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06-05-2023
City of Edgewater Meeting Agenda City Council 104 N. Riverside Drive Edgewater, FL 32132 Monday, June 5, 2023 6:00 PM Council Chambers We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE AND INVOCATION 2. APPROVAL OF MINUTES None at this time 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS None at this time 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS a. Discussion of the City Manager's 2022 evaluation, progress and Council direction. Attachments: City Manager Agreement - Glenn Irby City Manager Completed Evaluations 2022 Goals and Accomplishments 2023 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. 1 st Amendment to the Professional Services Agreement, Property Registration Champions LLC Attachments: ProChamps Extension City of Edgewater Page 1 Printed on 512512023 City Council Meeting Agenda June 5, 2023 7.1 N. e f a h. Alternatives Evaluation for G2-G11 Canal Improvement Project Attachments: EW G2&G11 Canal Improvement Project - Alternatives Evaluation Proposal 20� Vac -Truck Refurbishment and Rental Attachments: Sole Source Justification Vac Truck Referb 2023-05-03 Vac -con level3+ Quote# 13770E Great Southern eml Quote RE vac truck rental 2023-05-11.pdf Rental Quote Jet -Vac 900 ECO via Rock Equipment Rentals 2023-05-04.pdf Ring Power Vac -con Combo Rental Quote 2023-01-30.pdf Amending Section 14 Citizen Complaints of the CDBG-DR Grant from DEO for the Hart Avenue Drainaae and Water Main Improvements Proiect Attachments: IR004 City of Edgewater102220 executed contract 2020-11-02.pdf IR004-A2 Irma Citizen Complaint Amendment Edgewater.pdf DEO Subrecipient - Amendment 1 Engineering Design for Duck Lake Outfall Attachments: Lime Tree Drive Halff Submittal Letter Proposal 5-12-23.pdf Install Emergency Sewage Pumps at Five Lift Stations in Florida Shores Attachments: Executed Leesburg Contract Leesburg Contract 02-Amendment2-DanusUtilities Danus Quote 5 Lift Sta Install Skid -Mounted Bypass Pumps 2023-04-10.pdf Sewer Lift Station 52 Pump Replacement Attachments: Edgewater LS 52 Conversion Sulzer Sole Source letter HSIS Parking Agreements - 4th of July Celebration and Fireworks Display Attachments: 2023 Parking Agreement EW-NSB Cemetery (Stonemor) 2023 Parking Agreement Edgewater United Methodist Church 2023 Parking Agreement -106 Lamont St 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS City of Edgewater Page 2 Printed on 512512023 City Council Meeting Agenda June 5, 2023 a. 1st Readina - Ordinance No. 2023-0-16: Jack Lawson. reauestina annexation of 2.12± acres of land located at 1890 Old Mission Rd. Attachments: 2023-0-16 SP 7344-11-00-0040 Aerial 7344-11-00-0040 Survey b. 1st Readina - Ordinance No. 2023-0-17: Jack Lawson. reauestina an amendment to the Comprehensive Plan Future Land Use Map to include 2.12± acres of land located at 1890 Old Mission Road as Low Density Transition with Conservation Overlay Attachments: 2023-0-17 Location Map Aerial Map Future Land Use Map Survey C. 1 st Reading - Ordinance No. 2023-0-18: Jack Lawson, requesting an amendment to the Official Zoning Map to include 2.12± acres of land located at 1890 Old Mission Road as RT (Rural Transitional). Attachments: 2023-0-18 Location Map Aerial Map Zoning Map Survey d. 1 st Reading - Ordinance No. 2023-0-22: Amending Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), of the Code of Ordinances. Attachments: 2023-0-22 - Chapter 10 e. 1st Reading - Ordinance No. 2023-0-23: Amending the Police Officers Pension Plan Attachments: 2023-0-23 - Police Pension Chief Opt Out 2023.02.02,LetterOfNolmpact-Edgewater Police 06-05-23 Actuarial Impact Statement - Police Pension f. 1 st Reading - Ordinance No. 2023-0-24 - Amending Chapter 9 (Finance) Attachments: 2023-0-24 - Chapter 9 Chapter 9 FINANCE stikethrough underline Exhibit A City of Edgewater Page 3 Printed on 512512023 City Council Meeting Agenda June 5, 2023 g. Resolution No. 2023-R-08; June Amended Budget for Fiscal Year 2022-2023 Attachments: 2023-R-08 Budget Adjustments - June FY23 Exhibit A Budget Resolution 2023-R-08 Additional detail Budget Resolution 2023-R-08 h. Resolution No. 2023-R-09; Authorizing the City Council to participate in a joint meeting with the City of New Smyrna Beach City Commission and the City of Oak Hill City Commission to discuss matter of mutual interest related to economic development in southeast Volusia Attachments: 2023-R-09 L Resolution No. 2023-R-10: Authorization for the Mayor and City Manager to execute an Agreement with East Central Florida Regional Planning Council to prepare a Vulnerability Assessment and Adaptation Action Plan for the City of Edgewater according to the terms of the FDEP Resilient Florida Grant Attachments: 2023-R-10 22PLN24 - Edgewater Vulnerability and Adaptation Action Plan Grant Agreemei 9. BOARD APPOINTMENTS a. Economic Development Advisory Board Appointment - Councilwoman Bennington's appointment due to an open seat on the Board. Attachments: Enaris Inman Board Application 10. OTHER BUSINESS a. Zoll® Cardiac Monitor/Defibrillator Attachments: Memo Purchasing Justification Zoll Quote b. Fire Services Assessment Programs C. Agreement between the City of Edgewater, Florida and Bound Tree Medical, LLC for the purchase of EMS supplies. Attachments: Executed IFB-604500-23 Agreement (Boundtree) BoundTree 11. OFFICER REPORTS a. City Clerk City of Edgewater Page 4 Printed on 512512023 City Council Meeting Agenda June 5, 2023 b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie 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. City of Edgewater Page 5 Printed on 5/25/2023 City of Edgewater EDGEWATER Legislation Text File #: AR-2023-244, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Discussion of the City Manager's 2022 evaluation, progress and Council direction. DEPARTMENT: City Clerk 104 N. Riverside Drive Edgewater, FL 32132 SUMMARY: Review of the City Manager's contract and discussion of Mr. Irby's 2022 evaluations and goals; progress, direction, and general management as well as where the Council would like to go moving forward. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to either continue or terminate Mr. Irby's contract as City Manager. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM EMPLOYMENT AGREEMENT FOR CITY MANAGER CITY OF EDGEWATER, FLORIDA THIS AGREEMENT made and entered into this day of 2019, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation of the State of Florida (hereinafter "City"), and GLENN IRBY, (hereafter "City Manager") WITNESSETH: WHEREAS, Glenn Irby has demonstrated through his professional and educational experience and performance the level of professional and administrative competency desired by the City in its City Manager; and WHEREAS, as provided by the City Charter, the City Council has the authority to employ the City Manager; and WHEREAS, the City is desirous of employing Glenn Irby as its City Manager; and WHEREAS, Glenn Irby has indicated willingness to accept the responsibilities and render specific performance to the City as City Manager; and WHEREAS, both parties feel it would be mutually beneficial to have a contract of employment between the City and the City Manager setting forth agreements and understandings which (1) provide inducement for Glenn Irby to accept the job of City Manager, (2) make possible full work productivity by assuring Glenn Irby's morale and peace of mind with respect to future security, and (3) provide a just means for modifying Glenn Irby's services at such time as the City may desire. NOW, THEREFORE, in consideration of the mutual covenants and promises which the parties set forth below, the City and the City Manager agree as follows: EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 1 OF 13 1. EMPLOYMENT OF CITY MANAGER. The City hereby employs Glenn Irby as City Manager and Glenn Irby hereby accepts such employment upon terms and conditions hereinafter set forth. 2. TERM. 2.1 The term of this Agreement shall commence on July 1, 20I9 and shall continue until such time as the City or City Manager desire to terminate this Agreement. 2.2 The City Manager shall serve at the pleasure of the City as provided in the City Charter and Code of Ordinances. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of the City Manager at any time. 2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City manager to resign at any time from the position of City Manager, subject only to the provisions herein. 3. DUTIES. The City Manager shall perform those duties specified in Section 4.02 of the City Charter, City of Edgewater, Florida, as it may from time to time be amended, and all other applicable laws and regulations, and such other legally permissible and proper duties as he may be directed to perform by the City Council, Section 4.02 is attached hereto and incorporated by reference as Exhibit "A." 4. PERFORMANCE EVALUATION. 4.1 Annually, the City Council and City Manager shall define such goals and performance objectives for the City Manager which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and EMP1,01AIENT AGREEA1ENT FOR CITY MANAGER PAGE 2 OF 13 objectives to be reduced in writing. These goals and objectives shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 4.2 Annually, at the end of each fiscal year, the City Council shall evaluate the performance of the City Manager for the previous fiscal year utilizing the current evaluation form in place for the City Manager. S. COMPENSATION. Effective July 1, 2019, the City Manager shall receive initial annual compensation of One Hundred Thirty Five Thousand and no1100 Dollars ($135, 000.00)(the "Base Salary") payable as employee checks are issued by the City. The City will make standard payroll deductions from each paycheck for federal income tax, Social Security and Medicare. City Manager may designate amounts out of his annual compensation to be paid by the City as deferred compensation, and such payments shall be deposited into the deferred compensation plan selected by the City Manager and deducted accordingly from the annual compensation payments. The City Council shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of the City Manager, except in the event, and to the degree, a reduction is made across-the-board for all employees of the City. The City Manager shall be entitled to the same wage increases that are afforded to Directors. The City Manager agrees to forego the anticipated wage increase for City employees in October 2019, if any. 6. HOURS OF WORK AND MANAGERIAL DUTIES. The City Manager is the chief administrative officer for the City and is expected to perform all duties related to that position. The hours the City Manager must spend performing those duties may vary, but the City Manager shall work "full-time" and shall be available at City Hall or locally through cell phone EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 3 OF 13 or radio contact for all job requirements, given that a significant portion of job -related duties may transpire outside of City Hall. It is recognized that the City Manager must devote a great deal of time outside the normal office hours in business for the City, and to that end the City Manager shall be allowed to establish an appropriate work schedule. 7. BENEFITS. 7.1 Leave Time. The City Manager shall be entitled to holidays, vacation, and sick leave. The City Manager shall be credited 160 hours of vacation leave on the effective date of this Agreement. The City Manager shall accrue vacation leave on a bi-weekly basis up to 160 hours annually. Vacation leave accrued but not used within any given anniversary period may be carried over and accumulated, up to a maximum of 320 hours. Sick Ieave shall accrue at 8 hours per month up to a maximum of 320 hours. Vacation and sick leave will have no cash value until such time as the City Manager leaves the employment of the City. 7.2 Insurance. The City shall provide POS health insurance for the City Manager and his dependents at a cost to the City Manager of $193.17 bi-weekly or as determined each year when the City renews its group health insurance policy. The City shall provide and pay the premium for dental insurance for the City Manager and his dependents at no cost to the City Manager. The City shall provide and pay the premium for basic term life insurance and long term disability insurance. Health and dental insurance for the City manager commenced on March 1, 2019. Basic term life insurance and long term disability insurance for the City Manager will commence on the first of the month after hire date. The City reserves the right, in its discretion, to modify coverage, insurance providers and benefits as may be necessary and consistent with the benefits provided to its Directors/Deputy Directors. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 4 OF 13 7.3 Retirement. The City shall contribute an amount equal to 12° o of the City Manager's annual gross base salary to the 457 deferred compensation plan. 7.4 License Fees. Membership Dues and Training Expenses. The City shall pay or reimburse the City Manager for reasonable professional license fees, membership dues and training expenses directly associated with the City Manager's job duties including International City/County Management Association (ICMA) dues and Florida City/County Manager's Association (FCCMA) dues. The City shall also pay the annual membership dues to one service related organization within Volusia County such as, but not limited to, Kiwanis, Rotary or the Benevolent and Protective Order of the Elks (BPOE). The City shall also pay for fees associated with travel, per diem and associated fees related to annual conferences for ICMA, FCCMA and the Florida League of Cities. Such payment or reimbursement shall be limited to budgeted amounts and consistent with all City policies. Reimbursement under this section for any expense greater than $1,000.00 shall require prior approval of the City Council. Such approval shall be considered as given if the expense is included in the annual operating budget of the City. 7.5 Vehicle Allowance. The City shall provide the City Manager with use of a City owned vehicle. The City shall provide fuel for the vehicle and shall pay for all maintenance and repair expenses for the vehicle. The City Manager will purchase automobile insurance coverage, with limits of at least $300,000.00 per occurrence, which will insure his immediate family members when traveling in the City owned vehicle. 7.6 Cellular Phone. The City shall provide the City Manager with use of a cellular phone. The City shall pay all expenses associated with the use of the phone as the City Manager agrees to use the phone only for City business. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 5 OF 13 8. INDEMNIFICATION. Subject to the provisions of insurance defense coverage, and consistent with federal, state and local law, the City shall defend, save harmless and indemnify the City Manager acting within the scope of his employment, against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the City Manager's duties as City Manager, or resulting from the exercise of judgment or discretion in connection with the performance of the duties or responsibilities, unless the act or omission involved willful or wanton conduct or where the City Manager exceeds the scope of his authority or in the case of a conviction for any crime involving moral turpitude or a crime relating to ❑fficial duties. The City shall provide the City Manager's legal defense, court costs and other reasonable costs and expenses of such legal proceedings, and any other liabilities incurred by, imposed upon, or suffered by the City Manager, not limited to judgments or settlements in connection with or resulting from any claim or action, suit, or proceeding, whether actual or threatened, arising out of or in connection with the performance of the City Manager's duties. Any settlement of any claim must be made with prior approval of the City in order for indemnification, as provided in this section, to be available to the City Manager. 9. TERMINATION OF AGREEMENT. 9.1 The City has the inalienable right under law for employing and terminating a City Manager. 9.2 The City Manager acknowledges that there is no contractual or other right to occupy the position of City Manager after termination. 9.3 This Agreement may be terminated by the City, and the City Manager removed from his position, with or without cause, at any time during the term of this Agreement. EMPLOYMENT AGREENIENT FOR CITY MANAGER PAGE 6 OF 13 Upon termination of this Agreement by the City, the City Manager shall receive thirty (30) days notification. 9.4 The City shall not arbitrarily or capriciously seek termination of the City Manager's employment. Termination of the City Manager's employment shall occur when the majority of the City Council rotes to terminate the City Manager's employment at a duly authorized public meeting. 9.5 Termination for Cause. The City Manager may be terminated for cause. "Cause" for termination is defined as, and shall include, any of the following: • Misfeasance, malfeasance and/or nonfeasance in performance of the City Manager's duties and responsibilities. • Conviction or a plea of guilty or no contest to a misdemeanor or felony crime, whether or not adjudication is withheld. • Neglect of duty, including the inability or unwillingness to properly discharge the responsibilities of office. • Violation of any substantive city policy, rule, or regulation, which would subject any other city employee to termination. ■ Breach of fiduciary duty, including any act of fraud or theft against the interest of the City. • The commission of any act which involves moral turpitude, or which causes the City disrepute. • Breach of this Agreement. • Violation of the International City/County Management Association Code of Ethics. • Misconduct as defined in § 443.035(29), Florida Statutes. • Removal of the City Manager from office by the Governor of the State of Florida, pursuant to § 112.52, Florida Statutes, or other lawful removal from office by state: or federal governments. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 7 OF 13 ■ Final adjudication by a court or state administrative tribunal that the City Manager committed an act of malfeasance or misfeasance of office or a violation under Chapter 112, Florida Statutes. • Any other act of similar nature of the same or greater seriousness. If the City Manager is terminated for cause, the City Manager resigns, or the City Manager otherwise ceases employment with the City, then the City is not obligated to pay severance pay under this Agreement. If the City manager is terminated for cause, which includes misconduct as defined in § 443.436(29), Florida Statutes, he shall be prohibited from receiving severance pay. Severance pay shall mean salary, benefits and perquisites, as defined under § 215.425(4)(d), Florida Statutes. If the City Council votes to terminate the City Manager with cause, written notice of the charges by the City Council and its decision to terminate the City Manager shall be delivered to the City Manager, and the City Manager shall be given an opportunity for a formal, quasi-judicial hearing before the City Council within a reasonable period of time not to exceed 34 days from the publication of notice. The hearing shall provide an opportunity for the City Manager to rebut any charge affecting his character or reputation, but the City Council's action therein is final and non -appealable. However, nothing in this section shall abrogate the City Manager's right to enforce his rights under this Agreement in a civil court of competent jurisdiction. Upon termination for cause the City Manager will be entitled to payout for the total balance of accrued vacation leave, up to the maximum of 320 hours. No further compensation will be paid by the City. 9.6 Termination without Cause. If the City Manager is terminated by the City without cause, for reasons outside Paragraph 9.5, during the term of this Agreement, the City shall pay to the City Manager a sum equal to twenty (20) weeks of severance pay at his current rate of pay on the date of termination. In addition; the City shall provide to the City Manager EMPLOYMENT AGREEMENT FOR CITE° MANAGER PAGE 8 OF 13 five (5) months of health and dental insurance, not to exceed twenty (20) weeks, at the same benefit rate and cost to the City Manager as was afforded him at the date of termination. The City Manager shall also be compensated for the total balance of all accrued vacation leave, up to the maximum of 320 hours and accrued sick leave up to the maximum of 320 hours at his rate of pay on the date of termination. All severance pay and other benefits payable under this paragraph shall be payable over a twenty (20) week period and not as a lump sum payment. No further compensation will be paid by the City, for termination of the City Manager without cause. If the City, its citizens, or the legislature acts to amend any provisions of the Edgewater City Charter pertaining to the role, powers, duties, authority, or responsibilities of the City Manager's position that substantially changes the form of government then the City Manager shall have the right to declare that such amendments to the City Charter constitute termination without cause. If the City reduces the City Manager's Base Salary, compensation or any other substantial benefit of the City Manager, unless it is applied in no greater percentage than the average reduction in pay or benefits of all Directors, such action shall constitute a breach of this Agreement and will be regarded as a termination of the City Manager without cause. 93 If the City Manager becomes disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of time in excess of twelve (12) weeks of FMLA leave, the City shall have the option to terminate this Agreement for cause. In such an event, the City Manager shall be compensated for any accrued benefits. EMPLOYMENT AGREEMENT FOR CrrY MANAGER PAGE 9 OF 13 10. VOLUNTARY RESIGNATION. This Agreement may be terminated by the City Manager upon thirty (30) days notification to the City, unless the City Council, in its sole discretion, elects to shorten the minimum notice set forth in this paragraph. If termination as City Manager is due to a voluntary resignation submitted by the City Manager, he shall receive the total balance of accrued vacation leave, up to the maximum of 320 hours. No further compensation will be provided to the City Manager after the thirty (30) day notification period has expired. 11. OUTSIDE EMPLOYMENT. The City Manager recognizes and understands that the position of City Manager shall require his full-time attention and, accordingly, agrees to devote all time necessary to fully discharge duties. The City Manager shall refrain from accepting any engagement which would interfere in any way with the faithful performance of his services to the City. However, nothing in this Agreement will be construed as to prevent the City Manager From accepting honoraria or consulting fees from educational institutions, units of local government or state agencies for lecture, articles, instructional material, and consultation in the area of local government which shall not be in conflict with the City Manager's responsibilities with the City. 12. BONDING. The City shall bear the full cost of any fidelity or other bonds required of the City Manager under the City Charter or any law or ordinance. 13. MOVING AND RELOCATION EXPENSES. It is recognized that the City Manager currently resides in Lake County, Florida. It is further recognized that the Charter of the City of Edgewater requires the City Manager to reside within the corporate limits of the City. Because the City Manager owns real property in Lake County and must sell said property to be able to relocate to within the City of Edgewater, the EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE lU OF l3 City grants a time period of six months from the date of this Agreement for the City Manager to relocate to the City of Edgewater. The City agrees to provide up to $4,000.00 to the City Manager for moving expenses on a reimbursement basis. Reimbursement will be paid based upon invoices provided by the City Manager. If the moving expenses exceed $4,000.00 the City is only obligated to pay a maximum amount of $4,000.00. 14. GENERAL PROVISIONS. 14.1 Severability. If, during the term of this Agreement, it is found that a specific clause or condition of this Agreement is illegal in federal or state law, the remainder of the Agreement not affected by such a ruling shall remain in force. 14.2 This Agreement shall be construed in accordance with, and governed by the laws of the State of Florida. Venue for any cause of action shall be in Volusia County, Florida. 14.3 The parties agree that in the event they cannot resolve a dispute hereunder, they shall mutually participate in a mediation process, to be conducted by a Florida Circuit Court mediator, mutually selected and paid for by the City, prior to any lawsuit being filed. 14.4 This Agreement constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and is the final, complete and exclusive expression of the terms and conditions of their Agreement. Any and all prior agreements, representations, negotiations and understandings made by the parties, oral and written, express or implied, are hereby superseded and merged herein. 14.5 Any amendment, modifications, or variations from the terms of this Agreement shall be in writing, shall be effective only upon approval of such amendment, EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE l 1 OF 13 modification, or variation by the City Council, and shall not operate as a termination of this Agreement. 14.6 Any covenant or provision contained herein which does not comply with the laws of the State of Florida in existence from time to time during the term of this Agreement shall be deemed amended to comply with such laws. 15. NOTICES. Notice pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: If to City Manager: Glenn Irby 71 Ardlussa Street Umatilla, FL 32784 If to City: Mayor City of Edgewater Post Office Box 100 Edgewater, FL 32132-0100 With copy to: City Clerk/Paralegal City of Edgewater Post Office Box 100 Edgewater, FL 32132-0100 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 16. MODIFICATION OR WAIVER. Except as otherwise provided herein, this Agreement may not be modified or waived unless in writing and duly executed by all parties to this Agreement. EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE 12 OF 13 IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the dates listed below: ATTEST: Rabin Matusick,_Oity Ierk/Parale WITNESSES: CITY MANAGER: r Glenn Irby Dated: f !� EMPLOYMENT AGREEMENT FOR CITY MANAGER PAGE l3 OF l3 EXHIBIT A Sec. 4.02. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city and shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge under this Charter. The city manager shall: (1) Appoint, and when necessary, suspend or remove, all officers and employees of the city except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. The city manager may authorize any officer subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city except as otherwise provided by this Charter or by law. (3) Attend all city council meetings. The city manager shall have the right to take part in the discussion but shall not vote. (4) See that all laws, provisions of this Charter and acts of the city council, subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual budget and capital program to the city council; (6) Submit to the city council a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, agencies; the city: (8) Keep the city council advised as to the financial condition and future needs of (9) Make recommendations to the city council concerning the affairs of the city; (10) Provide staff support services for the city council; (11) Sign contracts, agreements, or leases on behalf of city to the extent authorized by ordinance; and (12) Perform such other duties as are specified in this Charter or may be required by the city council. I GEWATER R 2022 EVALUATION OF CITY MANAGER City Manager Name: Glenn Irby Identify performance score by placing the performance level score in the box associated with the evaluated section. 1 = Unsatisfactory 2 = Improvement Needed 3 = Meets Expectations Score 4 = Exceeds Expectation 5 = Outstanding Professional Skills Leadership : Represents the City on a professional manner; demonstrates courtesy, tact and 3.6 skill in dealing with sensitive matters; maintains an overall warm and personable attitude. As much as possible, be prepared to anticipate citizen's concerns/questions relating to agenda items with a tactful response. I would like to see improvement in this area. Foster an environment among leadership and staff who deal directly with residents to have a "can -do" atttitude; willing to do as much as possible to create a resolve for residents with concerns. Financial Management: Accurately and precisely reports and projects financial condition; budgets realistically; implements management practices and policies to maintain or achieve a 4.0 sound long-term financial condition; and plans for long-term maintenance and replacement of infrastructure. Grateful for continued financial transparency. Administrative Skills and Traits Job Knowledge: Demonstrates knowledge of all aspects of municipal government and has working knowledge of state and federal government. 4.4 Always highly impressed with Mr. Irby's skill set and experience. Personnel Management: Establishes sound personnel selection and placement policies. 3.6 Promotes and supports the "public service role" for city employees and emphasizes exemplary performance. Effectively evaluates employee performance and acts on the results. Motivation and Leadership: Motivates personnel so that they are increasingly effective in the 3.4 performance of their duties, in achieving common goals and objectives and in nurturing an attitude of courtesy, helpfulness and sensitivity to the public. Ethical Standards: Conforms to high standards of profession. 1 4.6 Relationship with City Council Planning and Organization: Works with the City Council developing and implementing long 4.0 and short term goals and objectives; carries out the goals and policies and programs of the City Council; demonstrates ability to anticipate needs of the City and recommends options to appropriately respond to the needs; and sets realistic objectives with appropriate time frames. Be more inclined on the dais to create solutions with Council that may differ from staffs recommendation. Be prepared to dive deeply into issues on the dais and entertain the conversation and questions from Council when working through an issue without resistance. Access: Available to the City Council and others on official business either personally or 4.6 through designated staff. Interactive Skills Community Relations: Maintains professional relations with community groups, contractors 3.2 and organizations; attends community functions; and effectively communicates the City Councils position to staff and public. As much as possible have a visible presence at Edgewater events; engage with local charity organizations to promote a healthy realationship with the City. Be prepared with facts in a tactful manner while finding creative solutions to concerns from residents. Needs to not comment on Facebook Posts. Communication Skills City Council: Openly communicates with the City Council, promptly and properly responds to 3.6 requests, keeps the City Council informed of current issues about matters critical to the City Councils goals and policy -making role. Keep Council apprised of issues/concerns that arise with the facts in order for Council to respond adequately especially for community wide concerns, Not happy with lack of communication about critical issues during Hurricane Ian. 4 Media: Maintains a constructive relationship with media outlets and others; communicates 3.4 clearly and demonstrates effective listening, oral and written skills. See previous on Facebook Posts. Improved relationships with community groups and HOA's to keep resident's informed. Managerial and Administrative Performance Accessible and maintains good rapport with elected officials, staff, and the public 3.8 Makes tough decisions when necessary 4.2 Ability to work with the press and media 3.4 rIm—p—lements City Council decisions loyally 4.0 Personal Qualities Mature professional and personable 4.4 Sense of humor 4.2 Open/forthright 3.8 Sensitive and considerate 3.8 Self-confident 4.0 Good personal appearance 4.4 Enjoys people and is friendly 3.6 Manages time well 4.2 Acce is responsibility willingly 4.0 Energetic 3.0 Non -defensive 3.2 Significant Accomplishments: What significant accomplishments have you achieved in the past year? SEE ATTACHED SIGNIFICANT ACCOMPLISHMENTS PREPARED BY CITY MANAGER GLENN IRBY Personal Qualities What 2 things would you like to achieve in your position for the coming year? SEE ATTACHED PREPARED BY CITY MANAGER GLENN IRBY What 2 things the City Manager does now that the Council member would most like him/her to continue? What 2 things the City Manager does not do now that the Council member would most like him/her to do Evaluation Completed By: Complied Scores Date: November 1, 2022 Cily Of E,DGEWATER CITY COUNCIL 2023 GOALS FOR CITY MANAGER What 2 things the City Manager does now that the Council would most like him to continue? ➢ Led a well-oiled machine (City Employees) thru Hurricane Ian with positive results. ➢ Keep Council informed on current events. ➢ Continued budget transparency and openness. ➢ Incredible government experience. ➢ Being accessible to answer questions. ➢ Continue working well with Department heads - Great Team. ➢ Maintaining relationship with Council members - new crop coming in soon. ➢ Maintain rapport with Police and Fire. What 2 things the City Manager does not do now that the Council would most like him to do. ➢ Smile every once in a while. ➢ More energetic/creative staff reports separate from reading the published agenda. ➢ Willingness on dais for conversation and creative problem solving. ➢ Get to know/more involved with Businesses and Community Groups. ➢ Attend more Community Events. ➢ More open to Council at meetings. ➢ Better control of Planning Department. ➢ Mr. Irby does not put himself out in public as a representative of the City in any manner beyond required. I would like him to step outside of his comfort zone and challenge him to care a little more about the overall perception of the City. I GEWATER File #: AR-2023-195, Version: 1 City of Edgewater Legislation Text COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: lst Amendment to the Professional Services Agreement, Property Registration Champions LLC DEPARTMENT: Fire Rescue/Code Enforcement SUMMARY: Property Registration Champions LLC provided services to promptly and efficiently address the issues related to the maintenance of foreclosed residential and commercial properties. The City entered into an agreement with Property Registration Champions LLC on July 12, 2021, the agreement had a term of two (2) years with the option to renew the contract for three (3) additional terms of one (1) year each. The City desires to renew the agreement for a one (1) year term expiring on July 12, 2024. BUDGETED ITEM: ❑ Yes ® No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve 1 st Amendment to the Professional Services Agreement, and authorize the City Manager to execute the Addendum. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM ADDENDUM #1 PROFESSIONAL SERVICES AGREEMENT FOR PROPERTY REGISTRATION WITH PROPERTY REGISTRATION CHAMPIONS, LLC, dba PROCHAMPS By Agreement made and entered into this day of , 2023, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY"'), 104 North Riverside Drive, Edgewater, FL 32132 and PROPERTY REGISTRATION CHAMPIONS, LLC, dba PROCHAMPS (hereinafter referred to as "Contractor), 6300 N. Wickham Road Suite 130-172 , Melbourne, FL 32940. WITNESSETH The CITY and CONTRACTOR mutually agree to amend that certain Agreement between the CITY and CONTRACTOR made and entered into on July 12, 2021, as follows: 1) Both parties wish to utilize the option contained in Paragraph #3 - TERM and TERMINATION by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from July 13, 2023, through and until July 12, 2024. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. ATTEST: Bonnie Zlotnik, City Clerk WITNESSES: Deanna Morris, Manager, Legal Support CITY OF EDGEWATER, FLORIDA Glenn Irby, City Manager PROPERTY REGISTRATION CHAMPIONS, LLC, dba PROCHAMPS Doug humway (Apr 16, 2023 22:49 EDT) Doug Shumway, CEO FL.Edgewater.Amd. No. 1 Final Audit Report 2023-04-18 Created: 2023-04-16 By: Deanna Moms (dmords@prochamps.com) Status: Signed Transaction ID: CBJCHBCAABAAQ-6nS6xA1Tw0D54WL3m26D9YXgQ7lWyM "FL. Edgewater.Amd. No. 1 " History Document created by Deanna Morris (dmorris@prochamps.com) 2023-04-16 - 8:00:12 PM GMT- IP address: 35.138.34.236 P-4 Document emailed to dshumway@prochamps.com for signature 2023-04-16 - 8:00:36 PM GMT Email viewed by dshumway@prochamps.com 2023-04-17 - 2:48:22 AM GMT- IP address: 174.163.145.72 CS© Signer dshumway@prochamps.com entered name at signing as Doug Shumway 2023-04-17 - 2:48:59 AM GMT- IP address: 174.163.145.72 6v Document e-signed by Doug Shumway (dshumway@prochamps.com) Signature Date: 2023-04-17 - 2:49:01 AM GMT - Time Source: server- IP address: 174.163.145.72 C-7. Document emailed to Deanna Morris (dmords@prochamps.com) for signature 2023-04-17 - 2:49:01 AM GMT Email viewed by Deanna Morris (dmorris@prochamps.com) 2023-04-18 - 2:12:51 PM GMT- IP address: 104.47.56.126 bo Document e-signed by Deanna Moms (dmords@prochamps.com) Signature Date: 2023-04-18 - 2:13:03 PM GMT - Time Source: server- IP address: 35.138.34.236 ® Agreement completed. 2023-04-18 - 2:13:03 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. a Adobe Acrobat Sign City of Edgewater EDGEWATER Legislation Text File #: AR-2023-222, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Alternatives Evaluation for G2-G11 Canal Improvement Project DEPARTMENT: Environmental Services SUMMARY: 104 N. Riverside Drive Edgewater, FL 32132 The City of Edgewater was granted $14,697,665.00 in funds from the Department of Economic Opportunity (DEO) under Agreement No. IR024 which was signed on June 27, 2022. The grant was awarded to enhance the G-2 and G-11 canals as part of the Community Development Block Grant Mitigation (CDBG-MIT) program in Florida through funding made available in the wake of Hurricane Irma (2017). The G-2 and G-11 canal drainage basin comprises around 350 acres of low-lying urban areas that are susceptible to flooding. When hurricanes occur, accompanied by heavy rainfall and a significant tidal surge, the Gabordy Canal's backflow from the Indian River hinders the proper functioning of the G-2 and G- I I canals in preventing flooding in the service area. This results in water damage to houses and increases the risk of permanent housing loss when the canals cannot adequately drain the area. The project's objective is to prevent backflow and enhance the stormwater capacity of the G-2 and G-I I canal service areas. This could involve various upgrades, such as culvert enhancements, backflow prevention measures, installation of pump station(s), expansion of flood storage, implementation of flow equalization, and addition of more gravity flow outfall(s), among other potential improvements. City Council accepted the qualifications -based selection process RFQ 23-ES-02 for Engineering Design and CEI Services at their February 6, 2023 meeting, authorizing Staff to begin scope -and -fee negotiations with the top -ranked firm, Mead & Hunt, Inc. Staff met with the project team from Mead & Hunt Inc. concerning the project and Mead & Hunt Inc. submitted the subject proposal to begin performing on the contract. As a portion of a phased approach, Mead & Hunt, Inc. has offered a seven -task proposal for conducting an alternatives evaluation to identify proper improvement strategies, which will fit within the awarded grant limit. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve the proposal from Mead & Hunt, Inc. in the amount of $285,483 and authorize the City City of Edgewater Page 1 of 2 Printed on 5/22/2023 powered by LegistarTM File #: AR-2023-222, Version: 1 Manager to sign any required documents. City of Edgewater Page 2 of 2 Printed on 5/22/2023 powered by LegistarTM Mead 11 lunt April 17, 2023 Randy Coslow, P.E. Director of Environmental Services / City Engineer City of Edgewater P O Box 100 Edgewater, FL 32132 Email: rcoslow(a)cityofedgewater.org Subject: Proposal for Alternatives Evaluation for G2-G11 Canal Improvement Project RFQ 23-ES- 02 Dear Mr. Coslow: As discussed at the March 24, 2023 meeting, the City would like to execute the G2-G11 Canal Improvement Project RFQ 23-ES-02 in phases, the first phase being a thorough alternatives evaluation. Mead & Hunt is pleased to present the enclosed scope of services and fee estimate for alternatives evaluation. As estimated in the Mead & Hunt's Technical Memorandum titled "Narrative to Accompany Conceptual Plan for G2 and G11 Canal Improvements in pursuit of Grant Funding", the total estimated cost for surveying, environmental, engineering, permitting, bidding and CEI services was $3,173,040. We suggest the City continue to use this as the overall budget for these services, with the fees associated with this alternatives analysis being a portion of this overall budget. We will provide a scope and fee for the design, permitting and bidding phases in the next proposal once an alternative is selected for design by the City. We will strive to deliver all the services within this overall budget. Please review the enclosed proposal, if you have any questions or require additional information, please contact us. Sincerely, MEAD & HUNT, Inc. "11 X-4 David King, P.E. Vice President/Business Unit Leader Meifa Chen, Ph.D., P.E. Water Resources Practice Leader Attach ment/Enclosure: Scope of Services and Fee Estimate for Alternatives Evaluation Mead & Hunt 14401 Eastport Parkway, Port Orange, FL, 32127 1 386-761-6810 1 meadhunt.com Randy Coslow, P.E. April 17, 2023 Page 2 CITY OF EDGEWATER SCOPE OF SERVICES FOR ALTERNATIVES EVALUATION FOR G2-G11 CANAL IMPROVEMENTS This Task Order is in conformance with the Contract for G2-G11 Canal Improvement Project RFG 23-ES- 02, Contract No. 19-SQ-621 F dated April , 2023 between the City of Edgewater (CITY) and Mead & Hunt, Inc. (CONSULTANT) and is referred to herein as the Contract. GENERAL Under the State of Florida, Department of Economic Opportunity (DEO) Agreement No. IR024 executed on June 27, 2022, the City of Edgewater was awarded Community Development Block Grant Mitigation (CDBG-MIT) funds of $14,697,665.00 by DEO for the improvements to the G-2 and G-11 canals. The G2 and G-11 canal drainage basin is approximately 350 acres of urbanized low elevation areas that are prone to flooding. During hurricane events when there is heavy rainfall and a significant tidal surge, backflow from the Indian River through the Gabordy Canal prevents the G-2 and G-11 canals from effectively preventing flooding in the service area. When the canals are unable to properly drain the service area, floodwaters damage homes and create the risk of permanent housing loss. The project will focus on preventing backflow and expanding the stormwater capacity of the G-2 and G-11 canal service areas. Improvements may include culvert improvements, backflow prevention, pump station(s), flood storage augmentation, flow equalization and additional gravity flow outfall(s), etc. The CONSULTANT met with the CITY on March 24, 2023 to discuss project implementation strategies. The CITY has decided to implement the project in a phased approach. The first phase is to perform a thorough alternatives evaluation to identify proper improvements which will fit within the grant limit. Therefore, the purpose of this Task Order is to evaluate alternatives. The detailed scope of services is provided below. Randy Coslow, P.E. April 17, 2023 Page 3 SCOPE OF SERVICES Upon receipt of notice to proceed, MEAD & HUNT will provide the following services: TASK 1 — PROJECT MANAGEMENT AND MEETINGS Project Coordination and Invoicing CONSULTANT'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. The services described herein will be provided over the estimated 150-day project duration. Project Meetings The CONSULTANT will conduct a project kick-off meeting with the project team and CITY staff to review project goals, scope of work, project schedule and administration. In addition, the CONSULTANT will conduct up to four (4) review meeting as further described below throughout the course of the project. The four review meetings are visioned below: ■ Meeting 1 — Review of updated ICPR model and results for existing conditions ■ Meeting 2 — Review of ICPR model and results with existing drainage infrastructures and future land uses, brainstorming of alternatives to be evaluated ■ Meeting 3 — Interim review of ICPR models and results with alternatives, alternatives refinements ■ Meeting 4 - Final review of ICPR models and results with alternatives, selecting alternative for design. The budgets for these meetings are NOT included in this task (Task 1), rather they are included in Task 3 and Task 4. The CONSULTANT will prepare a written summary of each project meeting and distribute to the attendees. Quality Assurance / Quality Control The CONSULTANT will implement a quality assurance and control process, which includes the independent technical review of deliverables 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 will be completed prior to submission to the CITY. Deliverables: ■ Meeting Agendas and Summaries ■ Monthly Invoices Randy Coslow, P.E. April 17, 2023 Page 4 TASK 2 — SITE RECONNAISANCE AND DATA COLLECTION At the onset of the project, the CONSULTANT and its subconsultants will conduct a site reconnaissance to identify the changes occurred in the G2 & G11 canal service areas since 2005 when the original ICPR model was developed for the master plan project. The changes may include land developments, stormwater sewers, culverts, ditches and ponds, etc. After the site reconnaissance, the CONSULTANT and its subconsultants will identify critical structures for survey to obtain locations, sizes and elevations, etc. The CONSULTANT and its subconsultants will also collect the following data for model update and alternatives evaluation: ■ From the CITY o Hourly canal stage data o Stormwater system GIS data o Existing and future land use GIS data o Ongoing and future development plans o Flood area maps during Hurricanes Irma, Ian and Nicole, if available o Proposals of other proposers ■ Online o Volusia County LiDAR data o Rainfall and tide data during Hurricanes Irma, Ian and Nicole o Relevant environmental resource permit (ERP) applications Deliverables: ■ List of data requests TASK 3 — HYDRAULIC MODELING The CONSULTANT and its subconsultants will perform the following under this task: ■ Update the 2005 master plan ICPR version 3 model to create an existing conditions model through including changes identified in Task 2. ■ Validate the existing conditions model with canal stages and flood area maps during Hurricanes Irma, Ian and Nicole (if maps are available) and adjust model parameters when needed to form Model Network 1. ■ Create a model with existing drainage infrastructure and planned developments. This model is referred to as Model Network 2. ■ Simulate Model Network 1 and Model Network 2 for the scenarios below: a. 100-year 72-hour storm and the highest tide recorded during Hurricanes Irma, Ian and Nicole Randy Coslow, P.E. April 17, 2023 Page 5 b. Rainfall and tide during Hurricane Irma c. Rainfall and tide during Hurricane Ian d. Rainfall and tide during Hurricane Nicole ■ Create flood maps for the above simulation scenarios. ■ Meet with the CITY to review model results and flood maps, and brainstorm alternatives to be evaluated in Task 4. Deliverables: Tables and maps summarizing model results TASK 4 — ALTERNATIVES EVALUATION The CONSULTANT and its subconsultants will perform the following under this task: ■ Update Model Network 2 to create new model networks for up to five (5) major alternatives. Each alternative will be a combination of conveyance improvements (pipes, culverts and ditches), backflow prevention, pump station(s), flood storage augmentation, flow equalization and additional gravity flow outfall(s). ■ Simulate each alternative for the following scenarios: a. 100-year 72-hour storm and the highest tide recorded during Hurricanes Irma, Ian and Nicole b. Rainfall and tide during Hurricane Irma c. Rainfall and tide during Hurricane Ian d. Rainfall and tide during Hurricane Nicole Some improvements will need to be refined iteratively through discussing with the CITY. ■ Summarize model results in tables and graphs, and flood maps for the preferred alternative. ■ Meet with the CITY to finalize the alternatives. ■ Update and simulate the final alternatives models. ■ Estimate the probable construction cost of each alternative. ■ Summarize final model results in tables and maps and meet with the CITY to rank the alternatives and select an alternative for design. The CONSULTANT and its subconsultants will rank the alternatives based on the following criteria: ■ Flood area mitigation ■ Flood frequency reduction ■ Property values saved ■ Environmental impact and permitting ■ Construction cost Randy Coslow, P.E. April 17, 2023 Page 6 Deliverables: ■ Tables and maps summarizing model results • Construction cost estimate ■ Ranking of alternatives and supporting documents TASK 5 — TECHNICAL MEMORANDUM The CONSULTANT and its subconsultants will prepare a technical memorandum (TM) documenting model update, hydraulic modeling of the alternatives, alternatives analyzed and ranking of alternatives. A draft TM will be summitted to the CITY for review and it will be revised to incorporate the CITY's comments. Deliverables: ■ Draft TM ■ Final TM TASK 6 — PUBLIC INVOLVEMENT AND STAKEHOLDER COORDINATION The CONSULTANT and its subconsultants will perform the following under this task: ■ Prepare maps, notices and handouts for two public meetings. ■ At the beginning of the Task order, assist the CITY to organize the first public meeting to solicit flooding areas and inputs in solutions. ■ Towards the end of this Task Order, assist the CITY to organize the second public meeting to present proposed improvements and obtain feedbacks. ■ Coordinate with Volusia County, Florida Department of Transportation (FDOT) and St. Johns River Water Management District (SJRWMD), if required. Deliverables: ■ Maps, notices and handouts ■ Meeting summaries TASK 7 — SUBCONSULTANT COORDINATION Survey Coordination The CONSULTANT will obtain the services of a licensed surveyor to conduct a survey of the critical structures identified in Task 2. The surveyor costs will be billed to the allowance for critical infrastructure survey. The CONSULTANT's coordination of the survey efforts and administration of the subconsultants contract are included herein. Randy Coslow, P.E. April 17, 2023 Page 7 ICPR Hydraulic Modeling and Alternatives Evaluation Coordination The CONSULTANT will obtain services from POND and Pegasus to assist with ICPR hydraulic modeling and alternatives evaluation. POND and Pegasus were included on the original CONSULTANT's project team. The CONSULTANT's coordination and administration of the subconsultants are included herein. EXCLUSIONS This scope of services excludes all items not specifically described herein. Also, specifically excluded items are: 1. Georeferencing of model network. 2. 2D modeling. 3. Preliminary design and detailed design — to be completed in next phase of the project. 4. Grant administration — to be performed by the CITY. 5. Assistance with property and easement acquisitions — to be performed in the next phase of the project. 6. Utility coordination — to be completed in next phase of the project. 7. Contingency or allowance monies — any required effort outside of this scope will be negotiated separately. Engineer will be not responsible for schedule impacts from outside scope. Randy Coslow, P.E. April 17, 2023 Page 8 SCHEDULE MEAD & HUNT will strive to complete the work per the following schedule: Task Duration to Complete Starting upon Task 1- Project Management & Meetings 150 days Receipt of notice to proceed Task 2 - Site Reconnaissance & Data Collection 14 days Completion of Kickoff Meeting Task 3 - Hydraulic Modeling 50 days Completion of Task 2 Task 4 - Alternatives Evaluation 50 days Completion of Task 3 Task 5 - Technical Memorandum 21 days Completion of Task 4 Task 6 - Public Involvement & Stakeholder Coordination 150 days Receipt of notice to proceed Task 7 - Subconsultant Coordination 150 days Receipt of notice to proceed The above timeframes do not include CITY time. With this schedule we believe we can be successful in delivering the preliminary design report and initiate detailed design by the end of the year. Randy Coslow, P.E. April 17, 2023 Page 9 COMPENSATION The work described under the Scope of Services will be performed on a lump -sum basis and/or time -and - expense basis at a total/cost fee not to exceed $285,483. The fee/cost breakdown is provided in the table below: Fee/Cost Phase/Task Mead & Hunt Pegasus POND Sub Total Basis Task 1- Project Management & $ 7,397 $ 6,120 $ 4,850 $ 18,367 Lump Sum Meetings Task 2 - Site Reconnaissance & $ 2,328 $ 2,600 $ 20,450 $ 25,378 Lump Sum Data Collection Task 3 - Hydraulic Modeling $ 7,456 $ 45,805 $ 13,550 $ 66,811 Lump Sum Task 4 - Alternatives Evaluation $ 16,776 $ 57,980 $ 22,030 $ 96,786 Lump Sum Task 5- Technical $ 3,960 $ 12,280 $ 4,640 $ 20,880 Lump Sum Memorandum Task 6 - Public Involvement & $ 13,372 $ 6,390 $ 3,505 $ 23,267 Lump Sum Stakeholder Coordination Task 7 - Subconsultant $ 2,568 $ - $ - $ Z568 Lump Sum Coordination Reimbursables $ 300 $ 1,125 $ - $ 1,425 Lump Sum Allowance for Critical $ 30,000 $ 30,000 Time & Infrastructure Survey Expense SUB TOTAL $ 84,1581 $ 132,3001 $ 69,025 GRAND TOTAL $ 285,483 Randy Coslow, P.E. April 17, 2023 Page 10 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 By: Name: Title: The above person is authorized to sign for CITY and bind the CITY to the terms hereof. Date: Approved by: MEAD & HUNT, INC. Name: David King, P.E. Title: Vice President, Business Unit Leader Date April 17, 2023 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(a_)cityofedgewater.org. Mead 11 lunt CITY OF EDGEWATER ESTIMATED MANHOUR SCHEDULE April 14, 2023 Task Description Senior Associate, Principal Senior Associate, Principal Senior Engineer Engineer III Administrative Assistant Administrative Assistant Mileage Total Task ($) Hourly Rate $ 220.00 $ 220.00 $ 175.00 $ 168.00 $ 101.00 $ 101.00 $ 0.66 See Below 1 Project Management Project Coordination 4 8 4 4 $ 4,012.00 Project Kick -Off Meeting 2 4 4 2 $ 2,356.00 Internal Kick -Off Meeting 1 2 1 1 $ 26.20 $ 1,029.20 Subtotals 7.0 14.0 9.0 7.0 0.0 0.0 $ 26.20 $ 7,397.20 2 SITE RECONNAISANCE AND DATA COLLECTION Site Reconnaissance 2 2 2 $ 1,216.00 Data Collection 2 4 $ 1,112.00 Subtotals 2.0 4.0 0.0 6.0 0.0 0.0 $ $ 2,328.00 3 HYDRAULIC MODELING 2005 Model Update to Latest ICPR Version 1 2 2 $ 1,010.00 Model Update to Include Changes since 2005 1 2 2 $ 1,010.00 Validation of Existing Conditions Model 2 4 $ 1,320.00 Meeting with City First Review Meeting) 2 4 $ 26.20 $ 1,346.20 Model Update to Include Future Land Uses 1 2 2 $ 1,010.00 Model Simulations 2 2 $ 880.00 Flood Maps 2 2 $ 880.00 Meeting with City 2nd Review Meeting) 2 4 $ 26.20 Subtotals 13.0 22.0 6.0 0.0 0.0 0.0 $ 52.40 $ 7,456.2E 4 ALTERNATIVES EVALUATION Model Creation for Alternatives 2 4 4 $ 2,020.00 Model Simulations 2 4 4 $ 2,020.00 Preliminary Model Result Summary Tables & Maps 2 4 4 $ 2,020.00 Meeting with City 3rd Review Meeting) 2 4 $ 26.20 $ 1,346.20 Final Model Update & Simulations 2 4 $ 1,32E-00 Cost Estimate 4 8 8 8 $ 5,384.00 Final Model Result Summary Tables & Maps 2 4 $ 1,320.00 Meeting with City (4th Review Meeting) 2 4 $ 26.20 $ 1,346.20 Subtotals 18.0 36.0 20.0 8.0 0.0 0.0 $ 52.40 $ 16,776.40 5 TECHNICAL MEMORANDUM Draft TM 4 8 $ 2,640.00 Final TM 2 4 $ 1,320.00 Subtotals 6.0 12.0 0.0 0.0 0.0 0.0 $ - $ 3,960.00 6 PUBLIC INVOLVEMENT AND STAKEHOLDER COORDINATION 1st Public Meeting 2 8 16 $ 26.20 $ 4,914.20 2nd Public Meeting 2 8 16 $ 26.20 $ 4,914.20 Coordination with Governmental Stakeholders 2 8 8 $ 3,544.00 Subtotals 6.0 24.E 0.0 40.0 0.0 0.0 $ 52.40 $ 13,372.40 7 SUBCONSULTANT COORDINATION Survey, Modeling & Alternatives 4 4 4 4 $ 2,568.00 Subtotals 4.0 4.0 0.0 0.0 4.0 4.0 $ $ 2,568.00 TOTAL ALL TASKS 56.0 116.0 35.0 61.0 4.0 4.0 $ 183.40 $ 53,858.20 Lump Sum Total $ 53,858.20 Subs/Reimbursables $ 30,300 Contin enc $ IGRAND TOTAL $ 84,158 8 Other Subconsultant/Reimbursables Breakdown: Description Amount Survey Allowance $ 30,000.0E Printing/Reproduction/Postage $ 300.00 Totall $ 30,300.00 Page 1 of 1 EXHIBIT "A" (Manhour and Fee Estimate) Gabordy Canal Watershed - Canal G2 and Canal G11 Improvement Project Task Description (See Note 1 Below) (Effective Date : April 13, 2023) Senior Project Manager Project Manager Senior Project Engineer GIS / CADD Technician Admin / Clerical Task Subtotal Hourly Rate $200.00 $190.00 $185.00 $90.00 $50.00 TASK 1- PROJECT MANAGEMENT AND MEETINGS 0.0 1 Kick-off Meeting, Review and revise minutes prepared by Mead Hunt 2.0 4.0 6.0 2 Quality Assurance / Quality Control 8.0 8.0 16.0 3 Project Administration (status reports via monthly invoices) 8.0 8.0 16.0 0.0 TASK 2 - SITE RECONNAISANCE AND DATA COLLECTION 0.0 1 Organize the final deliverables and digital files from the original drainage study 1.0 4.0 5.0 2 Prepare maps and tables for site reconnaisance 0.0 3 Collect online data (Rainfall, Tide, ERPs & LiDAR data, etc.) 0.0 4 Collect data from City (Gauge data, GIS, development plans, flooding areas, etc.) 0.0 5 Collect data from County & FDOT 0.0 6 Site Reconnaisance 0.0 7 Review collected data 1.0 8.0 9.0 8 Identify critical structures for survey 0.0 0.0 TASK 3 - HYDROLOGIC AND HYDRAULIC MODELING - EXISTING CONDITIONS 0.0 1 Update the drainage basin map with the most recent aerial orthophotos 1.0 2.0 3.0 2 Update the drainage basin map to reflect the collected data 6.0 16.0 22.0 3 Update the basin map to reflect the new LiDAR topography (including basin delineations) 8.0 24.0 32.0 4 Perform a datum shift to convert model elevations from NGVD29 to NAVD88 1.0 2.0 3.0 5 QA/QC the converted model and randomly check elevations for the datum shift 1.0 4.0 5.0 6 Update the ICPR model Version 3 to Version 4. 1.0 4.0 5.0 7 QA/QC the converted model and compare the results from the two (2) models 2.0 10.0 12.0 8 Update the model to reflect the collected data 16.0 2.0 18.0 9 Obtain node stage -area relationships for model update 0.0 10 Update the model to reflect node stage -area revisions 8.0 2.0 10.0 11 Cut Channel Cross sections from LiDAR (coordinate with POND) 1.0 1.0 12 Update the model to reflect link cross sections revisions (data from POND) 8.0 8.0 13 Determine land use cover changes since 2005 (coordinate with POND) 1.0 1.0 14 Incorporate revised landuse and compute the weighted runoff CN & other hydrologic parameters 6.0 8.0 14.0 15 Perform model verification for documented flooding (Irma, Ian, and Nicole) 2.0 20.0 8.0 30.0 16 Review of model, verification & results (coordinate with POND) 2.0 2.0 17 Team Meeting #1 2.0 4.0 6.0 18 Incorporate future landuse and compute the weighted runoff curve numbers 4.0 8.0 12.0 19 Simulation scenarios for Model Network 1 (For model verification) 24.0 24.0 20 Simulation scenarios for Model Network 2 (For future land use) 1 24.0 1 24.0 Pegasus Page 1 P-229737 EXHIBIT "A" (Manhour and Fee Estimate) Gabordy Canal Watershed - Canal G2 and Canal G11 Improvement Project Task Description (See Note 1 Below) (Effective Date : April 13, 2023) Senior Project Manager Project Manager Senior Project Engineer GIS / CADD Technician Admin / Clerical Task Subtotal Hourly Rate $200.00 $190.00 $185.00 $90.00 $50.00 21 Create flood maps for all simulation scenarios 8.0 32.0 40.0 22 Organize and assemble the preliminary model results and mapping exhibits 8.0 24.0 32.0 23 Review of model & results (coordinate with POND) 2.0 2.0 24 Team Meeting #2 2.0 4.0 6.0 0.0 TASK 4 - ALTERNATIVES EVALUATION - PROPOSED CONDITIONS 0.0 1 Develop alternatives to be evaluated 8.0 32.0 40.0 2 Revise the drainage basin map and model for Alternative #1 6.0 8.0 14.0 3 Revise the drainage basin map and model for Alternative #2 6.0 8.0 14.0 4 Revise the drainage basin map and model for Alternative #3 6.0 8.0 14.0 5 Revise the drainage basin map and model for Alternative #4 6.0 8.0 14.0 6 Revise the drainage basin map and model for Alternative #5 6.0 8.0 14.0 7 Simulation scenarios for Alternative #1 12.0 12.0 8 Simulation scenarios for Alternative #2 12.0 12.0 9 Simulation scenarios for Alternative #3 12.0 12.0 10 Simulation scenarios for Alternative #4 12.0 12.0 11 Simulation scenarios for Alternative #5 12.0 12.0 12 Review of model & results (coordinate with POND) 2.0 2.0 13 Develop criteria for ranking alternatives 2.0 4.0 6.0 14 Develop preliminary cost estimate for all alternatives evaluated 4.0 8.0 12.0 15 Rank alternatitves 2.0 6.0 8.0 16 Create flood maps for the preferred aternative 2.0 8.0 10.0 17 Summarize model results of all scenarios in tables and graphs 8.0 12.0 20.0 18 Team Meeting #3 2.0 4.0 6.0 19 Revise and finalize the drainage basin map and model for Alternative #1 8.0 4.0 12.0 20 Revise and finalize the drainage basin map and model for Alternative #2 8.0 4.0 12.0 21 Revise and finalize the drainage basin map and model for Alternative #3 8.0 4.0 12.0 22 Revise and finalize the drainage basin map and model for Alternative #4 8.0 4.0 12.0 23 Revise and finalize the drainage basin map and model for Alternative #5 8.0 4.0 12.0 24 Final simulation scenarios for Alternative #1 6.0 6.0 25 Final simulation scenarios for Alternative #2 6.0 6.0 26 Final simulation scenarios for Alternative #3 6.0 6.0 27 Final simulation scenarios for Alternative #4 6.0 6.0 28 Final simulation scenarios for Alternative #5 6.0 6.0 29 Update flood maps for the simulation scenarios of preferred alternative 2.0 8.0 10.0 30 Update model results summary tables and graphs 6.0 6.0 Pegasus Page 2 P-229737 EXHIBIT "A" (Manhour and Fee Estimate) Gabordy Canal Watershed - Canal G2 and Canal G11 Improvement Project Task Description (See Note 1 Below) (Effective Date : April 13, 2023) Senior Project Manager Project Manager Senior Project Engineer GIS / CADD Technician Admin / Clerical Task Subtotal Hourly Rate $200.00 $190.00 $185.00 $90.00 $50.00 31 Review of model & results (coordinate with POND) 2.0 2.0 32 Update preliminary cost estimate 2.0 6.0 8.0 33 Update alternative ranking (coordinate with POND) 2.0 2.0 34 Team Meeting #4 2.0 4.0 6.0 0.0 TASK 5 - TECHNICAL MEMORANDUM 0.0 1 Draft technical memorandum 8.0 40.0 48.0 2 Final technical memorandum 6.0 12.0 18.0 0.0 TASK 6 - PUBLIC INVOLVEMENT AND STAKEHOLDER COORDINATION 0.0 1 Prepare maps for two public meetings 8.0 8.0 16.0 2 Prepare notices and handouts for two public meetings (review work by others) 2.0 2.0 3 Attend meetings (assume 2 meetings) 8.0 8.0 16.0 4 Prepare meeting summaries (review work by others) 2.0 2.0 5 Coordinate with other government stakeholders 2.0 2.0 0.0 TASK 7 - SUBCONSULTANT COORDINATION 0.0 1 None 0.0 0.0 PROJECT HOURS 16.0 59.0 521.0 222.0 8.0 826.0 PROJECT FEE $3,200.00 $11,210.00 $96,385.00 $19,980.00 $400.00 $131,175.00 PROJECT PERCENT BREAKDOWN (HOURS) 1.9% 7.1% 63.1% 26.9% 1.0% 1 100.0% NOTES: 1. Mead Hunt proposal exclusions. 2. Work activities are limited to Canal G2 and Canal G11. Stormwater model revisions and refinements will not include the remainder of the Gabordy Canal watershed. 3. The converted ICPR4 model will not be georeferenced. SUMMARY OF FEE ESTIMATE 1. Total Labor Cost $131,175.00 2. Survey Sub -consultant 3. Geotechnical Sub -consultant 4. Ecological Sub -consultant 5. Reimbursable Expenses (plotting, printing, etc.) $1,125.00 6. Total Lump Sum Cost $132,300.00 Pegasus Page 3 P-229737 POND'S Budget 04/13/2023 Detailed Tasks Task $ Principal Engineer Project Manager Engineer II GIS / CADD Technician Admin / Clerical Task Subtotal $210.00 $185.00 $130.00 $120.00 $50.00 TASK 1 - PROJECT MANAGEMENT AND MEETINGS $ 4,850.00 1 Kick-off Meeting, Review and revise minutes prepared by Mead Hunt 4.0 4.0 4.0 4.0 16.0 2 Quality Assurance / Quality Control 2.0 2.0 4.0 3 Project Administration (status reports via monthly invoices) 8.0 8.0 TASK 2 - SITE RECONNAISANCE AND DATA COLLECTION $ 20,450.00 1 Organize the final deliverables and digital files from the original drainage study 2 Prepare maps and tables for site reconnaisance 1.0 2.0 8.0 11.0 3 Collect online data (Rainfall, Tide, ERPs & LiDAR data, etc.) 2.0 8.0 32.0 42.0 4 Collect data from City (Gauge data, GIS, development plans, flooding areas, etc.) 1.0 4.0 8.0 16.0 29.0 5 Collect data from County & FDOT 1.0 2.0 8.0 11.0 6 Site Reconnaisance 8.0 32.0 40.0 7 Review collected data 2.0 2.0 4.0 8 Identify critical structures for survey 1.0 2.0 8.0 11.0 TASK 3 - HYDROLOGIC AND HYDRAULIC MODELING - EXISTING $ 13,550.00 1 Update the drainage basin map with the most recent aerial orthophotos 2 Update the drainage basin map to reflect the collected data 3 Update the basin map to reflect the new LiDAR topography (including basin 4 Update ICPR 3 model to latest version 4 and perform a datum shift to convert model elevations from NGVD29 to NAVD88 5 QA/QC the converted model and randomly check elevations for the datum shift 6 Update the model to reflect the collected data 8.0 8.0 16.0 7 Update the model to reflect node stage -area revisions 4.0 16.0 20.0 8 Update the model to reflect link cross sections revisions 4.0 8.0 12.0 9 Incorporate revised landuse and compute the weighted runoff curve numbers & other hydrologic parameters 10 Perform model verification for documented flooding (Irma, Ian, and Nicole) 11 Review of model, verification & results 6.0 6.0 12.0 12 Team Meeting #1 3.0 3.0 6.0 13 Incorporate future landuse and compute the weighted runoff curve numbers 14 Simulation scenarios for Model Network 1 (For model verification) 1/3 POND'S Budget 04/13/2023 Detailed Tasks Task $ Principal Engineer Project Manager Engineer II GIS / CADD Technician Admin / Clerical Task Subtotal 15 Simulation scenarios for Model Network 2 (For future land use) 16 Create flood maps for all simulation scenarios 17 Organize and assemble the preliminary model results and mapping exhibits 18 Review of model & results 6.0 6.0 12.0 19 Team Meeting #2 3.0 3.0 6.0 TASK 4 - ALTERNATIVES EVALUATION - PROPOSED CONDITIONS $ 22,030.00 1 Develop alternatives to be evaluated 8.0 24.0 32.0 64.0 2 Revise the drainage basin map and model for Alternative #1 3 Revise the drainage basin map and model for Alternative #2 4 Revise the drainage basin map and model for Alternative #3 5 Revise the drainage basin map and model for Alternative #4 6 Revise the drainage basin map and model for Alternative #5 7 Simulation scenarios for Alternative #1 8 Simulation scenarios for Alternative #2 9 Simulation scenarios for Alternative #3 10 Simulation scenarios for Alternative #4 11 Simulation scenarios for Alternative #5 12 Review of model & results 6.0 6.0 12.0 13 Develop criteria for ranking alternatives 4.0 4.0 8.0 14 Develop preliminary cost estimate for all alternatives evaluated 4.0 4.0 15 Rank alternatitves 4.0 4.0 8.0 16 Create flood maps for the preferred aternative 17 Summarize model results of all scenarios in tables and graphs 18 Team Meeting #3 3.0 3.0 6.0 19 Revise and finalize the drainage basin map and model for Alternative #1 20 Revise and finalize the drainage basin map and model for Alternative #2 21 Revise and finalize the drainage basin map and model for Alternative #3 22 Revise and finalize the drainage basin map and model for Alternative #4 23 Revise and finalize the drainage basin map and model for Alternative #5 24 Final simulation scenarios for Alternative #1 25 Final simulation scenarios for Alternative #2 26 Final simulation scenarios for Alternative #3 27 Final simulation scenarios for Alternative #4 2/3 POND'S Budget 04/13/2023 Detailed Tasks Task $ Principal Engineer Project Manager Engineer II GIS / CADD Technician Admin / Clerical Task Subtotal 28 Final simulation scenarios for Alternative #5 29 Update flood maps for the simulation scenarios of preferred alternative 30 Update model results summary tables and graphs 31 Review of model & results 6.0 6.0 12.0 32 Update preliminary cost estimate 4.0 4.0 33 Update alternative ranking 34 Team Meeting #4 3.0 3.0 6.0 TASK 5 - TECHNICAL MEMORANDUM $ 4,640.00 1 Draft technical memorandum 4.0 8.0 12.0 2 Final technical memorandum 4.0 8.0 12.0 TASK 6 - PUBLIC INVOLVEMENT AND STAKEHOLDER COORDINATION $ 3,505.00 1 Prepare maps for two public meetings 2.0 2.0 2 Prepare notices and handouts for two public meetings 2.0 2.0 3 Attend meetings 4.0 4.0 8.0 4 Prepare meeting summaries 1.0 1.0 2.0 5 Coordinate with other government stakeholders 2.0 2.0 4.0 TASK 7 - SUBCONSULTANT COORDINATION 79.0 147.0 124.0 76.0 426.0 $16,590.00 $27,195.00 $16,120.00 $9,120.00 $69,025.00 3/3 City of Edgewater EDGEWATER Legislation Text File #: AR-2023-223, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Vac -Truck Refurbishment and Rental DEPARTMENT: Environmental Services SUMMARY: 104 N. Riverside Drive Edgewater, FL 32132 In July 2014, the City's Environmental Services Department placed into service Vac -Con #06146865, an industrial vacuum truck. This unit has proven vital in performing daily utility operations, such as hydro - excavation, soil trenching, sewer jetting, and debris removal. It is also invaluable for addressing emergency responses, such as water and sewer line breaks. To maximize the City's original investment and capital outlay, the Department secured a quote from the manufacturer's only local distributor Southern Sewer Inc. in the amount of $142,826.85 for a complete body - off refurbishment of this unit. The process is expected to take approximately 3 months. As this is a vital piece of equipment used for daily operations and to address emergencies, the Department obtained multiple quotes for a monthly rental agreement of a comparable unit during the refurbishment process, as follows: $12,500/month $37,500/3 months VacAll via Great Southern Equipment LLC $13,750/month $41,250/3 months Jet -Vac via Rock Rental Equipment $15,300/month $45,900/3 months Vac -Con via Ring Power Among the three (3) quotes obtained, the lowest quoted monthly price Great Southern Equipment LLC could not guarantee availability of a unit within our required timeframe. The other two bidders, Rock Rental Equipment and Ring Power, could guarantee availability within our timeframe. Accordingly, Staff is requesting sufficient funds to cover the cost of the second lowest bid and authorization to enter a rental agreement with the lowest -priced vendor who has a unit available at the time of our need. In the event that the period of need for the rental vac -truck exceeds 3 months, Staff is requesting approval to waive the requirement in the City's Purchasing Policy for formal solicitation for purchases over $50,000 in order to extend the rental on a month -by -month basis until the City's vac -truck is back in service. BUDGETED ITEM: M Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes M No ❑ Not Applicable RECOMMENDED ACTION: City of Edgewater Page 1 of 2 Printed on 5/22/2023 powered by LegistarTM File #: AR-2023-223, Version: 1 Motion to approve the quote from Southern Sewer Equipment Sales in the amount of $142,826.85 for Vac - Truck refurbishment, and to approve $41,250 towards the rental of a comparable vacuum truck from the lowest -price vendor with a unit available at the time of need and authorization to continue such rental monthly as needed, waiving the requirement for a formal solicitation; authorizing the City Manager to sign all related documents. City of Edgewater Page 2 of 2 Printed on 5/22/2023 powered by LegistarTM The City of Edgewater Finance Department 104 Riverside Drive Edgewater, FL 32132 SOLE SOURCE JUSTIFICATION Form 9 TO: Finance Department FROM: REQUISITION #: Subject - Purchase of: Requested Supplier — Contact: City, State, Zip: Company: Southern Sewer Equipment Sales Phone: Address: Estimated Cost: $ Statement of Need: My recommendation for sole source is based upon an objective review of the product/service being required and appears to be in the best interest of the City. I know of no conflict of interest on my part or involved in any way with this request. No gratuities, favors or compromising actions have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers to exist. Sole Source Justification: Mark those that apply. ❑ 1. Sole source request is for the original manufacturer or provider; there are no regional distributors. (Attach the manufacturers written certification that no regional distributors exist. Item 4 must also be checked). ❑ 2. Sole source request is for the only area distributor of the original manufacturer or provider. (Attach the manufacturers -not the distributors - written certification that identifies all regional distributors. Item 4 also must be checked). ❑ 3. The parts/equipment are not interchangeable with similar parts of another manufacturer. (Explain in separate memorandum and attach). ❑ 4. This is the only known item or service that will meet the specialized needs of this department or perform the intended function. (Attach memorandum with details of specialized function or application). ❑ 5. The parts/equipment are required from this source to permit standardization. (Attach memorandum describing the basis for the standardization request). ❑ 6. None of the above applies. A detailed explanation and justification for this sole source request is contained in the attached memorandum. Division Head Signature: Date: Department Head Signature: Date: Comments: Finance Approval: Date: Cn"+horn .S'awar FnninmPnt .S'alPc QUOTE 3409 Industrial 27th Street NAME/ADDRESS NUMBER 13770E Fort Pierce, FL 34946 DATE CITY OF EDGEWATER 1-800-782-4134 1/4/2023 FINANCE DEPARTMENT P.O. BOX 100 info@southernsewer.com EDGEWATER, FL 32132-0100 SALESMAN P.O.#/REQ.# Ship To CITY OF EDGEWATER BS 409 MANGO TREE DRIVE EDGEWATER, FL. 32132 TERMS PHONE # NET 10 DAYS ATTENTION BOB ISIMONE PLEASE REFER TO QUOTE NUMBER WHEN PLACING ORDER QTY ITEM DESCRIPTION EACH Total 0 MILEAGE DATE/TIME:01/04/2023 1.57 0.00 VAC-CON:06146865 MODEL # V390LHAG INSERVICE DATE: 07/14 FAILURE DATE: 12/16/2022 UNIT #: MILEAGE IN: 12145 MILEAGE OUT: PONY MOTOR: 302.0 CHASSIS HOURS: VIN #:1NKBHJ8X4FJ438871 GIANT 50@3000 7145 MECHANI... VAC -CON LEVEL 3+ REFURB REPAIR QUOTE 0.00 0.00 1 DETAIL WASHING AND DETAILING OF TRUCK 800.00 800.00 1 DOT INSP... DOT INSPECTION 300.00 300.00 1 INSPECTI... SERVICE INSPECTION ON VAC -CON EQUIPMENT. 500.00 500.00 1 690-1826 SEAL - 59" ( I FOR INLET) 110.29 110.29 2 690-1827 SEAL 45" - (2 FOR OUTLET SEALS) 84.17 168.34 1 690-1938 IN/OUT ADAPTER FILLER 10" 141.18 141.18 1 690-1179 REAR DOOR SEAL 5-16 YARD (371bs) 339.07 339.07 1 670-30547 VACUUM BREAKER DOOR RETRO KIT 461.07 461.07 LHA SEAL ... 3 690-0025 GASKET 8" 6.13 18.39 1 810-0567 BOOM O'RING 8" (26.875" LONG WHEN CUT) 25.73 25.73 1 810-15011 FLAT BOOM SEAL 8" 60.64 60.64 1 690-1286 GASKET WITH HOLES 8" 16.26 16.26 1 810-10153 O RING 9" 29.27 29.27 Total PRICES ARE SUBJECT TO CHANGE FREIGHT NOT INCLUDED IN PRICING CREDIT CARD PAYMENTS WILL NOT BE ACCEPTED ON INVOICES OVER $7500 A 25% RESTOCK WILL BE CHARGED ON ALL RETURNED ITEMS. Page 1 Cn"+horn .S'awar FnninmPnt .S'alPc QUOTE 3409 Industrial 27th Street NAME/ADDRESS NUMBER 13770E Fort Pierce, FL 34946 DATE CITY OF EDGEWATER 1-800-782-4134 1/4/2023 FINANCE DEPARTMENT P.O. BOX 100 info@southernsewer.com EDGEWATER, FL 32132-0100 SALESMAN P.O.#/REQ.# Ship To CITY OF EDGEWATER BS 409 MANGO TREE DRIVE EDGEWATER, FL. 32132 TERMS PHONE # NET 10 DAYS ATTENTION BOB ISIMONE PLEASE REFER TO QUOTE NUMBER WHEN PLACING ORDER QTY ITEM DESCRIPTION EACH Total 1 810-15012 SEAL 9" 75.34 75.34 690-1285 GASKET WITH HOLES, 9" 17.82 17.82 1 690-1284 10" GASKET FOR FIXED TUBE WELDMENT (FOR 800-4498) 17.99 17.99 BOOM TUBE SEAL KIT (LHA) 261.44 1 810-0080 WEAR PLATE 5-14 YARD UNITS 425.72 425.72 89 lbs. Class 60 15 680-0001 KANAFLEX - 8" X 1 FOOT 68.00 1,020.00 6 680-0016 POWER CLAMP, 8" FOR KANAFLEX HOSE 2.8 LBS 23.68 142.08 MUD FLAP... MUD FLAP, 3/8" PROFLEX RUBBER-70% RECYCLED 26.86 26.86 3 800-0097 8" ADAPTER 126.86 380.58 1 810-1499 WATER PUMP STRAINER FILTER 176.53 176.53 1 680-0384 LID GASKET 10.21 10.21 2 624-0023 STRAINER / HYD SUCTION 64.58 129.16 1 810-31085 GASKET 20.26 20.26 50 HYD OIL 32 HYDRAULIC OIL / AW 32 19.29 964.50 20 OIL 5W-20 OIL 5W 20 FOR FORD V 10 12.44 248.80 1 650-1864 OIL FILTER FORD 20.03 20.03 1 650-1250 OUTER AIR FILTER 98.45 98.45 1 650-1863 FUEL FILTER FORD V-10 (FG-986B) 28.85 28.85 1 650-1251 INNER AIR FILTER, 4 CYL. DEUTZ 72.00 72.00 USE WITH 650-1250 4 690-0041 GREASE CARTRIDGE (SHC100) MOBILITH FOR VAC -CON VACUUM 18.89 75.56 COMPRESSOR BEARINGS 3 GIANT OIL GALLON/OIL - GIANT RECOMMENDED GP7150, GP7155A, GP7255 65.00 195.00 2 662-0205 1" CARBON BALL VALVE WITH HANDLE 188.28 376.56 1 662-0094 1/4" BALL VALVE 45.96 45.96 1 662-0328 BALL VALVE NPTF -#8SAE 7250 PSI (MAY NEED 2 OF 621-0082 #8SAE 75.24 75.24 X #8JIC 90 DEG) 662-0413 HANDLE FOR THID BALL VALVE. 1 662-0006 3/4" BALL VALVE (662-0296) 122.36 122.36 Total PRICES ARE SUBJECT TO CHANGE FREIGHT NOT INCLUDED IN PRICING CREDIT CARD PAYMENTS WILL NOT BE ACCEPTED ON INVOICES OVER $7500 A 25% RESTOCK WILL BE CHARGED ON ALL RETURNED ITEMS. Page 2 Cn"+horn .S'awar FnninmPnt .S'alPc QUOTE 3409 Industrial 27th Street NAME/ADDRESS NUMBER 13770E Fort Pierce, FL 34946 DATE CITY OF EDGEWATER 1-800-782-4134 1/4/2023 FINANCE DEPARTMENT P.O. BOX 100 info@southernsewer.com EDGEWATER, FL 32132-0100 SALESMAN P.O.#/REQ.# Ship To CITY OF EDGEWATER BS 409 MANGO TREE DRIVE EDGEWATER, FL. 32132 TERMS PHONE # NET 10 DAYS ATTENTION BOB ISIMONE PLEASE REFER TO QUOTE NUMBER WHEN PLACING ORDER QTY ITEM DESCRIPTION EACH Total 1 623-0918 VARIABLE WATER FLOW CONTROL VALVE/HOSE REEL PANEL 79.39 79.39 1 621-0703 90 DEG. SUPER SWIVEL FOR HANDGUN HOSE REEL 157.98 157.98 1 661-1406 PACKING, GP7145A GIANT WATER PUMP 382.30 382.30 1 692-2309 WATER SYSTEM DECAL 3.32 3.32 1 692-3372 DECAL - NON GREASABLE UJOINT, CHANGE AFTER 1200 HOURS OF 5.47 5.47 USE 1 692-3621 LUBRICATION CHART FAN UNITS 12.24 12.24 1 692-4049 DECAL- VACUUM OPERATION-1500 RPM 8.37 8.37 1 692-4070 CAUTION STICKER 8.87 8.87 1 692-520402 TRIPING PACKAGE -MODULE DARK BLUE 881.12 881.12 1 692-6301 DECAL KIT Hose reel decal package 39.69 39.69 1 692-6926 DECAL KIT - Telescopic Boom 7.44 7.44 1 692-7051 DECAL KIT Fan vacuum decal package 24.13 24.13 1 692-7401 DECAL KIT Water pump decal package 12.28 12.28 1 692-7702 AUXILIARY ENGINE DECAL PACKAGE 12.93 12.93 1 692-8003 DEBRIS TANK DECAL PACKAGE 88.84 88.84 1 663-0002 ROTARY UNION 6 LBS 447.18 447.18 1 644-0008 BEARING PILLOW BLOCK 668.33 668.33 1 644-0009 FLANGE BEARING 4-BOLT, OUTER 332.67 332.67 1 644-0010 FLANGE BEARING 4-BOLT, INNER 587.14 587.14 2 644-0188 INNER BEARING FOR AUX. MOTOR SHAFT 342.46 684.92 1 800-54191 TUNGSTEN BOOM ELBOW FOR THE 800-6173 4,680.00 4,680.00 15 680-0002HD LAYFLAT HOSE /PER FOOT- HEAVY DUTY GREY (6") 4.20 63.00 1 680-0029 25' FILL HOSE 155.03 155.03 2 663-0123 INLET STRAINER HOSE, 90 DEGREE 46.39 92.78 2 810-2095 INNER SPRING, 2.5"-FOR 663-0123 INLET STRAINER HOSE 40.33 80.66 1 661-1507 VALVE KIT, GIANT WATER PUMP - 7145, 7255 1,672.86 1,672.86 1 662-0202 MAIN RELIEF VALVE (BAIRD) 3,000 PSI 665.79 665.79 Total PRICES ARE SUBJECT TO CHANGE FREIGHT NOT INCLUDED IN PRICING CREDIT CARD PAYMENTS WILL NOT BE ACCEPTED ON INVOICES OVER $7500 A 25% RESTOCK WILL BE CHARGED ON ALL RETURNED ITEMS. Page 3 Cn"+horn .S'awar FnninmPnt .S'alPc QUOTE 3409 Industrial 27th Street NAME/ADDRESS NUMBER 13770E Fort Pierce, FL 34946 DATE CITY OF EDGEWATER 1-800-782-4134 1/4/2023 FINANCE DEPARTMENT P.O. BOX 100 info@southernsewer.com EDGEWATER, FL 32132-0100 SALESMAN P.O.#/REQ.# Ship To CITY OF EDGEWATER BS 409 MANGO TREE DRIVE EDGEWATER, FL. 32132 TERMS PHONE # NET 10 DAYS ATTENTION BOB ISIMONE PLEASE REFER TO QUOTE NUMBER WHEN PLACING ORDER QTY ITEM DESCRIPTION EACH Total 1 662-0053 RELIEF VALVE FOR HAND GUN 167.45 167.45 1 711-14516S3 VACUUM COMPRESSOR ASSY - SHIPPING ORDER 29,633.19 29,633.19 1 661-1396 FLUID HEAD 5,382.30 5,382.30 3 661-1527 PLUNGER PIPE GP7145 656.83 1,970.49 1 661-1405 OIL SEAL KIT FOR7255 GIANT WATER PUMP 372.83 372.83 1 640-0042 6 EGR. POWERBAND BELT - 1250 577.59 577.59 1 4630-075M... SEWER CLEANING HOSE, 3/4", 3,000 PSI X 600' (180 LBS)664-0242C 1,972.00 1,972.00 1 LEADERN... 512GI20CC00 - LEADER HOSE, 3,000 PSI 3/4" X 10' 125.00 125.00 1 4640-08-20... SEWER CLEANING HOSE, 1/2", 4,000 PSI X 200'-COBRA 600.00 600.00 1 645-300091... DRIVELINE SLP 1410FL 1410FL 3.5 30.50 1,117.99 1,117.99 1 711-55606 DRIVELINE INSTALLATION RETROFIT 52.82 52.82 1 PAINT SANDBLAST AND PAINT WHITE N0006EX W/ BLUE STRIPES 16,000.00 16,000.00 ACCORDING TO SER #06146865 120 LABOR LABOR BY SOUTHERN SEWER: ESTIMATED 140.00 16,800.00 FREIGHT SHIPPING ESTIMATED. 3,000.00 3,000.00 SUBTOTAL 97,362.49 ADDITION... ****** BELOW ARE ADDITIONAL ITEMS THAT WERE FOUND DURING 0.00 0.00 THE INSPECTION NEEDING TO BE REPLACED. *** 1 663-0004 MALE PLUG 1/2" NPT FOR 663-0003 COUPLER 9.08 9.08 1 663-0003 FEM. COUPLER FOR 663-0004, 1/2" NPTF 33.96 33.96 1 HOSE HAN... HOSE HANDGUN 50 FEET 300.00 300.00 1 663-0018 HYDRANT HOSE ADAPTER FEM. 73.71 73.71 2 680-0025AP 2.5 " CLAMP PART # 088009 9.54 19.08 12 664-0013 SIGHT GAUGE HOSE/PER FT. 1.10 13.20 1 690-1565 FLOAT BALL FOR WATER TANK SIGHT TUBE/RED 0.21 0.21 Total PRICES ARE SUBJECT TO CHANGE FREIGHT NOT INCLUDED IN PRICING CREDIT CARD PAYMENTS WILL NOT BE ACCEPTED ON INVOICES OVER $7500 A 25% RESTOCK WILL BE CHARGED ON ALL RETURNED ITEMS. Page 4 Cn"+horn .S'awar FnninmPnt .S'alPc QUOTE 3409 Industrial 27th Street NAME/ADDRESS NUMBER 13770E Fort Pierce, FL 34946 DATE CITY OF EDGEWATER 1-800-782-4134 1/4/2023 FINANCE DEPARTMENT P.O. BOX 100 info@southernsewer.com EDGEWATER, FL 32132-0100 SALESMAN P.O.#/REQ.# Ship To CITY OF EDGEWATER BS 409 MANGO TREE DRIVE EDGEWATER, FL. 32132 TERMS PHONE # NET 10 DAYS ATTENTION BOB ISIMONE PLEASE REFER TO QUOTE NUMBER WHEN PLACING ORDER QTY ITEM DESCRIPTION EACH Total 2 690-1564 FLOAT BALL FOR WATER TANK SIGHT TUBE/YELLOW 0.22 0.44 15 664-0060 1" CLEAR VINYL HOSE/PER FOOT 4.36 65.40 1 640-0020 POWER BAND BELT 126.82 126.82 1 711-0693GD END COVER ASSEMBLY 431.71 431.71 1 690-0126 LATCH (LESS HOOK) (MAY NEED 605-0138 SNAPPER PIN) 102.79 102.79 1 800-4814 BOOM TIE DOWN CLAMP 38-1/2" LONG 160.62 160.62 1 605-0138 SAFETY SNAP PIN 8.87 8.87 1 663-0083 3" CAMLOCK - PART A 24.95 24.95 1 663-0081 3" CAMLOCK COVER 34.96 34.96 1 690-1770 SEALED CAM ROLLER BEARING 56.25 56.25 1 711-21703C... FLOAT ARM ASSEMBLY 3-14 YARD UNITS (REPLACES 711-0238) 441.28 441.28 1 633-1932 LED ARROW BOARD WITH 50FT CABLE 965.75 965.75 1 631-0001 JOYSTICK 264.41 264.41 2 631-0002 CONTACT BLOCK FOR 631-0001 JOYSTICK (TAKES 2) 60.15 120.30 2 631-0052 MOMENTARY SWITCH 16.15 32.30 6 631-0100 COVER -TOGGLE SWITCH BOOT 3.22 19.32 1 631-0192 9 PIN RECEPTACLE FOR PENDANT CONTROL (755-1536) ROUND 21.95 21.95 PIN/NEW STYLE 1 642-0058 ART. CHAIN, 67" LONG, SGL. 50 102.53 102.53 1 642-0005 MASTER LINK, SGL. 50 3.28 3.28 1 620-0002 VACUUM BREAKER & DEBRIS TANK DOOR CYLINDER 213.27 213.27 1 610-0074 BREATHER FOR 620-0002/620-0187 11.52 11.52 1 624-0261 HYDRAULIC FILTER, CENTER DECK LOCATION 99.98 99.98 2 624-0272 HYDRAULIC FILTER @ BUMPER 5 MICRON 191.26 382.52 1 624-0468 FILTER FOR LINDE 165CC PUMP 622-0639 376.57 376.57 2 623-0035 KNOB - CROSS FOR 623-0003 15.64 31.28 1 665-0004 TYGER TAIL 45.00 45.00 2 680-0015 QUICK CLAMP, 8" FOR ALUMINUM VAC -CON TUBES 3.5 LBS 39.78 79.56 1 680-0010 HANDGUN PRESSURE WAND 3.5 LBS 269.81 269.81 Total PRICES ARE SUBJECT TO CHANGE FREIGHT NOT INCLUDED IN PRICING CREDIT CARD PAYMENTS WILL NOT BE ACCEPTED ON INVOICES OVER $7500 A 25% RESTOCK WILL BE CHARGED ON ALL RETURNED ITEMS. Page 5 Southern Sewer Equipment Sales QUOTE 3409 Industrial 27th Street NAME/ADDRESS NUMBER 13770E Fort Pierce, FL 34946 DATE CITY OF EDGEWATER 1-800-782-4134 1/4/2023 FINANCE DEPARTMENT P.O. BOX 100 info@southernsewer.com EDGEWATER, FL 32132-0100 SALESMAN P.O.#/REQ.# Ship To CITY OF EDGEWATER BS 409 MANGO TREE DRIVE EDGEWATER, FL. 32132 TERMS I PHONE # NET 10 DAYS I I ATTENTION I BOB ISIMONE PLEASE REFER TO QUOTE NUMBER WHEN PLACING ORDER QTY ITEM DESCRIPTION EACH Total 1 680-0031 TIP FOR 680-0010 HANDGUN 41.07 41.07 4 664-0060 1" CLEAR VINYL HOSE/PER FOOT 4.36 17.44 1 644-0325 BOOM ROTATOR ASSY 2,089.84 2,089.84 MAY NEED 800-50685 2 800-9535 DEBRIS TANK SCREEN / ROUND 918.74 1,837.48 1 800-7979 INLET WELDMENT 3,212.89 3,212.89 1 711-0296 CYCLONE SEP COVER ASSY 256.40 256.40 1 630-3003 WIRE HARNESS / CONTROL PANEL CONNECTOR A TO ALL SWITCHES 526.60 526.60 AND GAUGES 1 630-3205 LOWER MAIN HARNESS 05 2,316.18 2,316.18 1 670-1898 HARNESS CONVERSION 630-3609 TO 630-3601 404.77 404.77 1 670-1899 HARNESS CONVERSION 630-3409 TO 630-3406 1,373.96 1,373.96 1 800-54191 TUNGSTEN BOOM ELBOW FOR THE 800-6173 4,680.00 4,680.00 1 711-7025 8 FT STORAGE BOX ASSEMBLY, NEW STYLE- RC INDUSTRIES. 5,444.27 5,444.27 1 711-7024 TOOL BOX ASSEMBLY - DRIVER SIDE 1,486.00 1,486.00 1 711-7050 TOOL BOX ASSEMBLY - PASSENGER SIDE 1,485.00 1,485.00 1 800-0065 8" X 6 1/2' ALUMINUM CATCH BASIN NOZZLE WELDMENT 350.84 350.84 1 800-0089 ALUMINUM EXTENSION TUBE/ VAC -CON 6' 278.53 278.53 1 800-0064 8" X 5' ALUMINUM EXTENSION TUBE 247.80 247.80 1 800-0063 8" X 3' ALUMINUM EXTENSION TUBE 207.61 207.61 1 MISC. FITTINGS AND HOSES 1,000.00 1,000.00 1 MISC. SHOP SUPPLIES 140.00 140.00 105 LABOR LABOR BY SOUTHERN SEWER: ESTIMATED 125.00 13,125.00 SUBTOTAL 45,464.36 NOTE OTHER PARTS AND REPAIRS MAY BE FOUND WHEN DISMANTLED. 0.00 0.00 IF OTHER NEEDED REPAIRS ARE FOUND ON YOUR EQUIPMENT, YOU WILL BE NOTIFIED AS SOON AS POSSIBLE. THIS IS NOT A COMPREHENSIVE LIST. UPON REVIEWNG THIS QUOTE, IF THERE ARE ANY QUESTIONS, PLEASE CONTACT US AT 1-800-782-4134. Total $142,826.85 PRICES ARE SUBJECT TO CHANGE FREIGHT NOT INCLUDED IN PRICING CREDIT CARD PAYMENTS WILL NOT BE ACCEPTED ON INVOICES OVER $7500 A 25% RESTOCK WILL BE CHARGED ON ALL RETURNED ITEMS. Page 6 From: Bob Iasimone To: Randy Coslow; Jeffrey Thurman Subject: FW: vac truck rental Date: Thursday, May 11, 2023 2:04:32 PM Quote from Great Southern Equipment, No guaranty on Availability at time we requested. Robert lasimone Fleet Superintendent City of Edgewater 386-424-2400 Ext 4091 From: Tommy Marks [mailto:tommym@recoequip.com] Sent: Thursday, May 11, 2023 1:56 PM To: Bob Iasimone Subject: Re: vac truck rental Sorry for the delay our vacall 1215, which is 12 yard debris tank 12,500 per month. Thank you! Tommy Marks Territory Sales Manager Great Southern Equipment, LLC 1301 Central Florida PKWY Orlando, FL 32837 M: 407-709-8775 E: tommym@gsequipment.net www.gsequipment.net On May 8, 2023, at 1:42 PM, Bob Iasimone <biasimone@cityofedgewater.org> wrote: Good Afternoon, Requesting quote for Combination Sewer Cleaner Rental from July 1 to November 1 . Thankyou Robert Iasimone Fleet Superintendent City of Edgewater 386-424-2400 Ext 4091 This e-mail and any files transmitted with it are the property of RECO Equipment, Inc., are confidential and are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or otherwise have reason to believe that you have received this message in error, please notify the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. From: Bob Iasimone To: Randy Coslow Subject: FW: 900 ECO Rental Date: Monday, May 08, 2023 10:26:54 AM Attachments: ROCK NEW ACCOUNT TERMS & CONDITIONS - REV FEB2022 - FILLABLE.odf From: Gibbons Terwilliger [mailto:gibbons@jet-vac.com] Sent: Thursday, May 04, 2023 11:10 AM To: Bob Iasimone Cc: Ricky Debusk; Jamie Williams; Rock Equipment Rentals Subject: 900 ECO Rental :•• Good morning. As per our conversation, you are interested in renting a 900 ECO Combo unit. Our Daily, Weekly, and Monthly rates are below. Unit Sewer Equipment 900-ECO (12 YD) Daily: $1,146 Weekly: $4,583 Monthly: $13,750 Since you have not rented from Rock before, you will need to be set up in the system. Please fill out the packet and submit it to Rock. They are CC'd on this email. Thank you Gibbons Terwilliger I Rental Coordinator 5500 South Cobb Dr. Bldg 200 Ste. 210 Atlanta, GA 30339 0- 470-867-8535 C- 470-506-0087 gibbons jet-vac.com JnVA BEST OUR STANDARD ffipgPower' Utility Equipment 8040 Phillips Hwy Jacksonville, FL 32256 Ph: (772) 453-4480 January 30, 2023 City of Edgewater - Robert lasimone Machine Qty Daily Weekly Monthly Vac -Con Combo Sewer Cleaner 1 $ 1,667.00 $ 5,000.00 $ 15,000.00 Estimated Rental Amount .................. Delivery.......................................... Environmental Recovery Fee (2%)....... Fire Theft and Vandalism (14%).......... Cat Access Processing (.5%).......... FL Sales Tax ()...................... Surtax varies by county and is not included in quote. $ 1,667.00 $ 5,000.00 $ 15,000.00 TBD TBD TBD $ 33.34 $ 100.00 $ 300.00 $ 1,700.34 $ 5,100.00 $ 15,300.00 Quote is valid for 30 days from date issued. Additional fees and charges such as overtime and customer damage may apply. FTV and Sales tax will be waived if exemption certificates are submitted. Month is based on a 28 day billing cycle. Please note there is a one month minimum on utility equipment. Machines will be delivered with a full tank of fuel. An additional per gallon re -fueling fee applies to machines returned without a full tank. Please contact me if you have any questions about the information listed above. Thank You, Royal Hendrix Ring Power Utilities City of Edgewater EDGEWATER Legislation Text File #: AR-2023-227, Version: 1 COUNCIL AGENDA ITEM SUBJECT: 104 N. Riverside Drive Edgewater, FL 32132 Amending Section 14 Citizen Complaints of the CDBG-DR Grant from DEO for the Hart Avenue Drainage and Water Main Improvements Project DEPARTMENT: Environmental Services SUMMARY: The City entered the Community Development Block Grant Disaster Recovery (CDBG-DR) grant number IR- 004 from the Florida Department of Economic Opportunity (DEO) to construct the Hart Avenue Drainage and Water Main Improvements project now under construction. DEO recently updated language in Section 14 of the subject grant agreement regarding Citizen Complaints and is requiring the City to amend the agreement to implement the updated language. The change in language clarifies the sequence of government agencies which an aggrieved resident must submit to and appeal the decisions thereof. Namely, the complaint must first be made to the City, requiring a response from the City within 15 business days, then in writing (email or postal mail) to DEO, then in writing to US Department of Housing and Urban Development (HUD). This is merely a clarification of language and has no impact on the construction nor of the availability of funds through the grant. Upon execution, this will be amendment #2 to the agreement. Amendment #1 was executed in 2022 to extend the agreement until November 2023. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve the amendment and authorize the Mayor to sign the required document. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B242S586-7A13-4A26-8662-2CC7ASDF3FCF DEO Agreement No.: IR004 State of Florida Department of Economic Opportunity Federally -Funded Community Development Block Grant Disaster Recovery (CDBG-DR) Infrastructure Repair Program Sularecipient Agreement THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportututy, (liereinaftet referred to as 'VEO') and City of Edgewater, Florida hereinafter referred to as the "Subrccipient" (each individually a "Party" and collectively "the Parries"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS, pursuant to Public Law (P.L.) P.L. 115-123 Bipartisan Budget Act of 2019, P1. 115- 56, the "Continuing Appropriations Act, 2018" and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 „ and the `Allocations, Common Application, Waivers, and Alternatwe Requirements for Community Development Block Grant - Disaster Recovery Grantees", 83 Federal Register No_ 28 (February 9, 2018) ,83 Federal Register No. 157 (August 14, 2018); (hereinafter collectively referred to as the "Federal Register Guidance"), the U_S. Department of Housing and Urban Development (hereinafter referred to as "HUD") has awarded Comrnur* Development Block Grant - Disaster Recovery (CDBG-DR) funds to DEO for activities authorized under Tide I of the Housing and Community Development Act of 1974 (42 United States Code (U.S.C,) 5301 el seq.) and described in the State of Florida Action Plan for Disaster Recovery 2413 (hereinafter referred to as the "Action Plan"). WHEREAS, C-DBG-DR funds made available for use by the Subreripicnt under tivs Agreement constitute a subaward of DSO's Federal award, the use of which must be in accordance with requirements imposed by .Federal sratutes, regulations and the terms and conditions of DSO's Federal award. WHEREAS, the Subrecipitnt has legal authority to enter into this Agreement and by signing this Agreement, the Subrccipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. WHEREAS, the aggregate use of CDBG-DR funds shall principally benefit low- and moderate - income persons in a manner that ensures at least 70 percent of the grant amount awarded under this Agreement is expended for activities that benefit such persons. NOW THEREFORE, DEO and the Subrecipicnt agree to the following: (1) Scope of Work The Scope of Work for this Agreement includes Attachment A, Scope of Wort. With respect to Attachment B, Project Budget, and Attachment C, Activity Work Plan, the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate, Provided Further, if there is a disagreement between the Parties, with respect to DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DecuSlgn Envalope U B242B566-7A19-4A28-8682.2CC7A8t]F3FCF DEO Agreement No.: IR004 the formatting and contents of such attaclunents, then DSO's decisions with respect to same shall prevail, at DEO's sole and absolute discretion. (2) Incorporation of Laws, Rules, Regulations and Policies. The Subrecipient agrees to abide by all applicable State aad Federal laws, rules and regulations, including but not necessarily limited to, die Federal laws and regulations set forth at 24 CFR 570 and the State's Action Plan. (3) Period of Agreement. This Agreement be&s upon execution by both fatties (the "Effective Datc'j and ends twenty-four (24) months after execution by DEO, unless otherwise terminated as provided in this Agreement. DEC] shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to DE in its sole discretion and DEQ's Director of the Division of Community Development approves such extension, (4) Modifications of Agreement. Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. i)h O may accept or reject any proposed modification based on DSO's sole deternvnation and absolute discretion, that any such acceptance or rejection is in the Staten's best interest. (5) Records. (a) The Subrecipient's performance under this Agreement shall be subject to 2 C.F.R. part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. (b) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, and representatives of die Federal government and their duly authorized represenrntives shall have access to any of the 5ubrecipient's books, documents, papers and records, including electronic storage media, as they may relate to this Agreement, fur the purposes of conducting audits or examinations or malting excerpts or transcriptions. (c) The Subrecipient shall maintain books, records and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance audits in accordance with Paragraph (6), Audit Requirements and Attachments J and K herein and ensure that allrelated party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients, contractors, subcontractors and consultants paid from funds under dtis Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570,502(a)(7)(ii). The Subrecipient shag further ensure that audit working papers axe available upon request for a period of six (6) years from the date DEC) issues the final closeout of this Agreement, unless extended in writing by DEO. The six -year period may be extended for ehe following reasons: 1, Litigation, claim or audit initiated before the six -year period expires or extends beyond the six -year period, in which case the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six (6) years after final disposition. 3, Records relating to real property acquired shall be retained for six (6) years after the closing on the transfer of title. (0 The Subrecipient shall maintain all records and supporting documentation for tine Subrecipient and for all contractors, subcontractors and consultants paid from funds provided under this 2 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B2428586-7Ai3-4A28-a6a2-2CC7A&DF3FCF DEC] Agreement No.: IR004 Agreement, including documentation of all program costs in a fornh sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. (g) The Subrecipient shall either (i) maintain: all funds provided under this Agreement in a sep.trate bank account or (ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from 0-xis Agreement. Provided further, Char the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds, projects of programs. DEO may, in its sole discretion, disallow costs made with commingled funds and require reimbursement for such costs as described herein, Subparagraph (21)(e), Repayments. (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Goverrunent Accountability or representatives of the Federal government or their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (6) Audit Requirements (a) The Subrecipient shall conduct a single or program -specific audit in accotdance widi the provisions of 2 C.F.R_ part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. (b) Within sixty (60) calendar days of the close of DEQ's fiscal year, on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification to tit deo. ri and DEO's grant manager; a blank version of which ,s attached hereto as Attachment K. The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable Fiscal year will fulU this requirement within all agreements (e.g,, contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. (c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the Subreapient shall send an electronic copy of its audit report to DE,O's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-DR subgrant. (d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives, including but not lirriited to the pertinent Report Submissions provisions of 2 C.F.R 200.512, when such provisions are applicable to this Agreement (7) Reports. The Subtecipient shall provide DEO with all reports and information set forth in Attachment G, Reports. The monthly repotts and administrative closeout reports must include the current status and progress of the Subrecipient and all subcontractors in completing the work described in tlhe Scope of Work and the expenditure of funds under this Agreement. Upon request by DEO, the Subrecipient shall provide additional program updates or information. Hall required reports and copies ate not sent to DEQ or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are properly completed. DEO may also take other action as stated in Paragraph (12) Remedies or otherwise allowable by law, (8) Inspections and Monitoring (a) The Subrecipient shall permit DEO and auditors to have access to the Subrecipienes records and financial statements as necessary for DEO to meet the requirements of 2 C.F.R. part 200. DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 ❑❑cu$ign Envelope If]: 132425586-7A13-4A26-0682 2Cr-7ABDF3FCF DEO Agreement No- IR004 (b) The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes in compliance with Federal statutes, regulations and the terms and conditions of this agreement. (e) This review must include: (1) reviewing financial and performance reports required by DEO, (2) hollowing -up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO as detected through audits, on -site reviews and other means and (3) issuing a management derision for audit Findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 C.F,R. §200 521. (d) Corrective Actions: DEO may issue management decisions and may consider talring enforcement actions if noncompliance is detected doting audits. DEO may require the Subrecipient to take timely and appropriate action on aH deficiencies pertaining to the Federal award provided to the Subrecipient from the pass -through entity as detected through audits, on -site reviews and other means. In response to audit deficiencies or other findings of noncompliance widi this agreement: Grantee may impose additional conditions on the use of the CDBG-DR funds to ensure future compliance or provide trauunig and technical assistance as needed to correct noncompliance_ (9) Duplication of Benefits. The Subrecipient shall not carry out any of the aetivides under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T_ Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.&C. 5155 tt .req.) and described in Appropriations ,Acts. The Subrecipient must comply with HUD°s requirements for duplication of benefits, imposed by the Federal Register Guidance. The Subrecipient shalh carry out the activities under this Agreement in compliance with DEO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement (See Attachment (10) Liability. (a) If the: Subrecipient is a state agency or subdivision, as defined in Section 768.28(2), F,S., pursuant to Section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Parry's negligence. (b) 1'he Subrecipient further agrees to assume sole responsibility, training and oversight of the parties it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes. The subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by tlutd parties under this Agreement. Nothing herein small be construed as consent by the Subrecipient to be sued by third patties in any matter arising out of any agreement, contract or subcontract. (c) If the Subrecipient is a state agency or subdivision, as defined in Section 768.28, F,S., then the Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which result in claims or suits against DE0. The subrecipie.nt agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by thkd patties in any matter arising out of any agreement, contract or subcontract, (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient, (11) Everits of Default. If any of the following events occur ("Events of Default"), DEO may, in its sole and absolute discretion, elect to terminate any obligation to matte any further payment of funds, exercise any of the remedies set forth in Paragraph (12) Remedies or pursue any remedy at law or in equity, without limitation- 4 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 Ducu$ign Envelope IQ: 02428586-7Ai34A28-6882-2CC7A$pF3FCF DEO Agreement No.: IR004 (a) Any warranty or representation is made by the Subrecipient, in this Agreement or any previous agreement with DEO, is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with DEO, and/or has not cured them in timely fashion and/or is unable or unwifling to meet its obligations under this Agzeejn.ent and/or as required by statute, rule, or regulation; (b) Any material adverse change occurs in the financial condition of the Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty (30) calendar days from the date written notice is sent by DEO; (c) The Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete or insufficient information or fails to submit additional information as requested by DEO; (d) The Subrecipient fails to perform or timely complete any of its obligations under tl-ds Agreement, including participating in DEO's Implementation Workshop, The Parties agree that is the event DEO elects to make payments or partial payments after any Events of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment, (e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other siurular cause wholly beyond the Paxty's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party°s performance obligation under this Agreement. If rise delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Subrecipient could reasonably foresee that a delay could occur as a result or (2) within five (5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALT. CONSTITUTE SCIBRECIPZENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim for damages, other than an extension of time, shall be asserted against DEO, Subrecipient shall not be entitled to an increase in the Agreement price or payment ofany kirxd from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs ofacceleration or inefficiency arising because of delay, disruption, interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State, in which case, DEQ may do any or all of the following (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement in whole or in part. DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 Oocu$ign Envelope ID: B2426566-7A73-4A28-8682.2CC7A8pF3FCF DEO Agreement No.: IR004 (12) Remedies. If an went of Default occurs, DEO shall provide thirty (30) calendar days written notice to the Subrecipient and if die Subrecipient fails to cure within those thirty (30) calendar days DEO may choose m exercise one or more of the following remedies, either concurrently or consecutively. (a) Terminate this Agreement upon twenty-four (24) hour written notice by DEO sent in conformity with Paragraph (16) Notice and Contact; (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Demand that the Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law, rule or regulation governing the use of the funds; and (c) Exexcise any corrective or remedial actions, including but not limited to: 1. Requesting additional inforrnation from the Subrecipient to determine the reasons for or the extent of note -compliance or lack of performance; 2. Issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; and/or 3. Advising the Subrecipiert to suspend, discontinue or refrain from incurring costs for any activities in question. Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity Failure to exercise any right or remedy in this Agreement or Failure by DEO to require strict performance does not affect, extend or waive any other right or remedy available or affect the later exercise of the same rigor or remedy by DEO for any other default by the Subrecipient- (133) Dispute Resolution. DEO shall decide disputes concerning the performance of the Agreement, document dispute decisions in writing and serve a copy of same on the Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing ,with DEO within twenty- one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120, E.S., is an absolute condition precedent to the Subrecipient's ability to pursue any other form of dispute resolution; provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120,1~.S. (14) Citizen Complaints. The goal of the State is to provide an opportunity to resolve complaints in a timcly maonex, usually within fifteen (15) business days as expected by HUD, if practicable, and to provide the right to participate in tht: process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies. All applications, guidelines and websites will include details on the right ro file a complaint or appeal and the process for filing a complaint or beginning an appeal - Applicants are allowed to appeal program decisions related to one of the following activities: (a) Aprogram eligibility determination (b) A program assistance award calculation and (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Disaster recovery email at _QQ13G- QRRdgo,rnyflorjdR,com or submit by postal mail to the following address: 6 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: 82426586-7A13-4A29-8662-2CC7A8DF3FCF DEO Agreement No.: IR004 Attention: Office of Disaster Recovery Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building, MSC 160 Tallahassee, Florida 32399 The subrecipient will handle citizen complaints by conducting: (a) Investigations as necessary; (b) Resolution;or (c) Follow-up actions. If the complainant is not satisfied by the Subtecipient's dererrnination, then the complainant may file a written appeal by following the instructions issued in the Ietter of response. If, at the conclusion of the appeals process, the complainant has not been satisfied with the response, a formal complaint may then be addressed directly to the DEO at; Department of Economic Opportunity Caldwell Budding, MSC-400 107 E Madison Street Tallahassee, FL 32399 The Florida 0T=o0i8aster Recovery operates in Accordance with the Federal Fair H:,Lising Law (The Fait Housing Amendments Act of 1988). Anyone who feels he or she has been di.scrirtainated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/f,&housing. (15) Termination. (a) DEO may suspend or terminate this Agreement for cause upon twenty-four (24) hour written notice, ftoin the date notice .is sent by DEO. Cause includes, but is not limited to the Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD guidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this ,Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document, paper, letter or othex material subject to disclosure under law, including Chapter 119, F_S., as amended, The reasons for Termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DSO's sole and absolute discretion wide respect to DSO's right to terminate this Agreement. In the event of suspension or termination, the Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b) DEO may unilaterally terminate this .Agreement, in whole or in part, for convenience by providing the Subredpient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date and, in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEQ may terminate die portion of the award which will not accomplish the purpose for which the award was made. The Subrecipient shall continue to Perform any work not terminated. In the event 7 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 ❑oeuSiUn Envelope ID: B242B586.7A13.4A28-8682.2CC7A8DF3FCF DEO Agreement No.: IR004 of termination for convetuence, the Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the termi=ted portion of work. (c) The Parties may terminate this Agreement for their mutual convensence in writing, in the manner agreed upon by the Parties, which must include the effective date of the termination. (d) In the event that tivs Agreement is terminated, the Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date the Subrecipient has received the notification of terminations. The Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after the Subrecipicnt's receipt of the termination notice. The Subrecipient shall not be relieved of liability to DEO because of any breach of the Agreement by th7c Subrecipient_ DEO may, to the extent authodzed by law, withhold payments to the Subrecipient for the purpose of set-off until the exact amount of damages due to DEO from the Subrecipient is determined. (e) Upon expiration or termination of this Agreement the Subrecipient shall transfer to DEO any CDBG-DR funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG-DR funds. (0 Any real property under Subrecipient's control that was acquired or unproved in whole or in part with CDBG-DR funds (including CDBG-DR funds provided to the Subrecipient in the form of a loan) in excess of $25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement, unless otherwise agreed upon by the parties, or except as otherwise set forth hctein; or 2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non,CDBG-DR funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. (g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (16) Notice and Contact.. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, first class or certified mail with return receipt requested, to the representative identified below at the address set forth below or said notification, attached to die original of this Agreement. (b) The name and address of DEQ's Grant Manager for this Agreement is: _Deborah Bcozette 107 E. Madison Street Tallahassee, FL 32399 Office, 850-717-8531 - Deborah.Bo ette deo.m florida,com (c) The name and address of the Local Government Project Contact for this Agreement is: Randy j. Coslow, RE.. PO Box 100, Edgewater, FL (Attn: Environmental Services Dept) 386-424-2400 x4002 _ RCoslow@cityofedgewawr.org DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 ❑ocuSign Envelope ID: B2420586-7A13-4.428-8602-2CC7A$DF3FCF D1.0 .,'Agreement No.: IR004 (d) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in Paragraph (16) above. (17) Contracts. If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions of other changes thereto, must be forwarded to DEO for prior written approval. For each contract, the Subrecipient shall report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 C.F.R. §200,318 - §200.326 when procuring property and services under fts Agreement (refer to Attachment D)_ The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: (a) the period of performance or date of completion; (b) the performance requirements; (d) that the contractor is bound by the terms of this Agreement; (e) that the contractor is bound by allapplicable State and Federal laws, rules, and regulations; (f) that the contractor shall hold DEO and the Subrecipient harmless against AN claims of whatever nature arising out of the contractor's performance of work under this Agreement; (g) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; and (h) the requirements of 2 CFR Appendix lI to Part 200 — Contract Provision for Non -Federal Entity Contract Under Federal Awards — (refer to Attachment L). The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CRFL 570.4890)), pursuant to which CDBG funds must not be provided to excluded or disqual<flcd persons and provisions addressing bid, payment, performance bonds, if applicable, and liquidated damages. The Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of tl-is Agreement. (18) Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained is this Agreement; and this Agreement supersedes all previous understandings. No waiver by DEO may be effective unless made is writing by an authorized DEO official. (19) Attachments. (a) If any inconsistencies or conflict between the language of t:Ws Agreement and the attachments arise, the language of the artachnne.nts shall control, but only to the extent of the conflict or inconsistency. (b)'1'his Agreement contains the following attachments, Attachment A — Scope of Work Attachment B — Project Budget Attachment C — Activity Work Plan Attachment D — Program and Special Conditions 0 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSlon Envelope Ip: B2428586.7A13-4A26-8682-2CC7ABaF3FCF DEO Agreement No.: IR00 4 Attachment E —State and Federal Statutes, Regulations and Policies Attachment F — Civil Rights Compliance Attachment G _ Reports Attachment H — Warranties and Representations Attachment I — Audit Requirements Exhibit 1 to Attachment I — Funding Sources Attachment J — Audit Compliance Certification Attachment IC — SERA Access Authorization Form Attaclune.nt L — 2 CFR Appendix II to Tart 200 Attachment M — Subrogation Agreement (20) Fund! ng/Considetation. (a) The funding for this Agreement shall not exceed One Million Eight Hundred Twenty -One Thousand, Seven Hundred and 'Ihiny-Four dollars ($1,821,734) subject to the availability of funds. The State of Florida and DEO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216, F.S. or the Florida Constitution. (b) DEO will provide funds to the Subrecipient by .issuing a Notice of Subgrant Award/Fund Availability ("NFA' through DEO's financial management information~ system. Each NFA may contain specific terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the NFA. By accepting Funds made available through an NFA, the Subrecipient agrees to comply with all terms, conditions, assurances, restrictions or other instructions listed to the NFA_ (c) By execution of this Agreement, the Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-DR program for which the Subrecipient rcceives funding from DEO. These written administrative procedures, processes and fiscal controls must, at minimum, comply with applicable state and federal law, nil,es, regulations, guidance and the terms of this Agreement. The Subrecipient agrees to comply with all the terms and conditions of Attachment D, Program and Special Conditions. (d) The Subrecipient shall expend funds only for allowable costs and eligible activities, in accordance %with the Scope of Work. (e) The Subrecipient shall request all funds in the manner prescribed by DEO. The authorized signatory for the Subrecipient set Fortli on the SERA Access Authorization Form, Attachment K, to this Agreement, must approve the submission of each Request for Funds ('RFF') an behalf of the Subrecipient. (f) Except as set forth herein, or unless otherwise aud2orized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date: of Ibis Agreement are irieligibk for funding with CDBG-DR funds. (g) if the necessary funds are not available to fund tlhis Agreement as a result of action by the United States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chicr Financial Officer or under Subparagraph (2.2), Mandated Conditions of this Agreement, all obligations on die part of DRO to make any further payment of funds will terminate and the Recipient shall submit its administrative closeout report and subgrant agreement closeout package within thirty (30) calendar days from receipt of notice from DEO. (h)The Subrecipient is ultimately responsible for the administration of this Agreement, including Monitoring and oversight of any person or entity retained or lured by the Subrecipient. (21) Repayments. DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: 524ZB586-7A13-4A28-$582-2CC7ABDF3FCF DEO Agreement No_: IR004 (a) The Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. The Subrecipient shall ensure that its contractors, subcontractors and consultants only expend funding under this Agreement for allowable casts resulting from obligations incurred during the Agreement period. (b) In accordance with Section 215,971, F.S,, die Subrecipient shall -refund to DEO any unobligated funds which have been advanced or paid to the Subrecipienr. (c) The Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions of this Agreement. (d) The Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 C.F.R. 5 570.483(b), (c) and (d), provided, however, the Subrecipient is not required to repay funds for subgrant administration unless DEO, in its sole discretion, determines the Subrecipient is at fault for the ineligibility of theactivity in question. (e) The Subrecipient shal! refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance. (Cln accordance with Scction 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DED a service fee of 115-00 or five percent of the face amount of the returned check or draft, whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of "Department of Economic Opportunity" and matted directly to DEO at the following address. Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street — MSC 400 Tallahassee, Florida 32399-6508 (22) Mandated Conditions, (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a DEO request or in any submission or response to fulfill the requirements of this Agreement. All of said infotmation, representations and materials axe incorporated herein by reference. (b) This Agreement shall be construed undet the laws of the State of Florida and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly waive any right to jury- trial. (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or urienforceabtlity, and that provision shall be severable from and shall not invalidate any ather provision of this Agreement. (d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of thus Agreement (e) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (� The Subrecipient shall comply with all applicable local, state and federal laws, including the Americans With Disabilities Act of 1990, as amended; the Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; Tide V11 of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.G. § 12101 dreg) and laws which prohibit discrimination by public and private entities on in employment, public accommodations, transportation, state and local government services and telecommunications. DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: 8242B5BB-7A13-4A28-8682-2CC7A8DF3FCF DEQ Agree- ment No.: 1R004 (g) pursuant to Section 287.133(2)(a), F.5., a person or affiliate, as defined in Section 287.133(1), F.S., 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 teal 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 thirty-five thousanddollars ($35,000) for a period o f thirty-srx (36) months Following the date of being placed on the convicted vendor list. By executing this Agreement, the Subrecipient represents and warrants that neither it nor any of -its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the convicted vendor Est. (h) Pursuant to Section 297.134(2)(a), F'.5., an entity or affiliate, as defined in Section 287.134(1), who has been placed on the discriminatory vendor list 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 subtt, t 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. By executing this Agreement, the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list_ The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor fist. (i) All bills for fees at other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit theteaf. 0) Any bills for travel expenses shall be- submitted and reimbursed in accordance with Section 12.061, RS,, the rules promulgated thereunder and 2 C.F.R. § 200.474. (k) If the Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall eidher be returned to DEQ or be applied against DEO's obligation to pay the Agreement award amount. 0) The Subrecipient hereby acknowledges that the Subrecipient is subject to Florida's Government in the Su❑sliine Law (Section 286.011, F~ S) with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making tecanunendations to the governing board, The Subrecipient hereby agrees that all such aforementioned meetings shall be publicly noticed, open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119, F.S. (m) The Subrecipient shall comply with section 519 of P_ L_ 101-144, the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990, and section 906 of 1'_L. 101-625, the Cranston -Gonzalez National Affordable Housing Act, 1990, by having or adopting within ninety (90) days of execution of this Agreement, and enforcing, the following. 1. A policy prolxibiting the use of excessive force by law enforcement agencies withn its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically baxring entrance to or exit from a facility or location wlvch is the subject of such non-violent civil rights demonstrations mridiin its jurisdiction. (23) Lobbying Prohibition. (a) No funds of other resources received from DLO under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. 12 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: 8242358E�-7A134A29-968z-2CC7AUDF3FCF DEQ Agreement No., IR004 (b) The Subrecipient certifies, by its signature to this Agreement, that: 1. No Fedexal appropriated funds have been paid or will be paid, by or on behalf of the Subrechpient, to ashy person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and die extcaslon, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid of will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress ox an employee of a Member of Congress in connection with this Federal contract, grant loans or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. The Subrecipicnt shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgranxts and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Paragraph (22), above. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of dies certification is a prerequisite for snaking or entering into this transaction imposed by 31 U_&C. § 1352. Any person who fails to file die required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. (24) Copyright, Patent and Trademark. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reservcd to the State of Florida.. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferted by the Subrecipient to the State of Florida_ (a) If the Subrecipient has a pre-existing patentor copyright, the Subrecipient shall retain all rights and entitlements to that pre-existing patent o.t copyright unless the Agreement provides Otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement or in any way connected with it, the Subrecipient shall refer the discovery or invention to DCO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films or other copyrightable material are produced, the Subrecipient shall notify DELI. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. (c) Within thirty (30) calendar days of execution of dus Agreement, the Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DRO shall have the right to all patents and copyrights which accrue during performance of the Agreement. (25) Legal Authorization. (a) The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized die execution and acceptance of this Agreement. 13 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSi®n Envelope ID: 6242B586-7A13-4A26-8682-2CC7A8DF3FCF DEO Agreement No.: IR004 The Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement_ DEO may, at its discretion, request documentation evidencing the undersigned has authority to bind the Subrecipient to rllis Agreement as of the date of execution; any such documentation is incorporated herein by reference. (b) The Subrecipient warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, investigation or any other legal or financial condition that would in any way prolvbit, restrain or diminish the Subrecipient's ability to satisfy its Agreement obligations. The Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the team of the Agreement. (26) Public Record Responsibilities. (a) In addition to the Subrecipient's responsibility to directly respond to each request it receives for records, in conjunction with this Agreement and to provide the applicable public records in response to such request, die Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to RRe u st Cr c en.mvfl within one (1) business day from receipt of the request. (b) The Subrecipient shall keep and maintain public records required by DHO to perform the Subrecipient's responsibilities hereunder. The Subrecipient shall, upon request from DEC►'s custodian of public records, provide DEO with a copy of the requested records or allow the records to be inspected or copied wid= a reasonable time at a cost that does not exceed the cost provided by Chapter 119, F.S.; or as otherwise provided by law. The Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction widh this Agreement, unless the records are exempt from Article 1, Section 24(a) of the Florida Constitution and Section 119.07(l), F.S. For records made or received by the Subrecipient in conjunction with this Agreement, the Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., the Subrecipient shall be responsible Far providing such public records per die cost structure provided in Chapter 119, RS., and in accordance with all other requkements of Chapter 119, ES., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by the Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with thus Agreement, (d) Ii, for purposes of this Agreement, the Subrecipient is a "contractor" as defined in Section 119.0701(1)(a), F.S. ("Subrecipient-contractor"j, die Subrecipient-contractor shall transfer to DRO, at no cost to DEO, all public records upon completion including termination, of this Agreement Or keep and maintain public records required by DEO to perform the service. If the Subrecipient-contractor transfers all public records to the public agency upon completion of the Agreement, the Subrecipient- contractor shall destroy any duplicate public records that are exempt or confidential and exempt frorn public records disclosure requirements. If the Subrecipient-contractor keeps and maintains public records upon completion of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257, F.S. All records stored electronically must be provided M DBO, upon request from DSO's custodian of public records, in a format that is compatible with the .information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request, DEO shall notify the Subrecipient-contractor of the request as soon as practicable, and the Subtecipient- contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time_ If the Subrecipient-contractor does not comply with DSO's request for records, DEO shall enforce the provisions set forth in this Agreement. A Subrecipient-contractar who Fails to I4 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B242B586.7A13-IA28-6682-2CC7A8DF35CF DRQ Agreement No.: IR004 provide public records to DEO within a reasonable ome. may be subject to penalties under Section 11 9. 1Q, F.S. (0 The Subrecipient shall notify DRO verbally within twenty -Four (24) clronological hours and it) writing within seventy-two (72) chronological hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used, copied or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. The Subrecipient shall cooperate with DEQ, in taking all steps as DEO deems advisable, to prevent misuse, regain possession or otherwise protect the State's rights and the data subject's privacy. (g) The Subrecipient acknowledges that DEC) is subject to the provisions of Chapter 119, F.S., relating to public records and that reports, invoices and other documents the Subrecipient submits to DEO under this Agreement constitute public records under Florida Statutes- The Subrecipient shall cooperate with DEO regarding DEO's efforts to comply with the requirements of Chapter 119, F.S. (h) If the Subrecipient submits records to DEO that are confidential and exempr from public disclosure as trade secrets or proprietary confidential business information, such records should be identified as such by the Subrecipient prior to submittal to DE O. Failure to identify the legal basis for each exemption from the requirements of Chapter 119, F.S., prior to submittal of the record to CEO serves as the Subrccipicut's +waiver of a claim of exemption. The Subrecipient shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements ate not disclosed except as authorized by law for the durations of the agreement term and following completion of the Agreement if the Subrecipient-contractot does not transfer the records to DEO upon completion, including termination, of the Agreement. (i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIEN'T'-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT" THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRRequest deo.tnyflorida.cotn, or by main, at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. 0) To the extent allowable bylaw, the Subrecipient shall be fully liable for die actions of its agents, employees, partners, contractors and subcontractors and shall fully indemnify, defend, and hold harmless the Stage and OE-0, and their officers, agents and employees, from suits„ actions, damages, and costs of every name and description, including attorneys' fccs, arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by die Subrecipient, its agents, employees, partners, contractors or subcontractors, provided, however, that the Subrecipient does not indemnify for that portion of any costs or damages pro cimately caused by the negligent act or omission of the State or DEO. DEO, in its sole discretion, has the right, but not the obligation, to enforce dais indemnification provision. (L) DEO does not endorse any Subrecipient, commodity, or service. Subject to Chapter Subrecipient shall not publicly disseminate any information concerning tivs Agreement without prior written approval from DEO, including, but not limited to, mentioning this Agreement in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any material published, either in print or electronically, to any other entity drat is not a Party to tlus 15 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envalppe ID: B242BSBG-7A73.4AZ8-8682-2CC7A8DF3FCF DRO .Agreement No.: IR004 Agreement, except potential or actual employees, agents, representatives or subcontractors with the professional skills necessary t4 perform the work services required by the Agreement. 0) The Subrecipient shall comply with the requirements set forth in Section 119,0701, F.S_, when entering into any public ',agency contract for services after the Effective Date of this Agreement. The Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which conuact will or may be funded in whole or in part with any public funds. DEO may terminate this Agreement if the Subrecipient does not comply with this provision. (27) Employment Eligibility Verification. (a) Executive Order 11-116, signed May 27, 2011, by die Governor of Florida, xequkes DEO contracts in excess of nominal value to expressly requize the Subrecipicnt to- 1. Utilize the U.S. Department of tomeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subtecipient during the Agreement term; and, 2. Include in all contracts under this Agreement the requirement that contractors, subcontractors, consultants and subrecipients performing work or providing services pursuant to this Agreement use the E-Verify system to verify the employment eligibility of all new employees lvxed by the contractors, Subcontractors, consultants and subreeipients during the term of the contract- (b) The Department of Homeland Security's E-Verify system can be found at: http: / /www. usais,g_ou l o-vcxi fv (c) If the Subxecipient does not have an E-Verify tuxO U w effect, the Subrecipient must enroll in the E-Verify system prior to lii iag any new employee after the effective date of this Agreement- (28) Program Income. (a) The Subrecipient shah! report to DEO all program income (as defined at 24 C.F.R. § 570.500(a) or in the Federal Register Guidance governing the CDBG-DR funds) generated by activities carried out with CDBG-DR funds made available under this Agreement as part of die Subrecipient's Quarterly Progress Report. The Subrecipient shall use progtam income in accordance with the applicable requirements ❑F2 C_F_R, part 200,24 C.F.R part 570.504, and the terms of thus Agreement, (b) Program income generated after closeout shall be returned to DEQ_ Pcogtam income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-DR activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. (29) National Objectives AD activities funded with CDBG-DR funds must meet the criteria for one of the CDBG program's National Objectives. The Subrecipicnt certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria; (a) Benefit to low- and moderate:- income persons; (b) Aid in prevention or elimination of slums or blight; and (c) Meet a need having particular urgency (referred to as urgent nerd), (30) Independent Contractor. (a) In the Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed that the Subrecipient is at all times acting and performing as an 16 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DacuSign Envelope IQ; 6242B586-7A13-4A28-9682-ZCrlA$PF3FCF DEO Agreement No.: IR004 independent contractor_ Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint veriwxe between the Parties. The Subrecipient shall at all tunes remain an independent contractor with respect to the services to be performed under this Agreement. Nod -Ling hi this Agreement shall be construed to create any agency or employment relationship between DFO and the Subrecipient, its employees, subcontractors or agents, Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied, on behalf of die other. (b) The Subrecipient, its officers, agents, employees, subcontractors or assignees, in performance of this Agreement shall actin the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. (c) Subrecipient shall have sole right to control the manner, method and means by wl-dch the services required by dais Agreement are performed. DEO shall not be responsible to hire, supervise or pay 5ubrecipieat's employees_ Neither the Subrecipient, nor its officers, agents, employees, subcontractors or assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) The Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant, joint venturer or partner of the State of Morida. (e) Unless justified by the Subrecipient and agreed to by DEO in the Scope of Work, DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient or its subcontractor or assignee. (0 DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under tivs Agreement. The Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, hcaldi or disability benefits, reemployment assistance benefits or employee benefits of any kind. The Subrecipient shall ensure that its employees, subcontractors and other agents, receive bcrrefits and necessary insurance {ltcaitlt, workers' compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) The Subrecipient, at all times during the Agreement; mast comply with die reporting. and Reemployment Assistance contribution payment requirements of Chapter 443, F.S, (h) DEO shall not be responsible for provide any training to Subrecipient, its employees, assigns, agents, representatives or subcontractors in the professional skills necessary to perform the work services required by the Agmement; DEO may provide training in the form of an Implementation Workshop in keeping with implementation Rem-iiader of this page is inteodonall ,v leaf bhak 17 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B242B586-7A13-4A28-8682-2CC7ABDF3FCF D E 0 Agreement No.: IR004 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials. N. By Title _ Mavor Title Date jL, Date Federal Tax I D # 59-6000314 DUNS # 782080501 DEPARTMENT OF ECONOMIC OPPORocu T 9�BAG7d�4B6... DaneEagle Executive Director 11/2/2020 Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY DOCUSigned by: BY __ ,Jaw�t s �br aln, — 5757EE4917044C9... 10/22/2020 Approved Date: _ _ _ _ _ 18 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 D❑cu5ign Envelopa Ip: B242B586-7A]3-4A28-8682-2CC7AGDFIFCF DEO Agreement No.: IR004 Attachment A — Scope of Work PROJECT DESCRIPTION: The U.S, Department of Housing and Urban Development (HUD) allocated Community Development Block Grant Disastes Recovery (CDBG-DR) funds to die State of Florida to be distributed in the Federal Emergency Management Agency (FEMA) decLnred counties impacted by Flurricane Irma. The Florida Department of Economic Oppornuxiry (DEO) was awarded $85,819,653 in infrastructure repair finding through the Community Development Block Grant -Disaster Recovery (CDBG-DR) Program by the U.S. Department of Housing and Urban Development (HUD) to address unmet disaster recovery needs related to damages ftorn 14=ricane Irma - Projects that are eligible under the CD13G-DR Infrastructure Repair Program include: • Restoration of infrastructure damaged by Hurricane Irma (including water and sewer facilities, streets, provision of generators, removal of debris, drainage, bridges, etc.); • Water and sewer facilities have been identified as areas of critical importance. Projects involving these type facilities; • Public facilities such as emergency community shelters; • Demolition, rehabilitation of publicly or ptivately owned commercial or 'industrial buildings; and * Economic revitalization which includes any CDBG-DR eligible activity that demonstrably testozes and improves some aspect of the local economy_ The City of Edgewater was awarded $1,821,734 of CDBG-DR funds to repair damaged and restricted drainage canals in the Hart Avenue Drainage Basin_ The City will replace the undersized storm water drainage ditches with properly sized stotmwater piping relocated into the existing right of ways_ The improvement of the storm drainage jr, the service area will significantly reduce the flooding in the Hart Avenue Service Area during future storm events. 2. SUBRECIPIENT RESPONSIBILITIES: A. CDBG-DR INFRASTRUCTURE PROGRAM IMPLEMENTATION The subrecipient shall perform the following tasks under this agreement: 1. Complete and submit to DEO vaWn 30 days of agreement execution, a staffing plan which must be reviewed and approved by the DEO Agreement Manager prior to implementation. Should any changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval. The staffing plan must include the following: a Organizational Chart; and, b. Job descriptions for Subreripient's employees, contracted staff, vendors and contractors. E DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B242a586-7At3-4A28-868Z-2GG7ABDF3FCF DEO Agreement No.: 1R004 2. Develop and submit a copy of the following policies and procedures to the DEO Agreement .Manager for review and approval Aid-un die 30 days of execution. The Agreement Manager .vill provide approval in writing prior to the policies and procedures being implemented. a. Procurement policies and procedures that incorporate 2 C14R Part 200,317-321. b. Administrative financial management policies, which must comply with all applicable HUD CD13G-DR and State of Florida rules c. Quality assurance and quality control system polities and procedures that complywidi all applicable HUD CDBG-DR and DEO Policies d. Policies and procedures to detect and prevent fraud, waste and abuse that describe liow the subrecipient will verify dtc accuracy of applicant information, monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored, and procedure for referring instances of fraud, waste and abuse to HUD OIG Fraud Hotline (phone. 1-800-347-3735 or email hotline@hudoig.gov) _ e_ Policies and procedures for the requirements under 2 CFR 200 Uat form ,A.dmin stradve Requirements, Cost Pcinciples, and Audit Requirements For Federal Award_ 3. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG-DR grant funds when. available. 4. Upload required documents into a reporting system provided by DEO. 5. Complete and submit an updated Project Detail Budget (Attachment B) for review and approval by D20 no later than 30 days after die execution of die subrecipient agreement. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the Agreement Manager, G. Complete and submit 9n updated Activity Work Plan (Attachment C) for review and approval by DEO no later than 30 days after the execution of the subrecipient agreement Any changes to the Activity Work Plan should be submitted in the monthly report submitted to DEO for review And approval by the Agreement Manager. 7- Maintain organized subrecipient agreement files and make them accessible to DEO or its representatives upon request. 8. Comply with all terms and conditions of the subrecipient agreement, Infrastructure Program guidelines, Action Plain, Action Plan amendments, and Federal, State and local laws. Provide copies of all proposed procurements documents to DEO ten (10) business days prior to posting as detailed in Section (17) of the Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by the DRO Agreement Manager, Should the procurement documents require revisions based on stateor federal requirements, the subrecipient will be required to postpone procurement and submit revised documents for review and approval. 20 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope 10: B2428585-7A13-4,42"682-2CC7A8DF3FCF DEQ Agreement No.: IR004 10. Complete procurement of all applicants for internal grants management and compliance and direct program and product production, including: (a) Selection of applicants, subrecipients, and/or staff that will be responsible for managing applicant intake and related operations, compliance, finance, and adrrunistratton; (b) Selection of applicants, subrecipients, and/or staff that will be responsible for managing demolition and/or construction; (c) Selection of applicants, subrecipients, and/or staff thatwill be responsible for Appraisal., Environmental Review, title services, and legal services; (d) Copies of all contracts will be executed by the subrecipients. Contracts must be provided to DEO prior to execution as detailed in Attachment D. Any contract executed by the subrecipients must follow the terms and conditions set forth in this agreement provided between the Department and the subrecipient. Should the submitted contract require necessary additions and/or changes, the Department's Agreement Manager wiU contact the subrecipient regarding changes. The subrecipient is required to submit the updated contract within 30 days_ Should the contract not be submitted in a timely manner, the subrecipient will be required to complete the selection process once more. lh. Ensure all projects seeking assistance under the current CDBG-DR funds for Hurricane Irma, and any future funds allocated for Hurricane Irma, provided by DEO, receive the required Environmental clearance from )CEO prior to the Subrecipient being able to commit CDBG-DR funds, 12. Provide the following documentation to DEO widiin ten (10) calendar days after the and of each month: (a) A revised detail report measuring the actual cost versus the projected cost. (b) An updated attachment C which documents any changes to the projected progress along with justification for the revision. 13_ Develop and submit to DEO a monthly .revised detailed timeline for implementation consistent with the milestones outlined in the InEgsttucture program guidelines and report actual progress against the projected progress ten (10) calendar days after the end of each month. 14. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: (a) Submit updated organization chary on a quarterly basis with quarterly report. (b) If staffing changes there must be a submittal stating the names, job descriptions, on the monthly report deadline (c) A progress report documenting the following infoirnatiow L Accomplishments within dic past quarter; ii Issues or asks that have been faced with resolutions; and 21 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DacuSign Envelope 0: 5242B686-7A73-4A28-8082-2CC7A8Df=3FCF DEO Agreement No.: IR004 E Projccred activities to be completed within the following quarter. 15. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attaclvnent C, Activity Work flan_ If the Subra:eipient is unable to meet a deadline within 30 calendar days of the due daze, the Subrecipient shall request an extension of such deadline from DED in writing no Inter than thirty (30) business days prior to the deadline. Deadluies shall not be extended outside of the term of this agreement except by a formal amendment executed in accordance with Section (4) Modification of Agreement. 16. Close out reports will be no later than 60 calendar days after this Agreement ends or is otherwise terminated. Subrecipienr shall provide pictures to document completed work. B. AdmWstration Subrecipient must complete the following tasks: I. Complete the required environmental review; 2. Conduct right of way surveys associated with proposed construction activities; 3. Prep= plans and specifications for bid; and 4. Hold pre -construction meeting and issue notice to proceed. C. Engineering Subrecipient must complete the following tasks; Basic Engineering Services a. Prepare permit applications; b. Attend pre-bid/pre-construction conference; c. Prepare change orders; and d. Review construction bids and make recommendation to the Recipient. 2, Resident Inspection a, Inspect construction activities for consistency with plans and specifications; and b. Review construction invoices and certify costs. D. Acquisition Subrecipient must acquire property located at 405 Hart Avenue, Edgewater, Florida; the purchase price must be consistent with applicable uniform cost principles and die buyout program, if applicable_ Prior to acquiring die property, the subrecipient must submit all documentation for review and approval as outlined in Attachment D, number G, listed in thus contract. Subrecipient must demolish as well as develop the property as consistent .vidh the CDBG-DR guidelines. For tenant relocation, the subrecipient must follow the CDBG-DR guidelines regarding tenant displacement and relocation. Subrecipient must also complete the following tasks to repair damaged and restricted drainage canals in the Hart Avenue Drainage Basin: a. Appraisal of the property to be acquired; b Review and approval of documentation as outlined in contract by the Grant Manager; c. Acquisition of property located at 405 Dart Avenue, Edgewater, Florida; d. Relocation or rental assistance as outlined in CDBG-DR guidelines; e, Closing costs related to property acquisition; 22 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelop® la: 82426586-7AI3.4A2M6$2-2CC7A8L]F3FCF DEO Agreement No.: IR004 f. Moving casts related to tenant relocation, if applicable; g, Relocation specialist fees related to tenant relocation; and h. Demolition of property. E. Construction: Subrecipient must complete the following tasks to repair damaged and restricted drainage canals in the hart Avenue Drainage Bassin: a. Mobilization of resources; b. Soil/Erosion Control on construction site to reduce run-off; c. Pteconstraction photos of the construction site; d_ Construction survey layout for accuracy of the constmcdon site; e. Maintenance of Traffic to construct and maintain detours for the duration of the project construction period; f. Stormwater pipe completed for modification of retention pond; g Stormwater structures completed for modification of retention pond; h. Utility Relocation/Coordination Abandonment/modification of existing facilities; i. Water Main installation; and j. Restoration of areas affected by constrcuction to return to their original state. 3. DELIVERABLES Deliverable No, 1— Pro rn Delive /Administration Tasks Minimum bevel of Financial Consequences Service Subrecipient must complete eligible project Subrecipient may request F"Wilre to complete the imple-mcritation tasks as detailed in Section 213, reimbursement upon nunirrium performance Subrecipient Responsibilities of this Scope of completion of the tasks measures as specified sliall Work listed in 1B. evidenced by result in non-payment for this submittal of the invoice deliverable for cach payment Total Deliverable I cost reimbursement not to package as outlined in request. exceed: $90,000 Section 4.A. below. Deliverable 1- $90,000.00 Deliverable No. 2 — Engineering Tasks Minimum Level of Financial Consequences Service Subrecipient must complete eligible Project Subrecipient may request Failure to complete the implementation tasks as detailed in Section 2C reimbursement upon minimum performance Subrecipient Responsibilities of this Scope of completion of the tasks measures as specified shall Work listed in 2,C, evidenced by tesult in non-payment for this submittal of the invoice deliverable for each payment Total Dcliverable 2 cast reimbursement not to package as outlined in request exceed; $250,000 Section 4.A. below. Deliverable 2 - $250,O00-00 Deliverable No. 3 —Acquisition Tasks Minimum Level of Financial Consequences Service Subrecipient must acgt=e property and perform Subrecipient may request Failure to complete the acquisition related activities outlined in Section reimbursement upon minimum performance 23 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID:8242B586-7Ai3-4n8-8682-2CC7A8DF8FCF DEO Agreement No.: 1R004 217 Subrccipient Responsibilities of this Scope of completion of the tasks measures as specified shall Work listed in 2.D. evidenced by result in non-payment for this submittal of the invoice deliverable for each payment Total Deliverable 3 cost reimbursement not to package as outlined in request. exceed $152,500 Section 4.A. below as well as the following: • A completed Property Acquisition Repoxt, identifying address of the parcel acquired, its identification number, and the type and amount of eligible expenses incurred related to the acquisition of that parcel. • A completed appraisal. • A completed review appraisal, • A copy of the wantanty deed. • A copy of the setdemant statement. Deliverable 3 - $152,500.00 Deliverable No. 4 — Construction Tasks Minimum Level of Financial Consequences Service Subrecipient must complete infrastructure Subredpient may request Failure to complete die construction as detailed in Section 2E reimbursement upon minimum performance 5ubrecipient Responsibilities of this Scope of completion of the tasks measures as specified shall Work listed in 2.E. evidenced by result in non-payment for this submittal of the invoice deliverable for each payment Total Deliverable cost reimbursement not to package as outlined in request. exceed 11,329 234 Section 4.A. below. Deliverable 4 - $] 329,234.00 Total Cost $1,821,734.00 COST SHIFTING: The deliverable amounts specified widen the Deliverables section 4 table above are established based on the Parties' estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in ordex to designate payment points during the Agreement Period; however, this is not intended to restrict DSO's ability ro approve and reimburse allowable costs Grantee incurred providing the deliverables herein. Prior written approval from DSO's Agreement Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Grantee, as described in ]MODIFICATION section of the Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of thus Agreement. 24 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B242B586-7A13-4A2MGA 7-2C:C7A9DF3FGF DEO Agreement No.: IR004 4. DEO°S PESPONSIBILITIES: • Monitor the ougomg activities of the Subrecipient to ensure all activities are being performed m accordance with the Agreement to the extent required by law or deemed necessary by DF-0 in its discretion. • Assign an Agreement Manager as a point of contact for the Subrecipient • Review the Subrecipient's invoice packages and process them on a timely basis. • Provide a system for subrecipie.nts to submit allrequired documentation related to the project. • Monitor Subrecipient progress, review reports, conduct site visits, as determined necessary and at DEO's sole and absolute discretion, and process payments to Subrecipient. • Provide ongoing technical assistance to ensure successful completion of the project as well as adherence to state and federal guidelines. 4.A. INVOICE SUBMITTAL DEO shall reimburse the Subrecipient in accordance with Section 3, above. In accordance with die Funding Requirements of s. 215.971(1), F.S. and Section 5 of this Agreement, the Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs :oust be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures (E ; /w�vyy,myfloridacfn.comlaa refererrcc gljde(). 1 _ Subrecipient shall provide one invoice per deliverable for all services rendered during the applicable period of time. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. 2- The following documents shall be submitted with the itemized invoice: a. A coves letter signed by Subrecipient's Agreement Manager certifying that dle costs being claimed in the invoice package: (1) arc specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 3, DELIVERABLES, of this SCOPE OF WORK; (3) have been paid, and (4) were incurred during this Agreement. b. Subrecipicnt's invoices shall include die date, period in which work was performed, amount of reimbursement, and work completed to date; c. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project, is complete. d. Photographs of the project in progress and completed work; e. A copy of all supporting documentation for vendor payments; f. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer_ The State may require any other information from Subrecipient that d1.e State deems necessary to verify that the services have been rendered under this Agreement. 3. Tkte Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DEO's Subrecipient Management Reporting Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the agreement. — Remainder of this page 4r inten1ioaalb left blank 25 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 v G4 u u ■i YE V o o a � 0.y w f10 � QQ� QQ4 A q p� pp 4 4 �qq qqG Y N G U to t� �in p a� �U N N 6� 4i z z X Z 4J C r� M ';3 3 '12�. `# a a g Al o x�❑ r5'� a �I o 4 Ri t. W CA LTl u La I x �,�6Q r i 0 " O 6 u} �G 1z, r-p DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 m m CY ❑_ V 4 v Ill v o S o ICI 4-4 V O W Q L «J c� 1-� 41 iS 'O � w r-i ni rtj �Y DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 c 0 r, Vp ij '4 i} CL L' V u G R C ttl U y, G a yr W. ua as wF w � „ v4) v z 2 Z z z z z z W2) u�W C. ,� g w x � lu m ev a w o C o q �� O K O 0 • r+� _U y L tS6 v Ci `7 w 4 C l3L:C^ R [! ry G •'.7 � � cJ V � Sr ~ � vA� V u:a n -i; a�� O V O U U o CIII cq n1 cv ry N (11 1 ❑ C N N r1 h! r1 iti1 L�wt N O 60 N DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 z f Z I. 5 S KD Ln Ln u CaQ G +t a Im a J fl q n Q 2 v n CDra 4 C I a y vLO v zz e 'y ti sr L N 4 a a O K '13 a 0 o e -r. o o A N h 'w Cl o O w � � pp q o G W f r Q Q 4 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 s O W 4 :i DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 0 as 0 61 •9 ON P' 'a. t 10 c d o c n v' 0 ee 0 p yr trr 51 a9 wi aid o cell 4cu -�Yiy 4 GS] u�Lj ni � H G 4 fl 8 PY d1 L q Y y •tiry M • R � r✓' LS � Q vi F" C A A IR a � � tst � �� � p w � � •a° '� u 6 O C 'S V L. t y _ C V •`� � y U V 6 d V l'•'1 Y S��I, N 4 � C V l7 Lam,. Q � � � � � 'a \ 56 -�= L1 r� p'�. Q * fi] v air p 0 0 i Jq 49 Q -g " �- u o � ° v 2 uA 1 • r 4i�a�j0 n 71- 0 8 p u v 'p — � C q �J �G 4 4 p O O O ` g u P. 9 `C �? u C l} C 7 .� 1� Ty 1" w U U u O ,-" ram•+ O � � O ram+ G v c 4 o' c DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 w c a � P4 m rn DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 C +fr E 4 r. Cd a o 01 O 0 n w Tj ••+ }W� (�t sa Ci .n k J I �S l z U U - id o cl 0 c ui Ln C o w 'J' hfr 464 L6 WO. C^ LA. :/r �J� I" LQ ;.To v°F a � a�yr a ie z z z z ��V W �_°nj C n7G P. H a C6 ri, v ap O w q w Q R~. >a � u R o a d u m oa O U V p W u ❑ w g4 IV Y ❑ C ro c Pr q In C •�. •�+ O C ❑ It 74 a °' a a U `d w yy`Lyl ^ y} U U U A g H U �' -0 .,j v ti Ln Ln o Ln L o n. 3 ro q ry u� �- 91 G 1 i+ U,p U-0 :%J V 44 v FS 4 T = O rw W � � ja b o o =� t V DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 1� � r-s I ca ar � o c In C 0 0 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 00cuSign Envelope 10: 024213506-7A13-4A28-86B2-2CC7A8DF3FCF DEO Agreement No.: 1R004 Attachment D — Program and Special Conditions Program Conditions The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a justification for die delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DEO's request For justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditum of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and Activity Work Plan_ 3. The Subrecipient shallrequest DEO's approval for all professional services contracts and/or agreements that will be reimbursed with CDBG-DR funds, Copies of the following procurement documents must be provided to DEO for review: When publication ofa Request for Proposal (RFP) is used as a means of solicitation, a copy of the advertisement, including an affidavit of publication; DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State, Ndetal or local procurement guidelines. The Subrecipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-COBG-DR funds to pay for professional services. 4. Prior to die obligation or disbursement of any funds, except for administrative expenses and not to exceed $5000, the Subrecipient shall complete the following a. Submit for DEO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contact, the local government will not be able to use CDBG-DR funds for that contract beyond $5,Oh10. b. Comply with 24 C.F.R. part 58 and the regulations ,implementing the National Environmental policy Act, 40 C.F.R. §§ 1500-1508. When the Subrecipient has completed the environmental review process, it shall submit a Request for Release of Funds and Certification, bEO will issue an Authority to Use Grant Funds (form HUD- 7015.16) when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding die status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITYTO USE GRANT FUNDS." 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real property Acquisition Policies Act of 1970, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the "URA"), implementing regulations at 24 C.F.R. part 42, 49 CTA. part 24 and 24 C.F.R. § 570.606(b), the requirements of 24 C.F,R. § 42.325 -- 42,350 governing dte Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 3304(d)), and the requirements in 24 C.F_R_ § 570.606(d), governing optional relocation assistance policies. 36 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign envelope ID: B2428596-7Ai3-4A28-8682-2CC7ASDF3FCF DEO Agreement No.: IR004 G, If the Subrecipicnr undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including a notice to property owners of his or her rights under the URA, an invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settletrrent costs, copy of deed, waiver of rights (for donations), as applicable. The documentation small be submitted prior to completing the acquisition (closing) so that DEQ can determine whether remedial action may be needed, The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 C.F,R, § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDSG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO, HUD, and applicable, regulations and guidance laws, specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b- Section 3 Participation Report (Construction Prime Contractor); c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and J. Section 3 Participation Report (Construction Subcontractor), (if applicable). S. In addition, each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Constructions of Residential Housing, as defined in the Allocation notice published in the Federal Register Volume 81, Number 224 on Monday, November 21, 2016. For each Request for Funds (RFF) that includes reimbursement of construction costs, the Subrecipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. For each RF ' that includes construction costs, the Subrecipient shall provide a copy of AIA form G702, or a comparable form approved by DEO, if applicable, armed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO, if applicable. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be swat to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price); and c. The contractor's payment bond (100 percent of the contract price). 11. The Subrecipient shall undertake on activity each quartet to affirmatively Eurther fair housing pursuant to 24 CT, R. § 570,487 (b) (4), 12_ The Subrecipient shall erasure that a deed restriction is recorded on any real property or facility, excluding casements, acquired with CDBG-DR funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records ui the Clerk of Court of the county in which the real property is located. Any future disposition of that real propeM, shall be in accordance with 24 C.F.R. 4 570.505_ Any future change of use of real property shall be in accordance with 24 C.F.R. § 570.4890), 37 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 Pocu$ign Envelope lU 92428566.7A13-4A28-8682-2rC7A8DF3FCF DEO Agreement No.: [RO04 13. The Subrecipient shall comply with the historic preservation -requirements of the National Historic Preservation Act of 1966, as amended, the procedures set forth in 36 C.F.R. part 800, and the Sceretary of the Interior's Standards for Rehabilitation, codified at 36 C.F.R. 67, and Guidelines for Rehabilitating Nistodc Buildings. 14_ Pursuant to section 102(b), Public Latin 101-235, 42 U-S_C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO witivn thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose_ a. Al[ developers, contractors, consultants and engineers involved in the application or in the planning, development or implementation of the project or CDBG-DR-funded activity; and b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant, whichever is less. 15. If requited, the Subrecipient shall submit a final Form 14UD 2880, to DEO with the Subrecipient's request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. � 570.489(g)_ Tide 24 C.F.R. § 570.489(h) shall apply in all conflicts of interest not governed by 24 C.F.R. § 570.489(g), such as those relating to the acquisition or disposition of real ptoperty; CDBG-DR financial assistance to beneficiaries, businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply .with, and this Agreement is subject to, Chapter 112 F.S. 17. Any payment by the Subrecipient using CDBG-DR Funds for acquisition of any property, tight -of -way, or easement that exceeds fair marketvalue as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DLO pre - approval, any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or teirnbursed with CDBG-DR funds. 18. The Subrecipient shall take photographs or video o F all activity locations prior to initiating any construction. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the acti%city locations will be provided to DFO with the administrative closeout package for this Agreement. 19_ If an activity is designed by an engineer, architect or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification, This certification sha11 be accomplished prior to submission of an administrative closeout package and a copy of the cerrifcation shall be submitted with the administrativc closeout package. Remainder of this page is tnten tionally,left blank r- 38 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DacuSign Envelope ID: B242$586-7A73-4A28-8682-2CC7A9DF3FCF DEO Agreement No.; [RO04 Attachment E — State and Federal Statutes, Regulations, and Policies The CDBG-DR Funds available to the Subrecipient through this agreement constitute a subaward of DEO's Federal award under the. Uniform Admirsi_strative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR part 200. This agreement includes terms and conditions of DEO's Federal award that are imposed on the Subrecipient and the Subrecipient agrees to catty out its obligations in compliance with alb of the obligations described in this agreernent. The Subrecipient agrees to, and, by signing this Agreement, certifies that, it will comply with all applicable provisions of the Housing and Community Development Act of 1974, as amended, and the regulations at 24 CFR part 570, as modified by the Federal Register notices that govern the use of CDBG-DR funds available under dus agreement. These Federal Register notices include, but are not limited to, .Federal Register Guidance Vol. 93, No. 28/Friday, February 9, 2018/Notices and Vol. $3, No- 157/'Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing (1) the Subrecipient sloes not assume any of Grantee's responsibilities for environmental review, decision -making and action, described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies that govern the use of the CDBG-DR funds in complying with its obligations under this agreerncnt, regardless of whether CDBG-DR funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable federal, State and local laws, regulations and policies governing the funds provided, under this Agreement, including, but not lirnitcd to the following: I. Stare of Florida Requirements State of Florida Requirements are stated throughout this Agreement and Attachments thereto_ [1. Audiu,. lrlsp€!ctionx, and Monitoring 1. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Su6tecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in 5200-501 Audit requirements. 2. Inspections and Monitoring Tlx Subrecipient shall penrut DEO and auditors to have access to the Subrecipienes records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit: to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal, statutes, regulations, and the terms and conditions of this agreement, This review must include: (1) reviewing Financial and performance reports required by DEO, (2) folio -wing -up and ensuring that the Subrecipient takes timely and appropriate action on an deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on -site reviews, and other means; and (3) issuing a management decision for audit findings pertaining to thus Federal award provided to the Subrecipient from DEO as required by 2 CFR �200.521. 3.rrete_Actions The Subrecipient sliall be subject to revicws and audits by DEO, including onsite reviews of the Subrecipient as may he necessary or appropriate to meet die requirements of 42 U.S.C. 5304(e)(2). DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may 39 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: 8242BS86-7A13-4A28-8682-2CC7A8DF3FCF DEO Agreement No.. IR004 requite the Subrecipient to tape timely and appropriate action on all deficiencies permining to the Federal award provided to the subrecipient from the pass -through entity detected through audits, on -site reviews and other means, In response to audit deficiencies or other findings of noncompliance with this agreement, Grantee may impose additional conditions on the use of t]u CDBC DR funds to ensure future compliance or provide training and tecluzical assistance as needed to correct noncompliance. 111. QmgzFrcc Workplace Drug -free workplace. Subrecipients must comply with drug -free workplace requirements in Subpart 3 of part 2429, which adopts the government -wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug Free Workplace Act of 1988 (pub. L. 100.690, Tide V, Subtitle D, 41 U.S.C. 701-707). IV. P—rpC=rnrnt and Contractor Over -sight The Subrecipient shall comply with the procurement standards in 2 CFR §200,318 - §200.326 when procuring property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. The Subrecipient trust comply with CDBG regulations regarding debarred or suspended entities, specifically including, 24 CFR 570.609 or 24 CFR 570.489a) as appropriate. CDBG funds may not be provided to excluded or disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement, its contractors perform according m the terms and conditions of the procured contracts or agreements, and the terms and conditions of this agreement. V. km erty S=dards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.4690) and 24 CFR 570.200Q). The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310, 2 CFR 200,312, 2 CFR 200.314 d-,rough 2 CPR 200.316- The Subrecipient sha[I also comply with 2 CFR 200.313 Equipment, except that when the equipment is sold, the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CD13G-I)R program or shall be retained after compensating DEO. The Subrecipient shall also comply with dze Property Standards in 2 CFR 200,310 through 2 CFR 200,316, except to the extent they are inconsistent with 24 CFR 570.2000) and 24 CFR 570.4890), in which ease Subrecipient shall comply Nvith 24 CFR 570.2000) and 24 CFR 570.4890), except to the extent that proceeds from the sale ofequi-pment are program income and subject to die program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(d). VI. Fedeal Fi;nding A ilir and TranIpj=cy Act FFA A The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number. The Subrecipient a must also comply with provisions of the .federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. VII. RrlocatLop and Real ProncrMAcqwsition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (iTRrl), 42 USC 4601 — 4655, 49 CFR part 24, 24 CFR part 42, and 24 CFR 570,606. 40 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B2428588-7A13-4428-0602-2CC7A8DF3FCF DEO Agreement No.: IR004 In addition to other LIRA requirements, these regulations (49 CFR 5 24.403(d)) implement Section 414 of the Robert T_ Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the UkA shall be denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act". VII1, �ation 1. 24 CFR part 6 The Subrecipient will comply with 24 CFR part is, which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 ('Title D (42 U.S_C. 5309). Section 109 provides that no person in the United States shall, on the ground of race, color, national origin, religion or sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination ,Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements applicable to programs or activities funded al whole or in pact with CDBG-DR funds. Thus, the Subrecipient shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimination Act for HLO programs. 2. Architectural Baldm Arland the Americans with Disabilities Act The Subrecipient shall ensure that its activities are consistent with requirements of Arciitecrural Barriers Act and the Americans with Disabilities Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally Funded buildings and other facilities to be designed, constructed or altered in accordance with standards that insure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building„ as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFI part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Arne-ricans with Disabilities Act (42 U.S.C. 12131; 47 U-S.C, 1.55, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications. It further provides that discrimination includes a Failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable —that is, easily accomplishable and able to be carried out without much difficulty or expense. 3. Sigte and Local Nondiscrirninat 1'rQvisions The 5ubrecipient must comply with the Florida Small and Minority Business Assistance Act (% 288.703- 288,706, F.S.); Title VI of the Civil Rights Act of 1964 (24 CFR part 1) (I) General Compliance: The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (i'_L. 88- 352), as amended. No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR L4 apply to the use of these funds. The Subrecipient shall not intimidate, threaten, coerce or discriminate against any person for the purpose of interfexi ng with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint, testified, assisted or participated in any manner in an investigation, proceedingor hearing under 24 CFR part 1. The identity of complainants 41 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B2420586-7A13-4A28-8882-2CC7A$PF3FCF DEO Agreement No.: IR004 shall be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1, including the conduct of any investigation, hearing or judicial proceeding arising thereunder. (ii) Assurances and Real Property Covenants: As a condition to the approval of this Agreement and the extension of any Federal financial assistance, the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing, accommodations, facilities, services, Financial aid or other bcneftts to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. If the Federal financial assistance under this agreement is to ptovide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipicnes assurance herein shall obligate the Subrecipient or, in the: case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of sirnilax services or benefits, or for as long as the recipient retains ownership or possession of the property, wWchever is longer. In all other cases, the assurance shall obligate the Subrecipient for the period during wbiclh Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO acid die United States a right to seek judicial enforcement of die assurance and the requirements oil real property. In the case of real property, structures at improvements thereon, or interests therein, acquired with Federal Financial assistance under this Agreement or acquired with CDBG-DR funds and provided to the Subrecipient Under this Agreement, the instrument effecting any disposition by the Subrecipient of such real property, structures or improvements thereon, or interests therein, shall contain a covenant running with the land assuring nondiscrimination► for the period during wl-dch the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. if die Subrecipient receives real property interests or funds or far the acquisition of real property interests under this Agreement, to die extent that rights m space on, over, or wider any such property are included as part of the program receiving such assistance, the nondiscrimination requirements of this part I shall extend to any facility located wholly or in part in such space. 4. Affirmative Action (i) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DEO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24, 1966, as amended, and implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program, The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under tlds agreement. (li) Women- and Minority -Owned Businesses R/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses, women's business enterprises, and labor surplus area farms are used when possible when the Subrecipient procures property or services under thus agreement. (III) Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by dine agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment - (iv) Equal Employment Opportunity and Affkaintive Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is ari Equal Opporrunity or Affirmative Action employer. 42 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 tiDocuSign Envelope ID, B2428596-7A13-4A26-8682-2CC7A8DF3FCF DEO Agreement No.: IR004 IX. Labor and Employment 1. I abn_LStandards The Subrecipicnt shall comply with the in labor standards in Section 1.10 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than hose prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with die Davis- Bacon Act, as amended (40 U.S.C_ 3141, et seg.) and 29 Cr, R part 1, 3, 5, 6 and 7, provided, that this requirement shall apply to die rehabilitation of residential property only if such property contains not less than 8 units. The 5ubrecipient agrees to comply with the Copeland Anti- Kick Back Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipicnt shall maintain documentation that demonstrates compliance with applicable hour and wage requirements. Such documentation shall he made available to DEO for review upon request. X. Se,Y ion 3 of the I -lousing and Urban Development Act of 1968 I. Definitions A low-income person, as tlus term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 per cenrum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families; or (ii) A very lo%v- income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C_ 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 pet centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations ate necessary because of unusually lugh or low family incomes. 2. nce The 5ubrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 135. The Subrecipicnt shall include the following "Section 3 clause" at 24 CFR 135.38 in every "Section 3 covered contract" (as defined in 24 CFR 135.5). A, The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3), The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very Iow- income persons, particularly persons who arc recipients of HUD assistance for housing. B. The work to be performed under this contract is subject to die requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U_S.C. 1701u (Section 3)_ The purpose of Section 3 is to ensure that employment and other economic opportunities generated by 14UD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. C. The contractor agrees to send to each labor organi2arioe or representative of workers with which the contractor has a collective barga.itmg agreexncnt or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under tvs Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for trainingand employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to Iure, availability of apprenticeship and training 43 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B242B586-7A13-4A?8-6682-2CC7ABDF3FCF DEO Agreement No.: IR004 positions, the qualifications for each; and the name and location of the persons) taking applications for each of the positions; and die anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with tcgulatiom in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFI; part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that die subcontractor has been found in violation of the regulations in 24 CFR part 135, E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CIiR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.F. Noncompliance with HUD's regulations in 24 CFTC part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. F. Noncompliance with I IUD's regulations in 24 07, pats 135 may result in sanctions, tctmination of this contract for default, and debarment or suspension from future HUI) assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to die work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible () preference and opportunities for training and employment shalll be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7 (b). 3. Numerical Goals Recipients of HUD federal Financial assistance shall meet the following hiring and contract numerical goals to achieve compliance with Section 3 as found at 24 CFR 135.310 (Numerical goals for meeting the greatest extent feasible requirement) A. Hiring - Recipients of Section 3 covered community development assistance, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in Section 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to employ Section 3 residents as: L 10 percent of the aggregate number of new hires for the one year period beginning in FY 1995; ii. 20 percent of the aggregate number of new lures for the one year period beginning in 1996; and iii. 30 percent of the aggregate number of new hires for the one year period beginning in FY 1997 and continuing diereafter, B. Contracting - Numerical goals set forth in paragraph (B) of this section apply to contracts awatded in connection with all Section 3 covered projects and Section 3 covered activities. Each recipient and contractor and subcontractor (unless the contract or subcontract awards do not meet threshold specified io Section 135.3(a)(3)) may demonstrate compliance with the requirements of tl-is part by committing to award to Section 3 business concerns: i. At least 10 percent of the total dollar aniount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or for building 44 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID; B2428586-7A73-4A2"682-2CC7A8DF3FCF DEO Agreement No_ IR004 trades wvtk arising in connection with housing rehabilitation, housing construction and other public construction; and Ii. At least three (3) percent of the total dollar amount of all other Section 3 covered contracts. XI. Conduc I. Hatch Act The Subrecipient shall comply with the Hatch Act, 5 U5C 1501 —1508, and shall ensure rhat no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged iu the conduct of political activities in violation of Chapter 15 of Tide V of the U.S,C, 2, Copflict of In er s In the procurement of supplies, equipment, construction and services pursuant to this agreement, the Subre.cipient shall comply with the conflict of interest provisions in DSO's procurement politics and procedures. In all cases not governed by the conflict of interest provisions in DEO's procurement policies and procedures, the $ubrecipient shall comply with the conflict of interest provisions in 24 CFR 570.48901), 3. Lobb,Ccruffca6n The Subrecipient hereby certifies chat- (1) No Federal appropriated funds have bccn paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (Ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure For:rn to Report Lobbying," in accordance with its instructions; OH) The language of paragraph (a) through (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgxants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and (Iv) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any person who fails to file the required certification small be subject to a civil penalty of not less than $10,000 and not mote than $100,000 for each such failure. XIL RR62jous Activid s The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, teligious instruction or proselytization. Xlll. Environmental Conditions 1. lsphibitipn on Choice Limiting Activities Prio to_ Environmental Revicw The Subrecipient must comply with the limitations in 2-I CFR 58.22 even though the 5ubrecipient is not delegated die requirement under Section 104(g) of the HCD Act for environmental review, decision- making and action (see 24 CFR part 58) and is not delegated DSO's responsibilities for initiating the review process under the provisions of 24 CFR Fart 52. 24 CFR 58,22 imposes limitations on activities pending clearance and specifically litnits commitments of I-LiTD funds or non -HUD funds by any participant in the development process before completion of the environmental teview. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of 45 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B2428585-7A13-4A2B-8682,2CC7A8DF�3PCF DEO Agreement No.: JR004 Subrecipienes submission of the required documentation, DEO shall provide the Subrecipient a written update. regarding the status of the review process. 2. Air and Water The Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement: * Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended, particularly section 176(c) and (d) (42 U_S.C. 7506(c) and (d)); and (4 Detetmining Conformity of Federal AcdUns to State or Federal Implementation Plans (Environmental Protection Agency-40 CFR parts 6, 51, and 93); and * Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et .Fey., as amended, including the requirements specified in Section 114 and Section 308 of the federal Water Pollution Control Act, as amended, and all regulations and guidelines issued thereunder. 3- Flood Dasaster Protution The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform► Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 592 of the National Flood Insurance Reform Act of 1994, as amended, (42 U.S.C. 5154a), which includes a prohibition on the provision of flood disaster assistance, including loan assistance, to it person for repair, replacement or restoration for damage to any personal, residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. More information about these requirements is available in the Federal Register notices governing the CDBG-DR award and listed at the beginning of this Attachment. 4. Lcad-Based Paint DEO shall follow DEO's procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead -Based Paint Poisoning Prevention Act (42 U,5.C. 4821-4846), the Residential Lead - Based faint Hazard Reduction Act of 1992 (42 U.S.C. 4951-4856), and implementing regulations at part 35, subparts A, B, 3, Y, and R of this title. 5. HisLoric PmseryigQn The Subrecipient shall comply wirh the Historic Preservation requirements set forth in the National !-historic Preservation Act of 1966, as amended, codified in title 54 of the United States Code, and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or alder or that are included on a Federal, state or local Historic property list. — Remainder Qf!W page is ixiv icnahl le/? 6lavk — 11R DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 PocuSign Envelope ID: B2428586.7A13-4A2M682-2CC7A8DF3Fr-F ❑EO Agreement No.- IR004 Attachment F — Civil lUghts Compliance Fair Housing As a condition for the receipt of CDBG-DR funds, each Subrecipient trust certify that it will "affirmatively further fair housing" in its community,. A Subrecipient shall demonstrate its cmT mritment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following. 1) Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race, color, familial status, handicap, national origin, religion and sex); 2) Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3) Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation ii the 5ubrecipienes jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4) Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken and d) if the caller was referred to another agency, the results obtained by the referral agency; 5) Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters; and G) Display a fair housing poster in the CDBG-DR Office. (This does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fait housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: Define where discriminatory practices are occurring, Help the community measure the effectiveness of its outreach efforts, and Provide the community with a means to gain information that cart be used to dasign and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: • Making fair housi<tg presentations at schools, civic clubs and neighborhood association meetings; • Conducting a fair housing poster contest or an essay contest; • Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales and church festivals; and • Conducting fair housing workshops for city/county employees, realtors, bank and mortgage company employees, insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs, newspaper articles, sign. -in sheets and copies of handouts in their CDBG-DR project file and include information about the activities in the comment section of each quarterly report. Equal Employment Opportunity As a condition for the receipt of CDBG-DR funds, each Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires vhth CDBG-DR funds will abide by the Equal Employment 47 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope D 8242B586-7A13-1A28-8682-2CC7A$DF3FCF DEO Agreement No.: IR004 Opportunity (EFO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shrill do the fallowing. 1) Have in place an equal employment oppormairy resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipicnts and consultants from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral and other aspects of employment, on the basis of race, color, religion, sex, national origin, disability, age or genetics; 2) Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3) Publish the EEO Coordinator's contact inforrnarion quarterly in n newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEC) questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4) Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken; Each Subrecipient shall maintain a list of certified minority -owned business enterprises (MBE) and women -owned business enterprises (WBE) that operate in its region. 'Iiie Subrecipient shall use this list to solicit companies to bid on CDBG-DR funded construction activities and sliall provide a copy of the list to the prime contractor(s) to use when it limes subcontractors and consultants. The Department of Management Services maintains a list of certified minority - and women -owned businesses that can be used to develop a local MBE/WBE list at the following website: )dins://osd,dM.smkflorida.comZciirectories. Section 504 and the Amesicans with Disabilities Act (ADA) As a condition for the receipt of CDBG-DR funds, the Subrecipient must certify that it provides access to all federally funded activities to all individuals, tegardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall do the following: 1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who -- a) Hasa physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment or c) Is regarded as having such an impairment; 2) Designate an employee as the Section 504/A;A Coordinator who is available during regular business hours to teceive Section 504/AD,A calls; 3) Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subredpienes jurisdiction so that people know who to call to ask Section 504/ADA questions or zegister a complaint. Alternatively, the Subxecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4) Establish a system to record die following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to die call and c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 C.F.R. part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not, on the basis ofdisability: 48 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DacuSign Envelope ICJ: B242B586-7A73-4A28-8682-2CC7ABDF3FCF DEQ Agreement No.: IR004 Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or othex benefits, • deny access to programs, services, benefits or opportunities to participate as a result of physical barriers, or + Deny employment opportunities, including luring, promotion, Graining and fringe benefits, for which they are otherwise entitled or qualified_ The ADA regulations (Title 11, 28 C.F.R. part 35, and Title III, 28 C.F.R. part 36) prohibit discrimination on the basis of disability in employment, State and Local government, public accommodations, commercial facilities, transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of die government entity's size or receipt of Federal funding. Tide Il requires that State and local governments give people with disabilities an equal opportunity to benefit from all their programs, services and activities (e.g. public education, employment, transportation, recreation, health cane, social services,, courts, voting and town meetings). State and local governments are required to follow specific architectuzal standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible alder buildings, and communicate effectively with people who have hearing, vision or speech disabilities_ Title III covets businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own, lease, lease to or operate facilities such as restaurants, retail states, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Section 3 - Econotnic Opportunities for Low- and Very Law -Income Persons Each Subrecipient shall encourage its contractors to hire qualified low- and moderate -income residents for any job openings that exist on CWG-DR-funded projects in the con-umunity, The Subrecipient and its contractors shall keep records to document the number of low- and moderate -income people who are Lured to work on CDBC DR -Funded projects. The number of low- and moderate -income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following clause from 24 C.F.R. § 135.38 is required to be included in CDBG-DR-funded contracts of $100,000 or more. Section 3 Clause A. The work to be performed under tlus contract is subject to the requirements of Section 3 of the Housing and Cuban Development Act of 1168, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects coveted by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are Subrecipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 G.F.R. part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to d-ds contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 tegulations. 49 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B242B566.7A13-4A28-8082-2CC7ASDF3FCF ❑EO Agreement No.: IR004 C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising die labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for ttaining and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to bite, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in tlxis Section 3 clause, upon a Funding that the subcontractor is in violation of the regulations in 24 C ER, part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but Wore the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.I~_R_ part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C F1 R. part 135. F. Noncompliance with I-lilD's regulations in 24 C.F.R. part 135 may result in sanctions, termination of this contracr for default and debarment of suspension from future HUD assisted contracts- G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). — Remalod" of & s page 1s mtenrronal(y left Nei& -- 50 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID' B242B58G-7A73-4A25-a682-2CC7A8DF3FCF DEO Agreement No.: IR004 Civil Rights Regulations As a condition for the receipt of CDBG-DR funds, each Subrecipient must ccrdFy that it will abide by the following Federal laws and regulations: L Title VI of die Civil Bights Act of 1964 — Prohibits discrimination by government agencies that receive Fedcral f coding; 2. Title VU of the Civil Rights Act of 1964 -- prohibits employment discrimination on the basis of race, color, religionx sex or national origin, 3. Title VIII of the Civil Rights Act of 1968 — as amended (the Fair Housing Act of 1988); 4. 24 C.F.R. § 570.487(b) — Affirmatively Furthering Fair Housing; 5. 24 C.F.R. § 570.490(b) — Unit of general local government's record; 6. 24 C.F.R. § 570.606(b) — Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs; Affirmatively Furthering Fair Housing; 9, Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in, denied benefits of or subjected to discrimination under any program or activity receiving CDBG-DR funds because of race, color, religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 C.F,R_ part 8, w1iich prohibits discrimination against people with disabilities; 11. Executive Order 11063 — Equal Opportunity in Housing; 12. Executive Order 11246 — Equal Employment Opportunity; and 13. Section 3 of the Housing and Urban Development Act of 196B, as amended — Employmcnt/lfraining of Lower Income Residents and Local Business Contracting. I hereby certify that T--gc1 n/ u5rz — shall comply with all of the provisions and Federal regulations listed in this attachment. I ux -IT e—r-� Name: ""' Title: 1 `ram f 51 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSlgn Envelope Ip: B2428566-7A93AA28-8692-2CC7ASCF3FCF DEO Agreement No.: IR004 Attachment G — Reports The following reports crust be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this Agreement. 1. Monthly progress Report must be submitted to DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEC) no later than the 10h of every April, July, October and January. 3. A Contract and Subcontract .Activity form, Form HUD-2516, currently available at https://www.I-lud.gov/sites/documents/DOC--36660; which is incorporated herein by reference, must be submitted by .April 15 and October 15 each year through dw DEO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period, the farm must indicate "no activity". The Subrecipient shall closeout its use of the CDBG-DR funds and its obligations under this Agreement by complying with the closeout ptocedures in 2 CFR 200.343. Activities during dus close-out period may include, but are not limited to: making final payments, disposing of program assets (including dw return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to DEO) and determining the custodianship of records, Notwithstanding the terms of 2 CFR 200.343, upon the expiration of this Agreement, the Subrecipient shall transfer to the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds_ Further, any teal property under the Subrecipient's control that was acquired or improved in whole or in part -with CDBG funds (including CDBG funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 C.F.R, part 200, should the Subrecipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with 2 C.F.R. part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's Fiscal year. If the Subrecipient did not meet the audit threshold, an Audit Certification Merno must be provided to DEO no later than nine months from the end of the Subrccipient's fiscal year. 5. A copy of the Audit Compliance Certification form, Attachment j, must be cmailed to audit cr.deo-=flotid., cam within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report form HCTD-60002, must be completed and submitted through DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 7. bequest for Funds must be submitted as required by DEO and in accordance with the Scope of T1 ark -Pw ect.*tail Budget andAcd ty Wh& Plan. 8. All forms referenced herein are available online or upon request from DSO's grant manager for this Agreement. 52 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSlgn Envelope ID: B2429586=7A13-4A28-8582-2CC7ASOF3FCF DED Agreement No.: 1R004 Attachment H — Warranties and Representations Financial Management The Subtecipient's financial nunagerricnt system must comply with the provisions of 2 C.F.R. part 200 (and particularly 2 C.F.R 200.302 titled "Financial Management'), Section 218.33, F_S_, and include the following: (1) Accurate, current and complete disclosure of the financial results of this project ox program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountabiUry for all funds, property and other assets. The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Funds (RFh")_ Whenever appropriate, financial information should be related to performance and unit cost data. (5) Wtitten procedures to determine whether costs are allowed and reasonable under the provisions of the 2 C.F.R. part 200 (and particularly 2 C.F.R. 200 Subpart E titled "Costs Principles') and die terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 C.F.R. §§ 200.318-200,326 and be conducted in a manner providing Full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or elirninatc competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advaihtageous to the program, considering the price, quality and Other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the: Subrecipient. Any and all bids or offers may be rejected if there is a sound, documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and admitstration of contracts. No employee, officer or agent shall participate in the selection, award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer or agent, any member of his or her immediate family, his ox her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in a tangible personal benefit from a farm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 C.F.R. � 200.318(c)(1),) Business Hours The Subrecipient shall have its offices open For business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall meant normal business .hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All contractors or employees lured by the Subrecipient shall have all current licenses and permits requited fox all the work for which they are hired by the Subrecipient. 53 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope Ia: 82428586-7A13-4A28-0882-2CC7A8DF3FCt DEO Agreement No.: 1R004 Attachment Y — Audit Requirements The administration of resources awarded by DFO to the Subrecipient may be subject to audits -and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F - Audit Requirements, and section 215,97, F.S., as revised (see "Ai1DI'I`S" below), monitoring procedures may include, but not be lirriited to, on -site visits by DEO staff, limited scope audits as defined by 2 CFR §200.425, or other procedures, By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In die event DEO determines dhat a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by DECK staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial. Officer (CFO) or Auditor General - PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or nonprofit organization as defined in 2 CFR 5200M, §200.64, and g200.70, 1. A Subrecipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with tic provisions of 2 CPR 200, Subpart F - Audit Requiremenrs. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal yeax, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §5200,502-503. An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR 5200.514 will meet the requirements of this Part_ 2, For the audit requirements addressed in Part I, paragraph 1, die Subrecipient shall fulfill dhe requirements relative to auditcc responsibilities as provided in 2 CFR §§200,508-512. 3. A Subrecipient that expends less than $750,000 in federal awards in its fiscal yeat is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If die Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance widh the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e_, the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). TART II: STATE FUNDED. This part is applicable if the Subrecipient is a rion-state entity as defined by Section 215.97(2), F.S. In die event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient must have a state single or project -specific audit for such fiscal year in accordance "Ath section 215,97, la.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General, EXHIBIT 1 to this farm lists the state Financial assistance awarded through DELI by this agreement, In determ4 ing the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state ftriancial assistance, including state financial assistance received from DEO, other state agencies, and other nonstate entities. State Financial. assistance does not include federal direct of pass -through awards and resources received 54 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envefopo 107 B2426586-7A13-4A28-8682-2CC7A8DF3FCF DLO Agreement No.: fR004 by a nanstate entity for federal program marcl•}ing xequirements. 2 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S, This includes submission of a financial reporting package as defined by section 215,97(2), F.S,, and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the Subrecipienr czpends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F_S., the cost of die audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subxecipicnt's resources obraintcl from other than state entities). PART III: OTHER AUDIT REQUIREMENTS (NOTE Thi part would he used to pecify an additional audit regrrirenrents irrrpaserl by t& Stale awarding enlily that are solely a matter of that State award ng enjio'r policy (i.e., the au& a not regerered fiy Federal or.Slate laws and it not an wr gel:with other Federal or State audit requirements). Purruant to ectrun 2 5.97(8J, a~ S., .State a encYes miry tzwdoa or arrange fur audits u. f state fnnanrcai assulatrce flex are, in addi)iou to audits condiwed in aamdame with Seelion 21 S. 97, F S, In such an evewi, tie ,Stale awardairg agency must arrange far firrrding the full oast of suer ad tronal arrrlilr J N/A PART TV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by fart I of this form shall be submitted, when required by 2 CFR 5200,512, by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 5200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2 Copies of financial reporting packages required by Part 11 of this form shall be submitted by or on behalf of the Subrecipient direck to each of the following DEO at each of the following addresses: Electronic copies (preferred): or Paper (hard copy): Audit a.dco.myflorida.com Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 1), The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building„ Room 401 111 West Madison Street Tallahassee., Florida 32399- 1450 55 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 ❑pcuSign Envelope ID' 0242B58$-7A13-4A28-&6B2-2CC7A8DF3FCF DEO Agreement No.: 1R004 The Auditor General's website (https://flauditor,gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient irec 1 to: Electronic copies (preferred): or Paper (hard copy): AuditRdco.myflnticia.com Department Economic Opportunity MSC ## 130, Caldwell Building 107 East Madison Street Tallahassee,, FL. 32399-4126 4 Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, 1~_S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor Genoa], as applicable.. 5 Subrecipients, when submitting financial reporting packages to DEO for audits done in accordance xvirh 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit acid for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subreripient in correspondence accompanying the reporting package. PART V. RECORD RETENTION. The Subrecipient shaU retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all repotting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DHO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request for a period of sip: (6) years From the date the audit report is issued, unless extended io wxitirig by DEO. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise From it, or until the end of the controlling period as identified above, whichever is longer. Remainder of&ii page r`s in tenH0DA- lylo'ft bl tilt — 56 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E814lF01E832 DocuSign Envelope 0: 82428686-7A13-4A28-8G82-2CC7A8DF3FCF DEO Agreement No.: IR004 Exhibit I to Attachment I — Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: Federal Funds Obligated to Subrecipient: Catalog of Federal Domestic Assistance Title: Catalog of Federal Domestic Assistance Number: Project Description: U.S. Department of Housing and Urban Development $1,921,734 Community Development Block Grants/State's Program and Non-Entidement Grants in Hawaii 14-M Funduig is being provided for needed infrastructure improvements to benefit low and moderate -income persons residing in the Subrecipient's jurisdiction. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401- 290.046, F.S, 2. The Subrecipient shnIl perform its obligations in accordance with 24 C,F.R. % 570,480 — 570,497, 3. The Subrecipient shall perform the obligations as set Forth in rtus Agreemexat, including any attachments or exhibits thereto. 4. The. Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C. 5. The Subrecipient shall be governed by all applicable laws, rules and regulations, including, but not necessarily hnr ted to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipicnt's Notice of Subgxant Awatd/Fund Availability (NFA). State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/mil Matching Resources for Federal Programs: N/,-1 Subject to Section 215.97, Florida Statutes; NIA Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: NIA NOTE: `line 2 C.F.R. § 240.331 and Section 215.97(5), F.S., requite that the irtformAaon about Federal Prngrams and Statc Projects, included in Exhihit 1 and die Notice of 5u1VAnt Award/Fund Availability be provided to the Subrecipient 57 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope la: 132426586-7Ai34A28-8882-2CCrA&DF3FCF DEO Agreement No.: IR004 Attachment j — Audit Compliance Certification Breads dopy ofthis fnrm within SO days ofthe end ofcsch fiscalyerriO WAieb this suhgsnntwrs opee to iud ff@dco,my9onW9.cam. Subrecipient: FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its Fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Depatunent of Economic Opportunity (DEO)? ❑ Yes ❑ No If die above answer is yes, atiswer the following before proceeding to item 2. Did the Subrecipient expend $750,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or ptoject-specific audit requirements of Section 215.97, Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2, Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e,g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and DEW ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this Certification: Did the Subrecipient expend $750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable single or ptogram-specific audit requirements of 2 C.F.R. part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 1 and 2 are true and. correct. Signature of Authorized Representative Date Printed Name of Authorized Representative 'tide of Authorized Representative 58 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E814lF01E832 DocuSign Envelope ID: 1324205a6-7A13-4A28-8682-2CC7ASi]F3FGF DEO Agreement No.: IR004 Attachment K — Suurecipient Enterprise Resource Application (SERA) Form 5ubrei:ipient Enterprise Resource Application (SERA) Form Department of Economic Opportunity Ail fields MUST 5ubreeipient Enterprise Resource Application (SERA) be completed for Security Agreement 1 Confidentiality Form for Subrecipienis access to be granted. Section A — Re uestor's Information User Contact Information Primary Unit Information First Name: Organization Name: Middle Name: _ Address: Last Name: City: Job Titte: State: Zip: Phone Number: Region: County: Fax Number: _ Unit(s): Email: Section B — Level of Access Requested PROGRAM PROGRAM PROGRAM READ FULL REASON FOR ACCESS GROUP SPECIFIC ONLY ACCESS WORKFORC All Workforce Programs ❑ E ass ❑ 1.7 WAP ❑ LIHEAP ❑ CSBC CDBG CDOG ❑ CDBG — DR (List below) 131 Section C -- Subreci ient Access Approval Security I Confidentiality Agreement Your supervisor has authgriaed you to have Access to sensitive darn through the use nr the Department or Economic apporntnitp (DEQ) Information Systerm and related media (ka. printed reports, system inquiries, etc.). All confidential Information, pnracularly Personally Identifiable information (Pp) ore subject to the protection of federal, state acid local lows and are to be protected accordingly. Unauthorized access, use, disclosure, modiricarion, andior destruction of confidential information is a crime under state and federal taws, Including, but not limited to The Florida Computer Crimes Act, Chapter 915 Florida Statutes (F.S.) and Florida's Unemployment Compensation Law, Chapter443, F.S. 11 urdficd fhat i have read the securitykonlidentiality stalerrient primed above. t further certify and undcrsland lhat uanutborixed access, tine modificalion, dissemination, andlor destruction of confidential information may be punishable as a crime nndlin reaull id disciplinary aetion taken against me. I acknowledlyc thus I hill r received, read and that I understand Chapter 815, F.B. and have received any necessary elarifitmion from my supervisor. Requestof's Signature Supervisor's Signature CFO 1 Execulivo Director's Signature Prml/Type Name Date PnntType Name Date Print(Type Name Date 59 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B2420586-7A13-4A28-8682-2CC7AeDF3FCF Signmtll re Signature Section D — DEO Authorization SERA ROU DEO Program Approval DEO OFM Approval _ DEO Seeurity Olrieer's Approval $ighalure ['riut Name Dniv DEO IT. Activated Innctivaled: _ Date Date DEO Agreement No.: IR004 SERA PROFIGF. Print N3mt UJO, Print name Date - End of Attachment K — 60 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope 10: B2425586-7A13-4A28-8682-2CC7A8DF3FCF ❑EO Agreement No.. IR004 Attachment L 2 CFI. Appendix 11 to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable, (A) Contracts for more than die simplified acquisition threshold currently set at 5150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authori,ed by 41 U.S.C;. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which itwill be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order L 1246, "Equal Employment Opportunity" (30 Fit 12319, 12935, 3 CFR Parr, 1964-1965 Comp., p. 339), as amended by 1 _xecutive Order 11375, "Amending Executive Order 11240 Relating to Equal Employment Opportunity," and imp Lementing regulations at 41 CFR part 60, "Office of f edctal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D)Davis-Baton Act; as amended (40 U.S.C. 3141-3149). When required by federal program legislation, all prune construction contracts in excess of $2,000 awarded by non -Federal entities most include a provision For compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 31.6-31.18) as supplemented by Department of Labor regulations (29 CFR Part 5, `Labor Standards Provisions Applicable to Contracts Coveaing Federally Financed and Assisted Construction'D. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the constructions, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entided. Thenon-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E)C;onrract Work I lours and Safety Startdords Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U,S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 Cf,R Putt 5). Under 40 1J_S_C. 3702 of the Act, each contractor crust be required to compute the wages of every mechanic and laborer on the basis of a standard work RE DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Erlvebpe W: B2428586-7A13-4A2$-8682-2CC7A8DF3FCF DEO Agrecment No.: IR004 week of 40 hours, Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rare of pay for all hours worked in excess of 40 hours in the work week. The requurements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or undex working conditions which are unsanitary, hazardous or dangerous_ Tbtse requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, of contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR 9 401.2 (a) and the recipient or subxecipient wishes to enter into a contract wida a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 Cf R Part 401, "Rights to Inventions Made by Nonprofit OrF ni2ations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,,, and any implementing regulations issued by the awarding agency, (G)Clean jVx Act (42 U.S.C. 7401-76714) and the Federtl Water Pollution Control Act (33 U.S_C. 1251- 1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7101-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C:FR 180_220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SANk , in accordance with the COMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CPR part 1986 Comp., p.189) and 12689 (3 CFRpart 1989 Camp., p. 235). "Debarment and Suspension," SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible undex statutory of regulatory authority other than Executive Order 12549. (I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Leach tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization For influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C: 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award, Such disclosures are forwarded from der to tier up to die non -Federal award. (J) See § 200.322 Procurement of recovered materials. [78 I+R 78608, Dec_ 26, 2013, as amended at 79 IaR 75889, Dec, 19, 2014] % DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B242B56B-7At3-4A2"BB2-2CC7AbDF3FCF DEO Agreement No.: 1R004 Attachment M State of Florida Department of Economic Opportunity Federally -Funded Community Development Block Grant Disaster Recovery (CDBG-DR) Subrogation Agreement This Subrogation and .Assignment Agreement C'Agreement") is made and entered into on this 14th day of September - 2020, by and between City of Edgewater (hereinafter referred to as "Subrecipient' and the State of Florida, Department of Economic Opportunity (hereinafter referred to as "DEG"). In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, die "Grant Proceeds') under the DEO Community Development Bloch Grant -Disaster Recovery Program (the "CDBG-DR Program!j administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights m reimbursement and all payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency ("FEMA'� or die Small Business Admuustration ("SBA'D (singularly, a "Disaster Program" and collectively, die "Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-DR Program and that are determined in the sole discretion of DEC) to be a duplication of benefits ("DOB"} as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph, whether they are from insurance, FEMA or the SBA or any other source, and whether or not such amounts are a DOH, shall be referred to herein as "Proceeds," and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds_" Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will deterniine in its sole discretion if such additional amounts constitute a DOH. If some or all of the Proceeds are determined to be a DOB, the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-DR Program. Subrecipient agrees to assist and cooperate with DRO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional documentation vvndt respect to such consent, giving depositions, providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEC). Subrecipient further agrees to assist and cooperate in the attainment and collection of any, DOB Piocceds that the Subrecipient would be entitled to under any applicable Disaster Program. If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under flee CDBG-DR Program the Policies, any amounts received under the Disaster programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, 63 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 0acuSign Envelope ID: B24ZB586-7A13-4A28-9662-2CC7A9DF3>=CF DEO Agreement No.: 1R004 or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds, any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under dus Agreement and give Subtecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender, to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-DR Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to :receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds Chat are DOB Proceeds C Subsequent DOB Proceeds"). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: 1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient, 3. If the Subrecipient has received a portion of the Grant Procceds, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient; and (13) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4_ If DEO makes the determination. that the Subrecipient does not qualif , to participate in the CDI3G- DR program or die Subrecipient determines not to participate in the CDBG-DR Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shall terminate. Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient, DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. Miming.- Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. The person executing this Agreement on behalf of dic Subrecipient hereby represents that he\zhe has received, read, and understands this notice of penalties for malting a false claim or statement -regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. 64 DocuSign Envelope ID:4CB1A690-F61E-413B-A418-E8141F01E832 DocuSign Envelope ID: B24213586-7A13-4A26-86$2-2CG7A8OF3FCF SUBRECIPIENT: Title: ' M-AVQE Date: September 14 2020 DEPARTMENT OF ECONOMIC OPPORTUNITY- By: FDocuSigned by: VAVj- f+ Name: ne agle Title: N40"Wor Date: 65 DEO Agreement No.: IR004 DocuSign Envelope ID: FC2C6873-2260-4COE-83D4-5720866BD562 DEO Agreement Number: IR004 AMENDMENT TWO TO THE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR) INFRASTRUCTURE REPAIR PROGRAM SUBRECIPIENT AGREEMENT On November 2, 2020 the State of Florida, Department of Economic Opportunity ("DEO"), and the City of Edgewater, Florida ("Subrecipient") entered into agreement IR004 ("Agreement"). DEO and the Subrecipient may individually be referred to herein as a "Party" or collectively as the "Parties". WHEREAS, Section 4, Modification of Agreement, of the Agreement provides that any amendment to the Agreement shall be in writing executed by the Parties thereto; and WHEREAS, the Parties wish to amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Section 14, Citizen Complaints, is hereby deleted in its entirety and replaced with the following: (14) Citizen Complaints. The goal of DEO is to provide an opportunity to resolve citizen complaints in a timely manner, usually within fifteen (15) business days of the receipt of the complaint as expected by HUD, if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies. All applications, guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. The Subrecipient will handle citizen complaints by: (a) Conducting investigations, as necessary; (b) Finding a resolution; or (c) Conducting follow-up actions. Program Appeals Applicants may appeal program decisions related to one of the following activities: (a) Aprogram eligibility determination; (b) A program assistance award calculation; or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal with the Office of Long -Term Resiliency by email at CDBG-DR@deo.mvflorida.com or by mail to the following address: Attention: Office of Long -Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building, MSC 420 Tallahassee, Florida 32399 Page 1 of 3 Date revised 4/19/2022 DocuSign Envelope ID: FC2C6873-2260-4COE-83D4-5720866BD562 DEO Agreement Number: IR004 HUD Complaints If the complainant is not satisfied by the Subrecipient's determination or DEO's response, then the complainant may file a written appeal by following the instructions issued in the letter of response. If the complainant has not been satisfied with the response at the conclusion of the complaint or appeals process, a formal complaint may then be addressed directly to the regional Department of Housing and Urban Development (HUD) at: Department of Housing & Urban Development Charles E. Bennet Federal Building 400 West Bay Street, Suite 1015 Jacksonville, FL 32202 Fair Housing Complaints The Florida Office of Long -Term Resiliency operates in Accordance with the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/fairhousing. 2. All other terms and conditions remain in effect. — Remainder Left Intentionally Blank — Page 2 of 3 Date revised 4/19/2022 DocuSign Envelope ID: FC2C6873-2260-4COE-83D4-5720866BD562 DEO Agreement Number: IR004 IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and provisions of DEO Agreement Number IR004, as amended. This Amendment is effective on the date the last Party signs this Amendment. CITY OF EDGEWATER, FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY SIGNED: SIGNED: MICHAEL THOMAS MEREDITH IVEY MAYOR ACTING SECRETARY DATE: DATE: Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: Approved Date: Page 3 of 3 Date revised 4/19/2022 DocuSign Envelope ID: 9B2A81A4-F632-4256-9680-98BB32B18387 DocuSign Envelope ID: 9B2A81A4-F632-42WS680-98BB32B18387 DEO Agreement No.: IR004 AMENDMENT ONE TO SUBRECIPIENT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND CITY OF EDGEWATER On November 2, 2020 the State of Florida, Department of Economic Opportunity ("DEO'� and the City of Edgewater ("Subrecipient'), entered into Federally -Funded Community Development Block Grant Disaster Recovery (CDBG-DR) Infrastructure Repair Program Subrecipient Agreement, DEO Agreement No. IR004 (hereinafter, "CDBG-DR Infrastructure Agreement'. DEO and the Subrecipient may individually be referred to herein as a "Party" or collectively as the "Parties." WHEREAS, Section (4) of the CDBG-DR Infrastructure Agreement provides that any modification to the CDBG- DR Infrastructure Agreement shall be executed in writing by the Parties thereto; and WHEREAS, the Parties wish to amend the Contract as set forth herein. NOW THEREFORE, the Parties hereby agree to the following 1. Section (3),Period of Agreement, is hereby deleted and replaced with the following - This agreement is effective on November 2, 2020 (the "Effective Date"} and ends on November 1, 202% unless otherwise terminated as provided in this Agreement. DEC) shall not grant any extension of this Agreement unless the Subredpient provides justification satisfactory to DEO in its sole discretion and DSO's Director of the Division of Community Development approves such extension. 2. Section 16 (b) is hereby deleted and replaced with: The name and address of DEO's Grant Manager for this Agreement is: Samuel Lon 107 E. Madison Street Tallahassee. FL 32399 Office: 850-921-3279 Emil: S2muel.Long@deo.myflorida.co 3. Section 27 Employment Eligibility Verification is hereby deleted and replaced with the following. (27) Employment Eligibility Verification. (a) Section 448.095, F.S., requires the following 1. Every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. 2. A private employer shall, after making an offer of employment which has been accepted by'a person, verify such person's employment eligibility. A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a person is a contract employee retained by a DocuSign Envelope ID: 9B2A81A4-F632-4256-9680-98BB32B18387 DocuSign Frvelope ID: 9B2A81A4-F632-4256-9680,98BB32B18387 DEO Agreement No.: IR004 private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. (b) E-Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E- Verify system can be found ar. haps://www.e-verify.Lyov/ (c) If the Recipient does not use E-Verify, the Recipient shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. 4. The following attachments is hereby deleted in its entirety and is replaced by the revised Attachments, which is attached hereto and incorporated herein by reference. • Attachment A — Scope of Work • Attachment B — Project Budget • Attachment C — Activity Work Plan 5. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full force and effect. — Remainder of this page is intentionally left blank — 2 DocuSign Envelope ID: 9B2A81A4-F632-4256-9680-98BB32B18387 DocuSign Envelope ID: 9B2A87A4-F832-4258-9680-98BB32818387 DEO Agreement No.: IR004 IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties agree to abide by the terms, conditions, and provisions of DEO Agreement No. IR004 as amended. This Amendment is effective the date the last Party executes this Amendment. CITY OF PG EW R By By ignature ichael Thomas Title Mayor Date �r 1 ao -aa Federal Tax ID # 59-6000314 DUNS # 782080501 DEPARTMENT OF ECONOMIC 0 P P 0 RUN..I Y Dane Eagle Title Secre Date 5/16/2022 Approved as to form and legal sufficiency, subject only to full and proper execution by the Patties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY -- DocuSlpned by: Approved Date: 5/11/2022 3 DocuSign Envelope ID: 9B2A81A4-F632-4256-9680-98BB32B18387 DocuSign Envelope ID: 9B2A81A4-F632-4258-8680-98BB32B18387 DEO Agreement No.: IR004 ATTACHMENT A - PROJECT DESCRIPTION AND DELIVERABLES 1. PROGRAM DESCRIPTION: The U.S. Department of Housing and Urban Development (HUD) allocated Community Development Block Grant Disaster Recovery (CDBG-DR) funds to the State of Florida to be distributed in the Federal Emergency Management Agency (FEMA) declared counties impacted by Hurricane Irma. The Florida Department of Economic Opportunity (DEO) was awarded $85,819,653 in Infrastructure repair funding through the Community Development Block Grant -Disaster Recovery (CDBG-DR) Program by the U.S. Department of Housing and Urban Development (HUD) to address unmet disaster recovery needs related to damages from Hurricane Irma. Projects that are eligible under the CDBG-DR Infrastructure Repair Program include: 1. Restoration of infrastructure damaged by Hurricane Irma (including water and sewer facilities, streets, provision of generators, removal of debris, drainage, bridges, etc.); 2. Water and sewer facilities have been identified as areas of critical importance. Projects involving these type facilities; 3. Public facilities such as emergency community shelters; 4. Demolition, rehabilitation of publicly or privately owned commercial or industrial buildings; and 5. Economic revitalization which includes any CDBG-DR eligible activity that demonstrably restores and improves some aspect of the local economy. 2. PROJECT DESCRIPTION: The City of Edgewater has been awarded $1,821,734.00 of CDBG-DR funds to repair damaged and restricted drainage canals in the Hart Avenue Drainage Basin. The City will replace the undersized storm water drainage ditches with properly sized stormwater piping, relocated into the existing right of ways. The improvement of the storm drainage in the service area will significantly reduce the flooding in the Hart Avenue Service Area during future storm events. Restoration of Infrastructure Damaged by Hurricane Irma: a) This project will be overseen by the City of Edgewater. Proper procurement shall be required for all administrative, engineering, and construction services. b) Construction could begin upon completion of design, environmental, and procurement processes. c) The project will meet the low- and moderate- income National Objective in that the Hart Avenue service area has an LMI of 57.63% (Census Block Tract). a. Total Beneficiaries: 885 b. Total LMI Beneficiaries: 510 The City of Edgewater will leverage funds toward the design/engineering and construction of this project. Construction in this project will be conducted in Flood Zone AE. The City of Edgewater participated in the National Flood Insurance Program. 4 DocuSign Envelope ID: 9B2A81A4-F632-4256-9680-98BB32B18387 DocuSign Envelope ID: 9B2A81A4.F632-4256-9680-98BB32B18387 DEO Agreement No.: IR004 3. SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval within forty-five (45) days. The staffing plan must include the following: 1) Organizational Chart; and 2) Job descriptions for Subrecipient's employees, contracted staff, vendors and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty (30) days of Agreement execution. The DEO Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1) Procurement policies and procedures that incorporate 2 CFR Part 200.317-327. 2) Administrative financial management policies, which must comply with all applicable HUD CDBG-DR and State of Florida rules. 3) Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-DR and DEO policies. 4) Policies and procedures to detect and prevent fraud, waste and abuse that describe how the subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored, and procedures for referring instances of fraud, waste and abuse to HUD OIG Fraud Hotline (phone:1-800-347-3735 or email hotlim@hudoi¢g. vl. 5) Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG- DR grant funds when available. D. Upload required documents into a system of record provided by DEO. E. Complete and submit an updated Project Budget (Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEO Grant Manager. F. Maintain organized subrecipient agreement files and make them accessible to DEO or its representatives upon request. G. Comply with all terms and conditions of the subrecipient agreement, Infrastructure Program Guidelines, Action Plans, Action Plan amendments, and Federal, State and local laws. H. Provide copies of all proposed procurement documents to DEO ten (10) business days prior to posting as detailed in Section (17) of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by DEO Grant Manager. Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. I. Provide the following documentation to DEO within ten (10) calendar days after the end of each month: 1) A revised detail report measuring the actual cost versus the projected cost; 2) An updated Attachment C which documents any changes to the projected progress along with justification for the revision. J. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Infrastructure Program Guidelines and report actual progress against the projected progress ten (10) calendar days after the end of each month. K Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quartet 1) Submit updated organization chart on a quarterly basis with quarterly report, 2) If staffing changes, there must be a submittal stating the names, job descriptions, on the monthly report deadline; 3) A progress report documenting the following information: a) Accomplishments within the past quarter; b) Issues or risks that have been faced with resolutions; and DocuSign Envelope ID: 9B2A81A4-F632-4256-9680-98BB32B18387 DocuSign Ermlope ID: 9B2A81A4-F632-4256.8680-98BB32B16387 DEO Agreement No.: IR004 c) Projected activities to be completed within the following quarter. L. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C-Activity Work Plan. If Subrecipient is unable to meet a deadline with thirty (30) calendar days of the due date, Subrecipient shall request an extension of such deadline from DEO in writing no later than thirty (30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (4) Modification of Agreement. M. Close out report will be no later than sixty (60) calendar days after this Agreement ends or is otherwise terminated. N. Subrecipient shall provide pictures to document progress and completion of tasks and final project. 4. ELIGIBLE TASKS AND DELIVERABLES: Subrecipient shall complete the following: A. Deliverable No. I — Project Implementation Tasks that are eligible for reimbursement are as follows: 1. Professional services to the City for technical assistance and program management (Davis -Bacons review, Section 3 activities). 2. Environmental review, administrative activities (Environmental Exemption, Public Notice Publication(s), etc.). 3. Grant management to include invoicing, record keeping, prepare and award bids to vendors. 4. Project Closeout, Engineer's Certification of Completion, Grant Closeout Package Completed and Submitted to DEO. B. Deliverable No. 2 — Engineering Services Tasks that are eligible for reimbursement are as follows: 1. Create a full design package(s), signed and sealed by a Professional Engineer (PE) licensed in the State of Florida, including engineering drawings, specifications, construction cost estimate, surveys, and any other reports, documents, or information relevant to this project and meet all local current hurricane code ratings, local codes and building codes. 2. Obtain copies of all permit applications, correspondence with permitting agencies, final permits, and any other permit -related documentation for the project. 3. Conduct an Environmental Review/Assessment in accordance with DEO Policies and the National Environmental Policy Act referenced in Attachment D, 4., b. of this agreement. C. Deliverable No. 3 — Construction Tasks that are eligible for reimbursement are as follows: 1. Acquisition of property located at 405 Hart Avenue, Edgewater, FL, in compliance with all applicable Federal and State regulations, to include, but not limited to NEPA/Environmental Assessment and the Uniform Relocation Act (URA); 2. Acquisition of easements in compliance with all applicable Federal and State regulations, to include, but not limited to NEPA/Environmental Assessment and the Uniform Relocation Act (URA); 3. Site preparation and/or mobilization; 4. Purchase of materials and construction of soil erosion controls; 5. Purchase of materials and construction of traffic maintenance detours; 6. Purchase of materials and construction of a retention pond at 405 Hart Avenue; 7. Purchase of materials and construction of stormwater piping of retention pond; 6 DocuSign Envelope ID: 9B2A81A4-F632-4256-9680-98BB32B18387 DocuSign Envelope ID: 9B2A81A4-F632-4258-968o-98BB32Sl8387 DEO Agreement No.: IR004 8. Purchase of materials and construction of stormwater structures of retention pond; 9. Purchase of materials and relocation of utilities, coordination abandonment, and modification of existing facilities; 10. Purchase of materials and installation of water main; 11. Purchase of materials and restoration of areas affected by construction; and 12. Conduct project closeout inspection. 5. DEO RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEO in its discretion. B. Assign a Grant Manager as a point of contact for Subrecipient. C. Review Subrecipient's invoices described herein and process them on a timely basis. D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at DEO's sole and absolute discretion, and process payments to Subrecipient. 6. DELIVERABLES Deliverable No. 1— Pm'ect Impcementation TASKS MINIMUM LEVEL OF FINANCIAL SERVICE CONSEQUENCES Subrecipient shall complete tasks Subrecipient may request Failure to complete the Minimum as detailed in Section 4.A above reimbursement upon completion of Level of Service as specified shall of this Scope of Work. a minimum of one (1) task in Section result in non-payment for this 4.A of this Scope of work on a per deliverable for each payment completed task basis associated with request. a completed task as identified in Deliverables 2 and 3 as evidenced by submittal of the following documentation: 1)Timesheet & Payroll documentation; 2)Summary of Project Implementation activities performed; 3)Summary of Environmental Review administrative activities performed; 4)Davis Bacon reviews (f applicable); and 5) Invoice package in accordance with Section 7 of this Scope of Work. Deliverable 1 Cost- $90,000.00 Deliverable No. 2 — Engineering TASKS MINIMUM LEVEL OF FINANCIAL CONSEQUENCES SERVICE 7 DocuSign Envelope ID: 9B2A81A4-F632-4256-9680-98BB32B18387 DocuSign Envelope ID: 9B2A81A4-F632-4258-9880-98BB32B18387 DEO Agreement No.: IR004 Subrecipient shall complete task Subrecipient may request Failure to complete the Minimum as detailed in Section 4.B. above reimbursement upon Level of Service as specified shall of this Scope of Work. completion of a minimum of result in non-payment for this one (1) task in accordance with deliverable for each payment request. Section 43 of this Scope of Work, evidenced by submittal of the following documentation: 1) Engineering design working drawings and associated cost estimates; 2)Copies of all required permits. 3)Invoice package in accordance with Section 7 of this Scope of Work. Deliverable 2 Cost- $250,000.00 Deliverable No. 3 —Construction TASKS MINIMUM LEVEL OF FINANCIAL CONSEQUENCES SERVICE Subrecipient shall complete task Subrecipient may request Failure to complete the Minimum as detailed in Section 4.C. above reimbursement upon Level of Service as specified shall of this Scope of Work. completion of the activities in result in non-payment for this accordance with Section 4.0 of deliverable for each payment request. Total Acquisition cost this Scope of Work in the reimbursement not to exceed following increments: 25%, $152,500. 50%, 75%, and 100°/u, evidenced by submittal of the Total Construction cost following documentation: reimbursement cost not to exceed 1) AIA forms G702 and G703, $1,329,234. or similar accepted DEO form, completed by a licensed professional certifying to the percentage of project completion; 2) Photographs of project in progress and completed; and 3) Invoice package in accordance with Section 7 of this Scope of Work. .00 Deliverable 3 Cost- $1,48E734 Total Project Costs Not to Exceed $1,82.00 COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DEO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 100/6 of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this Agreement. 8 DocuSign Envelope ID: 9B2A81A4-F632-4256-9680-98BB32B18387 DocuSign Envelope ID: 9B2A81A4-F632-4256-368O-88BB32B18387 DEO Agreement No.: IR004 7. INVOICE SUBMITTAL: DEO shall reimburse the Subrecipient in accordance with Section 6, above. In accordance with the Funding Requirements of s. 215.971(1), F.S. and Section (20) of this Agreement, the Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures: (https:/� floridacfo.-com/Division/AA/Manuals/documents/RefcrenceGuideforSta&cE=enditures.pdE). A. Subrecipient shall provide one invoice per month for services rendered during the applicable period for the outlined tasks in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice- 1 - A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 6, DELIVERABLES, of this SCOPE OF WORK; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project, is complete. Include if applicable to your program 4. Photographs of the project in progress and completed work; If applicable to your program 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. C. The Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DEO's Subrecipient Enterprise Resource Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the agreement. Remainder of this page is intentionally left blank 9 00 M CD 00 N M m m O i O CD f0 rn (D LO N N M LOL Q NN m 0 m Q 0 LU U O e ui C a 0 0 0 I O z a 4) a a E. 0 �z a uz 0 w E� Ow a� H z� 'u u� a u pa ]z 0 0 z � 4.0 • O .r y ��•3�c� C Ogg 4 ��' 8 •� m A y g a • v o �+ �' '1;' I a L 00 u Mo u c 0 m E� Q 3 v v+ C U mD ui %p 0 a. u C 0 w q 2 � k r. 19 0.4 � � � � A E. � ¢ 19 $ J = 2 2 / J k � m�� @ �§§ 2%7ƒ i f«�k �m§k O ` ■ - ����� - �§��� ` © o is; d A � � kw§mQ N • � ABk�$2 K 7■� §2 e $ �aa2 Q � � ƒ �k A � �a 2 City of Edgewater EDGEWATER Legislation Text File #: AR-2023-228, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Engineering Design for Duck Lake Outfall DEPARTMENT: Environmental Services 104 N. Riverside Drive Edgewater, FL 32132 SUMMARY: Staff requested a proposal from the engineering firm Halff, Inc. under the terms of the City's continuing services contract RFQ 19-GS-011 - Continuing Professional Engineering Services for the engineering design, permitting, and construction documents preparation of a stormwater control structure and outfall pipe to improve drainage from an old borrow pit in the vicinity of 16t' Street and Kumquat Drive sometimes known as Duck Lake. This pond receives stormwater runoff from the surrounding residential neighborhood, including via a piped connection from the stormwater treatment pond at the intersection of Regent Street and Bond Street, however the borrow pit has no engineered outfall path to a public conveyance. The proposal is to design a new control structure and outfall pipe along Lime Tree Drive so that during major storm events, the peak water stage will discharge into the 18t' Street Canal and not backup into nearby homes. This project will require permitting through the St Johns River Water Management District and potentially other regulatory agencies. BUDGETED ITEM: M Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes M No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve the proposal from Halff Inc. in the amount $137,100 and authorize the City Manager to sign any required documents. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM ._. haff ■■■ VIA EMAIL girby(a)_cityofedgewater.or May 12, 2023 Glenn Irby City Manager City of Edgewater 104 N. Riverside Drive Edgewater, FL 3213232751 RE: PROPOSAL/AGREEMENT FOR LIME TREE DRIVE STORMWATER, EDGEWATER, FLORIDA, VOLUSIA COUNTY (AVO 044629.008) Dear Mr. Irby: Enclosed please find our proposal for civil engineering and surveying services necessary to complete the above -referenced project, as requested. Please sign, date, and complete the Client Information form for billing purposes. Should you have any questions, please feel free to contact me at 352-343-8481. Sincerely, HALFF Brett J. Tobias, P.E. Team Leader btobias(a)halff.com BJT:am Enclosure Cc: Idproposals(a)halff.com 902 N. Sinclair Ave., Tavares, FL 32778 1 haLff.com .E .halff VIA EMAIL girby(a)cityofedgewater.or May 12, 2023 Glenn Irby City Manager City of Edgewater 104 N. Riverside Drive Edgewater, FL 3213232751 RE: PROPOSAL/AGREEMENT FOR LIME TREE DRIVE STORMWATER, EDGEWATER, FLORIDA, VOLUSIA COUNTY (AVO 044629.008) Dear Mr. Irby: Scope of Services — Halff Associates, Inc. Introduction Complete surveying and civil engineering services as required for the construction of a stormwater overflow structure from the intersection of Lime Tree Drive and 17t" Street, running south along Lime Tree Drive to the stormwater canal roughly 725 feet south of the intersection. This proposal assumes that the City of Edgewater will internally review, and that a formal application and subsequent permitting process will not be required by the City. PHASE 100 TOPOGRAPHIC SURVEY FOR ENGINEERING DESIGN Perform a Topographic/Route Survey of the site shown below in Survey Exhibit "A" (area outlined in red). Existing improvements including above ground evidence of utilities, delineated/flagged underground utilities marked by others, storm drainage structures, wells, weir structures, lichen lines, tanks, buildings and visible equipment will be located and depicted in the Civil 3D file. Full right of way along 17th Street and Lime Tree Drive South of Duck Lake Park will be determined. The survey will include spot elevations to determine a 1-foot digital terrain model, and coverage will extend 10 feet beyond the limit lines. Topographic Survey will also include a minimum of 4 SITE CONTROL POINTS/BENCHMARKS and will be depicted in the final Autocad file. Proposal includes approximately 10 soft digs as determined by project engineer. FEE: $60,000.00 902 N. Sinclair Ave., Tavares, FL 32778 1 halff.com .E .halff SURVEY EXHIBIT "A" I ! . Survey Deliverables 1. Civil 3D base file 2. Electronic Files (PDF & AutoCAD) will be released to the client/engineer within 12 months of the date of survey or until the contract is closed. ESTIMATED COMPLETION TIME FOR PHASE 100 IS 60-75 BUSINESS DAYS UPON RECEIPT OF SIGNED CONTRACT. PHASE 200 ENVIRONMENTAL A. ENVIRONMENTAL SITE EVALUATION/WETLAND DELINEATION a. Review the project area to map and assess the extent and condition of the onsite habitats. Each habitat type will be mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCFCS: Florida Department of Transportation, 1999). b. Review the project area to locate and flag the boundaries of all wetlands and surface waters that may exist on the site. The landward extent of wetlands and surface waters will be located per the wetland delineation methodology provided in Chapter 62-340, F.A.C., Delineation of the Landward Extent of Wetlands and Surface Waters and the 1987 Corps of Engineers Wetlands Delineation Manual. c. Where possible, mark and flag the hydroperiod levels (seasonal high and normal pool) of wetlands and surface waters on the site. d. Review a draft copy of the wetland delineation survey for conformance with the field review and regulatory agency survey criteria. 902 N. Sinclair Ave.. Tavares, FL 32778 1 haLff.com 6 E haLff e. Prepare a WOTUS Determination Form to document the federal jurisdictional status of the onsite wetlands. f. Conduct meandering pedestrian transect surveys for listed species on the project site. All habitats within the project boundary will be surveyed in general accordance with the Florida Wildlife Conservation Guide (2011) as developed by the US Fish and Wildlife Service (USFWS), Florida Fish and Wildlife Conservation Commission (FWC), and Florida Natural Area Inventory (FNAI). g. Complete a summary report detailing the findings of the site review. Wetland condition and extent will be detailed in the report. A summary of the listed species surveys conducted on the project site will also be provided. If listed species are encountered, their approximate locations will be depicted on an aerial photograph of the project site. Any identified constraints to development of the project due to wetlands or listed species, detailed Recommendations on how to resolve the any identified wetlands or listed species constraints will also be provided to the CLIENT. B. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) ENVIRONMENTAL RESOURCE PERMIT (ERP) a. Prepare wetland assessments utilizing the Uniform Mitigation Assessment Methodology (UMAM) and an environmental narrative to support the ERP application submittal. The narrative will include a detailed discussion of the project site plan, assessments of the upland and wetland habitats and any needed wetland impact areas, and efforts to demonstrate elimination and reduction of wetland impacts. The narrative will also include maps depicting the project environmental conditions and the project wetland impacts based on site plan information. Note this task assumes wetland mitigation will not be required for the project. b. Assist in the preparation and submittal of an ERP application which will include wetland assessments and supporting environmental narrative. c. If required, schedule and attend a maximum of one (1) field meeting with representatives of SJRWMD to review the condition of wetlands proposed to be impacted and the associated UMAM assessment to negotiate the appropriate wetland compensation, if required. d. Respond to two (2) requests for additional information from SJRWMD regarding the ERP application prepared and submitted pursuant to this Task. e. As a part of the application review, the SJRWMD will solicit comments from FWC. Halff will respond to one (1) sufficiency response from this agency in support of the application. Note that this task assumes that no additional research, field data collection/surveys, or project meetings will be required to address any received comments. FEE: $14,500.00 902 N. Sinclair Ave., Tavares. FL 32778 1 half f.com 6 E haLff PHASE 300 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GENERAL PERMIT (IF REQUIRED) This task assumes any impacts to Waters of the United States (WOTUS) will be less than 0.5-acre and will qualify for a 404 General Permit. If impacts to WOTUS are greater than 0.5-acre, then an Individual Permit will be required which would be addressed as an amendment to the contract. h. Complete a wetland functional assessment on each wetland proposed to be impacted by utilizing baseline data and UMAM to estimate the importance of affected wetlands to the surrounding ecological community and the potential effects of the project on wetland functions to determine the significance of impact on each wetland so that mitigation amounts, if required, may be evaluated. Assist and coordinate in the preparation and submittal of an FDEP permit application which will include wetland assessments and supporting environmental narrative. The narrative will include a detailed discussion of the project site plan, assessments of the upland and wetland habitats and wetland impact areas, Alternatives Sites Analysis, and efforts to demonstrate avoidance and minimization of wetland impacts. This narrative will also include a discussion of the proposed wetland compensation and the results of the UMAM to demonstrate adequate compensatory mitigation if required. j. Schedule and attend a maximum of one (1) field meeting with representatives of FDEP to review the condition of wetlands proposed to be impacted and the associated UMAM assessment in order to negotiate the appropriate wetland compensation. k. Respond to two (2) sufficiency responses from FDEP regarding the application. FEE: $5,100.00 PHASE 400 SITE INSPECTION Halff will conduct a thorough site inspection of the Lime Tree Drive area, including the existing retention pond north of 17th street, as well as the existing stormwater system on either side of Bond Street that overflows to the 171h street pond. Inspection will allow engineering to identify possible factors in design and allow for better understanding of natural drainage patterns. FEE: $4,000.00 PHASE 500 STORMWATER MODELING Halff will use collected survey data, relevant GIS data, as well as previous modeling as provided by the city to create a stormwater model of the Bond Street Ponds, the overflow to the 17th street pond, and a proposed overflow from the 1711 street pond to the southern drainage canal. Work will include determination of basin lines, calculation of pervious and impervious areas, soil types, and land uses. Model will run various design storms based on SJRWMD criteria, as well as critical storms for flood protection of the surrounding area. FEE: $15,000.00 902 N. Sinclair Ave., Tavares. FL 32778 1 half f.com O ..E haLff PHASE 600 CIVIL/CONSTRUCTION PLANS Halff will prepare construction plans for a proposed stormwater overflow from the 17th street pond, south along Lime Tree Drive to the southern drainage canal. Plans shall include but not be limited to: Cover Sheet Aerial Photograph Existing Conditions/Demolition plan Stormwater construction plan Utility plan (if adjustments are needed) Construction details plan FEE: $19,500.00 PHASE 700 SJRWMD PERMITTING Halff will prepare and submit a SJRWMD permit implementing the changes created in the stormwater model and calculations. Halff will meet with WMD as needed, answer RAI questions and coordinate the permitting process. FEE: $7,000.00 PHASE 800 PROJECT ADMINISTRATION The scope of services shall include administrative services necessary to coordinate all aspects of the project through the planning, design and permitting phase. These services shall include project scheduling with all regulatory agencies and public utility companies during the design and permitting phase of the project. FEE: $5,000.00 PHASE 900 LIMITED CONSTRUCTION ADMINISTRATION (IF NEEDED) All necessary inspections, final certifications and review of certified as-builts (as provided to Halff Associates, Inc. by a Florida Registered Surveyor), as required by permit conditions which consist of the following: Halff Associates, Inc. will advise and consult with Owner and act as its representative during construction at the Owner's discretion. Coordinate final inspection with City. 902 N. Sinclair Ave., Tavares, FL 32778 1 halff.com 6 E haLff Based upon the on -site observations and a signed and sealed as -built survey provided by a Florida Registered Surveyor, Halff Associates, Inc. shall submit certifications of completions to the owner and the following State and local agencies as required: A. St. Johns Water Management District B. City of Edgewater FEE: $6,000.00 (BUDGET, NOT TO EXCEED, TO BE BILLED HOURLY) TASK 9999 REIMBURSABLES Costs for reimbursables, including printing, copying, blueprints, binding, mileage, etc., shall be billed at the rates shown in the below Rate Schedule, or at cost. FEE: $1,000.00 (BUDGET, TO BE BILLED AT COST) 902 N. Sinclair Ave., Tavares. FL 32778 1 half f.com .E .halff Our fees for the described services are outlined in the following table. We have provided "Lump Sum Fees" for the services identified in the Scope of Work. Lump Sum Fees do not include Reimbursable Expenses directly associated with the project (travel, mileage, reproduction, supplies, and other non -labor reimbursable costs.) Our fee schedule is as follows: SUMMARY FEE SCHEDULE PHASE 100 $60,000.00 PHASE 200 $14,500.00 PHASE 300 $5,100.00 PHASE 400 $4,000.00 PHASE 500 $15,000.00 PHASE 600 $19,500.00 PHASE 700 $7,000.00 PHASE 800 $5,000.00 PHASE 900 $6,000.00 PHASE 9999 $1,000.00 TOTAL $137,100.00 THIS PROPOSAL DOES NOT INCLUDE THE FOLLOWING ITEMS: • Boundary Survey • Soil Boring Location and Elevation Survey • Monumentation of Wetlands for Conservation Easement • Platting • Sketch and Descriptions for Conservation Easements • Recording of Easements • Offsite Right -of -Way survey for utilities. • Tree Survey • As -built Survey • Post -construction Improvement Survey • Construction Staking • Off -site Utilities Design • Off -site Roadway or Transportation Improvements • Pre/Post-development stormwater modeling • Offsite Roadway Design, Access, and Right -of -Way Permitting Services • Offsite Water and Sewer Extensions • Offsite Infrastructure Capacity Studies/Assessments/Analysis/Designs 902 N. Sinclair Ave., Tavares. FL 32778 1 half f.com 6 E haLff • Offsite Stormwater Design • Revisions to the plans requested by the Client/Contractor/Landowner after the plans are approved unless necessitated by discrepancy in the plans • Revisions to the plans due to scope changes, value engineering, budget overruns, or other reasons • LEED Services • Sign Design and Permitting • Gas, Electric, Telephone, and/or Cable Design • Boat Dock and Ramp Design/Permitting • CADD Support for Environmentalist • FEMA CLOMR • FEMA Letter of Map Revision (LOMR) • Flood Studies • NPDES Permitting • Bid Documents and Bidding • Conditional Use Permit • Earthwork Calculations • Construction Administration and Progress Meetings During Construction • Quality Control and Construction Material Testing Services • Rezoning • Land Use Changes • Franchise Utility Coordination • Conversion of AutoCad Files to any other format • Signing and Pavement Marking Plans • Written Specifications • Cost Estimating/Quantity Take -offs and/or Engineer's Opinion of Probable Construction Cost • Subsurface Utility Engineering • Environmental Assessment (Threatened and Endangered Assessment)/Biological Services • Environmental Impact and Cultural Statements and Assessments, Jurisdictional Waters of the US Determination • Architectural, Structural, Mechanical, Fire Protection, or Electrical Services • Army Corp. of Engineers Dredge and Fill • Florida Fish and Wildlife Conservation Commission Permit • Wetland Flagging/Delineation • Landscape/Irrigation Plans • Hardscape, Walls, Entry Features • Lighting/Photometric Design/Site Electrical Design • Electrical Controls for Lift Stations • Geotechnical Investigations • Traffic Study/Impact Analysis • Structural Design of Retaining Walls and Pond Walls • Noise Study • Advance of permit fees, impact fees, title search fees, recording or advertising fees (all fees by CLIENT) 902 N. Sinclair Ave., Tavares. FL 32778 1 half f.com 6 E haLff • The above prices allow for up to two (2) response submittals for any request for additional information letters from referenced agencies. Any additional request's will be billed on an hourly basis based on the attached hourly rate schedule. 902 N. Sinclair Ave., Tavares, FL 32778 1 halff.corn .E .halff HOURLY RATE SCHEDULE (2019) Professional Services shall be charged at the following rate schedule: ENGINEERING PROFESSIONAL ENGINEER (PRINCIPAL) $180.00/HOUR PROFESSIONAL ENGINEER $150.00/HOUR PROJECT ENGINEER $120.00/HOUR ENGINEER TECHNICIAN 1 $110.00/1-10UR ENGINEER TECHNICIAN II $85.00/HOUR BUILDING INSPECTOR $75.00/HOUR CONSTRUCTION ENGINEER $95.00/HOUR I� EXPERT TESTIMONY PROFESSIONAL ENGINEER $300.00/HOUR SURVEYING PROFESSIONAL SURVEYOR (PRINCIPAL) $160.00/HOUR PROFESSIONAL SURVEYOR $125.00/HOUR 4 MAN FIELD CREW $195.00/HOUR 3 MAN FIELD CREW $155.00/HOUR 2 MAN FIELD CREW $130.00/HOUR SURVEY TECHNICIAN I $100.00/HOUR SURVEY TECHNICIAN II $80.00/HOUR EXPERT TESTIMONY PROFESSIONAL SURVEYOR $300.00/HOUR 902 N. Sinclair Ave.. Tavares. FL 32778 1 haLff.com .E .halff All printing for this project shall be billed out at the following rate schedule, plus sales tax: (Outside Copying Services will be billed at cost) Engineering Bond Copies Black & White 11 x 17.........................................$1.25 24 x 36.........................................$2.50 Color Copies 11 x 17.........................................$2.00 24 x 36.........................................$6.00 Black & White Conies 8'/2 x 11.........................................$0.10 8'/2 x 14.........................................$0.10 11 x 17..........................................$0.20 Color Copies 8'/2 x 11.........................................$0.25 8'/2 x 14.........................................$0.25 11 x 17..........................................$0.45 Other Printing Services 24 x 36 Mylar......................................$12.00 24 x 36 Photo Paper, Color ................ $36.00 24 x 36 Foam Board...........................$30.00 Other Services Fax/Scan.......................................$0.05/Page Postage (Fed -Ex, Certified Mail, Etc) ... @ cost Concrete Monuments .......................... $11.00 Rebar.................................................... $2.00 Mileage (T/M Projects Only) .................. $0.59 902 N. Sinclair Ave., Tavares, FL 32778 1 halff.com .E .halff CLIENT INFORMATION FORM To assist Halff Associates, Inc., to prepare the requested proposal, please complete the information below: PRINT NAME & TITLE: COMPANY NAME: BILLING ADDRESS: PHONE: FAX: E-MAIL: BILLING CONTACT NAME & TITLE: BILLING CONTACT EMAIL: BILLING CONTACT PHONE: CLIENT REPRESENTATIVE: IS CLIENT THE OWNER OF THE SUBJECT PROPERTY? YES: NO: (If no, Halff Associates, Inc., reserves the right to require a retainer prior to commencing services.) Is the property accessible? If gated/locked, who shall Halff Associates, Inc. contact to gain access to the property? NAME AND PHONE NUMBER: I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE TO THE BEST OF MY KNOWLEDGE. SIGNATURE: DATE: 902 N. Sinclair Ave.. Tavares. FL 32778 1 haLff.com City of Edgewater EDGEWATER Legislation Text File #: AR-2023-229, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Install Emergency Sewage Pumps at Five Lift Stations in Florida Shores DEPARTMENT: Environmental Services SUMMARY: 104 N. Riverside Drive Edgewater, FL 32132 The City of Edgewater owns and maintains fifty-four (54) sewage lift stations throughout the City. These stations are key infrastructure assets used for the transmission of wastewater from Edgewater's neighborhoods and businesses to the City's Wastewater Treatment Plant located at 500 W Ocean Avenue. At their April 4, 2022 meeting, City Council approved $249,667.05 to purchase five (5) diesel -driven bypass pumps to be installed at sewage lift stations where most needed. The Environmental Services Department received delivery of the pumps in January 2023. In April 2023, a local contractor Danus Utilities, Inc. offered to install these pumps for a total cost of $193,130 under the terms and conditions of an existing competitively -bid contract they have with the City of Leesburg. The purpose of these alternative -powered pumps is to provide backup pumping capability in the event of AC power loss to the station, during severe weather and hurricanes, or any other mechanical catastrophe disrupting the normal function of the sewage lift station at which they are installed. The Environmental Services Department has identified the following sewage lift station locations to install these pumps: • Lift Station 25- located at 2301 Needle Palm Dr. • Lift Station 26- located at 2700 Needle Palm Dr. • Lift Station 27- located at 3201 Mango Tree Dr. • Lift Station 28- located at 2500 Woodland Dr. • Lift Station 29- located at 3200 Vista Palm Dr. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve the quote from Darius Utilities, Inc in the amount of $193,130.00 under the terms and conditions of the City of Leesburg contract "IFB 200451 - Lift Station Rehabilitation Services". City of Edgewater Page 1 of 2 Printed on 5/22/2023 powered by LegistarTM File M AR-2023-229, Version: 1 City of Edgewater Page 2 of 2 Printed on 5/22/2023 powered by LegistarTM FIXED UNIT PRICE AGREEMENT FOR CONTRACTOR SERVICES THIS AGREEMENT is made as of the 26th day of October in the year 2020, between The City of Leesburg, a Florida Municipal Corporation, whose address is 501 West Meadow Street, Post Office Box 490630, Leesburg, Florida 34749-0630 (hereinafter referred to as the "CITY"), and DANUS UTILITIES, INC. whose address is 2320 Beardall Avenue, Sanford, FL 32771 (hereinafter referred to as the "CONTRACTOR"). NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties to this Agreement, and for other good and valuable considerations, the parties agree as follows: 1. Contract Documents. The following documents and information are incorporated by reference and made part hereof; and shall comprise the Contract Documents. a. This Agreement; and b. Invitation for Bid (IFB) 200451 — Lift Station Rehabilitation Services in its entirety; and c. The CONTRACTOR'S response to IFB 200451 made electronically on September 30, 2020 at 3:21 PM. 2. Supplies or Services. The CONTRACTOR shall provide Lift Station Rehabilitation Services to the CITY as listed in Invitation for Bid 200451 and as described in ATTACHMENT `A'. The unit costs of the services shall not exceed those stated in 0 78 3. except where the cost adjustment clause has been exercised following the Firm Fixed Price Period. Nothing herein shall limit the CITY'S right to obtain these services from other contractors for the same or similar work. 4. Labor and Materials. The CONTRACTOR shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the CITY's representative. 5. Term of Agreement. The Initial Term of the Agreement will be through September 30, 2021. 6. Renew. The CITY may renew the agreement for additional year(s) if mutually agreed upon by the Contractor and the City. Any such renewal(s) will be accomplished by written amendment to this Agreement. 7. Payment. All invoices shall contain th4e purchase order number, date and location of delivery and confirmation of acceptance of the goods or services by the appropriate CITY representative. Failure to submit invoices in the prescribed manner will delay payment. Payments shall be tendered in accordance with the Florida Prompt Payment Act. Part VII, Chapter 218, Florida Statutes. 8. Firm Fixed Price Period. All Pricing will be firm and fixed during the Initial Term of the Agreement. For any Renewal Terms, the CONTRACTOR may request a price adjustment as provided for in the Cost Adjustments section. 9. Cost Adjustment. Pricing for any Renewal Terms will be subject to an adjustment only if increases in the industry can be documented. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year. The CONTRACTOR is responsible for requesting any Price Adjustment during the Contract renewal process. Any requested price increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the then current Contract term. Any approved Price Adjustment will become effective when the Contract is extended by written Amendment. The CITY may, after examination, refuse to accept the requested Price Adjustment if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Agreement will not be renewed. 1. Termination for Convenience or Cause. a. For Convenience. The CITY may terminate this Agreement at any time without cause by providing the CONTRACTOR with SEVEN (7) calendar days advance notice in writing, delivery by email is acceptable. In the event of termination for convenience, all finished or unfinished deliverable items prepared by the CONTRACTOR under this Agreement shall, at the option of the CITY, become the CITY's property. If the Agreement is terminated for convenience by the CITY as provided herein, the CONTRACTOR shall be paid for services satisfactorily completed, less payment or compensation previously made. The CONTRACTOR shall not incur any additional expenses after receiving the written notice of termination. b. For Cause or Default. If, through any cause, the CONTRACTOR should fail to fulfill in a timely and proper manner its obligations under this Agreement, other than for the instances listed below due to "Force Majeure," the CITY will have the right to terminate this Agreement by providing a written notice (Show Cause Notice) to the CONTRACTOR requiring a written response due within FIVE (5) calendar days from receipt of the written notice as to why the Agreement should not be terminated for default. The CITY's Show Cause Notice shall include an Agreement termination date at least SEVEN (7) calendar days subsequent to the due date for the CONTRACTOR's response. Should the CONTRACTOR fail to respond to such show cause notice, or if the CITY determines that the reasons provided by the CONTRACTOR for failure of the CONTRACTOR to fulfill its contractual obligations do not justify continuation of the contractual relationship, the Agreement shall be considered to have been terminated for default on the date indicated in the Show Cause Notice. Should the CITY determine that the CONTRACTOR provided adequate justification that a termination for default is not appropriate under the circumstances; the CITY shall have a unilateral option to either continue the Agreement according to the original contract provisions or to terminate the contract for convenience. In the event that the CITY terminates the contract for default, all finished or unfinished deliverable items under this contract prepared by the CONTRACTOR shall, at the option of the CITY, become CITY property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding this compensation, the CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement, and the CITY may withhold any payment due the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY from such breach can be determined. In case of default by the CONTRACTOR, the CITY may procure the services from other sources and hold the CONTRACTOR responsible for any excess cost occasioned thereby. The CITY reserves the right to require a performance bond or other acceptable alternative performance guarantees from the successor CONTRACTOR without expense to the CITY. In addition, in the event of default by the CONTRACTOR under this Agreement, the CITY may immediately cease doing business with the CONTRACTOR, immediately terminate for cause all existing Agreements the CITY has with the CONTRACTOR, and debar the CONTRACTOR from doing future business with the CITY. Upon the CONTRACTOR filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the CONTRACTOR, the CITY may immediately terminate, for cause, this Agreement and all other existing agreements the CONTRACTOR has with the CITY, and debar the CONTRACTOR from doing future business with the CITY. The CITY may terminate this Agreement for cause without penalty or further obligation at any time following Agreement execution, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the CITY is at any time while the Agreement or any extension thereof is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of the Agreement with respect to the subject matter of the Agreement. Additionally, the CITY may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the CITY from any other party to the Agreement. Upon receipt of a termination action, for convenience or cause, the CONTRACTOR shall promptly discontinue all affected work (unless the notice directs otherwise) and deliver or otherwise make available to the City all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the CONTRACTOR in performing this contract, whether completed or in process. 2. Force Majeure. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Should there be such an occurrence that impacts the ability of either party to perform their responsibilities under this contract, the nonperforming party shall give immediate written notice to the other party to explain the cause and probable duration of any such nonperformance. 3. Insurance Requirements. a. Scope_ of Insurance - The CONTRACTOR shall procure and maintain at its own expense, the following minimum insurance coverage, unless otherwise specified in the Contract Documents. i All required insurance shall be provided by insurers acceptable to the CITY with an A.M. Best rating of at least A: VII. ii The CONTRACTOR shall require, and shall be responsible for assuring that any and all of its subcontractors secure and maintain such insurance that are required by law to be provided on behalf of their employees and others until the completion of that subcontractors work. iii The required insurance shall be secured and maintained for not less than the limits required by the CITY, or as required by law, whichever is greater. iv. The required insurance shall not limit the liability of the CONTRACTOR. The CITY does not represent these coverages or amounts to be adequate or sufficient to protect the CONTRACTOR's interests or liabilities, but are merely required minimums. iv The provisions of the required insurance are subject to the approval of the City's Risk Manager, and upon request, the CONTRACTOR shall make available certified copies of the various policies for inspection. v All liability insurance, except professional liability, shall be written on an occurrence basis. vi The CONTRACTOR waives its right of recovery against the CITY to the extent permitted by its insurance policies. vii Insurance required of the CONTRACTOR, or any other insurance of the CONTRACTOR shall be considered primary, and insurance of the CITY, if any, shall be considered excess as applicable to any claims which arise out of the agreement, Contract or lease. b. Certificate of Insurance - The CONTRACTOR shall provide evidence of required minimum insurance by providing the CITY an ACORD or other Certificate of Insurance in forms acceptable to the Risk Manager for the CITY, before any work under the agreement, Contract or lease begins. i Except for workers' compensation and professional liability, the CONTRACTOR's insurance policies shall be endorsed to name the City of Leesburg as additional insured to the extent of the agreement, Contract or lease. ii The Certificate(s) of Insurance shall designate the CITY as certificate holder as follows: City of Leesburg, Attn: Purchasing Manager, P.O. Box 490630, Leesburg, Florida 34749-0630. iii The Certificate(s) of Insurance shall include a reference to the project and/or purchase order number. iv The Certificate(s) of Insurance shall indicate that the CITY shall be notified at least thirty (30) days in advance of cancellation. v The Certificate(s) of Insurance shall include all deductibles and/or self-insurance retentions for each line of insurance coverage. vi The CONTRACTOR, at the discretion of the Risk Manager for the CITY, shall provide information regarding the amount of claims payments or reserves chargeable to the aggregate amount of the CONTRACTOR's liability coverage(s). C. Comprehensive General Liability - The CONTRACTOR shall purchase and maintain Commercial General Liability coverage on forms no more restrictive than the latest editions of the Commercial General Liability policies of the Insurance Services Office (ISO). The Commercial General Liability policy shall provide minimum limits of $1,000,000 per occurrence combined single limit that includes coverage for bodily and personal injury and property damage liability for premises, operations, products and completed operations*, independent Contractors, Contractual liability covering the agreement, Contract or lease, broad form property damage coverage, and property damage resulting from explosion, collapse or underground exposures (x, c, u). i. For remodeling and construction projects, the CONTRACTOR shall purchase and maintain products and completed operations coverage for a minimum of three (3) years beyond the CITY's acceptance of the project. d. Business Automobile Liability - The CONTRACTOR shall purchase and maintain Business Automobile Liability coverage on forms no more restrictive than the latest editions of the Business Automobile Liability policies of the Insurance Services Office (ISO). The Business Automobile Liability policy shall provide minimum limits of $1,000,000 per occurrence combined single limit that includes coverage for claims for bodily injury and property damage arising from the use of motor vehicles, including on - site and off -site operations, and owned, non -owned and hired vehicles, and employee non -ownership use. e. Workers' Compensation - The CONTRACTOR shall purchase and maintain Workers' Compensation insurance for all workers' compensation obligations imposed by state law and with employers liability limits of at least $100,000 each accident and $100,000 each employee with $500,000 policy limit for disease. 12. Waiver of Lien. The CONTRACTOR agrees to make payment of all proper charges for labor and materials supplied and CONTRACTOR shall hold harmless the CITY against any claim arising out of any unpaid bills for labor, services, or materials furnished for the project covered by this Agreement. 13. Indemnification. The CONTRACTOR agrees to make payment of all proper charges for labor required in the aforementioned work and CONTRACTOR shall indemnify CITY and hold it harmless from and against any loss or damage, claim or cause of action, and any attorneys' fees and court costs, arising out of. any unpaid bills for labor, services or materials furnished to this project; any failure of performance of CONTRACTOR under this Agreement; or the negligence of the CONTRACTOR in the performance of its duties under this Agreement, or any act or omission on the part of the CONTRACTOR, his agents, employees, or servants. CONTRACTOR shall defend, indemnify, and save harmless the CITY or any of their officers, agents, or servants and each and every one of them against and from all claims, suits, and costs of every kind and description, including attorney's fees, and from all damages to which the CITY or any of their officers, agents, or servants may be put by reason of injury to the persons or property of others resulting from the performance of CONTRACTOR'S duties under this Agreement, or through the negligence of the CONTRACTOR in the performance of its duties under this Agreement, or through any act or omission on the part of the CONTRACTOR, his agents, employees, or servants. If however, this Agreement is a "construction contract" as defined in and encompassed by the provision of Florida Statutes § 725.06, then the following shall apply in place of the aforementioned indemnification provision: The CONTRACTOR shall indemnify the CITY and hold it, its officers, and its employees harmless from liabilities, losses, and costs, including, but not limited to, reasonable attorney's fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Agreement. The liability of the CONTRACTOR shall, however, be limited to one million and 00/100 dollars ($1,000,000.00) per occurrence, and the obligation of the CONTRACTOR to indemnify the CITY shall be limited to acts, omissions, or defaults of the CONTRACTOR; any contractors, subcontractors, sub -subcontractors, material men, or agents or employees of any of them, providing labor, services or materials in connection with the project; and the CITY, its officers, agents and employees, provided however that the CONTRACTOR shall not be obligated to indemnify the CITY against losses arising from the gross negligence, or willful, wanton, or intentional misconduct of the CITY, its officers, agents and employees, or against statutory violations or punitive damages except to the extent caused by or resulting from the acts or omissions of the CONTRACTOR, or any contractors, subcontractors, sub -subcontractors, material men, or agents or employees of any of them, providing labor, services, or materials in connection with this Agreement. 14. Codes, Laws, and Regulations. CONTRACTOR will comply with all applicable codes, laws, regulations, standards, and ordinances in force during the term of this Agreement. 15. Permits, Licenses, and Fees. CONTRACTOR will obtain and pay for all permits and licenses required by law that are associated with the CONTRACTOR'S performance of the Scope of Services. All permits and licenses required by law or requirements of the Request for Proposal will remain in force for the full duration of this Agreement and any extensions. 16. Public Records Retention. CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services being provided by CONTRACTOR herein. CONTRACTOR shall provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. CONTRACTOR shall meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY by CONTRACTOR in a format that is compatible with the information technology systems of the CITY. IF THE CONTRACTOR HAS QUESTIONS REGADING THE APPLICATION OF CHAPTER 119, FLORDIA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECOREDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-728-9731, 501 W. MEADOW STREET, LEESBURG, FLORIDA 34748. 17. Access to Records. The services provided under this Agreement may be funded in part by a grant from a government agency other than the CITY. As a requirement of grant funding CONTRACTOR shall make records related to this project available for examination to any local, state or federal government agency, or department, during CONTRACTOR'S normal business hours. Said records will be maintained for a period of five (5) years after the date of the invoice. 18. Contingent Fees Prohibited. The CONTRACTOR warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach of this provision, the CITY shall have the right to terminate this Agreement without further liability and at its discretion, deduct from the contract price, or otherwise recover, the full amount of any such fee, commission, percentage, gift or consideration paid in breach of this Agreement. 19. Acceptance of Goods or Services. The goods delivered as a result of an award from this solicitation shall remain the property of the CONTRACTOR, and services rendered under the Agreement will not be deemed complete, until a physical inspection and actual usage of the product(s) and/or service(s) is (are) accepted by the CITY and shall be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. Any goods and/or services purchased as a result of this solicitation and/or Agreement may be tested and/or inspected for compliance with specifications. In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, the CITY reserves the right to terminate the solicitation or initiate corrective action on the part of the CONTRACTOR, to include return of any non -compliant goods to the CONTRACTOR at the CONTRACTOR's expense, requiring the CONTRACTOR to either provide a direct replacement for the item, or a full credit for the returned items The CONTRACTOR shall not assess any additional charge(s) for any conforming action taken by the CITY under this clause. The CITY will not be responsible to pay for any product or service that does not conform to the contract specifications. In addition, any defective product or service or any product or service not delivered or performed by the date specified in the purchase order or contract, may be procured by the CITY on the open market, and any increase in cost may be charged against the awarded contractor. Any cost incurred by the CITY in any re -procurement plus any increased product or service cost shall be withheld from any monies owed to the CONTRACTOR by the CITY for any contract or financial obligation. This project will be inspected by an authorized representative of the CITY. This inspection shall be performed to determine acceptance of work, appropriate invoicing, and warranty conditions. 20. Ownership of Documents. All data, specifications, calculations, estimates, plans, drawings, construction documents, photographs, summaries, reports, memoranda, and other documents, instruments, information and material prepared or accumulated by the CONTRACTOR (or by such sub -consultants and specialty consultants) in rendering services hereunder shall be the sole property of the CITY who may have access to the reproducible copies at no additional cost other than printing. Provided, that the CONTRACTOR shall in no way be liable or legally responsible to anyone for the CITY'S use of any such materials for another PROJECT, or following termination. All original documents shall be permanently kept on file at the office of the CONTRACTOR. 21. Independent Contractor. The CONTRACTOR agrees that he or she is an independent contractor and not an agent, joint venture, or employee of the CITY, and nothing in this Agreement shall be construed to be inconsistent with this relationship or status. None of the benefits provided by the CITY to its employees, including but not limited to, workers' compensation insurance, unemployment insurance, or retirement benefits, are available from the CITY to the CONTRACTOR. CONTRACTOR will be responsible for paying his own Federal income tax and self-employment tax, or any other taxes applicable to the compensation paid under this Agreement. The CONTRACTOR shall be solely and primarily responsible for his and her acts during the performance of this Agreement. 22. Assignment. Neither party shall have the power to assign any of the duties or rights or any claim arising out of or related to the Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other party. These conditions and the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto. 23. No Third Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the CONTRACTOR and the CITY. 24. Jurisdiction. The laws of the State of Florida shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. In the event of any litigation arising under or construing this Agreement, venue shall lie only in Lake County, Florida. 25. Contact Person. The primary contact person under this Agreement for each party is listed here. Contact person and information may be updated as needed by written, electronic mail is acceptable, communication to the other party. Notifying party shall receive confirmation the other party has received the change to the Contact Person. CONTRACTOR Contact Information Name/Title: Dan Pardus, President Address: 2320 Beardall Avenue City, State & Zip: Sanford, FL 32771 Telephone: 386-804-0068 Email Address: danus2@cfl.rr.com CITY Contact Information Name/Title: Neil Gaines, Deputy Director of Public Works Telephone: 352-571-0989 Email Address: Neil.Gaines@leesburgflorida.gov 26. Approval of Personnel. The CITY reserves the right to approve the contact person and the persons actually performing the services on behalf of CONTRACTOR pursuant to this Agreement. If CITY, in its sole discretion, is dissatisfied with the contact person or the person or persons actually performing the services on behalf of CONTRACTOR pursuant to this Agreement, CITY may require CONTRACTOR assign a different person or persons be designated to be the contact person or to perform the CONTRACTOR services hereunder. 27. Disclosure of Conflict. The CONTRACTOR has an obligation to disclose to the CITY any situation that, while acting pursuant to this Agreement, would create a potential conflict of interest between the CONTRACTOR and his duties under this Agreement. 28. Warranty. The CONTRACTOR agrees that, unless expressly stated otherwise in the bid or proposal, the product and/or service furnished as a result of an award from this solicitation shall be covered by the most favorable commercial warranty the CONTRACTOR gives to any customer for comparable quantities of products and/or services and the rights and remedies provided herein are in addition to said warranty and do not limit any right afforded to the CITY by any other provision of this solicitation. The CONTRACTOR hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the CONTRACTOR in conjunction with this Agreement shall be new, warranted for their merchantability, and fit for a particular purpose. 29. Risk of Loss. The CONTRACTOR assumes the risk of loss of damage to the CITY's property during possession of such property by the CONTRACTOR, and until delivery to, and acceptance of, that property to the CITY. The CONTRACTOR shall immediately repair, replace or make good on the loss or damage without cost to the CITY, whether the loss or damage results from acts or omissions (negligent or not) of the CONTRACTOR or a third party. The CONTRACTOR shall indemnify and hold the CITY harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of this Agreement. The CONTRACTOR shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the CITY when applicable, and shall pay all costs and judgments which may issue thereon. 30. Employment Eligibility. Effective 12:01 AM EST January 1, 2021, the CONTRACTOR becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Agreement, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than TWENTY (20) calendar days after the date of termination. If this contract is terminated for a violation of the statute by the CONTRACTOR, the CONTRACTOR may not be awarded a public contract for a period of ONE (1) year after the date of termination. 31. Illegal Alien Labor - CONTRACTOR shall comply with all provisions of the Federal Immigration and Control Act of 1986 (8 U.S. Code § 1324 a) and any successor federal laws, as well as all provisions of Section 448.09, Florida Statutes, prohibiting the hiring and continued employment of aliens not authorized to work in the United States. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into an Agreement with a subcontractor that fails to certify to the CONTRACTOR that the subcontractor is following the terms stated within. The CONTRACTOR nor any subcontractor employed by him shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. CONTRACTOR agrees that it shall confirm the employment eligibility of all employees through participation in E-Verify or an employment eligibility program approved by the Social Security Administration and will require same requirement to confirm employment eligibility of all subcontractors. 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. 32. Counterparts. Original signatures transmitted and received via facsimile or other electronic transmission of a scanned document, (e.g., PDF or similar format) are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such facsimile or electronic mail transmission shall constitute the final agreement of the parties and conclusive proof of such agreement. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The CITY shall determine legibility and acceptability for public record purposes. This Agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument. 33. Authority to Obligate. Each person signing this agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and bind and obligate such party with respect to all provisions contained in this agreement. [Signature page follows.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated in the preamble to the Agreement. DANUS UTILITIES, INC. By: u . ,Rli 0]),VfDTi Printed: Dan J. Pardus Its: President (Title) CITY OF LEESBURG, FLORIDA a� Elise Dennison, Mayor ATTEST: J. Andi Purvis, City Clerk Approved as to form: Fred A. Morrison, City Attorney ATTACHMENT'A' 5093 LIFT STATION REHABILITATION SERVICES - FIXED UNIT PRICE (200451) DanSa utilities, Inc Sanford, FL # Item Description Estimated QTy Unit of Measure Unit Price Extended Price 1 Litt Station Surface Rehabilitation b Cemantitious Linn 100 SQUARE FEET 5F7 $ 2p.00 $ 2,000,p0 2 Bypass 8 INCH Sewer SeW 5 EACH EA $ 500.00 $ 2,500,00 8ypass 10 INCH to 12 INCH Sewer Setup 5 EACH A $ 750,00 $ 3,750.00 -L 15 INCH to 18 INCH Sewer Setup 5 EACH (EA) $ 1,000.00 $ 5,000.00 _j,Bypass 5 Sewer Bypass 4 INCH PUMP 25 PER DAY $ 200.00 $ 5.000.00 6 :Sewer Bypass 6 INCH PUMP 10 PER DAY $ 250.00 1 $ 2.500.00 7 Sewer Bypass 8 INCH PUMP 10 PER DAY $ 300.00 $ 3,000.00 8 (Furnish and Install PUMP BASE - 4 INCH (Inclusive of pump brackets) 10 EACH (EA) $ 2.928.00 $ 29,280.00 9 Furnish and Install PUMP BASE - 6 1NCH Inclusive of pump brackets 5 EACH (EA) $ 3,293.00 $ 16.465.00 10 Furnish and Install PUMP BASE- 8 INCH Inclusive of pump brackets 5 EACH A) $ 3,330,00 $ 16,650.00 11 Re -Construct lift Station Fillet - 6 FEET Diameter 5 EACH (EA) $ 500.D0 $ 2.500.00 12 Re -Construct lift Station Fillet - 8 FEET Diameter 2 EACH EA $ 650.00 $ 1.300.00 13 Re -Construct Lift Station Fillet - 10 FEET Diameter 2 EACH EA $ 750_00 $ 1,500.00 14 Re -Construct Lift Station Fillet - 12 FEET Diameter 2 EACH EA $ 85000 $ 1.700.00 15 REMOVE and REPLACE Existing Piping and Valves within Existing Submersible Lift Station through ExistinValve Vault -4INCH rice pereach nser 10 EACH (EA) $ 5,900.00 $ 59,000.00 16 REMOVE and REPLACE Existing Piping and Valves within Existing Submersible Lift Station through Existing Valve Vault -6INCH rice pereach riser 5 EACH (EA) $ 7,220,00 $ 36,100,00 17 REMOVE and REPLACE Existing Piping and Valves within Existing Submersible Lift Station through Existing Valve Vault - 81NCH rice per each riser 5 EACH (EA) $ 9,800.00 $ 49,000.00 18 REMOVE and REPLACE Existing Piping and Valves within Existing Submersible Lift Station through ExistinR Valve Vault - 10 INCH rice er each riser 5 EACH (EA) $ 13,300 00 $ 66,500.00 19 REMOVE and REPLACE Existing Piping and Valves within Existing Submersible Lift Station through Existing Valve Vault - 12 INCH rice per each riser 5 EACH (EA) $ 16,600.00 $ 83,000,00 20 FURNISH and INSTALL 6 FOOT top Slab with 36-INCH x 48-INCH hatch with Safety Grate 5 EACH (EA) $ 4,100.00 $ 20,500.00 21 FURNISH and INSTALL 8 FOOT top Slab with 36-INCH x 48-INCH hatch with Safety Grate 2 EACH (EA) $ 4,90000 $ 9,800.00 22 FURNISH and INSTALL 5-FT x 5-FT Valve Box with 48-INCH x 48-INCH Hatch 5 EACH (EA) $ 5,900.00 $ 29,500 00 23 FURNISH and INSTALL 6-FT x 6-FT Valve Box with 48-INCH x 48-INCH Hatch 2 EACH A) $ 6,600.00 $ 13.200 00 24 Tem ora ByRass Riser -4INCH 5 EACH EA $ 2,800.00 $ 14,000.00 25 Temporary Bypass Riser -6INCH 2 EACH EA $ 3.500.00 $ 7,000.00 P6 'Temporary Bypass Riser- 8 INCH 2 EACH (EA) $ 5,300.00 $ 10.600.00 27 .2-INCH SS Dual Guide Rails with Brackets - 10 FT to 15 FT 10 EACH EA $ 900.00 $ 9.00000 28 2-INCH SS Dual Guide Rails with Brackets - 15 FT to 20 FT 5 EACH (EA) $ 1.000.00 $ 5.000.00 29 3-INCH SS Dual Guide Rails with Brackets - 10 FT to 15 FT 5 EACH (EA) $ 1.70000 $ 8.50000 30 3-INCH SS Dual Guide Rails with Brackets - 15 FT to 20 FT 5 EACH (EA) $ 1,800.00 $ 9.000.00 31 FURNISH and INSTALL 3-INCH DRAIN 5 EACH JEAJ $ 400,00 $ 2.000.00 32 Drain and Clean Wet Well - 6 FOOT 5 EACH E $ 90000 $ 4.500.00 33 Drain and Clean Wet Well -8 FOOT 2 EACH (EA) $ 1,100.00 $ 2,200.00 34 Drain and Clean Wet Well - 10 FOOT 3 EACH (EA) $ 1,600.00 $ 4.800.00 35 Drain and Clean Wet Well - 12 FOOT 3 EACH (EA) $ 1.600.00 $ 4.800.00 36 CONNECT Lift Station Piping to Existing Force Main - 4 INCH 5 EACH (EA) $ 750.00 $ 3.75000 37 CONNECT Lift Station P!Eing to Existing Force Main - 6 INCH 2 EACH (EA) $ 800.00 $ 1.60000 38 CONNECT Lift Station Piping to Existing Force Main- 6 INCH 2 EACH (EA) $ 1.100.00 $ 2.20000 39 CONNECT Lift Station Piping to Existing Force Main • 10 INCH 2 EACH (EA) $ 1,30D.00 $ 2,6D0-00 40 CONNECT Lift Station Piping to Existing Force Main - 12 INCH 2 EACH EA $ 1.650.00 $ 3.300.50 41 FURNISH and INSTALL HDPE Riser Pipe, Bracket, Base Ell and Base Plate in Place of Ductile Iron Riser and Fitting on line Item 16 - 4 INCH (This price will be either added if more or subtracted if less from original base bid rice 2 EACH (EA) $ 7,630.00 $ 15,260.00 42 FURNISH and INSTALL HDPE Riser Pipe, Bracket, Base Ell and Base Plate in Place of Ductile Iron Riser and Fitting on line Item 17 - 6 INCH (This price will be either added if more or subtracted if less from original base bid rice 2 EACH (EA) $ 8,950.00 $ 17,900.00 43 FURNISH and INSTALL HDPE Riser Pipe, Bracket, Base Ell and Base Plate in Place of Ductile Iron Riser and Fitting on line Item 18 - 8 INCH (This price will be either added if more or subtracted if less from original base bid rice 3 EACH (EA) $ 11,693.00 $ 35,079.00 44 FURNISH and INSTALL HDPE Riser Pipe, Bracket, Base Ell and Base Plate in Place of Ductile (Iron Riser and Fitting on line Item 19 - 10 INCH (This price will be either added if more or subtracted if less from original base bid rice 3 EACH (EA) $ 15,630 00 $ 46,890 00 45 (FURNISH and INSTALL HDPE Riser Pipe, Bracket, Base Ell and Base Plate in Place of Ductile (Iron Riser and Fitting on line Item 20 - 12 INCH (This price will be either added if more or subtracted if less from original base bid rice 3 EACH (EA) $ 19,330.00 $ 57,990 00 46 (REMOVE and REPLACE Existing Potable Water Piping and PRV Valve within Existing and lhrou h ExistiniLValve Vault - 6 INCH 1 EACH (EA) $ 2,621.00 $ 2,621.00 47 (REMOVE and REPLACE Existing Potable Water Piping and PRV Valve within Existing and through -Existing Valve Vault - 6 INCH 1 EACH (EA) $ 2,590.00 $ 2,590,00 48 REMOVE and REPLACE Existing Potable Water Piping and PRV Valve within Existing and through Existinn Valve Vault - 10 INCH 1 EACH (EA) $ 2,661.00 $ 2,661.00 49 REMOVE and REPLACE Existing Potable Water Piping and PRV Valve within Existing and Existing Valve Vault - 12 INCH 1 EACH (EA) $ 2.747.00 $ 2,747.00 59 -through 2-INCH Line Stop 1 EACH (EA) S 3.000.00 S 3.000.00 51 4-INCH Line Stop 1 EACH (EA) $ 3.350.00 $ 3,350.00 52 6-INCH line Stop 1 EACH (EA) S 4,000.00 $ 4.000.00 53 6-INCH Line Stop 1 EACH EA $ 4.350,00 $ 4.350.00 54 10-INCH Line Stop 1 EACH EA $ 5.250.65 $ 5.250,00 55 12-INCH Line Sto i EACH EA $ 5.250,00 $ 5,250.00 56 14-INCH Line Sto 1 EACH EA) $ 6,850.00 S 6,650.00 57 16-INCH Line Stop1 EACH((EA) $ 9,250.00 $ 9,250.00 Agreement-DanusUtifitiesl nc-200451 Final Audit Report 2020-10-26 Created: 2020-10-26 By: Mike Thornton (mike.thornton@leesburgflorida.gov) Status: Signed Transaction ID: CBJCHBCAABAA76EdCAMU17zjDnXiXZerc6c3KxKMppYG "Agreement-DanusUtilitieslnc-200451" History Document created by Mike Thornton (mike.thornton@leesburgflorida.gov) 2020-10-26 - 12:16:36 PM GMT- IP address: 8.26.112.25 Document emailed to Dan J. Pardus (danus2@cfl.rr.com) for signature 2020-10-26 - 12:17:12 PM GMT Email viewed by Dan J. Pardus (danus2@cfl.rr.com) 2020-10-26 - 12:18:13 PM GMT- IP address: 107.77.216.24 Document e-signed by Dan J. Pardus (danus2@cfl.rr.com) Signature Date: 2020-10-26 - 4:22:58 PM GMT - Time Source: server- IP address: 107.77.215.124 Agreement completed. 2020-10-26 - 4:22:58 PM GMT Adobe Sign SECOND AMENDMENT OF A FIXED UNIT PRICE AGREEMENT FOR CONSTRUCTION SERVICES THIS AMENDMENT is made as of the 28th day of November 2022, between THE CITY OF LEESBURG, FLORIDA a Florida Municipal Corporation, whose address is 501 West Meadow Street, Post Office Box 490630, Leesburg, Florida 34749- 0630 (hereinafter referred to as the "CITY"), and DANUS UTILITIES, INC. whose address is 2320 Beardall Avenue, Sanford, FL 32771 (hereinafter referred to as the "CONTRACTOR"). WHEREAS, on October 26, 2020, the CITY and CONTRACTOR entered into a fixed unit price agreement for construction services whereby the CONTRACTOR agreed to provide Lift Station Rehabilitation Services to the CITY (hereinafter referred to as the "Agreement"). WHEREAS, on October 25, 2021, the CITY and CONTRACTOR executed Amendment One to extend the term of the Agreement to September 30, 2024. WHEREAS, the parties wish to extend the term of the Agreement and have entered into this Amendment for that purpose. WITNESSETH: NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties to this Agreement and from other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated by reference herein and made a part hereof. 2. Amendment. The parties agree to amend the agreement as follows: a. The term of the Agreement is extended through September 30, 2024. 3. Modification. Except as specifically modified by this Amendment, all terms and conditions of the prior agreement shall continue in full force and effect as originally executed. Nothing herein shall be deemed or construed to amend or modify any other contract or undertaking between the CITY and CONTRACTOR other than as defined above. 4. Counterparts. This Agreement may be executed in multiple counterparts, each of which may be considered an original, but all of which together shall constitute but one and the same instrument. This Agreement when signed by a parry may be delivered by electronic mail or facsimile transmission with the same force and effect as if the same were an executed and delivered original, manually -signed counterpart. [Signature page follows] IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date stated in the preamble. DANUS UTILITIES, INC. `I Lz �&&r By: Dan J Pardus (Nov 14, 2022 14:48 EST) Printed: Dan J Pardus Its: President (Title) CITY OF LEESBURG, FLORIDA //�� �ikePederson, Mayor ATTEST: f; J. Andi Purvis, City Clerk Amend ment2-DanusUtilitiesInc Final Audit Report 2022-11-14 Created: 2022-11-14 By: aaliyah davis (aaliyah.davis@leesburgflorida.gov) Status: Signed Transaction ID: CBJCHBCAABAAhW9bryRMGZS6Ew5RfineSzckgFt9uL-li "Amend ment2-DanusUtilitieslnc" History Document created by aaliyah davis (aaliyah.davis@leesburgflorida.gov) 2022-11-14 - 7:15:44 PM GMT- IP address: 8.26.112.25 Document emailed to Robert Brown (robert@danusutilities.com) for signature 2022-11-14 - 7:16:11 PM GMT Email viewed by Robert Brown (robert@danusutilities.com) 2022-11-14 - 7:33:25 PM GMT- IP address: 108.189.50.21 Document signing delegated to dan@danusutilities.com by Robert Brown (robert@danusutilities.com) 2022-11-14 - 7:36:36 PM GMT- IP address: 108.189.50.21 Document emailed to dan@danusutilities.com for signature 2022-11-14 - 7:36:36 PM GMT Email viewed by dan@danusutilities.com 2022-11-14 - 7:48:07 PM GMT- IP address: 108.189.50,21 L:4p Signer dan@danusutilities.com entered name at signing as Dan J Pardus 2022-11-14 - 7:48:47 PM GMT- IP address: 108.189.50.21 0 Document e-signed by Dan J Pardus (dan@danusutilities.com) Signature Date: 2022-11-14 - 7:48:49 PM GMT - Time Source server- IP address: 108.189.50.21 Agreement completed. 2022-11-14 - 7:48:49 PM GMT Adobe Acrobat Sign i =_ Quote M 41023-1R Date: 4/10/2023 rI ES Company: City of Edgewater Attention: Todd Job Name: LS 25 tsch ne ider@cityofedg ewat E-mail: er.org CUC # 1224744 PO Box 291671-32129, Port Orange, FL 32128 Phone: 386-882-6200 email: raymond@_danusutilities.com QYT Lift Station Rehabilitation Price TOTAL 2 Item 9 - F&I Pump base 6 inch $3,293.00 $6,586.00 2 Item 16 - F&I Pipe, Valves & Fittings 6 inch $7,220.00 $14,440.00 1 Item 25 - F&I Temporary By-pass 6 inch $3,500.00 $3,500.00 1 Item 37 - Connect to existing FM 8 inch $800.00 $800.00 1 Item 42 - F&I HDPE riser pipe 6 inch $8,950.00 $8,950.00 1 Item 53 - 8 inch line stop $4,350.00 $4,350.00 Pricing based on Leesburg Annual Contract Fixed Unit Price 200451 TOTAL $38,626.00 Note: All electical work to be done by the city Scope of Work for Danus Utilities: F&I 9ft x 6ft x 1ft concrete slab, F&I 4" x 6" increasers, F&I 6" HDPE suction pipe & f F&I 6" HDPE discharge pipe & fittings, F&I 6" tap on 8" FM outside the VB, F&I SS pipe supports in the ww for: F&I 2" electrical conduit from wet well up to the by-pass slab near electrical J-box on pump. Terms Net 30 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned. Authorized Signature Raymond Rogers 386-882-6206 i =_ Quote M 41023-2R Date: 4/10/2023 rI ES Company: City of Edgewater Attention: Todd Job Name: LS 26 tsch ne ider@cityofedg ewat E-mail: er.org CUC # 1224744 PO Box 291671-32129, Port Orange, FL 32128 Phone: 386-882-6200 email: raymond@_danusutilities.com QYT Lift Station Rehabilitation Price TOTAL 2 Item 9 - F&I Pump base 6 inch $3,293.00 $6,586.00 2 Item 16 - F&I Pipe, Valves & Fittings 6 inch $7,220.00 $14,440.00 1 Item 25 - F&I Temporary By-pass 6 inch $3,500.00 $3,500.00 1 Item 37 - Connect to existing FM 8 inch $800.00 $800.00 1 Item 42 - F&I HDPE riser pipe 6 inch $8,950.00 $8,950.00 1 Item 53 - 8 inch line stop $4,350.00 $4,350.00 Pricing based on Leesburg Annual Contract Fixed Unit Price 200451 TOTAL $38,626.00 Note: All electical work to be done by the city Scope of Work for Danus Utilities: F&I 9ft x 6ft x 1ft concrete slab, F&I 4" x 6" increasers, F&I 6" HDPE suction pipe & f F&I 6" HDPE discharge pipe & fittings, F&I 6" tap on 6" FM outside the VB, F&I SS pipe supports in the ww for: F&I 2" electrical conduit from wet well up to the by-pass slab near electrical J-box on pump. Terms Net 30 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned. Authorized Signature Raymond Rogers 386-882-6206 i =_ Quote M 41023-3R Date: 4/10/2023 rI ES Company: City of Edgewater Attention: Todd Job Name: LS 27 tsch ne ider@cityofedg ewat E-mail: er.org CUC # 1224744 PO Box 291671-32129, Port Orange, FL 32128 Phone: 386-882-6200 email: raymond@_danusutilities.com QYT Lift Station Rehabilitation Price TOTAL 2 Item 9 - F&I Pump base 6 inch $3,293.00 $6,586.00 2 Item 16 - F&I Pipe, Valves & Fittings 6 inch $7,220.00 $14,440.00 1 Item 25 - F&I Temporary By-pass 6 inch $3,500.00 $3,500.00 1 Item 37 - Connect to existing FM 8 inch $800.00 $800.00 1 Item 42 - F&I HDPE riser pipe 6 inch $8,950.00 $8,950.00 1 Item 53 - 8 inch line stop $4,350.00 $4,350.00 Pricing based on Leesburg Annual Contract Fixed Unit Price 200451 TOTAL $38,626.00 Note: All electical work to be done by the city Scope of Work for Danus Utilities: F&I 9ft x 6ft x 1ft concrete slab, F&I 4" x 6" increasers, F&I 6" HDPE suction pipe & f F&I 6" HDPE discharge pipe & fittings, F&I 6" tap on 6" FM outside the VB, F&I SS pipe supports in the ww for: F&I 2" electrical conduit from wet well up to the by-pass slab near electrical J-box on pump. Terms Net 30 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned. Authorized Signature Raymond Rogers 386-882-6206 i =_ Quote M 41023-4R Date: 4/10/2023 rI ES Company: City of Edgewater Attention: Todd Job Name: LS 28 tsch ne ider@cityofedg ewat E-mail: er.org CUC # 1224744 PO Box 291671-32129, Port Orange, FL 32128 Phone: 386-882-6200 email: raymond@_danusutilities.com QYT Lift Station Rehabilitation Price TOTAL 2 Item 9 - F&I Pump base 6 inch $3,293.00 $6,586.00 2 Item 16 - F&I Pipe, Valves & Fittings 6 inch $7,220.00 $14,440.00 1 Item 25 - F&I Temporary By-pass 6 inch $3,500.00 $3,500.00 1 Item 37 - Connect to existing FM 8 inch $800.00 $800.00 1 Item 42 - F&I HDPE riser pipe 6 inch $8,950.00 $8,950.00 1 Item 53 - 8 inch line stop $4,350.00 $4,350.00 Pricing based on Leesburg Annual Contract Fixed Unit Price 200451 TOTAL $38,626.00 Note: All electical work to be done by the city Scope of Work for Danus Utilities: F&I 9ft x 6ft x 1ft concrete slab, F&I 4" x 6" increasers, F&I 6" HDPE suction pipe & f F&I 6" HDPE discharge pipe & fittings, F&I 6" tap on 8" FM outside the VB, F&I SS pipe supports in the ww for: F&I 2" electrical conduit from wet well up to the by-pass slab near electrical J-box on pump. Terms Net 30 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned. Authorized Signature Raymond Rogers 386-882-6206 i =_ Quote M 41023-5R Date: 4/10/2023 rI ES Company: City of Edgewater Attention: Todd Job Name: LS 29 tsch ne ider@cityofedg ewat E-mail: er.org CUC # 1224744 PO Box 291671-32129, Port Orange, FL 32128 Phone: 386-882-6200 email: raymond@_danusutilities.com QYT Lift Station Rehabilitation Price TOTAL 2 Item 9 - F&I Pump base 6 inch $3,293.00 $6,586.00 2 Item 16 - F&I Pipe, Valves & Fittings 6 inch $7,220.00 $14,440.00 1 Item 25 - F&I Temporary By-pass 6 inch $3,500.00 $3,500.00 1 Item 37 - Connect to existing FM 8 inch $800.00 $800.00 1 Item 42 - F&I HDPE riser pipe 6 inch $8,950.00 $8,950.00 1 Item 53 - 8 inch line stop $4,350.00 $4,350.00 Pricing based on Leesburg Annual Contract Fixed Unit Price 200451 TOTAL $38,626.00 Note: All electical work to be done by the city Scope of Work for Danus Utilities: F&I 9ft x 6ft x 1ft concrete slab, F&I 4" x 6" increasers, F&I 6" HDPE suction pipe & f F&I 6" HDPE discharge pipe & fittings, F&I 6" tap on 8" FM outside the VB, F&I SS pipe supports in the ww for: F&I 2" electrical conduit from wet well up to the by-pass slab near electrical J-box on pump. Terms Net 30 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. This proposal is subject to acceptance within 30 days and is void thereafter at the option of the undersigned. Authorized Signature Raymond Rogers 386-882-6206 City of Edgewater EDGEWATER Legislation Text File #: AR-2023-230, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Sewer Lift Station 52 Pump Replacement DEPARTMENT: Environmental Services 104 N. Riverside Drive Edgewater, FL 32132 SUMMARY: The City of Edgewater maintains and services fifty-four (54) sewer lift stations throughout the City. These stations are key infrastructure assets used for the transmission of wastewater from Edgewater's neighborhoods and businesses to the City's Wastewater Treatment Plant located at 500 W Ocean Avenue. Lift Station #52 services the subdivision of Liberty Village on Glencoe Road. The station was constructed and commissioned in 2019 and is located at the end of a long sewer force main. As homes have been built in the subdivision, it has become apparent that the existing pumps in the lift station are insufficient to provide the power needed to move the sewage to the Wastewater Treatment Plant and new pumps are needed. At the same time, the City's Lift Station #13 in Mission Oaks Mobile Home Park is in need of new equipment and many of the parts are interchangeable with those proposed to be replaced at LS-52 in Liberty Village. The City has standardized on the use of Sulzer pumps in all of our lift stations. Upon request from Staff, the local Sulzer pump representative Hydra Service Inc. provided a quote in the amount of $150,627.00 to furnish and install new lift station pumps and associated hardware necessary for the Liberty Village lift station to reliably function. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve the quote from Hydra Service Inc., as a sole source supplier in the amount of $150,627.00. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM SPECIALIST IN 250 Springview Commerce Drive Debary Florida 32713 Phone: 407 330 3456 Phone: 800 323 1731 Fax: 407 330 3404 TO: City of Edgewater ATTN: Todd Schneider PH: 402-430-9411 EMAIL: tchneiderCa)citvofedgewater.org FLUID MOVEMENT Sales Representative Contact Information Cell Phone: 407-790-9751 FROM: Dale Jahn EMAIL: dale(cD.hydraservice.net DATE: April 26, 2023 QUOTE: 230426-1DJ REF: Edgewater LS 52 Conversion a Oah We know how waterworks 1 Remove existing S&L factory built suction lift pump station and return to city. 1 Provide & install USEMCO duplex top vault system including aluminum wetwell cover with access hatch, 4" sch 40 316SS piping, cast iron plug valves, cast iron check valves, air release valve, station vent, and aluminum panel stand. 1 Provide & install (2) 4" Sulzer/ABS base elbows including stainless steel base plates. 1 Provide & install pump guide rail systems and associated brackets. 1 Provide & install 4" HDPE riser pipes from new base elbows to USEMCO top vault system. 1 Provide & install 4" HDPE discharge pipe from USEMCO top vault system to the existing 4" MJ valve outside the wetwell. 1 Provide & install new duplex pump control panel to City of Edgewater specs, 24.8hp, 3/230v, including level sensing floats. 1 Provide & install electrical service conduit & wiring from existing electrical rack to new control panel. 1 Core drill holes into wetwell and provide & install (3) 2" conduits with seal -offs between wetwell and pump control panel. 1 Provide & install (2) 4" Sulzer/ABS model XFP101G-CB1.4-PE185/2 submersible wastewater pumps, 24.8hp, 3/230v. 1 Provide bypass pumping during station rehabilitation with 24 hour remote monitoring system. 1 Provide vactor services to clean wetwell. 1 Restoration of site when complete. 1 Startup services. Note: Telemetry equipment is excluded from this scope of supply. TOTAL PRICE, F.O.B. JOB, FREIGHT INCLUDED $150,627.00 PLUS ANY FEDERAL, STATE OR LOCAL TAXES WHICH MAY APPLY. TERMS ARE NET 30 DAYS. PRICES ARE FIRM 30 DAYS "HYDRA SERVICE INC TERMS & CONDITIONS APPLY" PAYMENT TERMS NET 30 DAYS. ESTIMATED DELIVERY: 12-14 WEEKS AFTER RECEIPT IN OUR OFFICE OF COMPLETE APPROVED SUBMITTAL DATA AND SIGNED PROPOSAL. THESE TERMS ARE INDEPENDENT OF, AND ARE NOT CONTINGENT UPON THE TIME OR MANNER IN WHICH PURCHASER MAY RECEIVE PAYMENT FROM OTHERS. 1 DAY OF FACTORY START-UP IS INCLUDED AND REQUIRED FOR WARRANTY. PAYMENT FOR MATERIALS WILL BE REQUIRED BEFORE THE AUTHORIZED START-UP IS CONDUCTED. ACCEPTED DATE NAME OF PURCHASER Review Date: 04/26/2023 Da.l , M. JM-w� REVIEWED BY HYDRA SERVICE PUMP REP. SULZER Sulzer Pumps Solutions Inc. 140 Pond View Drive Meriden, CT 06450 Phone (203) 238 2700 Fax (203) 514 4364 www.sulzer.com May 3, 2023 To: City of Edgewater, Florida The purpose of this letter is to confirm that Hydra Service Inc., located in DeBary, Florida, is the sole Distributor contracted for Sulzer wastewater (formerly ABS) products, including pumps, mixers, blowers and aerators, for the Municipal Wastewater Collection and Treatment market. Hydra Service's territory includes the entire state of Florida. Nationally, we utilize a network of independent distributors/service centers to serve the Municipal, Industrial, Building Trades and Dewatering market segments in specific territories. The authorized distributor for Sulzer products in these segments/territories has the expertise, knowledge, training and access to the latest product developments and upgrades, along with genuine OEM parts. Hydra Service staff is trained in the latest methods in care and start-up of our equipment and has the ability to execute warranty claims. Please do not hesitate to contact me if I can provide any additional information. Sincerely, Tim Laskowski Regional Sales Manager Sulzer Pump Solutions (972) 654 - 0553 Timothy.laskowski@sulzer.com SULZER CONFIDENTIAL City of Edgewater EDGEWATER Legislation Text File #: AR-2023-243, Version: 2 COUNCIL AGENDA ITEM SUBJECT: Parking Agreements - 4t1i of July Celebration and Fireworks Display DEPARTMENT: Parks & Recreation 104 N. Riverside Drive Edgewater, FL 32132 SUMMARY: Annual Parking Agreements for the 4th of July Celebration and Fireworks Display that will take place from E. Park Avenue, City Hall, Kennedy Park and Menard May Park. The property owners will allow the City to utilize their property for overflow parking for the public to attend the event. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve the parking agreements and authorize the Mayor to execute the agreements. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING — 2023) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this 19th day of May , 2023, by and between the CITY OF EDGEWATER ("City") and STONEMOR FLORIDA LLC whose address is 3600 Horizon Blvd., Suite 100, Trevose, PA 19053-4965 owner of EDGEWATER-NEW SMYRNA CEMETERY, located at 700 South Ridgewood Avenue, Edgewater, FL 32132 ("Owner"). WITNESSETH: WHEREAS, the City sponsors many events including but not limited to, annual Laser Light Show in May, Independence Day Celebration Fireworks show in July and Fall Festival and Trunk -Or -Treat in October within the City of Edgewater (the "Events'); and WHEREAS, it is anticipated that the parking requirements for these events will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater in the 700 Block of South Ridgewood Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Events; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Events subject to the terms and conditions set forth in this License Agreement. For the Independence Day Fireworks Show, parking is typically in the front along US Highway 1, however, for the other events, parking overflow would be in the back few acres near the school property. City will provide ample notice, to be sure not to create conflicts with 1 funeral services. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: • Recitals. The above recitals are true and correct and are incorporated herein by reference. • Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. • Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with 2023 Events. The license granted herein may be utilized by the City and its invitees attending the Events. The license shall be effective for end of calendar year of 2023 ending on December 31, 2023. • Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. N • Clean-up and Maintenance. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its' condition prior to the Event. The City hereby agrees to continue to mow the back few acres near the school property as it has done for many years. • Event Support: The City hereby agrees to continue to provide event support to the Edgewater — New Smyrna Cemetery community events Memorial Day Observation and Wreaths Across America Ceremony. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: STONEMOR FLORIDA ATTEST: Bonnie Zlotnik, CMC 9 Printed Name/Title CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Diezel DePew CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING — 4th OF JULY) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this 19th day of May, 2023, by and between the CITY OF EDGEWATER ("City") and EDGEWATER UNITED METHODIST CHURCH, whose address is 211 N. Ridgewood Avenue, Edgewater, Florida 32132 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring an Independence Day Celebration Fireworks Show, which will be held on Tuesday, July 4, 2023 (rain date July 5, 2023), at Kennedy and Menard Parks, within the City of Edgewater (the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater on N. Ridgewood Avenue and Lamont Street (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on July 4, 2023 (rain date July 5, 2023). 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: ATTEST: Bonnie Zlotnik 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, Kundid, & Ciocchetti OWNER: EDGEWATER UNITED METHODIST CHURCH Signature Printed Name Dated: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Diezel DePew Mayor Approved by the City Council of the City of Edgewater at a meeting held on this day of 2023 under Agenda Item No. CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING — 4th OF JULY) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this 19th day of May, 2023, by and between the CITY OF EDGEWATER ("City") and AZAM MOHAMMED ANAWAR CHODHUR, whose address is 4212 Mayfair Lane, Port Orange, Florida 32129 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring an Independence Day Celebration Fireworks Show, which will be held on Tuesday, July 4, 2023, at Kennedy and Menard Parks, within the City of Edgewater (the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater on 106 Lamont Street (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on July 4, 2023. (Rain Date July 5, 2023) 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. 5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event including mowing. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: ATTEST: Bonnie Zlotnik 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, Kundid, & Ciocchetti OWNER: AZAM MOHAMMED, ANAWAR CHODHURY Signature Printed Name Dated: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Diezel DePew Mayor Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2023 under Agenda Item No. 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 I DGEWATER Legislation Text File #: 2023-0-16, Version: 1 ITEM DESCRIPTION: 1st Reading - Ordinance No. 2023-0-16: Jack Lawson, requesting annexation of 2.12± acres of land located at 1890 Old Mission Rd. REQUESTED ACTION: Annexation LOCATION: 1890 Old Mission Rd. AREA: 2.12± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residential FLUM DESIGNATION: Volusia County Low Impact Urban ZONING DISTRICT: Volusia County A-3 (Transitional Agriculture) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUMDesignation ZoningDistrict North Vacant Volusia County Low Impact Volusia County A-3 Urban (Transitional Agriculture) East Single Family Residence Volusia County Low Impact Volusia County A-3 Urban (Transitional Agriculture) South Single Family Residence Volusia County Low Impact Volusia County A-3 Urban (Transitional Agriculture) West Single Family Residence Volusia County Low Impact Volusia County A-3 Urban (Transitional Agriculture) Background: This parcel is located on Old Mission Road approximately 1,800' north of the intersection with Park Avenue. There is a 2,080 square foot building constructed in 2022 on -site. The Future Land Use and Zoning maps will be amended simultaneously with the annexation. The property is located within the Interlocal Service Boundary Area mutually adopted by City and Volusia County. The parcel should generate approximately $3,758.34 in tax revenue for the City. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their May 10, 2023 meeting. City of Edgewater Page 1 of 2 Printed on 5/22/2023 powered by LegistarT" File #: 2023-0-16, Version: 1 Land Use Compatibility: The current single family residence is compatible with the surrounding residences along Old Mission Road. Adequate Public Facilities: The site has access via Old Mission Road. City water is available to the property. Comprehensive Plan Consistency: The proposed annexation is compatible with Policy 1.8.1 of the Future Land Use Element, which states "The City will maintain the interlocal agreement (ISBA) with Volusia County regarding a joint planning area, annexation boundaries, urban service boundaries through compatible County and City land uses." RECOMMENDED ACTION Motion to approve Ordinance No. 2023-0-16 City of Edgewater Page 2 of 2 Printed on 5/22/2023 powered by LegistarTM ORDINANCE NO.2023-0-16 AN ORDINANCE ANNEXING 2.124: ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1890 OLD MISSION ROAD (PARCEL IDENTIFICATION NUMBER 7344-11-00-0040), 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. Jack Lawson, owner, has applied for annexation of property located at 1890 Old Mission Road, within Volusia County, Florida. Subject property contains approximately 2.12± acres. 2. The owner's agent 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 1 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on May 10, 2023, the Board recommended that the property be annexed into the City of Edgewater. St^'�rpassages are deleted. Underlined passages are added. 2023-0-16 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 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 St^'�rpassages are deleted. 2 Underlined passages are added. 2023-0-16 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. 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. PASSED AND DULY ADOPTED this day of , 2023. ATTEST: Bonnie Zlotnik, CMC, City Clerk Passed on first reading on the day of REVIEWED AND APPROVED: Diezel DePew, Mayor 2023 Aaron R. Wolfe, City Attorney St^'�rpassages are deleted. Underlined passages are added. 2023-0-16 K EXHIBIT "A' LEGAL DESCRIPTION Parcel 4, Mission Woods Subdivision, as described In Exhibit "D" in the Declaration of Restrictions, Easements, and -Covenants of Mission Woods Subdivision, recorded in Official Records Book 3162, Page 497, Public Records of Volusia County, Florida, being more particularly described as follows: A portion of Lot 1, Map of the South Third of the Ambrose Hull Grant as recorded In Map Book 5, Page 54, Public Records of Volusia County, Florida, described as follows: From the Southeast comer of Lot 2, said Map of the South Third of the Ambrose Hull Grant. run North 00°52'53" West, the bearing base of this description, along the East line of Lots 1 and 2, a distance of 1188. 76 feet to the Point of Beginning; thence continue North 00°52'53" Wemt. a distance of 270.95 feet; thence departing said East line, run South 81°08'31" West, a distance of 410.93 feet; thence South 03'0V08" East, a distance of 269.72 feet, thence North 81 °08'31" East, a distance of 400. n feet to the Point of Beginning. LESS and EXCEPT the East 63.5 feet measured on the North line and the East 61.01 feet measured on the South line of Lot 4, Mission Woods Unrecorded Subdivision, as conveyed in Trustee's Deed recorded in Official Records Book 5978, Page 2729, Public Records of Volusia County, Florida, for the new R/W for Old Mission Road. This legal description includes any/all adjoining right-of-way relating to the subject property. St^'�rpassages are deleted. 4 Underlined passages are added. 2023-0-16 EXHIBIT "B"' a 5 0. R p 0. Oe -- - {`t ! n a 4 l $ - 1 l VPG TWA ®Sub" Property Struck through passages are deleted Underlined passages are added 2023-0-16 9 a a �a y d � % 1 J , 1 � 1 1 fl- , , , EDGEWATER ` , ® Subject Property \ ?� \ o�,.. oar: 311512023 \ Zoning Approved Site Plan Address: 1890 Old Mission Rd, New Smyrna Beach Zoning: A -3(1)A Notes: In -ground swimming pool and screen enclosure Permit: 20220707076 Approved By: Laura Costa PARCEL 14 NI -0 WI O OI$ PARCEL 13 SET SIT IRON ROD AND CAP 'CORY LB 7883' PARCEL 3 Date: 07/29/2022 410-93'(D) AND CAP'RLS 3254• •RLS 3794• 5 gi'0831'W 347.67" (M J' $81°10'2 W At?t T 1 A16 :Loco 'C:e PORTION 11OF ` sea16 ep a a DS LINE G SFR; YYE4. IND. PARCEL 11 4 y REVIIw DANDAP CWD4Y A121 L1AFROaAI]r IFLOTECDNAfT ENT OFENVIRONMFMAL - EMM RTION REPRESFRTATIVES MOrrWN rIM1PTON. 1 EOOIE RYSAx a aRENNEN IMOAN DN MAY 9. X116. � 1� PEC 5e' PON ROO AND GP ]]SV - %4J79i' _I V A C A N1I Vail : TCOLIFtSE�Ae " C 2.123 \ACRES r6 rnsnlaN FLOOD Zp5_ \ 'L' `M N 81 °08'31 PE �� 8(IM '31' L19 FLOOD :r1tE .y. I� 6r \ i (o (Ml .4a0�F1CW RFTLI@S �\�C• 55 'vi 83.8' X00 •+40 ft- r` eAJ two L 1 sr� Ire I I 1 AI 400.77'(D) 1� SET 5x8' IRON ROD AND CAP "CORY LB 7883' M1I� � o E n o m lV P01NT OF COMMENCEMENT g SOUTNEA4T CORNER OF LOT] SOUTH TMRO OF TFE AMBROSE NULL ORANT MAP BOOKS. PAGE U 1o2YNx3 REG 5e' IRON R00 ANO CAP 7114 J]Sa' 'RL4 JTW' REC 5n1" IRON ROD PARCEL 5 AND CAP 'RLS 3254' 'RLS 3794' Swimming pools shall be located no closer than eight (8) feel, as measured from thwater's edge, from any side or rear ID Ilne. Accompanying screen enclosures, ,any, located no closer than five (5) feet from any Bid or rear lot line. Nothing can be located in any platted easement. Setbacks taken from any ingresslegress easement. 04/14/2021 : REVISED EAST BOl1FDA9Y 08/23/2018 - 5PEC'FIC PIXtPOSE SURVEY: I'EASl1RL-0 SPOT ELEVATIONS & ES7ABLL4FE0.-BErdGN1ARrS' = 07/27/2018: ALL CORNER5 RECOVERED - - TAYLOR ROAD TYPE SURVEY DATE I WORKORDERIf I P.C. I CALC I DRAFT ICHECKEDI LEGEND S II gPECIFK; PURPOSE SUMEY aOUNOARI SURVEY wAnoN LauTlm . . nXN sumEY .. PO/NT OF BEG/NN/NG 07/27/20E WCY6' IRON R00 CRAPHC SCALE w a b ( N FeET ) I itch - 50 rt. PDX ROOM BENCHMARK NO. 2 IPI PUi SET NAIL IN NORTH SIDE L.% L. CONI %' h Ess roil XorEO 0 OF 55" OAK TREE 10, YECRPTgX " NI LSO ELEVATION = 9.50 FEET D •OEWTE6 OC}IPPE O a a (NAVD 1988) ICI " IGVGI hED •POAER P0.E tP. "0TXERNi9ENGM 13 •pERp2S OOrI06rR Z&0 r Opo Moa oX uXLEs RwsE rarEo pR«II •roX' `++AOEL OA •OFiICMLRECpN EC Cpa,TR]FaN e�wF :aEreaEo w°°tiREF� Nn .EMPeoa PIAXrO •eEdWXO K ! XAY -0F-wwY U� Q 1 BENCHMARK NO. 1 REC •RECOVFAED SET NAIL IN WEST SIDE I OF UTILITY POLE ELEVATION = 10.00 FEET ® •ErER TEn (NAVD 1988) gPECIFK; PURPOSE SUMEY aOUNOARI SURVEY wAnoN LauTlm . . nXN sumEY .. PO/NT OF BEG/NN/NG 07/27/20E WCY6' IRON R00 CRAPHC SCALE w a b ( N FeET ) I itch - 50 rt. PDX ROOM R •DELTA IPI PUi P.�M PERXAFEXr RE)EIEir L.% L. CONI %' h Ess roil XorEO • Rnoa6 DR 10, YECRPTgX " NI LSO 110XUMEM P.c P. PEww.XE rcOlmoL D •OEWTE6 OC}IPPE .��m C •OKXA ICI " IGVGI hED •POAER P0.E tP. "0TXERNi9ENGM 13 •pERp2S OOrI06rR Ca •r]10R0 BE.WXG T • T N^T OX IPP1 •iRORATEO IDI •ORE) .GUY MRE Oa • pyEgr,EAp UTEJT- Moa oX uXLEs RwsE rarEo pR«II •roX' `++AOEL OA •OFiICMLRECpN EC Cpa,TR]FaN e�wF :aEreaEo w°°tiREF� Nn .EMPeoa PIAXrO •eEdWXO K ! XAY -0F-wwY 7"K •FWCwPoTAL bETAl i1MING a fOPTOF •m 'n. ( :CENTER Lao REC •RECOVFAED rrwx C OOIAME -T ® •CONCRETE (cPKI 'T.� ® •ErER TEn LVKR ® T[STOOP EUI EA9iCCORDRM1EhVN. •LKEN6E0 BJ9K33 FSM m •TEaL�OOMM1N1G10Ns (TIE) •PROFESSIONEL SIx1VEYtlL.VD WPFFR FI - PSURANCEMTE rUP -:1 AVO.• NOr1TN ANERIGN VEATIrX OATW N6 VD•NATKNAL GEOOErICYERTFILMLW �cc, .In<.,a m.R,R,r,.v. mX.P, ,,,,� .FlMSHEO BOOR ELEVATION FRG n[INCr1CFD COXLI+ETE rttE ' Wa •OORRDOATE➢LETAL RFE rnF •coRRLCATmPwrlc FE+E PLAT OF BOUNDARY SURVEY OF Parcel 4, Mission Woods Subdivision, as described in Exhibit "D" in the Declaration of Restrictions, Easements, and Covenants of Mission Woods Subdivision, recorded in Official Records Book 3162, Page 497, Public Records ofVdusia County, Florida, being more particularly described as follows: A portion of Lot 1, Map of the South Third of the Ambrose Hull Grant as recorded in Map Book S Page 54, Public Records of Voiusia County, Rorida, described as follows: From the Southeast corner of Lot 2, said Map of the South Third of the Ambrose Hull Grant, run North 00.52'53" West the bearing base of this desaiptfon, along the East line of Lots 1 and 2, a distance of 1188.76 feet to the Point of Beginning; thence continue North 00.5257 West a distance of 270.95 feet; thence departing said Fast line, run South 81°08'31" West, a distance of 410.93 feet; thence South 03'01'08" Fast, a distance of 269.72 feet (hence North 81'08'31" East a distance of 400.77 feet to the Point of Beginning. LESS and EXCEPT the East 63.5 feel measured on the North line and the East 61,01 feet measured on the South line of Lot 4, Mission Woods Unrecorded Subdivision, as conveyed In Trustee's Deed recorded in Official Records Boric 5978, Page 2729, Public Records of Vol usia County, Florida, for the new RNV for Old Mission Road. SURVEY REPORT: 1. Description per Warranty Deed recorded in Official Records Book 7737, Page 4409 of the Public Records of Wlusia County, Florida. 2. Bearings refer to description and based on the east line of said Lots 1 and 2 as being North 00152' 53" Fast 3 Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of record. 4. This map of survey and report prepared without the benefit of an abstract and no title work has been performed or provided to this surveyor. 5. This map of survey and report Is subject to any facts that may be disclosed by a full and accurate title search. 6. The location of any subsurface foundations, Improvements, features or utilities which may or may not exist and which may or may not violate deed or easement lines are not determined or addressed by this survey. 7. Dimensions indicated hereon aro in U.S. standard feet and decimate thereof, unless otherwise noted. 8. Elevations Indrealed hereon are in U. S. standard feet and decimals referenced to North American Ve Datum 19M and are based on City of Edgewater, Florida benchmark "520-70-2•, published elevation 9.10 feel National Geodetic Vertical Datum 1929 (7.90 feet North American Vertical Datum 1988). 9. Unless otherwise noted, the monumentation has no identification number or name. 10. Drawing distance between features and property fine may be exaggerated for clarity. 11. Features shown by symbol as indicated are not to scale. 12. Subject to Declaration of Restrictions, Easements and Covenants of MISSION WOODS SUBDIVISION, recorded in Official Records Book 3162, Page 497, Public Records of Volusia County, Florida. 13. The wetlands line was flagged by Biological Consulting Services, Inc., 208 Rush Street New Smyrna Beach, Florida, 32168. Wetlands line reviewed and approved by the Florida Department d Environmental Prorectico representatives Morgan Hampton, Eddie Rysak and Brennen Hagan on May 9, 2018. 14. Spot elevations measured and benchmarks established per client's request 15. Additions or deletions to this surrey map or report by other than the signing parry or parties is prohibited without written consent of to signing party or parties per FA.C. Rub 5J-17.051(3xb)6. 16. The survey map and report or copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. CERTIFIED TO: .TACK E LAWSON and CAROL S. M4XWELL-LAWSON CERTIFICATE OF AUTHORIZATION NUMBER LB 7883 1 hereby certify that this survey map and report or Elle subjed property is We and carred to the best of my knovAedix , information and belief as surveyed In the field under my Plpervision m the dales 6town hereon. I further certify that this survey map and report meats the Standards of Practice set forth in F.A.C. Rule 5)•17, adopted by the Florida Board of Professional Surveyors and Mappers, pursuant to Florida Statutes Ch. 472.027, subjed to the quatificatims Wed hereon. Jeffrey W. Cory' DAN/EL W. CORY P.S.M. NO. 2027 JEFFREY W. CORY P. S M. NO. 4139 PROPERTY I4 LOGTED IN F.I.RM. ZONEe51 "K' & 'AE (EL 5)' LOCATPON I4 DETERMINED FROM FAA M. CONiNI INIIV L 125132 0700 J WIKVISED 09/29/2017 DANIEL W_CORY SURVEYQR.LLCqu- 3e0 CA64AL STREET NEIY:$M'i)04A BEACH,' FLORIDA 321 ea PREPARED FOR_�..JAgK,&.CAROL?CAWSON SCALE T = 50'' 'FILE N.:...6008 MW I GEWATER File #: 2023-0-17, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: I't Reading - Ordinance No. 2023-0-17: Jack Lawson, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.12± acres of land located at 1890 Old Mission Road as Low Density Transition with Conservation Overlay OWNER: Jack and Carol Maxwell -Lawson REQUESTED ACTION: Future Land Use Map Amendment LOCATION: 1890 Old Mission Rd. AREA: 2.12± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residential FLUM DESIGNATION: Volusia County Low Impact Urban ZONING DISTRICT: Volusia County A-3 (Transitional Agriculture) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Low Impact Volusia County A-3 (Transitional UrbanAgriculture) East Single Family Residence Volusia County Low Impact Volusia County A-3 (Transitional Urban Agriculture) South Single Family Residence Volusia County Low Impact Volusia County A-3 Urban (Transitional Agriculture) West Single Family Residence Volusia County Low Impact Volusia County A-3 Urban (Transitional Agriculture) Background: This parcel is located on Old Mission Road approximately 1,800' north of the intersection with Park Avenue. There is a 2,080 square foot building constructed in 2022 on -site. The Future Land Use and Zoning maps will be amended simultaneously with the annexation. The property is located within the Interlocal Service Boundary Area mutually adopted by City and Volusia County. The Planning and Zoning Board voted to approve the request at their May 10, 2023 meeting. City of Edgewater Page 1 of 2 Printed on 5/22/2023 powered by LegistarTM File #: 2023-0-17, Version: 1 Land Use Compatibility: The current single family residence is compatible with the surrounding residences along Old Mission Road. Adequate Public Facilities: The site has access via Old Mission Road. City water is available to the property. Comprehensive Plan Consistency: The proposed annexation is compatible with Policy 1.8.1 of the Future Land Use Element, which states "The City will maintain the interlocal agreement (ISBA) with Volusia County regarding a joint planning area, annexation boundaries, urban service boundaries through compatible County and City." RECOMMENDED ACTION Motion to approve Ordinance No. 2023-0-17 City of Edgewater Page 2 of 2 Printed on 5/22/2023 powered by LegistarTM ORDINANCE NO.2023-0-17 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM VOLUSIA COUNTY LOW IMPACT URBAN TO CITY LOW DENSITY TRANSITION WITH CONSERVATION OVERLAY FOR 2.12f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1890 OLD MISSION ROAD (PARCEL IDENTIFICATION NUMBER 7344- 11-00-0040), E D G E W A T E R, FLORIDA; PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Jack Lawson, applicant, has applied for an amendment to the Comprehensive Plan Future Land Use Map to include property located property located at 1890 Old Mission Road (Tax Parcel No. within Volusia County, Florida as Low Density Transition with Conservation Overlay. Subject property contains approximately 2.12f 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, May 10, 2023, 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 -0-10, 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 Exhibits StFke thFeug4passages are deleted. 1 Underlined passages are added. 2023-0-17 "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 July 3, 2023, 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. 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 E. 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, StFke thFeuig4passages are deleted. 2 Underlined passages are added. 2023-0-17 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. PASSED AND DULY ADOPTED this day of , 2023. ATTEST: Bonnie Zlotnik, CMC, City Clerk Passed on first reading on the day of 12023 REVIEWED AND APPROVED: Diezel DePew, Mayor Aaron R. Wolfe, City Attorney StFke thFeuig4passages are deleted. 3 Underlined passages are added. 2023-0-17 EXHIBIT "A" LEGAL DESCRIPTION Parcel 4, Mission Woods Subdivision, as described In Exhibit "D" in the Declaration of Restrictions, Easements, and -Covenants of Mission Woods Subdivision, recorded in Official Records Book 3162, Page 497, Public Records of Volusia County, Florida, being more particularly described as follows: A portion of Lot 1, Map of the South Third of the Ambrose Hull Grant as recorded In Map Book 5, Page 54, Public Records of Volusia County, Florida, described as follows: From the Southeast comer of Lot 2, said Map of the South Third of the Ambrose Hull Grant. run North 00°52'53" West, the bearing base of this description, along the East line of Lots 1 and 2, a distance of 1188. 76 feet to the Point of Beginning; thence continue North 00°52'53" We❑t. a distance of 270.95 feet; thence departing said East line, run South 81°08'31" West, a distance of 410.93 feet; thence South 03'0V08" East, a distance of 269.72 feet, thence North 81 °08'31" East, a distance of 400. n feet to the Point of Beginning. LESS and EXCEPT the East 63.5 feet measured on the North line and the East 61.01 feet measured on the South line of Lot 4, Mission Woods Unrecorded Subdivision, as conveyed in Trustee's Deed recorded in Official Records Book 5978, Page 2729, Public Records of Volusia County, Florida, for the new R/W for Old Mission Road. StFke thFeuig4passages are deleted. Underlined passages are added. 2023-0-17 EXHIBIT "B" l I -ell -- J 1 i t � tiix:rn•.�rrrr � ®Subpc7 Properly Strike through -passages are deleted. Underlined passages are added. 2023-0-17 a a �a y d � % 1 J , 1 � 1 1 fl- , , , EDGEWATER ` , ® Subject Property \ ?� \ o�,.. oar: 311512023 \ Existing Subject Property Parcel: 7344-11-0-00-040 Current County Future Land Use: Low Impact Urban a City of Edgewater Future Land Use Map ® Babied Pmpeny Conservadon Overlay O Agri.1— R r,,ti,n ultureRecreation - Conservation _ PubidS..l-Public -High Density Re d.ntial Medium Density Residential O LowDensity Rasitle,h,l _ Low Density Transition O Mixetl Use O InLustdal _ Commerolal OSustainable Community Development County: UMI City: HDR NO - L61 u 'Vistayaks Bivid City: LDR Pro posed County: UMI City: HDR Subject Property Parcel: 7344-11-0-00-040 i - — Vista Oaks City: LDR i Proposed City Future Land Use: Low Density Transition with Conservation Overlay O y 4 w0County: LIU Y I EDGE4VATER City: LDR City of Edgewater Future Land Use Map ® Subject Properly � Conservation Overlay _ Agriculture _ Recreation _ Conservation _ PubliGS..FPublic _ High Density Residential _ Medium Density Residential OLow Density Residential _ Low Density Transition _ Mixetl Use _ Ind -tial _ Commercial QSustainable Community Development Zoning Approved Site Plan Address: 1890 Old Mission Rd, New Smyrna Beach Zoning: A -3(1)A Notes: In -ground swimming pool and screen enclosure Permit: 20220707076 Approved By: Laura Costa PARCEL 14 NI -0 WI O OI$ PARCEL 13 SET SIT IRON ROD AND CAP 'CORY LB 7883' PARCEL 3 Date: 07/29/2022 410-93'(D) AND CAP'RLS 3254• •RLS 3794• 5 gi'0831'W 347.67" (M J' $81°10'2 W At?t T 1 A16 :Loco 'C:e PORTION 11OF ` sea16 ep a a DS LINE G SFR; YYE4. IND. PARCEL 11 4 y REVIIw DANDAP CWD4Y A121 L1AFROaAI]r IFLOTECDNAfT ENT OFENVIRONMFMAL - EMM RTION REPRESFRTATIVES MOrrWN rIM1PTON. 1 EOOIE RYSAx a aRENNEN IMOAN DN MAY 9. X116. � 1� PEC 5e' PON ROO AND GP ]]SV - %4J79i' _I V A C A N1I Vail : TCOLIFtSE�Ae " C 2.123 \ACRES r6 rnsnlaN FLOOD Zp5_ \ 'L' `M N 81 °08'31 PE �� 8(IM '31' L19 FLOOD :r1tE .y. I� 6r \ i (o (Ml .4a0�F1CW RFTLI@S �\�C• 55 'vi 83.8' X00 •+40 ft- r` eAJ two L 1 sr� Ire I I 1 AI 400.77'(D) 1� SET 5x8' IRON ROD AND CAP "CORY LB 7883' M1I� � o E n o m lV P01NT OF COMMENCEMENT g SOUTNEA4T CORNER OF LOT] SOUTH TMRO OF TFE AMBROSE NULL ORANT MAP BOOKS. PAGE U 1o2YNx3 REG 5e' IRON R00 ANO CAP 7114 J]Sa' 'RL4 JTW' REC 5n1" IRON ROD PARCEL 5 AND CAP 'RLS 3254' 'RLS 3794' Swimming pools shall be located no closer than eight (8) feel, as measured from thwater's edge, from any side or rear ID Ilne. Accompanying screen enclosures, ,any, located no closer than five (5) feet from any Bid or rear lot line. Nothing can be located in any platted easement. Setbacks taken from any ingresslegress easement. 04/14/2021 : REVISED EAST BOl1FDA9Y 08/23/2018 - 5PEC'FIC PIXtPOSE SURVEY: I'EASl1RL-0 SPOT ELEVATIONS & ES7ABLL4FE0.-BErdGN1ARrS' = 07/27/2018: ALL CORNER5 RECOVERED - - TAYLOR ROAD TYPE SURVEY DATE I WORKORDERIf I P.C. I CALC I DRAFT ICHECKEDI LEGEND S II gPECIFK; PURPOSE SUMEY aOUNOARI SURVEY wAnoN LauTlm . . nXN sumEY .. PO/NT OF BEG/NN/NG 07/27/20E WCY6' IRON R00 CRAPHC SCALE w a b ( N FeET ) I itch - 50 rt. PDX ROOM BENCHMARK NO. 2 IPI PUi SET NAIL IN NORTH SIDE L.% L. CONI %' h Ess roil XorEO 0 OF 55" OAK TREE 10, YECRPTgX " NI LSO ELEVATION = 9.50 FEET D •OEWTE6 OC}IPPE O a a (NAVD 1988) ICI " IGVGI hED •POAER P0.E tP. "0TXERNi9ENGM 13 •pERp2S OOrI06rR Z&0 r Opo Moa oX uXLEs RwsE rarEo pR«II •roX' `++AOEL OA •OFiICMLRECpN EC Cpa,TR]FaN e�wF :aEreaEo w°°tiREF� Nn .EMPeoa PIAXrO •eEdWXO K ! XAY -0F-wwY U� Q 1 BENCHMARK NO. 1 REC •RECOVFAED SET NAIL IN WEST SIDE I OF UTILITY POLE ELEVATION = 10.00 FEET ® •ErER TEn (NAVD 1988) gPECIFK; PURPOSE SUMEY aOUNOARI SURVEY wAnoN LauTlm . . nXN sumEY .. PO/NT OF BEG/NN/NG 07/27/20E WCY6' IRON R00 CRAPHC SCALE w a b ( N FeET ) I itch - 50 rt. PDX ROOM R •DELTA IPI PUi P.�M PERXAFEXr RE)EIEir L.% L. CONI %' h Ess roil XorEO • Rnoa6 DR 10, YECRPTgX " NI LSO 110XUMEM P.c P. PEww.XE rcOlmoL D •OEWTE6 OC}IPPE .��m C •OKXA ICI " IGVGI hED •POAER P0.E tP. "0TXERNi9ENGM 13 •pERp2S OOrI06rR Ca •r]10R0 BE.WXG T • T N^T OX IPP1 •iRORATEO IDI •ORE) .GUY MRE Oa • pyEgr,EAp UTEJT- Moa oX uXLEs RwsE rarEo pR«II •roX' `++AOEL OA •OFiICMLRECpN EC Cpa,TR]FaN e�wF :aEreaEo w°°tiREF� Nn .EMPeoa PIAXrO •eEdWXO K ! XAY -0F-wwY 7"K •FWCwPoTAL bETAl i1MING a fOPTOF •m 'n. ( :CENTER Lao REC •RECOVFAED rrwx C OOIAME -T ® •CONCRETE (cPKI 'T.� ® •ErER TEn LVKR ® T[STOOP EUI EA9iCCORDRM1EhVN. •LKEN6E0 BJ9K33 FSM m •TEaL�OOMM1N1G10Ns (TIE) •PROFESSIONEL SIx1VEYtlL.VD WPFFR FI - PSURANCEMTE rUP -:1 AVO.• NOr1TN ANERIGN VEATIrX OATW N6 VD•NATKNAL GEOOErICYERTFILMLW �cc, .In<.,a m.R,R,r,.v. mX.P, ,,,,� .FlMSHEO BOOR ELEVATION FRG n[INCr1CFD COXLI+ETE rttE ' Wa •OORRDOATE➢LETAL RFE rnF •coRRLCATmPwrlc FE+E PLAT OF BOUNDARY SURVEY OF Parcel 4, Mission Woods Subdivision, as described in Exhibit "D" in the Declaration of Restrictions, Easements, and Covenants of Mission Woods Subdivision, recorded in Official Records Book 3162, Page 497, Public Records ofVdusia County, Florida, being more particularly described as follows: A portion of Lot 1, Map of the South Third of the Ambrose Hull Grant as recorded in Map Book S Page 54, Public Records of Voiusia County, Rorida, described as follows: From the Southeast corner of Lot 2, said Map of the South Third of the Ambrose Hull Grant, run North 00.52'53" West the bearing base of this desaiptfon, along the East line of Lots 1 and 2, a distance of 1188.76 feet to the Point of Beginning; thence continue North 00.5257 West a distance of 270.95 feet; thence departing said Fast line, run South 81°08'31" West, a distance of 410.93 feet; thence South 03'01'08" Fast, a distance of 269.72 feet (hence North 81'08'31" East a distance of 400.77 feet to the Point of Beginning. LESS and EXCEPT the East 63.5 feel measured on the North line and the East 61,01 feet measured on the South line of Lot 4, Mission Woods Unrecorded Subdivision, as conveyed In Trustee's Deed recorded in Official Records Boric 5978, Page 2729, Public Records of Vol usia County, Florida, for the new RNV for Old Mission Road. SURVEY REPORT: 1. Description per Warranty Deed recorded in Official Records Book 7737, Page 4409 of the Public Records of Wlusia County, Florida. 2. Bearings refer to description and based on the east line of said Lots 1 and 2 as being North 00152' 53" Fast 3 Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of record. 4. This map of survey and report prepared without the benefit of an abstract and no title work has been performed or provided to this surveyor. 5. This map of survey and report Is subject to any facts that may be disclosed by a full and accurate title search. 6. The location of any subsurface foundations, Improvements, features or utilities which may or may not exist and which may or may not violate deed or easement lines are not determined or addressed by this survey. 7. Dimensions indicated hereon aro in U.S. standard feet and decimate thereof, unless otherwise noted. 8. Elevations Indrealed hereon are in U. S. standard feet and decimals referenced to North American Ve Datum 19M and are based on City of Edgewater, Florida benchmark "520-70-2•, published elevation 9.10 feel National Geodetic Vertical Datum 1929 (7.90 feet North American Vertical Datum 1988). 9. Unless otherwise noted, the monumentation has no identification number or name. 10. Drawing distance between features and property fine may be exaggerated for clarity. 11. Features shown by symbol as indicated are not to scale. 12. Subject to Declaration of Restrictions, Easements and Covenants of MISSION WOODS SUBDIVISION, recorded in Official Records Book 3162, Page 497, Public Records of Volusia County, Florida. 13. The wetlands line was flagged by Biological Consulting Services, Inc., 208 Rush Street New Smyrna Beach, Florida, 32168. Wetlands line reviewed and approved by the Florida Department d Environmental Prorectico representatives Morgan Hampton, Eddie Rysak and Brennen Hagan on May 9, 2018. 14. Spot elevations measured and benchmarks established per client's request 15. Additions or deletions to this surrey map or report by other than the signing parry or parties is prohibited without written consent of to signing party or parties per FA.C. Rub 5J-17.051(3xb)6. 16. The survey map and report or copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. CERTIFIED TO: .TACK E LAWSON and CAROL S. M4XWELL-LAWSON CERTIFICATE OF AUTHORIZATION NUMBER LB 7883 1 hereby certify that this survey map and report or Elle subjed property is We and carred to the best of my knovAedix , information and belief as surveyed In the field under my Plpervision m the dales 6town hereon. I further certify that this survey map and report meats the Standards of Practice set forth in F.A.C. Rule 5)•17, adopted by the Florida Board of Professional Surveyors and Mappers, pursuant to Florida Statutes Ch. 472.027, subjed to the quatificatims Wed hereon. Jeffrey W. Cory' DAN/EL W. CORY P.S.M. NO. 2027 JEFFREY W. CORY P. S M. NO. 4139 PROPERTY I4 LOGTED IN F.I.RM. ZONEe51 "K' & 'AE (EL 5)' LOCATPON I4 DETERMINED FROM FAA M. CONiNI INIIV L 125132 0700 J WIKVISED 09/29/2017 DANIEL W_CORY SURVEYQR.LLCqu- 3e0 CA64AL STREET NEIY:$M'i)04A BEACH,' FLORIDA 321 ea PREPARED FOR_�..JAgK,&.CAROL?CAWSON SCALE T = 50'' 'FILE N.:...6008 MW I GEWATER File #: 2023-0-18, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: 1 It Reading - Ordinance No. 2023-0-18: Jack Lawson, requesting an amendment to the Official Zoning Map to include 2.12± acres of land located at 1890 Old Mission Road as RT (Rural Transitional). OWNER: Jack and Carol Maxwell -Lawson REQUESTED ACTION: Official Zoning Map Amendment LOCATION: 1890 Old Mission Rd. AREA: 2.12± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residential FLUM DESIGNATION: Volusia County Low Impact Urban ZONING DISTRICT: Volusia County A-3 (Transitional Agriculture) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Low Impact Volusia County A-3 (Transitional Urban Agriculture) East Single Family Residence Volusia County Low Impact Volusia County A-3 (Transitional Urban griculture) South Single Family Residence Volusia County Low Impact Volusia County A-3 Urban (Transitional Agriculture) West Single Family Residence Volusia County Low Impact Volusia County A-3 Urban (Transitional Agriculture) Background: This parcel is located on Old Mission Road approximately 1,800' north of the intersection with Park Avenue. There is a 2,080 square foot building constructed in 2022 on -site. The Future Land Use and Zoning maps will be amended simultaneously with the annexation. The property is located within the Interlocal Service Boundary Area mutually adopted by City and Volusia County. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their May 10, 2023 meeting. City of Edgewater Page 1 of 2 Printed on 5/22/2023 powered by LegistarTM File #: 2023-0-18, Version: 1 Land Use Compatibility: The current single family residence is compatible with the surrounding residences along Old Mission Road. Adequate Public Facilities: The site has access via Old Mission Road. City water is available to the property. Comprehensive Plan Consistency: Per Table III-1 (Land Use and Zoning Compatibility) of the Land Development Code RT (Rural Transitional) is compatible with the Future Land Use designation of Low Density Transition. RECOMMENDED ACTION Motion to approve Ordinance No. 2023-0-18 City of Edgewater Page 2 of 2 Printed on 5/22/2023 powered by LegistarTM ORDINANCE NO. 2023-0-48 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM V O L U S I A COUNTY A -3 (TRANSITIONAL AGRICULTURE) TO CITY R T (RURAL TRANSITIONAL) FOR 2.12E ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1890 OLD MISSION ROAD (PARCEL IDENTIFICATION NUMBER 7344-11-00-0040), 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. Jack and Carol Maxwell- Lawson are the owners of the property located at 1890 Old Mission Road (Tax Parcel No. 7344-11-00-0040) within Volusia County, Florida. Subject property contains approximately 2.12± acres. 2. The owners have submitted an application for a change in zoning classification from Volusia County A-3 (Transitional Agriculture) City RT (Rural Transitional) for the property described herein. 3. On May 10, 2023, 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. Stri'�rpassages are deleted. 1 Underlined passages are added. 2023-0-18 7. The proposed change in zoning classification will not have an adverse effect on 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 Volusia County A-3 (Transitional Agriculture) to RT (Rural Transitional), 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. Stri'�rpassages are deleted. 2 Underlined passages are added. 2023-0-18 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. PASSED AND DULY ADOPTED this day of Diezel DePew, Mayor ATTEST: Bonnie Zlotnik, CMC, City Clerk Passed on first reading on the day of 12023 REVIEWED AND APPROVED: Aaron R. Wolfe, City Attorney Stri'�rpassages are deleted. Underlined passages are added. 2023. 2023-0-18 EXHIBIT "A" LEGAL DESCRIPTION Parcel 4, Mission Woods Subdivision, as described In Exhibit "D" in the Declaration of Restrictions, Easements, and -Covenants of Mission Woods Subdivision, recorded in Official Records Book 3162, Page 497, Public Records of Volusia County, Florida, being more particularly described as follows: A portion of Lot 1, Map of the South Third of the Ambrose Hull Grant as recorded In Map Book 5, Page 54, Public Records of Volusia County, Florida, described as follows: From the Southeast comer of Lot 2, said Map of the South Third of the Ambrose Hull Grant. run North 00°52'53" West, the bearing base of this description, along the East line of Lots 1 and 2, a distance of 1188. 76 feet to the Point of Beginning; thence continue North 00°52'53" WeOt. a distance of 270.95 feet; thence departing said East line, run South 81°08'31" West, a distance of 410.93 feet; thence South 03'01'08" East, a distance of 269.72 feet, thence North 81 °08'31" East, a distance of 400. n feet to the Point of Beginning. LESS and EXCEPT the East 63.5 feet measured on the North line and the East 6 1. 01 feet measured on the South line of Lot 4, Mission Woods Unrecorded Subdivision, as conveyed in Trustee's Deed recorded in Official Records Book 5978, Page 2729, Public Records of Volusia County, Florida, for the new R/W for Old Mission Road. Stri'�rpassages are deleted. 4 Underlined passages are added. 2023-0-18 EXHIBIT "B" ems-• . n ,a o� l ti O rr __- -- -- __ a _- 1 __- ------ ¢ 1 i i I l ,1 ipG E WA7-1Ij 1 ®Subject Property - 11 1 ll �I Strike through -passages are deleted. 5 Underlined passages are added. 2023-0-18 a a �a y d � % 1 J , 1 � 1 1 fl- , , , EDGEWATER ` , ® Subject Property \ ?� \ o�,.. oar: 311512023 \ Existing L, County: MH -1 Subject Property Parcel: 7344-11-00-0040 Current County Zoning: A-3(1) - Transitional Agriculture Data: 3115/2023 County: MH -5 County: MH -1 Proposed Subject Property Parcel: 7344-11-00-0040 Proposed City Zoning: RT - Rural Transitional County: A-3 County: MH -5 Blvd Vista �a� w�e EDGE4VATER ZONING MH -1 - Mobile Home Park R - Recreation O AG - Agriculture MH -2- Manufactured Home Subdivision P/5P-Public/Semi-Public RT - Rural Transitional O B-2 - Neighborhood Business EC/CC - Employment Center/Community Center O R-1- SF Residential B-3 - Highway Commercial O CN - Conseivadon O R-2 - SF Resldendal B4 - Tourist Commercial MUPUD - Mixed Use Planned Unit Development - R-3 - SF Residential F—I BPUD - Business Planned Unit Development - R-4 - MF Residential O I-1 - light Industnal - R-5 - MF Residential 1-2 - Heavy Industrial LM RPUD - Residential Planned Unit Development WILD - Industrial Planned Una Development RP - Residential Professional Office Data: 3115/2023 County: MH -5 County: MH -1 Proposed Subject Property Parcel: 7344-11-00-0040 Proposed City Zoning: RT - Rural Transitional County: A-3 County: MH -5 Blvd Vista �a� Zoning Approved Site Plan Address: 1890 Old Mission Rd, New Smyrna Beach Zoning: A -3(1)A Notes: In -ground swimming pool and screen enclosure Permit: 20220707076 Approved By: Laura Costa PARCEL 14 NI -0 WI O OI$ PARCEL 13 SET SIT IRON ROD AND CAP 'CORY LB 7883' PARCEL 3 Date: 07/29/2022 410-93'(D) AND CAP'RLS 3254• •RLS 3794• 5 gi'0831'W 347.67" (M J' $81°10'2 W At?t T 1 A16 :Loco 'C:e PORTION 11OF ` sea16 ep a a DS LINE G SFR; YYE4. IND. PARCEL 11 4 y REVIIw DANDAP CWD4Y A121 L1AFROaAI]r IFLOTECDNAfT ENT OFENVIRONMFMAL - EMM RTION REPRESFRTATIVES MOrrWN rIM1PTON. 1 EOOIE RYSAx a aRENNEN IMOAN DN MAY 9. X116. � 1� PEC 5e' PON ROO AND GP ]]SV - %4J79i' _I V A C A N1I Vail : TCOLIFtSE�Ae " C 2.123 \ACRES r6 rnsnlaN FLOOD Zp5_ \ 'L' `M N 81 °08'31 PE �� 8(IM '31' L19 FLOOD :r1tE .y. I� 6r \ i (o (Ml .4a0�F1CW RFTLI@S �\�C• 55 'vi 83.8' X00 •+40 ft- r` eAJ two L 1 sr� Ire I I 1 AI 400.77'(D) 1� SET 5x8' IRON ROD AND CAP "CORY LB 7883' M1I� � o E n o m lV P01NT OF COMMENCEMENT g SOUTNEA4T CORNER OF LOT] SOUTH TMRO OF TFE AMBROSE NULL ORANT MAP BOOKS. PAGE U 1o2YNx3 REG 5e' IRON R00 ANO CAP 7114 J]Sa' 'RL4 JTW' REC 5n1" IRON ROD PARCEL 5 AND CAP 'RLS 3254' 'RLS 3794' Swimming pools shall be located no closer than eight (8) feel, as measured from thwater's edge, from any side or rear ID Ilne. Accompanying screen enclosures, ,any, located no closer than five (5) feet from any Bid or rear lot line. Nothing can be located in any platted easement. Setbacks taken from any ingresslegress easement. 04/14/2021 : REVISED EAST BOl1FDA9Y 08/23/2018 - 5PEC'FIC PIXtPOSE SURVEY: I'EASl1RL-0 SPOT ELEVATIONS & ES7ABLL4FE0.-BErdGN1ARrS' = 07/27/2018: ALL CORNER5 RECOVERED - - TAYLOR ROAD TYPE SURVEY DATE I WORKORDERIf I P.C. I CALC I DRAFT ICHECKEDI LEGEND S II gPECIFK; PURPOSE SUMEY aOUNOARI SURVEY wAnoN LauTlm . . nXN sumEY .. PO/NT OF BEG/NN/NG 07/27/20E WCY6' IRON R00 CRAPHC SCALE w a b ( N FeET ) I itch - 50 rt. PDX ROOM BENCHMARK NO. 2 IPI PUi SET NAIL IN NORTH SIDE L.% L. CONI %' h Ess roil XorEO 0 OF 55" OAK TREE 10, YECRPTgX " NI LSO ELEVATION = 9.50 FEET D •OEWTE6 OC}IPPE O a a (NAVD 1988) ICI " IGVGI hED •POAER P0.E tP. "0TXERNi9ENGM 13 •pERp2S OOrI06rR Z&0 r Opo Moa oX uXLEs RwsE rarEo pR«II •roX' `++AOEL OA •OFiICMLRECpN EC Cpa,TR]FaN e�wF :aEreaEo w°°tiREF� Nn .EMPeoa PIAXrO •eEdWXO K ! XAY -0F-wwY U� Q 1 BENCHMARK NO. 1 REC •RECOVFAED SET NAIL IN WEST SIDE I OF UTILITY POLE ELEVATION = 10.00 FEET ® •ErER TEn (NAVD 1988) gPECIFK; PURPOSE SUMEY aOUNOARI SURVEY wAnoN LauTlm . . nXN sumEY .. PO/NT OF BEG/NN/NG 07/27/20E WCY6' IRON R00 CRAPHC SCALE w a b ( N FeET ) I itch - 50 rt. PDX ROOM R •DELTA IPI PUi P.�M PERXAFEXr RE)EIEir L.% L. CONI %' h Ess roil XorEO • Rnoa6 DR 10, YECRPTgX " NI LSO 110XUMEM P.c P. PEww.XE rcOlmoL D •OEWTE6 OC}IPPE .��m C •OKXA ICI " IGVGI hED •POAER P0.E tP. "0TXERNi9ENGM 13 •pERp2S OOrI06rR Ca •r]10R0 BE.WXG T • T N^T OX IPP1 •iRORATEO IDI •ORE) .GUY MRE Oa • pyEgr,EAp UTEJT- Moa oX uXLEs RwsE rarEo pR«II •roX' `++AOEL OA •OFiICMLRECpN EC Cpa,TR]FaN e�wF :aEreaEo w°°tiREF� Nn .EMPeoa PIAXrO •eEdWXO K ! XAY -0F-wwY 7"K •FWCwPoTAL bETAl i1MING a fOPTOF •m 'n. ( :CENTER Lao REC •RECOVFAED rrwx C OOIAME -T ® •CONCRETE (cPKI 'T.� ® •ErER TEn LVKR ® T[STOOP EUI EA9iCCORDRM1EhVN. •LKEN6E0 BJ9K33 FSM m •TEaL�OOMM1N1G10Ns (TIE) •PROFESSIONEL SIx1VEYtlL.VD WPFFR FI - PSURANCEMTE rUP -:1 AVO.• NOr1TN ANERIGN VEATIrX OATW N6 VD•NATKNAL GEOOErICYERTFILMLW �cc, .In<.,a m.R,R,r,.v. mX.P, ,,,,� .FlMSHEO BOOR ELEVATION FRG n[INCr1CFD COXLI+ETE rttE ' Wa •OORRDOATE➢LETAL RFE rnF •coRRLCATmPwrlc FE+E PLAT OF BOUNDARY SURVEY OF Parcel 4, Mission Woods Subdivision, as described in Exhibit "D" in the Declaration of Restrictions, Easements, and Covenants of Mission Woods Subdivision, recorded in Official Records Book 3162, Page 497, Public Records ofVdusia County, Florida, being more particularly described as follows: A portion of Lot 1, Map of the South Third of the Ambrose Hull Grant as recorded in Map Book S Page 54, Public Records of Voiusia County, Rorida, described as follows: From the Southeast corner of Lot 2, said Map of the South Third of the Ambrose Hull Grant, run North 00.52'53" West the bearing base of this desaiptfon, along the East line of Lots 1 and 2, a distance of 1188.76 feet to the Point of Beginning; thence continue North 00.5257 West a distance of 270.95 feet; thence departing said Fast line, run South 81°08'31" West, a distance of 410.93 feet; thence South 03'01'08" Fast, a distance of 269.72 feet (hence North 81'08'31" East a distance of 400.77 feet to the Point of Beginning. LESS and EXCEPT the East 63.5 feel measured on the North line and the East 61,01 feet measured on the South line of Lot 4, Mission Woods Unrecorded Subdivision, as conveyed In Trustee's Deed recorded in Official Records Boric 5978, Page 2729, Public Records of Vol usia County, Florida, for the new RNV for Old Mission Road. SURVEY REPORT: 1. Description per Warranty Deed recorded in Official Records Book 7737, Page 4409 of the Public Records of Wlusia County, Florida. 2. Bearings refer to description and based on the east line of said Lots 1 and 2 as being North 00152' 53" Fast 3 Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of record. 4. This map of survey and report prepared without the benefit of an abstract and no title work has been performed or provided to this surveyor. 5. This map of survey and report Is subject to any facts that may be disclosed by a full and accurate title search. 6. The location of any subsurface foundations, Improvements, features or utilities which may or may not exist and which may or may not violate deed or easement lines are not determined or addressed by this survey. 7. Dimensions indicated hereon aro in U.S. standard feet and decimate thereof, unless otherwise noted. 8. Elevations Indrealed hereon are in U. S. standard feet and decimals referenced to North American Ve Datum 19M and are based on City of Edgewater, Florida benchmark "520-70-2•, published elevation 9.10 feel National Geodetic Vertical Datum 1929 (7.90 feet North American Vertical Datum 1988). 9. Unless otherwise noted, the monumentation has no identification number or name. 10. Drawing distance between features and property fine may be exaggerated for clarity. 11. Features shown by symbol as indicated are not to scale. 12. Subject to Declaration of Restrictions, Easements and Covenants of MISSION WOODS SUBDIVISION, recorded in Official Records Book 3162, Page 497, Public Records of Volusia County, Florida. 13. The wetlands line was flagged by Biological Consulting Services, Inc., 208 Rush Street New Smyrna Beach, Florida, 32168. Wetlands line reviewed and approved by the Florida Department d Environmental Prorectico representatives Morgan Hampton, Eddie Rysak and Brennen Hagan on May 9, 2018. 14. Spot elevations measured and benchmarks established per client's request 15. Additions or deletions to this surrey map or report by other than the signing parry or parties is prohibited without written consent of to signing party or parties per FA.C. Rub 5J-17.051(3xb)6. 16. The survey map and report or copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. CERTIFIED TO: .TACK E LAWSON and CAROL S. M4XWELL-LAWSON CERTIFICATE OF AUTHORIZATION NUMBER LB 7883 1 hereby certify that this survey map and report or Elle subjed property is We and carred to the best of my knovAedix , information and belief as surveyed In the field under my Plpervision m the dales 6town hereon. I further certify that this survey map and report meats the Standards of Practice set forth in F.A.C. Rule 5)•17, adopted by the Florida Board of Professional Surveyors and Mappers, pursuant to Florida Statutes Ch. 472.027, subjed to the quatificatims Wed hereon. Jeffrey W. Cory' DAN/EL W. CORY P.S.M. NO. 2027 JEFFREY W. CORY P. S M. NO. 4139 PROPERTY I4 LOGTED IN F.I.RM. ZONEe51 "K' & 'AE (EL 5)' LOCATPON I4 DETERMINED FROM FAA M. CONiNI INIIV L 125132 0700 J WIKVISED 09/29/2017 DANIEL W_CORY SURVEYQR.LLCqu- 3e0 CA64AL STREET NEIY:$M'i)04A BEACH,' FLORIDA 321 ea PREPARED FOR_�..JAgK,&.CAROL?CAWSON SCALE T = 50'' 'FILE N.:...6008 MW EDGEWATER File #: 2023-0-22, Version: 2 City of Edgewater Legislation Text COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: 1st Reading - Ordinance No. 2023-0-22: Amending Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), of the Code of Ordinances. DEPARTMENT: Fire Rescue - Code Enforcement SUMMARY: Amending Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the Code of Ordinances by updating the following Sections: (Section 10-20) Updating the definition of Noise Nuisance to cite the correct section of the code. (Section 10-20) Updating the Sound Level definition. (Section 10-344) Updating enforcement procedures related to a new Florida law preventing a Code Enforcement Officer from investigating an anonymous complaint. (Section 10-345) Allowing a Fire Inspector to require a violator reasonable time to correct a Florida Fire Prevention code violation. (Section 10-345) Removing the requirement to provide the City Clerk with a copy of a code enforcement citation. (Section 10-349) Remove the requirement to send a notice, with Return Receipt requested by US mail, due to a Florida law only requiring Certified Mail. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2023-0-22 City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM ORDINANCE NO.2023-0-22 AN ORDINANCE AMENDING CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. It is necessary for the preservation and enhancement of the public health, safety and welfare and in the best interest of the city and its citizens to amend Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement). NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: PART A. AMEND CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) is amended pursuant to Exhibit "A", which is attached and incorporated herein. PART B. CONFLICTING PROVISIONS All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this 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. Stpaek are deleted. 1 Underlined passages are added 2023-0-22 PART D. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE This ordinance shall take effect upon adoption. PASSED AND DULY ADOPTED this day of ATTEST: Bonnie Zlotnik, CMC, City Clerk Passed on first reading on the day of , 2023 REVIEWED AND APPROVED: Diezel DePew, Mayor Aaron R. Wolfe, City Attorney Sti-aek are deleted. 2 Underlined passages are added 2023-0-22 2023. EXHIBIT "A" CHAPTER 10 HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT ARTICLE L IN GENERAL Sec. 10-1. Title. These regulations shall be known as the Property Maintenance Code of the City of Edgewater, hereinafter referred to as "this Code." Sec. 10-2. Scope. The provisions of this Code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Sec. 10-3. Intent. This Code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. It is not the intent of the city to cause conflict with the controlling provisions of federal and state law and, to the extent of conflict, if any, such provisions shall prevail over the provisions of this Code. Sec. 10-4. Definitions. The latest edition of Merriam-Webster's Collegiate Dictionary shall be used to define any words not defined in this chapter. The following words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ambient noise. All -encompassing noise associated with a given environment, usually being a composite of sounds from many sources. Approved. Approved by the code official. Basement. That portion of a building which is partly or completely below grade. Bathroom. A room containing plumbing fixtures including a bathtub or shower. Sti-aekettg4rpassages are deleted. 3 Underlined passages are added 2023-0-22 Bedroom. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. Brush. The undergrowth of plant species that by virtue of their arrangement, chemical composition and growth pattern provide a ready path for uncontrolled fire to spread. It shall mean herbaceous plants, plants and grasses with stems that wither away annually or shrubs with woody stems that live from year to year as distinguished from trees. Species included in this definition shall include, but are not limited to, saw palmetto, gallberry, fetterbush and wax myrtle. Condemn. To adjudge unfit for occupancy. City attorney. The city attorney of the city. City. City of Edgewater, Florida and its authorized agents. Code. The code of ordinances, the land development code and all other ordinances of the City of Edgewater. Code enforcement officer. Code enforcement supervisor, code official(s), Edgewater Police Officer(s), building official, building inspector(s), fire chief, fire marshal, fire safety inspector(s) and community service officers(s) or any employee or agent as designated in writing by the city manager who is charged with the administration and enforcement of this Code. Cultural event. Any event drawing a large attendance for enlightenment or recreation purposes which in the sole determination of the city council, has or is likely to become a community event integrated into accepted social practices or traditions. (Does not include recurring events such as Bike Week and Biketoberfest.) Decibel. A unit in which the levels of various acoustical quantities (sound) are expressed. Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Easement. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. Efficiency unit. A dwelling unit containing only one habitable room, sometimes referred to as a studio apartment. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises. Sti-aekettg4rpassages are deleted. 4 Underlined passages are added 2023-0-22 Extermination. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Guard. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. Housekeeping unit. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. Imminent danger. A condition which could cause serious or life -threatening injury or death at any time. Improved lot. Any lot to which improvements have been made, including but not limited to, change of grade through filling or excavation, installation of water or sewer line, clearing of property to begin construction or any other physical alteration which has significantly disturbed the natural vegetation on the property. Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. Inoperable motor vehicle. A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power. Labeled. Devices, equipment, appliances or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above -labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. Law enforcement officer. Any person who is elected, appointed or employed by a municipality or the state or any political subdivision thereof, who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of penal, criminal, traffic or highway laws of the state. Let for occupancy or let. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is the legal owner of Sti-aek are deleted. 5 Underlined passages are added 2023-0-22 record or is authorized by said legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Natural area. Areas within larger improved lots where the natural vegetation has not been cleared or disturbed. Natural cover. Trees, brush, roots and other byproducts of land clearing activity. Noise. Any excessive sound which annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. The term is synonymous with sound. Noise nuisance. Continuous or repeated sound that interferes with the rights of others by causing damage, annoyance or inconvenience with noise that exceeds the limits set forth in table 1 of section 10-22. Noise -sensitive zone. An area which contains a hospital, nursing home, school, court or other designated facility. Noise -sensitive zones are those zones created by the city council upon a finding that the subject area contains a land use which is sensitive to or subject to adverse reactions from noise. Occupancy. The purpose for which a building or portion thereof is utilized or occupied. Occupant. Any individual living or sleeping in a building or having possession of a space within a building. Openable area. That part of a window, skylight or door which is available for the unobstructed ventilation and which opens directly to the outdoors. Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person. Any individual, firm, partnership, corporation, company, association, joint-stock association or body politic, including, but not limited to, any trustee, receiver, committee, assignee or other similar representatives thereof. Plainly audible. Any sound that can be clearly heard by unimpaired auditory senses based on a direct line of sight of 50 feet or more, however words or phrases need not be discernable and said sound shall include bass reverberation. Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon. Sti-aekettg4rpassages are deleted. 6 Underlined passages are added 2023-0-22 Public way. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. Real property line. The property boundary that corresponds with the lot line and runs along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real property divisions. Repeat violation. A violation of a provision of a code or ordinance by a person who has previously been found to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. Rooming house. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. Rooming unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity and frequency that is considered to be continuous, repeated noise. This term is synonymous with noise. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting scale as specified by ANSI standards, if the weighting employees is not indicated, the A -weighting shall apply. Sound level meter. An instrument used to measure sound pressure levels when properly calibrated and is of type 2 or better as specified by ANSI standards. Sleeping unit. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Strict liability offense. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do. Structure. Anything constructed, erected, installed or portable which requires a location on a parcel of land. It includes a moveable structure while it is located on land which can be used for housing, business, commercial or industrial purposes whether temporary or permanent. Structure Sti-aek are deleted. 7 Underlined passages are added 2023-0-22 shall include, but not be limited to walls, billboards, swimming pools and decks, communication towers, on -site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos, sheds and similar structures. Structure shall not include, pipes, pump stations and any other construction below ground level. Trash. All accumulation of grass, shrubbery or weed cuttings, pine needles and other refuse incident to the care of lawns, shrubbery, vines and gardens. The term "trash" shall not be taken to include trees, tree limbs, tree stumps, brush, used or broken appliances, furniture, bedding, building materials, lumber or other material of like nature. Tenant. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. Toilet room. A room containing a water closet or urinal but not a bathtub or shower. Unimproved lot. Any lot which remains undisturbed and in a natural vegetative state. Vegetative fire hazard assessment. An assessment of an area to determine build-up along with vegetative fuel hazard classification and threats it may pose to real property. The assessment will be conducted utilizing the Volusia County Wildland/Urban Interface Wildfire Hazard Assessment Guide (dated 01/2000). Vegetative fire hazard. Trees, brush or other vegetation which by reason of their combustible nature during dry periods, their location or condition may cause loss, damage, or injury to persons or property by reason of fire. For example, brush on undeveloped lots averaging over three feet tall within 30 feet of an existing structure and pine on undeveloped lots within 30 feet of an existing structure spaced in such a way that the average crown closure is more than 75 percent are considered fire hazards. Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to or removing such air from any space. Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. Yard. An open space on the same lot with a structure. Sec. 10-5. Nuisances generally. No person shall keep or permit to remain upon his premises, or upon any premises owned, used or controlled by him or her in any dwelling house, warehouse or other building, or upon any vacant lot, or in any yard or other place within the corporate limits of the city, any nuisance to the annoyance of those residing or being in the vicinity thereof, or any unwholesome, decayed or decaying animal or vegetable matter, or any other matter or thing detrimental to the health or comfort of residents to include, but not be limited to, the following conditions: Sti-aekettg4rpassages are deleted. 8 Underlined passages are added 2023-0-22 (1) Junk, consisting of unsightly, worn-out or discarded material of little or no residual value including scrap metal, scrap lumber, wastepaper products, discarded building materials, or other debris, the accumulation of which has an adverse effect upon neighborhood or city property values, health, safety or general welfare; (2) Abandoned property, meaning any personal property including, but not limited to, motor vehicles, left in plain view under circumstances reasonably indicating that the possessor or owner thereof has relinquished any rights of ownership therein; (3) Wrecked motor vehicle, meaning any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power on any public street, or from which the wheels, engine, transmission or other substantial part thereof is inoperable and/or removed; (4) Any garbage; rubbish; trash; refuse; cans; bottles; boxes; container; paper; tobacco products; tires; abandoned or inoperative appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; vessels; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facilities; or a substance in any form resulting from domestic, industrial, commercial, mining or agricultural operations; or dead or decaying plants (except for compost piles) or exotic animals of any kind; (5) Any building or structure, or part thereof, which is in a dilapidated, unsanitary or unsafe condition, or which constitutes a fire hazard; (6) Any building, structure, lot, place or location where any activity in violation of law is conducted, performed maintained or allowed; (7) Stagnant or insufficiently treated water, in a pool, pond or container of any kind, including water in which algae is allowed to grow or in which mosquitoes or other insects are able to breed; (8) Animal excrement; (9) Inoperable or unlicensed motor vehicle; (10) Furniture kept or stored outdoors where such furniture is of the kind and sort normally and customarily kept inside such as, for example, upholstered sofas, and where such furniture is not in actual use; (11) Any appliance kept or maintained outside in the open air and not under roof such as a garage or carport; (12) Certain state of being or situation located on property which: a. Injures or endangers the comfort, repose, health or safety of any person; or Sti-aek are deleted. 9 Underlined passages are added 2023-0-22 b. Offends decency; or C. Is offensive to the senses; or d. Interferes with, obstructs or renders dangerous for passage on any public or private street, alley, highway, right-of-way, easement, sidewalk, stream, ditch, channel or drainage of any property; or e. Renders other persons insecure in life or the use of property; or f. Interferes with the comfortable and quiet enjoyment of life or property; or g. Tends to or could depreciate the value of property of any persons; or h. The accumulation of garbage and trash in violation of section 10-106; or i. Any trash, litter, debris, garbage, bottles, paper, plastic, metals, cans, rags, offal, bricks, concrete, lumber, building materials, or dead or decaying plants, (except for compost piles) or animals of any kind; or j. Any condition which provides, or could provide, harborage for rats, mice, snakes, insects or other vermin; or k. Any noises or vibrations, including animal noises, which disturb the, peace of the surrounding area or are otherwise unlawful; or 1. Any foul, offensive or unlawful emissions, odors or stenches and the causes thereof; or in. The pollution of any well, body of water or drainage system by sewage, dead animals, industrial wastes, debris or other substances; or n. Dense smoke, noxious or lethal fumes, lethal gas, soot or cinders; or o. Any condition constituting a fire hazard; or P. Blocking or damaging drainage inlets, pipes, ditches, swales, channels, culverts or streams; or q. Any dead, damaged or diseased tree, located within 35 feet of any public roadway, public or private sidewalk that is adjacent to a public roadway, or any developed property when the tree has been declared a hazard by a code enforcement officer or an arborist; or r. Any public nuisance known as common law or in equity jurisprudence as set forth in F.S. ch. 823, Public Nuisances. Sti-aekettg4rpassages are deleted. 10 Underlined passages are added 2023-0-22 Sec. 10-6. Abandoned airtight containers. (a) It is unlawful for any person knowingly to abandon or discard or to permit to be abandoned or discarded on premises under his control any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity of one and one-half cubic feet or more from which the door has not been removed. (b) The provisions of this section shall not apply to an icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit which is crated or is securely locked from the outside or is in normal use on the premises of a home, or rental unit, or is held for sale or use in a place of business; provided, however, that "place of business" as used herein shall not be deemed to include a junkyard or other similar establishment dealing in secondhand merchandise for sale on an open unprotected premises. (c) It shall be unlawful for any retailer with unenclosed premises used for display of secondhand iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or similar airtight units to fail to remove the doors on such secondhand units having an interior storage capacity of one and one-half cubic feet or more from which the door has not been removed. This section will not apply to any dealer who has fenced and locked his premises. Sec. 10-7. Public nuisance and criminal gang activity adopted. (a) F.S. § 893.138 Local administrative action to abate drug -related, prostitution related, or stolen -property -related public nuisances and criminal gang activity, is hereby adopted, in its entirety, as if fully set forth herein, as part of the code of ordinance of the city. (b) The special magistrate as outlined in section 10-343 shall act as the administrative board for the section. Secs. 10-8-10-19. Reserved. ARTICLE II. NOISE Sec. 10-20. Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ambient noise. All -encompassing noise associated with a given environment, usually being a composite of sounds from many sources. Cultural event. Any event drawing a large attendance for enlightenment or recreation purposes which in the sole determination of the city, has or is likely to become a community event integrated into accepted social practices or traditions. (Does not include recurring events such as Bike Week and Biketoberfest.) Decibel. A unit in which the levels of various acoustical quantities (sound) are expressed. Sti-aekettg4rpassages are deleted. 11 Underlined passages are added 2023-0-22 Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. Noise. Any excessive sound which annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. The term is synonymous with sound. Noise nuisance. Continuous or repeated sound that interferes with the rights of others by causing damage, annoyance or inconvenience with noise that exceeds the limits set forth in table 1 of section44-2010-22. Noise -sensitive zone. An area which contains a hospital, nursing home, school, court or other designated facility. Noise -sensitive zones are those zones created by the city council upon a finding that the subject area contains a land use which is sensitive to or subject to adverse reactions from noise. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of the Unity States, state or any political subdivision thereof. Plainly audible. Any sound that can be clearly heard by unimpaired auditory senses based on a direct line of sight of 50 feet or more, however words or phrases need not be discernable and said sound shall include bass reverberation. Real property line. The property boundary that corresponds with the lot line and runs along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real property divisions. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity and frequency that is considered to be continuous, repeated noise. This terms is synonymous with noise. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting scale as specified by ANSI standards, if the weighting employees scale is not indicated, the A -weighting shall apply. Sound level meter. An instrument used to measure sound pressure levels when properly calibrated and is of type 2 or better as specified by ANSI standards. Sec. 10-21. Policy. It shall be unlawful, except as expressly permitted herein, to cause a noise nuisance or to make, cause or allow the making of any noise or sound which exceeds the sound level limits (dbA) set forth in this article. Noise emanating from the subject property after the owner has or should have knowledge of the noise nuisance condition shall be deemed to continue with the permission of the property owner. Sti-aek are deleted. 12 Underlined passages are added 2023-0-22 Sec. 10-22. General restrictions. (a) No person shall operate or cause to be operated any source of sound from any subject parcel in such a manner as to create a noise nuisance or sound level which exceeds the limits set forth for the use occupancy in table 1, when measured at the property boundary of the subject property from which the sound emanates. (b) Sound or noise emanating from one use occupancy category into another use occupancy category with a different noise level limit shall not exceed the limits of the use occupancy category into which the noise is projected. TABLE 1 NOISE RESTRICTIONS Use Occupancy Category Time Sound Level Limit (dbA) Residential 8:00 a.m.-9:00 p.m. 60 9:00 p.m.-8:00 a.m. 50 Commercial 7:00 a.m.-10:00 p.m. 65 10:00 p.m.-7:00 a.m. 60 Industrial All times 75 Noise -sensitive zone All times 50 Sec. 10-23. Specific noises prohibited. In addition to the maximum permissible sound level limits set out in table 1, and unless otherwise exempted by this article or by act of the city, the following specific acts, or the causing or permitting thereof, are hereby declared to be in violation of this article: (1) Horns, signaling devices, and other similar devices. The sounding of any horn or signaling device on any automobile or other vehicle, except as a danger warning; the sounding of any signaling device for any unnecessary or unreasonable period of time as determined by a law enforcement or code enforcement officer; and the unreasonable use of any signaling device. Noises of safety signals, warning devices, and chimes of churches are exempt as are train horns, in approach of a crossing or as notification of an emergency situation as well as noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency. Sti-aekettg4rpassages are deleted. 13 Underlined passages are added 2023-0-22 (2) Loudspeakers, public address systems. Use or operation of any loudspeaker, public address system or similar device such that the sound there creates a noise disturbance within a noise sensitive zone or any other use occupancy in accordance with table 1. (3) Acceleration, turning or stopping of a motor vehicle. The intentional or repeated creation of a noise disturbance through the acceleration, turning or stopping of any motor vehicle. (4) Animals. Owning, possessing or harboring any animal which, frequently or for continued duration, howls, barks, meows, squawks or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise sensitive zone. For the purposes of this article, "barking dog" is defined as a dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for one-half hour or more to the disturbance of any person at any time of day or night. (5) Loading and unloading. Loading and unloading, opening, closing or other handling of boxes, crates, containers, equipment, building materials, garbage cans, dumpsters or similar objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends or holidays within 150 feet of a residential property line or noise sensitive zone. (6) Construction or demolition. Operating or causing the operation of any tools used in construction, drilling, repair, alteration, or demolition work between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, or between 6:00 p.m. and 10:00 a.m. on weekends or holidays within 150 feet of any residential or noise sensitive zone, except for emergency work by public service utilities or by special permit approved by the city. This section shall not apply to the use of domestic power tools. (7) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, grinder, lawn or garden tools or similar tool between 10:00 p.m. and 7:00 a.m. on weekdays, or 10:00 p.m. and 8:00 a.m. on weekends and holidays, unless said equipment is operated inside a building or other structure so that the sound therefrom does not travel across any residential real property line or noise sensitive zone. All such equipment shall be properly muffled and maintained in working order so as not to create excessive or unnecessary noise. Sec. 10-24. Classification of use occupancy. For purposes of defining the use occupancy category the city's land development code shall describe residential, multifamily, industrial and commercial designations. All property containing permanent sleeping quarters, other than sleeping quarters in public lodging establishments, shall be considered residential use. All public -lodging facilities, as defined by F.S. § 509.13(4), shall be considered commercial use. All premises containing businesses where sales, professional or other commercial activities are conducted shall be considered commercial use. All premises where manufacturing is legally permitted shall be considered manufacturing use. In case of multiple uses, the more restrictive use category shall prevail. Hospitals, nursing homes, schools, libraries and churches shall be considered uses within a noise sensitive zone. Sti-aek are deleted. 14 Underlined passages are added 2023-0-22 Sec. 10-25. Measurement standards. The following standards shall be used in the measurement of sound level limits of noise: (1) The measurement of sound or noise shall be made with a decibel or sound level meter operating on the A -weighting scale of any standard design and quality meeting the standards prescribed by the American National Standards Institute for a sound level meter. The instrument shall be maintained in good working order and calibrated prior to each use. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone used during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. (2) The slow meter response of the sound level meter shall be used in order to best determine that the average sound has not exceeded the standards set forth in table 1. (3) The measurement shall be made at the property line on which such noise in generated or perceived, as appropriate, five feet above the ground. (4) In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary. Sec. 10-26. Waivers for cultural events. The sponsors of a cultural event, which will occur infrequently and which reasonably may not meet the noise standards and regulations provided above, may submit a request for waiver to the city council, along with proposed precautions and conditions. The sponsors shall also provide 15 days' written notice to affected property owners within 500 feet of the proposed event, including a description of the event and proposed conditions, the name and telephone number of a contact for more information, and the date and time when the matter will be considered by the city council. City staff shall review the proposal and comment on the reasonable expectations of compliance or noncompliance with the provisions of this article and the likely impacts to the surrounding community. The proposal, along with staff s comments, shall be reviewed by the city council at an advertised public hearing. Any waiver granted will specify which provisions of this article are waived, the times they are waived, and any additional conditions which apply. Sec. 10-27. Enforcement. Code enforcement and the police department shall have primary enforcement responsibility for article II (Noise). If violations are enforced through code enforcement, the process will be held in accordance with article XXVII. Sec. 10-28. Penalties. (a) Criminal. Any person, organization or corporation violating the provisions of this article shall, upon conviction, be subject to the penalties provided in section 1-8 of the code of Sti-aek are deleted. 15 Underlined passages are added 2023-0-22 ordinances of the city. Violation of this article is a second-degree misdemeanor. Violators may be given a "notice to appear" or in the appropriate circumstances a physical arrest may be made. (b) Cease -and -desist order. Upon determination by the police department that a source of noise is being conducted in violation with this article, the police department shall issue an order directing the operator thereof to cease and desist such operations until the violation is corrected. If an owner fails to comply with a valid, duly served cease -and -desist order, he shall be guilty of misdemeanor and punished heretofore provided. (c) Civil proceedings. Upon determination by the city manager or his designee that a source of noise is being conducted in violation of this article or a cease -and -desist order issued by the police department, in addition to other remedies provided by this article and in the laws of the state, the city manager or his designee may, upon authorization by the city council, institute any appropriate action or proceedings to restrain, correct or abate such violations or otherwise prevent the unlawful use of such noise operation or the unlawful operation of such facility by any person. Upon conviction of three violations of this article within a 12-month period, the noise creating equipment may be confiscated by the court until the offender can satisfy the court that he is prepared to and in fact will operate said equipment with limits of this article. Further violation shall result in the permanent confiscation by the court upon correction. Secs. 10-29-10-39. Reserved. ARTICLE III. CLEANLINESS AND SANITATION OF PREMISES Sec. 10-40. Littering —Public property and waterways. (a) It shall be unlawful for any person to dump, throw, place or cast, or cause to be dumped, thrown, placed or cast any refuse, rubbish, litter, trash, junk, garbage, or other unwholesome matter or substance of any kind whatsoever on any street, avenue, road, highway, waterway or any public way or along the rights -of -way thereof, including city, county, state and federal roads and highways, and waterways, within the city, or in any public park, beach or other public grounds in the city. (b) It shall be unlawful for any person, directly or through an agent or employee to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill, commercial advertisement or newspaper not subscribed on any unattended vehicle, known vacant property or property with the appearance of vacancy or with the accumulation of greater than two days of such material. (c) It shall be unlawful for any person to distribute, cast, throw, or otherwise place circulars, handbills, newspapers, magazines, papers, merchandise or discarded material on residential, commercial or public real property after receiving notification by the owner or occupant thereof that said owner or occupant does not wish to receive the item being distributed. (d) It is to be expressly understood that the prohibitions set forth in subsection (a) do not prohibit the orderly placing of refuse, litter, trash and garbage at street side for systematic Sti-aekettg4rpassages are deleted. 16 Underlined passages are added 2023-0-22 collection by the city, but do specifically prohibit the indiscriminate and disorderly casting of wastes on city streets. Sec. 10-41. Same —Property of another. It shall be unlawful for any person to place, sweep or scatter any trash, garbage, debris, or any unwholesome or unsanitary matter or substance, in or upon any vacant lot or improved property of another within the city. Sec. 10-42. Same —Declaration of illegality and nuisance. The allowing of debris, rubbish, garbage, trash, tin cans, papers, or other unsanitary accumulations on any lot, tract, or parcel of land in the city to the extent that it constitutes or may reasonably become a menace to life, property, health, the public welfare, or provide a nest and/or breeding ground for mosquitoes, rats, mice, other rodents, snakes and other types of pests and vermin shall be unlawful and hereby prohibited and declared to be a public nuisance. Sec. 10-43. Inspection to determine prohibited conditions. It shall be the duty of the code enforcement office(s) to make periodic inspections of the city for the purpose of determining whether debris, rubbish, garbage, trash, tin cans, papers or other unsanitary conditions have accumulated or occurred, on any lot, tract, or parcel of land within the city to the extent that it constitutes or may reasonably become a menace to life, property, health, the public welfare or provides a nest and/or breeding ground for mosquitoes, rats, mice, other rodents, snakes, and other types of pests and vermin. Secs. 10-44-10-78. Reserved. ARTICLE IV. PROHIBITED USES Sec. 10-79. Vehicle sales. A limit of one vehicle may be displayed for sale on each residential district or property where the primary use is residential subject to the following: (1) The vehicle must not be in violation of sections 10-82, 10-113 and 10-115. (2) The vehicle must be registered to the owner or tenant of the residential property at which the vehicle has been placed for sale. (3) A sign not to exceed 200 square inches may be used to advertise the sale of the vehicle. No vehicle or combination of vehicles shall be displayed for sale more than two times in a calendar year with a total duration of 30 days per occurrence. Sti-aekettg4rpassages are deleted. 17 Underlined passages are added 2023-0-22 Sec. 10-80.Outdoor storage —Residential. Open outdoor storage in residential districts or property where the primary use is residential is expressly prohibited when seen from the right-of-way, except those items authorized in this chapter. Sec. 10-81. Storage on vacant lots; public right-of-way. The sale, lease, or offering for sale or lease, or storage of any vehicles, including but not limited to, cars, trucks, commercial vehicles, semi tractors, tractor trailers, watercraft, trailers, recreational vehicles, campers, and equipment shall be prohibited on all vacant lots and all public rights -of -way within the city. Sec. 10-82. Commercial vehicles in residential areas. For the purposes of this section, "commercial vehicle" means a vehicle or trailer designed, intended, or used for transportation of people, goods, or things as part of a business. (a) It shall be unlawful for a commercial vehicle, commercial trailer, semi tractors, tractor trailers, step vans, cargo vans, box trucks, busses, or concession vehicles, with a greater than one -ton rated capacity to be parked on any property whose primary use is residential. (b) No more than one commercial vehicle with less than or equal to a one -ton rated capacity shall be permitted to park on any property whose primary use is residential. (c) A limit of one emergency vehicle or a commercial vehicle such as a tow truck, Florida Power and Light vehicle, gas company vehicle and Florida East Coast Railway vehicle that are subject for immediate recall to an emergency may be permitted on property whose primary use is residential subject to the following: (1) The vehicle must not be in violation of sections 10-115 and 10-5. Sec. 10-83. Neglected premises. (a) It shall be the duty of any person owning or controlling a house or other building or premises to maintain such premises in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity. It shall be a violation of this section to abandon, neglect, or disregard the condition or appearance of any premises. (b) Every exterior wall of every building shall be free of holes, breaks, loose or rotting boards, or timbers. All siding material shall be kept in repair. Roofs shall be structurally sound and maintained in a safe manner and have no defects. (c) All portions of existing buildings, both interior and exterior, shall be maintained in such a manner that structural strength, stability, sanitation, adequate light and indoor air quality, and safety to life and property from fire and other hazards are provided for public safety, health, and general welfare. Sti-aek are deleted. 18 Underlined passages are added 2023-0-22 Sec. 10-84. Parking on drainage or maintenance easements or public rights -of -way. It shall be unlawful to park or store any vehicle, boat, trailer, equipment or item(s) of any kind that cause or may cause an impediment/obstruction on city, county, or state maintained drainage easements or public rights -of -way, including lawn ornaments or any other objects not permitted by the city and/or other appropriate jurisdictional authority. Sec. 10-85. Portable outdoor storage units —Residential zoning. Portable on demand storage type units such as PODS and CONEX containers or other similar type of units may only be placed on developed residentially zoned property for a time period not to exceed 30 days. Additional days may be approved by the building department when a permit has been issued for the repair of a structure or for new construction. Placing portable on demand type units on undeveloped property is prohibited. Sec. 10-86. Portable outdoor storage units —Commercial zoning. Portable on demand storage type units such as PODS and CONEX containers and trailers or other similar type of units may only be placed on developed commercially zoned property. Portable on demand type units and trailers in this section shall be considered an accessory use as defined and regulated in the land development code. Portable on demand storage type units and trailers shall be screened from view when visible from any public right-of-way or adjacent property by a privacy fence or wall. The City of Edgewater Technical Review Committee shall determine the allowable duration that a portable on demand unit(s) and trailer(s) may remain on the property. The building department may approve the temporary placement of a storage unit when a permit has been issued for the repair of a structure or for new construction. Placing portable on demand type units and trailers on undeveloped property is prohibited. Secs. 10-87-10-89. Reserved. ARTICLE Y. SEWAGE DISPOSAL Sec. 10-90. Sanitary disposal methods —Required generally. Every residence and building in which human beings reside, are employed or congregate, shall be required to have a sanitary method of disposing of human excrement, namely either a sanitary water closet that is connected with the city sewer, or connected to an approved type of septic tank. A septic tank may be used only on properties designated for single-family residential (SFR) use and said SFR property boundaries are located more than 200 feet from the sewer line. Properties with more than two residential dwellings or any non-residential use shall connect to city sewer regardless of the 200-foot rule. Sec. 10-91. Same —Rented premises. It shall be unlawful for any person owning or leasing any premises in the city to permit the disposal of any human excrement on any property, leased or rented by any such person or the agent of any such person, except in a sanitary water closet. Sti-aek are deleted. 19 Underlined passages are added 2023-0-22 Secs. 10-92-10-95. Reserved. ARTICLE VI. WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY MAINTENANCE Sec. 10-96. Purpose and intent. The continuous growth and urban development of the city requires the reasonable and effective control and regulation of excessive accumulation of weeds, grass, brush, undergrowth and other similar plant life. Standards for property maintenance are necessary to prevent fire hazards; deposit of litter; debris or combustible materials; infestation by rodents and other health endangering wild animals; the breeding of mosquitoes and vermin; or, other nuisances which threaten the public safety, or endanger the public health or adversely affect the economic welfare of adjacent property. Sec. 10-97. Reserved. Sec. 10-98. Property maintenance —Duty of the owner. (a) Maintenance of commercial and industrial zoned lots. The owner of every improved lot, piece and parcel of land located within a commercial or industrial zone within the city shall keep each such lot, piece or parcel of land free and clear of all fallen trees and limbs and all weeds, grass and brush exceeding 12 inches in height. However, nothing in this section shall be construed to require natural areas located within larger improved lots to be cut to a height less than 12 inches within such natural areas. Unimproved vacant parcels adjacent to improved parcels will be inspected by the city to determine severity of hazard to the improved property. If it is determined by the city that the property does pose a hazard, the owner of the unimproved vacant parcels will be required to keep 20 feet of their parcel that is adjoining an improved parcel of land free and clear of all fallen trees, limbs and brush exceeding 36 inches in height. (b) Maintenance of improved residential lots. The owner of an improved lot in a residential zone shall keep such lot free and clear of all fallen trees and limbs. All weeds, grass and brush shall be cut to a height not exceeding 12 inches. However, nothing in this section shall be construed to require natural areas located within larger improved lots to be cut to a height less than 12 inches within such natural areas. (c) Maintenance of unimproved residential lots. Unimproved vacant parcels adjacent to improved parcels will be inspected by the city fire department and/or code enforcement to determine severity of hazard to the improved property. If it is determined by the city that the property does pose a hazard, the owner of the unimproved vacant lot in a residential zone will be required to keep 20 feet of their parcel/lot that is adjoining an improved lot free and clear of all fallen trees and limbs, and all weeds, grass and brush therein shall be cut to a height not exceeding 36 inches within such areas. (d) Maintenance of rights -of -way and abutting property owners. It shall be the duty of every owner of real property within the city to at all times cause to be cut and mowed, the grass and weeds and to cause to be cut and trimmed, the flowers, vines and shrubbery. Performance shall Sti-aekettg4rpassages are deleted. 20 Underlined passages are added 2023-0-22 be in a manner that protects and promotes the public health, safety and welfare and presents an aesthetically pleasing appearance in those areas of the right of way abutting their properties. It shall also be the duty of every owner of real property to properly dispose of said trimmings. Rights -of -way abutting improved residential or commercial lots shall be maintained as provided in subsections (a) and (b). Rights -of -way abutting unimproved residential lots shall be maintained as provided in subsection (c) for the maintained portion of residential lots. This maintenance area is that space between the private property lot or survey line of the property owner and the paved or graded portion of the public street adjacent thereto and includes that area between a sidewalk and street. The ground cover in the rights -of -way and other areas subject to erosion shall be grass unless other ground cover has been approved by the city. (e) Garbage, waste, trash, etc., prohibited. The owner of every lot, piece and parcel of land located within the city shall keep each such lot, piece and parcel of land free and clear of garbage, waste, trash, debris and junk. (f) No property maintenance permit required; other restrictions and requirements applicable. No permit shall be required for the limited property maintenance required by this section; however, the requirements, restrictions and limitations imposed by other sections of this Code and applicable provisions of the land development code pertaining to environmental preservation, tree removal, change of grade, etc., shall be applicable. In the event of any conflict between this section and any other provision of this Code or applicable provision of the land development code, the other sections of this Code or applicable provisions of the land development code shall prevail and govern. Sec. 10-99. Excessive growth prohibited. No person shall permit weeds, grass, brush or other similar plant life to grow to a height exceeding 12 inches on any property within the city which has been mowed, cleared or altered from its original natural state. Sec. 10-100. Damaging ground cover It shall be unlawful to intentionally damage the grass ground cover in the right-of-way area or any required ground cover on any improved lot. Secs. 10-101-10.105. Reserved ARTICLE VH RUBBISHAND GARBAGE Sec. 10-106. Accumulation of rubbish or garbage. (a) All exterior property and premises, and the interior of every structure, shall be free from any accumulation of debris, newspapers, rubbish, junk, trash, cans, paper, tires, furniture, building materials or appliances. Sti-aekettg4rpassages are deleted. 21 Underlined passages are added 2023-0-22 (b) It shall be the duty of any person owning or controlling a house or other building or premises to remove any uncontained rubbish or garbage on both the subject parcel and the adjacent right-of-way. Sec. 10-107. Disposal of rubbish or garbage. (a) Every occupant of a structure shall dispose of all rubbish or garbage in a clean and sanitary manner by placing such items in approved containers provided by the occupant. (b) All containers shall be stored on the premises of the owner or tenant behind the front dwelling line, until containers are placed at the right-of-way on scheduled pickup days. (c) Containers may be placed in the adjacent street right-of-way no earlier than 4:00 p.m. the evening before the scheduled pickup service and shall be removed no later than 11:00 p.m. on the day of scheduled pick up service. Sec. 10-108. Approved containers. Approved containers shall be leakproof and have close -fitting lids that deter animals from accessing the containers. Sec. 10-109. Burning or burying garbage, other refuse. No garbage, trash, brush, natural cover or other refuse shall be burned and no garbage shall be buried within the city. Secs. 10-110, 10-111. Reserved. ARTICLE VIII. VEHICLES Sec. 10-112. Scope. The purpose of this article is to establish criteria for the identification and regulation of inoperable, abandoned and/or wrecked vehicles. Sec. 10-113. Inoperable, abandoned, and/or wrecked vehicles. (a) A vehicle shall be determined or defined as inoperable, abandoned, and/or wrecked by the code enforcement officer should any of the following be applicable: (1) The vehicle creates a threat to public health, safety or welfare due to its condition or the conditions in, under or around subject vehicle. (2) The vehicle causes violations of federal, state or local environmental regulations by leaking noncontained hazardous fluids, such as oil, fuel, gear grease, hydraulic fluid, ethylene - glycol or antifreeze coolant additives and any other regulated chemicals which pose a threat to public health, safety or welfare by entering the groundwater supply or significantly running off Sti-aekettg4rpassages are deleted. 22 Underlined passages are added 2023-0-22 the vehicle onto the surrounding area, creating dangerous/hazardous conditions for passing motorists or persons. (3) The vehicle is associated with discarded items accumulating in, on or around its immediate area, causing vehicle to meet criteria for "nuisance". (4) A vehicle that is stored with open hood, doors, hatches and compartments exposed to the general public or neighboring properties for any period exceeding 24 hours. (5) A vehicle visible to the general public or neighboring properties, which a code enforcement officer cannot establish ownership or the responsible party declines to resolve valid issues contained within this article, shall be determined to be abandoned. (6) The vehicle is without a current valid assigned license tag and registration that is appropriately displayed or a current vehicle restoration permit. (7) The vehicle is wrecked, meaning any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power on any public street, or from which the wheels, engine, transmission or other substantial part thereof is inoperable and/or removed. (b) Vehicles deemed to be inoperable, abandoned and/or wrecked shall not be stored in any zoning district except as provided for in section 10-114. Sec. 10-114. Same —Restoration and permits —For residential properties. (a) Any person seeking to openly restore a vehicle on property designated for residential use shall obtain a vehicle restoration permit issued by the code enforcement officials. The vehicle restoration permit shall be posted conspicuously at the residence during the period of restoration. (b) The application for a vehicle restoration permit shall include the following: (1) Current photograph of the vehicle; (2) Description of restoration plan(s) including a schedule; (3) Vehicle identification number; (4) Fees paid as determined by resolution. (c) A vehicle restoration permit authorizes the following: (1) Restoration may be performed in an open area. When stored, the vehicle shall be stored in an area not visible to the public or neighboring properties. (2) A vehicle being restored shall be stored in an area hidden from view by stockade fencing, chain link fencing with slatting, masonry wall, custom car cover or stored inside a garage. Sti-aekettg4rpassages are deleted. 23 Underlined passages are added 2023-0-22 (d) The term of the permit shall be six months. Additional renewals will be available provided that restoration progress is consistent. (e) Vehicles being restored shall be owned by the occupant of the property. (f) A donor vehicle stored on property to supply parts for the permitted restoration vehicle shall comply with all of the above. Sec. 10-115. Parking in residential areas. All motor vehicles shall be kept on an approved driveway. Overflow parking is allowed only after the approved driveway has reached its parking capacity. Overflow parking is limited to no more than two operable motor vehicles parked in the area immediately parallel towards the side lot line away from the front yard of an approved driveway. The ground beneath the vehicle parked off the approved driveway must be maintained to promote an aesthetically pleasing appearance. Secs. 10-116-10-119. Reserved. ARTICLE IX. WATERCRAFT, WATERCRAFT TRAILERS, MOTOR HOMES, TRAILERS, RECREATIONAL VEHICLE TRAILERS AND CAMPERS Sec. 10-120. Scope. The purpose of this article is to establish criteria for the parking and storage of noncommercial watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers on property designated for residential areas. Sec. 10-121. Same—Storage/parking. (a) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall have a current and valid assigned license tag and registration that is appropriately displayed, except any boat or trailer out of view of the general public or neighboring properties shall not be required to have a valid license tag. (b) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall be maintained in an operable condition. (c) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers may be parked or stored on an approved driveway, immediately parallel towards the side lot line away from the front yard of an approved driveway, alongside the house behind the front dwelling line or in the backyard subject to the following conditions: Sti-aekettg4rpassages are deleted. 24 Underlined passages are added 2023-0-22 (1) No watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers or any part thereof may rest on or occupy airspace past the property line or right-of- way. (2) Watercraft must be stored on operable trailers. (d) Boat motors of watercraft parked or stored on property designated for residential use shall not be operated before 7:00 a.m. or after 10:00 p.m. (e) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall not be used as a dwelling nor shall waste materials be permitted to discharge. (f) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall meet reasonable standards of appearance and maintenance as follows: (1) The ground beneath the watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers shall be maintained to promote an aesthetically pleasing appearance and not create a nuisance. (2) Watercraft trailers, motor homes, trailers, recreational vehicle trailers and camper tires shall be inflated to tire specifications. (3) The watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer and camper shall be kept clean and not be allowed to become a nuisance that can be detected beyond the owner's property line. (4) Only routine repairs and maintenance may be performed on watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers parked in front yards. (g) The owner of the watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers must reside on the premises where the item is parked or stored. Additional property owned by the resident adjacent to the residence is considered to be a part of the premises for this purpose. The vehicles shall not be used for residential purposes, except during an emergency or natural disaster. The vehicles may be used for residential purposes only after application for building permit(s) for repair after a natural disaster and until the restoration of water, sewer and electrical services. If the building is uninhabitable, as determined by the building official, an additional six months from utility restoration may be permitted at the discretion of the city manager. (h) Visitors may reside in their motor homes on property designated for residential use for a maximum of a two -week period with a permit. Waste materials shall not be permitted to discharge. A visitor residing in a motor home shall be permitted no more than twice in a six- month period. These permits shall be issued by the city clerk's office and prominently displayed so as to be visible from the street. Sti-aekettg4rpassages are deleted. 25 Underlined passages are added 2023-0-22 (i) A limit of one vehicle (watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer or camper) per 4,000 square feet of lot area may be stored on residentially zoned property. Secs. 10-122-10-125. Reserved. ARTICLE X. INSPECTIONS Sec. 10-126. Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install or change the occupancy. He or she shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He or she shall make a record of every such examination and inspection and of all violations of the technical codes. Sec. 10-127. Manufacturers and fabricators. When deemed necessary by the building official, he or she shall make or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. Sec. 10-128. Inspection service. The building official may make or cause to be made, the inspections required by this chapter. He or she may accept reports of department inspectors, independent inspectors or recognized inspection services, provided that after investigation he or she is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this Code shall not be based on such reports unless recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections are certified in accordance to F.S. ch. 468. Sec. 10-129. After-hours inspections. The term after hours shall mean that time after 4:30 p.m. and prior to 8:00 a.m. weekdays. In the event that a permitted construction project requires after hours or weekend inspection, requests shall be completed on the approved request form, submitted within the specified time frame and the fee for such inspection shall be paid in accordance with the established fee table. In order to obtain after hours inspection the following must be met: • Requests must be made before noon on the day preceding the day the inspection is needed; and • Requests for weekend or holiday inspections must be submitted one week in advance. Sti-aekettg4rpassages are deleted. 26 Underlined passages are added 2023-0-22 Sec. 10-130. Site debris. Property owners are responsible for assuring that the work sites on their property and the adjacent streets are not littered during any construction period. This obligation and duty includes unused or discarded work materials in addition to personal trash of the workmen (lunch items, cans, papers, etc.). All debris shall be kept in such a manner as to prevent it from being spread by any means. Construction job sites must be kept clean, such that accumulation of construction debris must not remain on the property for a period exceeding 14 days. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving a final inspection approval. All waste removal receptacles must be city -approved. Streets must remain passable and not obstructed by vehicles or associated machinery or equipment utilized for the building process. Construction materials may not be placed on the roadway or right-of-way area. Sec. 10-131. Tent permits. (a) Required. No tent shall be erected within the city until a permit has been obtained from the building division and the fire department. (1) Tents/canopies meeting all of the following requirements are exempt from permitting: a. Is 400 square feet or less; b. Does not have attachable sides; C. Does not have provisions for electricity; d. Is not utilized for a place of assembly for more than 50 people; and e. Does not provide for the sale of hazardous materials. (b) Application. An application for a tent permit shall include the following: (1) Letter from the property owner, authorizing use of the property. (2) Certification of tent fire resistance, effective for the period specified by the permit. (3) Tent permit application form. (c) Issuance; conditions. A permit shall be subject to the following conditions: (1) Inspection shall be requested by the permittee when the grounds are prepared by cutting grass, removing debris or any other potential fire hazards and electric service is ready for connection. Inspection approval will authorize erection of the tent. Sti-aekettg4rpassages are deleted. 27 Underlined passages are added 2023-0-22 (2) Final inspection by the building department and fire prevention inspector shall be requested by the permittee when the tent is erected, sanitary facilities are provided and seats and fire extinguishers are installed. (3) The tent shall not be occupied or electrical service connected until satisfactory final inspections, as determined by the city, have been performed. (4) Permits are limited to two weeks, with provision for one extension of two weeks after satisfactory reinspection and approval by the city to ensure safety to life conditions have not deteriorated. (5) No tent shall be permitted on a site for a period longer than 28 days unless authorized by the development services director or his designee. No permit shall be issued for the same site within a period of 180 days following expiration of a tent permit. (6) Adequate parking shall be provided. Secs. 10-132-10-135. Reserved. ARTICLE XI. UNSAFE OR UNSANITARYBUILDINGS Sec. 10-136. Authority to condemn. The city is authorized to condemn and order to be demolished and removed, or to be put in a sound state of repair, any and all buildings and structures within the city found to be in a dilapidated, unsanitary, unsafe or uninhabitable condition. Additionally, city officials, as designated herein in emergency circumstances, are authorized to demolish and remove or to be put in a sound state of repair, any and all buildings and structures within the city found to be in a dilapidated, unsanitary, unsafe or uninhabitable condition as set forth in the city's codes and ordinances adopted from the most current edition of the Unsafe Building and Abatement Code. (Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17) Sti-aekettg4rpassages are deleted. 28 Underlined passages are added 2023-0-22 Sec. 10-137. Periodic inspection of buildings; notice of condemnation; hearing. (a) The building official, the fire chief, the code official or their designees, are authorized to periodically inspect buildings and structures within the city and if such official finds any building or structure to be in a dilapidated, unsanitary, unsafe or uninhabitable condition, shall report such fact in writing to the city manager, specifying in detail the condition of the building or structure. The city shall thereupon determine whether or not a public hearing shall be held to condemn such building or structure. If the city manager determines such hearing will be held, he or she shall cause to be placed upon such building or structure a notice of condemnation and simultaneously therewith direct to be delivered to the owner or owners or any one owner, and any mortgagee or lienholder as outlined in section 10-349 "Notices", that the building or structure thereon has been found by officials of the city to be in dilapidated, unsanitary, unsafe or uninhabitable condition, and that the city intends to condemn the same. Such notice shall further provide that a hearing will be held before the special magistrate at a stated time and at a stated place, and that at such time and place a full determination will be made by the special magistrate as to the condition of the building or structure. (b) The property owner and the city manager, or designee, at the hearing, shall be heard and be permitted to present such relevant evidence as they desire. The special magistrate may accept evidence from the general public as deemed appropriate for the particular case. Sec. 10-138. Uninhabitable, dilapidated, unsafe or unsanitary buildings or structures. (a) A building or structure shall be uninhabitable, dilapidated, unsafe or unsanitary when: (1) An order has been issued by the city under its codes or ordinances finding that a public nuisances exists; and (2) It is found to have one or more of the following characteristics: a. It is vacant, unguarded and open at doors or windows; b. There is an unwarranted accumulation of debris or other combustible material therein; C. The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy; d. There is a falling away, hanging loose or loosening of any siding, block, brick or other building material; e. There is a deterioration of the structure or structural parts; £ The structure is partially destroyed; g. There is an unusual sagging or leaning out of plumb of the structure or any parts of the structure and such effect is caused by deterioration or over -stressing; h. The electrical or mechanical installations or systems create a hazardous condition; or Stme'�gh passages are deleted. 29 Underlined passages are added. 2023-0-22 i. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; (3) It is found to have one or more of the characteristics in subsections (2)(a) through (2)(i) and an order has been issued by the special magistrate sitting as the city's public nuisance abatement official declaring the subject property to be a public nuisance. (b) A building or structure found to be uninhabitable, dilapidated, unsafe or unsanitary as provided in this section shall be subject to demolition. (c) The city may sell any material salvaged from any demolished building or structure and any other property contained therein or thereupon and credit the proceeds against the cost of demolition or removal or where an independent contractor is employed to demolish or remove any such building or structure, to convey such material or property to the contractor as compensation or partial compensation for such demolition or removal. Should the proceeds from the disposition of such materials or property exceed the cost of such demolition or removal, such excess shall be used, applied or paid over in accordance with the written directions of the parties entitled thereto. (d) The city is authorized to appropriate and expend such funds as may be necessary to carry out the provision of this article. Nothing contained herein shall require the city to appropriate or expend any funds to carry out the purpose of this article. The authority granted herein is permissive and shall not be construed to impose an obligation on the building official or the city to condemn any building or structure. (e) Nothing herein precludes exercise of emergency powers otherwise available in the face of imminent threat to public safety. (f) The provisions of this article shall not be deemed to repeal or modify any provision of a city code or ordinance relating to condemning of buildings and structures but the provisions herein shall be supplemental and in addition to the powers that may be exercised by the city through its city council or its officers and employees. Sec. 10-139.Order of condemnation; repair or removal. If the special magistrate determines upon hearing that such building or structure should be condemned, such fact shall be stated in writing to the property owner including reasonable specifications as to the deficiencies justifying such condemnation and the property owner shall be given a reasonable time, according to the size, condition and location of such building or structures, in which to cause the building or structure to be demolished and removed, the illegal conditions abated or placed in a state of sound repair. In the event of failure on the part of the property owner within such time period to effect the demolition and removal, abatement or repair, then such building or structure will be demolished and removed by the city and the cost of the same specially assessed as a lien against the land. The order of condemnation shall be delivered to the property owner or owners or any one owner, as outlined in section 10-349 ("Notices"). The lack of a signed returned receipt shall not constitute a failure to notify owners or interested parties. Service shall be deemed complete upon mailing. The order of condemnation shall be recorded in the public records of the county as a municipal special assessment lien. The recordation of such order of condemnation as a municipal special assessment lien as provided in Stme'�gh passages are deleted. 30 Underlined passages are added. 2023-0-22 this section shall constitute notice to any subsequent purchasers, transferees, grantees, mortgagors, mortgagees, lessees, lienors and all persons having, claiming or acquiring any interest in the property described therein or affected thereby. No condemned building or structure stating that the same is condemned shall be occupied or used for any purpose during the period of time the same is condemned. Sec. 10-140. Demolition by city; municipal special assessment lien. If, within the time stated in the order of condemnation/municipal special assessment lien provided for in section 10-137, the property owner fails to demolish and remove or repair such condemned building or structure and has not shown cause which justifies an extension of time, the city shall forthwith order such building or structure to be demolished or removed by the city and the actual costs including administrative costs of the same specially assessed as a municipal special assessment lien upon the land. The city may enforce its municipal special assessment lien and maintain a personal action against the property owner or owners at the same time to recover such cost and any and all interest accrued thereon. In any suit by the city either at law or in equity for the collection of the amount of the lien, the city shall be entitled to recover its actual costs and attorney's fee for the suit and such costs and attorney's fee shall also become a lien upon the land. Any lien for costs and fees incurred pursuant to sections 10-136 through 10-141 shall constitute a lien for special assessments and with the same penalties and rights of collection, foreclosure, sale and forfeiture as obtained for special assessment liens. Sec. 10-141. Emergency powers. The city manager, building official, fire chief, or code enforcement officer shall have the power to promptly cause a building, structure or portion thereof to be made safe or cause its removal in cases of emergency which have been determined to involve imminent danger to human life or health. For this purpose such structure or land on which such structure stands or abutting land or structures may be entered by such official with such assistance and at such cost as the official may deem necessary. The official may order the vacation of adjacent structures and may protect the public by appropriate fencing or such other means as may be necessary and for this purpose may close a public or private way. All costs incurred by the city pursuant to this section shall be assessed and enforced as stated in section 10-344 and other controlling provisions of the city's codes and ordinances. Secs. 10-142-10-145. Reserved. ARTICLE XII. APPLICABILITY Sec. 10-146. General. The provisions of this Code shall apply to all matters affecting or relating to structures and premises, as set forth in this chapter. Where, in a specific case, different sections of this Code specify different requirements, the most restrictive shall govern. Sec. 10-147. Maintenance. Equipment, systems, devices and safeguards required by this Code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be Stme'�gh passages are deleted. 31 Underlined passages are added. 2023-0-22 maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. Sec. 10-148. Application of other codes. Repairs, additions or alterations to a structure or changes of occupancy, shall be done in accordance with the procedures and provisions of the most current edition of the Florida Building Code. Nothing in this Code shall be construed to conflict with any provision of the Florida Building Code. Sec. 10-149. Existing remedies. The provisions of this Code shall not be construed to abolish or impair existing remedies of the city or its officers or agencies relating to the removal or demolition of any structure, which is dangerous, unsafe and unsanitary. Sec. 10-150. Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. Sec. 10-151. Historic buildings. The provisions of this Code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. Sec. 10-152. Referenced codes and standards. The codes and standards referenced in this Code shall be those that are listed in Florida Building Code requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply. Sec. 10-153. Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this Code, shall be determined by the code official. Stme'�gh passages are deleted. 32 Underlined passages are added. 2023-0-22 Secs. 10-154-10-157. Reserved. ARTICLE XIII. D UTIES AND PO WERS OF THE CODE OFFICIAL Sec. 10-158. General. The code official shall enforce the provisions of this Code. Sec. 10-159. Authority. The city manager shall have authority as necessary in the interest of public health, safety and general welfare, to promulgate procedures to implement this Code. The code official shall have the authority to interpret and implement the provisions of this Code; to secure the intent thereof, and to designate requirements applicable because of local climatic or other conditions. Such interpretations shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Code or of violating accepted engineering methods involving public safety. Sec. 10-160. Inspections. The code official shall make all of the required inspections or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the city manager. Sec. 10-161. Right of entry. The code enforcement officers are authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code enforcement officers are authorized to seek the city attorney to take actions to pursue recourse as provided by law. Sec. 10-162. Identification. The code officials shall carry proper identification when inspecting structures or premises in the performance of duties under this Code. Sec. 10-163. Notices and orders. The code officials shall issue all necessary notices or orders to ensure compliance with this Code. Sec. 10-164. Department records. The code officials shall keep official records of all business and activities of the department specified in the provisions of this Code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations. Stme'�gh passages are deleted. 33 Underlined passages are added. 2023-0-22 Secs. 10-165-10-167. Reserved. ARTICLE XIV.. UNSAFE STRUCTURES AND EQUIPMENT Sec. 10-168. General. When a structure or equipment is found by the code official to be unsafe; or when a structure is found unfit for human occupancy, or in a dilapidated, unsanitary, or uninhabitable condition, or is found unlawful, such structure shall be condemned pursuant to the provisions of the city's codes and ordinances. Sec. 10-169. Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. Sec. 10-170. Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. Sec. 10-171. Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. Sec. 10-172. Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Code or was erected, altered or occupied contrary to law. Sec. 10-173. Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. It is prohibited and unlawful for any person to occupy a placarded premises or to operate placarded equipment. Sec. 10-174. Vacant or uninhabited structures. Damaged openings such as doors, windows or other apertures or holes in the building envelope shall be allowed to be temporarily protected for a period of time not to exceed 90 days. Materials Stme'�gh passages are deleted. 34 Underlined passages are added. 2023-0-22 used to protect or cover the opening can be any material approved for use by the then current edition of the Florida Building Code. If using wood structural panels, oriented strand board (OSB), plywood or any other natural wood product, the material used to enclose the building must be neatly fitted to protect the opening and shall be painted to blend in or match the rest of the building. Sec. 10-175.Occupied or inhabited structures. Damaged openings such as doors, windows or other apertures or holes in the building envelope shall be allowed to be temporarily protected, but repairs or replacement of the damaged doors, windows or other apertures must take place within 90 days. Materials used to temporarily protect, cover or replace the opening can be any material approved for use by the then current edition of the Florida Building Code. Sec. 10-176. Reserved. Secs. 10-177, 10-178. Reserved. ARTICLE XY. EMERGENCYMEASURES Sec. 10-179. Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. Sec. 10-180. Temporary safeguards. Notwithstanding other provisions of this Code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall request the city manager to order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. Sec. 10-181. Closing streets. When necessary for public safety, the code official shall temporarily close structures and close or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. Stme'�gh passages are deleted. 35 Underlined passages are added. 2023-0-22 Sec. 10-182. Emergency repairs. For the purposes of this section, the code official shall request the city manager to authorize the necessary labor and materials to perform the required work as expeditiously as possible. Sec. 10-183. Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the owner of the property causing such costs to the city. Upon failure to pay the city, the city shall record a municipal special assessment lien upon the property. Sec. 10-184. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter and upon petition directed to the city manager, be afforded a hearing consistent with controlling law. Secs. 10-185-10-189. Reserved. ARTICLE XVI. MAINTENANCE OF STRUCTURES, EQUIPMENT AND EXTERIOR PROPERTY Sec. 10-190. Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this Code, have the meanings shown in this article. The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. Sec. 10-191. Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. Sec. 10-192. Reserved. Sec. 10-193. Terms defined in other codes. Where terms are not defined in this Code and are defined in the Florida Building Code or the city's codes and ordinances, such terms shall have the meanings ascribed to them as stated in those codes when applicable. Sec. 10-194. Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. Stme'�gh passages are deleted. 36 Underlined passages are added. 2023-0-22 Sec. 10-195. Parts. Whenever the words "dwelling unit," "dwelling," "efficiency unit," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this Code, they shall be construed as though they were followed by the words "or any part thereof." Sec. 10-196. Reserved. Sec. 10-197. Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, efficiency unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. Sec. 10-198. Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Secs. 10-199-10-201. Reserved. ARTICLE XVII. EXTERIOR PROPERTYAREAS Sec. 10-202. Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. Nothing in this Code shall be deemed to preclude action being taken by the city under the provisions of article VI relating to weeds, wild growth and debris remediation by the city. Sec. 10-203. Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereof or within any structure located thereon, except for approved retention areas and reservoirs. Sec. 10-204. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Stme'�gh passages are deleted. 37 Underlined passages are added. 2023-0-22 Sec. 10-205. Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. Sec. 10-206. Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. Sec. 10-207. Accessory structures. All accessory structures, including but not limited to fences and walls, greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like shall be maintained structurally sound and in good repair. Sec. 10-208. Vehicles. Except as provided for in other regulations, no inoperative or unlicensed vehicle shall be parked, kept or stored on any premises (including public property) and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Removal of junk vehicles on public property shall be subject to the provisions of chapter 17 article IV of the city code. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, on a property owner's property if such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. Sec. 10-209. Defacement of property. It is prohibited and unlawful for a person to willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti, to include specific murals, paintings and wording that is not permitted within the Edgewater Land Development Code or consistent with the structure type, design or location. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. Stme'�gh passages are deleted. 38 Underlined passages are added. 2023-0-22 Secs. 10-210-10-213. Reserved. ARTICLE XVIII. RESERVED Secs. 10-214-10-218. Reserved. ARTICLEXIX. EXTERIOR STRUCTURE Sec. 10-219. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Sec. 10-220. Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, roofs, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Excessive oxidation stains shall be removed from exterior surfaces. Surfaces designed to stabilization by oxidation are exempt from this requirement. Sec. 10-221. Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads. Sec. 10-222. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. Sec. 10-223. Exterior walls. All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Sec. 10-224. Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Stme'�gh passages are deleted. 39 Underlined passages are added. 2023-0-22 Sec. 10-225. Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. Sec. 10-226.Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. Sec. 10-227. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with propery anchorage and capable of supporting the imposed loads. Sec. 10-228. Chimneys and towers. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. Sec. 10-229. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Sec. 10-230. Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Sec. 10-231. Glazing. All glazing materials shall be maintained free from cracks and holes. Sec. 10-232.Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. Sec. 10-233. Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied Stme'�gh passages are deleted. 40 Underlined passages are added. 2023-0-22 with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self -closing device in good working condition. Exceptions: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. Sec. 10-234. Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Doors providing access to a dwelling unit, efficiency unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys. Such locks shall be installed according to the manufacturer's specifications, maintained in good working order and shall tightly secure the door. Sec. 10-235. Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Basement hatchways that provide access to a dwelling unit, efficiency unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. Sec. 10-236. Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. Sec. 10-237. Building security. Doors, windows or hatchways for dwelling units, efficiency units, rooming units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. Sec. 10-238. Windows. Windows manufactured to be operable must remain operable. Windows required for emergency egress shall be operable and located in whole or in part of the structure, dwelling unit, efficiency unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. Sec. 10-239. Temporary storm protection. Openings such as doors, windows or other apertures may be temporarily protected up to 14 days prior to the projected landfall of any named storm or weather system. Temporary protection must be removed within 14 days after the storm threat has passed. Materials used to protect or cover the opening can be any material approved for use by the then current edition of the Florida Building Code. Stme'�gh passages are deleted. 41 Underlined passages are added. 2023-0-22 Secs. 10-240-10-245. Reserved. ARTICLE XX. INTERIOR STRUCTURE Sec. 10-246. General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 10-247. Structural members. All structural members shall be maintained structurally sound and be capable of supporting the imposed loads. Sec. 10-248. Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. Sec. 10-249. Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 10-250. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Sec. 10-251. Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Secs. 10-25210-255. Reserved. ARTICLE XXI. EXTERMINATION Sec. 10-256. Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be Stme'�gh passages are deleted. 42 Underlined passages are added. 2023-0-22 injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. Sec. 10-257. Owner. The owner of any structure shall be responsible for extermination within the structure. Secs. 10-258-10-260. Reserved. ARTICLE XXII. LIGHT, VENTILATIONAND OCCUPANCYLIMITATIONS Sec. 10-261. Scope. The provisions of this article shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. Sec. 10-262. Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy, any premises that do not comply with the requirements of this article. Sec. 10-263. Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Florida Building Code shall be permitted. Sec. 10-264. Habitable spaces (light). Every sleeping space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 square meters). The exterior glazing area shall be based on the total floor area being served. Sec. 10-265. Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 square meters) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9,144 mm). In other than residential occupancies, means of egress, including exterior means of egress, including but not limited to, Stme'�gh passages are deleted. 43 Underlined passages are added. 2023-0-22 stairways, shall be illuminated at all times within the building space served by the means of egress is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads. Sec. 10-266. Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions and the safe occupancy of the space; and utilization of the appliances, equipment and fixtures. Sec. 10-267. Habitable spaces (ventilation). Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in section 10-264. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 square meters). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. Sec. 10-268. Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by section 10-267, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. Sec. 10-269. Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: (1) Where specifically approved in writing by the code official. (2) Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. Sec. 10-270. Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. Stme'�gh passages are deleted. 44 Underlined passages are added. 2023-0-22 Sec. 10-271. Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. Sec. 10-272. Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. Sec. 10-273. Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counterfronts and appliances or counterfronts and walls. Sec. 10-274. Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm). Exceptions: (1) In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height. (2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033 mm) with not less than six feet four inches (1,932 mm) of clear height under beams, girders, ducts and similar obstructions. (3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1,524 mm) or more shall be included. Sec. 10-275. Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of sections 10-273 and 10- 274. Sec. 10-276. Room area. Every living room shall contain at least 120 square feet (11.2 square meters) and every bedroom shall contain at least 70 square feet (6.5 square meters). Stme'�gh passages are deleted. 45 Underlined passages are added. 2023-0-22 Sec. 10-277. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. Sec. 10-278. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or access to a facility located on an adjacent story. Sec. 10-279. Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. Sec. 10-280.Other requirements. Bedrooms shall comply with the applicable provisions of this Code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this article; the plumbing facilities and water -heating facilities requirements of article XXIII; the heating facilities and electrical receptacle requirements of article XXV. Sec. 10-281.Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that the code enforcement officer finds and determines, based upon generally accepted practices and principles, endanger the life, health, safety or welfare of the occupants. Sec. 10-282. Efficiency unit. Efficiency units shall meet the following requirements: (1) A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 square meters). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 square meters). These required areas shall be exclusive of the areas required by subsections (2) and (3). (2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this Code shall be provided. (3) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. (4) The maximum number of occupants shall be three. Stme'�gh passages are deleted. 46 Underlined passages are added. 2023-0-22 Sec. 10-283. Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. Secs. 10-284,10-285. Reserved. ARTICLE XXIII. PL UMBING FACILITIES AND FIXTURE REQUIREMENTS Sec. 10-286. Scope. The provisions of this article shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. Sec. 10-287. Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this article. Sec. 10-288. Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. Sec. 10-289. Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. Sec. 10-290. Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. Sec. 10-291. Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. Stme'�gh passages are deleted. 47 Underlined passages are added. 2023-0-22 Sec. 10-292. Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. Sec. 10-293. Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. Sec. 10-294. Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. Sec. 10-295. Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. Sec. 10-296. Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. Sec. 10-297. General (plumbing fixtures). All plumbing fixtures shall be properly installed and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. Sec. 10-298. Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. Sec. 10-299. Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, Stme'�gh passages are deleted. 48 Underlined passages are added. 2023-0-22 backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. Sec. 10-300. General (water system). Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water. Sec. 10-301. Contamination. The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric -type vacuum breaker or an approved permanently attached hose connection vacuum breaker. Sec. 10-302. Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely and free from defects and leaks. Sec. 10-303. Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas -burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure -relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. Sec. 10-304. General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. Sec. 10-305. Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. Stme'�gh passages are deleted. 49 Underlined passages are added. 2023-0-22 Secs. 10-306-10-308. Reserved. ARTICLE UUV. STORMDRAINAGE Sec. 10-309. General. Drainage of roofs and paved areas, yards, courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Secs. 10-310,10-311. Reserved. ARTICLE XXV. MECHANICAL AND ELECTRICAL REQUIREMENTS Sec. 10-312. Scope. The provisions of this article shall govern the minimum mechanical and electrical facilities and equipment to be provided. Sec. 10-313. Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises which does not comply with the requirements of this article. Sec. 10-314. Mechanical appliances. All mechanical appliances, fireplaces, solid fuel -burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. Sec. 10-315. Removal of combustion products. All fuel -burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel -burning equipment and appliances which are labeled for unvented operation. Sec. 10-316. Clearances. All required clearances to combustible materials shall be maintained. Sec. 10-317. Safety controls. All safety controls for fuel -burning equipment shall be maintained in effective operation. Sec. 10-318. Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel -burning equipment shall be provided for the fuel -burning equipment. Stme'�gh passages are deleted. 50 Underlined passages are added. 2023-0-22 Sec. 10-319. Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel -burning appliance, to the fuel supply line thereto or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. Sec. 10-320. Facilities required -electrical. Every occupied building shall be provided with an electrical system in compliance with the requirements of this article. Sec. 10-321. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Florida Building Code, Electrical. Dwelling units shall be served by a three -wire, 120/240 volt, single phase electrical service having a rating of not less than 60 amperes. Sec. 10-322. Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code enforcement officer shall require the defects to be corrected to eliminate the hazard. Sec. 10-323. Installation -electrical equipment. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Sec. 10-324. Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded -type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. Sec. 10-325. Luminaries. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire. Sec. 10-326. Elevators, escalators, and dumbwaiters. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A 17.1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in ASME A17.1, appendix N, except where otherwise specified by the authority having jurisdiction. Stme'�gh passages are deleted. 51 Underlined passages are added. 2023-0-22 Sec. 10-327. Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. Sec. 10-328. Same —Duct systems. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. Secs. 10-329-10-332. Reserved. ARTICLE XXVI. HEATING FACILITIES Sec. 10-333. Elevators —Heating facilities. Heating facilities shall be provided in structures as required by this section. Sec. 10-334. Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the Florida Building Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exceptions: In areas where the average monthly temperature is above 30°F (-PC), a minimum temperature of 65°F (18°C) shall be maintained. Sec. 10-335. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: (1) When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Florida Building Code. (2) In areas where the average monthly temperature is above 30°F (-PC) a minimum temperature of 65°F (18°C) shall be maintained. Stme'�gh passages are deleted. 52 Underlined passages are added. 2023-0-22 Sec. 10-336.Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied. Exceptions: (1) Processing, storage and operation areas that require cooling or special temperature conditions. (2) Areas in which persons are primarily engaged in vigorous physical activities. Sec. 10-337. Room temperature measurement. The required room temperature shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall. Secs. 10-338-10-340. Reserved. ARTICLE XXVII. CODE COMPLIANCE PROCESS Sec. 10-341. Intent. (a) It is the intent of this article to promote, protect and improve the health, safety, welfare and to safeguard property values of the citizens of the city by providing an equitable, expeditious, effective and inexpensive method of enforcing the various codes of the city. (b) The provisions of this article is intended to provide an additional and supplemental means of enforcing the laws, codes of ordinances and statutes in force in the city and nothing contained herein shall prohibit the city from enforcing its codes or ordinances by any other means available, specifically including Parts I and II, of F.S. ch. 162. Sec. 10-342. Abolishing code enforcement board. The citizen code enforcement board is abolished effective upon adoption of this Ordinance pursuant to section F.S § 162.03(1). Any matter that would be heard/considered before the citizen code enforcement board will now be heard/considered by the special magistrate. Any and all current/existing and future matters for consideration by the board shall now be delegated to the special magistrate. Sec. 10-343. Special magistrate. (a) The city hereby establishes a citation -fine code compliance process for the enforcement of its various codes. The special magistrate shall have the power to impose administrative costs, fines and various noncriminal, civil penalties and to provide for an equitable, expeditious and effective process to achieve compliance and/or enforcement of the laws; code of ordinances and statutes in force in the city. Nothing in this article shall prohibit or limit the city from enforcing the laws, codes of ordinances and statutes in force in the City by any other means available, specifically including Parts I and II, of F.S. ch. 162. The provisions of this article are merely an additional means of obtaining compliance. Struc'�g i passages are deleted. 53 Underlined passages are added. 2023-0-22 (b) The special magistrate shall have the power to: (1) Adopt rules for the conduct of hearing. (2) Hold hearings and assess fines against violators of the various codes of the city. (3) Subpoena alleged violators and witnesses to the hearing. Subpoenas may be served by any law enforcement officer of the city or as otherwise permitted by law. (4) Subpoena evidence to the hearings. (5) Take testimony under oath. (6) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance with city codes or ordinances. However, any orders that require the city to expend money or directs city employees to perform work, i.e., demolition or repair of a structure must be approved by the city manager or city council before becoming effective. Sec. 10-344. Enforcement procedures. (a) It shall be the duty of the code enforcement officer to investigate eemplaints iolations of city codes and to initiate enforcement proceedings relative thereto. The special magistrate shall not have any independent authority to conduct their investigation of such complaints or to initiate enforcement proceedings. (b) A code enforcement officer may not initiate enforcement proceedings for a potential violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who reports a potential violation of a code or an ordiance must provide his or her name and address to the city before an enforcement proceeding may occur. This paragraph does not apply if the code enforcement officer has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources. (bc) Except as provided in subsections (ef) and (fg), if a violation of a code is found, the code enforcement officer shall notify the violator by issuing a notice of violation in accordance with the requirements of subsection 10-345(a) and 10-349. If, upon reasonable investigation, a code enforcement officer has reasonable cause to believe the violation continues to exist beyond the time specified for correction in the notice or if the violation is corrected and then recurs within one (1) year of issuing said notice of violation, the code enforcement officer shall issue a citation to the violator in accordance with the requirements of subsection 10-345(c) and 10-349. (ed) The violator may elect to pay the fine set forth in the citation at any time prior to the hearing. If the violator elects to pay the fine prior to the hearing, it will be deemed as an admission of the commission of the violation and an order may be issued by the special magistrate to that effect. If the violator does not pay the fine set forth in the citation prior to the hearing, the matter will be heard before the special magistrate. Further, if a violator fails to appear at the hearing to contest the violation, the violator shall be deemed to have waived his or her right to contest the violation. If the violation is correct and then recurs, or if the violation is not corrected by the time specified for correction in the notice of Struc'�g h passages are deleted. 54 Underlined passages are added. 2023-0-22 violation, the case may be presented to the special magistrate even if the violation has been corrected prior to the hearing. (de) It is the responsibility of the violator to notify the city that the violation has been corrected. The violation will be deemed to have continued until the code enforcement officer has determined that the violation has been corrected. (ef) If a repeat violation is found, the code enforcement officer shall notify the violator and advise him or her of the nature of the repeat violation, but is not required to give the violator a reasonable time to correct the repeat violation. The code enforcement officer shall notifying the violator- of a repeat violation, issue a citation to the violator in accordance with the requirements of subsection 10-345(c) and 10-349. The violator may elect to pay the fine at any time prior to the hearing. However, the case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing and the special magistrate may determine and impose, as costs against the violator, reasonable enforcement fees incurred by the city. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the special magistrate. The special magistrate shall also have the authority to levy a per day fine beginning on the day that the violation was first observed by the code enforcement officer. (€g) If a code enforcement officer has a reason to believe a violation presents a serious threat to the public health, safety or welfare or if the violation is irreparable or irreversible or if the violator is engaged in violations of an itinerant or transient nature, a code enforcement officer shall make a reasonable effort to notify the violator of the same and may immediately issue a citation, in accordance with the requirements of subsection 10-345(c) and 10-349. and s hedu o the maRef for- a hearing before the speeial magistrate. (gh) If the owner of the property which is subject to enforcement proceeding before the special magistrate transfers ownership of such property between the time the notice of violation was served and the time of the hearing before the special magistrate, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (2) Deliver to the prospective transferee a copy of the notices, citations, and other materials relating to the code enforcement proceeding received by the transferor. (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (4) File a notice with the code enforcement officer of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of transfer (hi) A failure to make the disclosures described in subsections (1), (2) and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing before the special magistrate, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. Stme'�gh passages are deleted. 55 Underlined passages are added. 2023-0-22 Qj) Each day that a violation exists shall constitute a separate violation for the purpose of assessing a fine by the special magistrate. (jk) All fines imposed pursuant to this article shall be paid to the city through its finance department and shall be paid by cash or check with coins only being accepted for any amounts which may require change to pay the exact amount. Sec. 10-345. Notice of violations; repeat violators; citations. (a) Notice of violation. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code and advise him or her of the nature of the violation and shall give the violator a reasonable time to correct the violation. (b) Repeat violators. A code enforcement officer does not have to provide a repeat violator with a reasonable time period to correct a repeat violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found to exist or if there is reason to believe that the violation presents a serious threat to the public health, safety or welfare or if the violation is irreparable or irreversible. (c) Citations. A citation issued by a code enforcement officer shall be in the form prescribed by the city and shall contain: (1) The date and time of issuance of the citation. (2) The name and address of the person, if known, to whom the citation is issued. (3) The date and time the violation was first observed. (4) The section of the code that has been violated and a description of the nature of the violation. (5) The applicable civil fine as prescribed in section 10-348. (6) The necessary corrective action. (7) The name, work phone number and work address of the code enforcement officer. (8) That it is the responsibility of the person to contact the city for an inspection when the violation is corrected and that the violation will be deemed to be in existence until the code enforcement officer determines that the violation has been corrected. (9) The procedure for the person to follow in order to pay the applicable civil fine or to contest the citation; and, that if the person elects to pay the fine, it will be deemed as an admission of the commission of the violation. Stme'�gh passages are deleted. 56 Underlined passages are added. 2023-0-22 (10) That if the person fails to pay the fine, the violation will be heard before the special magistrate and the date, time, and place that said hearing will be conducted. (11) A conspicuous statement that if the person fails to appear at the hearing to contest the violation, the person shall be deemed to have waived his or her right to contest the violation and that, in such case, an order may be entered against the person for an amount up to the maximum civil fine in accordance with section 10-348. (d) After issuing a citation to an alleged violator, the code enforcement officer shall deposit the original citation in a file for the special magistrate and shall deposit ere eopy thereof with the eit-y elerl's of iee. Sec. 10-346. Conduct of hearing. (a) Hearings shall be held once a month, but may be held more or less often as the demand necessitates. Minutes shall be kept of all hearings and all such hearings shall be open to the public. The city manager or his designee shall provide clerical and administrative personnel as may be reasonably required for the proper performance of his or her duties. At any hearing, the special magistrate may continue any matter to a future hearing date. (b) Each case before the special magistrate shall be presented by a code enforcement officer, a member of the city administrative staff, the city attorney, any assistant city attorney or any special counsel. If the city prevails in prosecuting a case before the special magistrate, it shall be entitled to recover all costs incurred in prosecuting said case and such costs may be added to the fine and become part of any lien authorized under section 10-347. (c) The special magistrate may, for good cause shown, continue a case on the agenda for the respective hearing. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, however, fundamental due process shall be observed and shall govern all proceedings. Both the city and the alleged violator shall have the right to subpoena witnesses to testify at the hearing. (d) At the hearing, the special magistrate shall advise the alleged violator of the section of the code of which he or she is accused of violating and the nature of the violation. The special magistrate shall first seek to determine whether or not the alleged violator admits the violation. If the alleged violator admits the violation, the special magistrate shall hear such testimony and evidence as he or she deems necessary to determine the extent of the violation and appropriate fine amount. If the alleged violator denies that a violation has occurred, the special magistrate shall hear first from the city and any city witnesses and evidence, and the alleged violator shall have the right to cross-examine city witnesses. At the close of the presentation of the city's case against the alleged violator, the alleged violator shall be permitted to present his or her evidence, testimony of other witnesses and his or her own testimony in his or her defense. The city shall have the right to cross-examine the alleged violator and his or her witnesses. The city shall have the burden of proving the violation by a preponderance of the evidence. (e) At the conclusion of the hearing, the special magistrate shall issue findings of fact based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order may include a notice that it must be complied with by a specified date, that a fine may be imposed for noncompliance, and the cost of Stme'�gh passages are deleted. 57 Underlined passages are added. 2023-0-22 repairs may be included along with the fine under the conditions specified in section 10-347 if the order is not complied with by the prescribed date. A certified copy of such order may be recorded in the public records of Volusia County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded and the order is complied with by the date specified in the order, the city shall record an order acknowledging compliance of the code violation and satisfaction of the fine. A hearing is not required for the issuance of such an order acknowledging compliance. (f) In addition to the provisions of subsection (e) of this section, in cases involving drug related, prostitution related, or stolen property related public nuisances and criminal gang activity the special magistrate may declare the place or premises to be such a public nuisance, as defined in this article, and may enter an order requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance or may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof, or (3) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. (g) An order entered under this subsection (f) shall expire after one year or at such earlier time as may be stated in the order. (h) An order entered under this subsection (f) may be enforced pursuant to the procedures contained in F.S. § 120.69. This subsection shall not be construed as subjecting the city or special magistrate to any other provision of F.S. ch. 120. Sec. 10-347. Administrative fines and liens. (a) Order imposing fine. The special magistrate, upon notification by a code enforcement officer that a previous order of a code board or the special magistrate has not been complied with by the prescribed time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this article for each day the violation continues past the date set by the special magistrate for compliance; or in the case of a repeat violation, for each day the repeat violation continues to exist, beginning with the date the repeat violation is found to have occurred by the code enforcement officer. Further, if the violation is a violation described in subsection 10-344(€g), the special magistrate shall notify the city manager or city council, which may authorize and take all reasonable remedial actions that are required to bring the property into compliance, and the reasonable cost of those remedial actions may be charged against the violator along with any fine imposed pursuant to this article. Taking such remedial actions does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if such remedial actions were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for Stme'�gh passages are deleted. 58 Underlined passages are added. 2023-0-22 issuance of the order imposing the fine. If, after due notice and hearing, the special magistrate finds a violation to be irreparable or irreversible in nature, the special magistrate may order the violator to pay a fine as specified in subsection (b). (b) Amount of administrative fine. The special magistrate may impose the applicable civil fine prescribed in section 10-348 or may determine and impose a fine up to the maximum amount described in this subparagraph as provided below: (1) A fine imposed pursuant to this section shall not exceed $250.00 per day for the first violation and shall not exceed $500.00 per day for a repeat violation and, in addition thereto, may include all costs of remedial repairs pursuant to subsection (a). However, if the special magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (2) In determining the amount of the fine, if any, the special magistrate shall consider the following factors: a. The gravity of the violation. b. Any actions taken by the violator to correct the violation; and C. Any previous violations committed by the violator. (3) Each day a violation exists shall constitute a separate violation for the purpose of assessing such a fine. (c) Reduction of the fine. Once a violation has been brought into compliance, the city manager or his/her designee may reduce any fine imposed pursuant to this article however, said reduction shall not be less than the costs and expenses incurred by the city. Only the city manager may reduce any fine imposed pursuant to this article less than the costs and expenses incurred by the city. (d) Lien for unpaid fine. A certified copy of the order imposing fine or a fine plus repair costs, may be recorded in the public records of Volusia County and shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including execution any levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this article, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city and the city manager may authorize the execution of a satisfaction and release of lien entered pursuant to this article. After three months from the filing of any such lien which remains unpaid, the city may authorize the city attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real property that is homestead under section 4, article X of the Florida Constitution. Stme'�gh passages are deleted. 59 Underlined passages are added. 2023-0-22 (e) Fee for lien inquiry/report. A fee shall be charged per parcel of property for searching the city's official records and producing a city lien inquiry/report. Said fee shall be established and modified from time to time as needed by resolution of the city council. Said report shall contain all code enforcement, special assessment and any and all other city liens on the property that are reasonably ascertainable by search of the city's official records. The form of the report shall be in the manner prescribed by the city manager or his/her designee. A copy of the report shall be filed with the finance department. Sec. 10-348. Classification of violations and a schedule of civil fines, penalties and/or costs. The city hereby authorizes and provides for corresponding civil fines, penalties and/or cos time, as needed by resolution of the city council Sec. 10-349. Notices. classifications of violations and a schedule of :s to be established and modified from time to (a) All notices required by this article shall be provided to the alleged violator by: (1) Certified mail, retum reeeipt requested to the address listed in the tax collector's office for tax notices or to the address listed in the county property appraiser's database. The city may also provide additional notice to any address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing notice may be provided by posting as described in subsection (b)(2); or (2) By hand delivery by the sheriff or other law enforcement officer, or code enforcement officer; or (3) By leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (4) In the case of commercial property, leaving the notice with the manager or other person in charge. (b) In addition to providing notice as set forth in subsection (a) notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Volusia County. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official advertisements. Proof of publication shall be made as provided in F.S. § 50.041 and § 50.051. (2) In lieu of publication as described in paragraph (b)(1), such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at city hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. Stme'�gh passages are deleted. 60 Underlined passages are added. 2023-0-22 (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or requirements of this section having been met, without regard to whether or not the alleged violator actually received such notice. (c) The provisions of this section shall not apply to the enforcement, pursuant to F.S. § 553.79 and § 553.80, as amended from time to time, of the building codes adopted pursuant to F.S. § 553.73 as they apply to construction, provided that a building permit is either not required or has been issued. For purpose of this section, building codes mean only those codes adopted pursuant to F.S. § 533.73. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or posting as provided in subsection (b), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Sec. 10-350. Appeals. Except as otherwise provided herein, an aggrieved party, including the city, may appeal a final administrative order of the special magistrate by certiorari to the Circuit Court of Volusia County. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special magistrate. An appeal shall be filed within 30 days for the execution of the order to be appealed. Secs. 10-351-10-399. Reserved. ARTICLE XXVIII. PROPERTYMAINTENANCE NUISANCE AND ABATEMENT Sec. 10-400. Property maintenance nuisance conditions; abatement; notice and hearing; lien for expenses. (a) It is declared by the city council that the following shall each individually or in combination be a property maintenance nuisance when they exist upon any right-of-way, parcel, lot, lots, adjacent lots, or property: (1) Any dead, damaged or diseased tree, located within 35 feet of any public roadway, public or private sidewalk that is adjacent to a public roadway, or any developed property when the tree has been declared a hazard by a code enforcement officer or an arborist. (2) Grass, weeds, brush and undergrowth (specifically excluding trees, planted ornamental shrubs and saw palmettos) that are allowed to reach a height in excess of 12 inches on an improved or developed lot, which impair or may impair the economic welfare of the adjacent property, contribute to a fire hazard and/or create a health hazard when any part of those growths are located on any lot adjacent to the boundary of any developed lot. (3) Accumulation of waste, yard trash, or rubble and debris that may harbor rodents or snakes or that may contain pools of water that may serve as breeding grounds for insects or other disease transmitters. Stme'�gh passages are deleted. 61 Underlined passages are added. 2023-0-22 (b) If the code enforcement officer determines that a property maintenance nuisance exists on any lot, tract, or parcel of land within the city, the code enforcement officer shall provide notice to the violator. The notice shall have the following information: (1) The name and address of the property owner. (2) The location of the property maintenance nuisance. (3) The date and time the property maintenance nuisance notice was issued. (4) The date and time the property maintenance nuisance was first observed. (5) The section of the code that has been violated and a description of the nature of the property maintenance nuisance. (6) Necessary corrective action. (7) The name and contact information of the code enforcement officer issuing the notice. (8) The date in which the violation must be corrected. The violator has ten days to correct the property maintenance nuisance from the date the notice was issued as outlined in section 10- 400(c). (9) A conspicuous statement that the city will correct the property maintenance nuisance and shall place a lien against the property for all cost incurred if the violation isn't corrected or a request for a hearing isn't received by the indicated date on the notice. (c) All property maintenance nuisances notices required by this article shall be provided to the alleged violator by: (1) Certified mail, return receipt requested to the address listed in the tax collector's office for tax notices, or to the address listed in the county property appraiser's database. The city may also provide additional notice to any address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. The code enforcement officer shall post a copy of the notice of property maintenance nuisance at the property upon which the violation is alleged to exist and at city hall. Proof of posting shall be by affidavit of the person posting the notice; or (2) By hand delivery by the code enforcement officer; or (3) In the case of commercial property, leaving the notice with the manager or other person in charge. (d) Evidence that an attempt has been made to hand deliver or mailing notice and posting shall be sufficient to show that the notice requirements have been met, without regard to whether or not the alleged violator actually received such notice. (e) If the owner does not correct the condition and does not request a hearing within the ten- day period, the city shall have the condition abated and shall have a lien against the property for cost incurred. Stme'�gh passages are deleted. 62 Underlined passages are added. 2023-0-22 (f) If a hearing is requested, it shall be held before the special magistrate. The issues to be determined shall be whether the condition that exists constitutes a property maintenance nuisance as outlined in section 10-400(a). Upon appropriate findings, the special magistrate shall direct the owner of the property to correct the nuisance conditions within ten days, after which the city shall correct the nuisance conditions and shall have a lien against the property for all cost incurred. (g) Costs shall include the cost of correcting the violation, together with any other expenses, which the city has incurred. Sec. 10-401. Imminent health hazards on private property. When an imminent health hazard exists on private property, the city is authorized to enter the private property and remove the imminent health hazard after all reasonable efforts have been made to contact the owner. The owner shall be responsible for any costs incurred by the city for abatement of the hazard, and a lien shall be imposed on the property in accordance with section 10-347. Sec. 10-402. Alternate method of enforcement. It shall be unlawful for any person owning property in the city to allow a lot to exist in a property maintenance nuisance condition as described in the article. As an alternative to the procedures of this article at the option of the code enforcement officer, violations of this article may be enforced by article XXVII or any other means available as provided by city ordinance or by law. Secs. 10-403-10-499. Reserved. ARTICLE XYIX. MAINTENANCE OF COMMERCIAL PROPERTIES Sec. 10-500. Minimum standards. The minimum standards for the maintenance of commercial properties are as follows: (1) All buildings and walls shall present a neat and clean appearance and be free of all peeling paint, mildew, rust, graffiti, dirt, and deteriorated or mismatched roofing material. (2) Nonfunctional elements on any building, structure, or premises, such as unused sign poles, brackets, empty electrical conduit, etc., shall be removed and the remaining surface shall, if damaged, be repaired or rebuilt to match adjacent surfaces and to the original condition. All loose wires and/or conduits shall be secured. (3) Awnings shall be properly maintained and present a neat and clean appearance. Awnings shall be deemed as non -maintained if any part thereof is broken, tattered, torn, faded, or otherwise in disrepair. (4) All roofs, gutters, and downspouts shall be maintained to prevent damage to the structure and adjoining properties. Stme'�gh passages are deleted. 63 Underlined passages are added. 2023-0-22 (5) All parking areas shall be kept free of weeds, trash and debris. Potholes and broken pavement shall be repaired. Paving and striping shall be maintained to a neat and clean appearance. (6) Landscaping shall be maintained in a healthy condition, including but not limited to, sufficient watering and trimming. Landscaping shall be reasonably free of weeds and foreign matter. (7) All grass covered areas shall be maintained in a healthy condition, including but not limited to, sufficient watering and maintenance as outlined in section 10-98. (8) The premises shall be free of any condition that tends to or could hamper or interfere with the suppression of fire or the use of emergency vehicles upon the premises or adjacent premises. (9) All retaining walls, nonstructural walls, dumpster enclosures, fences, lighting devices and supports and outdoor seating areas shall be maintained to a neat, clean, and functioning condition with a clean appearance. Secs. 10-501-10-599. Reserved. Stme'�gh passages are deleted. 64 Underlined passages are added. 2023-0-22 I GEWATER File #: 2023-0-23, Version: 1 City of Edgewater Legislation Text COUNCIL AGENDA ITEM SUBJECT: I" Reading - Ordinance No. 2023-0-23: Amending the Police Officers Pension Plan DEPARTMENT: Police Officers' Pension Board 104 N. Riverside Drive Edgewater, FL 32132 SUMMARY: Proposed ordinance amending the plan to allow the Police Chief to opt out of the plan; and provides a 0% floor for member share plan earnings. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance 2023-0-23 City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM ORDINANCE NO.2023-0-23 AN ORDINANCE AMENDING THE CITY OF EDGEWATER, FLORIDA POLICE OFFICERS' PENSION PLAN; PROVIDING FOR AMENDMENT TO SECTION 2.01, ACTIVE PARTICIPATION, TO PROVIDE FOR CHIEF OPT OUT; PROVIDING FOR AN AMENDMENT TO SECTION 4.06, SUPPLEMENTAL BENEFIT, TO INCLUDE A ZERO PERCENT FLOOR RETURN; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, City of Edgewater sponsors a Police Officers' Pension Plan ("Plan") most recently restated in Ordinance No. 2016-0-34; and WHEREAS, the Board of Trustees desire to amend the Plan to provide for the Police Chief to opt out of participating in the Plan consistent with Florida Statutes Section 185; and WHEREAS, the Board of Trustees desire to amend the Supplemental Benefit ("Share Plan") to include a zero percent minimum investment return provision effective retroactively to a certain date; and WHEREAS, the Board of Trustees of the City of Edgewater Police Officers' Pension Plan recommend adoption of this amendment to the Plan; and WHEREAS, the City Council has received, reviewed, and considered an actuarial impact statement describing the actual impact of the amendments provided for herein; NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater Florida: PART A. AMEND SECTION 2.01 AND SECTION 4.06 OF THE CITY OF EDGEWATER, FLORIDA POLICE OFFICERS' PENSION PLAN. Section 2.01, Active Participation, is amended to provide for Chief opt out and Section 4.06, Supplemental Benefit, is amended to include a zero percent floor return, pursuant to Exhibit "A", which is attached and incorporated herein 2023-0-23 1 Sk thretigk passages are deleted. Underlined passages are added. 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. EFFECTIVE DATE This ordinance shall take effect upon adoption. PASSED AND DULY ADOPTED this day of , 2023. ATTEST: Bonnie Zlotnik, CMC, City Clerk Passed on first reading on the day of 12023 REVIEWED AND APPROVED: Diezel DePew, Mayor Aaron R. Wolfe, City Attorney 2023-0-23 2 Sti%ek thretigh passages are deleted. Underlined passages are added. EXHIBIT "A" Section 1. Section 2.01, Active Participant, of Article II, Participation, is hereby amended as follows: (c) A former Participant shall again become an Active Participant (resume active participation in the Plan) on the date he again becomes an eligible Employee. This date is his Reentry Date. An Active Participant or an Eligible Employee who is promoted to or employed by the Employer as police chief may elect not to be an Active Participant in the event he/she has elected to participate in another pension program offered by the Employer. The election shall be irrevocable and must be made within the first 365-days of employmentas polieee and the a shall be submitted to the Employer and Plan Administrator specifying that he/she will not be an Active Participant in this plan and therefore shall not be entitled to any benefits afforded therein. enaetrnent of this provision shall haves to 365 days from enactment of this There shall be no duplication of benefits for a Participant under this Plan because of more than one period as an Active Participant. Section 2. Section 4.06, Supplemental Benefit, of Article IV, Retirement Benefits, is hereby amended as follows: Supplemental Retirement Benefit: In addition to all other benefits provided in this section, there is hereby provided for eligible police officers an annual supplemental retirement benefit. For purposes of this subsection only, "eligible police officer" shall be defined as an active police officer that has attained Credited Service of five (5) or more years and that terminates service or retires under the Pension Plan. Entitlement to such supplemental retirement benefit shall be determined annually based upon the receipt by the Fund of any "additional premium tax revenues," as defined in sub -section 185.02(1), Florida Statutes. Payment of such supplemental retirement benefit shall be made annually to each eligible police officer no later than the 1 st of December after receipt of the "additional premium tax revenues" from the state, provided that it has been confirmed in writing that the eligible police officer was alive on September 30th of such year, beginning with fiscal year 2007. Each eligible police officer shall receive an equal share of "additional premium tax revenues" each year in which they are received. Such supplemental benefit for each eligible police officer shall be credited to an account to be maintained by the Pension Plan, which shall be credited or debited with the actual rate of investment return (less expenses) of the 2023-0-23 3 Struek thretigk passages are deleted. Underlined passages are added. Pension Plan and, on retirement or termination (or in the event of death prior to retirement paid to a designated beneficiary), shall at the election of the police officer be (A) rolled over to a designated qualified Plan or (B) paid directly as a lump sum distribution to the Police Officer subject to a 20% tax withholding or (C) as a combination of (A) and (B). If for any year the actual rate of investment return less expenses) is less than zero, the return (less expenses) shall be deemed to be equal to zero for such period effective retroactively beginning_[ADD RETROACTIVE DATE]. 2023-0-23 4 Struek thretigk passages are deleted. Underlined passages are added. FjFOSTER & FOSTER ACTUARIES AND CONSULTANTS February 2, 2023 VIA EMAIL Board of Trustees City of Edgewater Police Officers' Pension Board 19 NN Mom [fill Edgewater, FL 32132-0100 Re: City of Edgewater Police Officers' Pension Fund Dear Board: We have reviewed the proposed Ordinance, amending Section 2.01 — Active Participant, amending the Active Participant election requirements for police chiefs. We have determined that the adoption of the proposed changes will have no impact on the assumptions used in determining the funding requirements of the program. Because the above changes do not result in an immediate change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance to each of the following offices: Mr. Keith Brinkman Bureau of Local Retirement Systems Division of Retirement P. O. Box 9000 Tallahassee, FL 32315-9000 If you have any questions, please let me know. Sincerely, Douglas . Lozen, EA, MAAA Mr. Steve Bardin Municipal Police and Fire Pension Trust Funds Division of Retirement P.O. Box 3010 Tallahassee, FL 32315-3010 13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 • (239) 433-5500 • Fax (239) 481-0634 - www.foster-foster.com v FOSTER & FOSTER May 19, 2023 Board of Trustees City of Edgewater Police Officers' Pension Board Re: City of Edgewater Police Retirement Plan Dear Board: Enclosed is the following material, which has been prepared in support of the proposed changes to the Fund: 1. Three (3) copies of the required Actuarial Impact Statement, which outlines the costs associated with implementing the changes. 2. Draft of transmittal letters to the Bureau of Local Retirement Systems and the Bureau of Police Officers' and Firefighters' Retirement Trust Funds. It will be necessary for the Chairman to sign each copy of the Actuarial Impact Statement as the Plan Administrator and forward the Impact Statement, along with a copy of the proposed Ordinance, to the two Bureaus prior to final reading. If you have any questions concerning the enclosed material, please let us know. Sincerely, Dougla H. L zen, EA, MAAA Enrolled ctuary #23-7778 Enclosures 13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 • (239) 433-5500 • Fax (239) 481-0634 • www.foster-foster.com Mr. Steve Bardin Police Officers' and Firefighters' Retirement Trust Funds Department of Management Services, Division of Retirement 3189 S. Blair Stone Rd. Tallahassee, FL 32301 Re: Actuarial Impact Statement Dear Mr. Bardin: The City of Edgewater is considering the implementation of amended retirement benefits for its Police Officers. The changes are described in the enclosed material. Pursuant to the provisions of Chapter 185, we are enclosing the required Actuarial Impact Statement along with a copy of the proposed Ordinance for your review. If you have any questions or if additional information is needed, please contact us. Sincerely, Mr. Keith Brinkman Bureau of Local Retirement Systems Division of Retirement 3189 S. Blair Stone Rd. Tallahassee, FL 32301 Re: Actuarial Impact Statement Dear Mr. Brinkman: The City of Edgewater is considering the implementation of amended retirement benefits for its Police Officers. The changes are described in the enclosed material. Pursuant to Section 22d-1.04 of the Agency Rules, we are enclosing the required Actuarial Impact Statement (AIS) and a copy of the proposed Ordinance for your review. If you have any questions or if additional information is needed, please contact us. Sincerely, CITY OF EDGEWATER POLICE RETIREMENT PLAN ACTUARIAL IMPACT STATEMENT May 19, 2023 (Page 1) Attached hereto is a comparison of the impact on the Minimum Required Contribution (per Chapter 112, Florida Statutes) and the Required City Contribution, resulting from the implementation of the following changes: Effective September 30, 2022, the interest credit to the Share Plan has a floor of 0.0% (i.e. no allocation of negative investment returns). The cost impact, determined as of October 1, 2022, applicable to the fiscal year ending September 30, 2024, is as follows: Proposed Current Minimum Required Contribution % of Projected Annual Payroll 52.4% 51.8% Member Contributions (Est.) % of Projected Annual Payroll 6.0% 6.0% City And State Required Contribution % of Projected Annual Payroll 46.4% 45.8% State Contribution (Est.)' $0 $0 % of Projected Annual Payroll 0.0% 0.0% City Required Contribution 2 % of Projected Annual Payroll 46.4% 45.8% 1 Represents the amount received in calendar 2022. As per a Mutual Consent Agreement between the Membership and the City, all State Monies received each year will be allocated to the Share Plan established with Ordinance 2016-0-34. City of Edgewater Police Retirement Plan FOSTER & FOSTER 14 CITY OF EDGEWATER POLICE RETIREMENT PLAN ACTUARIAL IMPACT STATEMENT May 19, 2023 (Page 2) Unless otherwise noted, all data, assumptions, methods and plan provisions are the same as in the October 1, 2022 actuarial valuation report. It should be noted that changes to retirement benefits could potentially affect participants' retirement or termination behavior. We will monitor and advise of any recommended changes with future experience studies. Future actuarial measurements may differ significantly from the current measurements presented in this report for a variety of reasons including: changes in applicable laws, changes in plan provisions, changes in assumptions, or plan experience differing from expectations. Due to the limited scope of the analysis, we did not perform an analysis of the potential range of such future measurements. Please note that contents of this analysis and the October 1, 2022 actuarial valuation report are considered an integral part of the actuarial opinions. In reviewing the results presented in this study, it should be noted that there are risks that may not be inherently apparent to the reader that should be carefully considered. For key risks, please see the Discussion of Risk section of the October 1, 2022 actuarial valuation report. In performing the analysis, we used third -party software to model (calculate) the underlying liabilities and costs. These results are reviewed in the aggregate and for individual sample lives. The output from the software is either used directly or input into internally developed models to generate the costs. All internally developed models are reviewed as part of the process. As a result of this review, we believe that the models have produced reasonable results. We do not believe there are any material inconsistencies among assumptions or unreasonable output produced due to the aggregation of assumptions. The changes presented herein are in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution. The undersigned is familiar with the immediate and long-term aspects of pension valuations and meets the Qualification Standards of the American Academy of Actuaries necessary to render the opinions contained herein. Dougl ozen, EA, MAAA Enrolled Actuary #23-7778 STATEMENT OF PLAN ADMINISTRATOR The prepared information presented herein reflects the estimated impact of the proposed Ordinance. Chairman, Board of Trustees City of Edgewater Police Retirement Plan FOSTER & FOSTER 15 COMPARATIVE SUMMARY OF PRINCIPAL VALUATION RESULTS New Benefits Old Benefits 10/1/2022 10/1/2022 A. Participant Data Actives 30 30 Service Retirees 27 27 Beneficiaries 2 2 Disability Retirees 6 6 Terminated Vested 14 14 Total 79 79 Payroll Under Assumed Ret. Age 1,930,167 1,930,167 Annual Rate of Payments to: Service Retirees 794,018 794,018 Beneficiaries 36,632 36,632 Disability Retirees 139,709 139,709 Terminated Vested 63,869 63,869 B. Assets Actuarial Value (AVA) 14,180,861 14,180,861 Market Value (MVA) ' 12,427,210 12,427,210 C. Liabilities Present Value of Benefits Actives Retirement Benefits 5,982,564 5,982,564 Disability Benefits 1,322,893 1,322,893 Death Benefits 8,778 8,778 Vested Benefits 309,498 309,498 Refund of Contributions 28,131 28,131 Accumulated Leave 209,390 209,390 Service Retirees 8,679,612 8,679,612 Beneficiaries 386,265 386,265 Disability Retirees 1,746,216 1,746,216 Terminated Vested 508,863 508,863 Share Plan Balances' 1,205,576 1,043,700 Total 20,387,786 20,225,910 City of Edgewater Police Retirement Plan FOSTER & FOSTER 16 New Benefits Old Benefits C. Liabilities - (Continued) 10/1/2022 10/1/2022 Present Value of Future Salaries 14,302,898 14,302,898 Present Value of Future Member Contributions 858,174 858,174 Normal Cost (Retirement) 250,545 250,545 Normal Cost (Disability) 113,748 113,748 Normal Cost (Death) 599 599 Normal Cost (Vesting) 35,964 35,964 Normal Cost (Refunds) 7,795 7,795 Total Normal Cost 408,651 408,651 Present Value of Future Normal Costs 3,144,883 3,144,883 Accrued Liability (Retirement) 4,137,063 4,137,063 Accrued Liability (Disability) 502,690 502,690 Accrued Liability (Death) 5,072 5,072 Accrued Liability (Vesting) 66,910 66,910 Accrued Liability (Refunds) 4,636 4,636 Accrued Liability (Inactives) 11,320,956 11,320,956 Share Plan Balances' 1,205,576 1,043,700 Total Actuarial Accrued Liability (EAN AL) 17,242,903 17,081,027 Unfunded Actuarial Accrued Liability (UAAL) 3,062,042 2,900,166 Funded Ratio (AVA / EAN AL) 82.2% 83.0% City of Edgewater Police Retirement Plan FOSTER & FOSTER 17 D. Actuarial Present Value of Accrued Benefits Vested Accrued Benefits Inactives + Share Plan Balances ' Actives Member Contributions Total Non -vested Accrued Benefits Total Present Value Accrued Benefits (PVAB) Funded Ratio (MVA / PVAB) Increase (Decrease) in Present Value of Accrued Benefits Attributable to: Plan Amendments Benefit Changes Plan Experience Benefits Paid Interest Other Total New Benefits 10/ 1 /2022 12,526,532 1,241,477 735,957 14,503,966 1,571,093 16,075,059 77.3% 161,876 0 0 0 0 Old Benefits 10/ 1 /2022 12,364,656 1,241,477 735,957 14,342,090 1,571,093 15,913,183 78.1% City of Edgewater Police Retirement Plan FOSTER & FOSTER 18 Payment Required to Amortize Unfunded Actuarial Accrued Liability over 30 years (as of 10/1/2022, with interest) % of Total Annual Payroll 2 27.2 26.6 Minimum Required Contribution % of Total Annual Payroll 2 52.4 51.8 Expected Member Contributions % of Total Annual Payroll 2 6.0 6.0 Expected City and State Contribution % of Total Annual Payroll 2 46.4 45.8 1 The asset values and liabilities include accumulated Share Plan Balances as of 9/30/2022. 2 Contributions developed as of 10/1/2022 are expressed as a percentage of total annual payroll at 10/1/2022 of $1,930,167. City of Edgewater Police Retirement Plan FOSTER & FOSTER 19 New Benefits Old Benefits Valuation Date 10/1/2022 10/1/2022 Applicable to Fiscal Year Ending 9/30/2024 9/30/2024 E. Pension Cost Normal Cost (with interest) % of Total Annual Payroll 2 22.0 22.0 Administrative Expenses (with interest) % of Total Annual Payroll 2 3.2 3.2 Payment Required to Amortize Unfunded Actuarial Accrued Liability over 30 years (as of 10/1/2022, with interest) % of Total Annual Payroll 2 27.2 26.6 Minimum Required Contribution % of Total Annual Payroll 2 52.4 51.8 Expected Member Contributions % of Total Annual Payroll 2 6.0 6.0 Expected City and State Contribution % of Total Annual Payroll 2 46.4 45.8 1 The asset values and liabilities include accumulated Share Plan Balances as of 9/30/2022. 2 Contributions developed as of 10/1/2022 are expressed as a percentage of total annual payroll at 10/1/2022 of $1,930,167. City of Edgewater Police Retirement Plan FOSTER & FOSTER 19 ACTUARIAL ASSUMPTIONS AND METHODS Mortality Rate Healthy Active Lives: Female: PubS.H-2010 (Below Median) for Employees, set forward one year. Male: PubS.H-2010 (Below Median) for Employees, set forward one year. Healthy Retiree Lives: Female: PubS.H-2010 for Healthy Retirees, set forward one year. Male: PubS.H-2010 (Below Median) for Healthy Retirees, set forward one year. Beneficiary Lives: Female: PubG.H-2010 (Below Median) for Healthy Retirees. Male: PubG.H-2010 (Below Median) for Healthy Retirees, set back one year. Disabled Lives: 80% PubG.H-2010 for Disabled Retirees / 20% PubS.H- 2010 for Disabled Retirees. All rates are projected generationally with Mortality Improvement Scale MP-2018. We feel this assumption sufficiently accommodates future mortality improvements. The previously described mortality assumption rates were mandated by Chapter 2015-157, Laws of Florida. This law mandates the use of the assumptions used in either of the two most recent valuations of the Florida Retirement System (FRS). The above rates are those outlined in Milliman's July 1, 2021 FRS valuation report for special risk employees, with appropriate adjustments made based on plan demographics. Interest Rate 7.40% per year compounded annually, net of investment related expenses. This is supported by the target asset allocation of the trust and the expected long-term return by asset class. City of Edgewater Police Retirement Plan FOSTER & FOSTER 110 Salary Increases Payroll Growth Administrative Expenses Amortization Method Salary Scale Service Rate 0-1 14.00% 2-9 6.50% 10+ 4.00% This assumption was adopted based on the September 17, 2020 experience study. None. $59,478 annually, based on the average of actual expenses incurred in the prior two fiscal years. New UAAL amortization bases are amortized over the following amortization periods: Experience: 10 Years. Assumption/Method Changes: 20 Years. Benefit Changes: 30 Years. Bases established prior to the valuation date are adjusted proportionally to match the Expected Unfunded Actuarial Accrued Liability as of the valuation date, in order to align prior year bases with the portion of the current year UAAL associated with prior year sources. Actuarial Asset Method All assets are valued at market value with an adjustment made to uniformly spread actuarial investment gains and losses (as measured by actual market value investment return against expected market value investment return) over a four-year period. Funding Method Entry Age Normal Actuarial Cost Method. The following loads are applied for determining the minimum required contribution: Normal Retirement Early Retirement Interest - a half year, based on current 7.40% assumption. Salary - None. It is assumed that no one works past age 55 if they are eligible to retire. Further, members are assumed to retire at a rate of 50% per year in the first two years of service eligibility (20 years of Credited Service) and 100% per year thereafter. The retirement assumptions were adopted based on the September 17, 2020 experience study. None assumed. This assumption is based on results of the September 17, 2020 experience study. City of Edgewater Police Retirement Plan FOSTER & FOSTER 111 Termination Rates It is assumed that members will terminate at a rate of 10% per year in the first 10 years of service and 1 % per year thereafter. This assumption was adopted based on the September 17, 2020 experience study. Disabili , Rates Sample rates below: % Becoming Disabled During the Year Am Rate 25 0.82% 35 1.25% 45 2.78% 55 8.45% 80% of disablements are assumed to be service -related. This assumption is based on results of the September 17, 2020 experience study. City of Edgewater Police Retirement Plan FOSTER & FOSTER 1 12 SUMMARY OF CURRENT PLAN (Through Ordinance 2023-0-10) Eli ig bility Full-time police officers shall participate in the system as a condition of employment. Salary Total Compensation. Average Final Compensation (AFC) Average Salary for the highest 3 years during the 5 years immediately preceding retirement or termination. Credited Service Total years and fractional parts of years of service with the City as a Police Officer. Member Contributions 6.00% of Salary. City and State Contributions Remaining amount necessary to pay current costs and amortize past service cost, if any, as provided in Part VII of Florida Statutes, Chapter 112. Normal Retirement Date The earlier of: 1) age 55 and the completion of 5 years of Credited Service, or 2) the completion of 20 years of Credited Service, regardless of age. Benefit 2.00% of Average Final Compensation times Credited Service as of 10/1/1987 plus 3.00% of Average Final Compensation times Credited Service after 10/1/1987. Form of Benefit Ten Year Certain and Life Annuity (options available). Early Retirement Date Age 50 and 5 years of Credited Service. Benefit Determined as for Normal Retirement and reduced 3.00% for each year that Early Retirement precedes Normal Retirement. Death Benefits Pre -Retirement Vested A monthly benefit determined assuming the participant terminated employment on his date of death, survived to his earliest retirement date, elected a 100% qualified joint and survivor annuity and then died the next day. Not Vested Refund of accumulated contributions without interest. Post -Retirement According to optional form of benefit selected. City of Edgewater Police Retirement Plan FOSTER & FOSTER 113 Disability Benefit Eligibility Service Incurred Covered from Date of Employment. Non -Service Incurred 5 years of Credited Service. Exclusions Disability resulting from use of drugs, illegal participation in riots, service in military, etc. Benefit Benefit accrued to date of disability. Minimum benefit for Service Incurred is 42% of AFC, for Non -Service Incurred is 25% of AFC. Duration Payable for life (with 120 monthly payments guaranteed), or until recovery (as determined by the Board). Termination of Employment Benefit Less than 5 years Refund of accumulated contributions without interest. 5 or more Refund of Contributions or Accrued benefit payable at retirement age. Board of Trustees a. Two Council appointees, b. Two Members of the Department elected by the membership, and c. Fifth Member elected by the other 4 and appointed by Council. Deferred Retirement Option Plan Eligibility Eligibility for Normal Retirement. Participation Not to exceed 60 months. Rate of Return Actual net rate of investment return (total return net of brokerage commissions, management fees and transaction costs) credited each fiscal quarter. Form of Distribution Cash lump sum at termination of employment. Chapter 185 Share Plan Established with Ordinance 2016-11-14. By way of Mutual Consent under Chapter 2015-39, Laws of Florida, all Chapter 185 Premium Tax Monies are allocated to a Share Plan for the active Membership, beginning with the fiscal year ended September 30, 2016. City of Edgewater Police Retirement Plan FOSTER & FOSTER 114 I GEWATER File #: 2023-0-24, Version: 1 City of Edgewater Legislation Text COUNCIL AGENDA ITEM SUBJECT: 1st Reading - Ordinance No. 2023-0-24 - Amending Chapter 9 (Finance) DEPARTMENT: Finance SUMMARY: 104 N. Riverside Drive Edgewater, FL 32132 Staff is in the process of reviewing Personnel Policies and Procedures for updates to the mileage reimbursement and travel and per diem expenses. These regulations should be identified as policies rather than legislation and are being removed from Chapter 9 (Finance) of the Code of Ordinance. While making this update staff made minor updates to text for City Clerk references and clarification of check signors. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2023-0-24 City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM ORDINANCE NO.2023-0-24 AN ORDINANCE AMENDING CHAPTER 9 (FINANCE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: herein. 1. The City of Edgewater finds that regulations pertaining to mileage reimbursement and travel and per diem expenses are outlined in the Personnel Policies and Procedures Manual. 2. These regulations should be identified as policies rather than legislation and therefore should remain in the Personnel Policies and Procedures Manual. Clarification of check signors has been included in this revision. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: PART A. AMEND CHAPTER 9 (FINANCE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA Chapter 9 (Finance) is amended pursuant to Exhibit "A", which is attached and incorporated 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. S... ek dwough passages are deleted. 1 Underlined passages are added. 2023-0-24 PART D. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE This ordinance shall take effect upon adoption. PASSED AND DULY ADOPTED this day of ATTEST: Bonnie Zlotnik, CMC, City Clerk Passed on first reading on the day of 12023 REVIEWED AND APPROVED: S.....,.vwatign passages are deleted. Underlined passages are added. Diezel DePew, Mayor Aaron R. Wolfe, City Attorney 2 2023. 2023-0-24 EXHIBIT "A" S...aek d ougn passages are deleted. Underlined passages are added. 2023-0-24 PART II - CODE OF ORDINANCES Chapter 9 FINANCE Chapter 9 FINANCE' 1Charter reference(s)—Fiscal year, § 67. Cross reference(s)—Occupational licenses, Ch. 11; taxation, Ch. 16. State law reference(s)—Municipal finance and taxation, F.S. § 166.201 et seq.; disposition of lost, etc., personal property, F.S. Ch. 705 and § 715.01. Edgewater, Florida, Code of Ordinances (Supp. No. 27) Created: 2022-08-28 11:05:58 [EST] Page 1 of 8 PART II - CODE OF ORDINANCES Chapter 9 - FINANCE ARTICLE I. IN GENERAL ARTICLE 1. IN GENERAL Sec. 9-1. Permit fees —Collection; deposit. Before any permit required by any of the ordinances of the city shall be issued, the applicant therefor shall pay to the c-City clerk the fee as determined by the council. All fees collected by the c-City elerkfor the issuance of permits shall be deposited in the general fund of the city. (Code 1963, § 2-5) Sec. 9-2. Same —Refund procedure generally. No person shall be entitled to any refund of the amount paid for any permit issued by any department of the city unless such refund is applied for in writing within six months from the date of issuance of such permit, or within the extended time thereof if the same has been extended under an applicable ordinance. (Code 1963, § 1-10) Sec. 9-3. Same —Refund service charge. The city department which issues a permit for which a refund is claimed, before making any such refund, shall retain and deduct therefrom a sum equal to ten percent of the amount originally paid for the permit, which sum shall constitute a service charge and shall be paid into the city treasury. (Code 1963, § 1-11) Sec. 9-4. Officers authorized to sign checks and vouchers. (a) The city manager is hereby authorized to sign all checks and vouchers on all accounts of the city. (b) In the absence of the city manager, the city clerk, the mayor, vice mayor or acting mayor may also sign said checks or vouchers. (Ord. No. 933, §§ 1, 2, 5-23-75) Sec. 9-5. Expenses of council members —Approval of out-of-pocket expenses. City councilmen may be reimbursed for out-of-pocket expenses incurred in furtherance of city business; provided, however, any councilman desiring to be reimbursed for out-of-pocket expense must first prepare and turn in to the city clerk a voucher setting forth the amount of money expended, purpose for the money expended and the nature of the city business; provided further, no reimbursement shall be made to any city councilman for out-of-pocket expenses unless and until said voucher has been first approved by the city council. (Ord. No. 691, § 1, 7-19-71) Edgewater, Florida, Code of Ordinances (Supp. No. 27) Created: 2022-08-28 11:05:58 [EST] Page 2 of 8 Sec. 9-6. Same —Approval of mileage reimbursement. — Refer to Personnel Policies and procedures ; Wed, any eewneiknaR desiFing te be Feimhursed fer mileage must have wsed his Awn wehiele a ve-H.CCheF a;;Rd- suh-MMt the Same te the emty e!eF!( setting fe-4h the Mileage and the date and- the d-e-SAMnatmen and the natwe of the city WSiRess; previded furtheF, ne reirnbursernent shall be allowed any ceundirnan unless (Ord No coy § 2, 7 10 71) Sec. 9-7. Travel and per diem expenses. — Refer to Personnel Policies and procedures _(a) Qe#nitiens. PeF the pwpese ef this seetwen, the following weFds and phFases, whein useed- in this , Shall, f9F the p6lFpese ef this sectien, have th- _,peetively aseFibed- te them On this seetieR, except where the ceRtext etherwmse (1) Auther-4ed pexsen wear: a. A peFSOR etheF thaR a publie officer or employee as defiRed hereiR, whether elect .,.-f..r.v.-,nee of his/heF effirial .JAwes G. A peFsen h i r J Imo+ f.,r an P_Xeeutive . Fefessi Ral . +i (Supp. No. 27) Created: 2022-08-28 11:05:58 [EST] Page 3 of 8 Secs. 9-8-9-19. Reserved. (Supp. No. 27) ARTICLE 11. PURCHASE AND SALE PROCEDURE' Created: 2e22-e8-28 11:05:58 [EST] Page 4 of 8 PART II - CODE OF ORDINANCES Chapter 9 - FINANCE ARTICLE II. PURCHASE AND SALE PROCEDURE 2Editor's note(s)—Ord. No. 96-0-03, Pt. A, adopted April 15, 1996, amended § 9-20 to read as herein set out and Pts. B—I repealed, respectively, §§ 9-21-9-28; said sections, from which this Art. II was compiled, pertained to purchase and sale procedure and derived from Prd/ Mp/ 677, §§ 1, 2 adopted Jan. 4, 1971; Ord. No. 981, §§ 2-7, adopted Aug. 1, 1977; and Ord. No. 85-0-1, §§ 1, 2, adopted Jan. 21, 1985. Edgewater, Florida, Code of Ordinances (Supp. No. 27) Created: 2022-08-28 11:05:58 [EST] Page 5 of 8 Sec. 9-20. Purchasing regulations. Purchasing regulations shall be established by resolution of the city council and shall be binding on the city council and all agencies, boards, committees, departments, and employees responsible to the city council. (Ord. No. 96-0-03, Pt. A, 4-15-96) Secs. 9-21-9-24. Reserved. ARTICLE III. ADDITIONAL HOMESTEAD EXEMPTION FOR SENIOR CITIZENS Sec. 9-25. Authority and purpose. This article is adopted pursuant to the specific authority of section 6(f), article VII of the Florida Constitution, and F.S. § 196.075; and the city's broad home rule powers granted by F.S. ch. 166 and the city's Charter. The purpose of the senior homestead exemption shall be to provide an additional ad valorem tax exemption to reduce the burden of taxation for senior residents with limited financial income. (Ord. No. 2000-0-21, Pt. A, 9-25-00) Sec. 9-26. Definitions. For purposes of this article, the following words, terms and phrases, as used in herein, shall have the meanings ascribed to them, unless the context clearly indicates otherwise; City means the City of Edgewater, Florida. Department of Revenue means the state department of revenue for the State of Florida. Household means a person or group of persons living together in a room or group of rooms as a housing unit, but the term does not include persons boarding in or renting a portion of the dwelling. Household income means the adjusted gross income, as defined in section 62 of the United States Internal Revenue Code, of all members of a household. May is permissive when used herein. Property appraiser means the Volusia County Property Appraiser. Shall is mandatory when used herein. Sixty-five years of age means a person who has attained the age of 65 prior to January 1 of the tax year for which the additional homestead exemption is sought. (Ord. No. 2000-0-21, Pt. A, 9-25-00) Sec. 9-27. Entitlement to additional homestead exemption. (a) Any person 65 years of age or older and who has legal or equitable title to real estate located within the city and who maintains thereon his or her permanent residence, and which residence qualifies for and receives homestead exemption pursuant to section 6(a), article VII of the Florida Constitution and whose adjusted (Supp. No. 27) Created: 2022-08-28 11:05:58 [EST] Page 6 of 8 gross income of the household does not exceed $20,000.00 shall be entitled to make application for an additional homestead exemption of $25,000.00 as provided in this article. (b) The additional homestead exemption, if granted, shall be applicable to all ad valorem tax millage rates levied by the city; and, if applicable, shall be subject to the provisions of F.S. §§ 196.131 and 196.161. If title to the property is held jointly with right of survivorship, the person residing on the property and otherwise qualifying for the additional homestead exemption may receive the entire amount of the additional homestead exemption provided herein. (c) The additional homestead exemption provided herein shall be available to qualified persons beginning with the year 2001 tax roll upon submission of the appropriate forms from the Florida Department of Revenue. (Ord. No. 2000-0-21, Pt. A, 9-25-00) Sec. 9-28. Annual adjustment of income. Beginning January 1, 2001, and continuing every January 1 thereafter, the $20,000.00 income limitation shall be automatically adjusted by the percentage of change in the average cost -of -living index in the period of January 1 through December 31 of the prior year as compared to the same period for the year prior to that year. As used herein, the term "index" shall be the average of the monthly consumer -price index figures for the stated 12-month period, for the United States as a whole, issued by the United States Department of Labor. (Ord. No. 2000-0-21, Pt. A, 9-25-00) Sec. 9-29. Requirements for claiming additional homestead exemption. (a) Every person claiming the additional homestead exemption pursuant to this article must file an application with the Volusia County Property Appraiser no later than March 1 of each year for which such exemption is claimed. The application shall be on a form prescribed by the Florida Department of Revenue and shall include a sworn statement of household income for all members of the household. On or before June 1 of each year, each applicant must file supporting documentation with the property appraiser, including copies of all federal income tax returns, wage and earning statements (W-2 forms), and such other documentation as may be required by the property appraiser, including documentation necessary to verify the income received by all members of the household for the prior year. The applicant's statement shall attest to the accuracy of all documentation provided, and the property appraiser shall not grant the exemption without the required documentation. (b) Failure to file the application and sworn statement by March 1 or failure to file the required supporting documentation by June 1 of any given year shall constitute a waiver of the additional exemption privilege for that year. (Ord. No. 2000-0-21, Pt. A, 9-25-00) Sec. 9-30. Notice requirements. The city clerk shall, prior to December 1, 2000, provide a copy of the ordinance approving this article to the Volusia County Property Appraiser and, in the event this article is subsequently repealed, notification of such repeal shall be provided to the Volusia County Property Appraiser no later than December 1 of the year prior to the year in which the homestead exemption provided herein expires. (Ord. No. 2000-0-21, Pt. A, 9-25-00) (Supp. No. 27) Created: 2022-08-28 11:05:58 [EST] Page 7 of 8 Secs. 9-31-9-35. Reserved. (Supp. No. 27) Created: 2022-08-28 11:05:58 [EST] Page 8 of 8 I GEWATER File #: 2023-R-08, Version: 1 City of Edgewater Legislation Text COUNCIL AGENDA ITEM SUBJECT: Resolution No. 2023-R-08; June Amended Budget for Fiscal Year 2022-2023 DEPARTMENT: Finance 104 N. Riverside Drive Edgewater, FL 32132 SUMMARY: The City Manager and staff performed an extensive mid -year review of the revenue and expenditure figures for each fund to compare the current amounts with the amount budgeted. In addition, a review of department operating needs and various projects as well as the acceptance and updates for various grants. The City Council of the City of Edgewater amends the Fiscal Year 2022-2023 budget by revising the budget in total pursuant to itemizations contained in Exhibit "A" of the resolution. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ® Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No. 2023-R-08 and authorization to procure all items detailed in the mid -year budget in accordance with the Purchasing Policy. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM RESOLUTION 2023-R-08 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING BUDGET ADJUSTMENTS TO THE 2022-2023 FISCAL YEAR BUDGETS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, by Resolution 2022-R-23, adopted an operating budget for Fiscal Year 2022-2023; and WHEREAS, the City of Edgewater, by Resolutions 2022-R-36 and 2023-R-01 amended the adopted operating budget for Fiscal Year 2022-2023 for open projects, encumbrances and an internal loan; and WHEREAS, the budget adjustments will allow the City of Edgewater to adjust the Fiscal Year 2022-2023 budget and increase revenues and expenditures in total pursuant to itemizations contained in Exhibit "A" which is attached hereto and incorporated herein; and NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida. Section 1. June Budget Adjustment: The City Council of the City of Edgewater amends the Fiscal Year 2022-2023 budget by revising the budget in total pursuant to itemizations contained in Exhibit "A" which is attached hereto and incorporated herein. Section 2. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND DULY ADOPTED this day of , 2023. ATTEST: Bonnie Zlotnik, CMC, City Clerk REVIEWED AND APPROVED: Diezel Depew, Mayor Aaron R. Wolfe, City Attorney EXHIBIT A JUNE AMENDED FY 2022 - 2023 BUDGET REVENUES AND EXPENSES 001 -GENERAL FUND 115 - SPECIAL LAW ENFORCEMENT TRUST FD 116 - TRANSPORTATION IMPACT FEE 117 - POLICE IMPACT FEE FUND 118 - FIRE IMPACT FEE FUND 119 - RECREATION IMPACT FEE 120 - SCHOLARSHIP FUND 122 - TREE MITIGATION FUND 125 - EDGEWATER CRA 127 - ARPA ECONOMIC IMPACT FUND 205 - 1 & S DEBT SERVICE FUND 331 - CAPITAL PROJECTS FUND 440 - WATER & SEWER 442 - WATER DEVELOPMENT 443 - SEWER DEVELOPMENT 444 - RENEWAL & REPLACEMENT 447 - SOLID WASTE 448 - STORMWATER OPERATING 449 - STORMWATER CAPITAL PROJECTS 450 - PUBLIC WORKS COMPLEX 501 - MIS 502 - FLEET 503 - LOSS FUND 504 - FULLY INSURED INSURANCE 505 - WORKERS COMPENSATION TOTAL ALL FUNDS CURRENT Proposed AMENDED APPROVED REVENUE EXPENSES $ 25,213,323 $ 28,663,704 $ 28,663,704 $ $ - $ 59,386 $ 59,386 $ $ 50,000 $ 89,000 $ 89,000 $ $ 331,951 $ 331,951 $ 331,951 $ $ 9,000 $ 10,000 $ 10,000 $ $ 30,000 $ 30,500 $ 30,500 $ $ 495,893 $ 495,893 $ 495,893 $ $ 2,500,000 $ 5,471,341 $ 5,471,341 $ $ 435,205 $ 435,205 $ 435,205 $ $ 5,789,173 $ 6,102,373 $ 6,102,373 $ $ 24,844,445 $ 24,873,145 $ 24,873,145 $ $ 12,911,440 $ 12,911,440 $ 12,911,440 $ $ 12,042,600 $ 9,724,793 $ 9,724,793 $ $ 6,031,564 $ 19,955,801 $ 19,955,801 $ $ 4,112,990 $ 17,962,227 $ 17,962,227 $ $ 932,800 $ 1,062,475 $ 1,062,475 $ $ 1,191,623 $ 1,231,623 $ 1,231,623 $ $ 1,721,631 $ 1,771,844 $ 1,771,844 $ $ 492,708 $ 492,708 $ 492,708 $ $ 3,419,615 $ 3,419,615 $ 3,419,615 $ $ 344,888 $ 344,888 $ 344,888 $ Recommended Amendment 3,450,381 59,386 39,000 1,000 500 2,971,341 313,200 28,700 (2,317,807) 13,924,237 13,849,237 129,675 40,000 50,213 $ 102,900,849 $ 135,439,912 $ 135,439,912 $ 32,539,063 Description Amount Funds Identified Acct Description Hurrican Ian damages - various departments 112,750 112,750 FEMA Impact fee Study - split GF 70% / W&S 30% 48,300 14,197,765 14,197,765 CDBG-MIT Grant PD - Faro Traffic Homicide & Crime Scene System 65,985 59,386 Trf. From Pol. Impact fd Traffic signal - high school 38,790 50,213 50,213 trf from GF Insurance deductibles - auto accidents 35,409 PD staffing analysis 35,000 May Council meeting PD Truck rental 9,325 Grant for Florida bicycle/pedestrian focussed initiative 3,400 Foreclosure 1859 Pine Tree 25,000 Fire - Submersible Hurst Cutter 39,000 39,000 Fire House Subs Grant Additional Ambulance - Not yet Awarded 425,000 387,000 Grant Ambulance Repair - Partial Insurance 50,213 47,084 Insurance proceeds Land Purchase 2,663,841 2,663,841 tfr from ARPA reduce Trfr to Cap. Proj. for CC building (252,000) YMCA City Match 118,368 Transfer to IT for vehicle (80GF/20W&S) 32,000 prior year appropriation 141,320 prior year approppriation Total General Fund 3,450,381 3,450,381 Trfr to GF for Faro 59,386 59,386 prior year approppriation Total Police IMPACT Fund 59,386 59,386 Zoll Cardiac Monitor/Defibrillator 39,000 39,000 Fire Impact Fees Total Police IMPACT Fund 39,000 39,000 Carryforward for PY scholarship 1,000 1,000 prior year approppriation Scholarship Fund 1,000 1,000 Replacement trees for stormwater prj. 500 500 prior year approppriation Tree Mitigation Fund 500 500 Trfr to Cap. Proj. for CC building 252,000 252,000 prior year approppriation Trfr to Cap. Proj. for CC building 55,500 55,500 prior year approppriation Trfr to GF for Land Purchase 2,663,841 2,663,841 prior year approppriation Total ARPA ECONOMIC IMPACT Fund 2,971,341 2,971,341 Correct transfer for CC building - (252,000) transfer from GF Correct transfer for CC building - 252,000 transfer from 127 fund Increase to CC building project estimat 55,500 55,500 transfer from 127 fund Reduce HLMP for prior year accrual (154,473) (154,473) Reduce HLMP grant YMCA - increase grant budget 293,805 293,805 FEMA Grant YMCA - increase City Match 118,368 118,368 Trf GF - City Match Total Capital Projects Fund 313,200 313,200 Impact fee Study - split GF 70% / W&S 30% Transfer to IT for vehicle (80GF/20W&S) Total Water & Sewer Fund Hurrican Ian reduction to Debris PO Total Solid Waste Fund Vulnerability Assessment Remove New Hampshire project - Grant was not awarded Net project close to cover Hart Ave. extra cost Reduce Grant revenue awarded for Hart G2 -G11 canal project - Grant Admin. cost G2 -G11 canal project - Grant Admin. other project cost CDBG-MIT Grant Admin. Service G2 -G11 canal Total Stormwater Fund G2 -G11 canal project - Grant Admin. cost G2 -G11 canal project - Grant Admin. other project cost CDBG-MIT Grant Admin. Service G2 -G11 canal Reduction for project close out Total Stormwater Capital Projects Fund Increase to Schenkel & Shultz, PO Public Works Complex Fund Vehicle for IT Information Technology Fund Repairs to Ambulance Fleet Fund Total All Funds 20,700 20,700 prior year approppriation 8,000 8,000 prior year approppriation 28,700 28,700 (2,317,807) (2,317,807) FEMA (2,317,807) (2,317,807) 75,000 75,000 GRANT funded (779,000) (779,000) GRANT was not awarded (169,428) (157,872) prior year approppriation - (11,556) prior year approppriation 499,900 499,900 CDBG-MIT Grant 14,197,765 14,197,765 CDBG-MIT Grant 100,000 100,000 City Match -CDBG-MIT Grant 13,924, 237 13,924, 237 499,900 14,197,765 100,000 (948,428) 13,849,237 transfer from 448 13,849, 237 13,849, 237 129,675 129,675 prior year approppriation 129,675 129,675 40,000 40,000 trf from various 40,000 40,000 50,213 50,213 trf from GF 50,213 50,213 32,539,063 32,539,063 I GEWATER File #: 2023-R-09, Version: 1 City of Edgewater Legislation Text COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: Resolution No. 2023-R-09; Authorizing the City Council to participate in a joint meeting with the City of New Smyrna Beach City Commission and the City of Oak Hill City Commission to discuss matter of mutual interest related to economic development in southeast Volusia DEPARTMENT: City Clerk SUMMARY: The Southeast Volusia Chamber of Commerce Economic Development Committee is coordinating and facilitating a Regional Economic Development Summit to include the councils/commissions of Edgewater, New Smyrna Beach, and Oak Hill. The objective of this initiative is to allow the opportunity to discuss the benefits of a regional coordinated approach and to prioritize the economic development initiatives for the region. Florida Statutes allows for municipal governing bodies to meet jointly to receive, discuss, and act upon matters of mutual interest provided the time and place of such meeting is prescribed by Ordinance or Resolution. Previous meetings were held on May 17, 2021 and February 24, 2022. The upcoming meeting is scheduled for June 14, 2023, at 9:00 am at the Brannon Center located at 105 S. Riverside Drive, New Smyrna Beach, FL 32168. BUDGETED ITEM: ❑ Yes ❑ No M Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No M Not Applicable RECOMMENDED ACTION: Motion to approve Resolution 2023-R-09 City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM RESOLUTION NO.2023-R-09 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA; AUTHORIZING THE CITY COUNCIL TO PARTICIPATE IN A JOINT MEETING WITH THE CITY OF NEW SMYRNA BEACH CITY COMMISSION AND THE CITY OF OAK HILL CITY COMMISSION TO DISCUSS MATTER OF MUTUAL INTEREST RELATED TO ECONOMIC DEVELOPMET IN SOUTHEAST VOLUSIA; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE, AND ADOPTION. WHEREAS, Pursuant to Article VII, §2 of the Florida Constitution the City of Edgewater has governmental, corporate and proprietary powers to conduct municipal government; and WHEREAS, Section 166.0213, Fla. Stat. titled Governing Body meetings establishes the following; (2) "The governing body of a municipality may hold joint meetings to receive, discuss, and act upon matters of mutual interest with the governing body of the county within which the municipality is located or the governing body of another municipality at such time and place as shall be prescribed by ordnance or resolution." WHERAS, Section 166.0213 Fla. Stat. requires the time and place of a joint meeting with another municipality shall be prescribed by ordinance or resolution. NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida: Section 1. The whereas clauses are incorporated herein. Section 2. Pursuant to Section 166.0213, Fla Stat., The City of Edgewater, Florida is authorized to participate in a joint meeting of the City of New Smyrna Beach City Commission and the City of Oak Hill City Commission for the purpose of discussing the mutual interest related to economic development in Southeast Volusia. Section 3. The meeting will occur on June 14, 2023 at 9:00 AM at the Brannon Center located at 105 S. Riverside Dr. New Smyrna Beach, FL 32168. Section 4. Notice of this meeting shall be duly advertised and official minutes shall be taken. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or 2023-R-09 1 any provisions thereof shall be held to be inapplicable to any person, property, or circumstances. Section 7. This Resolution shall take effect upon adoption. PASSED AND DULY ADOPTED this day of , 2023. ATTEST: Bonnie Zlotnik, CMC, City Clerk REVIEWED AND APPROVED: Diezel Depew, Mayor Aaron R. Wolfe, City Attorney 2023-R-09 2 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 EDGEWATER I" Legislation Text File #: 2023-R-10, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Resolution No. 2023-R-10: Authorization for the Mayor and City Manager to execute an Agreement with East Central Florida Regional Planning Council to prepare a Vulnerability Assessment and Adaptation Action Plan for the City of Edgewater according to the terms of the FDEP Resilient Florida Grant DEPARTMENT: Environmental Services WMMARY: The City of Edgewater was awarded a grant in the amount of $75,000 by the State of Florida Department of Environmental Protection through their Resilient Florida program towards performing a comprehensive Vulnerability Assessment (VA) and developing an associated Adaptation Action Plan (AAP). City Council accepted this grant at their March 6, 2023 meeting and the agreement was countersigned by FDEP on April 6, 2023. The East Central Florida Regional Planning Council (ECFRPC) has prepared Vulnerability Assessment and Adaptation Action Plans for multiple nearby Cities since the enactment of the Resilient Florida Grant Program per Section 380.093 F.S. in 2021. The ECFRPC has offered to prepare the VA and AAP for the City of Edgewater under the terms of the subject agreement which are compliant with the terms of the FDEP grant. The ECFRPC is a governmental agency, created under Section 186.504 Florida Statutes (F.S.) for the purpose of regional comprehensive planning, designated as serving the Counties of Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia per Section 186.512(e) F.S. Pursuant to Section 287.057(3)(e)(12) F.S., contracted services and commodities not subject to the competitive -solicitation requirements include services or commodities provided by governmental agencies. Therefore, no separate solicitation is required to enter into the subject agreement with ECFRPC. The Vulnerability Assessment (VA) will identify critical governmental assets at risk from sea -level rise and associated flooding evaluated with storm surge and rainfall conditions of 100yr intensity or higher. There is a requirement to use the 2017 NOAA projections for four (4) scenarios of sea -level rise, which for Edgewater are summarized below: 2017 NOAA Sea -Level Year 2040 Year 2070 Projections Local Scenario: Daytona Beach, FL Model Year & Confidence Level Intermediate -Low 1 +0.62 ft +1.12 ft Intermediate -High 1 +1.41 ft +3.22 ft City of Edgewater Page 1 of 2 Printed on 5/22/2023 powered by LegistarTM File #: 2023-R-10, Version: 1 (Source: <https:Hcoast.noaa.gov/slr/>) The VA & AAP will include the following components, as listed on pages 19-23 of the Agreement document: 1. Public Outreach - to prioritize focus areas of flooding, minimum 2 meetings 2. Critical Asset Inventory - identify which flood scenario impacts each asset a. transportation facilities, b. wastewater & water treatment facilities, c. communication infrastructure, d. emergency operation centers, e. law enforcement facilities, f. government buildings, g. public works assets, h. waste and debris management facilities, i. community support assets, j. and other critical infrastructure 3. Acquire Background Data - GIS and topographic data, flood scenario data, storm surge equal or greater than 100yr flood event. 4. Survey for Elevation Certificates - Create or update survey -quality elevation certificates for all critical assets 5. Exposure Analysis - Model to determine the depth of water for each sea -level / flood / storm surge scenario 6. Sensitivity Analysis - Evaluate the degree of impact of flood severity on each asset class at each flood scenario 7. Adaptation Plan - follow the Florida Adaptation Planning Guidebook a. Assess adaptive capacities b. Prioritize adaptation needs c. Identify adaptation strategies d. List prioritized projects for each asset class e. <https:Hfloridadep.gov/rcp/florida-resilient-coastlines-program/documents /adaptationplanningguidebook> 8. Final Vulnerability Assessment Report, Maps, and Tables - Assemble all above. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No. 2023-R-10. City of Edgewater Page 2 of 2 Printed on 5/22/2023 powered by LegistarTM RESOLUTION NO. 2023-R-10 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL REGARDING THE PROVISION OF SERVICES TO CONDUCT A VULNERABILITY ASSESSMENT, PREPARE COMPREHENSIVE PLAN AMENDMENTS TO UPDATE THE "PERIL OF FLOOD" OBJECTIVES AND POLICIES, AND PREPARE A RESILIENCY ACTION PLAN FOCUSED ON YEARS 1-5, PURSUANT TO THE WORK PLAN IDENTIFIED IN THE FLORIDA RESILIENT COASTLINE PROGRAM GRANT AGREEMENT BETWEEN THE CITY AND THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PAYMENT THEREFOR; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY AND INCIDENTAL THERETO; AND SETTING FORTH AN EFFECTIVE DATE. WHEREAS, the City was awarded a Florida Resilient Coastline Program Grant from the Florida Department of Environmental Protection (FDEP) for funding to assist in conducting a Vulnerability Assessment in compliance with Section 380.093, Florida Statutes; preparing Comprehensive Plan amendments in compliance with Section 163.3178, Florida Statutes; and preparing a Resiliency Action Plan focused on years 1-5, consistent with the City's Comprehensive Plan and the East Central Florida Regional Resiliency Action Plan ("the Project"), and WHEREAS, the City's professional staff has recommended the execution of an agreement with the East Central Florida Regional Planning Council (ECFRPC), attached hereto and incorporated herein by reference as "Exhibit A", to perform the work plan tasks as identified in the grant agreement between the City and FDEP, and WHEREAS, ECFRPC is considered a governmental agency pursuant to Section 186.504, Florida Statutes, as the one regional planning council per comprehensive planning district, and Section 186.512, Florida Statutes, designating the Planning Council district 2023-R-10 1 boundaries, including Volusia County, and WHEREAS, pursuant to Section 287.057(3)(e)(12), Florida Statutes, contracted services and commodities not subject to the competitive -solicitation requirements include services or commodities provided by governmental agencies, and WHEREAS, ECFRPC has the required background knowledge and expertise to assist the City in completing the work plan tasks identified in the grant agreement between the City and FDEP, and WHEREAS, FDEP will provide grant funds representing 100% of funding for the Project in the amount of $75,000, and NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida: Section 1. The Mayor and the City Manager are hereby authorized and directed to execute an agreement with the East Central Florida Regional Planning Council for the performance of the Project at the said price, and to pay the cost thereof using grant funds from the Florida Department of Environmental Protection. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution 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. Section 4 This Resolution shall take effect upon adoption. 2023-R-10 2 PASSED AND DULY ADOPTED this day of 12023. Diezel Depew, Mayor ATTEST: Bonnie Zlotnik, CMC, City Clerk REVIEWED AND APPROVED: Aaron R. Wolfe, City Attorney 2023-R-10 EXHIBIT "A" 2023-R-10 AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL REGARDING THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT THIS AGREEMENT, Between the City of Edgewater and East Central Florida Regional Planning Council regarding the State of Florida Department of Environmental Protection Grant to support the Resilient Florida Program pursuant to § 380.093, F.S. (hereinafter referred to as "Agreement") is made and entered into by and between the City of Edgewater, a Florida municipal corporation (herein after referred to as the "CITY" or "Grantee") with its administrative offices located at 104 North Riverside, Edgewater, Florida, 32132, and East Central Florida Regional Planning Council, a regional planning government agency of the State of Florida, with its principal address located at 455 N. Garland Ave, Orlando, Florida, 32801 (hereinafter referred to as the "ECFRPC", "Subgrantee" or "Subcontractor"), is made and entered into as of the date signed below (the "Effective Date"). RECITALS WHEREAS, public agencies (including CITY and ECFRPC) are authorized by § 163.01(14), Florida Statutes, to enter into contracts for the performance of service functions of such public agencies, but shall not be deemed to authorize the delegation of the constitutional or statutory duties of city officers. The parties expressly deny any intent, expressed or implied, in this Agreement to provide for a delegation by ECFRPC of such constitutional or statutory duties to CITY; and WHEREAS, pursuant to § 163.01(2), Florida Statutes, the foregoing authorization for such agreements is granted to counties and cities for the purpose of permitting local governments to make the most efficient use of their powers by enabling them to cooperate with the other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that shall accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, pursuant to §380.093 Florida Statutes, creating the Resilient Florida Program, the Florida Department of Environmental Protection (FDEP) is tasked with gathering a "Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and Assessment"; and WHEREAS, CITY has received a Florida Resiliency Grant in the amount of $75,000 to conduct a Vulnerability Assessment; and prepare an Adaptation Plan; and WHEREAS, pursuant to §287.057(3)(e)(12), Florida Statutes, contracted services and commodities not subject to the competitive -solicitation requirements include services or commodities provided by governmental agencies; and WHEREAS, ECFRPC is considered a governmental agency pursuant to § 186.504 as the one regional planning council per comprehensive planning district and § 18 6.5 12 designating the Planning Council district boundaries including Volusia County; and WHEREAS, ECFRPC has the required background knowledge and expertise to assist the CITY in completing the Work Plan tasks identified in the grant agreement with the Florida Department of Environmental Protection; NOW, THEREFORE, the parties agree and stipulate as follows: The foregoing recitals are hereby adopted as a material part of this Agreement. 2. PURPOSE. The purpose of this Agreement is for ECFRPC to assist CITY with conducting a Vulnerability Assessment; and preparing an Adaptation Plan consistent with § 163.01(2), Florida Statutes, Resilient Florida program. 3. GRANT. 3.1. The CITY is the grantee for the Grant consistent with the FDEP Standard Grant Agreement 22PLN24 ("Grant Agreement"), copies of which are attached hereto and incorporated herein as Exhibit A. ECFRPC agrees to serve as a subcontractor consistent with the Work Plan identified in Attachment 3 of the Grant Agreement. 3.2. ECFRPC bears sole responsibility for any and all expenses related to the performance of services as set forth in the Grant Agreement. ECFRPC is solely responsible for providing the CITY any and all documentation required for CITY to request reimbursement from FDEP, or designated agency, under the Grant Agreement, to wit: 3.2.1. Pursuant to paragraph 9.c. of Attachment 1 to the Grant Agreement. Reimbursement requests for payments to subcontractors must be substantiated to FDEP by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If FDEP determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to FDEP within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. Page 2 of 5 3.3. ECFRPC assumes sole responsibility for compliance with the terms and conditions of the Grant Agreement and shall reimburse the CITY for any costs and expenses attributed to non-compliance with the terms and conditions of the Grant Agreement within fifteen (15) days of CITY's written notification to ECFRPC. CITY may seek all available legal and equitable remedies against ECFRPC for its non-compliance with this Agreement or terms of the Grant Agreement. This sub -paragraph shall survive termination of the Agreement. 4. INSURANCE. 4.1. For the duration of the term of this Agreement, ECFRPC shall maintain insurance coverage of such types and with such terms and limits as set forth in the Grant Agreement. Proof of insurance shall be approved by CITY risk management prior to performance of any work. 5. RELATIONSHIP. 5.1. Nothing in this Agreement shall be interpreted to grant either party, or any contributing individual or entity, any ownership or leasehold interest, equitable or legal interest, privilege or right in property of the other. 6. EFFECTIVE DATE. 6.1. This Agreement shall take effect on the day which it is fully executed by both parties. 7. TERM. 7.1. This Agreement shall remain in full force and effect until such time that the terms, conditions and requirements of the Grant Agreement have been fulfilled and no longer govern the parties. The CITY may terminate this Agreement at any time for convenience upon written notice to ECFRPC. ECFRPC shall be compensated for all work completed prior to termination subject to the CITY's receipt of funds for that work from FDEP as set forth in paragraph 3 herein. 8. CONTROLLING LAW. 8.1. This Agreement is to be governed by the laws of the State 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. 9. AMENDMENT. Page 3 of 5 9.1. 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. 10. ENTIRE AGREEMENT. 10.1. This Agreement contains the entire agreement of the parties hereto, and no representations, inducements, promises or agreements oral or otherwise, between the parties not embodied herein, shall be of any force or effect. Any amendment of this Agreement shall not be binding upon the parties to this Agreement unless such amendment is in writing and executed by both parties to this Agreement. 11. NOTICES. TO CITY: City of Edgewater ATTN: Grant Manager 104 North Riverside Drive Edgewater, FL 32132 TO ECFRPC: East Central Florida Regional Planning Council ATTN: Executive Director 455 N. Garland Ave. Orlando, FL 32801 Page 4 of 5 CITY OF EDGEWATER By: Diezel DePew Mayor By: Glenn A. Irby City Manager STATE OF FLORIDA COUNTY OF VOLUSIA EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Lo Tara McCue Executive Director The foregoing was acknowledged before me this of June, 2023 by Diezel DePew and Glenn A. Irby, who are personally known to me and did not take an oath. The foregoing was acknowledged before me this personally known to me and did not take an oath. Notary Public, State of Florida of June, 2023, by Tara McCue, who is Notary Public, State of Florida Page 5 of 5 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Aereement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: City of Edgewater Vulnerability Assessment and Adaptation Action Plan 22PLN24 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: City of Edgewater Entity Type: Local Government Grantee Address: 104 N Riverside Drive, Edgewater, Florida 32132 FEID: 59-6000314 (Grantee) 3. Agreement Begin Date: Date of Expiration: 7/1/2021 6/30/2025 4. Project Number: Project Location(s): Volusia County (If different from Agreement Number) Project Description: The project will will conduct a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes and develop an Adaptation Plan for the City of Edgewater. 5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per Sources : $ 75,000.00 El State ❑Federal FY21-22 GAA Line #1707A $ 75,000.00 ❑ State ❑ Federal $ ❑ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 75,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Kayci Carter Name: Sandy Camp or successor or successor Address: Resilient Florida Program Address: City of Edgewater 2600 Blair Stone Road, MS235 1108 South Ridgewood Avenue Tallahassee, Florida 32399 Edgewater, Florida 32132 Phone: 850-245-8368 Phone: 386-410-3579 Email: Kayci.P.Carter@FloridaDEP.gov Email: scamp@cityofedgewater.org 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Z Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 1] Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements 1] Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https:/ffacts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): El Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 0 Additional Exhibits (if necessary): Exhibit F: Final Report Form, Exhibit G: Photographer Release Form, Exhibit H: Contractual Services Certification, Exhibit is Vulnerability Assessment Compliance Checklist Certification DEP Agreement No. 22PLN24 Rev. 10/25/22 8. The klowing information a) lies to re era Grants only and is identified in accordance with 2 CFR 200.331 (a) (i): Federal Award Identification Number(s) (FAIN): Federal Award Date to De�t: Total Federal Funds Dbli Tated b� this Agreement: Federal Awarding Agency: Award R&D? 0 Yes EIN/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begirt Date above or the last date signed below, ►vliichever is inter. l itV hf Friapi"".if-T. (A ulhorized.5ignamre) Date Signed bkeza� ❑e peW'i Mayor Priat Name and Title of Person Si nin m Department of Environmental Protection DEPAIZ MENT "& Secretary or Designee Eddy Bouxa, Program Management Director Print Name and Title of Person Si nin 1-:1 Additional signatures attached on separate page. 4/6/2023 Date Signed DEP Agreemc3ri No. 22PLN24 Rev. 10125M ORCP Additional Signatures DEP rant anager, Kayci Carter DEP QC Reviewer, Jeremy Jimenez Grantee may add additional signatures below, if needed. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 11/14/2022 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev. 11/14/2022 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateEnenditLires.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AAJVendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3of12 Rev. 11/14/2022 a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed -price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4of12 Rev. 11/14/2022 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. Attachment 1 5of12 Rev. 11/14/2022 b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6of12 Rev. 11/14/2022 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev. 11/14/2022 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, 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 Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list 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. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 11/14/2022 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section Attachment 1 9of12 Rev. 11/14/2022 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 27. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http:Hdos.myflorida.com/librga-archives/records-mana ee ment/general-records-schedules. 28. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs. com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Comminalin,a of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. Attachment 1 10 of 12 Rev. 11/14/2022 i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Attachment 1 11 of 12 Rev. 11/14/2022 Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 36. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 11/14/2022 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22PLN24 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is City of Edgewater Vulnerability Assessment and Adaptation Action Plan. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. N ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2 1 of 2 Rev. 8/19/2021 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed -price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Attachment 2 2 of 2 Rev. 8/19/2021 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22PLN24 ATTACHMENT 3 PROJECT TITLE: City of Edgewater Vulnerability Assessment and Adaptation Action Plan PROJECT LOCATION: The Project is located in the City of Edgewater within Volusia County, Florida. PROJECT DESCRIPTION: The City of Edgewater (Grantee) will conduct the City of Edgewater Vulnerability Assessment and Adaptation Action Plan Project (Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.) as well as develop an Adaptation Plan (AP). TASKS AND DELIVERABLES: Task 1: Public Outreach Meetings Description: The Grantee will conduct at least two public outreach meetings during the project. The purpose of the first meeting is to allow the public to provide input during the initial data collection stages, to include input on preferred methodologies, data for analyzing potential sea level rise impacts and/or flooding, guiding factors to consider, and critical assets important to the community. The purpose of the second meeting is to allow the public to provide community -specific input on the results of the analyses and to reconsider methodologies and assumptions used in the analysis for refinement. Additionally, during this meeting, the Grantee will conduct exercises to encourage the public to prioritize focus areas of flooding, and the critical assets in preparation for the development of adaptation strategies and project development. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: 1) meeting agendas to include location, date, and time of meeting; 2) meeting sign -in sheets with attendee names and affiliation (i.e. local stakeholder, resident, steering committee member, local government staff); 3) a copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable; 4) a copy of the file or weblink of the video or audio recording from the meeting, if applicable; and 5) a summary report including attendee input and meeting outcomes. Task 2: Critical Asset Inventory Description: The Grantee will identify all critical and regionally significant assets meeting the definitions in s. 380.093, F.S., that are impacted by flooding and sea level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: 1) a list or spreadsheet of critical and regionally significant assets that are impacted by flooding and sea level rise, prioritized by area or immediate need, DEP Agreement No.: 22PLN24 Page 1 of 5 Rev. 2.11.22 which contains the critical assets attributes required by Exhibit I and identifies which flood scenario(s) impacts each asset; and 2) GIS files and associated metadata. Task 3: Acquire Background Data Description: The Grantee will research and compile the data needed to perform the VA, based on the requirements as defined in s. 380.093, F.S. Three main categories of data are required to perform a VA, two of which will be addressed in this task: 1) topographic data, and 2) flood scenario -related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a) 1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA) intermediate -high and intermediate -low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low -quality information may limit the VA's extent or reduce the accuracy of the results. The Grantee shall rectify any gaps of necessary data. Deliverables: The Grantee will provide the following: 1) a technical report to outline the data compiled and findings of the gap analysis; 2) a summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable; and 3) GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a)1-4, F.S. Task 4: Survey for Elevation Certificates Description: The Grantee will obtain elevation certificates for critical assets that do not already have certificates or that require an updated elevation certificate. For critical and regionally significant assets identified in Task 2 that need an elevation certificate, a survey will be conducted to create an elevation certificate. All elevation certificates will be consistent with requirements from the Federal Emergency Management Agency pursuant to federal floodplain management regulation and will be completed by a Florida -registered Professional Surveyor and Mapper. The elevation certificates will be incorporated into the VA and AP. Deliverables: The Grantee will provide the following: 1) list of the critical and regionally significant assets where elevation certificates were completed, to include the address, asset type, and asset class information; and 2) documentation of transmittal of the copies of the Elevation Certificates submitted to the Florida Department of Emergency Management, as required by Section 472.0366(2), F.S. The completed elevation certificate documents must be signed and sealed by a Florida -registered Professional Surveyor and Mapper. Task 5: Exposure Analysis Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall -induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must DEP Agreement No.: 22PLN24 Page 2 of 5 Rev. 2.11.22 adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: 1) a draft VA report that provides details on the modeling process, type of models used, and resulting tables and maps illustrating flood depths for each flood scenario; and 2) GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. Task 6: Sensitivity Analysis Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Exposure Analysis Task. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset class and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. Deliverables: The Grantee will provide the following: 1) an updated draft VA report that provides details on the findings of the exposure analysis and the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on the statutorily -required scenarios and standards; and 2) a list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. Task 7: Adaptation Plan Description: The Grantee will complete an AP that is consistent with the Florida Adaptation Planning Guidebook and includes the following: assessment of adaptive capacities, prioritization of adaptation needs, and identification of adaptation strategies. The Grantee may also include optional subtasks such as identifying adaptation action areas, stakeholder engagement, and integrating the proposed AP into existing APs. The AP will also include a list of prioritized projects for each asset class as defined in subsection 380.093(2), F.S., for consideration and implementation. Deliverables: The Grantee will provide the final AP or Report. Task 8: Final Vulnerability Assessment Report, Maps, and Tables Description: The Grantee will finalize the VA report pursuant to the requirements in s. 380.093, F.S., and based upon the public outreach efforts. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks and assigned focus areas. It should contain a list of critical and regionally significant assets that are impacted by flooding and sea -level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: 1) Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily -required scenarios and standards in s. 380.093, F.S.; 2) a final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or DEP Agreement No.: 22PLN24 Page 3 of 5 Rev. 2.11.22 immediate need and must identify which flood scenario(s) impacts each asset.; 3) all electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata; and 4) a signed VA Compliance Checklist Certification. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Grantee must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within ten (10) working days. Upon written acceptance by the Department's Grant Manager of deliverables under the task, the Grantee may proceed with the payment request submittal. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently than quarterly and must be made using Exhibit A, detailing all work progress made during that payment request period, and Exhibit C. Upon the Department's receipt of Exhibit A and C, along with all supporting fiscal documentation and deliverables, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. DEP Agreement No.: 22PLN24 Page 4 of 5 Rev. 2.11.22 Task Task Title Budget DEP Match Total Task Start Task Due No. Category Amount Amount Amount Date Date 1 Public Outreach Contractual $1,500 $0 $1,500 7/1/2021 3/31/2025 Meetings Services Critical Asset Contractual $10,000 $0 $10,000 7/1/2021 3/31/2025 Inventory Services 3 Acquire Background Contractual $13,500 $0 $13,500 7/l/2021 3/31/2025 Data Services 4 Survey for Elevation Contractual $3,000 $0 $3,000 7/l/2021 3/31/2025 Certificates Services 5 Exposure Analysis Contractual $5,000 $0 $5,000 7/l/2021 3/31/2025 Services 6 Sensitivity Analysis Contractual $5,000 $0 $5,000 7/l/2021 3/31/2025 Services 7 Adaptation Plan Contractual Services $35,000 $0 $35,000 7/l/2021 3/31/2025 Final Vulnerability Assessment Report, Contractual $2,000 $0 $2,000 7/1/2021 3/31/2025 Maps, and Tables Services Total: $75,000 $0 $75,000 DEP Agreement No.: 22PLN24 Page 5 of 5 Rev. 2.11.22 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. 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 Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. serviceskfloridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https:Hsam.2ov/content/assistance-listings. Attachment 5 1 of 7 BGS-DEP 55-215 revised 11/8/2022 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at htlps:Hgpps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfml State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audge . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of7 BGS-DEP 55-215 revised 11/8/2022 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hLtp://harvester.census.gov/facweb/ Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP S ingleAuditkdep. state. fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditkdep. state.fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 7 BGS-DEP 55-215 revised 11/8/2022 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for -profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of7 BGS-DEP 55-215 revised 11/8/2022 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5, Exhibit 5 of 7 BGS-DEP 55-215 Revised 7/2019 Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following M hin Resources for Federal Pro rams: Federal Program A Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title Fundin Amount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program A State Awarding Agency State Fiscal Yearl CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Florida Department of Environmental Protection FY 21.22 37.098 Resilient Florida Programs 75,000 140078 State Program B State Awarding Agency State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award 1 $75,000 Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [hgps:Hsam.,aov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [hlWs:Hgpps.fldfs.com/fsaa/searchCatalog_aspxl, and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement[https://apps.fldfs.com/fsaa/state project compliance.aspx]. The ' Subject to change by Change Order. 2 Subject to change by Change Order. Attachment 5, Exhibit 1 6of7 BGS-DEP 55-215 Revised 7/2019 services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Attachment 5, Exhibit 7of7 BGS-DEP 55-215 Revised 7/2019 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 Sea Level Impact Projection Study Requirement. If the project is within the designated area, pursuant to Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published on the Department's website for at least thirty (30) days before construction can commence. This rule went into effect July 1, 2021, and applies to certain state -funded construction projects located in the coastal building zone as defined in the rule. 2. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 3. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as "508 Compliant," in all formats provided. 4. CoRyright, Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 5. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation, and settlement agreements. 6. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department's logo (which can be found on the Department's website at: https:Hfloridadej2.gov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the month and year of the publication. 7. Final Project Report. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. Rev. 2.9.23 Attachment 6 Page 1 of 2 8. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports (Exhibit A and F) that include photos. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category, the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement, prior to requesting payment that includes contractual services. 10. Vulnerability Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist Certification, with the final grant deliverable(s). 11. Geographic Information System (GIS) files and associated metadata. All GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (found on the Resilient Florida Program website: hgps:Hfloridadep gov/rcp/resilient-florida-pro,gram/documents/resilient-florida-program-eis-data- standards), and raw data sources shall be defined within the associated metadata. 12. State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SURF Reporting Requirements Form upon execution of the grant agreement. Rev. 2.9.23 Attachment 6 Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. bgps:Hfloridadep. �zov/Resilient-Florida-Program/Grants Exhibit C, Page 1 of 1 Rev. 12/02/ 19 EXHIBIT F DEP AGREEMENT NO.22PLN24 CITY OF EDGEWATER VULNERABILITY ASSESSMENT AND ADAPTATION ACTION PLAN City of Edgewater Final Project Report `OP pEPARy. O v O T Z Q FAO �MENTALQ�O Insert Month & Year This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 22PLN24 Page 1 5/ 12/2022 Part I. Executive Summary Part II. Methodology Part III.Outcome Include evaluation ofproject's ability to meet goals and expected performance measures and provide explanation for why goals were not met, if applicable. Identify successful outcomes, areas for improvement, and quantifiable metrics as a result of the project. Part IV. Further Recommendations Instructions for completing Attachment F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 22PLN24 Page 2 5/ 12/2022 °P DEPARTFlorida Department of Environmental Protection EXHIBIT G 2 Z �° t c0 PHOTOGRAPHER RELEASE FORM MENTAL ?V. FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 22PLN24 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: Phone Number: License and Indemnification State: Email: Zip: I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G, DEP Agreement #: 22PLN24 11/19/2021 Page 1 of 1 Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22PLN24 Project Title: City of Edgewater Vulnerability Assessment and Adaptation Action Plan Grantee: City of Edgewater Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I Required for all grant agreements. DEP Agreement Number: 22PLN24 Project Title: City of Edgewater Vulnerability Assessment and Adaptation Action Plan Grantee: City of Edgewater By signing this Vulnerability Assessment Compliance Checklist Certification (hereinafter "Checklist Certification") the Grantee certifies that, upon execution of the Agreement, it will have reviewed the statutory requirements for vulnerability assessments in subsection 380.093(3), F.S., and provided this signed Checklist Certification to the Department, which gives the Department of Environmental Protection (Department) partial assurance that any and all vulnerability assessments the Grantee may utilize for its individual project will adhere to the relevant statutory requirements in subsection 380.093(3), F.S., regardless of the party actually completing the work (e.g., subcontractors). To give the Department the remaining assurance it requires, the Grantee also certifies that it will deliver a fully completed and signed Vulnerability Assessment Compliance Checklist to the Department, in the form included in this exhibit, at a yet -to -be -determined time mutually agreed upon by both parties to this Agreement but prior to close out of the Grantee's individual project. The completed Vulnerability Assessment Compliance Checklist and this Checklist Certification will be joined and attached to the Agreement together as a single "Exhibit I." By signing below, I certify on behalf of the Grantee that the Grantee or its designee(s) will have reviewed the statutory requirements in subsection 380.093(3), F.S., prior to execution of the Agreement. I further certify on behalf of the Grantee that, prior to close out of the grant, either myself or the Grantee's designated grant manager will provide to the Department a Vulnerability Assessment Compliance Checklist form that has been fully completed in the manner described in this Checklist Certification. Grantee's Grant Manager Signature Exhibit I 1 of 4 Print Name Date Rev. 6/l/2022 VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida Program webpage at the link below: https://floridadeU gov/rcp/resilient-florida-programldocuments/resilient-florida-pro r is standards Part 1— Subparagraph 380.093(3)(c)2., F.S. Item Check if Page Reference 1 D Included Item Description in VA Report (if applicable) Final Vulnerability Assessment Report that provides details on a ❑ the results and conclusions, including illustrations via maps and tables. All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the Department's GIS Data Standards and include the following three 3 items: b p Geospatial data in an electronic file format. c ❑ GIS metadata. List of critical assets for each jurisdiction, including regionally d ❑ significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and must identify which flood scenarios impacts each asset Part 2 — Subparagraphs 380.093(3)(d)1. and 380.093(3)(d)2., F.S. Item Check if Page Reference ID Included Item Description in VA Report (if applicable) Peril of Flood Compliance Plan amendments developed that c ❑ address paragraph 163.3178(2)(f), F.S., if applicable. ❑ Not applicable ❑ Already in compliance f ❑ Depth of tidal flooding, including future high tide flooding, using thresholds published and provided by the Department. To the extent practicable, analysis geographically displays the ❑ number of tidal flood days expected for each scenario and planning horizon. (optional) Depth of current and future storm surge flooding using publicly ❑ available NOAA or FEMA storm surge data. (check one) ❑ NOAA data ❑ FEMA data ❑ Initial storm surge event equals or exceeds current 100-year flood event. ❑ Higher frequency storm analyzed for exposure of a critical asset. (optional, but must provide additional detail if included Exhibit I 2 of 4 Rev. 6/l/2022 To the extent practicable, rainfall -induced flooding was k ❑ considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if item e is not applicable) 1 ❑ Future boundary conditions have been modified to consider sea level rise and high tide conditions. (optional) In ❑ Depth of rainfall -induced flooding for 100-year storm and 500- ear storm event. (required if item a is not applicable) To the extent practicable, compound flooding or the n ❑ combination of tidal, storm surge, and rainfall -induced flooding. (optional) Part 3 — Subparagraph 380.093(3)(d)3., F.S. Item Check if Page Reference ID Included Item Description in VA Report (if applicable) o ❑ All analyses performed in North American Vertical Datum of 1988. Includes at least two local sea level rise scenarios, which must p ❑ include the 2017 NOAA intermediate -low and intermediate - high sea level rise projections. ❑ Includes at least two planning horizons, which must include q ears 2040 and 2070. r ❑ Utilizes local sea level data that has been interpolated between the two closest NOAA tide gauges. Local, publicly available, sea level data was taken from one of s ❑ the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level (f so, provide Department approval). Identify the Florida municipalities that are included in this Vulnerability Assessment: Exhibit I 3 of 4 Rev. 6/l/2022 I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature Exhibit I 4 of 4 Print Name Date Rev. 6/l/2022 City of Edgewater EDGEWATER Legislation Text File #: AR-2023-226, Version: 1 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: Economic Development Advisory Board Appointment - Councilwoman Bennington's appointment due to an open seat on the Board. DEPARTMENT: Economic Development SUMMARY: At the regular meeting of the Economic Development Advisory Board held on April 5, 2023, the board unanimously voted to recommend to the City Council, Mr. Enaris Inman with the South Campus of Daytona State College to be appointed to the Economic Development Advisory Board for a three-year term. BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Motion to appoint Mr. Enaris Inman to the Economic Development Advisory Board for a three-year term. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM CITY OF EDGEWATER CITY CLERK'S OFFICE 104 North Riverside Drive EuGEWATER Edgewater, Florida 32132 ADVISORY BOARD APPLICATION cityclerk@cityofedgewater.org Phone: (386) 424-2400 X 1102 FAX: (386) 424-2410 Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. Animal Control Board Library Board Construction Board of Adjustments & Appeals Firefighters Pension Board* Veterans Park Advisory Committee X Economic Development Board Members of the Boards with an asterisk (*) are PERSONAL INFORMATION Name Enaris Inman Address 940 10th Street, New Smyrna Beach, FL 32169 Home Phone E-Mail Address Enaris.lnman@Daytonastate.edu Occupation College Administrator Citizen Code Enforcement Board Police Pension Board* Recreation & Cultural Services Board Planning & Zoning Board School Scholarship Committee General Employee Pension Board* to file a Financial Disclosure form within 30 days of Business/Cell Phone 386-423-6301 Are you a resident of Edgewater? No how long NSA Is your principal place of employment in Edgewater? Yes Are you currently serving on a City Board? No Have you ever served on a City Board? No If yes, when and which Board? N/A REFERENCES — Please list three business and/or personal Dr. Erik D'Aquino, 1200 W. International Speedway Blvd, Daytona Beach, FL 32114, 386-506-3000 Name, address and phone Erin LeDuc, 1845 Holsonback Dr., Daytona Beach, FL 32117, 386-254-4675 Name, address and phone Al Bouie, P.O. Box 922, DeLand, FL 32721, 386-717-5590 Name, address and phone 1 EDUCATION High School Paxon School for Advanced Studies College University of Central Florida, Florida Atlantic University Degree(s) French (BA), Educational Psychology (M.Ed)., Higher Education Leadership (Ph.D. in progress) WORK EXPERIENCE See attached resume. INTEREST/ACTIVITIES Education, Culture and Fine Arts COMMUNITY INVOLVEMENT United Way of Volusia and Flagler Counties, Alpha Phi Alpha Fraternity, Inc. (Daytona Beach Alumni Chapter and Orlando Alumni Chapter) WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? To maintain and enhance the presence of Daytona State College in the Edgewater community by offering solutions for the growing economic and workforce demands. EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR Educator with nine years of experience, including 4 years in higher education/workforce development at Daytona State College. Community advocate for the downtrodden and advancement of the underserved. A resume or separate sheet with additional information may be included with your application. Please return application to the City Clerk's office. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. 02/28/2023 Applicant Signature Date OFFICE USE ONLY Date application received Date appointed to board Board appointed to Date resigned from board 2 I GEWATER File #: AR-2023-194, Version: 1 City of Edgewater Legislation Text COUNCIL AGENDA ITEM SUBJECT: Zoll® Cardiac Monitor/Defibrillator DEPARTMENT: Fire Rescue 104 N. Riverside Drive Edgewater, FL 32132 SUMMARY: This procurement of a Zoll® Cardiac Monitor/Defibrillator is requested, with a total cost of $38,880.20. The purchase will be funded by the Fire Impact Fees as designated in the Land Development Code Section 21-321. (FIRE PROTECTION AND EMS IMPACT FEES) This procurement is a capital improvement and will increase the capacity necessary from new development. The Zoll® Cardiac Monitor/Defibrillator will be assigned to the additional staffed ambulance. BUDGETED ITEM: ❑ Yes ® No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ® Yes ❑ No ❑ Not Applicable RECOMMENDED ACTION: Motion to approve of the purchase of the Zoll® Cardiac Monitor/Defibrillator utilizing fire protection and EMS impact fees. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM EDGEWATER FIRE RESCUE SERVICES "We Strive To Be The Best" 1605 South Ridgewood Avenue Edgewater, FL 32132 Jeffrey Lariscy, Fire Chief MEMORANDUM TO: Bridgette Vaissiere, Finance Director FROM: Jeff Lariscy, Fire Chief 0 SUBJECT: Sole Source Justification (Standardization) DATE: May 9, 2023 Edgewater Fire Rescue Services is requesting to purchase one Zoll® X Series cardiac monitor/defibrillator (12 lead ECG, Pacing, Sp02, SpCO, BVM, NIBP, CPR expansion Pack) along with other miscellaneous equipment associated with the cardiac monitor. (See attached quote.) Edgewater Fire Rescue has utilized Zoll® cardiac monitors for over 25 years. Purchasing the Zoll® X Series cardiac monitor/defibrillator will prevent the need for additional training alone with creating additional policies and procedures. Zoll® cardiac monitors are utilized by a majority of agencies in Volusia County, including EVAC Ambulance (VCEMS) and Volusia County Fire Rescue, for consistent emergency equipment. The use of standardized equipment is crucial for incidents that involve multiple agencies. Our records management software, by Zoll®, is also compatible with the requested ZolIV X Series cardiac monitor/defibrillator. This allows data transfer between the software system and the Zoll® X Series cardiac monitor/defibrillator. The City of Edgewater Finance Department EUGEWATER 104 Riverside Drive Edgewater, FL 32132 PURCHASING JUSTIFICATION FORM TO: Finance Department FROM: —Fire Rescue Dept. Subject - Purchase of: _ Zoll X Series Advanced Monitor/Defibrillator with miscellaneous supplies and attachments Requested Supplier —Contact: Zandra Evans City, State, Zip: Chelmsford, MA 01824-4105 Company: Zoll Medical Corporation Phone: (727)455-1484 Address: 269 Mill Road Estimated Cost: $ 38,880.20 Statement of Need: My recommendation for use of a Sole/Standardized/Proprietary Sourcing, Piggy - Back or Cooperative Contract is based upon an objective review of the product/service being required and appears to be in the best interest of the City. I know of no conflict of interest on my part or involved in any way with this request. No gratuities, favors or compromising actions have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials or firms been a deciding influence on my request justification for this purchase when there are other known suppliers to exist. Justification: Mark those that apply. ❑ 1. Sole source request is for the original manufacturer or provider; there are no regional distributors. (Attach the manufacturer's written certification that no regional distributors exist. Item 4 must also be checked). ❑ 2. Sole source request is for the only area distributor of the original manufacturer or provider. (Attach the manufacturers -not the distributors - written certification that identifies all regional distributors. Item 4 also must be checked). ❑ 3. The parts/equipment are not interchangeable with similar parts of another manufacturer. (Explain in separate memorandum and attach). ❑ 4. This is the only known item or service that will meet the specialized needs of this department or perform the intended function. (Attach memorandum with details of specialized function or application). X 5. The parts/equipment are required from this source to permit standardization. (Attach memorandum describing the basis for the standardization request). ❑ 6. A competitively bid contract is available to piggy -back, that is in the best interest of, meets the needs of and follows the City's terms and conditions is available. (attach originating contract) Originating Entity: Contract/Bid # ❑ 7. A competitively bid cooperative contract is available, that is in the best interest of, meets the needs of and follows the City's terms and conditions is available. (attach originating contract) Originating Entity: Contract/Bid # ❑ 8. None of the above applies. A detailed explanation and justification for this sole source request is contained in the attached memorandum. 1 attest that this requests meets the standards and intent Division Head Signature: Date: Department Director Signature: Date: 5/5/2023 Comments: —See attach m mo / Funding from Fire Impact Fees Finance Approval: Date: City Manager Approval: Date: ZOLL. Quote No: Q-12688 Version: 2 Edgewater Fire & Rescue 1605 South Ridgewood Avenue Edgewater, FL 32132 WillIE011T 1,73H IRI-R Dennis Meeske (386)424-2400 d meeske@cityofedgewater.org ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04.2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Quote No: Q-12688 Version: 2 Issued Date: May 5, 2023 Expiration Date: June 30, 2023 Terms: NET 30 DAYS FOB: Destination Freight: Free Freight Prepared by:Zandra Evans EMS Territory Manager zevans@zoll.com +1 7274551484 Item Contract Reference Part Number Description Qty List Price Adj. Price Total Price 1 1146055 601-2231111-01 X Series Advanced Monitor/Defibrillator -12-Lead 1 $52,644.00 $36,505.78 $36,605.78 ECG, Pacing, Sp02, SpCO, EtCO2, BVM, NIBP, CPR Expansion Pack Includes: TBI Dashboard, 4 trace tri-mode display monitort defibrillator/ printer, advisory algorithm, advanced communications package (Wi-Fi, Bluetooth, USB cellular modem capable) USB data transfer capable and large 6.5in ( 16.5cm) diagonal screen. Accessories Included: MFC cable and CPR connector, A/C power cord, One (1) roll printer paper, 6.6 Ah Li -ion battery, Operators Manual, Quick Reference Guide, and One (1)-year EMS warranty. Parameter Details: Real CPR Help - Dashboard display of CPR Depth and Rate for Adult and Pediatric patients, Visual and audio prompts to coach CPR depth (Adult patient only), Release bar to ensure adequate release off the chest, Metronome to coach rate for Adult and Pediatric patients. See-Thru 0 CPR artifact filtering • Interpretative 12-Lead ECG (Full 12 ECG lead view with both dynamic and static 12-lead mode display. 12-Lead OneStep ECG cable - includes 4-Lead limb lead cable and removable precordial 6-Lead set) • ZOLL Noninvasive Pacing Technology • Real BVM Help: Dashboard provides real-time ventilation feedback on both volume and rate for intubated and non-intubated patients. AccuVent Cable included. (Accuvent disposable sensors sold separately) • Welch Allyn NIBP with Smancuff. 10 foot Dual Lumen hose and Sure13P Reusable Adult Medium Cuff • Masimo SpO2 & SpCO with Signal Extraction Technology (SET), Rainbow SET® • EtCO2 Oridion Microstream Technology. Microstream tubing set sold separately 2 595423 REUSE-12-2MQ Welch Allyn REUSE-12-2MQ Cuff, Lg Adult, 2- 1 $63.00 $39.38 $39.36 Tube, Twist Lock connector 1 Page I of 3 ZOLL, Edgewater Fire & Rescue Quote No: Q-12688 Version: 2 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 FederalID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Item Contract Part Number Description Qty List Price Adj. Price Total Price Reference 3 1146055 REUSE-10-2MQ Welch Allyn REUSE-10-2MQ Cuff, Small Adult, 2- 1 $63.00 $43.05 $43.05 Tube, Twist Lock connector 4 595423 REUSE-09-2MQ Welch Allyn REUSE-09.2MQ Cuff, Child, 2-Tube, 1 $63.00 $39.38 $39.38 Twist Lock connector 5 1146055 REUSE-08-2MQ Welch Allyn REUSE-08.2MQ Cuff, Small Child, 2- 1 $63.00 143,01 $43.05 Tube, Twist Lock connector 6 1146055 8000-001392 Masimo rainbows RC-4 - 4FT, Reusable EMS 1 $299.00 $206.93 $206.93 Patient Cable 7 595423 8000-000371 rainbow® DCI® Sp02/SpC0/SpMet Adult 1 $1,029.00 $633.75 $633.75 Reusable Sensor with connector (3 ft) 8 595423 8000-0580-01 Six Hour Rechargeable, SurePower II Smart 2 $957.00 $371.25 $742.50 Battery 9 1146055 8000-000393-01 X Series Carry Case, Premium 1 $424.00 $587.00 $587.00 10 595423 REUSE-07-2MQ Welch Allyn REUSE-07.2MQ Cuff, Infant, 2-Tube, 1 $63.00 $39.38 $39.38 Twist Lock connector Subtotal: $38,880.20 Total: $38,880.20 Contract Reference Description 595423 Reflects County of Volusia 2016 pricing. Notwithstanding anything to the contrary herein, the terms and conditions that shall apply to this quote shall be those set forth in contract number: CW2222400 1146055 Reflects PSAI/Savvik 2021 contract Pricing. Notwithstanding anything to the contrary herein, the terms and conditions set forth in PSAI /Savvik Buying Group Contract No. 2021-06 shall apply to the customer's purchase of the products set forth on this quote. To the extent that ZOLL and Customer, or Customer's Representative have negotiated and executed overriding terms and conditions ("Overriding T's & C's"), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL's Standard Commercial Terms and Conditions ("ZOLL T's & C's") which for capital equipment, accessories and consumables can be found at https://www.zoll.com/about-zoll/invoice-terms-and-conditions and for software products can be found at htti)://www.zoll.com/SSPTC and for hosted software products can be found at http://www.zoll.com/SSHTC. Except in the case of overriding T's and C's, any Purchase Order ("PO") issued in response to this quotation will be deemed to incorporate ZOLL T's & C's, and any other terms and conditions presented shall have no force or effect except to the extent agreed in writing by ZOLL. 1. Delivery will be made upon availability. 2. This Quote expires on June 30, 2023. Pricing is subject to change after this date. 3. Applicable tax, shipping & handling will be added at the time of invoicing. 4. All purchase orders are subject to credit approval before being accepted by ZOLL. 5. To place an order, please forward the purchase order with a copy of this quotation to esales@zoll.com or via fax to 978-421-0015, 6. All discounts from list price are contingent upon payment within the agreed upon terms. 7. Place your future accessory orders online by visiting www.zollwebstore.com. Page 2 of 3 ZOLL, Edgewater Fire & Rescue Quote No: Q-12688 Version: 2 Order Information (to be completed by the customer) ] Tax Exempt Entity (Tax Exempt Certificate must be provided to ZOLL) ] Taxable Entity (Applicable tax will be applied at time of invoice) ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 FederalID# 04-2711626 Phone: (800) 348.9011 Fax: (978) 421-0015 Email: esales@zoll.com BILL TO ADDRESS SHIP TO ADDRESS Name/Department: Name/Department: Address: Address: City / State / Zip Code: City / State / Zip Code: Is a Purchase Order (PO) required for the purchase and/or payment of the products listed on this quotation? ] Yes PO Number: PO Amount: (A copy of the Purchase Order must be included with this Quote when returned to ZOLL) ] No (Please complete the below section when submitting this order) For organizations that do not require a PO, ZOLL requires written execution of this order. The person signing below represents and warrants that she or he has the authority to bind the party for which he or she is signing to the terms and prices in this quotation. Edgewater Fire & Rescue Authorized Signature: Name: Title: Date: Page 3 of 3 City of Edgewater EDGEWATER Legislation Text File M AR-2023-234, Version: 1 COUNCIL AGENDA ITEM SUBJECT: Fire Services Assessment Programs DEPARTMENT: Finance SUMMARY: Discussion on Fire Assessment for fiscal year 2024 BUDGETED ITEM: ❑ Yes ❑ No ® Not Applicable BUDGET AMENDMENT REQUIRED: ❑ Yes ❑ No ® Not Applicable RECOMMENDED ACTION: Council to provide consensus on Rates for Preliminary Fire Assessment. 104 N. Riverside Drive Edgewater, FL 32132 City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM City of Edgewater EDGEWATER Legislation Text File #: AR-2023-237, Version: 2 COUNCIL AGENDA ITEM 104 N. Riverside Drive Edgewater, FL 32132 SUBJECT: Agreement between the City of Edgewater, Florida and Bound Tree Medical, LLC for the purchase of EMS supply purchases. DEPARTMENT: Edgewater Fire Rescue SUMMARY: The City of Edgewater desires to piggy -back on a competitively bid contract between Seminole County and Bound Tree Medical, LLC for the purchase of EMS supplies. This is agreement would be a 3 year contract with 2 one year renewal options. BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REOUIRED: ❑ Yes ® No ❑ Not Applicable RECOMMENDED ACTION: A motion to approve the agreement between the City of Edgewater and Bound Tree Medical, LLC. City of Edgewater Page 1 of 1 Printed on 5/22/2023 powered by LegistarTM 9 TERM CONTRACT FOR EMS MEDICAL SUPPLIES AND RELATED COMPONENTS (IFB-604500-23/GCM) nQ THIS AGREEMENT is dated as of the UU day off0016 2023, by and between BOUND TREE MEDICAL, LLC, duly authorized to conduct business in the State of Florida, whose address is 5000 Tuttle Crossing Boulevard, Dublin, OH 43016, in this Agreement referred to as "CONTRACTOR", and SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 E. P' Street, Sanford, Florida 32771, in this Agreement referred to as "COUNTY". WITNESSETH: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide medical supplies and equipment to Seminole County; and WHEREAS, COUNTY has requested and received expressions of interest for the retention of services of contractors; and I WHEREAS, CONTRACTOR is competent and qualified to provide materials to COUNTY, and desires to provide materials according to the terms and conditions stated in this Agreement, NOW, THEREFORE, in consideration of the mutual understandings and covenants set. forth in this Agreement, COUNTY and CONTRACTOR agree as follows: Section 1. Materials. COUNTY hereby retains CONTRACTOR to provide materials as further described in the Scope of Services attached as Exhibit A and made a part of this Agreement. CONTRACTOR is also bound by all requirements as contained in the solicitation package, all addenda to this package, and CONTRACTOR's submission in response to this solicitation. Required materials will be specifically enumerated, described, and depicted in the Release Orders Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page I of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy^n ^�� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 1 of 27 RULI 1.411tr, purchase of specific materials. This Agreement standing alone does not authorize the purchase of materials or require COUNTY to place any orders for materials. Section 2. Term. This Agreement takes effect on the date of its execution by COUNTY and'continues for a period of three (3) years. At the sole option of COUNTY, this Agreement may be renewed for two (2) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement will have no effect upon Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered by both parties under such Release Orders will I remain in effect until delivery and acceptance of the materials authorized by the respective Release Order. The first three (3) months of the initial term are considered probationary. During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. II Section 3. Authorization for Materials. Authorization for provision of materials by CONTRACTOR under this Agreement must be in the form of written Release Orders issued and I executed by COUNTY. A sample Release Order is attached as Exhibit B. Each Release Order will 'describe the materials required, state the dates for delivery of materials, and establish the amount and method of payment. The Release Orders must be issued under and incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement. COUNTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so. Section 4. Time for Completion. The materials to be provided by CONTRACTOR will be delivered, as specified in such Release Orders as may be issued under this Agreement, within the ti I e specified in the Release Order. i Term Contract for EMS Medical Supplies and Related Components (1FB-604500-23/GCM) Page 2 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy 7�� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 2 of 27 Section 5. Compensation. COUNTY shall compensate CONTRACTOR for the materials provided for under this Agreement on a Fixed Fee basis at the rates as outlined in Exhibit : When a Release Order is issued on a Fixed Fee basis, then the applicable Release Order Fixed Fee amount will) include any and all reimbursable expenses and will be based on the unit pricing attached to this'Agreement, or as reduced in the quoting process leading to specific Release Orders. Section 6. Payment and Billing. (a) CONTRACTOR shall supply all materials required by the Release Order, but in no event will CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Release Order materials actually provided, but in no event may the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) COUNTY shall make payments to CONTRACTOR when requested as materials are provided, but not more than once monthly. Each Release Order will be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any materials provided, the cost of the materials provided, the name and address of CONTRACTOR, Release Order Number, Contract Number, and any other information required by this Agreement. (d) Submittal instructions for invoices are as follows: (1) The original invoice must be emailed to: AP@SeminoleCierk.org (2) The original invoice may also be mailed or delivered to: Director of County Comptroller's Office Seminole County Board of County Commissioners Term Contract for EMS Medical Supplies and Related Components (IFB-W500-23/GCM) Page 3 of 21 Certified Copy - Grant Maloy^n ^�� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 3 of 27 P.O. Box 8080 Sanford, FL 32772-8080 I (3) A copy of the invoice must be sent to: Seminole County Fire Department 150 Eslinger Way Sanford, FL 32773 i (e) Upon review and approval of CONTRACTOR's invoice, COUNTY shall pay CONTRACTOR the approved amount in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes. . Section 7. General Terms of Payment and Billing. (a) Upon satisfactory delivery of materials required under this Agreement and upon acceptance of the materials by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement less any amount already paid by COUNTY. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the term of this Agreement and after final payment to support final) payment under this Agreement. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for in this Section and the total compensation so determined will be used to calculate final payment to CONTRACTOR. Performance of this audit will not delay, final payment as provided by subsection (a) of this Section. (c) CONTRACTOR shall maintain all books, documents, papers, accounting records, and other evidence pertaining to materials provided under this Agreement in such a manner as will readily conform to the terms of this Agreement. CONTRACTOR shall make such materials available at CONTRACTOR's office at all reasonable times during the term of this Agreement Term Contract for EMS Medical Supplies and Related Components * (IFE"04500-23/GCM) Page 4 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy^n ^� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 4 of 27 and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment but within the period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section 8. No Waiver by Forbearance. COUNTY's review of, approval and acceptance of, or payment for the materials or services required under this Agreement does not operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONTRACTOR is and will always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the materials or services provided under this Agreement. Section 9. Termination. (a) COUNTY may, by written notice to CONTRACTOR, terminate this Agreement or any Release Order issued under this Agreement, in whole or in part, at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its obligations under this Agreement. Upon receipt of such notice, CONTRACTOR shall immediately discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries, and any and all such other information and materials of whatever type or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. i (b) If the termination is for the convenience of COUNTY, CONTRACTOR will be paid compensation for services performed to the date of termination. Terre Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 5 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy^«0 Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 5 of 27 (c) If the termination is due to the failure of CONTRACTOR to fulfill its obligations under this Agreement, COUNTY may take over the work and carry it to completion by other agreements or otherwise. In such case, CONTRACTOR will be liable to COUNTY for all reasonable additional costs associated with CONTRACTOR's failure to fulfill its obligations undI er this Agreement. I (d) CONTRACTOR will not be liable for such additional costs if the failure to perform the iAgreement arises without any fault or negligence of CONTRACTOR, but CONTRACTOR will be responsible and liable for the actions by its subcontractors, agents, employees, persons, and entities of a similar type or nature. Matters beyond the fault or negligence of CONTRACTOR include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually I severe weather, but in every case the failure to perform must be beyond the control and without any (fault or negligence of CONTRACTOR. (e) If after notice of termination for CONTRACTOR's failure to fulfill its obligations under this Agreement it is determined that CONTRACTOR had not so failed, the termination will be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjui tment in the Agreement price will be made as provided in subsection (b) of this Section. (f) The rights and remedies of COUNTY provided for in this Section are in addition and isuppiemental to any and all other rights and remedies provided by law or under this Agreement. Section 10. Conflict with Contract Documents. Wherever the terms of this Agreement conflict with any Release Order issued pursuant to it or any other contract documents, including proposals submitted by CONTRACTOR, this Agreement will prevail. For the avoidance of doubt, Tenn Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 6 of 21 I ------------------------------------------------------------------------ Certified Copy - Grant Malloy � �� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 6 of 27 proposals and any other documents submitted by CONTRACTOR are not incorporated into this I Agreement, unless expressly stated otherwise. Section 11. Equal Opportunity Employment. CONTRACTOR shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin. CONTRACTOR shall take steps to ensure thatapplicantsare employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision includes, but is not limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination' rates of a or other forms of compensation and selection for training i pay p g including apprenticesIhip. Section 12. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon i or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY will have the right to terminate the Agreement at its sole discretion without liability and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, i percentage, gift, or consideration. Section 13. Conflict of Interest. (a) CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY or violate or cause others to violate the provisions of Chapter 112, Part III, Florida Statutes, relating to ethics in government. Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 7 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy e Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller, eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 7 of 27 (b) CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY t has i any material interest (as defined in Section 112.312(15), Florida Statutes, as over 50/6), either directly or indirectly, in the business of CONTRACTOR to be conducted under this Agreement and, that no such person will have any such interest at any time during the term of this Agreement. Section 14. Assignment. Neither this Agreement nor any interest in it may be assigned, tra Ilsferred, or otherwise encumbered under any circumstances by either party without prior written consent of the other party and in such cases only by a document of equal dignity with this Agreement. Section 15. Subcontractors. CONTRACTOR shall first secure the prior written approval of COUNTY before engaging or contracting for the services of any subcontractors under this Agreement. CONTRACTOR will remain fully responsible to COUNTY for the services of any subci ntractors under this Agreement. Section 16. , Indemnification of COUNTY. To the fullest extent` permitted by law, CONTRACTOR shall hold harmless, release, and indemnify COUNTY, its commissioners, officers, employees, and agents from any and all claims, losses, damages, costs, attorney fees, and lawsuits for damages arising from, allegedly arising from, or related to- CONTRACTOR's provii sion of materials or services under this Agreement caused by CONTRACTOR's act or omission in the performance of this Agreement. Section 17. Insurance. (a) General. CONTRACTOR shall procure and maintain insurance required under this Section at CONTRACTOR's own cost. (1) CONTRACTOR shall provide COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Tenn Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 8 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Malloy ^n ^� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 8 of 27 Liability, Commercial General Liability, and Business Auto). The Certificate must have the Agreement number for this Agreement clearly marked on its face. COUNTY, its officials, officers, and employees must be named additional insureds under the Commercial General Liability, Umbrella Liability and Business Auto policies. If the policy provides for a blanket I additional insured coverage, CONTRACTOR shall provide a copy of the section of the policy along with the Certificate of Insurance. If the coverage does not exist, the policy must be endorsed to include the named additional insureds as described in this subsection. The Certificate of Insurance must provide that COUNTY will be provided, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation or non -renewal, or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. 1 (2) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall provide COUNTY with a I certified copy of each of the policies of insurance providing the coverage required by this Section withI in thirty (30) days after receipt of the request. Certified copies of policies may only be provided by the insurer, not the agent or broker. (3) Neither approval by COUNTY nor failure to disapprove the insurance provided by CONTRACTOR will relieve CONTRACTOR of its full responsibility for performance of any obligation, including its indemnification of COUNTY, under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: Term Contract'for EMS Medical'Supplies and Related Components (IFB-604500-23/GCM) Page 9 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy 77�� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 9 of 27 i (1) Companies issuing policies must be authorized to conduct business in the I. State of Florida and prove such authorization by maintaining Certificates of Authority or Letters of Eligibility issued to the companies by the Florida Office of Insurance Regulation. Altematively, policies required by this Agreement for Workers' Compensation/Employer's Liability, may be those authorized as a group self -insurer by Section 624.4621, Florida Statutes. (2) In addition, such companies must have and maintain, at a minimum, a Best's Rating of "A2' and a minimum Financial Size Category of "VII" according to A.M. Best Company. (3) If, during the period that an insurance company is providing the insurance coverage required by this Agreement, an insurance company (i) loses its Certificate of Authority, or (ii) fails to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall immediately notify COUNTY as soon as CONTRACTOR has knowledge of alny such circumstance and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insul r acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this Agreement. (c) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection, at CONTRACTOR's sole expense. Except as otherwise specified in this Agreement, the insurance will become effective upon execution of this Agreement by CONTRACTOR and must be maintained in force until the expiration of this Agreement's term or the expiration of all Orders issued under this Agreement, whichever comes last. Failure by CONTRACTOR to maintain this required insurance coverage within the stated period will constitute a material breach of this Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 10 of21 _ _ _ _y_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Certified Copy - Grant Maloy^n.,,`e Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 10 of 27 Agreement, for which COUNTY may immediately terminate this Agreement. The amounts and types of insurance must conform to the following minimum requirements: (1) Workers' Compensation/Employer's Liability. (A) CONTRACTOR's insurance must cover it for liability that would be covered by the latest edition of the standard Workers' Compensation policy as filed for use in Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR is also responsible for procuring proper proof of coverage from its subcontractors of every tier for liability that is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage must be included for the United States Longshoremen and Harbor Worker's Compensation Act, Federal Employee's Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation policy, there will be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Worker's Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy is required to be the following: $500,000.00 (Each Accident) $500,000.00 (Disease -Policy Limit) $500,000.00 (Disease -Each Employee) (2) Commercial General Liability. Term Contract for EMS Medical Supplies and Related Components (IFB-W4500-23/GCM) Page 11 of21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy ^n.".e Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 11 of 27 i (A) CONTRACTOR's insurance must cover it for those sources of liabllility that would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must not contain any endorsements excluding or limiting Products/Completed Operations, Contractual Liability, or Separation of Insureds. (B) CONTRACTOR shall maintain these minimum insurance limits: General Aggregate Two Times (2x) the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 Pollution Liability $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Liability Insurance with limits of not less than One Million and No/]00 Dollars ($1,000,000.00). (4) Business Auto Policy. (A) CONTRACTOR's insurance must cover CONTRACTOR for thos i sources of liability which would be covered by Section II of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the i Insurance Services Office. Coverage must include owned, non -owned, and hired autos or any auto used by CONTRACTOR. In the event CONTRACTOR does not own automobiles, CONTRACTOR shall maintain coverage for hired and non -owned auto liability for autos used by CONTRACTOR, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. If the contract involves operations governed by Sections 29 or 30 of the Motor Carrier Act of 1980, endorsement MCS-90 is required. (B) The minimum limits to be maintained by CONTRACTOR must be per-acicident combined single limit for bodily injury liability and property damage liability Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 12 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy� �� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 12 of 27 (C) The minimum amount of coverage under the Business Auto Policy is required to be the following: Combined Single Limit $1,000,000.00 (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement mug t apply on a primary and non-contributory basis, and any other insurance or self-insurance maintained by COUNTY or COUNTY's officials, officers, or employees must be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence Basis. The Workers' Compensation policy, the Commercial General Liability, and the Umbrella policy required by this Agreement must be provided on an occurrence rather than a claims -made basis. The Professional Liability insurance policy may be on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond to all claims reported within three 3 po ()years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) Obligations. Compliance with the foregoing insurance requirements will not relieve CONTRACTOR, its employees, or its agents of liability from any obligation under this Section or any other Section of this Agreement. Section 18. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties shall exhaust COUNTY administrative dispute resolution procedures prior to filing a lawsuit or otherwise pursuing legal remedies. COUNTY administrative i dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15; "Prompt Payment Procedures," Seminole County Administrative Code. COUNTY administrative dispute resolution procedures for contract claims related to this Agreement, other Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 13 of 21 1 ------------------------------------------------------------------------ Certified Copy - Grant Malloy ^«70 Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 13 of 27 than' for proper invoice and payment disputes, are set forth in Section 3.5541, "Contract Claims," Seminole County Administrative Code. (b) In any lawsuit or legal proceeding arising under this Agreement, CONTRACTOR hereby waives any claim or defense based on facts or evidentiary materials that were not presented for Consideration in COUNTY administrative dispute resolution procedures set forth in subsection (a) (above of which CONTRACTOR had knowledge and failed to present during COUNTY administrative dispute resolution procedures. (c) In the event that COUNTY administrative dispute resolution procedures are exhausted and a lawsuit or legal proceeding is filed, the parties shall exercise best efforts to resolve disputes through voluntary mediation and to select a mutually acceptable mediator. The parties participating in the voluntary mediation shall share the costs of mediation equally. Section 19. Representatives of COUNTY and CONTRACTOR. (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement may arise. Upon request by CONTRACTOR, COUNTY shall designate and advise CONTRACTOR in writing of one or more of its employees to whom to address all communications pertaining to the day to day conduct of this Agreement. The designated repreI sentative will have the authority to transmit instructions, receive information, and interpret and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. (b) At all times during the normal work week, CONTRACTOR shall designate or appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement, and who will keep COUNTY continually and effectively advised of such designation. Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 14 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy^n ^�� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 14 of 27 Section 20. All Prior Agreements Superseded. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are Inot contained or referred to in this document. Accordingly, it is agreed that no deviation from I the terms of this Agreement may be predicated upon any prior representations or agreements, whether oral or written. I Section 21. Modifications, Amendments, or Alterations. No modification, amendment, or allteration in the terms or conditions contained in this Agreement will be effective unless contained in a written amendment executed with the same formality and of equal dignity with this Agreement. Section 22. Independent Contractor. Nothing in this Agreement is intended or may be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting CONTRACTOR (including its officers, employees, and agents) as an agent, i representative, or employee of COUNTY for any purpose or in any manner whatsoever. CONTRACTOR is and will remain forever an independent contractor with respect to all services performed under this Agreement. Section 23. Employee Status. Persons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement have no claim to pension, workers' compensation, unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees, either by operation of law or by COUNTY. Section 24. Services Not Provided For. No claim for services provided by CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY. Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 15 of21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy^n.,.,`e Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 15 of 27 1 Section 25. Public Records Law. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply wi h Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling I of i he materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as I, prof tded under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119,0101, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall'keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement, i (2) CONTRACTOR shall provide COUNTY with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not eixceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. i (3) CONTRACTOR shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. j (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public i records required by COUNTY under this Agreement. If CONTRACTOR transfers all public Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 16 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy^n.,.,`e Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 16 of 27 records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. I (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR's DUTY TO PROVIDE PUBLIC RECORDS RELATING TOIL THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 407-665-7116, PURCH@SEMINOLECOUNTYFL.GOV, PURCHASING AND CONTRACTS DMSION, 1301 E. SECOND STREET, SANFORD, FL 32771. Section 26. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue' for any legal action in connection with this Agreement will be in the courts of Seminole I County, Florida. Term Contract for EMS Medical Supplies and Related Components (IFB-W500-23/GCM) Page 17 of 21 i ------------------------------------------------------------------------ Certified Copy - Grant Maloy 77�� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 17 of 27 i Section 27. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and subsequently adopted. Any violation of these statutes, ordinances, rules, or regulations will constitute a material breach of this Agreement and will entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 28. Patents and Royalties. Unless otherwise provided, CONTRACTOR is solely responsible for obtaining the right to use any patented or copyrighted materials in the performance I of this Agreement. CONTRACTOR, without exception, shall indemnify and save harmless COUNTY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly purchase for COUNTY the legitimate version of any infringing products or services or procure a license from the patent or copyright holder at no cost to COUNTY that will allow continued use of the service or product. If none of these alternatives are reasonably available, COUNTY shall return the article on request to CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 29. Notices. Whenever either party desires to give notice to the other, it must be given'by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice will remain such until it has been changed by written notice in compliance with the Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 18 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy^n.,.,�e Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 18 of 27 I provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice: For COUNTY: Seminole County Fire Department 150 Eslinger Way Sanford, FL 32773 With a copy to: Seminole County Purchasing & Contracts Division 1301 E. Second Street Sanford, FL 32771 For CONTRACTOR: Bound Tree Medical, LLC 5000 Tuttle Crossing Boulevard Dublin, Ohio 43016 Section 30. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. Section 31. Headings and Captions. All headings and captions contained in this i Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret or construe any provision of this Agreement. Section 32. E-Verify System Registration. (a) CONTRACTOR must register with and use the E-Verify system to verify the work authorization status of all new employees prior to entering into this Agreement with COUNTY. If COUNTY provides written approval to CONTRACTOR for engaging with or contracting for the services of any subcontractors under this Agreement, CONTRACTOR must require certification from the subcontractor that at the time of certification, the subcontractor does not employ, contract, Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 19 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy^na^�� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 19 of 27 P or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the foregoing certification from the subcontractor for the duration of the agreement with the subcontractor. (b) If COUNTY has a good faith belief that CONTRACTOR has knowingly violated this Section, COUNTY shall terminate this Agreement. If COUNTY terminates this Agreement - 1 with CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (1) year after the date on which this Agreement is terminated. If COUNTY has a good faith belief that! a subcontractor knowingly violated this Section, but CONTRACTOR otherwise complied i With this Section, COUNTY must promptly notify CONTRACTOR and order CONTRACTOR to immediately terminate its agreement with the subcontractor. i (c) CONTRACTOR shall execute and return the Affidavit of E-Verify Requirements Compliance, attached to this Agreement as Exhibit D. to COUNTY. IN WITNESS WHEREOF, the parties have made and executed this Agreement for the purposes stated above. A ST: re ss ather Leeg Print Name 1 ness e endenhal P mt Name BOUND THE DICAL, By: Corey Case Authorized Representative Date: 4/20/2023 [Balance of page left intentionally blank] Term Contract for EMS Medical Supplies and Related Components (IFB-604500-23/GCM) Page 20 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy^«'0 Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 20 of 27 U60-1-va 1 17P.1 ►•n IV ul-'a l PrititName i For the use and reliance of Seminole County only. Applroved as to form and legal sufficiency. SEMINOLE COUNTY, FLORIDA By: TAMMY RQ$ERTS, Procurement Administrator Date: Within the authority delegated by the County Manager pursuant to Section 3.554, Seminole County Administrative Code. County ttorney GKlsfa 04t04=3 TAUseislLegal Secretary CSSTurchasing 2023UFB•604500-23 (Bound Tree Medical. LLC) docx Attachments: Exhibit A - Scope of Services Exhibit B - Sample Release Order Exhibit C - Contract Pricing Exhibit D - Affidavit of E-Verify Requirements Compliance Term Contract for EMS Medical Supplies and Related Components (IFB-604SM23/GCM) Page 21 of 21 ------------------------------------------------------------------------ Certified Copy - Grant Maloy ',� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller e - eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida eCertified Id: 8DCB-5BEC-54EC 4 Div, Page 21 of 27 f I I i Exhibit A Scope of Services The Seminole County Fire Department is looking for a Vendor to provide EMS Medical Supplies and Equipment at a percentage off catalog/list pricing. The qualified respondent shall be licensed to supply medications in the state of Florida, in accordance with Florida Statute 499.01 which states, "Any such person must comply with the licensing or permitting requirements of the jurisdiction in which the establishment is located and the federal act, and any product wholesaled into this state must comply with this part. If a person intends to import prescription drugs from a foreign country into this state, the nonresident prescription drug manufacturer must provide to the department a list identifying each prescription drug it intends to import and document approval by the United States Food and Drug Administration for such importation". The Vendor must notify the EMS Fire Office of any published cost price changes prior to the order being placed. Including a copy of the updated published cost price list. Include any categories and or manufactures excluded from this discount. Provide any other additional discounts or offers provided. Prices shall include all costs, including but not limited to General Administrative, overhead, fringe and benefits, transportation, and profit. All merchandise shall have a minimum expiration date of twelve (12) months from the date of shipment and the date must be displayed on the packages. Shipping labels shall be attached to each carton and shall contain the following information: delivery order number, quantity contained in each package and the total number of items being delivered. I The County does not guarantee a minimum total purchase. The County's EMS Supplies Vendor must have the capability to complete orders, receive supplies and inventory; via UCAP devices integrated thru Operative IQ and IQ Tech. The inventory system must include licenses to track inventory and assets at all Seminole County fire stations. The web -based inventory management system will also track preventative maintenance data for all assets! The inventory solution shall be included at no additional cost to the County and should be hosted by, the vendor and accessible by the County through the internet. The system should be web based, manage inventory and assets, manage preventative maintenance data, manage multiple facility locations for ordering, manage inventory at the truck level as well as the supply room level, provide multi- level reporting, password protected, barcode process enabled, provide multi -level authorization of orders, and have an auto -replenishment feature that can be turned on or off. The system must be in a hosted environment by the vendor. No onsite computer servers or IT support will be provided. Data Back -Ups shall be provided by the vendor however, in the event that the awarded respondent should lose the contract in the future, the County reserves the right to retain any and all data placed into the system prior to and up to contract termination. The UCAP devices shall check multiple forms of ID and will prompt for station or dispatch specific data. All withdrawals are cataloged, time stamped and regulated by tech clearance/training level. The UCAP aggregates all dispensing history and alerts for low stock position, expiring product and creates a pick list for restocking. It will generate individual call reports based on products restocked. This information can be printed or exported to the County Accounts Payable/Receivable Software. ------------------------------------------------------------------------ Certified Copy - Grant Maloy ^n7`e Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 22 of 27 a EXHIBIT B -.SAMPLE ORDER NUMBER: .48148 FLORIDA SALES: 8518013708974C-0 Board of County Commissioners FEDERAL SALES/USE: 59-6000866 RELEASE ORDER o ,SalllNOLf COUNTY p _ "°�rrcauajs,r�anmug+ola;` . ALL PACKING SLIPS INVOICES AND CORRESPONDENCE MUST REFER TO THIS ORDER NUMBER ORDER DATE 01/14/2021 REQUISITION 63930 - OR -REQUESTOR `' VENDOR # 409286 ANALYST SUBMIT ALL INVOICES TO:' AP@seminoleclerk.org Seminole Count Clerk & Comptroller POST OFFICE BOX 8080 SANFORD; FL 32772 Accts: Payable Inquiries - Phone (407) 665 7656. ORDER } INQUIRIES. j ITEM # QTY I UNIT ITEM DESCRIPTION UNIT PRICE EXTENDED PRICE 1.00 i EA 0.00 l THIS ORDER IS SUBJECT TO THE TERMS & CONDITIONS ON THE REVERSE SIDE OF THIS ORDER. PURCHASING AND CONTRACT DIVISION 1301 EAST SECOND STREET SANFORD FLORIDA 32771 PHONE (407) 665-7116 / FAX (407) 665-7956 1 TOTAL AMOUNT AUTHORIZED SIGNATURE FOR THE SEMINOLE COUNTY BOARD OF COUNTY COMMISSIONERS Page 1 of 1 --—————————————————————————————————————————————————————————————————————— Certified Copy - Grant Maloy,� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller e - eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida eCertified Id: 8DCB-5BEC-54EC 4 Div, Page 23 of 27 .t, Terms and Conditions 1. Acceptance/Entire Agreement. This Purchase Order ("PO") is entered obligations under PO must not be limited by any -insurance coverage or by into between Seminole County, Florida ("County") and the Supplier any provision in or exclusion or omission from any policy of insurance. referenced herein' (individually, referred to as "Party," and collectively, 9. Insurance. Supplier, at its sole expense, shall maintain insurance "Parties"). By accepting this PO, Supplier accepts all Terms and Conditions coverage acceptable to County. All policies must name County as an contained herein. This PO, including specifications and drawings, if any, and additional insured. All Insurance. Certificates must be- provided to the referenced documents, such as solicitations and responses constitutes the Purchasing and Contracts Division within ten (10) days of request. Supplier entire agreement between the Parties. Whenever terms`and conditions of shall notify County, in writing, of any cancellation, material change, or Main Agreement, !if any, conflict with any PO issued pursuant, to Main' alteration to Supplier's Certificate of Insurance. Agreement, Main Agreement will control. 10. Modifications. PO may be modified or rescinded in writing by County. 2. Inspection. Notwithstanding any prior payment or inspection, all 11. Material Safety Data Sheets. At time of delivery, Supplier agrees to goods/services are subject to inspection/rejection by County at'any time, provide County with a current Material Safety Data Sheet for any hazardous including during manufacture, construction or preparation. To the extent a chemicals or toxic substances, as required by law. PO requires a series of performances by Supplier, County reserves right to 12. Pricing. Supplier agrees that pricing included on PO shall remain firm cancel remainder of PO if goodsiservices provided during the tens of PO are through and until delivery of goods and/or completion -of services, unless non -conforming or otherwise rejected. Without limiting any rights County may otherwise agreed to by the Parties in writing. " have, County, at its sole option, may require Supplier, at Supplier's expense 13. Invoicing & Payment. After delivery of goods/services by Supplier and to: (a) promptly repair or replace any or'611 rejected goods, or to cure or re- acceptance by the County, the Supplier must electronically submit an original perform any or all rejected services; or (b) refund price of any or all rejected invoice via email to APO-seminoleclerk.ora or may mail the invoice, if goods or services:'All rejected goods will be held for Supplier's prompt ; electronic invoice is not available, to: Seminole County Clerk of the Circuit inspection at Supplier's risk. Nothing contained in PO will relieve Supplier's Court and Comptroller, P.O. Box 8080, Sanford, Florida 32772. Invoices obligation of testing', inspection and quality control: must be billed at pricing stipulated on PO and must include the County's 3. Packing & Shipping. Unless otherwise specified, all goods must be Purchase Order Number. Thereafter, all payments and interest on any late packed, packaged, 'Imarked .and prepared for shipment in a manner that is: payments will be paid in compliance with Florida Prompt Payment Act, §218. (a) in accordance with good commercial practice; (b) acceptable to common 70, Florida Statutes. Garners for shipment at the lowest rate for the particular good; (c) in 14. Taxes. County is exempt from Florida sales tax, federal taxes on accordance with local, state, and federal regulations; and (d) protected transportation charges and any federal excise tax. County will not reimburse against weather. Supplier must mark all containers with necessary lifting, Supplier for taxes paid.' — handling, shipping information,' PO number, date of shipment and the name 15. Termination. County may terminate PO, in whole or in part, at any time, of the consignee ] and consignor. -An itemized packing sheet must either for County's convenience or because of Supplier's failure to fulfill its accompany each shipment. obligations under PO, by written notice to Supplier. Upon receipt of written 4. Delivery; Risk of Loss. All goods are FOB destination, and risk of loss notice, Supplier must discontinue all deliveries affected unless written notice will remain with Supplier until delivery by Supplier and acceptance by directs otherwise. In the event of termination, County will be liable only for County. Goods delivered by Supplier that are damaged, defective, or -materials procured, work completed or services rendered or supplies partially. otherwise fail to conform to PO may be rejected by County or held by County fabricated, within the authorization of PO. In no event will County be liable for at Supplier's risk and expense. County may charge Supplier for cost(s) to 'incidental or consequential damages by reason of such termination. inspect, unpack, repack, store and re -ship rejected goods. 16. Equal. Opportunity Employer. County is an Equal Employment 5. Delivery of Excess Quantities. If Supplier delivers excess quantities of Opportunity ("EEO") employer, and as such, requires all Suppliers to comply goods without prio(written authorization from County, excess quantities of . with EEO regulations with regards to race, color, religion, sex, national origin, goods may be returned to Supplier at Supplier's expense. age, disability or genetic information, as may be applicable to Supplier. Any 6. Time is of.the Essence. Time is of the essence for delivery of goods subcontracts entered into, as authorized by County, must make reference to /services under. PO: Failure to meet delivery schedules or, deliver within a this clause with the same degree of application being encouraged. . reasonable time, as determined by County, entitles County to seek all 17. Assignment. Supplier may not assign, transfer, or subcontract PO or remedies available at law or in equity. County reserves right to oanceir any. any right or obligation' under it without County's written consent. Any PO and procure goods/services elsewhere if delivery is not timely. Supplier purported assignment, transfer, or subcontract will be null and void. agrees to reimburse County' for all costs incurred in enforcing its rights. 18. Venue & Applicable law. The,laws of the State of Florida govem 'Failure of County to'cancel PO, "acceptance, or payment will not be deemed validity, enforcement, and interpretation of PO. The sole jurisdiction and a waiver of County's'right to cancel remainder of PO. Delivery date or time in venue for any legal action in connection with PO will be in the courts of PO may be' extended if Supplier provides a written request in advance of Seminole County, Florida. originally scheduled delivery date and time and County agrees to delayed 19. Fiscal Non -Funding. In the event sufficient budgeted funds are not delivery in writing prior to originally scheduled delivery date and time. available for payment to Supplier for a new fiscal period, County shall notify 7. Warranties. Supplier warrants to County that all goods/services covered Supplier of such occurrence and PO will terminate on the last day of the by PO conform strictly to specifications, drawings or samples specified or current fiscal period without penalty or expense to County. furnished by Countyf and are free from: (a) defects in title; and (b) latent or 20. Public • Records. Supplier acknowledges that rPO and any related patent defects in material or workmanship. If no quality is specified by financial records, audits, reports, plans, correspondence and other County, Supplier warrants to County that goods/services are of the best documents may be subject to disclosure to members of the public pursuant grade of their respective kinds, meet or exceed applicable standards for to Chapter 119, Florida Statutes. Supplier shall maintain all public records industryrepresented! are merchantable (as to goods) and are fit for County's and, upon request, provide a copy of requested records or allow records to particular purpose. Supplier warrants that at tha time County accepts the be inspected within a reasonable time. Supplier shall also ensure that any goods/services, the goods/services will have been produced, sold, delivered public records that are exempt or confidential from disclosure are not and furnished in strict compliance with all applicable federal and state laws, disclosed except as authorized by law. In event Supplier fails to abide by regulations, ordinances, rules, laboragreements and working conditions to provisions of Chapter 119, Florida Statutes, County may, without prejudice to which goods/services are subject. Supplier warrants 'the title to goods any other right or remedy and after giving Supplier seven (7) days written furnished under PO is valid, transfer of such title to County is rightful and notice, during which period Supplier still ,fails' to allow.. access to such goods are free of any claims or liens of any nature whatsoever, whether documents, terminate PO. IF SUPPLIER HAS QUESTIONS REGARDING rightful or otherwise, of any person, corporation, partnership or association. APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUPPLIER' All applicable manufacturers' warranties must be furnished to County at time S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO PO, CONTACT of delivery of goods or completion of service. All warranties are cumulative CUSTODIAN OF PUBLIC RECORDS AT: 407-665-7116, and are in addition to any other express or implied warranties provided by PURCHOSEMINOLECOUNTYFL.GOV, PURCHASING AND CONTRACTS law. DIVISION, 1301 E. SECOND STREET, SANFORD, FL 32771. 8. Indemnification. To the fullest extent permitted by law; Supplier assumes 21. Right to Audit Records. County will be entitled to audit the books and any and all liability for damages, breach of PO, loss or injury of any kind or records of Supplier to the extent that the books and records relate to this PO. nature whatsoever to persons or property caused by, resulting from or Supplier must maintain books and records relating to this PO for a period of related to the goods/services provided under PO. To the fullest extent 'three (3) years from the date of final payment under the PO, unless the permitted by law, Supplier shall indemnify and hold harmless County,- its County authorizes otherwise in writing. commissioners, officers, employees and agents from and against any and all 22. Severabllity. If any section, sentence, clause, phrase or portion of PO claims, damages, demands, lawsuits, losses, costs and expenses, including are, for any reason, held invalid or unconstitutional by any' court of attorneys' fees, patent, copyright or trademark infringement, judgments, competent jurisdiction, such portion will be deemed separate, distinct, and decrees of whatsoever nature which County may incur as a result of claims, independent and such holding will not'affect validity of remaining portion of demands, lawsuits ori causes of action of any kind or nature arising from, PO. 1 caused by, or related !to goods/services furnished by Supplier, its officers, 23: Headings & Captions. All headings and captions contained in PO are employees, agents, 1partners, principals or subcontractors. Remedies provided for convenience only, do not constitute a part of PO, and may not afforded to County by this section are cumulative with and in no way affect be used to define, describe, interpret or construe any provision of PO. any other legal remedy County may have under PO or at law. Supplier's Rev: 10/2021 --————————————————————————————————————————————————————————————————————— Certified Copy - Grant Maloy °n7 `0 Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida ; eCertified Id: 8DCB-5BEC-54EC Page 24 of 27 I I 1 PROPOSAL-DOCLIME NT,REPORT IFB No. I1`13-604500-23/GCM Purchase of'ES Supplies and Related Components EXHIBIT C Item DescriptionLine 1 I Percentage off Medical Supplies 1 35% 2 Percentage off Medical Equipment, 1 3596 3 Any additional discounts offered by your company. Please include any other discounts, benefits to the Countyin�your solicitation as a separate attachment 1 40% PROPOSAL DOCUMENT REPORT Invitation For Bid - Purchase of EMS Supplies and Related Components : Page 13 ' F' Certified Co Grant Malo^mom Seminole Count Clerk of the Circuit Court an Copy - y y d Comptroller Clerk of the Circuit Court an Comptroller � eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida eCertified Id: 8DCB-5BEC-54EC �Oaffi• Page 25 of 27 i .. -Exhibit D Agreement Name:'_ Purchase of EMS Supplies and Related Components Agreement Number: IFB-604500-23/GCM AFFIDAVIT OF E-VERIFY REQUIREMENTS COMPLIANCE The CONSULTANT/CONTRACTOR agrees to comply with section 448.095, Florida' Statutes, and to incorporate in all subcontracts the obligation to comply with section 448.095, Florida Statute's. c j 1. The CONSULTANT/CONTRACTOR shall utilize__ the U.S: Department of Homeland Security's &Verify system to. ve .the em !o `' ` rify � , p yment eligibility of all new employees` hired by the CONSULTANT during the term of the Agreement and shall ;expressly require any subcontractors performing work or,providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the I greement term. , 2. That the CONSULTANT/CONTRACTOR understands and agrees that its failure to comply with the verification requirements of Section 448.095, Florida Statutes or ifs failure to ensure that all employees and1subcontraetors performing work under Agg'reementNumber IFB-604500-23/GCM are I ale authorized to work in the United States and the State of Florida, constitutes a breach of this Agreement for which Seminole County may Immediately terminate the Agreement without notice and without penalty. The CONSULTANT/CONTRACTOR further understands and agrees that in the event of such termination, the CONSULTANT/CONTRACTOR.shall be liable to the county for any costs Incurred by the County as a result of the CONSULTANTS/CONTRACTOR'S breach. DATED this 201 day of Audi ` Bound Tree Medical LLC Consultant N By, PrinUType Name: ore Case Titre: Senior Vice President of Marketina STATE OF :11"i�ig COUNTY OF • -�-r`�Y� �r1 Stiuom,to,(o� affirmed) and subscribed before r ' by. mee of+o: hysical presence ORp online notarization, this nday of ,�i_ 20a3. by- r y it . z(Full Name of Afflant). I 10tYSTAKMARTIN`i�r'°1'0. No* PtWOnto Pdn- Nama a y Camrtl al Notary Public in and e'County ; �4 and State Aforementioned- My commission expires:_' : W.::ao 3 E-Verify Affidl vit Revised 5/19/2021 1 ------------------------------------------------------------------------ Certified Copy - Grant Maloy,� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller e eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida eCertified Id: 8DCB-5BEC-54EC Page 26 of 27 BOUND TREE MEDICAL, LLC OFFICER'S CERTIFICATE October 21, 2021 The!! undersigned, as Secretary of Bound Tree Medical, LLC, an Ohio limited ,liability company (the "Company") does hereby certify as follows: (a) Corey Case, Senior Vice President for Company, -has the authority to sign customer . contracts` and otherwise bind the Company_where'the anticipated annual revenue associated i with such contract does nof.exceed an amount of*$1M. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth above. Darrell A. Hughes, Secretary � 1 i ------------------------------------------------------------------------ Certified Copy - Grant Maloy,� Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller e - eCertified at 05/03/2023 10:57:57 -04:00 Seminole County, Florida eCertified Id: 8DCB-5BEC-54EC 4 Div, Page 27 of 27 The City of Edgewater Finance Department 1 DGEWATER 104 Riverside Drive Edgewater, FL 32132 PURCHASING JUSTIFICATION FORM TO: Finance Department FROM: Fire Department Subject -Purchase of. Medical Supplies and Related Components Requested Supplier —Contact: Charlie Phipps City, State, Zip: Dublin, Ohio, 43016 company: Bound Tree Medical LLC Phone: 1-904-640-1752 Address: 5000 Tuttle Crossing Boulevard Estimated Cost: $20,000 Statement of Need: My recommendation for use of a Sole/Standardized/Proprietary Sourcing, Piggy - Back or Cooperative Contract is based upon an objective review of the product/service being required and appears to be in the best interest of the City. I know of no conflict of interest on my part or involved in any way with this request. No gratuities, favors or compromising actions have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials or firms been a deciding influence on my request justification for this purchase when there are other known suppliers to exist. Justification: Mark those that apply. ❑ 1. Sole source request is for the original manufacturer or provider; there are no regional distributors. (Attach the manufacturer's written certification that no regional distributors exist. Item 4 must also be checked). ❑ 2. Sole source request is for the only area distributor of the original manufacturer or provider. (Attach the manufacturers -not the distributors - written certification that identifies all regional distributors. Item 4 also must be checked). ❑ 3. The parts/equipment are not interchangeable with similar parts of another manufacturer. (Explain in separate memorandum and attach). ❑ 4. This is the only known item or service that will meet the specialized needs of this department or perform the intended function. (Attach memorandum with details of specialized function or application). ❑ 5. The parts/equipment are required from this source to permit standardization. (Attach memorandum describing the basis for the standardization request). W 6. A competitively bid contract is available to piggy -back, that is in the best interest of, meets the needs of and follows the City's terms and conditions is available. (attach originating contract) Originating Entity: Seminole County Fire Department Contract/Bid # "Faawwoazvaom ❑ 7. A competitively bid cooperative contract is available, that is in the best interest of, meets the needs of and follows the City's terms and conditions is available. (attach originating contract) Originating Entity: Contract/Bid # ❑ 8. None of the above applies. A detailed explanation and justification for this sole source request is contained in the attached memorandum. 1 attest that this requests meets the standards and intent Division Head Signature: Date: Department Director Signature: Date: .S- /6- ag3 olff/ Ile Comments: Finance Approval: Date: City Manager Approval: Date: PURCHASING POLICY - SECTION XV PURCHASES NOT REQUIRING BIDS PURPOSE: This section defines the limitations of purchasing without solicitation. Authorization for purchase of these items will follow the threshold approval authority as outlined in this Policy. SOLE SOURCE AND PROPRIETY SOURCE: The following criteria must be met in order to satisfy the sole source or proprietary source requirement: a. It is the only item that will produce the desired results (or fulfill the specific need) ...or b. The item is available from only one source of supply ... or c. The item is available from more than one vendor but due to extreme circumstances, only one vendor is suited to provide the goods or services. Sole source and proprietary source purchases are exempt from competitive requirements. However, all sole source Requisitions exceeding $10,000 in value will be electronically advertised for a period of at least 5 business days. The steps to follow for sole source and proprietary source purchases are as follows: a. The User Department/Division and the Finance Department shall attempt to locate competition. Staff will also check for piggyback contracts. If no other sources are found, the User Department/Division shall submit to the Finance Department a completed sole source/proprietary source form, indicating the requisition number. b. A sole source or proprietary source form shall be used to justify and document the requirement. The form shall state why only one source can produce the desired results (or fulfill the specific need). c. The Finance Director shall review and approve or disapprove, in writing; sole source/proprietary source designation. d. The User Department/Division shall be notified of disapproved requests and the purchase shall be made in accordance with standard procedures. e. When the Finance Director approves a sole or proprietary source, staff shall conduct negotiations on price, delivery, and terms. The price must be determined fair and reasonable. f. The Finance Department shall keep a log of sole/proprietary source purchases, which includes the vendor name, the amount, item description, justification, and the purchase order number. g. For those instances that services are needed involving multiple years (i.e. maintenance of equipment, warranty, etc.) the request must be combined to capture the project, as a whole, and the proper approval must be obtained. STANDARDIZATION DEFINITION: Standardization is the process of examining characteristics and needs for items of similar end usage and developing a single specification that will satisfy the need for most or all purchases for that purpose. Proprietary purchases (usually components) maintain a degree of continuity to the original or existing decor, equipment, or programs. Where standardization is determined to be desirable by the Finance Director, the purchase of materials, supplies and equipment and certain contractual services may be made by negotiation. Compatibility to existing equipment will be an acceptable justification for waiver of bidding procedures provided the item meets the other criteria within the definition of sole source item (i.e.; available from only one source and only item that will produce the desired results). COOPERATIVE PURCHASING DEFINITION: An approach in which several organizations jointly buy selected items. They may form or utilize a centralized buying service that purchases specified types of items for all members of the group or cooperate informally. The resulting volume buying usually produces significant cost savings for group members. The Finance Director shall have the authority to join with other units of government in cooperative purchasing ventures when the best interests of the City would be served and the same is in accordance with City Ordinances. Purchases in any amount may be made against established G.S.A, State of Florida, or other units of government and non-profit organizations including established and approved Cooperative Purchasing Associations (i.e., OMNIA Partners, The Cooperative Purchasing Network -TCPN, National Joint Powers Alliance - NJPA, The Interlocal Purchasing System - TIPS USA, BuyBoard etc.) term contracts without bidding, provided they are in the best interest of the City. Purchases from the current City cooperative contracts, state term purchasing contracts, or state university system cooperative bid agreements, non-profit organizations, and approved Cooperative Purchasing Associations will be an acceptable alternative procedure for bidding, providing all terms and conditions of the contract apply.