10-20-2008
V oting Order
Councilman Cooper
Mayor Thomas
Councilwoman Rogers
Councilwoman Bennington
Councilwoman Rhodes
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
October 20, 2008
7:00 P.M.
COMMUNITY CENTER
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROVAL OF MINUTES
a. Regular Meeting - September 8, 2008
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
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. CITY COUNCIL REPORTS
6. CONSENT AGENDA
a. Professional Services Contracts for Surveyors - Addendum # 1 (Extending the term for
one year).
b. Approval to piggyback on the Orange City bid/contract for gasoline and diesel fuel and
to use Exum Energy Inc., for the purchase of gasoline and diesel fuel.
7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a Edgewater United Methodist Church, requesting a Special Activities Permit for the
Christmas Under the Palms event to be held on December 13, 2008 at 211 N.
Ridgewood Avenue.
b. Light of Calvary Church, requesting a Special Activities Permit for a Fall Festival to be
held on November 22,2008 at 2140 N. Ridgewood Avenue.
City Council Agenda
October 20, 2008
Page -2
8. BOARD APPOINTMENTS
None at this time.
9. OTHER BUSINESS
a. Ratification of the Coastal Florida Public Employees Association Agreement
(General Employees Union Contract)
b. Review of draft Vision Plan as obtained from the two Community Visioning
Workshops.
10. OFFICER REPORTS
a. City Clerk
b. City Attorney
c. City Manager
II. CITIZEN COMMENTS
12. ADJOURN
Note. All items for inclusion on the November 3,2008, agenda must be received by the City Clerk's
office no later than 12:00 pm, Thursday, October 23, 2008.
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any matter considered
at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the
proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400
xlIOI, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771.
f.ca..
AGENDA REQUEST
C.A. #2008-145
Date: October 10 , 2008
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
CONSENT October 20, 2008 BUSINESS
ITEM DESCRIPTION:
Professional Services Contracts for Surveyors - Addendum #1 (extending the term for one year)
BACKGROUND:
In 2005, the City advertised for proposals on surveying services and awarded Agreements to: Honeycutt
& Associates, Inc., Upham, Inc., Sliger and Associates, Inc. and Southeastern Surveying and Mapping
Corporation. The term of the agreement was for a three (3) year period with a renewal option for three
(3) additional one (1) year terms.
Addendum # I extends the term for an additional year with each surveyor, with the term ending on
September 12, 2009. As stated in the original agreement, work will only be assigned pursuant to the
appropriate approval of work orders if necessary.
STAFF RECOMMENDATION:
Staff recommends approval of Addendum # I for the Professional Services Contracts for Surveyors for
Honeycutt and Associates, Inc., Upham, Inc., Sliger and Associates, Inc. and Southeastern Surveying and
Mapping Corporation with authorization for the Acting City Manager to execute same.
ACTION REQUESTED:
Motion to approve Addendum # 1 for the Professional Services Contracts for Surveyors for Honeycutt and
Associates, Inc., Upham, Inc., Sliger and Associates, Inc. and Southeastern Surveying and Mapping
Corporation with authorization for the Acting City Manager to execute Addendum # I.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES
NO-X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
~~~~~ .
Robin L. Matusick ~
Paralegal
ADDENDUM NUMBER 1
TO THE PROFESSIONAL SRVICES AGREEMENT
BETWEEN THE
CITY OF EDGEW A TER AND
SOUTHEASTERN SURVEYING AND MAPPING CORPORATION
By Agreement made and entered into this day of , 2008, by and
between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as"CITY") and
SOUTHEASTERN SURVEYING AND MAPPING CORPORATION, (hereinafter referred to as
"Surveyor").
WITNESSETH
The CITY and Surveyor mutually agree to amend that certain Agreement between the
CITY and Surveyor made and entered into on September 12, 2005 as follows:
1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of one (1) year. Thereby extending
the current contract from September 12,2008 through and until September 12,2009.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
WITNESSES:
CITY OF EDGEWATER, FLORIDA
By:
Tracey T. Barlow
Acting City Manager
Dated:
cL?
SOUTHEASTERN SURVEYING AND
~RP~l=t
Gary B. Krick, P':S.M.
President
WITNESSES:
Dated:
October 10. 2008
(Agreement\S urveyors-Southeastern -A ddend um# 1- 2008)
ADDENDUM NUMBER 1
TO THE PROFESSIONAL SRVICES AGREEMENT
BETWEEN THE
CITY OF EDGEW A TER AND
UPHAM, INC>
By Agreement made and entered into this day of , 2008, by and
between the CITY OF EDGEW A TER, FLORIDA (hereinafter referred to as"CITY") and
UPHAM, INC., (hereinafter referred to as "Surveyor").
WITNESSETH
The CITY and Surveyor mutually agree to amend that certain Agreement between the
CITY and Surveyor made and entered into on September 12, 2005 as follows:
I) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of one (I) year. Thereby extending
the current contract from September 12, 2008 through and until September 12, 2009.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
. WITNESSES:
CITY OF EDGEW A TER, FLORIDA
By:
Tracey T. Barlow
Acting City Manager
Dated:
WITNESSES:
UPHAM, INC.
Roger W. StrucIa, P.E.
President
Dated:
(Agreement\Surveyors-Upham#] -2008)
ADDENDUM NUMBER 1
TO THE PROFESSIONAL SRVICES AGREEMENT
BETWEEN THE
CITY OF EDGEW A TER AND
SLIGER AND ASSOCIATES, INC.
By Agreement made and entered into this day of , 2008, by and
between the CITY OF EDGE WATER, FLORIDA (hereinafter referred to as "CITY") and
SLIGER AND ASSOCIATES, INC., (hereinafter referred to as "Surveyor").
WITNESSETH
The CITY and Surveyor mutually agree to amend that certain Agreement between the
CITY and Surveyor made and entered into on September 12, 2005 as follows:
I) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of one (1) year. Thereby extending
the current contract from September 12,2008 through and until September 12,2009.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
WITNESSES:
CITY OF EDGEW A TER, FLORIDA
By:
Tracey T. Barlow
Acting City Manager
Dated:
WITNESSES:
SLIGER AND ASSOCIATES, INC.
Joseph Zapert, P.L.S.
Secretary
Dated:
(Agreement\Surveyors-Sliger# 1-2008)
ADDENDUM NUMBER 1
TO THE PROFESSIONAL SRVICES AGREEMENT
BETWEEN THE
CITY OF EDGEW A TER AND
HONEYCUTT AND ASSOCIATES, INC.
By Agreement made and entered into this day of , 2008, by and
between the CITY OF EDGEW A TER, FLORIDA (hereinafter referred to as"CITY") and
HONEYCUTT AND ASSOCIATES, INC., (hereinafter referred to as "Surveyor").
WITNESSETH
The CITY and Surveyor mutually agree to amend that certain Agreement between the
CITY and Surveyor made and entered into on September 12, 2005 as follows:
1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of one (1) year. Thereby extending
the current contract from September 12, 2008 through and unti I September 12, 2009.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
WITNESSES:
CITY OF EDGEW A TER, FLORIDA
By:
Tracey T. Barlow
Acting City Manager
Dated:
WITNESSES:
HONEYCUTT AND ASSOCIATES, INC.
Rodney M. Honeycutt, P.E.
President
Dated:
(Agreement\Surveyors-Honeycutt# 1-2008)
lob
AGENDA REQUEST
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
CONSENT October 20, 2008 BUSINESS
ITEM DESCRIPTION:
Request for approval to piggyback on the Orange City bid/contract for gasoline and diesel fuel.
BACKGROUND:
The City currently has a contract with Watkins Oil for the purchase of gasoline and diesel fuel. Several issues
arose as to pricing and supply. The City of Edgewater received a quote from Exum Energy, Inc. based on a
current contract with Orange City for the term of August 2007 until September 20 I O.
Exum Energy was very responsive during the hurricanes in 2004 and assisted the City in receiving fuel when no
one else could deliver. Exum is a local business with offices in New Smyrna Beach and are competitive with
other fuel suppliers.
ST AFF RECOMMENDATION:
Approval for piggybacking with Orange City to use Exum Energy, Inc. for the purchase of gasoline and diesel
fuel with pricing at $0.1376 per gallon over the rack rate for unleaded #87 Octaine and for diesel fuel at $0.1489
per gallon over the rack rate for low sulfur diesel #2 and off road diesel #2.
ACTION REQUESTED:
Motion to approve piggybacking with the Orange City contract with Exum Energy, Inc. for the purchase of
gasoline and diesel fuel and authorize the City Manager to execute the associated contract agreements.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES NO
PREVIOUS AGENDA ITEM:
If so, DATE:
YES NO
AGENDA ITEM #
;e~tt~
G ' . U -1/1
'B nda Dewees ~
Interim Director of Env. Services
Concurrence:
~^'~i
Robin L. Matusick
Paralegal
Contract
This Contract, effective as of the last date signed below, is by and between the City of
Edgewater with offices at 104 North Riverside Dr, Edgewater FI, and the entity identified
below as Contractor (individually, "Contractor").
The City has determined to accept the Contractor's bid and to enter into this Contract in
accordance with the terms and conditions of the solicitation. The specific items awarded
to the Contractor in each county are indicated on the Price Sheets, attached hereto as
Exhibit 1.
Accordingly, and in consideration of the mutual promises contained in the Contract
documents, the City and the Contractor do hereby enter into this Contract. The
Contractor shall complete the work specified in the solicitation documents. The term of
the Contract is from the Effective Date until September 30, 2010. The Contract consists
of the following documents, which, in case of conflict, shall have priority in the order
listed and which are hereby incorporated as if fully set forth:
. Any written amendments to the Contract
. This document, including Exhibit 1
. Technical Specifications
. Instructions to Bidders
. General Conditions
. Contractor's Bid
City Of Edgewater
Date
Contractor's Name: Exum Enerqy. Inc.
Street Address: 2179 State Rd 44
City, State, Zip: New Smyrna Beach. FL 32168
By: Chris Exum Energy
Treasure
Date
Approved as to form and legality
By the City Attorney's Office:
Date
Exum Energy, Inc.
2179 State Road 44
New Smyrna Beach, FL 32168
Phone: (386) 428-9366
Fax: (386) 428-2060
City of Edgewater
Public Works Facilty
409 Mango Tree Drive
Edgewater FL
September 30, 2008
Thank you for the opportunity to provide quotes for fuel products to the City of
Edgewater. Exum Energy is a third generation fuel oil company, serving Central
Florida for over sixty years, with a dedication to service that will exceed your
expectations. Exum Energy provides "keep full" service in addition to "will call"
service and will cover any emergency fueling needs that may arise. We provide
competitive pricing that is designed to provide value while ensuring high-quality
service.
We understand your need for a fuel contract and want to provide you with the
attached agreement that Exum Energy has with the City of Orange City. The
markup for each product is included in this agreement. This contract is for tank
wagon deliveries only. If the City of Edgewater would like to receive transport
deliveries of fuel the mark up would be .06 for diesel products and .0543 for
gasoline products. To receive the transport delivery prices the City of Edgewater
would have to order a full transport load of product.
Fuel prices are based on payments being received, by cash or check, within 10 days
from fuel delivery, with a finance charge of 2.5'Yo added to all invoices if the payment is
received after 10 days.
We look forward to the opportunity to provide services and establish a relationship
with the City of Edgewater. Should you have any questions or concerns, please
contact Gene Geiger 386-566-9828 or via email atgenegeiger@bellsouth.net .
Respectfully submitted,
~~
Gene Geiger
Prices are inclusive of all taxes and freight for on-road diesel and gasoline,
while off-road diesel fuel, lube oils and tank rentals are subject to Florida
sales tax.
Instructions to Bidders
Contents
1.01 General Instruction
1.02 Terms and Conditions
1.03 Who May Bid
1.04 Basis for Award
1.05 Questions/Contract Manager
1.06 Bidder's Representation and Authorization
1.07 Performance Qualifications
1.08 Execution of Bid
1.09 Submittal of Bid
1.10 Firm Bids
1.11 Clarifications/Revisions
1.12 Notice of Award
1.01 General Instruction: The bidder shall read all of the solicitation documents and comply
with all specified requirements. .
1.02 Terms and Conditions: All bids are subject to the terms of the following sections of
these solicitation documents, which, in case of conflict, shall have the order of
precedence listed: technical specifications; instructions to bidders; and general
conditions. The City objects to and shall not consider any additional terms or conditions
submitted by a bidder, including any appearing in documents attached as part of a
bidder's response. In signing and submitting its bid, a bidder agrees that any additional
terms or conditions, whether submitted intentionally or inadvertently, shall have no force
or effect. Failure to comply with terms and conditions, including those specifying
information that must be submitted with a bid, shall be grounds for rejecting a bid.
1.03 Who Mav Bid: Suppliers and dealers of Gasoline and Fuel Oil are invited to respond to
this solicitation. By submitting a bid, each bidder certifies that it satisfies the following
criteria, in addition to any other specified in the solicitation documents.
. Full-service office with business hours of 8:00 A.M. E.S.T. to 5:00 P.M. E.S.T.
weekdays (minimum) and with staff capable of handling inquiries and orders on-
location during those business hours (including lunch hour).
1.04 Basis for Award: The City intends to make award to one responsive low bidder.
Bidders are solely responsible for submitting the appropriate forms with their bid.
The City reserves the right to reject pricing that is greater than pricing offered to other
potential Customers (e.g., city, county, university, or federal contracts). The City reserves
the right to accept or reject any and all bids, or separable portions, and to waive any
minor irregularity, technicality, or omission if the City determines that doing so will
serve the City's best interest.
3
1.05 Questions/Contract Mana2.er: Bidders shall address any question regarding this
solicitation to the Contract Manager, who is identified on the cover sheet of this
solicitation package. Questions shall be in writing, shall reference the solicitation
number and the bid opening date, and shall be RECEIVED NO LATER THAN the
time and date reflected on the timeline included on the last page of the cover material of
this solicitation package,
1.06 Bidder's Representation and Authorization: In submitting a bid, each bidder
understands, represents, and acknowledges the following (if the bidder cannot so certify
to any of following, the bidder shall submit with its bid a written explanation of why it
cannot do so).
.
The bidder is not currently under suspension or debarment by the State or any other
governmental authority.
To the best of the knowledge of the person signing the bid, the bidder, its affiliates,
subsidiaries, directors, officers, and employee are not currently under investigation by
any governmental authority and have not in the last ten (10) years been convicted or
found liable for any act prohibited by law in any jurisdiction, involving conspiracy or
collusion with respect to bidding on any public contract.
The bid is made in good faith and not pursuant to any agreement or discussion with,
or inducement from, any firm or person to submit a complementary or other
noncompetitive bid.
The bid prices and amounts have been arrived at independently and without
consultation, communication, or agreement with any other bidder or potential bidder;
neither the prices nor amounts, actual or approximate, have been disclosed to any
bidder or potential bidder, and they will not be disclosed before bid opening.
.
.
.
.
Neither the bidder nor any person associated with it in the capacity of owner, partner,
director, officer, principal, investigator, project director, manager, auditor, or position
involving the administration of federal funds:
o Has within the preceding three years been convicted of or had a civil judgment
rendered against them or is presently indicted for or otherwise criminally or
civilly charged for: comm'ission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or perfoITIling a federal, state, or local
government transaction or public contract; violation of federal or state antitrust
statutes; or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property; or
o Has within a three-year period preceding this certification had one or more
federal, state, or local government contracts terminated for cause or default.
The product offered by the bidder will conform to the specifications without
exception.
The bidder has read and understands the Contract terms and conditions, and the bid is
made in conformance with those terms and conditions.
.
.
4
. If an award is made to the bidder, the bidder agrees that it intends to be legally bound
to the Contract that is formed with the City.
. The bidder has made a diligent inquiry of its employees and agents responsible for
preparing, approving, or submitting the bid, and has been advised by each of them
that he or she has not participated in any communication, consultation, discussion,
agreement, collusion, act or other conduct inconsistent with any of the statements and
representations made in the bid.
. The bidder shall indemnify, defend, and hold harmless the City and its employees
against any cost, damage, or expense that may be incurred or be caused by any error
in the bidder's preparation of its bid.
. All information provided by, and representations made by, the bidders are material
and important and will be relied upon by the City in awarding the Contract. Any
misstatement shall be treated as fraudulent concealment of the true facts relating to
submission of the bid.
1.07 Performance Qualifications: The City reserves the right to investigate or inspect at any
time whether the product, qualifications, or facilities offered by bidder meet the Contract
requirements. Bidder shall at all times during the Contract term remain responsive and
responsible. Bidder must be prepared to present evidence of experience, ability, and
financial standing, as well as a statement as to plant, machinery, and capacity of the
bidder for the production, distribution, and servicing of the product bid.
1.08 Execution of Bid: Each bid shall be in the form included with these solicitation
documents and manually signed by an authorized representative of the bidder. Bids shall
be typed or printed in permanent ink. Any correction or alteration shall be in ink and
initialed.
1.09 Submittai of Bid: Submit the original bid and one copy in a sealed envelope. DO NOT
INCLUDE MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall
indicate BID FOR FUEL SUPPLIER and date and time of the bid opening. Bids not
submitted on the form included with these solicitation documents shall be rejected. Each
bidder is responsible for ensuring that its bid is delivered at the proper time and to the
proper place. The City shall not consider late bids. BIDS MUST BE RECEIVED AT
the City Clerk's Office, 229 East Graves Avenue, Orange City, Florida, AT OR
BEFORE 2:00 P.M. ON FRIDAY, AUGUST 3, 2007.
1.10 Firm Bids: The City will make award within Thirty (30) days after the date of bid
opening, during which period bids shall remain firm and shall not be withdrawn.
1.11 Clarifications/Revisions: Before award, the City reserves the right to seek
clarifications, to request bid revisions, and to request any information deemed necessary
for proper evaluation of bids from all bidders deemed eligible for Contract award.
Failure to provide requested information may result in rejection of the bid.
1.12 Notice of Award: The City shall issue a notice of award, if any, to the successful bidder.
5
Technical Specifications
Contents
2.01 Defmitions
2.02 Deliverables
2.03 Scope of Work
2.04 Delivery of Fuel
2.05 Fault and Responsibility
2.06 Measurements
2.07 Fuel Availability
2.08 Conventional Gasoline
2.09 Minimum Delivery
2.10 Prices
2.11 Markup
2.12 Invoicing and Payment
2.13 Maintenance
2.14 Taxes
2.15 Fuel Permits
2.16 Specifications
2.17 Bid Pricing
2.01 Definitions: The Parties agree that capitalized terms shall have the meaning ascribed
below:
"Fuel" shall mean any Fuel product obtained through this Contract. Fuel product shall
include all grades of unleaded gasoline and fuel oil to be delivered to Customer facilities
as defined in section 2.10.
"Markup" shall mean the Contractor's price to cover all costs associated with providing
Fuel to State and Customer facilities as more particularly detailed in section 2.11.
Markup will mean both positive and negative numbers. Markups may differ based on
where the Fuel is obtained according to the Fuel terminals and actual type of Fuel
ordered. Markup for Fuel shall be on a price per gallon basis. The Contractor shall
assess no other fees associated with the delivery of Fuel except as more particularly
detailed in section 2.13.
"Tank Wagon Delivery" shall mean a delivery by a tank wagon truck with a minimum
delivery of 100 gallons up to 4,000 gallons. "Pump-off' will be required.
"Rack Rate" shall mean the cost of Fuel to the supplier at the terminal. A copy of the
suppliers invoice must accompany the City's invoice.
2.02 Deliverables: The Contractor shall deliver the following product, as more particularly
detailed in sections 2.03 to 2.17 Unleaded Gasoline and Diesel Fuel.
2.03 Scope of Work: This Contract is to provide Fuel for the City of Orange City, Florida.
The City seeks to improve the quality and efficiency of services delivered, improve
Customer services and reduce cost. The Contractor must efficiently provide Fuel to meet
the requirements of the Customer.
6
Bidder/Contractor must meet the following requirements:
. Fuel costs will be determined based on the Rack Rate from the terminal used to
service the Customer's facility. Price is more particularly detailed in section 2.11.
. Markups will be established for each type of Fuel. Markup for Fuel shall be based on
a price per gallon basis.
. Fuel costs shall exclude any taxes and/or fees that the Customer is exempt from
paying. All Fuel costs will include the Rack Rate, the Contractor's Markup and all
applicable taxes and/or associated fees allowed.
. A copy of the Rack Rate from the terminal shall be sent with the Customer's invoice.
The invoice price shall reflect the actual date of delivery.
2.04 Deliverv of Fuel: Fuel is to be delivered to the Customer's tank(s) within 24 hours after
telephone notification is received unless specified otherwise by the Customer. This time
will be agreed upon by the Customer and the Contractor. The City prefers that vehicles
equipped with meters make delivery. Customer may be subject to a service charge if
request is for same day delivery. This charge is listed in section 2.13.
2.05 Fault And Responsibilitv: The party at fault will be responsible for all direct costs
incurred to correct a problem. Problems may include but not limited to misorders by
Customer, Fuel spills, delivering wrong Fuel to Customer by Contractor, cross-fueling by
Contractor at Customer's facility, etc.
2.06 Measurements: Customary measurements appearing in these specifications are not
intended to preclude bids for commodities with metric measurements.
2.07 Fuel Availability
Availability of Product: If there are Fuel restrictions, shortages and/or allocations placed
on suppliers of Fuel product by either terminal, suppliers and/or the government (local
and/or federal) for any reason, then at the City's discretion, price may be adjusted as
determined by the City. Contractors will have to provide adequate proof of the situation
to have the price adjusted. The time period for these adjustments will be determined by
the City based on the situation. If governmental allocations are declared, then
Contractors are to deliver Fuel to Customers at the same percentage as allocated.
2.08 Conventional Gasoline: Unleaded, 87 octane rating meeting the specifications of the
State of Florida, Department of Agriculture and Consumer Services with minimum
octane rating of: R + M/2 = 87 Detergent type, no alcohol.
Diesel Fuel: Must be suitable for use in Diesel engines and free from water and foreign
matter. Must meet or exceed State of Florida Department of Agriculture and Consumer
Services speci fications.
2.09 Minimum Deliverv:
For Contractors that utilize their own transports to make delivery, the minimum delivery
on this Contract shall be 100 gallons for a Tank Wagon Delivery for gasoline and fuel oil.
7
. Gasoline and Fuel Oil
o Tank Wagon Delivery - Freight charges will be included in the Tank Wagon
Delivery Markup. Pump-Off to be included.
2.10 Prices: Prices shall be submitted on Customer invoices as follows:
. Fuel Cost shall be determined by the date on which delivery of Fuel is made. Fuel
cost shall include:
o Gasoline and Fuel Oil: Prices will be calculated using the following information:
.
Rack Rate price
. Contractor's Markup as determined by the Price Sheet
. All applicable Fuel taxes and/or associated fees.
. All applicable delivery and/or service charges as allowed.
The Customer and the Contractor agree that the Contractor is prohibited from negotiating
or billing in a manner that exceeds the stated prices included in the Contract. The
Contractor agrees that the price charged to the Customer shall be subject to audit, and the
Contractor shall make any and all records supporting the invoiced prices available for
inspection, upon written request by the Customer.
2.11 Markup: The Markup shall be noted on the Price Sheet as follows:
. Discount Markup _ A Discount Markup shall be noted as a negative number, using
either a minus sign "-.xx" or enclosed within parentheses "(.xx)", i.e. "-.01" or "(.01)".
. MarkuQ _ All other prices will be construed as a positive number for the Markup.
The Markup or Discount Markup may include the Contractor's profit and any other costs the
Contractor wishes to include. Prices shall be per gallon for the Markup or Discount
Markup.
2.12 Invoicin2. and Payment: The Contractor agrees to be paid upon submission of invoices
to the Customer for Fuel purchased as defined in section 2.11 of this solicitation
document. Invoices shall be submitted to the Customer for each delivery made. The
Contractor shall submit invoices for Fuel in sufficient detail for a proper preaudit and
postaudit thereof. The Customer agrees that payments to the Contractor will be made in
accordance with section 215.422 of the Florida Statutes, and chapter 55 of the Florida
Statutes.
A copy of the Rack Rate shall accompany all invoices to verify prices.
2.13 Maintenance: The Customer shall maintain all tanks and dispensing equipment
associated with their facility in good working order for the duration ofthe Contract.
2.14 Taxes: Invoice Fuel prices are not to include any State of Florida and/or Federal taxes
from which the Customer is exempt. .
2.15 Fuel Permits: The Customer will be responsible for all facility required permits
pertaining to Fuel storage and handling in accordance with all local, state and federal
laWS.
8
2.16 Specifications: The Contractor will provide gasoline, and fuel oil per the following
specifications:
Gasoline:
. Unleaded, 87 Octane
Gasoline, unleaded, antiknock (octane) index mImmum 87 (RON + MON)/2,
maximum allowable lead 0.05 gram per gallon, per A.S.T.M. specification D4814,
complying with state of Florida gasoline inspection laws. To be delivered as ordered
via tank wagon, minimum delivery 100 gallons..
Fuel Oil:
. Diesel Fuel. Grade No. 2-D Ultra Low Sulfur Fuel (REV 13 OCT 06)
Oil, diesel fuel, grade no. 2-D ultra low sulfur fuel (.0015 mass % sulfur, 40 centane
min.), for use in over the road diesel engine, per A.S.T.M. specification D975,
complying with Florida Department of Agriculture and Consumer Services standards.
To be delivered as ordered via tank wagon, minimum delivery 500 gallons.
. Diesel Fuel. Red Dve, Grade No. 2-D Low Sulfur Fuel
405-120-270-0010 Oil, diesel fuel, red dye, grade no. 2-D low sulfur fuel (.05
mass % sulfur, 40 centane min.), for use in off the road diesel engine, per A.S.T.M.
specification D975, complying with Florida Department of Agriculture and Consumer
Services standards. To be delivered as ordered via tank wagon, minimum delivery
100 gallons.
9
2.17 BID PRICING
The City of Orange City is seeking bids for the purchase of quality fuels for over-the-road and
off-road use. Bids will be accepted for the following items as outlined below:
A. Gasoline, unleaded, 87 octane rating - approximately 60,000 gallons per year
B. Diesel fuel, #2 Ultra Low Sulfur - approximately 10,000 gallons per year
C. Diesel fuel, Red Dye #2 Ultra Low Sulfur - approximately 3000 gallons per year
1. Unleaded gasoline meeting the specifications of the State of Florida
Department of Agriculture and Consumer Services, with a minimum octane rating
of: R + M/2 = 87 Detergent type, no alcohol
2. Over-the-road Diesel Fuel" suitable for use in diesel engines' and free from water
and foreign matter. Must meet or exceed State of Florida, Department of
Agriculture and Consumer Services specifications.
3. Off-road Diesel Fuel, suitable for use in diesel engines and free from water and
foreign matter. Must meet or exceed State of Florida, Department of Agriculture
and Consumer Services specifications.
All fuel shall be delivered by metered Tank Wagon truck.
MARK UP
TOTAL
FUEL TYPE
RACK RATE
Unleaded 87 Octane
Gasoline
. } '-ISo tf
.(37'
7.bfV
2. ~ ~S~
.(<-(g~
2.S3y g
Low Sulfur Diesel #2
Off-Road Diesel #2
2.067 1
./'-189
2.216~
NOTE: For Purposes for this bid, "Rack Rate" price on June 13,2007 shall be used.
Bidders Name:
Bidders Address
Authorized Signature
10
General Conditions
Contents
3.01 Definitions
3.02 Eligible Customers
3.03 Best Pricing Offer
3.04 Americans with Disabilities Act
3.05 Purchase Orders
3.06 Inspection at Contractor's Site
3.07 Safety Standards
3.08 Literature
3.09 Transportation and Delivery
3.10 Installation
3.11 Inspection and Acceptance
3.12 Invoicing and Payment
3.13 Taxes
3.14 Customer's Default
3.15 Governmental Restrictions
3.16 Compliance with Laws
3.17 Lobbying and Integrity
3.18 Indemnification
3.19 Suspension of Work
3.20 Termination for Convenience
3.21 Termination for Cause
3.22 Force Majeure, Notice of Delay, and No Damages for Delay
3.23 Equitable Adjustment
3.24 Scope Changes
3.25 Renewai
3.26 Advertising
3.27 Assignment
3.28 Dispute Resolution
3.29 Employees, Subcontractors, and Agents
3.30 Security and Confidentiality
3.31 Independent Contractor Status of Contractor
3.32 Insurance Requirements
3.33 Service
3.34 Warranty of Authority
3.35 Warranty of Ability to Perform
3.36 Notice
3.37 Modification of Terms
3.38 Waiver
3.39 Execution in Counterparts
3.40 Severability
1 J
3.01 Definitions:
The term "bid" means the offer extended to the Department in response to this
solicitation. The forms to accompany the bid are included in section 4.0 of these
solicitation documents.
"City" means the City of Orange City.
"Contract" means the legally enforceable agreement, if any, that results from this
solicitation. The parties to the Contract will be the City and Contractor. The Contract
shall be reduced to writing substantially in the form included in section 4.0 of these
solicitation documents.
"Contract Manager" means the City'~ Public Works Director or designee who is
primarily responsible for administration of the Contract. The Contract Manager is
identified in the Instructions to Bidders. The City may appoint a different Contract
Manager, which shall not constitute an amendment to the Contract, by sending notice to
Contractor. Any communication to the City by Contractors or contract administrators,
shall be addressed to the Contract Manager.
"Contractor" means a successful bidder, which, along with the City, will enter into the
Contract.
"Customer" means the City of Orange City that will order products directly from the
Contractor under the Contract. By ordering products under the Contract, the Customer
agrees to its terms. Customers are not, however, parties to the Contract.
"Product" means any deliverable under the Contract, which may include commodities,
services, technology or software.
"Purchase Order" means the form or format a Customer uses to make a purchase under
the Contract (e.g., a formal written purchase order, electronic purchase order,
procurement card, or other authorized means).
3.02 Elieible Customers: Section 287.056 of the Florida Statutes governs agencies' use of
the Contract.
3.03 Best Pricine Offer: During the Contract term, if the Contractor sells substantially the
same or a small quantity of a product outside the Contract, but upon the same or similar
terms of the Contract, at a lower price, then at the discretion of the City the price under
the Contract shall be immediately reduced to the lower price.
3.04 Americans With Disabilities Act: Contractors should identify any products that may be
used or adapted for use by visually, hearing, or other physically impaired individuals.
3.05 Purchase Orders: A Contractor shall not deliver or furnish products until the Customer
transmits a purchase order. All purchase orders shall bear the Contract number, shall be
placed by the Customer directly with the Contractor, and shall be deemed to incorporate
by reference the Contract terms and conditions. Any discrepancy between the ~ontract
terms and the terms stated on the Contractor's order form, confirmatlOn, or
acknowledgement shall be resolved in favor of terms most favorable to the Customer.
12
3.06 Inspection at Contractor's Site: The City reserves the right to inspect, at any
reasonable time with prior notice, the equipment or product or plant or other facilities of a
Contractor or prospective Contractor (bidder) to assess conformity with Contract
requirements and to determine whether they are adequate and suitable for proper and
effecti ve Contract performance.
3.07 Safety Standards: All manufactured items and fabricated assemblies subject to
operation under pressure, operation by connection to an electric source, or operation
involving connection to a manufactured, natural, or LP gas source shall be constructed
and approved in a manner acceptable to the appropriate City inspector. Acceptability
customarily requires, at a minimum, identification marking of the appropriate safety
standard organization, where such approvals of listings have been established for the type
of device offered and furnished, for example: the American Society of Mechanical
Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical
Manufacturers' Association for electrically operated assemblies; and the American Gas
Association for gas-operated assemblies. In addition, all items furnished shall meet all
applicable requirements of the Occupational Safety and Health Act and state and federal
requirements relating to clean air and water pollution.
3.08 Literature: Upon request, the Contractor shall furnish Customer literature reasonably
related to the product offered, for example, user manuals, price schedules, catalogs,
descriptive brochures, etc.
3.09 Transportation and Deliverv: Prices shall include all charges for packing, handling,
freight, distribution, and delivery.
3.10 Taxes: The City does not pay Federal excise or sales taxes on direct purchases
3.11 Compliance with Laws: The Contractor shall comply with all laws, rules, codes,
ordinances, and licensing requirements that are applicable to the conduct of its business,
including those of federal, State, and local agencies having jurisdiction and authority. By
\vay of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-l
of the Florida Administrative Code govern the Contract. By way of further non-
exhaustive example, the Contractor shall comply with section 247A(e) of the
Immigration and Nationalization Act, the Americans with Disabilities Act, and all
prohibitions against discrimination on the basis of race, religion, sex, creed, national
origin, handicap, marital status, or veteran's status. Violation of such laws shall be
grounds for Contract termination.
3.12 Lobbvin2 and Inte2rity: pursuant to section 216.347 of the Florida Statutes, the
Contractor may not expend any State funds for the purpose of lobbying the Legislature,
the judicial branch, or a state agency. In addition, the Contractor shall not, in connection
with this or any other agreement with the City, directly or indirectly (1) offer, confer, or
agree to confer any pecuniary benefit on anyone as consideration for any State officer or
employee's decision, opinion, recommendation, vote, other exercise of discretion, .or
violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity
for the benefit of or at the direction or request of, any City employee. For purposes of
, .'
clause (2), "gratuity" means any payment of more than nom1Oal monetary value 10 the
form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances,
deposits of money, services, employment, or contracts of any kind. Upon request of :he
City's Contract Manager, or other authorized City official, the Contractor sh~ll'provi~e
any type of information the Inspector General deems relevant to the Contractor s 10tegnty
13
or responsibility. Such information may include, but shall not be limited to, the
Contractor's business or financial records, documents, or files of any type or form that
refer to or relate to the Contract. The Contractor shall retain such records for the longer
of (1) three years after the expiration of the Contract. The Contractor agrees to reimburse
the City for the reasonable costs of investigation incurred by the Contract Manager or
other authorized City official for investigations of the Contractor's compliance with the
terms of this or any other a~'Teement between the Contractor and the City which results in
the suspension or debarment of the Contractor. Such costs shall include, but shall not be
limited to: salaries of investigators, including overtime; travel and lodging expenses; and
expert witness and documentary fees. The Contractor shall not be responsible for any
costs of investigations that do not result in the Contractor's suspension or debarment.
3.13 Indemnification: The Contractor shall be fully liable for the actions of its agents,
employees, partners, or subcontractors and shall fully indemnify, defend, and hold
harmless the City and their officers, agents, and employees, from suits, actions, damages,
and costs of every name and description, including attorneys' fees, arising from or
relating to personal injury and damage to real or personal tangible property alleged to be
caused in whole or in part by Contractor, its agents, employees, partners, or
subcontractors; provided, however, that the Contractor shall not indemnify for that
portion of any loss or damages proximately caused by the negligent act or omission of the
City.
Further, the Contractor shall fully indemnify, defend, and hold harmless the City from
any suits, actions, damages, and costs of every name and description, including attorneys'
fees, arising from or relating to violation or infringement of a trademark, copyright,
patent, trade secret or intellectual property right; provided, however, that the foregoing
obligation shall not apply to the Customer's misuse or modification of Contractor's
products or a Customer's operation or use of Contractor's products in a manner not
contemplated by the Contract or the purchase order. If any product is the subject of an
infringement suit or in the Contractor's opinion is likely to become the subject of such a
suit, the Contractor may at its sole expense procure for the Customer the right to continue
using the product or to modify it to become non-infringing. If the Contractor is not
reasonably able to modify or otherwise secure the Customer the right to continue using
the product, the Contractor shall remove the product and refund the Customer the
amounts paid in excess of a reasonable rental for past use. The Customer shall not be
liable for any royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any
legal action are contingent upon the Customer giving the Contractor (1) written notice of
any action or threatened action, (2) the opportunity to take over and settle or defend any
such action at Contractor's sole expense, and (3) assistance in defending the action at
Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or
compromise incurred or made by the Customer in any legal action without the
Contractor's prior written consent, which shall not be unreasonably withheld.
Except as specified in the foregoing portions of this section, for all other cla~ms agai~st
the Contractor under any individual purchase order, and regardless of the baSiS on which
the claim is made, the Contractor's liability under a purchase order for direct "damages
shall be limited to the greater of $100,000, the dollar amount of the purchase order, or
two times the charges rendered by the Contractor under the purchase order. Unless
otherwise specifically enumerated in the Contract or in the purchase order, no party shall
14
be liable to another for special, indirect, punitive, or consequential damages, including
lost data or records (unless the purchase order requires the Contractor to back-up data or
records), even if the party has been advised that such damages are possible. No party
shall be liable for lost profits, lost revenue, or lost institutional operating savings. The
Customer may, in addition to other remedies available to them at law or equity and upon
notice to the Contractor, retain such monies from amounts due Contractor as may be
necessary to satisfy any claim for damages, penalties, costs and the like asserted by or
against them. The City may set off any liability or other obligation of the Contractor or
its affiliates to the State against any payments due the Contractor under any contract with
the City.
3.14 Suspension of Work: The City may in its sole discretion suspend any or all activities
under the Contract, at any time, when in the best interests of the City to do so. The City
shall provide the Contractor written notice outlining the particulars of suspension.
Examples of the reason for suspension include, but are not limited to, budgetary
constraints, declaration of emergency, or other such circumstances. After receiving a
suspension notice, the Contractor shall comply with the notice and shall not accept any
purchase orders. Within ninety days, or any longer period agreed to by the Contractor,
the City shall either (1) issue a notice authorizing resumption of work, at which time
activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle
the Contractor to any additional compensation.
3.15 Termination for Convenience: The City, by written notice to the Contractor, may
terminate the Contract in whole or in part when the City determines in its sole discretion
that it is in the City's interest to do so. The Contractor shall not furnish any product after
it receives the notice of termination, except as necessary to complete the continued
portion of the Contract, if any. The Contractor shall not be entitled to recover any
cancellation charges or lost profits.
3.16 Termination for Cause: The City may terminate the Contract if the Contractor fails to
(1) deliver the product within the time specified in the Contract or any extension, (2)
maintain adequate progress, thus endangering performance of the Contract, (3) honor any
term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement.
Rule 60A-l.006(3), Florida Administrative Code, governs the procedure and
consequences of default. The Contractor shall continue work on any work not
terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be
liable for any excess costs if the failure to perform the Contract arises from events
completely beyond the control, and without the fault or negligence, of the Contractor. 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 the Contractor and the
subcontractor, and without the fault or negligence of either, the Contractor shall not be
liable for any excess costs for failure to perform, unless the subcontracted products were
obtainable from other sources in sufficient time for the Contractor to meet the required
delivery schedule. If, after termination, it is determined that the Contractor was not in
default or that the default was excusable, the rights and obligations of the parties shall be
the sa~e as if the termination had been issued for the convenience of the City. The rights
and remedies of the City in this clause are in addition to any other rights and remedies
provided by law or under the Contract.
15
3.17 Force Maieure, Notice of Delav, and No Damae.es for Delav: The Contractor shall not
be responsible for delay resulting from its failure to perform if neither the fault nor the
negligence of the Contractor 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 the Contractor's control, or for any of the foregoing
that affect subcontractors or suppliers if no alternate source of supply is available to the
Contractor. In case of any delay the Contractor believes is excusable, the Contractor
shall notify the Customer in writing of the delay or potential delay and describe the cause
of the delay either (I) within ten (l 0) days after the cause that creates or will create the
delay first arose, if the Contractor could reasonably foresee that a delay could occur as a
result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the
Contractor first had reason to believe that a delay could result. THE FOREGOING
SHALL CONSTITUTE THE CONTRACTOR'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 the Customer. The Contractor shall not be
entitled to an increase in the Contract price or payment of any kind from the Customer or
City 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 the Contractor shall perform at no
increased cost, unless the City determines, in its sole discretion, that the delay will
significantly impair the value of the Contract to the Customer, in which case the City may
(I) accept allocated performance or deliveries from the Contractor, provided that the
Contractor grants preferential treatment to Customer with respect to products subjected to
allocation, and/or (2) purchase from other sources (without recourse to and by the
Contractor for the related costs and expenses) to replace all or part of the products that
are the subject of the delay, which purchases may be deducted from the Contract
quantity, or (3) terminate the Contract in whole or in part.
3.18 EQuitable Ad1ustment: The City may, in its sole discretion, make an equitable
adjustment in the Contract terms and/or pricing if pricing or availability of supply is
affected by extreme and unforeseen volatility in the marketplace, that is, by
circumstances that satisfy all the following criteria: (1) the volatility is due to causes
wholly beyond the Contractor's control, (2) the volatility affects the marketplace or
industry, not just the particular Contract source of supply, (3) the effect on pricing or
availability of supply is substantial, and (4) the volatility so affects the Contractor that
continued performance of the Contract would result in a substantial loss.
3.19 Scope Chane.es: The City may unilaterally require, by written order, changes altering,
adding to, or deducting from the Contract specifications, provided that such changes are
within the general scope of the Contract. The City may make an equitable adjustment in
the Contract price or delivery date if the change affects the cost or time of p.erformance.
Such equitable adjustments require the written consent of the Contractor, ~hlch shall ~~t
be unreasonably withheld. If unusual quantity requirements arise, the Clty may SOhClt
separate bids to satisfy them.
16
3.20 Renewal: Subject to Chapter 287 of the Florida Statutes, and upon mutual agreement,
the City and the Contractor may renew the Contract, in whole or in part. Any renewal
shall be in writing and signed by both parties.
3.21 Advertisin2.: The Contractor shall not publicly disseminate any information concerning
the Contract without prior written approval from the City, including, but not limited to
mentioning the Contract in a press release or other promotional material, identifying the
City as a reference, or otherwise linking the Contractor's name and either a description of
the Contract or the name of the City in any material published, either in print or
electronically, to any entity that is not a party to Contract, except potential or actual
authorized distributors, dealers, resellers, or service representative.
3.22 Assienment: The Contractor shall not sell, assign or transfer any of its rights, duties or
obligations under the Contract.
3.23 Dispute Resolution: Any dispute concerning performance of the Contract shall be
decided by the Contract Manager, who shall reduce the decision to writing and serve a
copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive unless within ten (10) days from the date of receipt, the Contractor files with
the City a petition for administrative hearing. The City's decision on the petition shall be
final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida
Statutes.
3.24 Emplovees, Subcontractors, and Aeents: All Contractor employees, subcontractors, or
agents performing work under the Contract shall be properly trained technicians who
meet or exceed any specified training qualifications. Upon request, Contractor shall
furnish a copy of technical certification or other proof of qualification. All employees,
subcontractors, or agents performing work under the Contract must comply with all
security and administrative requirements of the Customer. The City may conduct, and
the Contractor shall cooperate in, a security background check or otherwise assess any
employee, subcontractor, or agent furnished by the Contractor. The City may refuse
access to, or require replacement of, any personnel for cause, including, but not limited
to, technical or training qualifications, quality of work, change in security status, or non-
compliance with a Customer's security or other requirements. Such approval shall not
relieve the Contractor of its obligation to perform all work in compliance with the
Contract. The City may reject and bar from any facility for cause any of the Contractor's
employees, subcontractors, or agents.
3.25 Security and Confidentiality: The Contractor shall comply fully with all security
procedures of the Customer in performance of the Contract. The Contractor shall not
divulge to third parties any confidential information obtained by the Contractor or its
agents, distributors, resellers, subcontractors, officers or employees in the course of
performing Contract work, including, but not limited to, security procedures~ business
operations information, or commercial proprietary information in the possesslOn of the
Customer. The Contractor shall not be required to keep confidential information or
material that is publicly available through no fault of the Contractor, material that the
Contractor developed independently without relying on the Customer's confidential
information or material that is otherwise obtainable under State law as a public record.
To insure confidentiality, the Contractor shall take appropriate steps as to its personnel,
agents, and subcontractors. The warranties of this paragraph shall survive the Contract.
17
3.26 Independent Contractor Status of Contractor: The Contractor, together with its
agents, distributors, resellers, subcontractors, officers and employees, shall have and
always retain under the Contract the legal status of an independent contractor, and in no
manner shall they be deemed employees of the Customer or deemed to be entitled to any
benefits associated with such employment. During the term of the Contract, Contractor
shall maintain at its sole expense those benefits to which its employees would otherwise
be entitled to by law, including health benefits, and all necessary insurance for its
employees, including workers' compensation, disability, and unemployment insurance,
and provide Customer with certification of such insurance upon request. The Contractor
remains responsible for all applicable federal, state, and local taxes, and all FICA
contributions.
3.27 Insurance Requirements: During the Contract term, the Contractor at its sole expense
shall provide commercial insurance of such a type and with such terms and limits as may
be reasonably associated with the Contract, which, as a minimum, shall be: workers'
compensation and employer's liability insurance per Florida statutory limits (currently
$100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all
employees engaged in any Contract work; commercial general liability coverage on an
occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of
the limit of liability), naming the City as an additional insured; and automobile liability
insurance covering all vehicles, owned or otherwise, used in the Contract work, with
minimum combined limits of $500,000, including hired and non-owned liability, and
$5,000 medical payment. Providing and maintaining adequate insurance coverage is a
material obligation of the Contractor and is of the essence of the Contract. Upon request,
the Contractor shall provide certificate of insurance. The Contract shall not limit the
types of insurance Contractor may desire to obtain or be required to obtain by law. The
limits of coverage under each policy maintained by the Contractor shall not be interpreted
as limiting the Contractor's liability and obligations under the Contract. All insurance
policies shall be through insurers authorized to write policies in Florida.
3.28 Service: If a Customer is unable to obtain service/warranty within the time specified, or
if difficulties are encountered in obtaining service from the Contractor's designated
service location, the Customer shall notify the individual designated on the Contractor's
ordering instruction sheet, who shall then arrange and coordinate service by an alternate
service dealer at no additional cost to the Customer.
3.29 Warrantv of Authoritv: Each person signing the Contract warrants that he or she is
duly authorized to do so and to bind the respective party to the Contract.
3.30 Warrantv of Abilitv to Perform: The Contractor shall return with these bid documents
prooEof a Certificate of Status from the Secretary of State, Division of Corporations,
demonstrating that the Contractor is in good standing and legally authorized to transact
business in Florida. The Contractor warrants that, to the best of its knowledge, there is
no pending or threatened action, proceeding, or investigation, or any other legal or
financial condition, that would in any way prohibit, restrain, or diminish the Contractor's
ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any
affiliate is currently on the convicted vendor list maintained pursuant to section 287.133
of the Florida Statutes, or on any similar list maintained by any other state or the federal
government. The Contractor shall immediately notify the Department in writing if its
ability to perform is compromised in any manner during the term of the Contract.
18
3.31 Notice: All notices required under the Contract shall be delivered by certified mail,
return receipt requested, by reputable air courier service, or by personal delivery. Notices
to the City shall be delivered to the Contract Manager identified in the Instructions to
Bidders. Notices to the Contractor shall be delivered to the person who signs the
Contract. Either designated recipient may notify the other, in writing, if someone else is
designated to receive notice.
3.32 Modification of Terms: The Contract contains all the terms and conditions agreed upon
by the parties, which terms and conditions shall govern all transactions by Customer
under the Contract. The Contract may only be modified or amended upon mutual written
agreement of the City and the Contractor. No oral agreements or representations shall be
valid or binding upon the City or the Contractor. No alteration or modification of the
Contract terms, including substitution of product, shall be valid or binding against the
Customer unless authorized by the City or specified in the notice of award. The
Contractor may not unilaterally modify the terms of the Contract by affixing additional
terms to product upon delivery (e.g., attachment or inclusion of standard preprinted
forms, product literature, "shrink wrap" terms accompanying or affixed to a product,
whether written or electronic) or by incorporating such terms onto the Contractor's order
or fiscal forms or other documents forwarded by the Contractor for payment. A
Customer's acceptance of product or processing of documentation on forms furnished by
the Contractor for approval or payment shall not constitute acceptance of the proposed
modification to terms and conditions.
3.33 Waiver: The delay or failure by the City to exercise or enforce any of its rights under
this Contract shall not constitute or be deemed a waiver of the City'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.
3.34 Execution in Counterparts: The Contract may be executed in counterparts, each of
which shall be an original and all of which shall constitute but one and the same
instrument.
3.35 Severability: If a court deems any provision of the Contract void or unenforceable, that
provision shall be enforced only to the extent that it is not in violation of law or is not
otherwise unenforceable and all other provisions shall remain in full force and effect.
19
'1CL
.. ,
AGENDA REQUEST
SA-0804
Date: October 10, 2008
PUBLIC
HEARING October 20, 2008 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Nancy Hansen, agent for Edgewater United Methodist Church, located at 211 N. Ridgewood
A venue is requesting a Special Activities permit for the Christmas Under the Palms event to be
held December 13, 2008.
BACKGROUND:
The event is scheduled for December 13,2008, with the hours of operation being from 9:00 a.m.
to 4:00 p.m. No outdoor entertainment or amplified public address system is proposed for this
event.
The applicant will be responsible for any law enforcement and other expenses the City incurs
during this event. Property owners within SOO-feet have been notified of the public hearing.
STAFF RECOMMENDATION:
The Technical Review Committee has reviewed the application and recommends approval of the
special activities permit to allow Edgewater United Methodist Church to hold the Christmas
Under the Palms event on December 13,2008, based on the following conditions:
1. Driveways must remain readily accessible to the rear of the building to allow emergency
vehicle access;
2. The occupant load of the assembly area may never be exceeded;
3. Daily fire, life safety and code inspections will be conducted throughout the duration of
the permit;
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the
Land Development Code and Ordinance 2002-0-04 (Noise Ordinance) of the Code of
Ordinances;
5. No parking is permitted in public right-of-ways or in the site visibility triangle;
6. U.S. Hwy I must be coned in front of the business to slow traffic and prevent accidents.
ACTION REQUESTED:
Motion to approve the special activities permit to allow Edgewater United Methodist Church to
hold the Christmas Under the Palms event on December 13, 2008, based on staffs
recommendations.
~ I
FINANCIAL IMPACT:(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES NO
PREVIOUS AGENDA ITEM:
If so, DATE:
YES NO X
-
AGENDA ITEM #
Respectfully submitted,
Concurrence:
;. ~:::b.r"\~-;-(( I {:)( <C~
Robin L. Matusick
Paralegal
rIm
'~1&~ "
~c . ng City Manager
SPECIAL ACTIVITY PERMIT
EDGEWATER UNITED METHODIST CHURCH
ADDRESS-211 N. RIDGEWOOD A VENUE
EDGEW A TER, FLORIDA 32132
APPLICANT -Nancy Hansen
FUNCTION: CHRISTMAS UNDER THE PALMS
SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activitv Permit has been issued for Edgewater United Methodist Church,
Christmas Under the Palms event, to be held December 13, 2008, with the hours of operation
being from 9:00 a.m. to 4:00 p.m. (1 day at $300.00 per day. Fee of $300.00 paid).
2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the
activity).
3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and
shall comply with parking requirements for that use.
4. A description of adequate provisions for parking will be supplied in advance to the
Development Services Department for staff review. Applicant must obtain written
permission from all property owners granting authorization to use their property for this
event, including use for parking facilities. Applicant will supply adequate manpower for
parking vehicles during the event.
5. Applicant will provide the City Clerk with a bond or an insurance policy to protect City from
liability in form and substance acceptable to City and in the amount of a minimum of
$200,000.
6. Sanitary facilities must be adequate for expected attendance and remain on site for the
duration of the event including potable water, if necessary.
7. The City shall provide scheduled and unscheduled inspections prior to and/or during the
special activity by police, fire, code compliance, building and/or city administration
representatives to monitor and ensure compliance with all applicable City, County and State
codes. Special activity permits that include outdoor entertainment may require a code
compliance officer to remain on site during the activity. The cost of said officer shall be
reimbursed to the City by the sponsor/promoter. Appropriate State agencies are responsible
for the inspection of amusement rides and public food preparation facilities.
8. The proposed use will substantially comply with the appropriate Life Safety Code and
Building Code requirements. Plans must be approved by Fire and Police Departments.
9. No signage for advertising the event shall be placed on any public right-of-way. Any signs
used for the event must be permitted and inspected by the Development Services
Department. All signs shall be removed within 1 day of the end of the event.
10. The proposed use is limited to a specific period of time listed on the Special Activity
Application, not to exceed one day.
11. The number of special activities at any given location or address shall not exceed one lO-day
period and two I-day charitable events/activity between the dates of January 1st through
June 30th; and one lO-day period and two I-day charitable events/activity between the dates
of July 1st through December 31st. A letter of authorization from property owner must be
supplied to the City.
12. The proposed use will operate only during the specific daily time period requested on the
application.
13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
14. It shall be the responsibility of the applicant of the special activity permit to ensure the
structural integrity of all temporary structures erected for special activities. The structures
are to be safe, structurally sound and of adequate capacity to service the number of persons
proposed to use the structure and must be removed with five (5) days of completion of the
special activity. The Building Official and Fire Marshal shall verify such compliance is
obtained.
15. No electrical cords to be placed across driveways or driving lanes.
16. No open flames permitted.
17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on
site at all times and be readily available. The quantity of fire extinguishers to be determined
by the Fire Department.
18. Access roadways must be maintained at a minimum width of 20 feet.
19. Overnight parking or camping is prohibited.
20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
21. Individual vendors must register with the City Clerk and food vendors must have proper
state inspections. {Department of Business and Professional Regulations will do inspections
(800-375-6975), fees may be required by the State}
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23. Any person or entity who shall conduct, operate or maintain a special activity and fails to
obtain a special activity permit shall be ordered to cease and desist and be punished by a fine
of three times the cost of the application fee as well as all associated City fees. No further
special activities shall be authorized until all penalties are current. A repeat offender shall
not be eligible for a special activity permit for a one-year period. A repeat offender is defined
as a sponsor/promoter who violates any of the conditions of the special activity permit more
than one time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off site parking will require a traffic detail.
26. No parking is permitted in public right-of-ways or in the site visibility triangle. (See Exhibit
"A" attached).
27. A Special Activity requesting road closures will provide "road closure signs" and barricades.
2
28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide
"congested area ahead" signs along with an additional generated light system that will
illuminate the area of crossing/congestion.
ADDITIONAL CONDITIONS PER FIRE MARSHAUPOLICE DEPARTMENT:
1. Driveways must remain readily accessible to the rear of the building to allow emergency
vehicle access,
2. The occupant load of the assembly area may never be exceeded,
3. Daily fire, life safety and code inspections will be conducted throughout the duration of the
permit,
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land
Development Code and Ordinance 2002-0-04 (Noise Ordinance) of the Code of Ordinances,
(Exhibit "B'').
5. U.S. Hwy 1 must be coned in front of the business to slow traffic and prevent accidents.
I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL
SERVICES ARE REQUIRED FOR THIS EVENT.
I have read and understand that I must comply with the above conditions.
Signature Date
Permit Reviewed/Approved by:
Police Chief Fire Chief
Permit issued by: Date
Darren Lear, Development Services Director
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and
Development Services Director
3
EXHIBIT "A"
21-38.03 - Site Triangle Requirements
a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet (2 W') to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
o LINE Of VISIBILITY
SO'
CORNER LOT
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(2JVISIBllrrY T~IA~Gl[
EXHIBIT "B"
Noise Ordinance #2002-0-04
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 I, when measured at
the property boundary ofthe 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 Catee:orv Time Sound Level Limit
( dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 50
CITY OF EDGEW A TER
SPECIAL ACTIVITY APPLICATION
This application must be completed in its entirety and submitted to the Planning Department at
least 60-days in advance of the activity. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION
FEE: $300/day
Of'-!-. I .J 2o~
Date
Applicant Name: _N ~~c" LeE. \-\~NSE..~
Sponsor/Organization Name: Eoc.,.E.w ~T'C.~ Lh.wT"E..p M ET~oDI~T c:~ U ~u.l
Applicant/Sponsor Address: 2oL1 \-\UB&€.LL ~T ED&E.W~TEte. ~L.B21~~
} ,
Address/Location of Event: 2. \ \ N. ~1l')6f:,.uOQD ~\lf. EDC.,.E.I.11Pl.TE-t.e t=.L 321 ~2
C'-'\Atl:.c..l-\ OFFIC€.. ~ \-\~N~E..N
Local Contact Telephone Number: 3~l(l 429..-lo55? Emergency # .3&[." 2.54.\-- \582.. WOf:.\(
Lt2..~-117S \-\0",,(.
Name of Event: (l~~RI5THPi5 Ul\.\DE.e.. T""E.. 1=>~u"s.
Description of Event: A.~\'5 +- Ct..p..PTS ~\+t:)w C H-u.J(.c..~ To "1'::)co, ~~~e..o ("TOOpS
) ~
a-e..\LL ~o~ t>ON~-n{)NS
Date(s) of Event: '"DE.C- \3) 2oo~ Time(s) of Event:---9 AM to Y. P'1
Set-up/Tear down dates: (if needed): 1)e..c.. \2. 12. pk -\-n g pM) 'Doc.. l~ {n#=\M-lcf11
Expected Attendance: '(')('J() +
Will admission be charged? ( ) Yes
(Y')'No
Will outside live/recorded music or sound amplification be used? ( ) Yes-Hours? .
Will vendors be at the event? (~es ( ) No How many?
If yes, please check the following that apply:
/ Food
(~o
Alcoholic beverages
~ Soft drinks
./ Arts/Crafts
Other (specify)
What equipment will be required/used? Check all that apply.
Water
Electricity
--L
-L
Barricades
Trash Cans
(How Many?)
(How Many?)
.3
g
Special Activity Rev: 6-06
Which of the following will be used?
-L Banner
../ Booth
-
./ Temporary Tents
Fireworks/Pyrotechnics
/ Temporary Signs
-L Canopy
Amusement Rides
-----L- Portable Restrooms (How Many?) 2-
Other (specify)
The following shall accompany this application:
~ Plan submitted to reflect location and number of vendors, parking layout,
and sanitary facilities.
/ A letter stating the applicant acknowledges that they are financially
responsible for all additional services provided by the City which may
include, but are not limited to the following: trash pick up, utilities, code
enforcement, law enforcement, etc.
/ The applicant shall post a bond or provide Insurance In the amount of
$200,000.00 to hold the City harmless of any and all liabilities.
I Submittal of a listing of all property owners within SOO-feet (listing to
include names and addresses of all owners and list shall be obtained from the
Volusia County Property Appraisers Office). Provide list via e-mail to
planning@citvofedgewater.org in dbf format. Listing printed from the
Property Appraisers website shall not be accepted.
Type of organization:
1 Non Profit
Charitable
For Profit
Individual
Tax Exempt # 74-0Ci-OSQ23lo - 55C..
Name of Organization or beneficiary
Federal J.D. # Tax #
SS #
Special Activity Rev: 6-06
2
If you are requesting City assistance with your event, please describe: tv)A
Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
within 30-minutes of the end of each day of the event. NJA
The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the
City of Edgewater Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits of the City Code. If valid noise complaints are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citizens' complaints, the source of the noise will be terminated.
Signature of applicant: (/7(~ ~~
Date: q - 2Q-Og
Special Activity Rev: 6-06
3
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Christmas Under the Palms
Edgewater United Methodist Church
204 Hubbell Street
Edgewater, FL 32132
September 28, 2008
City Of Edge water
PO Box 100
Edgewater, FL 32132
Attention: Planning Department
Dear Sirs,
Edgewater United Methodist Church acknowledges its financial liability for all additional services
provided by the City of Edgewater. These additional services may include, but are not limited to trash pick
up, utilities, code enforcement, and law enforcement. We are looking forward to a successful event.
Very truly yours,
C/?1~ ~LII~
Nancy Lee Hansen
Chairman, Christmas Under the Palms
,
J(CORDn. CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DDIYYYY)
07/09/08
PRODUCER 1-561-995-6706 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2255 Glades Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 400E
Boca Raton, FL 33431
Ana: 800-282-8011 ext 126 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Princeton Excess Surplus Lines Ins 10786
355011
Edgewater United M INSURER B: Lexington Ins Co 19437
211 N. RIDGEWOOD AVE INSURERC:Midwest Employers Cas Co 23612
EDGEWATER, FL 32132 INSURER 0: ,
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~SR ~o.,~~ POLICY EFFECTIVE POLICY EXPIRATION
TR POLICY NUMBER LIMITS
A ~ERAL LIABILITY G2A3EXOOOO023-00 12/31/07 12/31/08 EACH OCCURRENCE $1,000,000
X 3MMERCIAL GENERAL LIABILITY PREM~ES (E~~~J';~nce\ $
f--- CLAIMS MADE 0 OCCUR
f-- MED EXP (Anyone person) $
X Incl. $250,000 Self PERSONAL & ADV INJURY $
X Insured Retention GENERAL AGGREGATE $
n'L AGGREnE LIMIT APfl PER: PRODUCTS-COM~OPAGG $
POLICY ~~Rr LOC
A ~TOMOBILE LIABILITY G2A3EXOOOO023-00 12/31/07 12/31/08
COMBINED SINGLE LIMIT $1,000,000
ANY AUTO (Ea accident)
f--
f-- ALL OWNED AUTOS BODILY INJURY
$
~ SCHEDULED AUTOS (Per person)
X HIRED AUTOS
f-- BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
I--
X Incl. $250,000 Self
PROPERTY DAMAGE $
X Insured Retention (Per accident)
RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
B ~ESSIUMBRELLA LIABILITY 1033601 12/31/07 12/31/08 EACH OCCURRENCE $15,000.000
X OCCUR 0 CLAIMS MADE AGGREGATE $15.000.000
$
R DEDUCTIBLE $
RETENTION $ $
C WORKERS COMPENSATION AND EWC007817 12/31/07 12/31/08 X I T'1,f.~T ~Jg;, I IOJ~'
EMPLOYERS' LIABILITY $1.000.000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHIel.ES I EXCLUSIONS ADDEIl BY ENDORSEMENT I SPECIAL PROVISIONS
Florida Annual Conference of the United Methodist Church is an authorized self ins~er for; Auto Liabi1.ity
Certificate #3789; Workers Compe~~tion # 999-09749 $400.000 SIR.
Christmas Under the Palms 12/1~/6d
CERTIFICATE HOLDER
CANCi:ELlATION *10 day cr.nce11ation for premi1.llll non payment
SHOUUl ANY OF THE ABOVE DESCRIBED POLICIES BI CP,"l;~L\,ED III'OR. THE EXPIRATION
City of Edgewater DATE THEIU!Of', THE ISSUING INSURER WILL ENDEAVOR TO MAIL .~9,! DAYS WRITTEN
HOTICE TO THE CERTtFICATE HOLDER NAMED TO THE I.EII1, ~:r.,FP.ILUIl. TO DO SO SHALL
135 E Park Ave IMPOIE NO OBLIGATION OR LIABILITY OF ANY KIND UIION T~ IfVlURER. ITS AGENTS OR
REPRESENTATIVES.
Edgewater, FL 32132 AUTHORIZED REPRESENTATIVE d
USA ~~-
ACORD 25 (2001/08) anaruiz
9297857
@ ACORD CORPORATION 1988
SPF.rT AT, Af:nVTTY
REQUEST FORM
Surrounding Property Owners $25.00 Pre-Paid Flat Fee (please allow 5 business day for processing)
To be completed bv Property Owner or A2ent: Date of Request:
Tax Parcel Number: 7LfS2-0\- OO-OlSO
Check one below:
1. Adjacent only: 0
C8J
q-dCl-oR
2. Radius:
Number of feet needed 500 (ie 100, 300, 500 ft)
NAtoJc..y HP.NSEN ~ o~
E O(;.E.w~~f- \A N \TE P f'.\ E.-n\ at> I:> T ~\J 2.c.~
Owner or Agent Name:
Current Mailing Address: 2ot; \-\u&BEL..L &'j F'Dc;E.IAlR-n:.LJ FL- 32.132.
Phone Number: 38lD 42.S~ -(0552. Email Address (required if information is to be
sent in electronic format): Planning@CITYOFEDGEWATER.ORG
Owner or Agent Signature: L./7(~ C4~ ~ ,,~
Date q -~q -og
Select Desired Format:
Printed List (To be pick-up) Certified Printed List Required? (circle yes if needed) Yes
If picking up a printed list, please circle which office you would like to pick up from:
DeLand New Smyrna Beach Daytona Beach Orange City
OR
Check your selection from one of the Electronic Formats below. If an electronic
format is chosen, it will be em ailed to the email address provided above.
o Text (Tab Delimited)
o Excel (.xls)
o Lotus 1-2-3 (.wks)
~ Dbase (.dbf)
Please read the disclaimer below and initial. Request will not be processed without customer initials.
DISCLAIMER: Volusia County Property Appraiser and staff are constantly
working to provide and publish the most current and accurate information possible:
No warranties, expressed or implied are provided for the data herein, its use, or its
interpretation. No responsibility or liability is assumed for inaccuracies or errors.
Please govern yourself accordingly.
Customer Initials: tJJ-
.
Forward Request to: Sandy Hulvey, Volusia County Property Appraiser's Office
123 W. Indiana Avenue, Room 102
Deland, Florida 32720
Or FAX 386.740.5179
For questions, please call: 386.736.5903
PERMISSION TO PARK VEHICLES AND
RELEASE OF ALL LIABILITY
I, Muhammed Azam, owner ofthe property located at Lot 4, Indian River Estates, hereby give the
Edgewater United Methodist Church pennission to park vehicles on the above referenced property on
December 13,2008. The pennission is specifically for the activity "Christmas Under the Palms", The
pennission granted to the Edgewater United Methodist Church is contingent upon receipt of an insurance
binder, which would cover me in the event of any damage or injury to persons or vehicles on my property
as a result of this permission. It is also specifically agreed and understood that the Edgewater United
Methodist Church will indemnify and hold me harmless from any liability whatsoever in the event of any
claims or law suits that may arise out of vehicles being parked on my property December 13,2008.
,
(/?(~-P~/Y7/}P~
x.
\1"'-
,ij
Owner of Property
Chairman, Christmas Under,the Palms
Representing Edgewater United Methodist Church
l1nlk~ lJ.QJ)1o()lsr, CYlv1S~
LLnLt (( \f1;L,L
RU~
S8-mQLj-~f
FOR OFFICE USE L Y
POLICE DEPARTMENT
APPROVED .---- DENIED
COMMENTS/CONDITlON:- ~
SIGNATURE: (~~ ~ r
DATE '''/i?i~
I
FIRE DEPARTMENT
APPROVED DENIED
COMMENTS/CONDITIONS
DATE
SIGNATURE: ~')^'- C---
PLANNING DEP TMENT
APPROVED DENIED
COMMENTS/CONDJT2N~
SIGNATURE: b-- - 4A
f
BUILDING DEPARTMENT
APPROVED \(. DENIED
COMMENTS/~
SIGNATURE: ~___
CODE ENFORCEMENT
APPROVED DENIED
COMMENTS/CONDITIONS
SIGNA TURE: 2tt-~ Ci
DATE IP!~~
DA TE 10- 9'. 0 S--
DATE
Special Activity Rev: 6-06
4
'7b
AGENDA REQUEST
SA-OS03
Date: October 10, 200S
PUBLIC
HEARING October 20. 200S RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Paul Kramer, agent for Light of Calvary Church, located at 2140 N. Ridgewood Avenue is requesting a
Special Activities permit for a Fall Festival event to be held November 22, 200S.
BACKGROUND
The event is scheduled for November 22, 200S, with the hours of operation being from S:OO a.m. to S:OO
p.m. Outdoor amplified sound will be in use from 10:00 a.m. until 5:00 p.m.
The applicant will be responsible for any law enforcement and other expenses the City incurs during this
event. Property owners within 500-feet have been notified of the public hearing.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends approval of the special
activities permit to allow Light of Calvary Church to hold a Fall Festival event on November 22, 200S,
based on following conditions:
1. All driveways must remain readily accessible to allow emergency vehicle access;
2. The occupant load of the assembly area may never be exceeded;
3. Daily fire, life safety and code inspections will be conducted throughout the duration of the
permit;
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land
Development Code and Ordinance 2002-0-04 (Noise Ordinance) of the Code of Ordinances;
5. No parking is permitted in public right-of-ways or in the site visibility triangle.
ACTION REQUESTED
Motion to approve the special activities permit to allow Light of Calvary Church to hold a Fall Festival
event on November 22, 200S, based on staffs recommendations.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Concurrence:
..-J .
(~~r/hA~..LL-t-(~.:.z "0
Robin L. M~tusick
Paralegal
SPECIAL ACTIVITY PERMIT
LIGHT OF CALVARY CHURCH
ADDRESS-2140 N. RIDGEWOOD AVENUE
EDGEW A TER, FLORIDA 32141
APPLICANT-PAUL KRAMER
FUNCTION: FALL FESTIVAL
SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activitv Permit has been issued for Light of Calvary Church- Fall Festival, to be
held November 22, 2008, with the hours of operation being from 8:00 a.m. to 8:00 p.m. with
outdoor recorded music from 10:00 a.m. until 5:00 p.m. (1 day at $300.00 per day. Fee of
$300.00 paid).
2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the
activity).
3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and
shall comply with parking requirements for that use.
4. A description of adequate provisions for parking will be supplied in advance to the
Development Services Department for staff review. Applicant must obtain written
permission from all property owners granting authorization to use their property for this
event, including use for parking facilities. Applicant will supply adequate manpower for
parking vehicles during the event.
5. Applicant will provide the City with a bond or an insurance policy to protect City from
liability in form and substance acceptable to City and in the amount of a minimum of
$200,000.
6. Sanitary facilities must be adequate for expected attendance and remain on site for the
duration of the event including potable water, if necessary.
7. The City shall provide scheduled and unscheduled inspections prior to and/or during the
special activity by police, fire, code compliance, building and/or city administration
representatives to monitor and ensure compliance with all applicable City, County and State
codes. Special activity permits that include outdoor entertainment may require a code
compliance officer to remain on site during the activity. The cost of said officer shall be
reimbursed to the City by the sponsor/promoter. Appropriate State agencies are responsible
for the inspection of amusement rides and public food preparation facilities.
8. The proposed use will substantially comply with the appropriate Life Safety Code and
Building Code requirements. Plans must be approved by Fire and Police Departments.
9. No signage for advertising the event shall be placed on any public right-of-way. Any signs
used for the event must be permitted and inspected by the Development Services
Department. All signs shall be removed within 1 day of the end of the event.
10. The proposed use is limited to a specific period of time listed on the Special Activity
Application, not to exceed one day.
11. The number of special activities at any given location or address shall not exceed one lO-day
period and two I-day charitable events/activity between the dates of January 1st through
June 30th; and one 10-day period and two I-day charitable events/activity between the dates
of July 1st through December 31st. A letter of authorization from property owner must be
supplied to the City.
12. The proposed use will operate only during the specific daily time period requested on the
application.
13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
14. It shall be the responsibility of the applicant of the special activity permit to ensure the
structural integrity of all temporary structures erected for special activities. The structures
are to be safe, structurally sound and of adequate capacity to service the number of persons
proposed to use the structure and must be removed with five (5) days of completion of the
special activity. The Building Official and Fire Marshal shall verify such compliance is
obtained.
15. No electrical cords to be placed across driveways or driving lanes.
16. No open flames permitted.
17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on
site at all times and be readily available. The quantity of fire extinguishers to be determined
by the Fire Department.
18. Access roadways must be maintained at a minimum width of 20 feet.
19. Overnight parking or camping is prohibited.
20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
21. Individual vendors must register with the City Clerk and food vendors must have proper
state inspections. {Department of Business and Professional Regulations will do inspections
(800-375-6975), fees may be required by the State}
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23. Any person or entity who shall conduct, operate or maintain a special activity and fails to
obtain a special activity permit shall be ordered to cease and desist and be punished by a fine
of three times the cost of the application fee as well as all associated City fees. No further
special activities shall be authorized until all penalties are current. A repeat offender shall
not be eligible for a special activity permit for a one-year period. A repeat offender is defined
as a sponsor/promoter who violates any of the conditions of the special activity permit more
than one time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off site parking will require a traffic detail.
26. No parking is permitted in public right-of-ways or in the site visibility triangle. (See Exhibit
"A" attached).
27. A Special Activity requesting road closures will provide "road closure signs" and barricades.
2
28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide
"congested area ahead" signs along with an additional generated light system that will
illuminate the area of crossing/congestion.
ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT:
1. All driveways must remain readily accessible to allow emergency vehicle access,
2. The occupant load of the assembly area may never be exceeded,
3. Daily fire, life safety and code inspections will be conducted throughout the duration of the
permit,
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land
Development Code and Ordinance 2002-0-04 (Noise Ordinance) of the Code of Ordinances.
(Exhibit "B")
I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL
SERVICES ARE REQUIRED FOR THIS EVENT.
I have read and understand that I must comply with the above conditions.
Signature Date
Permit Reviewed/Approved by:
Police Chief Fire Chief
Permit issued by: Date
Darren Lear, Development Services Director
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and
Development Services Director
3
EXHIBIT "A"
21-38.03 - Site Triangle Requirements
a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet (2 W') to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
CORNER LOT
!2JVISIB1LrrY T~I"'.'GL[
EXHIBIT "B"
Noise Ordinance #2002-0-04
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 I, 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 Cate20rv Time Sound Level Limit
(dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 50
ql {2}
,.--
CITY OF EDGEW ATER
SPECIAL ACTIVITY APPLICATION
This application must be completed in its entirety and submitted to the Planning Department at
least 60-days in advance of the activity. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION
FEE: $300/day ,?/;{/~j'g
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Applicant Name: ;'~/IJlJ'-t Ct I t~/'/A.R(..f:/t!~'tJ:'f 'rA{.I/
Sponsor/Organization N:me: <"6)/'7 c:'-!y' /r;;),/i.U.,-'I /~3::&LA'('.;;
/.t' '" J' ~ JJ" . " ~
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Applicant/Sponsor Address: ~ Ii . ), /l/{!lL.;:dc(,;Lx.. /~' {.l/t'i J
Address/Location of Event: 'd-l lit:! (?r ;~if~)1.J"ic{''t. ()~ ~ ~ ;;Lifj,.t?" f 1,' 'j;~/t! l
~ \.,,1 .J .. ~
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Local Contact Telephone Number: ,:,>(.;'(.' {",() -:J/~f(/ Emergency# ,.,.\;-1:.:.-'/:-),:. >_.y/'yLI
Name of Event: (" ,;\\ ~-:. i. ;,' i:C:/i1/ ' '.' . b
Description of Event: ~:[/r';<";..J: >1 ~ '1:' fL,~, . i:'.;','r:"" (" M\-- (/if:.~~~~t/v,,"
aI-it?! (.1.... t? i: {~,.(~ tlL"-.tf!.!.:f a? {;;"':-4':/.1' ../
,j \' i ,- ('J U .0 fI 1..") ,/.r I}'
Date( s) of Event: \ " j,ik' c~ '~ Time(s) of Event: ,.I.y- f-\fo">' 1'1;. ~~< ~' 1) 10' [r'" ~
(' !
Set-up/Tear down dates: (if needed): If.. ;J:l-D S'
I
Expected Attendance: A/ /4
Vlill admission be ~a~.ged? l~ es ~) No /t?"C,<(/v-- -r; S':' 0 cP' i~""'"
Will outside liv recorded music ar sound amplification be used? Ck) Yes-Hours? '7 () No
Will vendors be at the event? oQ Yes *'N 0 How ma~lY? /
If yes, please check the following that apply:
-X Food
Alcoholic beverages
).( Soft drinks
Arts/Crafts
Other (specify)
What equipment will be required/used? Check all that apply,
'j Water
)/ Electricity
Barricades (How Many?)
X: Trash Cans (How Many?) ..'f~
,JI
Special Activity Rev: 6-06
1
Which of the following will be used?
X Banner
Booth
..>< Temporary Tents
Fireworks/Pyrotechnics
Temporary Signs
Canopy
"/
-4- Amusement Rides
POliab1e Restrooms
(How Many?)
Other (specify)
The following s11ll accompany this application:
J Plan submitted to reflect location and number of vendors, parking layout,
/ and sanitary facilities.
~ A letter stating the applicant acknowledges that they are financially
responsible for all additional services provided by the City which may
include, but are not limited to the following: trash pick up, utilities, code
/ enforcement, law enforcement, etc.
tL.- The applicant shall post a bond or provide msurance 111 the amount of
/$200,000.00 to hold the City harmless of any and all liabilities.
LL- Submittal of a listing of all property owners within 500-feet (listing to
include names and addresses of all owners and list shall be obtained from the
V olusia County Property Appraisers Office). Provide list via e-mail to
planning@cityofedgewater.org in dbf format. Listing printed from the
Property Appraisers website shall not be accepted.
Type of organization:
..J( Non Profit
Charitable
For Profit
Individual
Tax Exempt # SI.~":;'1 g j7l3
Name of Organization or beneficiary
Federal LD. #
SS #
Tax #
Special Activity Rev: 6-06
2
If you are requesting City assistance with your event, please describe:
Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
within 30-minutes of the end of each day of the event.
The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the
City of Edgewater Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits ofthe City Code. If valid noise complaints are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citizens' comPlaiI' the source of the noise will be terminated,
/'
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SIgnature 0 app Icant: I)..;!.<k\ I "'\"'N'l-{\..~. \.
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Date:
Special Activity Rev: 6-06
3
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7'~l:~~~~~'$~~~"~Bi?;~.Jaj~_a;~~i!i:iE?~
FOR OFFICE USE ONLY
POLICE DEPARTMENT
APPROVED ~ DENIED
COMMENTS/CONDITIONS
SIGNATURE[!\LJr~ ~~
DATE~QJ1.
FIRE DEP ARTlVillNT
APPROVED DENIED
COMMENTS/CONDITIONS
DATE
SIGNA TURE: "'~-=f.J"-. (~~--~-
PLANNING DEP~TMENT
APPROVED DENIED
COMMENTS!C3J~t:
SIGNATURE:
BUILDING DEPARTMENT
APPROVED ,,;1 DENIED
COMMENTs/eONDITIONS
SIGNATURE: ~
CODE ENFORCEMENT
APPROVED DENIED
COMMENTS/CONDITIONS
~
DATE~
DATE /0 -9 "'0"(
DATE
SIGNA TURE: _ ~~jA- C~~_--------
.-
- ....,
-
Snecial A ctivitv Rev: 6..06
4
FROM
DUNN RSSOC INSURRNCE INC
PHONE NO.
3862553573
SEP. 22 2008 08:32RM P1
'C..." \
CERTIFICATE OF LIABiliTY INSURANCE OP 10 LH OA TE (MMJDDNY'YYI
A~oRr;t L!GCA:t1 09/22/08
pRODUC~R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
D\lnn Ii AssoC. Insurance Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
www.d\lnn-insurance.com AI- iER THE COVERAGE AFFORDE.D BY THE POLICIES BELOW.
324. W. Int'l. Speedway Blvd.
Daytona aeach FL 32114-4289 INSURERS AFFORDING COVERAGE NAIC#
Phone: 386-255-2477 Fax:386-255-3573
INsURED ., ,~- -.- ' ..~
INSURER A: PENN..AmBric",: Insu:r:a.nce CO. ....--
INsuRER Il: .- -' ...
......
Li~ht of calva~ Cpurch INSURER C: -
29 3 Woodland Drive INSURER 0:
Edqewater FL 32141-5519 .. ..' -
INSURER 10:
THE POLICIES Of INSuRANCE L1S'l'ED BELOW HAVe BEEN ISSUED TO THE INSURED t-IAME:D ABOVE FOR THE POLICY PERIOD INDICA'TeD. NOTWITHSTANDING
ANY REQUlfl€iMENT. TERM Ol'l CONDrnON OF ANY CONTRACT OR OTHER DOCllMENT WITH RESPECT TO WHICH THIS CERTIfICATE MAY liE ISsueD OR
rMY Pt;:RTAIN, 'tHE INSURANt:E Af'FORDED BY THE POLICIES DESCRlllE;;D HEREIN 16 SUBJECT TO ALL THE noRMS, EXCLUSIONS AND CONDITIONS OF SUCH
rOLICIES. AGGREGA'TE LIMITS SHOWN MAY HAVE 8El':N REOUCED BY PAID CLAIMS.
1 - OATliiMMJDOJWr DATE (MMIDD~~N I . ..--
LTR NSR[ TYPE OF INSUAANCE POLICy NUMBER LlImTS
GENEAAlllABILlTY ~;H. occuR.RF.NCE S.!;., 000,000
I-- PAC676S783 04/25/08 04/25/09 iMA
A X ~ COMMeRCIAl, GENERAL LIABILITY ~~S (ED oocufetlCe) S ~O! 000
~"''' :J CLAIMS MADe ~ OCCUR . ~~ EXP (Any OM person) $5 000
......
$509 ded PERSONAL & ADV INJURY sl, 000 J. 000
I-- -...,--
. GENERAL AGGREGATE $ ~..' .OO.q_L~
-
GEN'L AGGR.E;;Gf,TE LIMIT AFAS PER: PRODUCTS. COMPIDP MG $ 1,000, q.~g
iX"1 ' n PRO. ..'
X POLlCY ,IECT LOC
AuTOMOElILE LlABILlTY COMBINED SINGLE LIMIT
I ANY AUTO (Ea occident) $
I~ .-...-..-.
ALL OWNED AUTOS
I-- eo OIL Y INJURY ~.
SCHEDULED AUTOS (Per person)
,-- .......----.. .....-
HIRED AUTOS sODILY INJURY
- S
NON.OWNED AUTOS (~er eccldent)
'- I--~.- ----..
1---. ..,-,-- PROpeRTY OAMAGE $
(Per eccldent)
~~RAG~ LIABILITY . ~l!I.? ONLY - EA ACCIDENT $
ANY AUTO EAACC $
OTHER THAN
AUTO ONLY: --'--~...., ....-,-"^"~_.--
AGG S
EXCESSlUMBRELLA LIABILITY EACfi OCCURRENCE $
~ OCCuR o CLAIMS MADE AGGREGATE $
$
R DgDUCTIBLE ------_.~
$
RETENTION $ S
WORK~RS CO~\PENSATION AND ITB'~Y"~I~W$I IV~~'
EMPLOYERS' LIABILITY ..:'~ ~-"",""'_.I"._",",-.......""'_"
ANY PROPRIETOR/PARTNER/EXECUTIVE El. EACH ACCIDENT $
OFFICER/MEMBeR EXCLUDED? E,L, DISEASI: . EA EMPLOYE~ ~.......----.........-...........~"" .---
~ml~t~~:6V1~~~s b.lcw $
OTHEll E.L DISEA:;>E " POLICY LIMIT $
DESCRIPTION Of OI'EAATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The listed Certif~cate Holder is also listed as an Additional Insured for
the Church event held on 11/22/08
CgRTIFICATE HOLDER
coVERAGES
c~t;.y of Edgewater
fa~ # 386-424-2423
P.O. Box 100
Edgew~ter FL 32132
CANCELLATION
C _ EOGEW SHOULD ANY OF THE ABOVE DESCRlaE;O POLICIES ElE CANCELLED eEfORE THE EXPIRATION
OATE THEREOF. THE ISSUING INSURER WIL ENO Ofl TO MAIL 10 CAYS WRITT~1'l
NOTIC~ TO THI! CERTIFICATE HOLJ:lER NOTa H LEFT. !lUT F~ TO DO SO SHALl.
IMPOSE NO O!lLlGATION OR L1A!lILI NY K 0 UP THE INSURER, ITS AGENTS OR
REPRESEN'rATIVES.
AUTIlOR~EO Ilj;PRESENTATIVE
ACORD 25 (2001/08)
':"1
Surrounding Property Owners
CO"">>,
!REQUEST FORMj . ,.,
$25.00 Pre-Paid Flat Fee (please allow 5 business day for processing)
To be completed bv Property Owner or Al!.ent:
Date of RequestPl
Tax Parcel Number:
Check one below:
~402' 00'00, OJ-3\
1. Adjacent only: 0
2. Radius: )Q Number of feet n~eded ra:j:) (ie 100, 300, 500 ft)
Own'" 0' AgentN=e ~t\ i, ~\l!~~,\ e,hu ~ J\
Current Mailing Address: ~ \ '{u 5 1 ~\ \J <u\ S ) rtt ~.,
Phone Number:"1't\;' ~l1 - d-..l~' b Email Address (required if information is to be sent in
electronicformat): Ie @ (l-b-j o-f-e.Jg-eV\JoteY. org
Owner or Agent Signarur'c:;: ''('{'f'(i'-~'\ Date ~
Select Desired Format:
Printed List (To be pick-up) Certified Printed List Required? (circle yes if needed) Yes
If pickinl!: up a printed list please 0 office to pick UP from:
o DeLand 0 New Smyrna Beach
o Daytona Beach
o Orange City
OR
o your selection from one of the Electronic Formats below. If an electronic format is chosen, it will be
emailed to the email address provided above.
o . Text (Tab Delimited)
o Excel (.xls)
o Lotus 1-2-3 (.wks)
Dbase (.dbf)
Please read the disclaim~r below and initial. Request will not be processed without customer initials.
DISCLAIMER: Volusia'County Property Appraiser and staff are constantly working to provide and
publish the most current and accurate information possible. No warranties, expressed or implied are
provided for the data herein, its use, or its interpretation. No responsibility or liability is assumed for
inaccuracies or e~rors. ~l se govern yourself accordingly.
Customer Initials:
Received by Staff:
P A Office: NS fb
Paid? .~..tS...
Forward Request to:
Sandy Hulvey, Vo1usia County Property Appraiser's Office
123 W. Indiana Avenue, Room 102
Deland, Florida 32720
OrFAX 386.740.5179
For questions, please call: 386.736.5903
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Light of Calvary East Coast Church
540 N. Dixie Fwy.
New Smyrna Beaeh, F132168
Phone 386-426-8240
To whom itma-y (-,oncern;
T' 1" 0....,;. n I '. ......1 l' , . '11 t' '..'l' '! "
L-,lglt r t.fi'vary I~A1UtC 1 is aware tnal \'Ve ~i1:e reSpmlS1J0 ' or fln,y RGUltKma cost OT
services that mriy be needed by the cit:y iJfEdg,ewater. ,"
\Ve will have a tenm Ih 4,h~~n Uji ;a:ftcI' th{~ ~~lJnril fihd pJi-m to hay.e the proP(;[ amount of
trashcans provided: The eyeilt wiiI lie in the dil)' light bours so no lights wiiI be required.
Any other electricity "\viHbe provided by LQC Church~ .'
I would like to thank )~Oll in'advance fm'yoLll' consideration in thisnmtter.
In his Service
Pastor P~uI Kmmuer'
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qQ
AGENDA REQUEST
Date: October 10, 2008
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS October 20, 2008
ITEM DESCRIPTION:
Ratification of the Coastal Florida Public Employees Association Agreement (General
Employees Union Contract).
BACKGROUND:
The changes in this agreement are presented in an underlined and strikethrough format. The
changes are:
. Article 22 - Employees will receive an additional floating holiday.
. Article 32 - For FY 2008-2009, employees will receive a 3% wage increase retroactive to
October 5, 2008. This article includes a me too clause.
Labor counsel, David Young, has reviewed this contract. The bargaining unit held a ratification
vote on October 8, 2008.
STAFF RECOMMENDATION:
Staff recommends approval of the Coastal Florida Public Employees Association Agreement as
negotiated and presented.
ACTION REQUESTED:
Motion to approve the Coastal Florida Public Employees Association Agreement for the fiscal
years 2008-2009.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO-X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
~~~~
Donna Looney G
Personnel Director
~~~~lA:j;t~
Robin L. Matusick
Paralegal
ARTICLE 22
HOLIDAYS
The City will recognize the following as paid holidays:
New Years
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
A. If a holiday falls on a Saturday, the holiday will be observed on the Friday before
the holiday. If the holiday falls on a Sunday, the holiday will be observed on the
Monday following the holiday.
B. For those employees working rotating shifts, if the actual holiday falls on an
employee's off duty day, the employee shall elect either to receive an additional
day's compensation paid at-his regular rate of payor take a day off within 12
months after the holiday. If the Department Director denied multiple request for
time off, after 12 months the employee may receive the additional day's
compensation.
C. For those employees working rotating shifts, if the actual holiday falls on an
employee's on duty day, he shall be compensated at the rate of time and one half
his regular rate of pay for all hours worked on the holiday in addition to his
holiday pay.
D. Holiday pay shall not be withheld for any reason other than being waived by the
employee with the concurrence of the Department Head. In lieu of holiday pay,
Coastal Florida Public Employees Association Agreement 37
April 21, 2008
ARTICLE 32
WAGES
For fiscal year 2007 2008 2008-2009, all eligible employees shall receive a 3% increase
in their hourly rate of pay retroactive to October + ~, 2001 .8.. This increase is only applicable to
fiscal year 2007 2008 2008-2009, and any increases in subsequent years must be mutually
bargained for by the parties. Employees are not eligible for this increase until they have been
deemed a regular employee.
In the event that retroactive pay is provided as a result of timely ratification by the
bargaining unit members, only those hours actually worked shall be eligible for retroactive pay.
No retroactive pay shall be paid for any other compensation, including any pay as a result of sick
or vacation leave cash in pursuant to Article 23 or 24.
If the City voluntarily negotiates an across the board wage increase for fiscal year ~
~ 2008-2009 for members of any other bargaining unit with a percentage of increase for
hourly rate of pay which exceeds the one time 3% increase set forth above applicable to fiscal
year 2007 2008 2008-2009, all eligible employees shall be granted the same improvement.
Coastal Florida Public Employees Association Agreement 53
April 21, 2008
qb
AGENDA REQUEST
c.A. #2008-147
Date: October 10, 2008
PUBLIC
HEARING
RESOLUTION
ORDINANCE
OTHER
BUSINESS October 20, 2008
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION:
Review of draft Vision Plan
BACKGROUND:
In June of this year the City Council had approved the Central Florida Sustainable Communities
Initiative (CFSCI) Agreement in order to complete a visioning process for the City. Since then,
the City Council, staff, board members, and community residents have participated in two public
workshops to identify future growth objectives and designs for the City.
Ideas and concepts from the two public workshops have been evaluated and are identified in
preparation for a Vision Plan that will be used to finalize the Community Vision Book. Once the
vision plan is agreed upon and the Community Vision Book is approved by the City Council,
staff will utilize it for direction as it relates to future planning and zoning initiatives. We
currently are planning to present the final Community Vision Book on December 8, 2008.
ST AFF RECOMMENDATION:
Staff recommends that the City Council evaluate the draft Vision Plan and provide comments
and/or recommendations regarding in any additional changes desired prior to final approval.
ACTION REQUESTED:
City Council evaluates the draft Vision Plan and provides comments and/or recommendations
regarding any additional changes desired prior to final approval.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES NO
PREVIOUS AGENDA ITEM:
Ifso, DATE:
YES NO
-
AGENDA ITEM #
Respectfully submitted,
Concurrence:
~~tf;'J"\
Robin L. Matusick l
Paralegal
TENTATIVE AGENDA ITEMS
NOV 3 (items due lOurs 10/23)
NOV 17 (items due lOurs 11106)
DEC 1 (items due TRurs 11120) MOVE TO DEC 8
1) Presentation Final Cemmunity VisieR Book
DEC 8 (items due Wed 11126)
1) Presentation Final Community Vision Book
DEC 15 (items due lOurs 12/04) - CANCEL
JAN 5 (items due lOurs 12/24)
JAN 19 (items due lOurs 1/8) - CANCEL (MARTIN LUTHER KING BOLIDA Y)
UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPART APPS RECEIVED
1) SeaGate - Edgewater Lakes Phase II PUD Agreement
2) Restoration 442 DR! -- approx 5,000 acres
3) Coastal Oaks - Haynes sm scale camp plan amend
4) Rezoning, JoneslPutnam - 1 acre @ 1155 Old Mission Road (RZ-0515)
5) Rezoning, Jones/ASD Properties - 110.66 acres - PUD (RZ-0508)
6) Hickey Residential (RZ-0505)
7) 1st R, Ord. #2007-0-, 442 rezonings
8) Washington Park preliminary plat approval
9) 2nd R, 2008-0-10 Hammock Creek Green Comp Plan Amendment
DEVELOPMENT SERVICES (pLANNING) DEPARTMENT PROJECTS
1) Subdivision Architectural Design Standards
2) US # 1 Corridor Guidelines
3) Capital Improvement Element
4) Recreation/Open Space Element
5) Capital Improvement Plan
F:\Council Agenda's\Tentative Agenda Li51\2008\aitems 11-03-08.doc
Rev. 9/2-08