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08-10-2009 - Workshop/Regular A GENERAL FUND BUDGET WORKSHOP WILL BE HELD AT 5:00 P.M., PRIOR TO THE REGULAR COUNCIL MEETING, IN COUNCIL CHAMBERS Voting Order Mayor Thomas Councilwoman Rogers Councilwoman Bennington Councilwoman Rhodes Councilman Cooper AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING August 10, 2009 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDE~ ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a. Regular Meeting - June 15, 2009 b. Regular Meeting - July 20, 2009 3. PRESENT A TIONSIPROCLAMA TIONSIPLAQUES/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. APPROVAL OR CHANGES/MODIFICA nONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2nd Readine: Ordinance No. 2009-0-05; Amending and Restating Chapter 12.5 (parks and Recreation) of the Code of Ordinances. b. Resolution No. 2009-R-15; Designating specific City parks in which leashed canines are permitted. 9. BOARD APPOINTMENTS - None at this time City Council Agenda August 10,2009 Page -2- 10. OTHER BUSINESS a. Amendment No. 2 to the Curbside Residential Recycling Agreement between the City of Edgewater and Southard Enterprises. b. Award of contract for Independent Audit services for Fiscal Years 2009 thru 2011. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN Note: All items for inclusion on the September 14,2009, agenda must be received by the City Clerk's office no later than 12:00 pm, Thursdav, September 3, 2009. 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:r 1/01, 5 days prior to the meeting date. lfyou are hearing or voice impaired. contact the relay operator at 1-800-955-8771. AGENDA REQUEST Date: August 10. 2009 PUBLIC HEARING RESOLUTION ORDINANCE x OTHER BUSINESS BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: Second Reading of Ordinance #2009-0-05, Amending and Restating Chapter 12.5 (Parks and Recreation) of the City of Edge water Code of Ordinances. BACKGROUND: City Staff, the Recreation and Cultural Services Board and the City Attorney have reviewed to amend and restate Chapter 12.5 (Parks and Recreation) in its entirety in an attempt to incorporate rules and regulations relating to Parks and Recreation for consistency with current statues. STAFF RECOMMENDATION: Staff recommends that City Council adopt Ordinance #2009-0-05 amending and restating Chapter 12.5 (Parks and Recreation) of the City of Edge water Code of Ordinances. ACTION REQUESTED: Motion that City Council adopt Ordinance #2009-0-05 amending and restating Chapter 12.5 (Parks and Recreation) of the City of Edge water Code of Ordinances. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO--.A_ DATE: AGENDA ITEM NO. Respectfully submitted, --~~ ~~ Jack torder tJ>epartment Director ORDINANCE NO. 2009-0-05 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING AND RESTATING CHAPTER 12.5 (PARKS AND RECREATION) OF THE CITY OF EDGEW ATER CODE OF ORDINANCES IN ITS ENTIRETY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, has made the following determinations: 1. Chapter 12.5 (Parks and Recreation) has not been modified since 2004. 2. The City has received numerous requests from residents to designate certain parks as animal friendly. 3. City Council has determined that specified animals will be allowed into City parks, beaches and/or lakes as approved and designated by resolution. 4. An approved park, beach and/or lake shall be so designated and posted with the appropriate signage by the City as an animal permitted park with the permitted animal and/or animals listed. NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida: PART A. AMEND AND REST ATE CHAPTER 12.5 (PARKS AND RECREATION) OF THE CODE OF ORDINANCES IN NITS ENTIRETY FOR THE CITY OF EDGEW ATER, FLORIDA. Chapter 12.5 is hereby amended and stated to read as follows: Chapter 12.5 (Parks and Recreation) Struck through passage are deleted. Underlined passages are added. #2009-0-05 ARTICLE I. IN GENERAL Sec. 12.5-1. Activities prohibited in parks; enforcment. (a) It shall be unlawful for any person in a city park in the incorporated areas of the city to : (1) Bring any animal, including cats, dogs, horses, any fowl or birds and any living creatures within the jurisdiction of a city park or recreation area unless such park or beach is designated and posted by the City as an animal permitted park. An approved park, beach and/or lake shall be so designated and posted with the appropriate signage by the City as an animal permitted park with the permitted animal and/or animals listed. (2) Bring alcoholilc beverages, or controlleld dangerous substances, drink or use the same at any time nor shall any person be under the influence of intoxicating liquor or a controlled dangerous substance in a city park or recreation area. (3) Bring any glass container into a city park or recreation area. (4) Expose or offer for sale any article in any city park or recreation area without a license as a concessionaire or to display any advertising signs or other advertising matter without a permit. (5) Camp or stay overnight in a city park or recreation area. (6) Build, kindle, maintain or use an open fire nor throwaway or discard any lighted match, cigar, cigarette, tobacco, paper or other material until it is extinguished. (7) Perform the cleaning or scaling of fish or other aquatic creatures in a city park or recreation area. (b) The city police department, and park attendants animal servIces personnel shall, in connection with their duties imposed by law, diligently enforce the provisions ofthis section and shall have the authority to order any person or persons acting in violation ofthis section Struek through passage are deleted. Underlined passages are added. 2 #2009-0-05 to leave the park or recreation area. Sec. 12.5-2. Hours for parks and facilities. (a) Areas remaining open 24 hours. Fishing sites and related support facilities (ramps, natural or manmade, fishing docks, parking areas). These areas adjoin the Indian River or city lakes and remain open 24 hours only for the benefit of those persons actively, or pusuing fishing related activities (cast netting, crabbing, shrimping, etc.) or launching boats. (b) Areas to be closed 11 :00 p.m. to sunrise. Certain parks or portions of parks designed and built for after-dark activites may remain open to persons actively using such lighted facilities as tennis courts, racquetball courts, basketball courts, shuffleboard courts, ballfields, playgrounds, lighted picnic shelters, etc. until 11 :00 p.m. and the directly related support facilities (parking and restrooms), and hours shall be posted. (c) Areas to be closed sundown to sunrise. Certain parks, beaches and city lakes or portions of parks designed for day use only and no direct lighting is proivded, shall be closed to the public as sundown (nature trails, playgrounds, ballfields, shelters, picnic areas, etc.) and also related support facilities. (d) Special events. The city council may change these hours in order to accommodate special events such as July 4 fireworks or any other event the council deems appropriate. Sees. 12.5-3 - - 12.5-10. Reserved. ARTICLE II. RECREATION AND CULTURAL SERVICES BOARD Sec. 12.5-11. Created Purpose. There is hereby created the The purpose ofthe recreation and cultural services board wffi.eh shall is to monitor and evaluate parks and recreational needs and activities, beautification, and historic preservation within the city and forward any recommendation to the director and city Struck through passage are deleted. Underlined passages are added. 3 #2009-0-05 council. The board shall establish their by-laws pursuant to resolution of the City of Edgewater. See. 12.5 12. M.embership. The board shall consist of se'len fi'le (5) members '.vho shall be selected by a majority vote of the city council and shall serve for a term ofthree ill years. Terms of members shall be staggered; howe'.'er, initial terms of office shall be as follows: Two members selected for three years, three members selected for t\VO years and two members selected for one year. Sec. 12.5 13. Duties. Upon request or recommendation by the director of parks and recreatiowmaintenance services, the board shall be utilized in review of general service needs as well as planning and development of specific projects involving parks and recreational activities and facilities, beautification of the city and historical preservation. Upon request the board shall make recommendations to the director and city council concerning the follo\ving areas: (a) The board shall study recreational needs for persons of all ages in the city, and recommend the acquisition and utilization of land and facilities for this purpose. (b) The board shall study existing recreation activities in the city and assess future needs. As such, the board shall recommend changes or additions to various activities and programs. (c) The board shall coordinate with organized groups within the city and outside the city on matters or programs that affect recreation within the city. (d) The board shall revie'll and recommend land acquisition for public park purposes and matters concerning land utilization and facilities improvements. (e) The board shall make recommendations to the city council concerning maintenance and operation of city park and recreation facilities. Struck through passage are deleted. Underlined passages are added. 4 #2009-0-05 (D The board shall study and recommend to the city counil means for public and private funding for public park and recreation facilities and shall coordinate private fund dri','cs as necessary. (g) The board shall provide broad policy recommendations to the city council on all matters concerning public parks and city recreation. (h) The board shall provide recommendation regarding beautification of city parks, city facilities and ','arious areas throughout the city. (i) The board shall provide recommendations regarding historical preservation \vithin the areas of the city. Sec. 12.5-12 - 12.5-13. Reserved. ARTICLE III. RESERVED. Sec. 12.5-14. Reserved. PART B. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. EFFECTIVE DATE. This ordinance shall become effective upon its final adoption and as provided by general law. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Struck through passage are deleted. Underlined passages are added. 5 #2009-0-05 PARTE. CODIFICIATION. Provisions of this ordinance shall be incoprorated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART F. ADOPTION. During the July 20, 2009 Council meeting, a motion to approve was made by Councilwoman Rogers with Second by Councilman Cooper. The vote on the first reading ofthis ordinance held on July 20, 2009 is as follows: AYE NAY Mayor Mike Thomas X - Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington X - Councilwoman Harriet B. Rhodes ABSENT Councilman Ted Cooper X During the August 10, 2009 Council meeting, a motion to approve was made by with Second by , the vote on the second reading/public hearing of this ordinance is as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper Struck through passage are deleted. Underlined passages are added. 6 #2009-0-05 PASSED AND DULY ADOPTED this 10th day of August, 2009. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Struck through passage are deleted. Underlined passages are added. #2009-0-05 CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 10th day of August, 2009 under Agenda Item No. 8_. 7 AGENDA REQUEST Date: August 10. 2009 PUBLIC HEARING RESOLUTION x ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: Resolution #2009-R-15 hereby designating specific city parks in which leashed canines are permitted. BACKGROUND: City Staff, the Recreation and Cultural Services Board have reviewed modifications to Chapter 12.5 (parks and Recreation) that would permit leashed canines in designated and posted city parks. Currently, the Riverwalk runs through several parks along Riverside Dr. and is heavenly traveled by citizens with their pet(s). Resolution #2009-R-15 will modify Chapter 17.5-1 (Activities prohibited in parks; enforcement) and will permit pet owners' that use Riverwalk to use the listed parks per this resolution's rules and regulations relating to Parks and Recreation for consistency with current statues. STAFF RECOMMENDATION: Staff recommends that City Council adopt Resolution #2009-R-15 hereby designating specific city parks in which leased canines are permitted. ACTION REQUESTED: Motion that City Council adopt Resolution #2009-R-15 hereby designating specific city parks in which leased canines are permitted. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO~_ DATE: AGENDA ITEM NO. Respectfully submitted, f RESOLUTION #2009-R-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA; HEREBY DESIGNA TING SPECIFIC CITY PARKS IN WHICH LEASHED CANINES ARE PERMITTED; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in June 2009, Council approved modifications to Chapter 5 (Animal Services), Section 5-13 (Animals prohibited in parks and on beaches) that permitted animals in a park or beach if designated and posted by the City as an animal park. WHEREAS, in August 2009, Council approved modifications to Chapter 12.5 (Parks and Recreation), Section 12.5-1 (Activities prohibited in parks; enforcement) that permitted animals in a park or beach if so designated and posted by the City as an animal park. An approved park, beach and/or lake shall be so designated and posted with the appropriate signage by the City as an animal permitted park with the permitted animal and/or animals listed. WHEREAS, City Council has considered all City parks, beaches and/or lakes to be so designated and has determined that leashed canines shall be permitted in all or parts of Highland Shores Park, George R. Kennedy Memorial Park, Menard-May Park and Veterans Park. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida as follows: Section 1. The City Council hereby approves and designates that leashed canines shall be permitted in all or parts of Highland Shores Park, George R. Kennedy Memorial Park, Menard- May Park and Veterans Park (specific listing including address/street locations are attached hereto and incorporated herein as Exhibit "A"). Section 2. City Council further stipulates that no animal, including leashed canines are allowed on fishing piers or in beaches unless such animal is an animal assisting disabled persons or dogs being used by law enforcement officials for law enforcement activities. Section 3. It is still the animal owners responsibility to maintain all areas designated as an animal permitted park as a pristine park, beach and/or lake and to remove any evidence (feces, 2009-R-15 1 etc) of their animal from each park. Refusal of an owner may result in removal from said park and issuance of a citation for each violation. Section 4. City Council hereby authorizes the City Manager and staff to post the appropriate signage at the permitted locations as an animal permitted park with the permitted animal listed. If certain sections of the park, beach and/or lake do not allow animals, those sections should be posted appropriately. Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof. Section 6. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 7. Section 8. This resolution shall take effect immediately upon its adoption. After a motion to approve by with second by , the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 2009-R-15 2 PASSED, APPROVED AND ADOPTED this 10th day of August, 2009. ATTEST: Bonnie Wenzel City Clerk CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansav & Kundid 2009-R-15 Approved by the City Council of the City of Edgewater at a meeting held on this 10th day of August, 2009 under Agenda Item No. 8_. 3 1) 2) 3) 4) Highland Shores Park EXHIBIT "A" DESIGNATED ANIMAL PARKS 335 North Riverside Drive, Edgewater George R. Kennedy Memorial Park 103 North Riverside Drive, Edgewater Menard-May Park Veterans Park 2009-R-15 413 South Riverside Drive, Edgewater 1181 South Riverside Drive, Edgewater 4 AGENDA REQUEST Date: July 30, 2009 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BUSINESS August 10. 2009 BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: Amendment #2 to the Curbside Residential Recycling Agreement. BACKGROUND: On July 20, 2004, the City of Edgewater entered into an agreement with Southard Enterprises, Inc. to perform the services of curbside residential recycling services until September 30, 2007. The terms of the agreement allowed for two (2) additional two (2) year terms. On July 6, 2007, Amendment #1 extended the agreement for the first two (2) year term at a compensation rate of $2.25 per residential unit per month. Amendment #2 would extend the agreement the second two (2) year term through September 30, ~ and Mr. Southard has agreed to keep the compensation rate at $2.25 per residential unit per~nth. STAFF RECOMMENDATION: Southard Enterprises has performed the services of the curbside recycling program satisfactorily and staff recommends amending the agreement for another two(2) year period. ACTION REOUESTED: Approve the amendment to the Agreement with Southard Enterprises, Inc. and authorize the Mayor to execute the document. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES _NO XX John McKinney, Finance Director PREVIOUS AGENDA ITEM: Ifso, DATE: YES NO - AGENDA ITEM # Respectfully submitted, ti!~~ / IL~ . renda L. Dewees Director of Environmental Services Concurrence: ~^"'~ Robin L. Matusick Paralegal AMENDMENT #2 TO THE CURBSIDE RESIDENTIAL RECYCLING AGREEMENT THIS AMENDMENT TO THE CURBSIDE RESIDENTIAL RECYCLING day of , 2009, by and between the AGREEMENT made this CITY OF EDGEW ATER, FLORIDA, a municipal corporation (hereafter "City") and SOUTHARD ENTERPRISES, INC., (hereafter "Contractor"). WITNESSETH, that the parties hereto have agreed to amend that certain Agreement between the parties dated July 19, 2004, and amended on July 7,2007, such that: A. Section II: Term and Termination - the City and Contractor have hereby exercised their option to renew the Agreement for an additional two (2) year period. The term of the Agreement is extended for an additional two (2) year period beginning October 1, 2009 and ending September 30,2011. B. Section IV: Compensation - For recycling services Contractor shall be compensated in the amount @ f;lr ?isfJential unit per month in return for the satisfactory performance of the services specified in the Curbside Residential Recycling Agreement. C. The parties acknowledge that all other terms, provisions and conditions of the aforesaid original Agreement dated July 19, 2004, and all additions thereto not amended or changed by the provisions of the Amendments are republished, ratified and reaffirmed by the parties hereto and shall remain in full force and effect. IN WITNESS, WHEREOF, the parties have caused this Amendment to the Curbside Residential Recycling Agreement to be made and entered into the day and year first written above. (AgreementIRecycling-Amendment#2- 2009) 1 ATTEST: Bonnie Wenzel City Clerk Robin L. Matusick Paralegal WITNESSES: (AgreemelltIRecyclillg-A melldmellt#2 -2009) CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Michael Thomas Mayor SOUTHARD ENTERPRISES, INC. By: Leonard E. "Duke" Southard Dated: 2 SOUTHARD ENTERPRISES INC. Dba SQUTHAR;D RECYCLING 1290 Turnbull Bay Rd. New Sm~rna Beach, FI. 32168 /Q]OI1 JU/v 2 IV}]/) OIly (j ?000 ~ ~G81( . Ph: (386) 426-8858 Fax: (386) 4is-371 0 oR. rf ;. J l vC To: City Mgr, Jon Williams, Mayor & City council: Ref: Cost of living increase. After talking to Terry Wadsworth about a cost of living increase due to a large increase in the cost of fuel; workmens comp; wages and equipment. Southard Recycling would like to request a cost per house increase to $2.25 per house. This is still below the norm which is app. $3.00. The price we are getting now is $1.54 which is only up from $1.38 fifteen years ago. Be advised that a few years ago we negotiated a pay cut to be in line with the other cities. We negotiated this with Mr. Wadsworth. I'm sure you know that the cost of everything has gone up substantially over the years with this being our first request. We also accepted this contract back after a 2 year contract with .Florida RecycliPll failed as they were unable to fulfill the contract at the price they bid. This increase will allow us to purchase new equipment for the (~ontract. SPECIAL NOTE: The bids for recycling in New Smyrna Beach were $3.00 per house except for Southard Recycling which was awarded the contract at $2.64 per house. TllilUk you for your consideration in this matter. ;iCC~~~ Leonard Southard, President THE CITY OF EDGE WATER POST OFFICE BOX100-EDGEWATER, FLORIDA 32132-0100 Mayor DonaldA. Schmidt District 1 Councilman James P. Brown District 2 Councilman Dennis A. Vincenzi District 3 Councilwoman Harriet E. Rhcxks District 4 Councilwoman Judith R. Lichter City Manager Kenneth Hooper City Attorney Scott Cookson City Clerk Susan J. Wadsworth July 21, 2004 Leonard E. "Duke" Southard Southard Enterprises, Inc. 1290 Turnbull Bay Road New Smyrna Beach, F132169 LETTER OF TRANSMITTAL The Edgewater City Council authorized Kenneth Hooper, City Manager to execute the agreement between Southard Enterprises, Inc. and the City of Edge water for curbside residential recycling, at their regular City Council meeting of July 19,2004. w d' th nll h fl dfi dbl e are sen mg you e 0 owmg attae. ment or actIon as e me eow: Originals DESCRIPTION ACTION 1 Agreements between Southard Enterprises, Inc. 1. and the City of Edgewater for curbside residential recycling I. For your files 2. For execution & return 3. , At your request 4. For review & comment 5. See remarks ~~~ Susan J. adsworth, CMC cc: City Manager Legal ' Environmental Services Finance 104 NORTH RIVERSIDE DRIVE FAX-(386)424-2409 SUNCOM 383-2407 CIn' CLERK-(386)4U-2407 AMENDMENT #1 TO THE CURBSIDE RESIDENTIAL RECYCLING AGREEMENT THIS AMENDMENT TO THE CURBSIDE RESIDENTIAL RECYCLING J--!11 AGREEMENT made this (P day of 9t0&r CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereafter "City") and ,2007, by and between the SOUTHARD ENTERPRISES, INC., (hereafter "Contractor"). WITNESSETH, that the parties hereto have agreed to amend that certain Agreement between the parties dated July 19,2004, such that: A. Section II: Term and Termination - the City and Contractor have hereby exercised their option to renew the Agreement for an additional two (2) year period. The term of the Agreement is extended for an additional two (2) year period beginning October 1, 2007 and ending September 30,2009. B. Section IV: Compensation - For recycling services Contractor shall be compensated in the amount of $2.25 per residential unit per month in return for the satisfactory performance of the services specified in the Curbside Residential Recycling Agreement. C. The parties acknowledge that all other terms, provisions and conditions of the aforesaid original Agreement dated July 19,2004, and all additions thereto not amended or changed by the provisions of the Amendment are republished, ratified and reaffirmed by the parties hereto and shall remain in fuIll'orce and effect. IN WITNESS, WHEREOF, the parties have caused this Amendment to the Curbside Residential Recycling Agreement to be made and entered into the day and year first written above. (Agreement\Recycling-Amendmen/# l-lOO?) 1 ATTEST: ~~o. --1~)sJ"V~ Susan-.J:-Wadmol th Lisa Bloomer City Clerk - Deputy \~~~~ Robin L. Matusick Paralegal WITNESSES: \.1lf1rttodp!All ~ ~lk ['~ ClrtO-AlI~ (Agreemen/\Recyding-Amendmenl# 1-200?) CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA I SOUTHARD ENTERPRISES, INC. By: I)atcd: .,/__.6..-<:5 7' . 2 CURBSIDE RESIDENTIAL RECYCLING AGREEMENT THIS AGREEMENT made and entered into this J'7 day of h 2004, by and between the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose mailing address is P. O. Box 100, Edgewater, FL 32132-0100 (hereafter "City") and SOUTHARD ENTERPRISES, INC., whose mailing address is 1290 Turnbull Bay Road, New Smyrna Beach, Florida 32169 (hereafter "Contractor"). WHEREAS, the City desires to obtain the services of Contractor for the provision of curbside residential recycling services; and WHEREAS, Contractor desires to provide these services to the City. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1 Scope of Services and Equipment Requirements A. As further described below, Contractor shall furnish all labor, tools, equipment, materials, supplies and services except as specif1cally set forth herein, to collect recyclable material, transport collected recyclable material to a disposal location, and perfonn all other necessary functions incidental to recyclable material collection and transportation. Such activities shall be collectively referred to as recycling services. B. The Contractor shall provide recycling services to all single-family and multi-family residential units within the City of Edgewater. Upon request from the City, the Contractor shall provide recycling services to tm)' commercial, business, professional or non-residential unit not utilizing a dumpster service. C. The Contractor will provide a minimum of two (2) recycling vehicles and will hire and train an adequate number of personnel to satisfactorily perform the program with a minimum of two (2) workers per vehicle. Satisfactory performance shall be determined solely by the City. D. Contractor will provide weekly curbside collection service for: newspapers, including all insel1s; glass bottles and jars, including clear, green and brown with or without labels; (Agreement/Recycling - Southard - 2004) aluminum cans: plastic containers, all # 1, #2 and #3 with or without labels; corrugated cardboard; telephone books; and tin cans, with or without labels. All recyclable materials placed in or near the City supplied fourteen (14) gallon recycling containers or any other container shall be collected. Such collection shall be made between the hours of7:00 a.m. and 5 :00 p.m. Monday through Friday servicing each customer one (I) time per week pursuant to the schedule depicted in Exhibit A which is attached hereto and incorporated by reference. E. Contractor shall maintain an office equipped with a toll free telephone service and sufficient personnel to receive and handle complaints, instructions and/or directions from City Staff and residents between the hours of 7:00 a.m. and 5:00 p.m., Mondays through Fridays, excluding approved holidays. F. If a collection day falls on a holiday when normal refuse collection service is not provided by the City, then the Contractor shall provide an alternate recycling collection day which shall coincide with the alternate day chosen by the City. G. In the event that nonrecycIablc materials are placed in thc recycling containers, the materials will be left in the container with an explanatory notice. The containers will be placcd upright with the nonrecyclable matcrials and note inside. All other containers will be placed upside down near the original location, but not in a driveway or in front of a mailbox or full garbage containers. H. The Contractor will be responsible for replacing recycling containers which are damaged by the actions of his employees. 1. The Contractor shall submit weekly rep0l1s to the Solid Waste Supervisor in a format acceptable to the Solid Waste Supervisor identifying the total number of units utilizing the service and the dry weight of the following collected items: 1. aluminum cans 2. tin cans 3. #1, #2 and #3 plastic containers 4. clear, brown and green glass bottles and jars (Agreement/Recycling - Southard - 2004) 2 5. corrugated cardboard 6. newspapers 7. phone books 1. The City and the Contractor will share responsibility for the promotion of the recycling program. K. The Contractor shall be the owner of all recyclable materials collected in the program and shall be responsible for the lawful disposal of the collected materials. L. The Contractor shall, upon the City's request, participate in periodic reviews of the progress of the recycling program. M. The Contractor shall conduct his operation so as to interfere as little as possible with the public use of roads, walks, and entrances to houses, and shall, at his own expense, make such approved temporary provisions as are required to maintain at least one (1) lane of traffic open. N. All operations of the Contractor upon the premises of the City shall be confined to areas authorized by the City. No unauthorized or unwarranted entry, passage through, or storage or disposal of materials shall be made upon the City's or privately owned premises. O. All equipment and vehicles utilized by the Contractor shall comply with all applicable federal, state and local regulations. P. Contractor shall provide and maintain radio communication with all vehicles used in the performance of recycling services. Q. The Contractor shall maintain all vehicles and other equipment in a clean and sanitary condition at all times. R. All recyclables hauled by the Contractor over public streets of the City of Edgewater shall be hauled in such a manner as is necessary to prevent leakage, spillage or blowing. S. The name of the Contractor and the Contractor's toll free telephone number shall be prominently displayed on all vehicles used in the performance of recycling services. (Agreement/Recycling - Southard - 2004) 3 L Reports Weekly Reports: Contractor shall maintain weekly reports submitted monthly to properly and accurately reflect the following: a. Total number of residential units utilizing the service to obtain an accurate county of residential participation. b. Dry weight of the following collected items: newspaper; aluminum cans; corrugated cardboard; tin cans: clear, green and brown glass bottles and jars; # 1, #2 and #3 plastic containers; and telephone books. Dates of submission: Contractor shall submit the completed monthly repOlts to the Department of Environmental Services, Public Works Division on or before the 15th day of the subsequent month. Right to Examine: The City reserves the right to examine, audit and review any and all repotts of Contractor relating to this contract at any time during normal business hours upon giving reasonable notice. III. Term and Termination A. This Agreement shall be effective from July 20,2004 through September 30, 2007, unless temlinated earlier as provided herein. At the option of the parties, this Agreement may be renewed for two (2) additional two (2) year temls, provided however, that the Agreement may be amended to reflect the renegotiation of terms acceptable to the parties. B. If the City determines that the Contractor's lack of performance serves as grounds for termination, the Agreement will terminate immediately. C. In the event the City privatizes garbage collection, this Agreement may, at the City's request, terminate upon the expiration of the last fiscal year in \vhich the City maintained its own service. D. The term ofthis Agreement shall be subject to the appropriation of sufficient funds to satisfy the City's obligation under this Agreement in any of the City's fiscal years subsequent to the (Agreement/Recycling - Southard - 2004) 4 initial year of this Agreement. E. The City warrants that the necessary funds have been appropriated for the first fiscal year and that there is currently no intent on the part of the City to curtail the necessary funding. In the event that sufficient funds are not appropriated in any subsequent fiscal year, this Agreement shall tenninate upon the expiration of the fiscal year in which sufficient funds were appropriated. F. All provisions of this Agreement are considered material. Upon the failure of Contractor to comply with any of the provisions of this Agreement within ten (10) days of \vritten notice by the City of such deficiencies, the City may terminate this Agreement upon written notice to Contractor. IV. Compensation A. The City estimates there are 8,000 residential units in the recycling service area. Expansion of the number of residential units from which recyclable materials are to be collected will not increase the per unit cost to the City. B. Contractor shall on a monthly basis submit to the Environmental Service Department an invoice sufficient for audit purposes speci(ying the actual number of units utilizing the recycling services. Upon submission of the required invoice, City shall make payment to Contractor within thirty (30) days. C. For recycJ ing services Contractor shall be compensated in the amount of$1 .46 per residential unit per month in return for the satisfactory performance of the services specified in this Agreement. As of October 1,2004, the compensation amount will be modified to reflect $1.50 per residential unit. D. After the first year of the Agreement, Contractor shall be entitled to an increase in per unit price equivalent to the percentage change in the Consumer Price Index for the preceding year ending in June (prior to the October 15t start of the fiscal year) as reported for the category of Groups less than 50,000 population, all urban customers. The basis for such change shall (Agreement/Recycling - Southard - 2004) 5 be the June Consumer Price Index released approximately July 15th (before the October 151 start of the fiscal year) by the Bureau of Labor and Statistics Southeastern Regional Office. V. Independent Contractor Contractor is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the City shall in no way be responsible for such acts or omissions. Contractor shall and will indemnify and hold harmless the City from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with Contractor's provision of recycling services to the City except as shall have been occasioned by the sole negligence of the City. VI. Minimum Insurance Requirements A. Prior to the commencement of recycling services, Contractor shall procure at least the following insurance coverages with the limits specified herein. All insurance companies providing insurance under this Agreement shall be authorized to conduct business in the State of Florida and shall have a general policy holders rating of A or better and a financial rating of X or bettcr according to the latest publication of Best Key Rating Guide, published by AM Best, Inc.. Said insurance shall be evidenced by delivery to the City of (1) a certificate ofinsunmce executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the City, and listing all carriers issuing said policies; and (2) a certified copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Agreement. 1. Workers' Compensation limits as required by law and Employers' Liability Insurance of not less than $ I 00,000.00 for each accident. 2. Comprehensive General Liability Insurance including, but not limited to, Independent Contractor, Contractual, Premises/Operations, Products/Completed Operations and Personal Injury covering the liability assumed under the indemnification provisions of this Agreement, with limits of liability for personal injury <md/or bodily injury, including death, of not less than $1,000,000.00 each occurrence; and propel1y (Agreement/Recycling - Southard - 2004) 6 damage of not less than $100,000.00 each occurrence. (Combined Single Limits of not less than $500,000.00 each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an "occurrence" basis, and the policy shall include Broad FornI Property Damage coyerage, and Fire Legal Liability of not less than $50,000.00 per OCC1ll1'enCe, unless otherwise stated by exception herein. 3. Comprehensive Automobile and Tntck Liability covering owned, hired and non- owned vehicles with minimum limits of $1,000,000.00 each occurrence, and property damage of not less than $100,000.00 each occurrence. (Combined Single Limits of not less than $500,000.00 each OCCUl1'ence will be acceptable unless otherwise stated). Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards. 4. $500,000.00 combined single limits, personal injury and/or bodily injury, including death, and property damage liability insurance as an excess of the primary coverage required above. B. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that at least thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverages or limits, a notice thereof shall be given to the City by certitied mail to: City Attorney, P. O. Box 100, Edgewater, Florida 32132-0100. Contractor shall also notify City, in a like maImer, within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non- renewal or material change in coverage received by said Contractor from its insurer; and nothing contained herein shall absolve Contractor ofthis requirement to provide notice. 2. The City of Edgewater shall be endorsed to the required policy or policies as an additional named insured. VII. Performance and Payment Bond Prior to the commencement of recycling services Contractor shall furnish a guarantee of performance and payment in a form acceptable to the City in the amount oftwenty-five thousand and 00/100 dollars ($25,000.00). Contractor shall maintain such guarantee throughout the term of this Agreement. VIII. Permits and Licenses The Contractor shall secure and pay for any permits, licenses, or any other governmental fees which may be applicable to the services performed under the provisions of this Agreement. IX. Compliance Contractor shall observe, obey, and comply with all ordinances, laws, rules and regulations (AgrcementIRecycling - Southard - 2004) 7 of the City, State of Florida, and any other governmental units or agencies which may be applicable to Contractor's performance under this Agreement. X. Complaints and Liquidated Damages The City shan notify the Contractor of any reported failure to comply with the provisions of the Agreement. The Contractor shall take whatever steps are necessary to remedy the cause of the complaint within twenty-four (24) hours and report to the City regarding the action taken. The City and Contractor agree that all provisions ofthis Agreement are considered material and that the City and its residents will be harmed if the recycling services are not performed pursuant to the provisions of this Agreement. In addition, the paliies recognize the difficulties involved in proving the actual harm suffered by the City and its residents. Accordingly, instead of requiring any such proof, the City and Contractor agree that the Contractor's failure to remedy the cause of the complaint shall be considered a breach of the contract for the purpose of computing damages under the provisions of this section. In the alternative, at the option of the City such failure may be grounds for termination of the Agreement pursuant to Paragraph III. It is agreed that the City may deduct the following amounts as liquidated damages: (Each occurrence) a. Failure to clean up spilled recyclables. $ 50.00 b. Failure to maintain vehicles and other equipment as provided in the specifications. Failure to collect recyclable materials. $ 100.00 c. $ 25.00 d. Failure to correct chronic problems. Chronic problems shall be construed to mean 3 or more similar instances at the same residence within a 60 day period. $ 100.00 e. Failure to return containers to designated locations. $ 10.00 Liquidated damages shall be determined by the Director of Environmental Services and deductions made from the following month's payment to the Contractor. The Contractor may appeal the (Agreement/Recycling. Southard. 2004) 8 determination of the Director of Environmental Services to the City Manager in writing within ten (10) days after notice. Any decision made by the City Manager is the final determination. XI. Availability of Records Contractor shall make available to the City upon request all reports, records, and other pertinent information relating to the Contractor's performance under this Agreement as may be required by the City. XII. Amendments This Agreement may only be amended by a written document signed by both parties. XIII. Entire Agreement This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. XIV. Notices All notices or other commtmications required or permitted under this Agreement shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to City: With a Copy to: Legal Department City of Edgewater P. O. Box 100 Edgewater, FL 32132-0100 City Manager City of Edgewater P.O. Box 1 00 Edgewater, FL 32132-0100 Director of Environmental Services City of Edgewater P. O. Box 100 Edgewater, FL 32132-0100 If to Contractor: Leonard E. "Duke" Southard Southard Enterprises, Inc. 1290 Turnbull Bay Road New Smyrna Beach, FL 32169 (386)428-3307 (Agreement/Recycling - Southard - 2004) 9 . # XV. Assignment Contractor shall not assign its obligations hereunder without the prior written consent ofCity. XVI. Binding Effect All of the ten11S and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. XVII. Governing Law This Agreement shall be governed by the Jaws of the State of Florida. IT WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. CITY OF ~DGEW A TER, FLORIDA ;?;/ f) ~/~'~ Dated / WITNESSES: SOUTHARD ENTERPRISES, INC. ~- 1V\ .'J2~.~~. ~~~Z>1CK ",,- By: /' .;.9..,.., .v t? .-~ C:J .-- CJ /- Dated (Agreement/Recycling - Southard - 2004) 10 AGENDA REQUEST Date: Auqu~10.2009 PUBLIC HEARING CONSENT RESOLUTION ORDINANCE OTHER BUSINESS--x- CORRESPONDENCE ITEM DESCRIPTION: Award of Contract for Independent Audit services for Fiscal Years 2009 thru 2011. BACKGROUND: At its June 15, 2009 meeting, City Council directed Staff to go out for request for proposals for independent audit services. Formal proposals were solicited and the City received four responses. The proposals were to include three base years with two one year optional extensions. A five member selection committee was established with three members of staff, one local financial business owner and one citizen at large. Each firm was graded based on their proposal and presentation using four criteria. The criteria graded were their Business Plan, Firm's expertise and experience, staff proposed experience and cost. In this evaluation cost was a factor in the evaluations of the proposals. The selection committee ranked the four firms in the follow order: Rank 1 2 3 4 Firm James Moore and Company Hoyman Dobson McGladrey & Pullen Brent Millikan & Company Total Score 479 469 457 456 Total Contract $220,595 $215,000 $278,574 $215,278 Exhibits Attached: 1. Selection Committee Ranking 2. Contract 3. F.S. Chapter 218.391 - Auditor selection procedures STAFF RECOMMENDATION: The selection committee recommends City Council award independent audit services to James Moore and Company beginning with Fiscal Year 2009. ACTION REQUESTED: Motion to award independent audit services to James Moore and Company and authorization for City Manager to execute the contract. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: YES NO ~ AGENDA ITEM NO. Concurrence: ~~u Robin Matusick Para leg I OJ C- I ~ ..., 00 0 () CD :3 '< GJ :J .-+ CD :3 iil ~ (f) 00 0- ~ :J ..., 0 0 CD ^ '< 00 0 0 Qo ..., 0- :J CD (f) 0 '1J :J C CD :J <0 <0 <0 <0 (.oJ Q) co ~ --...J <0 <0 <0 (.oJ (.oJ 0 (.oJ ..... <0 0 <0 <0 --...J 0 co <0 ..... 0 <0 <0 CO 0 ~ 0 01 <0 <0 <0 co (.oJ Q) (.oJ Q) ~ ~ ~ ~ 01 --...J Q) 01 Q) <0 <0 --...J ~ ..... N (.oJ ~ C- "T1 (f) C- OO CD CO 0 0" :3 ..., :J" :J" 0- < :J ~ roO I CD ~ CD 0 CD 0 () GJ 00 CD 0 C; i5. 0- c ..., (f) :J CD :J :J :J :J (f) (f) CD :J" '< 00 :3 ~ ~ :/ p r r ~-::) \', ,.~ ~~:~\~ ~i ~ \ J 'C\ ' :>. \ ,.~.:,,;:J ", f \'''' '."', (\. "...>. \',~ ',,: \~ I I I / l r- 0 0 :3 -0 00 :J '< Z 00 :3 CD s: () C- C;o :J :J" :J :J CD '< (f) CO < CD 0 0 c ~" :J (f) "T1 CD ..., 0- I CD CD 0- C- OO :3 roo 0 00 ~ :J (f) ~~ CD 0" :J :::r :J"CD 00 = :3 CD (f)~ 00 O~ ;::0)> mr ;::0 00 :J ^ ~ t: a. ;:;: (f) CD =2 (') CD III ;::0 "T1 "'C :;t o to I "T1 Z I o o ..... :E CD a. :J CD III a. III '< C- t: -< N N N o o to Statutes & Constitution: View Statutes :->2009->Ch0218->Section 391 : flsenate.gov Page 1 of2 Select Year: . 2009 ~ The 2009 Florida Statutes IltI~Xt'{ TAXATION AND FINANCE Ch!lP.t~L2113_ FINANCIAL MATTERS PERTAINING TO POLITICAL SUBDIVISIONS '{t~w__Enli.r~ ~bQPJ~[ 218.391 Auditor selection procedures.-- (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218,J:L. (2) The governing body of a charter county, municipality, special district, district school board, charter school, or charter technical career center shall establish an audit committee. Each noncharter county shall establish an audit committee that, at a minimum, shall consist of each of the county officers elected pursuant to s. 1 (d), Art. VIII of the State Constitution, or a designee, and one member of the board of county commissioners or its designee. The primary purpose of the audit committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. 218.39; however, the audit committee may serve other audit oversight purposes as determined by the entity's governing body. The public shall not be excluded from the proceedings under this section. (3) The audit committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified. (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the audit committee, and negotiate a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used http://www.flsenate.gov/Statutes/index.cfm?p=2&App _ mode=Display _ Statute&Search _ Stri... 8/3/2009 Statutes & Constitution: View Statutes :->2009->Ch0218->Section 391 : flsenate.gov Page 2 of2 to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the governing body shall then undertake negotiations with the second-ranked firm. Failing accord with the second-ranked firm, negotiations shall then be terminated with that firm and undertaken with the third-ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal negotiations with anyone of the three top- ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest- ranked qualified firm or must document in its public records the reason for not selecting the highest-ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed-upon compensation is reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shall continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. History.--s. 65, ch. 2001-266; s. 1, ch. 2005-32. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ~ 2000-2006 State of Florida. http://www.flsenate.gov/Statutes/index.cfm?p=2&App _ mode=Display _ Statute&Search_ Stri... 8/3/2009 TENTATIVE AGENDA ITEMS AUGUST 17 (items due Thurs 8/6) CANCEL AUGUST 24 - GENERAL FUND BUDGET WORKSHOP - 5:00 PM AUGUST 31 - ENTERPRISE FUND BUDGET WORKSHOP 5:00 PM I) RFP A ward - Agent of Record SEPT 7 - LABOR DAY HOLIDAY; MOVE TO SEPT 14 (items due 9/3) 1) 2009/2010 Budget SEPT 21 - MOVE TO SEPT 28 (items due 911 0) SEPT 28 (items due Thurs 911 7) I) Set Final Millage Rate OCT 5 (items due 9/24) OCT 19 (items due 10/8) NOV 2 (items due 10/22) NOV 16 (items due IllS/) DEC 7 (items due 11125) DEC 21 (items due 12110) UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPART APPS RECEIVED 1) SeaGate - Edgewater Preserve PUD Agreement F:\Council Agenda's\Tentative Agenda List\2009\08-1 0-09. doc