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08-07-1995 / u o Votina Order Councilman Hays Councilman Mitchum Mayor Hayman Councilman Hatfield Councilwoman Martin ' l\GENDl\ Cl'J'Y COUNCIL Ol" EDGI':WNL'J~I{ AUGUS'r 7, 1995 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, ALLEGIANCE INVOCATION, PLEDGE OF 2. PROCLAMATION OF EXCELLENCE AWARD TO CORONADO PAINT COMPANY 3. APPROVAL OF MINUTES A. Regular meeting of July 17, 1995 B. Special meeting of July 27, 1995 4. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) 5. CITY COUNCIL REPORTS G. PUBI.JC Iml\lUNCS, OlmlNANCI':S AND ImSOI.(J'J'IONS (None) 7. CONSENT AGENDA A. Fire/Rescue Chief's request to purchase fire pump for military surplus brush truck from lowest bidder, TEN-8, for $2,891 B. Acceptance of results of Ernst & Young audit of revenues and expenditures of Florida Dept. of Environmental Protection Grant No. 794010 C. Request that Annual Arbitrage Rebate Calculations be performed by Ernst & Young, Jacksonville, at cost of $5,500, plus out-of- pocket expenses, for two bond issues D. Healy-Ruff master end user software license agreement for water plant operating and computer systems 8. OTHER BUSINESS A. Appointments to Beautification and Tree Committee 1) Due to expiration of term of Connie Newcomb, who requests reappointment 2) Due to resignation of Kathleen Spellman B. Proposed resolution of access issue related to vacation of alleyway and portion of Guava Drive, Ord. No. 88-0-29 9. GENERAL CITIZEN COMMENTS/CORRESPONDENCE 10. OFFICER REPORTS 11 . ADJOURN. All items for inclusion on the August 21, 1995, City Council agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, August 14, 1995. 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 insure that a verbatim record of the proceedings is made. 2• 2/ ) � 0 R1 � / �, Z e w w. i i q q m \ b / \ 4jn@ f \\ \ \\ ol • 4 CO U 0 4 c L gy m \ @Q @ U ® 4 U h k § 'H 9 q 4. j (1) / % 1 % 3 \ Q o e o ,- .1 # 4-1 q 0 % , 2 (\\ \ / \\ ..qH K0 ® w %wkukkm 2 ��� @ g E.,4 wz� Tii 't �� 0 U � %\ w O C q % ® LI R04 ® � 4 - ) • U ��0 §§ 4 ym Q f \ ".1 O �) Ok • m § Q) � r. o: / Q � / VI 4\ m § . U -,-1w 2 \f Q 0M cA f:4 trl 0 5 0 ) 0 \2/ t \ ƒq \ \ \2 / k \ m % / ) 2m% 00 q {� c b - c >1 § % • 60 co 4.) , e, � _ �' \ \\ \ 0 q 0 3 2 • 2§ k Z� ® 0 ew;gq § q m % z cti 111 rtl q§( /2 /h -1 \�� O wo )-1ouUQ oggq; � / % "1 O) / / / /// City Manager McMahon asked Council to remember during budget time he doesn't like $28,000 studies. Councilman Mitchum made a motion to approve reluctantly, second by Councilwoman Martin. The motion CARRIED 4 -1. Councilman Hays voted NO. C. Award of bid to Davis Meter and Supply Co. of Orlando for Palm Breeze water line materials Mr. Wadsworth commented on taking a look at doing in house the water line in Palm Breeze. He asked Council to approve this amount so they may order the materials at an amount of $12,554.60 and get started with the project. Councilman Hays made a motion to approve, second by Councilman Mitchum. The motion CARRIED 5 -0. D. First Union National Bank Master Agreement and authorization for City Manager to sign agreement Councilman Hays moved for approval, second by Councilman Hatfield. City Attorney Storey stated this needs to read authorization for % the Mayor to sign the agreement as opposed to the City Manager. The motion CARRIED 5 -0. E. Discussion of Economic Development Board's suggestion to recognize Coronado Paint Company for excellence in recent plant expansion Philip Fong, Chairman, EDB, explained this is pursuant to Recommendation #4 of the Business Climate and Supplier Linkage Study. He feels there is good opportunity to recognize Coronado Paint in their recent expansion of their plant. Mr. Fong asked Council to consider adopting the proclamation of excellence as a formal award entity, to approve Coronado Paint as the recipient of the award, and to determine a date for the award presentation. Councilman Hatfield moved for approval, second by Councilwoman Martin. The motion CARRIED 5 -0. rr,,, August 7th was the date decided on to award the proclamation. F. Designation of voting delegate at Florida League of Cities Annual Convention at Kissimmee August 17 - 19, 1995 Councilman Hays nominated Councilwoman Martin, second by Councilman Hatfield. The motion CARRIED 5 -0. GENERAL CITIZEN COMMENTS /CORRESPONDENCE Tom Kane, 2031 S. Riverside Drive, asked why on Ocean Avenue the one ton limit signs were taken down. City Manager McMahon stated Ocean Avenue was never technically directed by the Council in ordinance to have the weight limit on it of one ton. The signs were never erected legally. There was a brief discussion regarding which signs need to be erected by ordinance. ice,. Page -9- Council Regular Meeting July 17, 1995 71a f AGENDA REQUEST DATE: 7/19/95 OTHER CONSENT XX BUSINESS PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: The Department of Fire /Rescue requests authorization to purchase a Fire Pump that was budgeted for the military surplus brush truck that was acquired from the Division of Forestry. BACKGROUND: The Department of Fire /Rescue Services acquired a military surplus vehicle from the Division of Forestry. To put this unit in service as a brush truck it will require the purchase of a Fire Pump and a tank. These are both modular units and can be made as individual purchases. At this time the Department of Fire /Rescue requests authorization to purchase a Fire Pump that was budgeted for this vehicle. This pump is designed for fire suppression use. As it is modular in design, it can be moved from vehicle to vehicle as the chassis are worn out and replaced. (See attached specifications) With the addition of several square miles of heavily forested wildland to the City limits, much of which abuts residential property, putting this brush truck into service is critical to providing the forest fire protection our citizens need. Three quotes were received from eligible vendors. They are: TEN -8 Fire Equipment Company $2,891, Municipal Equipment Company $3,150, and Wajax - Pacific Fire Equipment $3,545. The lowest bid is the unit from TEN -8 @$2,891.00. RECOMMENDATION /CONCLUSION: Recommend approval to purchase a Hale HP300X Fire Pump from the lowest bid from TEN -8 in the amount of $2,891.00. FUNDS AVAILABLE: ACCOUNT NUMBER: 10522/56640 (SPECIFY IF BUDGET AMENDMENT IS REOUIRED) PREVIOUS AGENDA ITEM: YES NO XX DATE: 07/19/95 AGENDA ITEM NO. Respectfully submitted, William C. Vola, Chief Edgewater Fire /Rescue Concurrence: `,fir,, / 7 ij e,`Lzr .. George McMahon, City Manager ;` Cr : ) . i Q R . ,-. ( : ... 4 ,<, , 2 o 4 i i M • . 1 �., o , � r` col C..) R Vr, 1 A 7 - — Pi lar I I I Mee" 6 •. 2 a., -. J 1 Z w c Oft W tr 6j Q Q 00 4 `'" w I ! J N k 93 Q 5 toZlTj°Q4. '.:D lu Li' n 14 L a. to GQ Ru,� z Cr c iA Y <V C t . L 10 'd 869Z99L8181 ON XN3 1P' !3-N3,1, L0:2.1 OM 96 - I -I(lf JUL 12 ''S5 10:41 FROM MIJNICIPAL EQUIPMENT PAGE.001 QUOTE PRINT MUNICIPAL EQUIPMENT COMPANY NO. 003021 C P A ? FAX# 407- 648 -4142 6 3 1124 S. WOODS AVE. Page 1 ORLANDO, FL 32805 800 - 228 -8448 07/12/95 Ship --to: 1 Bill -to: 5130 CITY OF EDGEWATER FIRE DEPT. CITY OF EDGEWATER ATTN: ADM CFC PAT DILEVA ACCOUNTS PAYABLE 100 N. RIVERSIDE DR. P.O. BOX 100 EDGEWATER, FL 32032 EDGEWATER, FL 32132 -0100 REFERENCE # EXPIRES SLSP TERMS WIC FREIGHT SHIP VIA 10/31/95 05 NET 10 DAYS 01 PREPAID SESTWAY QUOTED BY: TC1 QUOTED TO: STEVE COUSINS ITEM 'DESCRIPTION ORDEREDIUMI PRICE,UM! EXTENSION =s= HP200X PUMP DESIGNED TO MOUNT IN 1 EA 3200.00 EA 3200.00 TRUCK, THIS PUMP FALLS JUST SHORT OF PERF. SPEC'S STATED. .00 PRICE INCLUDES NECESSARY .00 1 ADAPTERS. .00 I H 300X SAME AS HP200X EXCEPT PUMP 1 EA 3150.00 EA / EXCEDES PERF. SPEC' S. d --- 1 D-s q J �7 u �zaa :z� � aaa MERCHANDISE MISC TAX FREIGHT TOTAL ' 6350.00 .00 .00 .00 6350.00 THIS QUOTE IS VALID FOR DAYS JUL -17 -95 MON 09:36 AM WAJAX PACIFIC SALES /PURC FAX NO. 206 395 3473 P.01/01 WAJAX- PACIFIC FIRE EQUIPMENT INC. Meiling Address: O ffi ° ce and Plant: P.O. BOX88540 1 FiACIFI, 19308 68th Ave, S. SE.4T7l.E, WASH/NGTON 9B>3s W Kent, wasnington 9BU:32 Telephone: (208) 395. A 4444 J AX Quafity Service To The l=ire Industry Sine 1922 FAX: (206) 39S•FIRE Sales Fax (206) 385 -6078 ° WHITE = CUSTOMER QUOTATION copy *tar PINK = SALES SOLD TO; EDGEWATER FIRE & RESCUE 1605 SOUTH RIDGEWOOD PO BOX 100 EDGEWATER FL 32132 • USA 9a(/ (/Z CUST. NO. DOC. NO. OOC. DATE CANCEL DATE SHfP VIA PPD/COL - -- FOB'POINT PAGE NO 40FLEDFD 405 07/17/95 08/16/95 1 Best Way col Seattle WA P:O.. NUMBER: ATTENTION C.S: SALESMAN . TERMS dan BRAD O'NEIL Net 30 LINE I ITEM NO. DESCRIPTION • 1 QTY IUOMI TDELIENTATIVE I NET PRICE f VERY QUOTED FOB SEATTLE WA 1 .1 -D350 WAJAX DEFENDER 350 PUMPER 1 EA 3.065.00 W /EXHAUST PRIMER NH 1 -D- HDCF -2 HEAVY DUTY CHANNEL FRAME 1 EA 130.00 Now • DEFENDER SERIES PUMP 3 1- D -A6863 CONTROL PANEL - DEFENDER PUMPS 1 EA 350.00 W /WRAP- AROUND CHROME FRAME { l 1 r� PRICES QUOTED ABOVE DO NOT INCLUDE APPLICABLE SALES TAXES. AND /OR OTHER ADDITIONAL CHARGES. PRICES QUOTED ARE GUARANTEED UNTfL CANCEL DATE NOTED ABOVE. CJ SEE WAJAX•PACIFIC TERMS CATALOG FOR APPLICABLE TERMS AND CONDITIOAnt 3..5545.00 ■ JUL 12 ' 95 10: 43 FROM MUNICIPAL EQUIPMENT PAGE . 004 I 0 NY Nils& Hale Firs' Pump Company HP 300 SERIES `" PORTABLE PUMPS FEATURES AND BENEFITS - I Fully Enclosed Portable - Extremely quiet and safe. - -- =-- _ \ N New "X" Version - Configured for ,- ': easy installation by truck �" "' I builders. - - • Integral Fuel Tank - Rapid [ ••• ' • ' ; deployment with fewer personnel ' ~` Rotating Discharge Valves - `'' t :. • Quick and easy hose layout. ' : -rte Full Instrumentation - Includes prime from panel design . - ` -- Superior Performance - High . Pump efficiency Briggs & Stratton Vanguard Engine - Quiet yet more powerful The HP 300 Series Portable Pump line The "X' model configuration :s an ideal engines. :t has eiectric start with a is the newest, most exciting product for OEM installation. The recoil backup to ensure starting under development in portable pumps in enclosure is omitted and the handles ail circumstances. All these exciting years. Innovative features have been arereplacedwith mountinc hardware. features come in a convenient, engineered to provide unparalleled The instrument pane, is shipped loose compact design. performance and ease of operation. for remote mounting. The tuel tank becomes a foundation to securely The portable model is equipped with The portable version is compact and mount the pump. All required a marine grade quick connect lightweight. Portable units feature a hardware and vibration isolators are electrical socket located on the top sturdy enclosure for safe and quiet provided. The suction has both cover. This socket can be used to operation. Hidden beneath the threaded and Victaulic connections power theoptional light mast fornight attractive exterior, is a steel, protective for maximum efficiency in OEM or operations, This convenient electrical NNW frame. The pump is equipped with field installation. 1 soc.et ais.o serves as the connection four Candles to provide for 2 man point for a trickle charger to ensure portability. When not in use, the Power is provided by the respected the battery remains charged and the handles fold away for convenient eriggsandStrattonVanguard pump is always ready for operation. storage. The unique fuel tank is an The Vanguard power comes from a integral part of the purnp base sothere reliable state- of- the.arrair cooled. 18 Ever,/ ie a;l and feature of the HP is not a separate component to carry BHP, V -twin. Overhead Valve (OHV) Series has been carefully designed to the emergency scene. It provides engine. The overhead valve design and but fora lifetime of dependable 12 liters (3 US gallons) of fuel and will delivers more power than operation. permit the pump to run for 2 hours conventionally designee side -valve under normal operating conditions. JUL 12 ' 95 1 0:44 FROM MLIN I C I FAL EQIJ I PMENT PAGE . 005 EaUiPM_ENT SPECI PUMP: IRSTRUMENTAT1ON: ENGINE: HP300 Throttle Lever MAKE; BRIGGS AND STRATTON VAN - TYPE: Portable Supply Priming Lever GUARDIM Master Switch MODEL 350400 Series FRAME: Integra! Welded Steel Tubing SUCTION CONNECTION: 3 inch NP Female Start Push-button TYPE: Horizontal Shaft, Air Cooled, V -Twin, DISCHARGE CONNECTION. Aluminum, 2 -1i2 Choke Control pHV inch 150 Female. Swivels 175° for ease -1 Low Oil Pressure Warning Light HORSEPOWER. 18 BHP (13.4 kW) at 3600 hose layout. SUCTION GAUGE: 63.5 mm 2.1/2 inches ) RPM NOTE: Suction and discharge connection Dia. GLYCERIN FILLED, -1 to 10 BARS (30 TORQUE: 40.7 N -m (30 ft-its) Max. at 2600 . - 1102 "' thread unit. ad sizes for standard Consult in. Hg Vac to 150 PSI) RPM Hale Sales Representative unit. ll ran a DISCHARGE GAUGE'. 63.5 mm (2.1/2 inches) SORE x STROKE; 72 x 77 mm (2.83 x 2.75 in) g Dla, GLYCERIN FILLED, 0 to 28 BARS (0 to DISPLACEMENT 570 cc (34.75 cu in) of factory 'installed adapters, including Opp PSI) Instantaneous and Storz, to meet indf- OIL CAPACITY 1.4 liter (3.0 pint) viduai user needs_ FUEL TANK: Cross - Linked Polyethefyene BODY AND VOLUTE: Aluminum AVAILABLE P10 T FUEL CAPACITY; 12 liters (3 gallons) IMPELLER VOLUTE: : Aluminum in.) Silicon O �• ELECTRICAL: 16 AMP Aftemator Bronze SUCTION ADAPTERS EMISSIONS. Meets 1994 California Air Ras, B. PUMP SHAFT; Engine Shaft With Bronze DISCHARGE ADAPTERS Standards Sleeve LIGHT MAST PRIMING Exhaust Venturi; 508 mm (20 in,) HOURM TER HG MAXIMUM FLOW. 1514 LPM (400 GPM) @ 1.5 BARS (20 PSI) MAXIMUM PRESSURE 8 BARS (120 PSI) PERFORMANCE: WEIGHT; 75 KG (165 LBS) LENGTH: . I Hale Fir.l Pum C HANDLES EXTENDED. L P ..1 MO r. r.. 'WV xa �,..ET,. "' I uNIT moon: HP300 892 mm (35 -1/8 inches) ;-11.=/ Lourtst 7 - :v HANDLES FOLDED. 'u� , ENGINE 645 mm (25 -318 inches) ' 8x1668 s vi aTToe MOM WIDTI t' ELEVC r e Ew' - t` VANOt3Aitp 11 ow RPM HANDLES EXTENDED I ` `O"'""s :` ` 's HP Q4 RPr+ 698.5 mm (27-1/2 inches) 9 _ HANDLES FOLDED: 300• 9- • f 498.5 mm (19-5/8 inches) 120 `= � RPM r - ^ HEIGHT 574.5 mm (22 -5/8 inches) 1 8 • --.. . -� 2501 � .. 20 HP 25 HP ---,j. � -- HP300X 100 3800 RJ ?M _ L __ - SUCTION C ONNECTION, 3 inch NPT Female 200- 6- a 0 —;2J0 Ram $ HP ►'� ► _: ~mi ` DISCHARGE CONNECTION . 3 inch NPT 5- ~`- 10 j Female f50 i 60.1. 2 800 RPM t `. '`_ BODY AND VOLUTE: Aluminum : 4 " -7- 7.. 7 ..: ---- -- I O IMPELLER. 203.20 mm (8.00 in.) Silicon �`t Bronze 100 3 40.= 2409 RPM = : - _ `_ - PUMP SHAFT: E ngine Shaft With Bronze Sleeve 2- •'•`� `l� PRIMING Exhaust Venturi; 508 mm (20 in.) 2D — PERFORM E G ON 5 HP ns % 0= ENG■N £ HG 1 , MANUrACTUReR•a MAx1MUM ' - MAXIMUM FLOW 1514 L PM 400 GPM 1~ BRAKE HOftSE f t� BARS ( PSI) ( ) a • , T t i MAXIMUM PRESSURE 6 BARS (120 PSI) 4 0 GPM 100 200 300 400 WEIGHT: 75 KG (165 LBS) r LENGTH 635.0 mm (25 inches) TOTAL HEAD 0 2� 40 0 600 800 1.000 1,200 1,400 9, wvo WIDTH: 438 mm (17.1/4 inches) 1JTFRSIMIIV FLOW aRa tie -123 HEIGHT 525.5 mm (20 -5/8 incises) r 19.43 .�-, t (10113 mm7 111; id r i��i / f 1 475 ��1-)� t ti. - netag zsn N�� � i3 `Y . �f�� .7.. � 21_25 • f'. l' u j ' ' �i . (540 mm) 23.13 / "\ r f YI` , ct Q7 *Li •' _ `� j � ' p / lig i ii i (607mm) c) ,\ ` I - ;221 amq 1....1-7"=--- . - I z� . ,,3 17.25 .,, J 1 3.74 (16 mm) (439 mm) '-_, (09 mm) _ i 1 25.00 2 '``-' /� '"� 300X 09 35 mm) �i0p 9P KO (635 mm) ./ • "- '' :' '' F • Hale Fire Pump Company Godlva Limited Hale Products Eu: o,7e i.31774n Hale Products Asia °:'. a,:,•'e . t , .< 700 S Mill A veaue Charles Street industrie ebiet -Nord :. . • • " 9 530 East Coast Road , ,�. ;_ : ' <. • Conshohocken, PA 19428 'Warwick, CV34 5LR Benzstrasse 4 #04 -03 EuCdtia Block England 64807 Dieburg 1 Ocean Park . TEL: 610/825 -6300 TEL: (0926) 411666 Germany Singapore 1545 HALE PRODUCTS INC. FAX: 510/825 -9615 FAX: (0926) 402075 TEL: 06071 /81061 TEL: (65) 446 -1459 Erne TWX: 510- 660 -8931 TELEX: 311761 FAX; 06071 / 31065 FAX; (65) 446 -1895 Trusted by rgency Services Worldwide ( ) w. 11,0' H3ie Products cannot assume responsibility for product failure resulting from improper maintenance or operation. Ha'e Products is responsible only to the limits stated in the product warranty. Product specifications contained in this material are subject to change without notice. Printed in U .S.A. Bulletin #580. 12/93 +� 1993 -+alp prrxl.irrc Ins 1 ?/01 JUL PE ' S5 1P:46 FROM M U N I C I P P L E L'U I FMENT PRGE . 00S r 1 HP P Series Product Specification Hale HP300X 1 1.0 General The pump shall be a centrifugal type with a 4 cycle gasoline engine of a lightweight design which meets NFPA 1906 Pump and NFPA 1901 Auxiliary Pump standards. 2.0 Pump The pump body shall be made of alloy aluminum castings coupled together with a stainless steel band clamp with an O -ring seal, which allows quick pump volute removal for servicing. The pump shall be factory hydrostatically tested to 200 PSI for 10 min. The impeller shall be bronze. The renewable clearance rings shall be made of anodic plated bronze to inhibit galvanic corrosion. The impeller shall be 8.00 inches (203.20 mm) in diameter and designed with a sleeve back end to prevent water from coming in contact with the engine shaft. The impeller is directly threaded onto the engine crankshaft. The Pump shaft seal shall be an automaticly adjusting, maintenance free, mechanical e. The pump body shall be equipped with a petcock drain valve. The drain valve shall also be anodic plated. 3.0 Suction / Discharge The suction and discharge ports shall be female NPT pipe thread. Additionally, the suction shall accept a Victaufict"" coupler, 4.0 Priming The pump shall be equipped with an exhaust venturi primer of brass and stainless steel construction. The primer shall be capable of 20 inches of mercury vacuum. The primer shall be acutated with a spring return, single control lever located at the operator's panel. The primer to pump line shall be equipped with an automatic check valve for priming from an open body of water and a manual shut off for pumping from a pressurized water source. 5.0 Engine The engine shall be a 4 cylinder, gasoline. Briggs and Stratton Vanguard series 350400, V Twin, overhead valve, air cooled design. Engine rating shall be 18 BHP at 4000 rpm with a torque of 30 lb-ft at 2600 rpm. Engine displacement shall be 570cc and shall be designed to meet 1994 CARB (California Air Resourses Board) standards. A 12 volt JUL 1 2 ' 1 0 : 4T FROM MUN I C I F'AL EQUIPMENT PAGE. 009 electric system shall be provided with electric starter, built in battery, and a 16 amp alternator. Recoil backup engine starting shall be provided. Engine shall be equipped with a residential muffler with a USDA approved spark arrestor. 6.0 Base The pump /engine shall be isolation mounted onto a cross linked polyethylene platform which also serves as a 3 gallon fuel tank. 7.0 Instrumentation The pump shall be supplied with a remote control panel. This panel shall include a throttle lever, primer lever, master switch, starter button, choke control. 2.5 inch liquid filled compound suction gauge, a 2.5 inch liquid filled discharge gauge, and an oil pressure warning light. 8.0 Dimensions The pump shall not exceed 25 inches (635 mm) long by 17 inches (438 mm) wide by 21.25 inches (540 mm) high with handles folded and shall not be more than 165 lbs. (75 Kg) dry. 9.0 Performance 60 gpm (227 Um) at 120 psi (8.2 bar) at 5 feet of lift (1.5 M) and 2000 feet (610 M) elevation. 170 gpm (644 Um) at 95 psi (6.5 bar) at 5 feet of lift (1.5 M) and 2000 feet (610 M) elevation. 340 gpm (1287 Um) at 50 psi (3.4 bar) at 5 feet of lift (1.5 M) and 2000 feet (610 M) elevation. 400 gpm (1514 Um) at 20 psi (1.4 bar) at 5 feet of lift (1.5 M) and 2000 feet (610 M) elevation. 7. a, No.. CITY OF EDGEWATER MEMORANDUM TO: George E. McMahon, City Manager FROM: Ferdinand Munoz, CPA (Del.), Finance Director SUBJECT: FDEP Grant No. 794010 Audit Report Acceptance DATE: July 25, 1995 Ernst & Young LLP, completed their audit of the revenues and expenditures of the Florida Department of Environmental Protection Grant (FDEP Grant No. 794010), for the period November 25, 1991 through February 13, 1995. The audit work and conclusions have result in a "clean opinion" on the City's use of these grant funds. Nalv The City Council should accept the results of this audit at the next scheduled meeting - we will mail the appropriate number of copies to the FDEP. FMGRANT95 1 i i 4 i ( t j d . 1 City of Edgewater, Florida J Florida Department of Environmental Protection Grant Grant No. 794010 Statement of Grant Revenues and Expenditures — 7 Budget and Actual November 25, 1991 through February 13, 1995 -Tv 1 7 J _] ti tr _ El ERNST & YOUNG L L P " vo i� q tr 1 City of Edgewater, Florida 7 Florida Department of Now Environmental Protection Grant Grant No. 794010 Statement of Grant Revenues and Expenditures — - Budget and Actual November 25, 1991 through February 13, 1995 Contents Report of Independent Auditors 1 low Statement of Grant Revenues and Expenditures — Budget and Actual 3 Notes to Statement of Grant Revenues and Expenditures — Budget and Actual 4 Report of Independent Auditors on Compliance 5 Report of Independent Auditors on Internal Control Structure 6 J ' I J J 1 -li ERNST & YOUNG LLP - Certified Public Accountants • Phone: 407 872 6600 Suite 1700 390 North Orange Avenue Orlando, Florida 32801 -1671 It I Star _i , Report of Independent Auditors P P 1 Honorable Mayor, City Commissioners and City Manager I City of Edgewater, Florida We have audited the statement of grant revenues and expenditures — budget and actual of I the City of Edgewater, Florida, Florida Department of Environmental Protection Grant No. 794010, for the period from November 25, 1991 through February 13, 1995. This statement is the responsibility of the City of Edgewater, Florida's management. Our 1 responsibility is to express an opinion on this statement based on our audit. We conducted our audit in accordance with generally accepted auditing standards and J Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable + assurance about whether the statement of grant revenues and expenditures — budget and 1 ,, actual is free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the statement of grant revenues and expenditures — budget and actual. An audit also includes assessing the accounting 1 principles used and significant estimates made by management, as well as evaluating the overall statement presentation. We believe that our audit provides a reasonable basis for our opinion. 1 As discussed in Note 1, the accompanying statement of grant revenues and expenditures I - budget and actual has been prepared for the purpose of complying with the rules and regulations of the Florida Department of Environmental Protection and is not intended to be a presentation in conformity with generally accepted accounting principles. 1 In our opinion, the statement of grant revenues and expenditures — budget and actual . referred to above presents fairly, in all material respects, the grant revenues and I expenditures — budget and actual of the City of Edgewater, Florida, Florida Department of Environmental Protection Grant No. 794010 for the period from November 25, 1991 through February 13, 1995, on the basis of accounting described in Note 1. 11 %ow 1 1 1 i ll F V 1 . I In accordance with Government Auditing Standards, we have also issued a report dated May 31, 1995 on our consideration of the City of Edgewater, Florida's internal control structure and a report dated May 31, 1995 on its compliance with laws and regulations. '`.► This report is intended solely for the information and use of the City of Edgewater and the Florida Department of Environmental Protection. This restriction is not intended to limit the distribution of this report, which is a matter of public record. 1 .. f yourrLP May 31, 1995 1 1 1 rr 1 1 i J -] rwr 1 r i .1. _ 2 I • 1 City of Edgewater, Florida 1 Florida Department of N Environmental Protection Grant . 1 Grant No. 794010 1 Statement of Grant Revenues and Expenditures — Budget and Actual 1 November 25, 1991 through February 13, 1995 1 Budget (1) Actual I Revenues: State of Florida $2,226,412 $2,226,412 City of Edgewater 2,976,514 2,976,513 ' 1 Total revenues 5,202,926 5,202,925 Expenditures: Administration allowance 24,579 24,579 Design allowance 262,641 262,641 Construction 4,915,706 4,915,705 Total expenditures 5,202,926 5,202,925 Excess of revenues over expenditures $ — $ — (1) Source: Amendment #1 dated May 11, 1992. See accompanying notes. `fir J' 3 i 11 City of Edgewater, Florida �I Florida Department of Environmental Protection Grant 1 Grant No. 794010 Notes to Statement of Grant Revenues and Expenditures — 1 Budget and Actual November 25, 1991 through February 13, 1995 1. Basis of Presentation xi The City of Edgewater, Florida (the "City ") is a political subdivision of the State of Florida. The City provides a full complement of municipal services, except for certain •I education, health and welfare services which are administered by other governmental entities. Included among these services are water and sanitary sewer services accounted w for in the City's Water and Sewer Fund. The City has completed a project to construct an • expansion and upgrade of its Sewer Treatment Plan7(STP) to an Advanced Wastewater Treatment Plam(AWTP) and reclaimed water reuse facility. Funding of this project was provided by a grant and a loan from the Department of Environmental Protection Agency (DEP). This statement of grant revenues and expenditures — budget and actual is prepared on the • i of accounting practices prescribed by the Florida Department of Environmental l Protection in order to comply with a grant agreement between the City and DEP dated November 25, 1991. The financial statement covers only the project described in the •1 grant agreement and is not representative of the City of Edgewater or the City's Water and Sewer Fund taken as a whole. • 1 2. Contingency The grant revenue amount received from the DEP is subject to audit and adjustment. If _1 any expenditures are disallowed by the DEP as a result of such an audit, any claim for reimbursement to the DEP would become a liability of the City. In the opinion of Now management, all grant expenditures are in compliance with the terms of the grant agreement and Chapter 17 -501 of the Florida Administrative Code. ` 4 _I ERNST &YOUNG LLP . Certified Public Accountants • Phone: 407 872 6600 Suite 1700 I . 390 North Orange Avenue Orlando, Florida 32801 -1671 1 J Report of Independent Auditors on Compliance 1 Honorable Mayor, City Commissioners and City Manager City of Edgewater, Florida We have audited the statement of grant revenues and expenditures — budget and actual of I the City of Edgewater, Florida, Florida Department of Environmental Protection Grant No. 794010, for the period from November 25, 1991 through February 13, 1995, and have issued our report thereon dated May 31, 1995. i We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. I Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statement of grant revenues and expenditures — budget and actual is free of material misstatement. 1 lo" Compliance with laws, regulations, contracts and grants applicable to the City of Edgewater, Florida is the responsibility of the City of Edgewater, Florida's management. 1 As part of obtaining reasonable assurance about whether the statement of grant revenues and expenditures — budget and actual is free of material misstatement, we performed tests of the City of Edgewater, Florida's compliance with grant requirements and Chapter 17- 501 of the Florida Administrative Code insofar as they relate to accounting matters. However, our objective was not to provide an opinion on overall compliance. 1 The results of our tests disclosed no instances of noncompliance that are required to be reported herein under Government Auditing Standards. 1 This report is intended solely for the information and use of the City of Edgewater and , the Florida Department of Environmental Protection. This restriction is not intended to 1 limit the distribution of this report, which is a matter of public record. Dv1,4 1 hi-LP 1 % May 31, 1995 1 1 5 i II-11 ERNST & YOUNG L L P ■ Certified Public Accountants ■ Phone: 407 872 6600 Suite 1700 390 North Orange Avenue Orlando, Florida 32801 -1671 1 Report of Independent Auditors on Internal Control Structure P P Honorable Mayor, City Commissioners and City Manager City of Edgewater, Florida We have audited the statement of grant revenues and expenditures — budget and actual of the City of Edgewater, Florida, Florida Department of Environmental Protection Grant No. 794010, for the period from November 25, 1991 through February 13, 1995, and have issued our report thereon dated May 31, 1995. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statement of grant revenues and expenditures — budget and actual is free of material misstatement. The management of the City of Edgewater, Florida is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to asses the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of the statement of grant revenues and expenditures — budget and actual in accordance with the rules and regulations of the Department of Environmental Protection. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. In planning and performing our audit of the statement of grant revenues and expenditures — budget and actual of the City of Edgewater, Florida for the period from November 25, "` 1991 through February 13, 1995, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the statement of grant revenues and expenditures — budget and actual and not to provide an opinion on the internal control structure. Accordingly, we do not express such an opinion. 6 7 :1 • Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under J standards established by the American Institute of Certified Public Accountants. A J material weakness is a condition in which the design or operation of one or more of the N,,so• specific internal control structure elements does not reduce to a relatively low level the J risk that errors or irregularities in amounts that would be material in relation to the statement of grant revenues and expenditures — budget and actual being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. , j This report is intended solely for the information and use of the City of Edgewater and the Florida Department of Environmental Protection. This restriction is not intended to limit the distribution of this report, which is a matter of public record. :Wkidat 't y0141- k L P May 31, 1995 1 1 I ,...,,, 1 1 .1 1 1 TL _ 7 �1. C . • AGENDA REQUEST Date: July 17, 1995 PUBLIC HEARING ORDINANCES RESOLUTIONS OTHER Isar CONSENT 8/7/95 BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Annual Arbitrage Rebate Calculations. BACKGROUND: The Federal Tax Reform Act of 1986, and amendments, requires that tax exempt issuers calculate and refund any arbitrage earnings at each 5 -year interval. The City has both the $13,580,000 (partially refunded), 'Series 1991, and the $12,460,000, Series 1993, Water and Sewer Revenue bonds which require these calculations. In order to determine these liabilities, and report same on the City's financial statements, there is an annual requirement that the calculations be performed. On a quarterly basis the finance department submits financial activity information related to these two outstanding Noy bond issues to Ernst & Young. RECOMMENDATION /CONCLUSION: Staff recommends City Council's consideration of the proposed services from the Jacksonville office of Ernst & Young LLP at a cost of $2,750 per bond issue - a total of $5,500 - plus out -of- pocket expenses. FUNDS AVAILABLE: ACCOUNT NUMBER: 40533/40535 -52320 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) F.D. NO.: 7 -02 PRESENTED BY: Ferdinand Munoz, Finance Director PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Re / ectf ily sub ted, err, V:// Ferdinand Munoz, CPA (Del.) Finance Director Concurrence: George A. McMahon City Manager Copy to: File FMAGENDARBITRAGE ERNST & YOUNG L L P ■ Certified Public Acc ountants • Phone: 904 358 2000 Suite 1800 1 Independent Drive Jacksonville, Floricla 32202 July 12, 1995 Mr. Fred Munoz Finance Director 104 N. Riverside Drive P.O. Box 100 Edgewater, Florida 32032 RE: $13,580,000 Edgewater, Florida Water and Sewer Revenue Bonds, Series 1991 $12,460,000 Edgewater, Florida Water and Sewer Revenue Refunding Bonds, Series 1993 Dear Mr. Munoz: Thank you for your recent letter requesting a quote from us to perform arbitrage compliance services for each of the above - captioned issues Enclosed are two copies of our engagement letter for the current computation period. Please have the letter signed and return one copy. Keep the second copy for your file. I have also included a list of information we will need in order to perform the calculations along with a rolodex card which will serve as a reminder that the rebate is due. Simply affix the sticker onto your calendar. We appreciate the opportunity to be of service to the City. Please feel free to call me if you have any questions. Sincerely, P (\ Margare H. Purcell Enclosures MHP /sgb E RNST & YOUNG L L P r Certified Public Accountants - ■ Phone: 904 358 2000 Suite 1800 1 Independent Drive Jacksonville, Florida 32202 ` or July 12, 1995 Mr. Fred Munoz, CPA Finance Director 104 N. Riverside Drive P.O. Box 100 Edgewater, Florida 32032 $13,580,000 City of Edgewater, Florida Water and Sewer Revenue Bonds, Series 1991 $12,460,000 City of Edgewater, Florida Water and Sewer Revenue Refunding Bonds, Series 1993 Now Dear Mr. Munoz: We would like to take this opportunity to confirm our understanding of the arrangements made with you regarding our special reports on the calculation of arbitrage compliance for the above - referenced bond issue for the current computation period from September 30, 1994 through September 30, 1995, inclusive. The Internal Revenue Code of 1986, as amended and the resolutions authorizing these bonds require the City of Edgewater (the City) to "rebate" to the United States Treasury certain excess earnings. Any amounts earned from investment of the proceeds from the sale of each issue of bonds and certain other funds held under the bond resolution in excess of the amount that would have been earned if such amounts had been invested at a yield equal to the yield on the bonds must be "rebated ". In order to preserve the tax - exemption for the interest on the bonds, the City has covenanted to annually calculate the amount to be rebated and to make the rebate payments at the appropriate times. We will calculate the rebate amount for the issue listed above, including yield calculations, for continued compliance with the provisions of the Internal Revenue Code of 1986, as amended. The calculations will be performed based upon the information supplied to us by the City. J ERNST &YOUNG LLP City of Edgewater, Florida July 12, 1995 page 2 440 Our fees for our services in this regard will be $2,750.00 for each report, plus out -of- pocket expenses which are not anticipated to exceed $100.00 for each issue. At the conclusion of our calculations, we will issue our special report and our related schedules supporting the conclusion of the arbitrage rebate amount of the bonds. The engagement will be performed under the supervision of William Baridon, Engagement Partner and Margaret Purcell, Senior Manager. We would like to thank you for this opportunity to be of service to the City and we hope that ',ese arrangements meet with your approval; if so, please sign one copy in the space provided and rt.'nrn it to us. t hi-LP CITY OF EDGE\ '::TER, FLORIDA Now By: Mr. Ferdinand Mu loz, CPA ATTEST: Approved By: Mr. Jack H. Hayman, Sr . Susan J. Wadsworth Mayor City Clerk Date: Approved for form and Correctness: Krista A. Storey City Attorney J ERNST &YOUNG LLP REQUESTED LIST OF REQUIRED DOCUMENTS AND INFORMATION $13,580,000 City of Edgewater, Florida Water and Sewer Revenue Bonds, Series 1991 • Investments or Bank Statements for the Reserve Fund, including dates and amounts of any draws or transfers, for the period beginning with October 1, 1994 through October 31, 1995. • Investments or Bank Statements for the Construction Fund, Principal and Interest data for the period beginning with October 1, 1994 through September 30, 1995. law $12,460,000 City of Edgewater, Florida Water and Sewer Revenue Refunding Bonds, • Investments or Bank Statements for the Escrow Fund, including dates and amounts of any draws or transfers, for the period beginning with October 1, 1994 through September 30, 1995 • Investments or Bank Statements for the Sinking Fund, including dates and amounts of any draws or transfers, for the period beginning with October 1, 1994 through September 30, 1995 AGENDA REQUEST C.A. NO.: 95 -86 Date: July 31, 1995 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT 08/07/95 BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Healy -Ruff Master End User Software License Agreement for Water Plant Operating and Computer Systems BACKGROUND: Attached is a proposed Software License Agreement for the water plant operating and computer systems. RECOMMENDATION /CONCLUSION: The Agreement has been approved as to legal form and correctness. Staff recommends that the Council approve the Agreement and authorize the Mayor to execute the document. FUNDS AVAILABLE: ACCOUNT NUMBER: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: Y O / if i L ' Krista A. Storey Georg E. McMahon City Attorney City Manager KAS Attachment HEALY -RUFF MASTER END USER SOFTWARE LICENSE AGREEMENT Number 83080 ti`.. Date June 27, 1995 Licensee's Name City of Edgewater Licensee's Address 104 N. Riverside Drive, Edgewater, FL 32032 Healy -Ruff Company ( "H -R ") grants and licensee accepts non- exclusive licenses to use H -R or vendor supplied software object programs on the following terms and conditions. DEFINITIONS: "Licensed Program" means the software object programs in machine- readable or interpreted form and all software source programs supplied as per customer contract. Licensed Program also means permitted reproductions made by licensee and updates provided by H -R. '4l✓ "Registration Certificate" means the form completed by licensee which entitles licensee to support. "Vendor Supplied Programs" means licensed programs developed and owned by a third party ( "Licensor "). Support means the degree to which H -R services licensed programs used on H -R supplied equipment as specified in the Customer Contract. "Customer Contract" means the sales agreement in which H -R supplies equipment and /or software to meet required specifications. Licensee Rights: Upon receipt of the Registration Certificate at H -R, Licensee may make two copies only of any software object programs supplied on diskette, for Licensees's backup and archiving purposes. Licensee shall not have the right to print, copy or reproduce, in whole or in part, in any form whatever, the Licensed Program except as stated above. Licensee agrees to maintain full and complete records of the number and location of any such copies of the Licensed Program which have been generated. 1 Ownership and Copyright of Licensed Program: Each licensed Program is copyrighted. Licensee agrees to include the appropriate copyright notice on all copies and partial copies. Licensee shall use its best efforts to prevent any violation of these copyrights. Each Licensed Program shall remain the property of H -R or Licensor as the case may be and no rights or licenses are granted other than as set forth in this agreement. Assignment, Sale or Transfer: Neither this agreement nor any license may be assigned, sublicensed or transferred by licensee nor may Licensed Programs be rented, leased or otherwise disposed of except as provided herein. Support: Receipt of the registration certificate and fulfillment of the customer contract entitles licensee to support as specified in the Customer Contract. H -R will provide support only if the Licensed Program is used on H-R supplied equipment and only if licensee completes and returns the registration certificate. .H -R will provide support only for copies of Licensed Programs made by H -R and not for copies made by Licensee. `�1rr Term and Termination: This agreement and the License shall continue indefinitely until terminated by Licensee, except'that any license granted hereunder may be terminated by H -R if licensee fails to cure any default after receiving written notice from H -R of such default. After termination of license, licensee will either return to H -R or certify to H -R that Licensee has destroyed the original and all copies or part copies of the terminated Licensed Program except an archive copy. Limitation of Liability: . H -R shall not be liable for any loss of profits, loss of use, interruption of business or services, nor for indirect, special, incidental or consequential damages of any kind incurred by the fulfillment of the License under this agreement. General: low The validity and performance of this agreement are governed by Minnesota Law and the U. S. Copyright . and Patent Laws. Licensee agrees that this agreement supercedes any regulation of the U. S. Government or local goverment bodies .which purport to give the goverment any rights in Licensed Programs. 2 . Healy —Ruff Company • By: _ Nosy Licensee's Authorized Signature • By: Printed Name: • Now' • 3 INTER- OFFICE MEMORANDUM EDGEWATER, FLORIDA TO tcit FROM: Krista A. Storey, City Attorney 0 C.A. NO.: 95 -89 DATE: August 4, 1995 SUBJECT: Addition to Consent Agenda - Amendment 2 to State Revolving Fund Loan Agreement for Wastewater Treatment Plant Attached is a copy of a proposed Amendment 2 to the State Revolving Fund Loan Agreement for the wastewater treatment plant which was received on August 3, 1995. The amendment reduces the previously authorized loan amount by $586,006.00, which represents surplus funds not disbursed to the City. As a result of this reduction, the annual payments are reduced by $42,901.59. In addition to the loan amount, the loan service fee has been reduced from $26,410.00 to $15,396.00. Staff recommends that the Council approve Amendment 2 and authorize the Mayor to execute the document. KAS Attachment Copy to: City Manager City Clerk Finance Director Director of Utilities STATE REVOLVING FUND AMENDMENT 2 TO LOAN AGREEMENT FOR PROJECT CS120794020 CITY OF EDGEWATER This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF EDGEWATER, FLORIDA, existing as a local government agency (Local Government) under the laws of the State of Florida. WITNESSETH: WHEREAS, the Department (formerly the Department of Environmental Regulation) and the Local Government entered into a State Revolving Fund Loan Agreement, Number CS120794020, as amended, authorizing the principal amount of $7,641,290, (excluding $167,750 of estimated) capitalized interest, and WHEREAS, the final Loan disbursement has been made to the Local Government and the disbursement schedule needs revision to reflect actual disbursements; and WHEREAS, adjustment of the Loan amount and Project costs is appropriate pursuant to the Loan Agreement and Chapter 62 -503 (formerly 17 -503), Florida Administrative Code; and WHEREAS, the Local Government has made its first Annual Loan Payment to the Department; and WHEREAS, the annual Loan Payment amount needs revision to reflect the adjusted Loan amount; and WHEREAS, the Project schedule needs revision to incorporate certain dates established during the final construction inspection. NOW, THEREFORE, the parties hereto agree as follows: 1. The Loan amount previously authorized for disbursement is hereby reduced by $586,006, which represents surplus funds not disbursed to the Local Government. 2. The total amount of Loan proceeds disbursed to the Local Government was $7,055,284 and the total amount of Capitalized Interest accrued and included in the Loan principal was $175,111.23. 3. The unpaid principal of the Loan is $6,934,255.15, which amount accounts for the Department's receipt of the first Annual Loan Payment of $559,360.00 and consists of the following: (a) $6,505,766.49 at an interest rate of 3.78 percent per annum; and (b) $428,488.66 at an interest rate of 3.16 percent per annum. 1 4. The annual Loan Payment amount, adjusted to account for the payment received from the Local Government, is hereby revised and shall be in the amount of $516,458.41. Such payment shall be received by the Department on or before September 30, 1995 and annually thereafter on September 30, of each year until all amounts due hereunder have been fully paid. 5. Attachment B, Revised, Estimated Loan Disbursement Schedule, is hereby deleted in its entirety and replaced with Attachment B, Revision 2, attached hereto and made a part hereof. 6. Attachment D, Exact Figures is hereby deleted in its entirety and replaced with Attachment D, Revised, attached hereto and made a part hereof. 7. Section 11.03, Project Schedule, is hereby deleted in its entirety and replaced with Attachment E, attached hereto and made a part hereof. All other terms and provisions of the Loan Agreement shall remain in effect. This amendment to the Loan Agreement shall be executed in three or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. This amendment incorporates Attachments B, D and E hereto. IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary of the Department and the Local Government has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this amendment shall be as set forth below by the Secretary of the Department. for STATE OF FLORIDA for DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF EDGEWATER Secretary Mayor Date Attest: City Clerk SEAL 2 ATTACHMENT B, REVISION 2: LOAN DISBURSEMENTS The Loan disbursements for the Project were as follows: Date Amount January 7, 1992 $ 366,579 June 22, 1992 158,614 August 5, 1992 337,836 September 14, 1992 381,697 September 23, 1992 234,689 October 27, 1992 450,900 December 3, 1992 347,573 December 22, 1992 447,564 January 26, 1993 561,839 March 4, 1993 828,771 March 19, 1993 15,396* March 29, 1993 903,301 April 29, 1993 402,847 May 25, 1993 231,048 June 28, 1993 270,244 July 29, 1993 187,178 August 27, 1993 300,433 September 30, 1993 146,728 November 30, 1993 105,788 December 10, 1993 40,199 April 20, 1994 236,858 June 17, 1994 92,873 June 1, 1995 6,329 The total Loan amount disbursed was $7,055,284. Capitalized Interest in the amount of $175,111.23 accrued on the amount disbursed. *This amount was disbursed directly to the Department's Operating Trust Fund in payment of the Loan Service Fee pursuant to Chapter 62 -503, Florida Administrative Code. The original amount of $26,410 was adjusted to $15,396 to reflect final project costs. 3 ATTACHMENT D, EXACT FIGURES The Local Government and the Department acknowledge that changes in Project costs may occur as a result of the Local Government's Project audit or a Department audit pursuant to Chapter 62 -503 of the Florida Administrative Code. Unless this Agreement is amended subsequent to an audit, the following Project costs shall be final. (1) Administrative Allowance $ 37,116 (2) Design Allowance $ 386,630 (3) Construction and Demolition $ 6,233,003 (4) Equipment and Materials $ -0- (5) Contingencies $ -0- (6) Land $ - (7) Technical Services During Construction $ 299,234 (8) Loan kepayment Reserve $ 83,905 (9) Capitalized Interest $ 175,111 (10) Project Performance Certification $ -0- (11) Final Project Audit $ -0- (12) Loan Service Fee (Amendment 1)* $, 15396 TOTAL COST $ 7,230,395 *The Loan Service Fee represents 3.5% of the final Additional Completion Loan amount excluding the service fee; that is 3.5% of $439,889. 4 ATTACHMENT E: PROJECT SCHEDULE The Local Government agrees by execution hereof: (1) The date on which the Department conducted the final construction inspection of the Project was June 9, 1994. Construction costs incurred after this date shall not be eligible for Loan funding. Eligible costs incurred after June 9, 1994 shall be limited to costs associated with the Project performance period. (2) The date for certification of Project performance is August 23, 1994. (3) Costs incurred after October 4, 1994 (the date of Project close -out) are not eligible for funding. (4) The date by which the second annual Loan Payment becomes due is September 30, 1995. Annual Loan Payments shall be received by the Department annually thereafter on or before September 30 of each year until the entire amount due hereunder has been paid. (5) The close -out audit required under Attachment C of Amendment 1 to this Loan Agreement shall be submitted within twelve months after the effective date of this amendment. 5 INTER - OFFICE MEMORANDUM EDGEWATER, FLORIDA TO 3.ty Coun .1 quz FROM: Krista A. Storey, City Attorney C.A. NO.: 95 -90 DATE: August 4, 1995 SUBJECT: Addition to Agenda - Retaining Dean, Ringers, Morgan and Lawton to Represent City in Stephen Kahle v. City of Edgewater On July 19, 1995, the Mayor was served with the attached Complaint alleging personal injury to Stephen Kahle as the result of his swinging on a swing in Maynard May Park. Upon the filing of the statutory Notice of Claim, the Self Insurance Committee consulted with Joseph Flood in reference to this matter. Now that suit has actually been filed, it is necessary for the City to formally retain legal counsel. Joseph Flood of Dean, Ringers, Morgan and Lawton is currently representing the City in Bertha Pusdrofski v. City of Edgewater and has been assisting the Self Insurance Committee in evaluating claims. Mr. Flood was recently successful on the City's behalf in resolving the case of Rita Malone v. City of Edgewater, S &E Contractors, Inc. and Elizabeth Fenical. The firm's current hourly rate to the City is a very reasonable $95.00. The firm was originally recommended to the City by the League of Cities. I have been very satisfied with the firm's responsiveness and work quality to date and accordingly, recommend that the Council retain the firm in reference to this matter. KAS Attachment Copy to: City Manager City Clerk Finance Director Director of Parks and Recreation Jn fe f1Itrruit /To xxtiu Tottrt of flit $rixtt1i ZIJubirial T rrlxtf txt axtb for Palusizt Trat t ±, jirforttat Case No: 95- 31455 —CICI STEPHEN KAHLE Judge: PATRICK G. KENNEDY Division 31 73 EIJME D . Plaintiff, 1 1 9 11395 vs ATTORNEY CITY OF EDGEWATER • /tea 016/, „ Defendant ! •1g n . SUMMONS l;! THE STATE OF FLORIDA: To each Sheriff of the State: 10e 11i GREETINGS. YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in the above styled cause upon the defendant(s) CITY OF EDGEWATER By Serving: CITY MANAGER GEORGE - MCMAHON 104 NORTH RIVERSIDE DRIVE EDGEWATER, FLORIDA Each defendant is hereby required to serve written defenses to said complaint or petition on plaintiff's attorney, whose name and address is: - DAVID B. RUSSELL, ESQUIRE 213 SILVER BEACH AVENUE DAYTONA BEACH, Florida 32118 within 20 days after service of this summons upon that defendant exclusive of the day of service, and to file the original of said written defenses with the clerk of said court at any of the three addresses listed on the reverse side of this summons either before service on plaintiffs attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. Dated this 10th d o f JULY , 19 95 CC: PLTF ATTY BY MAIL SUM: DEF FWD TO ATTY FOR SOP DIANE M. MATOUSEK CLERK OF THE CIRCUIT /COUNTY COURT (COURT SEAL) b MARY M. NORMAN /ed Deputy Clerk cL4224 -s412 (See Attached or Use Reverse Side for Return Information) IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY - , 7 FLORIDA CASE NO.: Q 5: 31 /5 = C.-7- D VISION: 31 STEPHEN KAHLE, LJ' ORiGINAL OF THIS DOCUMENT FILED iN Plaintiff, OFFICE OF THE CLERK CF THE CIRCUIT COURT, VS . VOLUEIA COt11V FLORIDA, CQ 7 CITY OF EDGEWATER, THIS OF , GL EPIK • Defendant. ly - / / By `eputy CI- COMPLAINT Plaintiff, STEPHEN KAHLE, sues Defendant, CITY OF EDGEWATER, and alleges: 1. This is an action for damages that exceed $15,000.00. 2. The Defendant has been placed on notice of the Plaintiff's claim pursuant to Florida Statute Section 768.28, and a copy of the Plaintiff's correspondence is attached hereto as Plaintiff's Exhibit 1. 3. On or about 7/4/93, Defendant was the owner and in possession of the Maynard May Park located in the City of Edgewater, County of Volusia, Florida, that was used for recreational purposes. 4. At that time and place, Plaintiff went on the property to attend a picnic. '5. Defendant negligently maintained a swing set on the property by allowing it to remain in a state of disrepair such that when the Plaintiff sat on the swing, the chain holding up the swing broke, causing the Plaintiff to fall to the ground and injure himself. 6. The negligent condition was known to Defendant or had existed for a sufficient length of time so that Defendant should have known of it. 7. As a result of Defendant's negligent, Plaintiff was injured in and about the body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, suffered physical handicap and impaired working ability. The injuries are either permanent or continuing in nature and 1 Plaintiff will suffer the losses and impairment in the future. WHEREFORE, Plaintiff demands judgment for damages against Defendant and a trial by jury. TAPPAS, TINSLEY & RUSSELL, P.A. N 14 / 7_/ (; ( 4_, (;' 4 i 4 t eed' 514 r, PO °‘)' ( „-ir • By: �� yLil DAVID B. RUSSELL, ESQUIRE (4" CC 213 Silver Beach Avenue �j r Daytona Beach, Florida 32118 (904) 254 -2941 Florida Bar No. 444911 Attorneys for Plaintiff cc: Stephen Kahle 4 THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 fayor Jack H. Hayman City Manager George E. McMahon +, istrict 1 Councilman Danny K Hatfield AGENDA REQUEST City Attorney Krista A. Storey District 2 Councilwoman Louise A. Martin City Clerk Susan J. Wadsworth District 3 Councilman Michael D. Hays District 4 Councilman David L. Mitchum Date: JULY 9, 1995 PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS x ITEM DESCRIPTION /SUBJECT: Request for re- appointment to Beautification Committee. BACKGROUND: Connie Newcomb term is due to expire August 5, 1995 from the Beautification Committee, she is requesting to be re- Now appointed for a full term. RECOMMENDATION /CONCLUSION: Council decision FINANCIAL IMPACT; No Impact FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Susan J. Wadsworth PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. Respectfully submitted by: Susan J. Wadsworth City Clerk,CMC 104 NORTH RIVERSIDE DRIVE FAX - (904)424 -2409 SUNCOM 383 -2400 CITY CLERK - (904)424 - 2407 - PERSONNEL- (904)424 -2408 • I I .: .� V • Connie and Cal Newcomb 05-12-95 A 1 1: 2 V D A v 2314: Yule Tree (.> Edgewater, FL 32141 D 0 v� 4.• AGENDA REQUEST Date: MAY 17, 1995 r PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS x ITEM DESCRIPTION /SUBJECT: Request for appointment to Beautification Committee due to the resignation of Kathleen Spellman. BACKGROUND: Due to moving out of state, Ms. Spellman has resigned from the Beautification Committee effective immediately. Ms. Spellman's term will not expire until October 16, 1996. RECOMMENDATION /CONCLUSION: Council decision low FINANCIAL IMPACT: No Impact FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Susan J. Wadsworth PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. Respectfully submitted by: Susan J. Wadsworth City Clerk,CMC 05- 10- 95A,10:20 RC VD / /Ay c' • l.q?5.- �. C , _Q._ _ � � - -C�,C.c.�l O , CLtit 4- . d5 .. �: �`ZC 'C1K `f 1 e� .. C t� Ipo ct,-4 tk,u2,44 Goo(-3 It (4/1)-. n QJ /? . vvuz Cr..254•A. 4144.4..r _ pk_eto /.241 '`Ute.s.: 140-7, Now • • • • • V.11 • 111 0 1 - 94A10:15 RCVD CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 %w, APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME ti 1 W e( L. Vl S£ o .ern ADDRESS 3 P Ai c R t ,z .E' 131z. HOME PHONE 9 — - BUSINESS PHONE 4 z 7, ! 70 OCCUPATION R£ T r R E D Are you a resident of Edgewater ye S How long /1 MOJTI,S Is your principal place of employment in Edgewater? if yes how long? Briefly state your interest: in serving on a City board, agency or committee: vE IZY / m 7 - 5 kF T p s G E P 4.)/4Th 3 Co r-t E G EST CT/ / til Va �. u s 1 A C, o v lv rI ilrr y H E L D oR' L:./6AT ,A/DosTR( CoPir1c/41 Bus/t4 ES S /K aba.E t4 tz. a N D (3 p t/T VI _ 44s2— Are you a registered voter? 1/67S Do you hold public office? pt v Are you employed by the City? " _ NO At the present time, do you serve on any other Boards, Agencies, or committees? No If so, list each: Have you ever served on any boards, agencies, or committees? If so, list each: (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. BUILDING TRADES REGULATORY & APPEALS BOARD CITIZENS CODE ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION X ECONOMIC DEVELOPMENT LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC COMMITTEE Nurr SIGNATURE ft DATE: ///// / d T ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** AGENDA REQUEST C.A. NO.: 95 -87 Date: July 31, 1995 °`a. PUBLIC ORDINANCE HEARING RESOLUTION OTHER CONSENT BUSINESS 08/07/95 CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Proposed Resolution of Access Issue Related to Vacation of Alleyway and Portion of Guava Drive, Ordinance No. 88 -0 -29 BACKGROUND: Pursuant to Council's direction on January 23, 1995, I have been pursuing a resolution to the access problem raised by Steven C. Levine in reference to the vacation of the alleyway and a portion of Guava Drive via Ordinance No. 88 -0 -29. I have had several conversations and exchanged correspondence with J. Boyd DeLoach, attorney for William C. Walsh who is the owner of Lot 500. Through N wi e Mr. DeLoach, Mr. Walsh has agreed to provide access across his property to the alleyway from the currently unopened portion of Guava Drive. This solution would necessitate the City opening that portion of Guava Drive adjacent to the FEC right -of -way. The granting of this access by Mr. Walsh is subject to four conditions set forth in the attached July 20, 1995 letter from Mr. DeLoach. Also attached is a copy of a survey showing the area proposed for access. RECOMMENDATION /CONCLUSION: I have reviewed Mr. DeLoach's proposed conditions with both the City Manager and Director of Community Development. Staff feels that these conditions are reasonable in view of the circumstances involved and the lack of other realistic options for solving the problem. Accordingly, Staff requests that the Council consider conceptual approval of the proposed resolution. Upon generation of the deed, the Council would be requested to give final approval through formal acceptance of the deed. t o"' FUNDS AVAILABLE: ACCOUNT NUMBER: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES XX NO DATES: December 19, 1994 AGENDA ITEM NO. 6.G. January 23, 1995 Respectfully submitted, Concurrence: yrkiz George '. McMahon Kri a A. Storey City Manager City Attorney KAS Attachments err► DELOACH & PETERSON, P.A. ATTORNEYS AT LAW J. BOYD DELOACH 418 CANAL STREET SID C. PETERSON II POST OFFICE BOX 428 PHILIP B. PETERSON NEW SMYRNA BEACH. FL 32170 (904) 428-2464 FAX (904) 423 -9967 July 20, 1995 Krista A. Storey, Esq. Edgewater City Attorney P.O. Box 100 ' 104 North Riverside Drive Edgewater, FL 32132 n cr Re: William C. Walsh Dear Ms. Storey: This will confirm our phone conversation that Mr. Walsh is in agreement with your latest proposal concerning Guava Drive and Lot 15, Block 16 F.S. No. 1 upon the following conditions: low 1. He will deed the 50' (N and S) parcel provided the deed has a reverter clause to him in the event the parcel is no longer used for road purposes. 2. That the City gives Mr. Walsh a letter stating that the above deed and the division of Lots 433 through 438 inclusive does not violate the City of Edgewater Subdivision ordinance or any other ordinance. 3. The City require the adjoining owners to Lot 500 to remove any items on said lot and to cease using it as access to their property. 4. The City gives Mr. Walsh a General Release evidencing Lot 500 has complied with all requirements for narrowing of Guava Drive: V: , y truly yo Ts J'. BOYD DELOACH JBD:mcf cc: William Walsh PLAT OF BOUNDARY SURVEY FOR: wirLTAM C. WALSH, TRUS'rl;r; LeGAL DESCRIPTION: PARCEL A: THE WEST 25 FEET OF LOTS 433 TO 438, INCLUSIVE AND ALL OF LOT 500, BLOCK 16, FLORIDA SHORES NO.1 AS RE(.'ORDEJ IN MAP BOOK 23, PAGE 57, 1'UBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. PARCEL B: THAT PART OF A 15 FOOT ALLEY LYING WESTERLY 01? AND ADJACENT TO LOTS 433 TO 436, INCLUSIVE, BIOCK.16, FLORIDA SHORES NO. 1, AS RECORDED IN MAP 1300K 23, PAGE 57, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. P - - EL C: THAT PORTION OF GUAVA DRIVE LYING WESTERLY OF AND ADJACENT TO Ii , )0, BLOCK 16, FLORIDA SHORES NO. 1, AS RECORDED IN MAP BOOK. 23, PAGE 57, POIILiC RECORDS 01? VOLUSIA COUNTY, FLORIDA, BEING MORE PARATICULARLY 0 q q4) DESCRIBED AB FOLLOWS: BEGINNING AT THE SOUTHWESTERLY (Y)RNF,R 04' SAID ; g 44 LOT 500; THENCE S68 DEGREES 00 11•IINU'1'ES 00 SECONDS WEST ALONG T11E 1 8 R / 1 NORTHERLY RIGHT OF WAY LINE 01? INDIAN RIVER BOULEVARD. A DISTANCE OF 20.15 p l ( 6 FEET; THENCE N14 DEGREES 57 MINUTES 51 SECONDS WEST A DISTANCE OF 44738 0' I i/6 8 '00 '00 ''E'' FEET; THENCE N68 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE 01? 20.15 FEET, Fo , 0, /S ' TO THE MOST NORTHERLY CORNER 01( SAS) LOT 500; THENCE 814 DEGREES 57 Cf'C9L f •/' MINUTES 51 SECONDS EAST AIONG'1'DE WESTERLY LINE OF SAID LOT 500, A DISTANCE 0 9 7 - • //- f OF 447.38 FEET TO THE POINT OF BEGINNING. .: I t[¢/ 1-Z. M 0 .v gf ' 'LY 0 4n,.,`��r. CO QNF.4 O LoT Sp PAR D: THAT PORTION OF A 15 FOOT ALLEY LYING WESTERLY OF AND ADJACENT Y '1'O LU'I'S 437 AND 438 INCLUSIVE, BLOCK 16, FLORIDA SHORES NO. 1 AS RECORDED IN t � MAP BOOK 23, PAGE 57, PUBLIC RECORDS 01? VOLUSIA COUNTY, FLORIDA. ' MF ., _ a I 1 L4 ' __' .. L 4-6'6'/4.40: N � 1 0 c, .. V ! ' • CoNC.eEr6 .4. EV7 - Q II__ r� �¢ `# y k c.• Eo G6 of .oq ✓EME.VT . '1 , F E B —U- • 0..- .4. 4 I • '. V 4\ 05 18 1 a P X' . _ • • I. X21 ',i4 '-„- (:.-,..„D 3 / =S Ni) ' ,1e v kl 437 jJ . Q f� ovF.9.YE90 uric /ry , N is a W \ W :: L. , 136 Q , � , : �, .` ' o Q . �_� > -y. IV .., Q LOr P �E W Soo y /z s" /) I$ q 4. ) ' /'..• W I oe Z 5 ... 0a • l I e 0 139 l ,2EB9Q r ,f J'ovv.YIYE - s - , Y i '.: �� 9 o, Il , L a G9.°.✓zS99 ,. GoRNE.' OF Gor . f .M• ; o• /S° 5-0 OO J1.78 •' /s zs /oo.0 _ , t f0 ' . LS'. 68'00'00"i-1/ / / /i.9,3 `' / e Po/n/7" of Bd6 /.L/N /NG I A'.9.gCE C , .r/ofl.>/E1LY 'y /C.S/T OF /s y) G /.44E . / A/O/"9 A/ .P/ 1/E ,c BO C./Z_ E V, 'D (65 ",P /.v) E P _ NOTES: L� I. THIS IS A BOUNDARY SURVEY PERFORMED IN THE FIELD ON /A il9Y- // 2. NO UNDERGROUND INSTALLATIONS HAVE BEEN LOCATED. 3. LEGAL DESCRIPTION FURNISHED BY CLIENT OR REPRESENTATIVES OF CLIENT. NO LEGAL SEARCH OF PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 4. SUBJECT TO ANY EASEMENTS, RESERVATIONS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD, IF ANY. THIS PROPERTY LIES IN ZONE X PER FLOOD INSURANCE RATE MAP FIRM COMMUNITY PANEL /03 000/ C. DATED 6 -G- 1 BEARINGS • SHOWN ARE BASED ON GE6yL 0Esc5 /Pr /o%/ I , I NOT VALID UNLESS EMBOSSED WITH LAND SURVEYORS SEAL /� I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHI RALPH DIMARSICO STANDARDS ASSET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL PROFESSIONAL LAND SURVEYOR ANT TO SECTION CHAPTER .027 LORIDA STATUTES. ATT ADMINISTRATIVE CODE. PI PHONE: (904) 426 -1329 • FAX (904) 426 -1324 ' P.O. BOX 702941 ,.c ' ° . 1 -• -cam NEW SMYRNA BEACH, FLORIDA 32170 RALPH DIMARSICO (PROFESSIONAL LAND SURVEYOR NUMBER 51801