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05-04-1998 ~ / { o o Votina Order Mayor Allman Councilman Gomto Councilman Hammond Councilman Roberts Councilwoman Lichter AGENDA CITY COUNCIL OF EDGEWATER MAY 4,1998 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES A. Regular meeting of April 20, 1998 3. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments they may have on any agenda items other than public hearings. Please state your name and address, and please limit your comments to five minutes or less.) 4. CITY COUNCIL REPORTS 5. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS (None) 6. CONSENT AGENDA Items on the consent agenda are defined as routine nature that do not warrant detailed discussion or individual action by the Council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second and vote by the City Council. Items on the consent agenda are not subject to discussion. One of the most basic rules of a consent agenda is that any member of the City Council may remove any item from the consent agenda simply by verbal request at the City Council meeting. Removing an item from the consent agenda does not require a motion, second or a vote; it would simply be a unilateral request of an individual Councilmember. A. Satisfaction of special assessment (paving) lien 7. OTHER BUSINESS A. Professional services agreement for design, permitting and construction phase services associated with Park Master Plan and Gymnasium Complex located off Turgot Avenue (Submitted as draft 4/20/98) B. Infrastructure reimbursement agreement for the Florida Inland Navigation District project C. Contract with McKim and Creed, P.A., for engineering services pertaining to Florida Inland Navigation District V-26 project D. City purchase of 5 lots on Hibiscus Drive from Edgewater Volunteer Fire/Rescue Association at a cost of $37,500 for construction of a new fire station E. Edgewater Volunteer Firefighters' Association request for donation to help offset cost of annual Independence Day fireworks display Continued on page 2 / ) o o Agenda - City Council of Edgewater May 4, 1998 - Page 2 7. OTHER BUSINESS (Continued) F. Police Chief's request to purchase 23 sets of duty gear at a cost of $4,216.13 using Law Enforcement Trust Fund moneys G. Purchase of 1988 Vactor Truck for Stormwater Management Department at a cost of $47,000 H. Resurface Beulah Drive, Industrial Road, Pelican Lane and 16th Street using County bid for asphalt placement at a cost not to exceed $47,500 I. Request of No Name Saloon, Lounge & Pkg. to hold charitable poker run at 2001 S. Ridgewood Avenue, May 23, 1998, 7 am to 2 pm and waive administrative fee J. Appointments to Citizen Code Enforcement Board 1) Councilman Hammond appointment due to resignation of Donald Schmidt 2) Councilman Roberts appointment due to expiration of term of Chairman K. Anthony Fowler 3) Councilwoman Lichter appointment due to expiration of term of Frank Roberts K. Councilwoman Lichter appointment to Firefighters Pension Board due to resignation of Fred Munoz 8. GENERAL CITIZEN COMMENTS/CORRESPONDENCE 9. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 10. ADJOURN. NOTE: All items for inclusion on the May 18, 1998, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, May 11, 1998. 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. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the meeting. G I 7 1 AGENDA REQUEST C.A. NO.: 98 -063 Date: April 23, 1998 PUBLIC 'fir HEARING RESOLUTION ORDINANCE OTHER CONSENT 05/04/98 BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Satisfaction of Special Assessment (Paving) Lien BACKGROUND: On April 21, 1998, payment in the amount of $802.73 was received from Unity Builders Inc. in satisfaction of a paving lien recorded against property owned by Louis M. and Mary Andersen located at 2946 Queen Palm Drive. RECOMMENDATION /CONCLUSION: Staff recommends that the City Council acknowledge receipt of the payment and authorize the Mayor to execute the attached Satisfaction of Lien. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: OA - (ca., ikki Clayton . Kevin Grace City Attorney City Manager ://1 Ferdinand Munoz Assistant City Manager/Finance Director NC /rmw SATISFACTION OF SPECIAL ASSESSMENT (PAVING) LIEN CITY OF EDGEWATER, FLORIDA KNOW ALL MEN BY THESE PRESENTS: That the City Council of the City of Edgewater, Florida, pursuant to the provisions of Chapter 170, Florida Statutes, on February 15, %or 1989, filed a lien against property owned by Louis M. and Mary Andersen and described as Lots 10375, 10376 and 10377, Block 333, Florida Shores Number 12, said lien being recorded in Official Records Book 3262, Pages 0993 through 0996 of the Public Records of Volusia County, Florida. The City Council does hereby waive the interest due and acknowledge full payment and satisfaction thereof from Unity Builders Inc. (on behalf of the property located at 2946 Queen Palm Drive) and hereby consents that the same shall be discharged and satisfied of record. IN WITNESS WHEREOF, the City Council of the City of Edgewater, Florida, acting by and through its Mayor, who was authorized to execute this Satisfaction of Lien by the City Council action on May 5, 1998, has executed this instrument this day of fir.► 1998. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney (Liens\Andersen- paving -sat) • 7 R. AGENDA REQUEST Date: April 15, 1998 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT BUSINESS X CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Professional services agreement for design, permitting and construction phase services associated with Park Master Plan and Gymnasium Complex located off Turgot Avenue. BACKGROUND: The City Council authorized Staff to negotiate an agreement with McKim & Creed for design of a Park Master Plan and Gymnasium Complex to be located off Turgot Avenue. This agreement is for professional services in compliance with all State laws concerning the selection of Engineers/Architects. RECOMMENDATION /CONCLUSION: Staff recommends that City Council approve the attached agreement. FUNDS AVAILABLE: ACCOUNT NUMBER: General Fund Cash Reserve SPECIFY IF BUDGET AMENDMENT IS REQUIRED: YES n. PREVIOUS AGENDA ITEM: NO /35, DATE: AGENDA ITEM NO. Respectfully submitted, ack Corder Director of Parks & Recreation Concurrence: � ‘.A1C---41'-- Nikki Clayton evin Grace i� /CC�00-( City Attorney ity Manager ND 7) e Y ' '`10 , l oco fine I F A eex146ti kosia , te 101 @ PARKS and RECREATION Ntroe RECREATIONAL COMPLEX AGREEMENT THIS AGREEMENT, made this day of , 19 by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereafter referred to as "City "), whose address is 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida 32132 -0100 and McKIM & CREED, a Florida corporation (hereafter referred to as "Engineer /Architect "), whose address is 483 South Nova Road, Ormond Beach, Florida 32174. WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, the City and Engineer /Architect agree as follows: 1. SERVICES: Engineer /Architect The City proposes to develop a Recreation Complex located on a 26 acre site off Turgot Avenue. The City requires professional services from an Engineer /Architect firm to provide (1) a Master Plan and related services for the entire site and (2) Architectural design, permitting, engineering and construction supervision of a gymnasium building of approximately 21,000 to 30,000 square feet. The City's budget for the project is $1,160,000. The City does hereby retain the Engineer /Architect to furnish professional services and perform those tasks outlined in "Scope of Work ", attached hereto as Exhibit "A" and made a part (AgreemnAParks &Recreation - RecreationComplex) 1 hereof. This Agreement standing alone does not authorize the performance of any Work or require the City to place any orders for Work. The City reserves the right to contract with other parties for professional services within the scope of this Agreement when it is determined to be in the best interests of the City to do so. 2. TIME FOR COMPLETION: (a) The services to be rendered by Engineer /Architect shall commence, upon receipt of the Notice to Proceed and Work Orders to be issued hereunder, and shall be completed within the time specified therein. In the event Engineer /Architect is unable to complete services because of delays resulting from untimely review and approval by City and other governmental authorities having jurisdiction over the Project and such delays are not the fault of Engineer /Architect, City shall grant a reasonable extension of time for completion of Work upon timely written request for same which shall be given by Engineer /Architect to the City no later than 48 hours after such occurrence. (b) Should the City determine that significant benefits would accrue from expediting an otherwise established time schedule for completion of services under a given Work Order, that Work Order may include a negotiated payment incentive or schedule of incentives based on time savings. 3. AUTHORIZATION FOR SERVICES: Authorization for performance of professional services by the Engineer /Architect shall be in the form of Work Orders issued by the City. Each Work Order shall describe the specific phase of the Project to be performed and will be issued under and shall incorporate the terms of this Agreement. The Phases which comprise the work to be performed hereunder are described in the Scope of Work attached as Exhibit A. (Agreemnt\Parks &Recreation - RecreationComplex) 2 4. COMPENSATION AND METHOD OF PAYMENT: (a) The City will pay the Engineer /Architect for services performed under each Work *o..► Order that portion of the TOTAL FEE which corresponds to the percentage of the total project assigned to that Phase as described in subparagraph (c)(1) of this Section 4. In the case of Additional Services, payment will be limited by the "not -to- exceed" amount indicated on the Work Order. No payments will be made to Engineer /Architect in excess of the not -to- exceed amount regardless of actual hours worked towards completion of the authorized services. Payments shall be made to the Engineer /Architect when requested as Work progresses, but not more than once monthly for services furnished. (b) Upon approval of such payment requested by the Engineer /Architect, City agrees that it will make its best efforts to pay same within thirty (30) calendar days of receipt of Engineer /Architect's invoice. (c) Basic Services: The TOTAL FEE for the Project as identified in Exhibit "A" to this Agreement is a not -to- exceed amount of one hundred thirty -five thousand eight hundred and no /100 ($135,800.00). Engineer /Architect may invoice the amount due under each Work Order based on the percentage of the services actually performed and completed of total amount to be billed pursuant to the applicable Work Order. Each invoice shall contain a Work Accomplished Statement wherein the Engineer /Architect certifies the work element is completed to at least the percentage shown on the invoice. Each invoice shall also be accompanied by written concurrence from the Director of Parks and Recreation. Now (1) A separate Work Order shall be issued for each of the following phases of the Project as identified in Exhibit "A" of this Agreement. (AgreemnAParks &Recreation-RecreationComplex) 3 (d) Additional Services: Services which are referred to as "Additional Services" and outside the Scope of Work as described in Exhibit "A" of this Agreement, must be approved in 'tow writing by the City. If additional services are negotiated on an actual cost basis, the City shall compensate the Engineer /Architect for such services on an hourly rate basis as follows: PRINCIPAL 120 SENIOR PROJECT MANAGER 110 QA/QC SPECIALIST 110 SENIOR TECHNICAL SPECIALIST 102 SENIOR STRUCTURAL ENGINEER 90 SENIOR PROJECT ENGINEER 90 STORMWATER ENGINEER 87 SENIOR LANDSCAPE ARCHITECT 85 SENIOR PROJECT ARCHITECT 85 ELECTRICAL ENGINEER 75 HVAC ENGINEER 75 SENIOR ARCHITECTURAL CAD DESIGNER 70 SENIOR CAD DESIGNER 57 N PROJECT ENGINEERING TECHNICIAN 54 COST ESTIMATOR 54 ARCHITECTURAL CAD DRAFTER 45 ADMINISTRATIVE ASSISTANT 33 SURVEY 3 PERSON CREW 77 2 PERSON CREW 65 SURVEY MANAGER 65 SURVEY TECHNICIAN 45 or such additional services may be negotiated at a fixed not -to- exceed price. Where the services of subconsultants are required to complete such Additional Services, the actual cost of such subconsultant service without mark -up of invoices, shall be compensated to Engineer /Architect by City. The cost to Engineer /Architect of coordinating such subconsultant efforts shall be included ouirr in the authorization for Engineer /Architect's hourly services. 5. GENERAL TERMS OF PAYMENT: (a) Upon satisfactory completion of Work required under Work Orders issued hereunder (AgreemnAParks &Recreation- RecreationComplex) 4 or any supplements thereto, and upon acceptance of the Work by the City, the Engineer /Architect may invoice the full final amount of compensation provided for under the terms of this Agreement ''rr. less amounts already paid by the City. The City shall make its best efforts to pay the Engineer /Architect within thirty (30) days of receipt of such invoice. If construction is involved, final payment to the Engineer /Architect shall be made by the City within sixty (60) calendar days of the City's acceptance of the fully executed Certificate of Contract Completion for the Construction Contract. (b) The City may perform or cause to have performed, an audit of records of the Engineer /Architect after final payment to support final payment issued hereunder. This audit shall be performed at a time mutually agreeable to the Engineer /Architect and the City subsequent to the close of the fmal fiscal period in which the last Work is performed. Total compensation to the Nosy Engineer /Architect may be determined subsequent to an audit as provided for in this Section and the total compensation so determined shall be used to calculate final payment to the Engineer /Architect. Conduct of this audit shall not delay final payment as required by Paragraph (a) of this Section. (c) In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or of the County of Volusia, or any representatives, shall have access to any books, documents, papers and records of the Engineer /Architect which are directly pertinent to Work performed under this Agreement for the purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, state or county grant pertaining to Engineer /Architect will be `err adhered to by the Engineer /Architect. Copy of such grants shall be furnished to Engineer /Architect. (Agreemnt\Parks &Recreation - RecreationComplex) 5 (d) The Engineer /Architect agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. (e) In the event any audit or inspection conducted reveals any overpayment by the City under the terms of this Agreement, Engineer /Architect shall refund such overpayment to the City within thirty (30) days of notice by the City. (f) Payment will be mailed to Engineer /Architect at the following location: McKIM & CREED 483 South Nova Road Ormond Beach, Florida 32174 6. CHANGES IN SCOPE OF WORK: City or Engineer /Architect may request changes that would increase, decrease, or otherwise modify the scope of work to be provided under this Agreement. Such changes and method of compensation must be agreed upon in writing by written Change Order to this Agreement prior to any deviation from the terms of this Agreement, including the initiation of any extra Work. Such changes, when properly executed, shall become an Amendment to the Agreement. Written Change Orders shall be in form and content acceptable to the City. (AgreemnAParks &Recreation - RecreationComplex) 6 7. RESPONSIBILITY OF THE ENGINEER/ARCHITECT: '%.r (a) The Engineer /Architect shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications and other services furnished by the Engineer /Architect under this Agreement. The Engineer /Architect shall, without additional compensation, correct or revise any errors or deficiencies in their designs, drawings, specifications and other services. (b) The Engineer /Architect shall be responsible for designing the Project which can be completed within the Project budget. If the bids for construction of the Project exceed the Project budget by more than 10 %, Architect/Engineer agrees to redesign the Project at no additional cost to the City until the construction bids received are within the City's budget. 'err (c) Neither the City's review, approval or acceptance of, nor payment for any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Engineer /Architect shall be and remain liable to the City in accordance with applicable laws for all damages to the City caused by the Engineer /Architect's errors, omissions, misconduct or negligent performance of any of the services furnished under this Agreement. (d) In the event that arbitration or litigation becomes necessary for any reason with regard to the terms of this Agreement, the prevailing party shall be due the cost and expense of such action including, but not limited to, court or arbitration costs, interest and reasonable attorney's fees at trial and appellate levels. (AgreemnAParks &Recreation - RecreationComplex) 7 (e) The rights and remedies of the City, provided for under this Agreement are in addition to any other rights and remedies provided by law. 8. OWNERSHIP OF DOCUMENTS: All plans, drawings, reports and specifications that result from the Engineer /Architect's services under this Agreement shall become the property of the City. The Engineer /Architect shall retain possession of the originals of all documents. Engineer /Architect shall provide reproducible sepias or other reproducible medium as is mutually agreed of all documents to the City. 9. REUSE OF DOCUMENTS: (a) Wherever and whenever applicable, all documents including drawings and specifications furnished by Engineer /Architect pursuant to this Agreement may be reused by the City for future projects. (b) Should the City determine that significant benefits would accrue from such reuse, Work Order(s) will be negotiated on that basis. (c) City shall have the right to reuse the documents, drawings, specifications and contract with other parties, not the Engineer /Architect. Such reuse will be without need of written approval of the Engineer /Architect, however, the City shall, to the extent permitted by law, indemnify the Engineer /Architect who shall not be held professionally responsible for any such reuse. (d) If the City elects to reuse the documents and engage the professional services of the Engineer /Architect for construction of future buildings, Engineer /Architect agrees to perform said w services for a mutually agreed upon discounted fixed fee to be negotiated under such Change Order for additional Work. If issuance of any Work Order for future buildings shall require that a "Clerk - (AgreemntWarks &Recreation - RecreationComplex) 8 of- the - Works" be employed pursuant to the Scope of Work, compensation for his/her services shall be negotiated as part of that Work Order. 10. TERMINATION: (a) The City may by written notice to the Engineer /Architect, terminate this Agreement or any Work Order issued hereunder, in whole or in part, at any time, either for the City's convenience or because of the failure of the Engineer /Architect to fulfill their Agreement obligations. Upon receipt of such notice, the Engineer /Architect shall: (1) Immediately discontinue all services affected (unless the notices stipulates otherwise); and (2) Deliver to the City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the i.. Engineer /Architect in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of the City, the Engineer /Architect shall be paid full compensation for services performed to the date of termination. (c) If the termination is due to the failure of the Engineer /Architect to fulfill the Agreement obligations, the City may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, the Engineer /Architect shall be liable to the City for reasonable additional costs occasioned to the City thereby including, but not limited to, all consequential damages arising from Engineer /Architect's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising therefrom. (Agreemnt\Parks &Recreation - RecreationComplex) 9 (d) If, after notice of termination for failure to fulfill Agreement obligations, it is *ft `" determined that the Engineer /Architect had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the Agreement price shall be made as provided in Paragraph (b) of this Section and such adjustment in Agreement price shall be deemed to be the sole remedy of the Engineer /Architect. (e) The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. (f) The Engineer /Architect shall have the right to terminate for failure of the City to fulfill its Agreement obligations and may employ all other rights and remedies otherwise available to Engineer /Architect under law. Skov 11. EQUAL OPPORTUNITY EMPLOYMENT: Engineer /Architect agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading/promotions, demotion or transfer, recruitment, advertising; layoff or termination; rates of pay or their forms of compensation; and selections for training, including apprenticeship. 12. NO CONTINGENT FEES: Engineer /Architect warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer /Architect to solicit or secure this (Ag reemnAParks &Recreation-RecreationComplex) 10 Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Engineer /Architect, any fee, commission, *ay percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift or consideration. 13. CONFLICT OF INTEREST: Engineer /Architect agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. 14. ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered under any circumstances by the parties hereto without prior written consent of the opposite party and only a document of equal dignity herewith. However, this Agreement shall run to the Edgewater City Government and its successors. 15. SUBCONSULTANTS /SEPARATE CONSULTANTS: If the Engineer /Architect desires to employ Subconsultants in connection with the performance of its Services hereunder: (a) Any proposed Subconsultants shall be submitted to the City for written approval prior '�rrr► to Engineer /Architect entering into a Subconsultant Agreement. (AgreemnAParks &Recreation - RecreationComplex) 11 (b) Engineer /Architect shall coordinate the services and work product of any Subconsultants, and remain fully responsible under the terms of this Agreement. Engineer /Architect shall be and remain responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications and other services furnished by Engineer /Architect or its Subconsultants. Engineer /Architect shall, without additional compensation, correct or revise any errors or deficiencies in the designs, drawings, specifications or other services produced pursuant to this Agreement. (c) Any Subconsultant Agreement shall be in writing and shall reflect the terms of this Agreement and require the Subconsultant to assume performance of Engineer /Architect's duties commensurately with Engineer /Architect's duties to City under this Agreement, it being understood that nothing contained herein shall in any way relieve the Engineer /Architect from any of its duties under this Agreement. Engineer /Architect shall provide the City with copies of all Subconsultant Agreements upon request of the City. (d) Engineer /Architect shall cooperate at all times with the City and its other consulting engineers or design professionals, and cooperate and coordinate with, and incorporate the Work product of any separate Engineer /Architect, consulting engineer or design professional retained by the City, in any fashion appropriate or necessary to facilitate the design and construction of the Project within the Project Construction Budget and Schedule. 16. INDEMNIFICATION OF CITY: (a) To the fullest extent permitted by law, the Engineer /Architect shall indemnify, hold harmless and defend the City, its agents, servants, and employees or any of them from and against (AgreemntPParks &Recreation - RecreationComplex) 12 all claims, damages, losses and expenses, including but not limited to attorney's fees and other legal costs such as those for paralegal, investigative and legal support services, and the actual costs Now incurred for expert witness testimony arising out of or resulting from the performance of services required under this Agreement, provided that same is caused by the error, omission, negligent act, or misconduct of the Engineer /Architect, its agents, servants, employees, or Subconsultants. In accordance with Florida Statutes, Section 725.06, adequate consideration has been provided to the Engineer /Architect for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges and immunities of the City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of the Engineer /Architect or its agents or Subconsultants, anyone directly or indirectly employed by them or anyone for whose acts they may Now be liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Engineer /Architect or its agents or Subconsultants, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. (b) The execution of this Agreement by the Engineer /Architect shall obligate the Engineer /Architect to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. (c) The City will require that any contractor, performing work in connection with drawings and specifications produced under this Agreement, agrees to hold harmless, indemnify and low defend the City and Engineer /Architect, their consultants and each of their officers, agents ad employees from any and all liability claims, losses, or damages arising out of the contractor's (or (AgreemnAParks &Recreation - RecreationComplex) 13 subcontractor's) negligence in the performance of the work described in construction contract documents, but not including liability that may be due to the sole negligence of the City, the Nor Engineer /Architect, their consultants, or their officers, agents and employees. 17. MINIMUM INSURANCE REQUIREMENTS. (a) Prior to the commencement of the Work, 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 IV or better 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 of insurance executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements ■.y whether or not required by the City, and listing all carriers issuing said policies; or (2) a certified copy of each policy, including all endorsements. The following insurance requirements shall remain in effect throughout the term of this Agreement. (1) Full and complete Workers' Compensation coverage as required by state law (Florida) shall be provided. (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 Contract, with limits of liability for personal injury and/or bodily injury, including death, of not less than $500,000.00 each occurrence; and property damage of not less than $500,000.00 each occurrence. (Combined Single Limits of not less than $1,000,000.00 each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an "occurrence" basis, and the policy shall include Broad Form _,, Property Damage coverage, and Fire Legal Liability of not less than $50,000.00 per occurrence, unless otherwise stated by exception herein. (AgreemnAParks &Recreation - RecreationComplex) 14 (3) Automobile Liability Insurance coverage shall be the minimum amount or $500,000.00 combined single limits for Bodily Injury and Property Damage. *ow (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 certified mail to: Legal Department, P. O. Box 100, Edgewater, Florida 32132 -0100. Contractor shall also notify City, in a like manner, 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 of this requirement to provide notice. (2) The City of Edgewater shall be endorsed to the required policy or policies as an additional named insured. 18. REPRESENTATIVE OF CITY AND ENGINEER/ARCHITECT: (a) It is recognized that questions in the day -to -day conduct or performance pursuant to this Agreement will arise. The City hereby designates the representative identified under "NOTICES" as the employee to whom all communications pertaining to the day -to -day performance of the Agreement shall be addressed. The designated representative shall have the authority, as the City's coordinator for this Agreement, to transmit instructions, receive information and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. (b) Engineer /Architect shall, at all times during the normal work week, designate or appoint one or more representatives of the Engineer /Architect who are authorized to act on behalf of the Engineer /Architect regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the City continually advised of such designation in writing. (Agreemnt\Parks &Recreation - Recreation Complex) 15 (c) For the purpose of this Agreement only, the designated representative for itaw Engineer /Architect is: James Robert Sloane, P.E. Senior Project Manager McKIM & CREED 483 South Nova Road Ormond Beach, Florida 32174 (904)672 -5660 19. ALL PRIOR AGREEMENTS SUPERSEDED: (a) The Agreement between the parties consist of this document and the written proposal submitted to the City dated January 20, 1998, by Engineer /Architect which is by this reference incorporated herein. (b) This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document and proposal of the Engineer /Architect. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. (c) It is further agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. r 20. NOTICES: All notices or other communications required or permitted hereunder shall be in writing and (AgreemnAParks &Recreation-RecreationComplex) 16 shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: %"y If to City: City's Representative: Nikki Clayton Jack Corder City Attorney Director of Parks & Recreation City of Edgewater City of Edgewater P. O. Box 100 P. O. Box 100 104 North Riverside Drive 104 North Riverside Drive Edgewater, Florida 32132 -0100 Edgewater, Florida 32132 -0100 (904)424 -2403 (904)424 -2485 With Copy to: J. Kevin Grace City Manager City of Edgewater P. O. Box 100 104 North Riverside Drive loaly Edgewater, Florida 32132 -0100 (904)424 -2404 If to Contractor: James Robert Sloane, P.E. Senior Project Manager McKIM & CREED 483 South Nova Road Ormond Beach, Florida 32174 (904)672 -5660 21. INDULGENCE NOT WAIVER: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the terms of this Agreement. (Agreemnt\Parks &Recreation - RecreationComplex) 17 22. GOVERNING LAW: loirr This Agreement shall be governed by the laws of the State of Florida. 23. INTERPRETATION; VENUE: In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA NOM" By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney ATTEST: McKIM & CREED By: %s Name: Name: Secretary President Dated: (AgreemnAPParks &Recreation - Recreation Complex) 18 EXHIBIT "A" vow SCOPE OF WORK Section 1. GENERAL: The Engineer /Architect shall perform professional services upon authorization and as hereinafter stated for the following proposed projects: (1) Design Recreation Complex Master Plan and Limited Environmental Assessment -- Approximately 26 acres. (2) Design approximately 21,000 square foot (not -to- exceed 30,000 square feet) Gymnasium Building Complex and provide related professional engineering services. Section 2. BASIC SERVICES: The Engineer /Architect's Basic Service for each project shall consist of any or all of the phases described below, as determined by the City, and shall include all required structural, 44010,,, mechanical, and electrical engineering services necessary to achieve a complete project. 2.1 Phases: Recreation Complex Master Plan and Limited Environmental Assessment (a) Initial Site Evaluation The Engineer /Architect shall prepare for and conduct a Project Initiation Meeting and shall collect and review existing data relative to the project. An environmental assessment for the proposed site as necessary to allow construction of the Gymnasium facility will be conducted to assure that the project proceeds within state guidelines. A preliminary evaluation will be undertaken to establish permitted needs for the project. Each regulatory agency likely to require a permit will be contacted for a pre - application meeting to be held with each agreeing agency. Work on permit application preparation will be initiated. A site plan of the property will be developed. 'tow (b) Prepare Preliminary Recreation Complex Master Plan Design The Engineer /Architect will develop several conceptual recreational facility design layouts incorporating a gymnasium building complex, ball fields, an (Parks&Recreation-RecreationComplex- Exhibit-A-ScopeOfWork) 1 amphitheater, tennis/racquetball courts, lighting, parking and roadway /pedestrian pathways. Conceptual stormwater facilities will be located, and a preliminary Engineer's Opinion of Cost will be prepared. Preliminary Master Plan documents will be prepared and submitted to the City staff for review and comments. A meeting will be held with the City staff to review the preliminary plan, and modifications to that plan resulting from staff comments shall be incorporated into the Preliminary Master Plan. (c) Prepare Final Recreation Complex Master Plan Once the preliminary design has been finalized and accepted, the Engineer /Architect shall prepare the final site Master Plan including landscape design sufficient for long -range site development, permitting associated with construction of the Gymnasium complex, and sequential design and development of individual components including the gymnasium complex, ball fields, an amphitheater, tennis/racquetball courts, lighting, parking, and roadway /pedestrian pathways. Field surveys necessary for the City's Tree Protection permitting requirements and stormwater permits for the Gymnasium complex be prepared. Upon approval from City staff, the traffic analysis will be conducted to meet conformance requirements. The study will include analysis at three intersections with projections developed for vi.r, three intervals. At the completion of the site Master Plan development task, an Engineer's opinion of Probable Construction Cost will be prepared. The following disciplines will have input to the Master Plan Development process: 1. Civil Design 2. Electrical Lighting Design 3. Environmental Assessment 4. Traffic Analysis 5. Stormwater Design 6. Landscape Design The Engineer /Architect shall prepare and submit Final Draft Documents and will review the Documents with City staff. Issues raised during the final design review will be incorporated into the Final Documents. The Final Documents will be prepared and submitted to the City. *tow (d) Review Meetings Informal review meetings will be held with City staff when needed throughout the project. (Parks &Recreation- RecreationComplex - Exhibit- A- ScopeOfWork) 2 (e) Permitting Applications for permits necessary to develop the Gymnasium Complex site shall be prepared and submitted to the appropriate reviewing agencies. Additional permit applications for development of the total Recreation Complex will be prepared and submitted when information necessary for their submittal becomes available. Permits anticipated for the eventual Recreation Complex development include the following: St. Johns River Water Management District; United States Army Corps of Engineers; City of Edgewater Tree Protection; Volusia County Environmental Department; and Florida Game and Freshwater Protected Species. Responses to regulatory agency Requests for Additional Information (R.A.I.'s) will be promptly provided. Survey services included in this authorization provide for topographic and tree survey information encompassing only the Gymnasium Complex site. Development of the Recreation Complex site stormwater master plan will rely upon Federal Emergency Management Agency (FEMA) maps, Quad Maps, and County Aerial Maps. Additional topographic and tree survey efforts will be required to meet the City's Tree Protection requirements and for development of the site beyond the Gymnasium Complex. Gymnasium Building Complex Design and Construction Services (a) Confirm Gymnasium Design Parameters The Engineer /Architect shall prepare for and conduct a Project Initiation Meeting with the City staff. At that meeting the schedule and budget limitations will be reviewed and the basic and alternate facilities needs will be discussed. (b) Prepare Conceptual Gymnasium Design The Engineer /Architect shall develop a gymnasium conceptual design with alternative layouts. The following disciplines will have input to the conceptual design process: 1. Architectural Design 2. Civil Design Including Parking Lot 3. Structural Design 4. Mechanical Design 5. Stormwater Design 6. Electrical Design (Parks &Recreation- RecreationComplex - Exhibit- A- ScopeOfWork) 3 • The Engineer /Architect shall prepare a conceptual opinion of probable construction cost, and will prepare and submit to the City a set of draft conceptual documents. The conceptual documents will be reviewed with the City staff and modified as determined during that review process. rrr (c) Prepare Preliminary Gymnasium Design The Engineer /Architect shall develop the gymnasium preliminary design based upon the alternate selected during the conceptual design. The following disciplines will have input to the conceptual design process: 1. Architectural Design 2. Civil Design Including Parking Facilities 3. Structural Design 4. Mechanical Design 5. Stormwater Design 6. Electrical Design The Engineer /Architect shall upgrade to a preliminary design level the conceptual opinion of cost, and will prepare and submit to the City a set of draft preliminary design documents. Preliminary meetings will regulatory agencies will be held, and permit applications will be prepared and submitted. Responses to Request for Additional Information will be promptly processed. The preliminary documents will be reviewed with the City staff. Appropriate suggestions generated at that meeting will be incorporated into the final design effort. The following disciplines will be included in the preliminary design effort: 1. Architectural Design 2. Civil Design 3. Structural Design 4. Mechanical Design 5. Stormwater Design 6. Electrical Design (d) Prepare Final Gymnasium Design The Engineer /Architect shall upgrade to a 60 percent design level the preliminary opinion of cost, and will prepare and submit to the City a set of draft 60 percent level final design documents. During the development of the 60 percent design, geotechnical investigations for the site will be completed. Survey information needed for the final design will be obtained. Field survey time is based upon 16 hours of a three -man field crew. The 60 percent final documents will be (Parks&Recreation-RecreationComplex- Exhibit-A-ScopeOfWork) 4 • reviewed with the City staff. Appropriate suggestions generated at that meeting will be incorporated into the final draft design effort. The following disciplines will be included in the 60 percent design effort: — 1. Architectural Design 2. Civil Design 3. Structural Design 4. Mechanical Design 5. Stormwater Design 6. Electrical Design 7. Geotechnical Investigation 8. Survey The Engineer /Architect shall upgrade to a draft final design level the 60 percent opinion of cost, and will prepare and submit to the City a set of draft final design documents. The final draft documents will be reviewed with the City staff. Appropriate suggestions generated at that meeting will be incorporated into the final design effort. Ten (10) copies of the Final Design Documents shall be prepared and delivered to the City. (e) Review Meetings 'okay Informal review meetings will be held with City staff when needed throughout the project. (f) Permitting Supplementary permitting information required for the construction of the Gymnasium Complex shall be prepared and submitted to requesting permitting agencies. Responses to Requests for Additional Information shall be promptly prepared. All required permits shall be finalized before completion of the 60 percent plan. (g) Bidding Services The Engineer /Architect shall provide professional engineering services during the project bidding process. This will include assistance in the preparation of the advertisement, contract documents distribution and collection, conduct the pre - -bid meeting, respond to contractors questions, evaluate the bid and bidders and make a recommendation of contract award. (Parks&Recreation-RecreationComplex- Exhibit-A-ScopeOfWork) 5 • (h) Construction Administration The construction phase will commence with the award of the contract and will terminate when the certificate of occupancy is awarded. The Engineer /Architect shall advise and consult with the City, throughout the construction period and will process all shop drawings. Periodic visits to the construction site will be provided on a twice per month basis. The Engineer /Architect will promptly advise the City when the Work is not being performed in accordance with the Contract Documents. The Engineer /Architect shall determine the amount owing to the Contractor and shall certify the Contractor's monthly and fmal project draw request. The Engineer /Architect shall also prepare sketches or other documentation required for all construction clarifications in accordance with the construction standards. Change Orders shall be prepared by the Engineer /Architect. The Engineer /Architect shall conduct a preliminary fmal construction walk - through. A list of discrepancies will be provided to the City staff. The Engineer /Architect shall also conduct the fmal project inspection and shall make a final award of payment recommendation. Please note that the man- hour /fee matrix is based upon a total construction time of nine consecutive months from notice to proceed to final project ,,. closeout. (i) If subsequently authorized the Engineer /Architect will provide full -time construction observation. Section 3. Additional Services The Engineer /Architect shall provide other Additional Services as may be subsequently authorized. Section 4. Compensation Gymnasium Complex Design Compensation for providing the professional services relative to the development of the Gymnasium Complex design shall be in an amount not -to- exceed $98,400.00. Recreation Complex Master Plan Nusw Compensation for providing the professional services relative to the development of the Recreation Complex Master Plan shall not exceed $19,800.00 unless the following services are required; environmental analysis, traffic analysis and survey services. Each service (Parks &Recreation - RecreationComplex- Exhibit- A- ScopeOfW ork) 6 required will include an additional fee not -to- exceed any of the following allowances: Environmental Consultant $8,000.00 Traffic Analysis Consultant $6,000.00 ''o' Survey Services $3,600.00 These services shall be paid for on an actual cost basis and invoiced in the same manner as other fees provided the total for each additional service required shall not exceed amounts stipulated above. Norr `err (Parks&Recreation-RecreationComplex- Exhibit-A-ScopeOfWork) 7 7. B, AGENDA REQUEST C.A. NO.: 98 -058 Date: April 14, 1998 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT BUSINESS 0 5/ 0 4/ 9 8 CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: .•I Infrastructure Reimbursement Agreement for the FIND Project l VU BACKGROUND: In accordance with the joint venture with FIND this mechanism (Reimbursement Agreement) allows the City to direct and oversee the design fees, construction costs and direct same to FIND for payment. RECOMMENDATION /CONCLUSION: Staff recommends that the City Council approve the Infrastructure Reimbursement Agreement and 'hr authorize the Mayor to execute the attached Agreement. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respect 's ilysubmitted, Concurrence: � ( �. L = C; at.? e Feg1e ;�� i Clayton Ci y Engineer City Attorney J 'Kevin Grace ity Manager NC /rmw THIS INFRASTRUCTURE REIMBURSEMENT AGREEMENT ( "Agreement ") is made this day of , 1998, by and between: I. FLORIDA INLAND NAVIGATION DISTRICT, an independent special district created under the laws of the State of Florida ( "FIND "); and II. THE CITY OF EDGEWATER, a municipal corporation organized and existing under the laws of the State of Florida ( "The City "). WITNESSETH WHEREAS, FIND is authorized and empowered to purchase, operate and maintain a navigable waterway between Nassau County and Dade County, Florida, and to purchase and /or acquire suitable or necessary areas for the deposit of dredged material in connection with such waterway, and do all things necessary or proper in connection therewith; and WHEREAS, the Board of Commissioners of FIND have adopted and approved a Long -Range Dredged Material Management Plan for the Intracoastal Waterway in Volusia County, Florida, dated September 1993 ( "Volusia Management Plan "); and WHEREAS, the Volusia Management Plan identifies a dredged material management site, designated as V -26, to be located within the area of The City, commonly referred to as the Edgewater Industrial Park; and WHEREAS, FIND has acquired approximately 230 acres of property as described in Exhibit "A" attached hereto (the "FIND Property ") within the area of the Edgewater Industrial Park; and `%r.• WHEREAS, FIND intends to use approximately 106 acres of the FIND Property for the construction and operation of the V -26 Dredged Material Management Site; and find \V -26 \infragr.doc. V -26 WHEREAS, FIND and The City desire that the remainder of the FIND Property not used for the V -26 Dredged Material Management Site be improved with roadways and developed into parcels for industrial, research and educational purposes to be offered for sale by FIND to partially recoup the funds expended in acquiring the FIND Property and the cost of the Infrastructure; and WHEREAS, FIND and The City have made a joint pre - application proposal to the Economic Development Administration for federal funding assistance pursuant to a Public Works and Development Facilities Program Grant ( "Grant Application ") which provides up to 50/50 matching funds to pay for proposed roadways and water and sewer lines to service the FIND Property and adjacent parcels within the Edgewater Industrial Park; and WHEREAS, the Grant Application proposes that the roadways, water and sewer lines ( "Infrastructure ") be constructed in two (2) phases: Phase I providing the Infrastructure from Park Avenue to the V -26 Dredged Material Management Site and providing access and utility service to properties to the east thereof; and Phase II providing the Infrastructure to the westerly side of the FIND Property and properties adjacent thereto; all as generally depicted in the conceptual layout attached hereto as Exhibit "B "; and WHEREAS, FIND and The City have determined that it is in their mutual best interests and the best interests of the citizens of the City of Edgewater, the County of Volusia and the State of Florida that the design and construction of the Infrastructure be undertaken by The City and that the cost for the design and construction thereof be reimbursed by FIND, pursuant to the terms of this Agreement. NOW, THEREFORE, the parties, in consideration of the covenants and agreements contained herein, mutually covenant and agree as follows: ., 1. Conditions Precedent to FIND's Obligation. A. Design. FIND's obligations to reimburse or pay any monies under this Agreement related to the design of the Infrastructure are expressly conditioned 2 find \V -26 \infragr.doc. V -26 on the occurrence of the following conditions satisfactory to FIND: (i) All proposed contracts to be entered into by the City for which the City will seek reimbursement be approved in writing by FIND; and (ii) That the City not be in unremedied default of any provision of this Agreement or any agreements authorized or required herein. B. Phase I. FIND's obligations to reimburse or pay any monies under this Agreement relative to the construction of the Infrastructure proposed for Phase I are expressly conditioned on the occurrence of the following conditions satisfactory to FIND: (i) If required by the land development regulations of The City, a development agreement be entered into between the City and FIND, regulating the development of the FIND Property; (ii) The zoning for the FIND Property, which is currently being reviewed by wr.. The City, will have been modified during the design phase to provide greater flexibility in the development of the property to be competitive with other industrial properties within Volusia County; (iii) All proposed contracts to be entered into by the City, for which the City will seek reimbursement from FIND, shall be approved in writing by FIND; and (iv) That the City not be in unremedied default of any provision of this Agreement or any agreements authorized or required herein. C. Phase II. FIND's obligation to reimburse or pay any monies under this Agreement relative to the Infrastructure proposed for Phase II shall be Now conditioned on the occurrence of the following conditions satisfactory to FIND; (i) Receipt of a grant pursuant to the Grant Application (or alternative funding) that is satisfactory to FIND; and 3 find \V -26 \infragr.doc. V -26 (ii) Satisfaction or occurrence of conditions outlined in subparagraphs A and B above. "' 2. Reimbursement. The City shall enter into contracts for the design and construction of the Infrastructure which are satisfactory to FIND. As payments become due and owing under the contracts, The City shall certify to FIND the amounts due in a form satisfactory to FIND. FIND shall then reimburse or pay to The City the amount due within fifteen (15) calendar days. 3. Compliance with Laws. The parties shall, throughout the duration of this Agreement, promptly comply or cause compliance with all valid laws, ordinances, orders, rules, regulations and requirements of duly constituted public authorities, which may be applicable to the FIND Property, or to the construction, repair or alteration thereof. Notwithstanding the foregoing, the parties shall not be deprived of their right to contest the validity or application of any such law, ordinance, order, rule, regulation `'fire or requirement, provided that such contest does not materially impair the obligations of the parties to perform under this Agreement. The City shall not, however, adopt any ordinance, rule or regulation, which would impose any greater burden on FIND and its construction, operation and maintenance of the V -26 Dredged Material Management Site and the FIND Property than those ordinances, rules or regulations which presently exist, without the prior written consent of FIND. 4. Use of Utilities. Except for FIND, no person, corporation or entity (including The City) shall have any right to connect, tie in to or use any of the utilities designed or constructed in furtherance of this Agreement until such time as FIND is either reimbursed for its costs related to such utilities or a satisfactory method or mechanism Now for reimbursement for its costs is agreed upon by FIND. 5. Dedication of Infrastructure. At some point, either during the design, construction or after completion thereof of the Infrastructure, FIND intends to dedicate 4 find \V -26 \infragr.doc. V -26 the Infrastructure (with the exception of any Infrastructure located within the V -26 Dredged Material Management Site) to The City. The City agrees it will accept the Nrrr dedication thereof and be responsible for the maintenance thereafter. Any such dedication, however, shall not affect FIND's rights to restrict use of utilities as provided in paragraph 4 above. 6. Effective Date. The Effective Date of this Agreement shall be the date on which the last party to this Agreement executes this Agreement. 7. Further Assurances. The parties agree to execute such further documents and instruments and to take such further action as may be reasonably necessary to carry out the intent of this Agreement and to effect or perfect the rights of the parties. 8. Notices. All notices or other communications shall be sufficient and shall be deemed given if in writing and delivered by United States certified or registered mail, personal delivery or courier service, such as Federal Express, as follows: *tor FIrTD: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 Attn: Executive Director THE CITY: The City of Edgewater 104 N. Riverside Drive Edgewater, Florida 32132 Attn: City Manager Either party may from time to time change their respective above address by written notice to the other party. 9. No Third -Party Beneficiaries. The agreements contained herein are for the sole Stow benefit of the parties hereto and their successors and permitted assigns. No other party shall have the right to enforce any provision of this Agreement or to rely upon the provisions of this Agreement. 5 find \V -26 \infragr.doc. V -26 10. Amendment. This Agreement may be amended or voluntarily terminated and canceled only by a writing signed by all the parties. Now 11. Benefit and Binding Effect. This Agreement shall be binding upon the parties and their respective successors. 12. Assignment /Sublease. Except as otherwise provided in this Agreement, no party may assign its respective rights under this Agreement without the prior written consent of the other party. FIND shall have the right to sublet, in whole or in part, its rights under this Agreement and the Easements to the United States Army Corp of Engineers, for the purpose of dredging the Intracoastal Waterway; such subletting shall not release FIND of its obligations under this Agreement. 13. Waiver of Breach or Violation Not Deemed Continuing. The waiver, expressed or implied, by either party of any breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach. 14. Time of Essence. Time is of the essence of this Agreement. 15. Governing Law, Waiver of Federal Jurisdiction. The Agreement shall be interpreted, construed, and governed in accordance with the laws of the State of Florida. The parties expressly waive any entitlement to federal jurisdiction in the courts of the United States of America, based on diversity of citizenship, and they agree that the venue of any civil action related to this Agreement shall be properly laid solely in Volusia County, Florida. 16. Entire Agreement. The Agreement constitutes the entire agreement between the parties hereto and except as provided herein no modification hereof shall be effective unless made by supplemental agreement in writing executed by both of the parties 'tow hereto. 17. Severability. If any provision of this Agreement shall be held by any court of competent jurisdiction to be void, invalid, or unenforceable, the holding shall not have 6 find \V -26 \infragr.doc. V -26 the effect of rendering any other provision or provisions of this Agreement void, invalid, or unenforceable, and the remaining provisions shall continue in effect. ``'' IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, by and through their duly authorized officers, as of the day and year stated above. EXECUTED this day of , 1998. FLORIDA INLAND NAVIGATION DISTRICT Board of Commissioners of Witnessed and Attested to by: Florida Inland Navigation District By: Ann Shorstein, as Chairman ( "FIND ") rr.. as to FIND CITY COUNCIL OF THE ATTEST: CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor (City Seal) APPROVED FOR FORM AND CORRECTNESS: Now Nikki Clayton City Attorney Exhibit "A": FIND Property Legal Description Exhibit "B": Concept Plan 7 find \V -26 \infragr.doc. V -26 EXHIBIT "A" LEGAL DESCRIPTIONS V -26 PARCEL I [EXPANDED] ACQUISITION PARCEL I LEGAL DESCRIPTION: BY SURVEYOR A PORTION OF LOT 14, ASSESSOR'S PLAT OF THE SANCHEZ AND SHEPHERD GRANT, (SECTION 50), TOWNSHIP 17 SOUTH, RANGE 34 EAST, AS RECORDED IN PLAT BOOK 14, PAGE 99, VOLUSIA COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED 1 "PLS 2027" BEING THE SOUTHWEST CORNER OF THE SEYMOUR PICKETT GRANT (SECTION 49), TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 71 °36'38" EAST, ALONG THE SOUTHERLY LINE OF SAID GRANT, A DISTANCE OF 3,385.22 FEET TO THE INTERSECTION OF SAID GRANT LINE AND THE WESTERLY RIGHT -OF -WAY OF FLORIDA EAST COAST RAILWAY (RIGHT -OF -WAY WIDTH VARIES); THENCE SOUTH 22 °06'29" EAST ALONG SAID WESTERLY RIGHT - OF -WAY, A DISTANCE OF 554.21 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 22 °06'29" EAST, Now ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 166.96 FEET; THENCE DEPARTING SAID RIGHT -OF -WAY SOUTH 71 °04'26" WEST, ALONG THE SOUTH LINE OF LOT 14, A DISTANCE OF 569.59 FEET TO THE SOUTHWEST CORNER OF LOT 14; THENCE NORTH 23 °19'31" WEST, ALONG THE WEST LINE OF LOT 14, A DISTANCE OF 167.25 FEET; THENCE NORTH 71'04'41" EAST, ALONG THE NORTH LINE OF LOT 14, A DISTANCE OF 573.15 FEET TO THE POINT OF BEGINNING. CONTAINING 2.19 ACRES, MORE OR LESS. ACQUISITION PARCEL II LEGAL DESCRIPTION: BY SURVEYOR A PORTION OF LOT 13 LYING IN, ASSESSOR'S PLAT OF THE SANCHEZ AND SHEPHERD GRANT, (SECTION 50), TOWNSHIP 17 SOUTH, RANGE 34 EAST AS RECORDED IN PLAT BOOK 14, PAGE 99, VOLUSIA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: l or"' FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED "PLS 2027" BEING THE SOUTHWEST CORNER OF THE SEYMOUR PICKETT GRANT (SECTION 49), TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, THENCE NORTH 71 °36'38" EAST, ALONG THE SOUTHERLY LINE OF SAID GRANT, A DISTANCE OF 3,274.99 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 71 °36'38" EAST, ALONG 1 find \v- 26 \INFLEG..doc EXHIBIT "A" SAID GRANT LINE A DISTANCE OF 110.23 FEET TO THE INTERSECTION OF SAID GRANT LINE AND THE WESTERLY RIGHT -OF -WAY OF FLORIDA EAST COAST RAILWAY (RIGHT -OF -WAY WIDTH VARIES); THENCE SOUTH 22 °06'29" EAST ALONG SAID WESTERLY RIGHT -OF -WAY, A DISTANCE OF 554.21 FEET; THENCE DEPARTING SAID RIGHT -OF -WAY SOUTH 71 °04'41" WEST, ALONG THE SOUTH LINE .•, OF LOT 13, A DISTANCE OF 110.17; FEET; THENCE NORTH 22 °06'29" WEST, A DISTANCE OF 555.24 FEET TO THE POINT OF BEGINNING. CONTAINING 1.40 ACRES, MORE OR LESS. ACQUISITION PARCEL III LEGAL DESCRIPTION: BY SURVEYOR A PORTION OF LOT 17, ASSESSOR'S PLAT OF THE SANCHEZ AND SHEPHERD GRANT, (SECTION 50), TOWNSHIP 17 SOUTH, RANGE 34 EAST AS RECORDED IN PLAT BOOK 14, PAGE 99, VOLUSIA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED "PLS 2027" BEING THE SOUTHWEST CORNER OF THE SEYMOUR PICKETT GRANT (SECTION 49), TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 71 °36'38" EAST, ALONG THE SOUTHERLY LINE OF SAID GRANT, A *law DISTANCE OF 3,385.22 FEET TO THE INTERSECTION OF SAID GRANT LINE AND THE WESTERLY RIGHT -OF -WAY OF FLORIDA EAST COAST RAILWAY (RIGHT -OF -WAY WIDTH VARIES); THENCE SOUTH 22 °06'29" EAST ALONG SAID WESTERLY RIGHT - OF -WAY, A DISTANCE OF 721.17 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 22 °06'29" EAST, ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 150.00 FEET; THENCE DEPARTING SAID RIGHT -OF -WAY SOUTH 67 °53'31" WEST, ALONG A LINE PERPENDICULAR TO SAID RIGHT -OF -WAY, A DISTANCE OF 30.00 FEET; THENCE NORTH 22 °06'29" WEST, ALONG A LINE PARALLEL WITH SAID RIGHT -OF -WAY, A DISTANCE OF 151.67 FEET TO A POINT ON THE NORTH LINE OF LOT 17, THENCE NORTH 71 °04'26" EAST, ALONG SAID NORTH LINE OF LOT 17, A DISTANCE OF 30.05 FEET TO THE POINT OF BEGINNING. CONTAINING 0.10 ACRES, MORE OR LESS. ACQUISITION PARCEL IV LEGAL DESCRIPTION; BY SURVEYOR A PARCEL OF LAND LYING IN GOVERNMENT LOTS 1, 2, AND 3, SECTION 29, TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2 find \v -26 \INFLEG..doc EXHIBIT "A" FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED "PLS 2027 ", BEING THE SOUTHWEST CORNER OF THE SEYMOUR PICKETT GRANT (SECTION 49), TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 71 °36'38" EAST, ALONG THE SOUTHERLY LINE OF SAID GRANT, A DISTANCE OF 955.05 FEET TO THE INTERSECTION OF SAID GRANT LINE AND 'tore WEST LINE OF SECTION 29, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 71 °36'38" EAST, ALONG THE SOUTHERLY LINE OF SAID GRANT, 1844.77 FEET TO THE NORTHEAST CORNER OF SECTION 29; THENCE SOUTH 23 °19'31" EAST, ALONG THE EAST LINE OF SECTION 29, A DISTANCE OF 2895.80 FEET TO THE SOUTHEAST CORNER OF section 29; THENCE SOUTH 74 °19'49" WEST, ALONG THE SOUTH LINE OF SECTION 29, A DISTANCE OF 2942.09 FEET TO THE SOUTHWEST CORNER OF SECTION 29; THENCE NORTH 01°17'06" WEST, ALONG THE WEST LINE OF SECTION 29, A DISTANCE OF 2872.50 FEET TO THE POINT OF BEGINNING. CONTAINING 155.06 ACRES, MORE OR LESS. ACQUISITION PARCEL V LEGAL DESCRIPTION: BY SURVEYOR A PORTION OF LOT 35 -AA, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT (SECTION 52) TOWNSHIP 17 SOUTH, RANGE 34 EAST, AS RECORDED IN PLAT BOOK "%or 22, PAGE 24, VOLUSIA COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED "PLS 2027 ", BEING THE SOUTHWEST CORNER OF THE SEYMOUR PICKETT GRANT (SECTION 49), TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 71 °36'38" EAST, ALONG THE SOUTHERLY LINE OF SAID GRANT, A DISTANCE OF 2799.82 FEET TO THE INTERSECTION OF SAID GRANT LINE AND THE EAST LINE OF SECTION 29; THENCE SOUTH 23 °19'31" EAST, ALONG SAID EAST LINE OF SECTION 29, A DISTANCE OF 2895.80 FEET TO THE SOUTHEAST CORNER OF SECTION 29, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE DEPARTING SAID SECTION LINE, NORTH 75 °37'53" EAST, ALONG THE SOUTH LINE OF LOT 26, A DISTANCE OF 179.39 FEET TO THE CENTERLINE OF FLAGLER AVENUE (A 50' RIGHT -OF -WAY, NOW VACATED); THENCE SOUTH 22 °07'39" ALONG SAID CENTERLINE, A DISTANCE OF 484.75 FEET; THENCE SOUTH 67 °17'32" WEST, ALONG THE PROJECTION OF, AND THE NORTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2562, PAGES 1382 THROUGH 1384, A DISTANCE OF 949.19 FEET TO THE NORTHWEST CORNER OF *low SAID LANDS; THENCE SOUTH 22 °06'38" EAST, ALONG THE WEST LINE OF SAID LANDS, A DISTANCE OF 1349.98 FEET TO THE SOUTHERLY LINE OF AFORESAID LOT 35 AA; THENCE SOUTH 67 °25'54" WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 382.45 FEET TO THE EASTERLY LINE OF LOT 42; THENCE NORTH 22° 44'35" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 345.09 FEET TO THE NORTHEAST CORNER OF LOT 42; THENCE SOUTH 74°18'04" WEST, ALONG THE 3 find \v -26 \INFLEG..doc EXHIBIT "A" NORTH LINE OF LOT 42, A DISTANCE OF 809.29 FEET; THENCE NORTH 13 °4119" WEST, A DISTANCE OF 1648.38 FEET TO THE NORTH LINE OF THE GERONIMO ALVAREZ GRANT; THENCE NORTH 74 °19'49" EAST, ALONG SAID GRANT LINE, A DISTANCE OF 1731.21 FEET TO THE POINT OF BEGINNING. CONTAINING 55.46 ACRES, MORE OR LESS. ACQUISITION PARCEL VI LEGAL DESCRIPTION: BY SURVEYOR A PORTION OF LOT 17, ASSESSOR'S PLAT OF THE SANCHEZ AND SHEPHERD GRANT, (SECTION 50), TOWNSHIP 17 SOUTH RANGE 34 EAST AS RECORDED IN PLAT BOOK 14, PAGE 99, VOLUSIA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED "PLS 2027 ", BEING THE SOUTHWEST CORNER OF THE SEYMOUR PICKETT GRANT (SECTION 49), TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE NORTH 71 °36'38" EAST, ALONG THE SOUTHERLY LINE OF SAID GRANT, A DISTANCE OF 3,385.22 FEET TO THE INTERSECTION OF SAID GRANT LINE AND THE WESTERLY RIGHT -OF -WAY OF FLORIDA EAST COAST RAILWAY (RIGHT -OF -WAY WIDTH VARIES); THENCE SOUTH 22 °06'29" EAST ALONG SAID WESTERLY RIGHT- `"'""'" OF -WAY, A DISTANCE OF 871.17 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 22 °06'29" EAST, ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 619.73 FEET; THENCE DEPARTING SAID RIGHT -OF -WAY SOUTH 74 °02'22" WEST, ALONG THE SOUTHERLY LINE OF LOT 17, A DISTANCE OF 556.14 FEET TO THE SOUTHWEST CORNER OF LOT 17; THENCE NORTH 23 °19'31" WEST, ALONG THE WEST LINE OF LOT 17, THE WEST LINE OF THE SHEPHERD GRANT, AND THE EAST LINE OF SECTION 29, A DISTANCE OF 741.96 FEET TO THE NORTHWEST CORNER OF LOT 17; THENCE NORTH 71 °04'26" EAST, ALONG THE NORTH LINE OF LOT 17, A DISTANCE OF 539.54 FEET; THENCE SOUTH 22 °06'29" EAST, A DISTANCE OF 151.67 FEET; THENCE NORTH 67 °53'31" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 9.62 ACRES, MORE OR LESS. ACQUISITION PARCEL VII LEGAL DESCRIPTION: BY SURVEYOR ALL OF LOT 35 -B AND A PORTION OF LOT 36, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, (SECTION 52), TOWNSHIP 17 SOUTH, RANGE 34 EAST AS RECORDED IN PLAT BOOK 22, PAGE 24, VOLUSIA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 4 find \v -26 \INFLEG..doc EXHIBIT "A" FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED "PLS 2546 ", BEING THE NORTHEAST CORNER OF LOT 42, TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE SOUTH 22 °44'35" EAST, ALONG THE EASTERLY LINE OF LOT 42, A DISTANCE OF 345.09 FEET TO THE NORTHWEST CORNER OF LOT 35 —B, SAID POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 67 °25'54" EAST, ALONG THE NORTHERLY LINE OF LOT 35 —B, A DISTANCE OF 455.71 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2071, PAGE 1885; THENCE SOUTH 44 °17'38" EAST, ALONG THE WEST LINE OF SAID LANDS, A DISTANCE OF 147.76 FEET TO THE SOUTHERLY CORNER OF SAID LANDS; THENCE CONTINUE SOUTH 44 °17'38" EAST, ALONG THE EASTERLY LINE OF LOT 36, A DISTANCE OF 79.10 FEET; THENCE SOUTH 22°44'12", EAST, ALONG THE EASTERLY LINE OF LOT 36, A DISTANCE OF 328.99 FEET; THENCE SOUTH 67 °00'46" WEST, ALONG THE NORTHERLY RIGHT —OF —WAY OF PARK AVENUE (A 80 FOOT RIGHT — OF —WAY), A DISTANCE OF 539.00 FEET; THENCE NORTH 22 °44'35" WEST, ALONG THE WESTERLY LINE OF LOT 36 AND THE WESTERLY LINE OF OF 35 —B, A DISTANCE OF 543.68 FEET TO THE POINT OF BEGINNING; LESS ANY PORTION IN THE FLORIDA EAST COAST RAILWAY COMPANY'S RIGHT —OF —WAY, A 150' RIGHT — OF —WAY AS NOW LAID OUT AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 150 FEET WIDE LYING IN THE GERONIMO ALVAREZ GRANT (SECTION 52), TOWNSHIP 17 SOUTH, RANGE 34 EAST, lofty VOLUSIA COUNTY, FLORIDA, SAID PARCEL BEING A PORTION OF LOT 36, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, PLAT BOOK 22 PAGE 24 (A.K.A. MAP BOOK 3, PAGE 137), PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED "PLS 2027 ", BEING BY COMMON REPORT THE SOUTHWEST CORNER OF THE SEYMOUR PICKETT GRANT (SECTION 49), TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE, NORTH 71 °36'38" EAST ALONG A LINE BEING BY COMMON REPORT THE SOUTHERLY LINE OF SAID GRANT, 1695.73 FEET; THENCE SOUTH 23 °19'31" EAST, DEPARTING SAID GRANT LINE, 3489.70 FEET; THENCE SOUTH 18°13'15" EAST, 1006.97 TO THE NORTHEAST CORNER OF LOT 42, OF THE AFOREMENTIONED ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT; THENCE SOUTH 22 °44'35" EAST, ALONG THE EASTERLY LINE OF SAID LOT 42, 632.09 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: THENCE NORTH 67 °50'38" EAST, 251.79 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE CONCAVE NORTHERLY (RADIUS POINT NORTHERLY), AND ARC DISTANCE OF 288.82, SAID CURVE HAVING AS ITS ELEMENTS A CENTRAL ANGLE OF 11°13'09", A RADIUS OF 1475.00 FEET, A CHORD BEARING OF NORTH 62 °14'04" EAST, AND CHORD DISTANCE OF 288.36 5 find \v -26 \INFLEG..doc EXHIBIT "A" FEET; THENCE SOUTH 22°44'12" EAST, ALONG THE EASTERLY LINE OF THE AFOREMENTIONED LOT 36, 152.38 FEET TO A POINT ON A NON - TANGENT CURVE; THENCE ALONG SAID CURVE CONCAVE NORTHERLY (RADIUS POINT NORTHERLY), AN ARC DISTANCE OF 290.06 FEET TO A POINT OF TANGENCY, SAID CURVE HAVING AS ITS ELEMENTS A CENTRAL ANGLE OF 10°13'38", A RADIUS OF 1625.00 FEET, A CHORD BEARING OF SOUTH 62 °43'49" WEST, AND CHORD DISTANCE OF 289.68 FEET; THENCE SOUTH 67 °50'38" WEST, 250.26 FEET; THENCE NORTH 22 °44'35" WEST, ALONG THE EASTERLY LINE OF SAID LOT 42, 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4.64 ACRES, MORE OR LESS ACQUISITION PARCEL VIII LEGAL DESCRIPTION: BY SURVEYOR A PORTION OF LOT 35 -C, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, (SECTION 52), TOWNSHIP 17 SOUTH, RANGE 34 EAST, AS RECORDED IN PLAT BOOK 22, PAGE 24, VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED slime "PLS 2546 ", BEING THE NORTHEAST CORNER OF LOT 42, TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE SOUTH 22 °44'35" EAST, ALONG THE EASTERLY LINE OF LOT 42, A DISTANCE OF 345.09 FEET TO THE NORTHWEST CORNER OF LOT 35 -B; THENCE NORTH 67 °2554" EAST, ALONG THE NORTHERLY LINE OF LOT 35 -B, A DISTANCE OF 455.71 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2071, PAGE 1885, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 67 °25'54" EAST, ALONG THE NORTH LINE OF SAID LANDS, A DISTANCE OF 57.82 FEET TO THE NORTHEAST CORNER OF SAID LANDS; THENCE SOUTH 21 °15'54" EAST, ALONG THE EAST LINE OF SAID LANDS, A DISTANCE OF 137.30 FEET TO THE SOUTHERLY CORNER OF SAID LANDS; THENCE NORTH 44 °17'38" WEST, ALONG THE WEST LINE OF SAID LANDS, A DISTANCE OF 147.76 FEET TO THE POINT OF BEGINNING. CONTAINING 0.09 ACRES, MORE OR LESS TOTAL ACREAGE: 228.56 ACRES, MORE OR LESS RAILROAD LEGAL A 60 FOOT STRIP OF LAND LYING IN A 150 FOOT WIDE RAIL ROAD RIGHT -OF -WAY (THE NEW SMYRNA EXTENSION SECTION 79) LYING IN THE GERONIMO ALVAREZ GRANT (SECTION 52), AND BEING A PORTION OF LOT 36, ASSESSOR'S SUBDIVISION OF THE GERONIMO ALVAREZ GRANT, PLAT BOOK 22 PAGE 24 (A.K.A. MAP BOOK 3, PAGES 137), 6 find \v -26 \INFLEG..doc EXHIBIT "A" TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT A CONCRETE MONUMENT STAMPED "PLS 2546 ", BEING THE NORTHEAST CORNER OF LOT 42, TOWNSHIP 17 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA; THENCE, SOUTH 22 °44'35" EAST, ALONG THE EASTERLY Now LINE OF LOT 42, A DISTANCE OF 632.09 FEET TO THE NORTHWEST CORNER OF SAID 150 WIDE RAIL ROAD RIGHT -OF -WAY; THENCE NORTH 67 °50'38" EAST, ALONG THE NORTH RIGHT -OF -WAY LINE OF SAID RAIL ROAD RIGHT -OF -WAY, A DISTANCE OF 189.62 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP OF LAND; THENCE CONTINUE NORTH 67 °50'38" EAST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 60.00 FEET TO A POINT LYING SOUTH 67 °50'38" WEST, A DISTANCE OF 2.17 FEET, OF THE POINT OF CURVATURE OF SAID RAIL ROAD RIGHT -OF -WAY THENCE SOUTH; 22°59'14" EAST, ALONG A LINE PERPENDICULAR TO THE NORTH RIGHT -OF -WAY OF PARK AVENUE (A 80 FOOT RIGHT -OF -WAY), A DISTANCE OF 150.02 FEET TO THE POINT OF CURVATURE OF THE SOUTH RIGHT -OF -WAY OF SAID RAIL ROAD; THENCE SOUTH 67 °50'38" WEST, ALONG SAID SOUTH RIGHT -OF -WAY, A DISTANCE OF 60.00 FEET; THENCE NORTH 22 °59'14" WEST, A DISTANCE OF 150.02 FEET TO THE POINT OF BEGINNING. CONTAINING 9,000 SQUARE FEET OR 0.21 ACRES, MORE OR LESS. 'fir 7 find \v -26 \INFLEG..doc EXHIBIT "A" . t E v - f / � ' ( it.... . «. M. 111 - - i / / t -------:\ 'T I jJ�l, ..I ,1 i \ ) 1 , il 4., 7 . ,_,,_ ,, _ . it, _. ,,,, \,..., ..,,, / ,, „. , f ,;, i J I2, R A, _ g ] 0r_ I ; T\ ) ,-. i . 5,, n I j ` i Iii i : r.- i ) t ( t U �. , , a '1/ EiT i; \ V � � GI I ' / ... , WI � � � i! ,-� ,� . . cr__J, -�- r ,i hull i I r / . i� j I ,....__\ r.,____, # `J \ \ I i QQQ��� h ��(� a` 1 JO II r s _ if , i .. I :.I ---- $ ; ( N C) t 'tip / t 1 1 �� "` . X1. � • c\ I ,.. :',, 1 8 0. 04 4 .4 "±:5 - ...... -- , / * / ' r- \ ..i k___ , 1 /---f)jz.,,1,1 1 4 *,.,....,,,_,,_, 0 . , 7 t /� ��� r i ,,/1 (Ti- ,001) NOISNJlt 1 IJJNIS u101 - - -- — - - - -- - - -! ‘ v„..,... cl,.. 7 , -1 - / C)...174i. 2 t c j - '14"4W4*''''''''' / _ -- - - - � =ate EXHIBIT "B" • �,' I I/ ,�Q/ /, / T 1' V 1 ��� ft Ofi AGENDA REQUEST P Date: April 27,1998 OTHER PUBLIC CONSENT BUSINESS 5/04/98 HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Contract with McKim & Creed,P.A. for engineering services pertaining to the Florida Inland Navigational District V -26 project. BACKGROUND: McKim & Creed was selected to perform engineering services including surveying, environmental, site planning, electrical, structural, biological and construction administration as required to develop the FIND spoil management area and the research (m . p. 50 industrial site. As such all the engineering tasks required prior to and during construction have been defined in the attached agreement at a not -to - exceed amount of $324,900.00. RECOMMENDATION: 06-('66 0-0\. Now Upon review of the agreement approve such, which gives Staff the authorization to issue a notice to proceed to McKim & Creed. FUNDS AVAILABLE: ACCOUNT NUMBER: N/A ; FIND reimburses the City (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) 2 `Ftfed' PRESENTED BY: Kyle W. Fegley, City Engineer /Public Works Director PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted: Concurrence: err , Kyle . Fegley / e n Grace • City ngineer/ or y Manager KWF:rsm � " , f, 6`7 4 AGREEMENT FOR ENGINEERING SERVICES CITY OF EDGEWATER FIND PROJECT THIS AGREEMENT, made this day of , 19 by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereafter referred to as "City "), whose address is 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida 32132 -0100 and McKIM & CREED, a Florida corporation (hereafter referred to as "Engineer /Architect "), whose address is 483 South Nova Road, Ormond Beach, Florida 32174. WITNESSETH: N In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, the City and Engineer /Architect agree as follows: 1. SERVICES: Engineer /Architect The City proposes to develop property owned by The Florida Inland Navigation District (hereinafter referred to as F.I.N.D.), as an industrial park and spoil containment site pursuant to an Agreement with F.I.N.D.. F.I.N.D. will reimburse City for its development costs. The City requires professional services from an Engineer /Architect firm to provide (1) a Master Plan and related services for the entire site and (2) design, permitting, engineering and construction supervision for the 2 phases of the Project. The City's budget for the project is $1,930,360. "'errs The City does hereby retain the Engineer /Architect to furnish professional services and perform those tasks outlined in "Scope of Work ", attached hereto as Exhibit "A" and made a part (Ag reemnt\Engineering- FindProject) April 30, 1998 1 4 t hereof. This Agreement standing alone does not authorize the performance of any Work or require the City to place any orders for Work. The City reserves the right to contract with other parties for professional services within the scope of this Agreement when it is determined to be in the best interests of the City to do so. 2. TIME FOR COMPLETION: (a) The services to be rendered by Engineer /Architect shall commence, upon receipt of the Notice to Proceed and Work Orders to be issued hereunder, and shall be completed within the time specified therein. In the event Engineer /Architect is unable to complete services because of delays resulting from untimely review and approval by City and other governmental authorities having jurisdiction over the Project and such delays are not the fault of Engineer /Architect, City shall grant a reasonable extension of time for completion of Work upon timely written request for same which shall be given by Engineer /Architect to the City no later than 48 hours after such occurrence. (b) Should the City determine that significant benefits would accrue from expediting an otherwise established time schedule for completion of services under a given Work Order, that Work Order may include a negotiated payment incentive or schedule of incentives based on time savings. 3. AUTHORIZATION FOR SERVICES: Authorization for performance of professional services by the Engineer /Architect shall be in the form of Work Orders issued by the City. Each Work Order shall describe the specific phase of the Project to be performed and will be issued under and shall incorporate the terms of this Now Agreement. The Phases which comprise the work to be performed hereunder are described in the (Ag reemnt\Eng ineering- FindProject) April 30, 1998 2 4 Scope of Work attached as Exhibit A. 4. COMPENSATION AND METHOD OF PAYMENT: (a) The City will pay the Engineer /Architect for services performed under each Work Order that portion of the TOTAL FEE which corresponds to the percentage of the total project assigned to that Phase as described in subparagraph (c)(1) of this Section 4. In the case of Additional Services, payment will be limited by the "not -to- exceed" amount indicated on the Work Order. No payments will be made to Engineer /Architect in excess of the not -to- exceed amount regardless of actual hours worked towards completion of the authorized services. Payments shall be made to the Engineer /Architect when requested as Work progresses, but not more than once monthly for services furnished. (b) Upon approval of such payment requested by the Engineer /Architect, City agrees that it will make its best efforts to pay same within thirty (30) calendar days of receipt of Engineer /Architect's invoice. (c) Basic Services: The TOTAL FEE for the Project as identified in Exhibit "A" to this Agreement is a not -to- exceed amount of three hundred twenty -four thousand nine hundred ($324,900.00). Engineer /Architect may invoice the amount due under each Work Order based on the percentage of the services actually performed and completed of total amount to be billed pursuant to the applicable Work Order. Each invoice shall contain a Work Accomplished Statement wherein the Engineer /Architect certifies the work element is completed to at least the percentage shown on the invoice. Each invoice shall also be accompanied by written concurrence from the City Engineer. (1) A separate Work Order shall be issued for each of the following phases of the (Ag reemntlEngineering- FindProject) April 30, 1998 3 4 Project as identified in Exhibit "A" of this Agreement. (d) Additional Services: Services which are referred to as "Additional Services" and outside the Scope of Work as described in Exhibit "A" of this Agreement, must be approved in writing by the City. If additional services are negotiated on an actual cost basis, the City shall compensate the Engineer /Architect for such services on an hourly rate basis as follows: PRINCIPAL 120 SENIOR PROJECT MANAGER 110 QA/QC SPECIALIST 110 SENIOR TECHNICAL SPECIALIST 102 SENIOR STRUCTURAL ENGINEER 90 SENIOR PROJECT ENGINEER 90 STORMWATER ENGINEER 87 SENIOR LANDSCAPE ARCHITECT 85 SENIOR PROJECT ARCHITECT 85 ELECTRICAL ENGINEER 75 HVAC ENGINEER 75 SENIOR ARCHITECTURAL CAD DESIGNER 70 SENIOR CAD DESIGNER 57 PROJECT ENGINEERING TECHNICIAN 54 COST ESTIMATOR 54 ARCHITECTURAL CAD DRAFTER 45 ADMINISTRATIVE ASSISTANT 33 SURVEY 3 PERSON CREW 77 2 PERSON CREW 65 SURVEY MANAGER 65 SURVEY TECHNICIAN 45 CONSTRUCTION MANAGER 75 CONSTRUCTION OBSERVER 45 PHOTOGRAMMETRIST 85 or such additional services may be negotiated at a fixed not -to- exceed price. Where the services of Now subconsultants are required to complete such Additional Services, the actual cost of such subconsultant service without mark -up of invoices, shall be compensated to Engineer /Architect by City. The cost to Engineer /Architect of coordinating such subconsultant efforts shall be included (Ag reemn tsEng in ee ring - FindProj ec t) April 30, 1998 4 4 in the authorization for Engineer /Architect's hourly services. 5. GENERAL TERMS OF PAYMENT: Saw (a) Upon satisfactory completion of Work required under Work Orders issued hereunder or any supplements thereto, and upon acceptance of the Work by the City, the Engineer /Architect may invoice the full final amount of compensation provided for under the terms of this Agreement less amounts already paid by the City. The City shall make its best efforts to pay the Engineer /Architect within thirty (30) days of receipt of such invoice. If construction is involved, fmal payment to the Engineer /Architect shall be made by the City within sixty (60) calendar days of the City's acceptance of the fully executed Certificate of Contract Completion for the Construction Contract. (b) The City may perform or cause to have performed, an audit of records of the `err Engineer /Architect after final payment to support final payment issued hereunder. This audit shall be performed at a time mutually agreeable to the Engineer /Architect and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Engineer /Architect may be determined subsequent to an audit as provided for in this Section and the total compensation so determined shall be used to calculate final payment to the Engineer /Architect. Conduct of this audit shall not delay final payment as required by Paragraph (a) of this Section. (c) In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or of the County of Volusia, or any representatives, shall have access to any books, documents, papers and stir records of the Engineer /Architect which are directly pertinent to Work performed under this (Ag re e mn AEng in ee ring -Fin dProjec t) April 30, 1998 5 4 t Agreement for the purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, state or county grant pertaining to Engineer /Architect will be "'taw adhered to by the Engineer /Architect. Copy of such grants shall be furnished to Engineer /Architect. (d) The Engineer /Architect agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. (e) In the event any audit or inspection conducted reveals any overpayment by the City Nay under the terms of this Agreement, Engineer /Architect shall refund such overpayment to the City within thirty (30) days of notice by the City. (f) Payment will be mailed to Engineer /Architect at the following location: McKIM & CREED 483 South Nova Road Ormond Beach, Florida 32174 6. CHANGES IN SCOPE OF WORK: City or Engineer /Architect may request changes that would increase, decrease, or otherwise modify the scope of work to be provided under this Agreement. Such changes and method of compensation must be agreed upon in writing by written Change Order to this Agreement prior to stow any deviation from the terms of this Agreement, including the initiation of any extra Work. Such (Ag reemnAEng ineering- FindProject) April 30, 1998 6 changes, when properly executed, shall become an Amendment to the Agreement. Written Change Orders shall be in form and content acceptable to the City. 7. RESPONSIBILITY OF THE ENGINEER/ARCHITECT: (a) The Engineer /Architect shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications and other services furnished by the Engineer /Architect under this Agreement. The Engineer /Architect shall, without additional compensation, correct or revise any errors or deficiencies in their designs, drawings, specifications and other services. (b) The Engineer /Architect shall be responsible for designing the Project which can be completed within the Project budget which is $1,930,360.00. If the bids for construction of the Project exceed the Project budget by more than 10 %, Architect/Engineer agrees to redesign the Project at no additional cost to the City until the construction bids received are within the City's budget. (c) Neither the City's review, approval or acceptance of, nor payment for any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Engineer /Architect shall be and remain liable to the City in accordance with applicable laws for all damages to the City caused by the Engineer /Architect's errors, omissions, misconduct or negligent performance of any of the services furnished under this Agreement. (d) In the event that arbitration or litigation becomes necessary for any reason with regard `orir to the terms of this Agreement, the prevailing party shall be due the cost and expense of such action (AgreemnAEngineering-FindProject) April 30, 1998 7 including, but not limited to, court or arbitration costs, interest and reasonable attorney's fees at trial and appellate levels. Stow (e) The rights and remedies of the City, provided for under this Agreement are in addition to any other rights and remedies provided by law. 8. OWNERSHIP OF DOCUMENTS: All plans, drawings, reports and specifications that result from the Engineer /Architect's services under this Agreement shall become the property of the City. The Engineer /Architect shall retain possession of the originals of all documents. Engineer /Architect shall provide reproducible sepias or other reproducible medium as is mutually agreed of all documents to the City. 9. REUSE OF DOCUMENTS: (a) Wherever and whenever applicable, all documents including drawings and specifications furnished by Engineer /Architect pursuant to this Agreement may be reused by the City for future projects. (b) Should the City determine that significant benefits would accrue from such reuse, Work Order(s) will be negotiated on that basis. (c) City shall have the right to reuse the documents, drawings, specifications and contract with other parties, not the Engineer /Architect. Such reuse will be without need of written approval of the Engineer /Architect, however, the City shall, to the extent permitted by law, indemnify the Engineer /Architect who shall not be held professionally responsible for any such reuse. (d) If the City elects to reuse the documents and engage the professional services of the `w Engineer /Architect for construction of future work, Engineer /Architect agrees to perform said (Ag reemnAEng ineering- FindProject) April 30, 1998 8 services for a mutually agreed upon discounted fixed fee to be negotiated under such Change Order for additional Work. If issuance of any Work Order for future work shall require that a "Clerk -of- the - Works" be employed pursuant to the Scope of Work, compensation for his /her services shall be negotiated as part of that Work Order. If any modifications are required to site adapt the documents, compensation for such work shall be negotiated. 10. TERMINATION: (a) The City may by written notice to the Engineer /Architect, terminate this Agreement or any Work Order issued hereunder, in whole or in part, at any time, either for the City's convenience or because of the failure of the Engineer /Architect to fulfill their Agreement obligations. Upon receipt of such notice, the Engineer /Architect shall: (1) Immediately discontinue all services affected (unless the notices stipulates otherwise); and (2) Deliver to the City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Engineer /Architect in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of the City, the Engineer /Architect shall be paid full compensation for services performed to the date of termination. (c) If the termination is due to the failure of the Engineer /Architect to fulfill the Agreement obligations, the City may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, the Engineer /Architect shall be liable to the City for ``rrr reasonable additional costs occasioned to the City thereby including, but not limited to, all (Ag reemnAEng ineering- FindProject) April 30, 1998 9 consequential damages arising from Engineer /Architect's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising therefrom. (d) If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Engineer /Architect had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the Agreement price shall be made as provided in Paragraph (b) of this Section and such adjustment in Agreement price shall be deemed to be the sole remedy of the Engineer /Architect. (e) The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. (f) The Engineer /Architect shall have the right to terminate for failure of the City to 'o"'' fulfill its Agreement obligations and may employ all other rights and remedies otherwise available to Engineer /Architect under law. 11. EQUAL OPPORTUNITY EMPLOYMENT: Engineer /Architect agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading /promotions, demotion or transfer, recruitment, advertising; layoff or termination; rates of pay or their forms of %w' compensation; and selections for training, including apprenticeship. (Ag reemn tEng inee ring - FindProject) April 30, 1998 10 12. NO CONTINGENT FEES: Engineer /Architect warrants that it has not employed or retained any company or persons, ` law other than a bona fide employee working solely for the Engineer /Architect to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Engineer /Architect, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift or consideration. 13. CONFLICT OF INTEREST: Engineer /Architect agrees that it will not contract for or accept employment for the — performance of any work or services with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. 14. ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered under any circumstances by the parties hereto without prior written consent of the opposite party and only a document of equal dignity herewith. However, this Agreement shall run to the Edgewater City Government and its successors. 15. SUBCONSULTANTS /SEPARATE CONSULTANTS: *low If the Engineer /Architect desires to employ Subconsultants in connection with the (Ag reemntiEngineering- FindProject) April 30, 1998 11 performance of its Services hereunder: (a) Any proposed Subconsultants shall be submitted to the City for written approval prior s `" to Engineer /Architect entering into a Subconsultant Agreement. (b) Engineer /Architect shall coordinate the services and work product of any Subconsultants, and remain fully responsible under the terms of this Agreement. Engineer /Architect shall be and remain responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications and other services furnished by Engineer /Architect or its Subconsultants. Engineer /Architect shall, without additional compensation, correct or revise any errors or deficiencies in the designs, drawings, specifications or other services produced pursuant to this Agreement. (c) Any Subconsultant Agreement shall be in writing and shall reflect the terms of this Sew Agreement and require the Subconsultant to assume performance of Engineer /Architect's duties commensurately with Engineer /Architect's duties to City under this Agreement, it being understood that nothing contained herein shall in any way relieve the Engineer /Architect from any of its duties under this Agreement. Engineer /Architect shall provide the City with copies of all Subconsultant Agreements upon request of the City. (d) Engineer /Architect shall cooperate at all times with the City and its other consulting engineers or design professionals, and cooperate and coordinate with, and incorporate the Work product of any separate Engineer /Architect, consulting engineer or design professional retained by the City, in any fashion appropriate or necessary to facilitate the design and construction of the %lay Project within the Project Construction Budget and Schedule. (Ag reemnAEng ineering- FindProject) April 30, 1998 12 16. INDEMNIFICATION OF CITY: (a) To the fullest extent permitted by law, the Engineer /Architect shall indemnify, hold harmless and defend the City, its agents, servants, and employees or any of them from and against all claims, damages, losses and expenses, including but not limited to attorney's fees and other legal costs such as those for paralegal, investigative and legal support services, and the actual costs incurred for expert witness testimony arising out of or resulting from the performance of services required under this Agreement, provided that same is caused by the error, omission, negligent act, or misconduct of the Engineer /Architect, its agents, servants, employees, or Subconsultants. In accordance with Florida Statutes, Section 725.06, adequate consideration has been provided to the Engineer /Architect for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges and immunities of the *t "" City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of the Engineer /Architect or its agents or Subconsultants, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Engineer /Architect or its agents or Subconsultants, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. (b) The execution of this Agreement by the Engineer /Architect shall obligate the Engineer /Architect to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. (Ag reemnt\Eng ineering- FindProject) April 30, 1998 13 (c) The City will require that any contractor, performing work in connection with drawings and specifications produced under this Agreement, agrees to hold harmless, indemnify and '''" defend the City and Engineer /Architect, their consultants and each of their officers, agents ad employees from any and all liability claims, losses, or damages arising out of the contractor's (or subcontractor's) negligence in the performance of the work described in construction contract documents, but not including liability that may be due to the sole negligence of the City, the Engineer /Architect, their consultants, or their officers, agents and employees. 17. MINIMUM INSURANCE REQUIREMENTS. (a) Prior to the commencement of the Work, 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 IV or better 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 of insurance 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; or (2) a certified copy of each policy, including all endorsements. The following insurance requirements shall remain in effect throughout the term of this Agreement. (1) Full and complete Workers' Compensation coverage as required by state law (Florida) shall be provided. *taw (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 (Ag reemntEng ineering- FindProject) April 30, 1998 14 { of this Contract, with limits of liability for personal injury and/or bodily injury, including death, of not less than $500,000.00 each occurrence; and property damage of not less than $500,000.00 each occurrence. (Combined Single Limits of not less than $1,000,000.00 each occurrence, will be acceptable unless otherwise stated). 'sow, Coverage shall be on an "occurrence" basis, and the policy shall include Broad Form Property Damage coverage, and Fire Legal Liability of not less than $50,000.00 per occurrence, unless otherwise stated by exception herein. (3) Automobile Liability Insurance coverage shall be the minimum amount or $500,000.00 combined single limits for Bodily Injury and Property Damage. (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 certified mail to: Legal Department, P. O. Box 100, Edgewater, Florida 32132 -0100. Contractor shall also notify City, in a like manner, 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 of this requirement to provide notice. (2) The City of Edgewater shall be endorsed to the required policy or policies as an additional named insured. 18. REPRESENTATIVE OF CITY AND ENGINEER/ARCHITECT: (a) It is recognized that questions in the day -to -day conduct or performance pursuant to this Agreement will arise. The City hereby designates the representative identified under "NOTICES" as the employee to whom all communications pertaining to the day -to -day performance of the Agreement shall be addressed. The designated representative shall have the authority, as the City's coordinator for this Agreement, to transmit instructions, receive information and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. (b) Engineer /Architect shall, at all times during the normal work week, designate or (Ag reemnttEng ineering- FindProject) April 30, 1998 15 appoint one or more representatives of the Engineer /Architect who are authorized to act on behalf of the Engineer /Architect regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the City continually advised of such designation in writing. (c) For the purpose of this Agreement only, the designated representative for Engineer /Architect is: James Robert Sloane, P.E. Senior Project Manager McKIM & CREED 483 South Nova Road Ormond Beach, Florida 32174 (904)672 -5660 19. ALL PRIOR AGREEMENTS SUPERSEDED: (a) The Agreement between the parties consist of this document and the written proposal submitted to the City dated January 7, 1998, by Engineer /Architect which is by this reference incorporated herein. (b) This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document and proposal of the Engineer /Architect. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. (c) It is further agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with Mr► the same formality and of equal dignity herewith. (Ag reemn tEng inee ring- FindProject) April 30, 1998 16 20. NOTICES: All notices or other communications required or permitted hereunder shall be in writing and Sow shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City: City's Representative: Nikki Clayton Kyle Fegley City Attorney City Engineer City of Edgewater City of Edgewater P. O. Box 100 P. O. Box 100 104 North Riverside Drive 104 North Riverside Drive Edgewater, Florida 32132 -0100 Edgewater, Florida 32132 -0100 (904)424 -2403 (904)424 -2479 With Copy to: J. Kevin Grace City Manager "%Be City of Edgewater P. O. Box 100 104 North Riverside Drive Edgewater, Florida 32132 -0100 (904)424 -2404 If to Contractor: James Robert Sloane, P.E. Senior Project Manager McKIM & CREED 483 South Nova Road Ormond Beach, Florida 32174 (904)672 -5660 21. INDULGENCE NOT WAIVER: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the terms of this (AgreemnAEngineering-FindProject) April 30, 1998 17 • Agreement. 22. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida. 23. INTERPRETATION; VENUE: In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Now By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney ATTEST: McKIM & CREED By: Name: Name: Secretary President Dated: (AgreemnAEngineering-FindProject) April 30, 1998 18 FIND PROJECT SCOPE OF SERVICES EXHIBIT "A" Section 1. GENERAL The Engineer shall perform professional services upon authorization and as hereinafter stated for the Florida Inland Navigation District Project (FIND). Section 2. BASIC SERVICES The Engineer's basic service for the FIND project shall consist of any or all of the phases describe below, as determined by the City and shall include all civil, site work, structural, environmental, geological, utility, and biological services necessary to achieve a complete project. 2.1 Phases Now The Project will consist of three parts. Part A, master Plan for Phases I and II, will consist of the development of a master plan for the entire 220 -acre project site, including both the FIND spoils containment area and the Industrial and Research Park. Part B, Preparation of Phase I Design Documents, will involve the detailed design and preparation of contract documents for the FIND spoils containment site, the Park entrance and secondary access roadways, and support utility facilities to provide for a fully functional Phase I system. Part C, Preparation of Phase II Design Documents, will involve the detailed design and preparation of contract documents for the construction and development of the Industrial and Research Park. Detailed descriptions of the work to be undertaken for each Part follows. PART A: MASTER PLAN FOR PHASES I AND II (1) Project Initiation The Engineer shall prepare for and conduct a project initiation meeting, and shall collect and review existing data relevant to the project, including the Boundary Survey. The Engineer shall provide assistance to City staff in applying for grants available to fund project facilities, including but not limited to SJRWMD/EPA Indian River Lagoon Program, and DEP Section `t' 319 Nonpoint Source Management Program. (Ag reemnt/Eng ineering- FindProject - ExhibitA) April 30, 1998 A -1 (2) Initial Site Evaluation The Engineer shall evaluate the entire site for the intended purposes of the development of a co- located FIND site and City Industrial and Research Park. The Engineer shall arrange for an Environmental Assessment including wetland delineation, and if required, implementation and monitoring of a wetland mitigation plan. A tree survey limited only to those areas being disturbed shall be conducted in accordance with the City's tree preservation guidelines. A topographic survey shall be developed for the Industrial and Research Park area to supplement the topographic survey previously developed for the spoils containment area. The site shall be investigated according to FGFWFC guidelines for habitats for threatened and endangered species. A geotechnical evaluation of the soils in the containment area and in the area of the proposed access roadways will be conducted to provide information necessary for permitting purposes and for the Master Plan development. A drainage basin analysis and stormwater master plan for the entire site shall be prepared. The Consultant shall coordinate with the Florida Power and Light Company electrical distribution and roadway lighting design, and shall incorporate their design into the design documents as appropriate. Underground utility needs for the Phase I development shall be evaluated, and the Master Plan will include a conceptual layout of potable water, wastewater, and reclaimed water services. Now (3) Prepare Traffic Analysis A traffic study will be prepared and included as part of the Master Plan. It will include a specific evaluation of two affected intersections, and will provide projected traffic loadings for three different time frames including post -FIND containment construction, mid- Industrial and Research Park development and Industrial and Research Park build out. (4) Prepare for and Conduct Preliminary Meetings with Regulatory Permitting Agencies The Engineer shall determine which regulatory agencies will require permits for the proposed activities, including but not limited to: Water Management District; Department of Environmental Protection; Department of Health Services; Environmental Protection Agency; Army Corps of Engineers; Florida East Coast Railway; US Fish and Wildlife Service; Department of Transportation; Florida Game and Fresh Water Fish Commission; Municipality /County. Agencies requiring permits will be contacted and preapplication meetings will be scheduled with agreeing agencies. likoso (Ag reemnt/Eng ineering- FindProject - ExhibitA) April 30, 1998 A -2 (5) Prepare Conceptual Schematic Designs The site will be studied and conceptual schematic site plans shall be prepared. (6) Prepare Engineer's Conceptual Opinion of Cost A conceptual engineer's opinion of probable construction cost shall be developed. (7) Prepare and Submit Conceptual Design Documents The draft conceptual design documents shall be prepared and submitted to the City. (8) Prepare for and Conduct Conceptual Review Meeting with the City Staff and FIND Representative The conceptual documents will be reviewed with the City staff and FIND representatives. Comments generated during this review will be incorporated into the Conceptual design where appropriate. (9) Prepare and Submit 10 Copies of the Conceptual Design Documents it Suggestions generated at the review meeting will be incorporated where appropriate into the Conceptual Design Documents. Ten copies of the final document shall be provided to the City. (10) Develop and Monitor Schedule Via MS Project Due to the complex nature of the project and its critical scheduling needs, computer driven Microsoft Project will be utilized to schedule significant events and to monitor project progress. (11) Manage Master Plan Development The Engineer's project manager shall direct the entire Master Plan development effort, and shall provide project progress updates as required by the City. PART B: PREPARATION OF PHASE I DESIGN DOCUMENTS `tow Upon acceptance of the Conceptual Design, the Engineer shall proceed with the development of the detailed design documents for the Phase I FIND portion of the overall project. (Ag reemnt/Eng ineering- FindProject - ExhibitA) April 30, 1998 A -3 Phase I - Preliminary Design (1) Perform Supplementary Field Survey Throughout the Part B efforts, supplementary survey data will be generated as required by the Part B design efforts. (2) Perform Supplementary Geotechnical Investigations Throughout the Part B efforts, supplementary geotechnical data will be generated as required by the Part B design efforts. (3) Prepare Preliminary Design of Phase I Detailed Stormwater Facilities Data from the Stormwater Master Plan developed in Part A of this project will be used to generate a detailed Phase I stormwater facilities preliminary design. (4) FIND V -26 Containment Facilities Design 'tow Detailed design of the V -26 FIND containment and perimeter roadway will begin with the preparation of the preliminary design. The containment parameters will be reviewed with the FIND representative and City staff to assure that the design proceeds according to FIND guidelines. The level of excavation required by containment volume and site - specific geological conditions will be established and the embankment preliminary design shall be prepared. Geotechnical investigations necessary to accomplish this part of the work shall be undertaken. The relocation of the existing drainage canal which traverses the containment footprint will be designed to a preliminary level. (5) Design Entrance and Access Roadways A preliminary design of the entrance and access roadways necessary to support the FIND containment area and to upgrade these facilities to service the existing industries shall be completed. (6) Design Entrance Roadway Water Crossings Initial site investigations have determined that entrance roadway water crossings will be necessary to assure free flow of existing wetland waters. The Preliminary Design effort shall include design of these facilities. (Ag reemntlEng ineering- FindProject- ExhibitA) April 30, 1998 A -4 'o., (7) Coordinate Power Distribution and Entrance and Access Roadway Lighting The Consultant shall coordinate with Florida Power and Light Company the preliminary design of the power distribution and entrance and roadway lighting system, including that necessary for the FIND perimeter road. (8) Design Phase I Support Utilities A preliminary design for support utilities required for Phase I shall be prepared. The utilities include potable water, wastewater, and reclaimed water services. (9) Analyze Park Impact on Existing Utilities Projected demands on the utility services shall be developed. The adequacy of existing utility facilities contiguous to the Phase I site will be evaluated and recommendations for upgrades shall be presented to the City staff. (10) Design Phase I Rights -of -way and Utility Corridors Once the utilities' needs for Phase I have been established, a preliminary design of the necessary rights -of -way and utility corridors shall be prepared. (11) Prepare Preliminary Specifications Preliminary Technical specifications (EJCDC format) for the Phase I site shall be prepared. The contract documents shall be formatted to permit separate bidding of this work. (12) Prepare Preliminary Opinion of Cost The Conceptual Construction Cost Estimate will be further refined and upgraded into a preliminary level of detail. (13) Environmental Permitting Applications for all permits previously determined to be required will be submitted. Responses to all Requests for Additional Information (RAI) will be promptly prepared. (Ag reemnt/ Engineering - FindProject - ExhibitA) April 30, 1998 A -5 (14) Railroad and Driveway Permitting Permit applications for railroad crossings and driveway permits shall be prepared and submitted to the appropriate regulatory agencies. Prompt responses to Requests for Additional Information shall be prepared and submitted as required. (15) Prepare and Submit Draft Preliminary Design Documents The draft Preliminary Design Documents will be submitted to the City staff. The following quantities of Preliminary Design Documents shall be submitted: • Ten (10) sets of preliminary plans and details • Two (2) copies of preliminary technical specifications • Two (2) copies of geotechnical report • Two (2) copies of the design calculations • Two (2) copies of the correspondence with regulatory agencies • Two (2) copies of the correspondence with other utility companies (16) Review Draft Preliminary Design Documents with City Staff The draft Preliminary Design Documents will be reviewed with the City staff and FIND NAlly representative, and comments will be solicited. (17) Revise Draft and Submit Preliminary Design to City Comments generated during the City staff/FIND review will be incorporated into the Preliminary Design where appropriated. Ten copies of the Final Preliminary Design shall be delivered to the City. (18) Prepare for and Conduct Preliminary Design Meetings Meetings between City staff and Engineer's personnel will be necessary to assure that the design developed will meet the City's needs. Engineer's personnel will be available to meet with City staff on an as- needed basis. These meetings are in addition to the regularly scheduled monthly progress meetings. (19) Manage Phase I Preliminary Design The Engineer's project manager shall direct the entire Preliminary Design development effort, and shall provide project progress updates as required by the City Council. (Ag reemnt/Eng ineering- FindProject - ExhibitA) April 30, 1998 A -6 Phase I - Final Design (60 - 100% Complete) (1) Finalize Field Survey Data Supplementary survey data necessary for the development of the final design will be generated as required. (2) Finalize Geotechnical Investigations Supplementary geotechnical data necessary for the final design effort will be generated as required. • (3) Finalize Phase I Stormwater Facility Details The design of the Phase I stormwater facilities design shall be completed. (4) FIND V -26 Containment Facilities Design Detailed design of the V -26 FIND containment area and perimeter roadway shall be finalized. Supplemental geotechnical investigations necessary to accomplish this part of he work shall be finalized. The design of the relocation of the existing drainage canal which slow traverses the containment footprint shall be completed. (5) Finalize Entrance and Access Roadway Design A final design of the entrance and access roadways necessary to support the FIND containment area and the existing industries shall be completed. (6) Finalize Entrance Roadway Water Crossings Design The final design of the entrance roadway water crossings shall be prepared. (7) Coordinate Final Design of Power Distribution and Entrance and Access Roadway Lighting Design The Consultant shall coordinate the Florida Power and Light Company final design of the entrance and access roadway lighting, including that necessary for the FIND perimeter road. The design shall be included in the final design documents to the appropriate level. lioar (Ag reemn t/ Engineering- FindProjec t- Exhibi tA) April 30, 1998 A -7 (8) Finalize Design of Phase I Support Utilities The final design for support utilities required for Phase I shall be prepared. (9) Design Phase I Rights -of -way and Utility Corridors The final design of the necessary rights -of -way, easements, and utility corridors shall be prepared. (10) Prepare Final Phase I Technical Specifications Technical specifications for the Phase I site will be finalized. The contract documents shall be formatted to permit separate bidding of this work. (11) Prepare Final Phase I Opinion of Cost The Preliminary Cost Estimate will be further refined and upgraded into a Final Design level of detail. (12) Obtain Necessary Environmental Permits "�✓ Responses to all additional Requests for Additional Information (RAI) will be promptly prepared. Follow -up efforts will be conducted until the permits are received. (13) Obtain Necessary Railroad and Driveway Permits Additional responses to Requests for Additional Information shall be prepared and promptly submitted. Follow -up efforts will be conducted until the permits are received. (14) Prepare and Submit Draft Final Design Documents The Draft Final Design Documents shall be submitted to the City staff and FIND representative. (15) Review Draft Final Design Documents with City Staff and FIND Representative The Consultant shall review the Final Design Documents with the City Staff and FIND representative and shall solicit comments. (Ag reemnt/Eng ineering- FindProject - ExhibitA) April 30, 1998 A -8 (16) Revise and Submit Final Design Documents to City Staff The Draft Final Design shall be revised in accordance with the comments received during .,. the final review. Ten copies of the Final Design Documents shall be submitted to the City staff. (17) Prepare for and Conduct Final Design Meetings Meetings between City staff and Engineer's personnel will be necessary to assure that the design developed will meet the City's and FIND'S needs. Engineer's personnel will be available to meet with City staff on an as- needed basis. These meetings are in addition to the regularly scheduled monthly progress meetings. (18) Manage Final Design Phase The Engineer's project manager shall direct the entire Final Design development effort, and shall provide project progress updates as required by the City Council. Bidding Services Engineer shall provide the following professional services during the bidding period: (1) Prepare Advertisement Engineer shall prepare an advertisement to solicit bids for the Phase I FIND work. (2) Distribute Contract Documents Engineer shall respond to contract document requests by distributing contract documents at a nominal price to cover the cost of reproduction. (3) Conduct Pre -Bid Meeting and Prepare Minutes Engineer shall conduct a pre -bid meeting to address potential contractors questions. Minutes of the meeting shall be prepared and distributed to all attendees and interested parties. (4) Respond to Bidders Questions Throughout the bidding period, Engineer shall respond to bidders' questions regarding the 44 tre project. (Ag reemnt/Engineering- FindProject - ExhibitA) April 30, 1998 A -9 • (5) Prepare Addenda Clarification of design parameters necessary to assure a fair bidding process and/or ,,,, competitive bids shall be addressed through addenda. Engineer shall prepare all necessary addenda and distribute them to all plan holders. (6) Evaluate Bid and Bidders Engineer shall evaluate the bids and shall investigate prior experience and performance of the apparent low bidder(s). (7) Engineer shall recommend to the City an Award of Bid Construction Administration Engineer shall provide construction administration services as required by the City. These services shall include the following: (1) Process Contract Documents Engineer shall process the contract documents to assure that all necessary insurance and `46er, bonding certificates are provided and that the contracts are properly executed. (2) Prepare for and Conduct Pre - Construction Meeting A pre - construction meeting shall be held and all City, Contractor, and local utility representatives shall be invited. The Contract scope and schedule shall be reviewed and a Notice -to- Proceed shall be issued. Minutes of the pre - construction meeting shall be prepared and distributed by Engineer. (3) Process Shop Drawings Engineer shall process all shop drawings submitted by the Contractor. A record of each submittal shall be established, and rejected shop drawings shall be returned to the Contractor for re- submittal. (4) Conduct Periodic Site Visits - 16 Hours Per Month Engineer personnel shall periodically visit the construction site to assure to the extend Now practicable that the facilities are being constructed in accordance with the intent of the design. Per FIND guidelines, these visits shall average 40 hours per month. For the (Ag reemnt/Eng ineering- FindProject - ExhibitA) April 30, 1998 A -10 purposes of this proposal, the construction time for the Phase I work is estimated to be 12 months. (5) Prepare for and Conduct Monthly Progress Meetings and Provide Monthly Noise Written Reports Monthly construction progress meeting shall be conducted, and minutes of each meeting shall be distributed to all attendees. Construction schedules will be discussed at each meeting so that problems with the schedule can be promptly addressed. (6) Consult with City Staff as Required by Conditions The entire staff of the Engineer shall be available to the City staff for consultation regarding the construction project throughout the construction period. (7) Prepare Discretionary Work Directives Whenever site conditions or construction situations warrant, Engineer's staff shall promptly prepare, with concurrence of City staff, discretionary work directives. (8) Review and Process Monthly Draw Requests — Draw requests submitted shall be reviewed by Engineer's personnel. Claim items with respect to work accomplished shall be verified, calculations shall be checked, and a recommendation regarding payment shall be made. (9) Prepare Record Drawings Throughout the construction period the Contractor shall be required to maintain a set of Contract documents marked up to reflect adjustments made for field conditions. At the end of the construction period, the marked up drawings shall be given to Engineer for the preparation of record drawings. Record drawings shall be submitted to the City. (10) Assist in Project Closeout Engineer shall assist in the project closeout activities including establishing a substantial completion date, participating in initial and final punch list preparation and verification, and completion of all necessary paperwork. (11) Manage Construction Administration Phase 1 v•• The Engineer's project manager shall direct the entire construction administration effort, and (Agreernnt/ Engineering - FindProject - ExhibitA) April 30, 1998 A - shall provide project progress updates as required by the City. PART C: PREPARATION OF PHASE II DESIGN DOCUMENTS "o. Phase II - Preliminary Design (0 - 60% Complete) (1) Perform Supplementary Field Survey Throughout the Part C efforts, supplementary survey data will be generated as required by the Part C design efforts. (2) Perform Supplementary Geotechnical Investigations Throughout the Part C efforts, supplementary geotechnical data will be generated as required by the Part C design efforts. (3) Prepare Preliminary Design of Phase II Detailed Stormwater Facilities Data from the Stormwater Master Plan developed in Part A of this project will be used to generate a detailed Phase II stormwater facilities preliminary design. *ow (4) Prepare Preliminary Roadway Design A preliminary design of the Industrial and Research Park roadways shall be prepared. (5) Prepare Phase H Preliminary Utilities Design A preliminary design for support utilities required for Phase II shall be prepared. The utilities include potable water, wastewater, and reclaimed water services. (6) Coordinate Power Distribution and Preliminary Roadway Lighting Effort Once the intra -park roadway layout has been established, the Consultant shall coordinate the Florida Power and Light Company preliminary design of the power distribution and roadway lighting system. (7) Analyze Park Impact on Existing Utilities Projected demands on the utility services shall be developed. The adequacy of existing City utility facilities including distribution and treatment processes contiguous to the Phase II site will be evaluated and recommendations for upgrades shall be presented to the City staff. (Ag reemnt/Eng ineering- FindProject - ExhibitA) April 30, 1998 A -12 (8) Design Phase 11 Rights -of -way and Utility Corridors Once the utilities' needs for Phase II have been established, a preliminary design of the '`.. necessary rights -of -way and utility corridors shall be prepared. (9) Prepare Preliminary Specifications Preliminary Technical specifications for the Phase II site shall be prepared. The contract documents shall be formatted to permit separate bidding of this work. (10) Prepare Preliminary Opinion of Cost The Conceptual Cost Estimate for Phase II construction costs will be further refined and upgraded into a preliminary level of detail. (11) Permitting Applications for all permits previously determined to be required will be submitted. Responses to all Requests for Additional Information (RAI) will be promptly prepared. (12) Prepare and Submit Preliminary Draft Documents % The Phase II draft Preliminary Design Documents will be submitted to the City staff. (13) Review Preliminary Draft Documents with City Staff The draft Preliminary Design Documents shall be reviewed with the City staff, and comments shall be solicited. (14) Revise Draft and Submit Preliminary Design to City Comments generated during the City review will be incorporated into the Phase II Preliminary Design where appropriated. Ten copies of the Final Preliminary Design shall be delivered to the City. (15) Prepare for and Conduct Preliminary Design Meetings Meetings between City staff and Engineer's personnel will be necessary to assure that the design developed will meet the City's needs. Engineer's personnel will be available to meet %'"'' with City staff on an as- needed basis. These meetings are in addition to the regularly scheduled monthly progress meetings. (Ag reemn BEng ineering - FindProject - ExhibitA) April 30, 1998 A -13 (16) Manage Preliminary Design The Engineer's project manager shall direct the entire Phase II Preliminary Design development effort, and shall provide project progress updates as required by the City. Phase II - Final Design (1) Finalize Field Survey Data Supplementary survey data necessary for the development of the Phase II final design will be generated as required. (2) Finalize Geotechnical Investigations Supplementary geotechnical data necessary for the Phase H final design effort will be generated as required. (3) Finalize Phase 11 Stormwater Facility Details The design of the Phase II stormwater facilities design shall be completed. 'or (4) Finalize Roadway Design A final design Industrial and Research park roadway system shall be prepared. (5) Finalize Phase 11 Utilities Design The final design for support utilities required for Phase II shall be prepared. (6) Coordinate Final Power Distribution and Roadway Lighting Design Effort Once the Phase II roadway system has been finalized, Engineer shall coordinate the Florida Power and Light Company final design of the power distribution and roadway lighting system. The design shall be incorporated into the design documents to the appropriate level. (7) Finalize Phase 11 Rights -of -way and Utility Corridors The fmal design of the necessary rights -of -way and utility corridors for Phase II shall be prepared. \r (Ag reemn t/ Engineering - FindProject- ExhibitA) April 30, 1998 A -14 t (8) Finalize Technical Specifications Technical specifications for the Phase II site will be finalized. The contract documents shall Nine be formatted to permit separate bidding of this work. (9) Prepare Final Opinion of Probable Construction Cost The Phase II Preliminary Cost Estimate of probable construction cost will be further refined and upgraded into a Final Design level of detail. (10) Obtain Necessary Permits Responses to all additional Requests for Additional Information (RAI) will be promptly prepared. Follow -up efforts will be conducted until the Phase II permits are received. (11) Prepare and Submit Draft Final Design Documents The Draft Phase II Final Design Documents shall be submitted to the City staff. (12) Review Draft Design Documents with City Staff 'm The Draft Phase II Final Design Documents will be reviewed with the City staff, and comments will be solicited. (13) Revise Draft and Submit Final Design Documents The Phase II Draft Design Documents shall be revised where appropriate and ten copies of the documents shall be submitted to the City. (14) Prepare for and Conduct Miscellaneous Final Design Meetings Meetings between City staff and Engineer's personnel will be necessary to assure that the design developed will meet the City's needs. Engineer's personnel will be available to meet with City staff on an as- needed basis. These Phase II meetings are in addition to the regularly scheduled monthly progress meetings. (15) Manage Final Design Phase The Engineer's project manager shall direct the entire Phase II Final Design development effort, and shall provide project progress updates as required by the City. (Ag reemnt/ Engineering - FindProject - ExhibitA) April 30, 1998 A -15 • Bidding Services Engineer shall provide the following professional services during the bidding period: "fir (1) Prepare Advertisement Engineer shall prepare an advertisement to solicit bids for the Phase II FIND work. (2) Distribute Contract Documents Engineer shall respond to contract document requests by distributing contract documents at a nominal price to cover the cost of reproduction. (3) Conduct Pre -Bid Meeting and Prepare Minutes Engineer shall conduct a pre -bid meeting to address potential contractors questions. Minutes of the meeting shall be prepared and distributed to all attendees and interested parties. (4) Respond to Bidders Questions Throughout the bidding period, Engineer shall respond to bidder's questions regarding the project. (5) Prepare Addenda Clarification of design parameters necessary to assure a fair bidding process and/or competitive bids shall be addressed through addenda. Engineer shall prepare all necessary addenda and distribute them to all plan holders. (6) Evaluate Bid and Bidders Engineer shall evaluate the bids and shall investigate prior experience and performance of the apparent low bidder(s). (7) Engineer shall recommend to the City an Award of Bid Construction Administration Engineer shall provide construction administration services as required by the City. These services shall include the following: (Ag reemnt/ Engineering - FindProject - ExhibitA) April 30, 1998 A -16 1 (1) Process Contract Documents Engineer shall process the Phase II contract documents to assure that all necessary insurance **ow and bonding certificates are provided and that the contracts are properly executed. (2) Prepare for and Conduct Pre - Construction Meeting A Phase II pre - construction meeting shall be held and all City, Contractor, and local utility representatives shall be invited. The Contract scope and schedule shall be reviewed and a Notice -to- Proceed shall be issued. Minutes of the pre - construction meeting shall be prepared and distributed by Engineer. (3) Process Shop Drawings Engineer shall process all Phase II shop drawings submitted by the Contractor. A record of each submittal shall be established, and rejected shop drawings shall be returned to the Contractor for re- submittal. (4) Conduct Periodic Site Visits - 40 Hours Per Month Engineer's personnel shall periodically visit the Phase II construction site to assure to the extent practicable that the facilities are being constructed in accordance with the intent of the design. Per FIND guidelines, these visits shall average 40 hours per month. For the purposes of this proposal, the construction time for the Phase II work is estimated to be 12 months. (5) Prepare for and Conduct Monthly Progress Meetings and Provide Monthly Written Reports Monthly construction progress meetings shall be conducted, and minutes of each meeting shall be distributed to all attendees. Phase II Construction schedules will be discussed at each meeting so that problems with the schedule can be promptly addressed. (6) Consult with City Staff as Required by Conditions The entire staff of Engineer shall be available to the City staff for consultation regarding the construction project throughout the Phase II construction period. (Ag reemnt/Eng ineering- FindProject - ExhibitA) April 30, 1998 A -17 0 (7) Prepare Discretionary Work Directives Whenever site conditions or construction situations warrant, Engineer's staff shall promptly prepare, with concurrence of City staff, Phase II discretionary work directives or change orders if required. (8) Review and Process Monthly Draw Requests Phase II Contractor draw requests submitted shall be reviewed by Engineer's personnel. Claim items with respect to work accomplished shall be verified, calculations shall be checked, and a recommendation regarding payment shall be made. (9) Prepare Record Drawings Throughout the Phase II construction period the Contractor shall be required to maintain a set of Contract documents marked up to reflect adjustments made for field conditions. At the end of the construction period, the marked up drawings shall be given to Engineer for the preparation of record drawings. Record drawings shall be submitted to the City. (10) Assist in Project Closeout err Engineer shall assist in the Phase II project closeout activities including establishing a substantial complete date, participating in initial and final punch list preparation and verification, and completion of all necessary paperwork required to issue a final completion status. (11) Manage Construction Administration Phase The Engineer's project manager shall direct the entire Phase II Construction Administration effort, and shall provide project progress updates as required by the City. fir, (Agreemnt/ Engineering - FindProject - ExhibitA) April 30, 1998 A -18 11 D AGENDA REQUEST C.A. NO.: 98 -064 Date: April 30, 1998 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT BUSINESS 05/04/98 CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Fire Station Site on Hibiscus Drive - City purchase of five (5) lots from Edgewater Volunteer Fire /Rescue Association for construction of new fire station. BACKGROUND: Department of Fire/Rescue Services is requesting Council approval to purchase 5 parcels of property r f ? from the Edgewater Volunteer Fire/Rescue Association for the construction of a fire station at the . ( �y ` Northwest intersection of Hibiscus and 27 Street. The purchase price is $37,500.00./The ef';' Association already has done site preparatory work which includes topographic, utilities and pC boundary surveys and required soil borings. This work will be transferred to the City at no additional "fir cost to the City. The Association will retain the adjoining property and intends at a later date to construct an Association Activity Center. The City and Association will enter into Cross - Easement Agreements to share use of arkin stormwater and other site improvements. This will enable the Fire Department to utilize portions of the Association's property for training and educational purposes. The City also agrees to construct a 20 space parking lot on Association property which will be shared by the Fire Department and Association. 71 WI& rtc WC. air - r .K-, SF/Fat A Conceptual Site Plan is attached for Council review. q- V �' 14 7OGerte RECOMMENDATION /CONCLUSION: L W ) G904,4 A Staff recommends Council consider approval of the Purchase and Sale Agreement with Addendum, the Cross - Easements. 'tar FUNDING SOURCE: Funds remaining from the sale of the old Mango Tree Station ( #56) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: racey , . Barlow, Acting Chief . evin Grace Dep. ent of Fire/Rescue Services ty Manager , /K L [ ,t<n Nikki Clayton City Attorney rmw 'Y Y _ 1 PARTIES AND DESCRIPTION OF PROPERTY 2 ' 1. SALE AND PURCHASE: EDGEWATER VOT,TTNTFFR FTRF, /RFSCTTE Assoc TATTON , TNr _ ( "Seller ") 3' and CITY OF RIDGFWATER, a P1 nri rla muni ni pal mrnnrpt1 on ( "Buyer ") 4 agree to sell and buy on the terms and conditions specified below the property ( "Property") described as: 5' Address: Northwest intersection of Hibiscus & 27th Street, Edgewater, FL. 6' 3gal Description: 7* Lots 6801, 6802, 6803, 6804 and 6805, Block 221, 8• Florida Shores Unit No. 7, as recorded in Map Book 23, 9 ' Page 131 of the Public Records of Volusia County, Florida. 10* 11' 12. including all improvements and the following additional property: None 13 PRICE AND FINANCING 14- 2. PURCHASE PRICE: $3 7 , 5 0 0 . 0 0 payable by Buyer in U.S. funds as follows: 15' (a) $ 0 Deposit received (checks are subject to clearance) , 19 by 16* for ( "Escrow Agent ") 17 Signature Name of Company 18* (b) $ 0 Additional deposit to be made by , 19 19 ' (c) 0 Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) 20 ' (d) $ 0 Other: 21' (e) $ 37 , 500 . 0 0 - -- Balance to close (not including Buyer's closing costs, prepaid items and prorations). All 22 ytit/ funds ;paid at plosir rnustrbe paid,by locally drawn cashier's check or wired funds. 23 ' ❑ com (fl (complete only ' if purchase p rice will be` determine q `pldoh a per unit cost instead of a fixed price) The unit 24' used to determine the purchase price is ❑ lot 0 acre ❑ sq0:4reldQQ C>I other (specify: 25 ' prorating areas of less than a full unit. The purchase price wii (~ie per unit based on a calculation of 26 total area of the Property as certified to Buyer and Seller by surveyor in accordance with Paragraph 27- 8(c) of this Contract. The following rights of way and other areas wilt be excluded from the calculation: 28' \ 29 ' 3. CASH /FINANCING: (Check as applicable) `6� (a) Buyer will pay, cash for.h Property with no financing contingency. 30' ❑ (b) This Contract is contingent on Buyer qualifying and obtainln tb ' ment s or approval(s) specified below within 31 • days from Effective Date (if left blank then Closing Date or 30 days f p Effective Date, whichever occurs first). Buyer 32 ' will apply for financing within days from Effective Date (5 days if left blank) ( "Application Period ") and will timely provide 33 any and all credit, employment, financial, and other information required by the lender. If Buyer, after using diligence and 34 good faith, cannot obtain the financing, either party may cancel this Contract and Buyer will return to Seller all title evidence 35 and surveys provided by Seller, and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from 36 all interested parties. Buyer will pay all loan expenses, including the lender's title insurance policy. 37' 0 (1) New Financing: Buyer will secure a commitment for new third party financing for $ or 38* % of the purchase price at the prevailing interest rate and loan costs. Buyer will keep Seller and Broker fully 39 informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all 40 such information to Seller and Broker. 41' 0 (2) Seller Financing: Buyer will execute a ❑ first 0 second purchase money note and mortgage to Seller in the 42' 111110 amount of $ , bearing annual interest at % and payable as follows: 43' 44 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow forms generally 45 accepted in the county where the Property is located; will provide for a late payment fee and acceleration at the 46 mortgagee's option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any 47 time(s) with interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous 48 parcels, if applicable; and will require Buyer to keep liability insurance on the Property, with Seller as additional named 49 insured. Buyer authorizes Seller to obtain credit, employment and other necessary information to determine 50 creditworthiness for the financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or 51 not Seller will make the loan. 52 ' ❑ (3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 53' 54* LN# in the approximate amount of $ currently payable at 55' $ per month including principal, interest, 0 taxes and insurance and having a ❑ fixed Cl other 56 ' (describe) 57' interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the mortgage will be 58 adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow 59 ' account dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer exceeds % or the 60" assumption /transfer fee exceeds $ , either party may elect to pay the excess, failing which this 61 agreement will terminate and Buyer's deposit(s) will be returned. 62 limy CLOSING 63 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on or before 64' June 10 , 19 98 , unless extended by other provisions of this Contract. If on Closing Date insurance 65 underwriting is suspended, Buyer may postpone closing up to 5 days. 66• Buyer( ) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 1 of 4 Pages. VAC -3 4/98 01998 Florida Association of REALTORS® All Rights Reserved ® - v. VV■■■IIVU 1 1I V►.L/VI 1►., VVJ 1J. 11 uuC a IOU' a11VC u1JU1vA tJU o$ 1VI UUO L.01CVt.9 cu W11 1.)0tvvtiOi 1 LI UUU U11 IUCI CIIODUVC U Ci tG 68 and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker 69 as per Paragraph 17. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 70 (a) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure title; certified, 71 confirmed and ratified special assessment liens; title evidence (if applicable under Paragraph 8); Other: 72' 73 (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages and recording fees on the deed 74 and financing statements; loan expenses; pending special assessment liens; lender's title policy at the simultaneous 75* issue rate; inspections; survey and sketch; insurance; Other: 76 () Title Evidence and Insurance: Check (1) or (2): � 77 (1) Seller will provide a Paragra h 8(a)(1) owner's title insurance commitment as title evidence. ❑ Seller`�1 Buyer 78* will select the title agent. ❑ Seller Buyer will pay for the owner's title policy, search, examination and related 7 9 charges. Each party will pay its own closing fees. 80 ❑ (2) Seller will provide title evidence as specified in Paragraph 8(a)(2). ❑ Seller ❑ Buyer will pay for the owner's title 81 policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and lien 82 search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees. s3 (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate 84 taxes, interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for 85 the current year cannot be determined, the previous year's rates will be used with adjustment for any exemptions. as (e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may 87 require Seller to provide additional cash at closing if Seller is a "foreign person" as defined by federal law. 88 PROPERTY CONDITION 89 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present as is condition, with conditions 90 resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and 9 grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's 92 condition without the Buyer's prior written consent. 93 (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which 9 flood zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and 95 rebuilding in the event of casualty. 96 (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which 97 affect Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study 98 orrPeriod has expired or if Buyer has checked choice (c)(2) below. 99 (c) Inspections: (check (1) or (2) below) 100• ❑ (1) Feasibility Study: Buyer will, at Buyer's expense and within days from Effective Date ( "Feasibility Study 101• Period "), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for 102• use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental 103 assessment and any other tests, analyses, surveys and investigations ( "Inspections ") that Buyer deems necessary to 104 determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and 105 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other 106 utilities; consistency with local, state and regional growth management plans; availability of permits, government 107 approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability 108 for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate 109 government agencies. Seller will sign all documents Buyer is required to file in connection with development or 110 rezoning approvals. 111 Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility 112 Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and 113 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless 114 from losses, damages, costs, claims and expenses of any nature, including attorneys' fees, expenses and liability 115 incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of 116 any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a 117 construction lien being filed against the Property without Seller's prior written consent. If this transaction does not 118 close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and 119 return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports 120, and other work generated as a result of the Inspections. 121 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's 122 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement 123 will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property 124 is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed 125 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow 126 Agent receives proper authorization from all interested parties. 127' Na (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being 128 satisfied that either public sewerage and water are available to the Property or the Property will be approved for the 129 installation of a well and /or private sewerage disposal system and that existing zoning and other pertinent regulations 130 and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental 131 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. 132 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing, 133 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, 134 or if an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may cancel this Contract 135 by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in 136 accordance with this Contract and receive all payments made by the government authority or insurance company, if any. 137 TITLE 138 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative 139 or guardian deed as appropriate to Seller's status. 140 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in 141k,,accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of 142* which prevent Buyer's intended use of the Property as City Fire Station : covenants, easements and 143 restrictions of record; matters of plat; existing zoning and govemment regulations; oil, gas and mineral rights of record if 144 there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at 145 or before closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of the following types of title evidence, 146• Buyer ( ) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 2 of 4 Pages. VAC -3 4/98 ®1998 Florida Association of RToRs® All Rights Reserved 147 which must be generally accepted in the county where the Property is located (specify in Paragraph 5(c) the selected 148 type): Seller will use option (1) in Palm Beach County and option (2) in Dade County. 149 (1) A title insurance commitment issued by a Florida - licensed title insurer in the amount of the purchase price and 150 subject only to title exceptions set forth in this Contract. 151 (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be 152 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 153 Property recorded in the public records of the county where the Property is located and certified to Effective Date. 154 However if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer 155 as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format 15' acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, 5rrr together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to 158 Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 159 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt 160 of title evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from 161 receipt of Buyer's notice of defects ( "Curative Period ") to cure the defects at Seller's expense. If Seller cures the 162 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on 163 Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to 164 cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from 165 receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. 166 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written 167 notice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, 168 encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such 169 encroachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligations will 170 be determined in accordance with subparagraph (b) above. If any part of the Property lies seaward of the coastal 171 construction control line, Seller will provide Buyer with an affidavit or survey as required by law delineating the line's 172 location on the property, unless Buyer waives this requirement in writing. 173 MISCELLANEOUS 174 9. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the last of the parties initials or 175 signs the latest offer. Time is of the essence for all provisions of this Contract. All time periods expressed as days will 176 be computed in business days (a "business day" is every calendar day except Saturday, Sunday and national legal 177 lidays). If any deadline falls on a Saturday, Sunday or national legal holiday, performance will be due the next business 178''k✓y. All time periods will end at 5:00 p.m. local time (meaning in the county where the Property is located) of the 179 appropriate day. 18o 10. NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's 181 failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies 182 will render that contingency null and void and the Contract will be construed as if the contingency did not exist. 183 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 184 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 185 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, 186 initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper 187 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 188 attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, 189 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 190 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 191 "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, 192 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. 193 DEFAULT AND DISPUTE RESOLUTION 194 13. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, 195 Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without 196 waiving the right to seek damages or to seek specific performance as per Paragraph 16. Seller will also be liable to Broker for 197 full amount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including 19011kwnely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated 199 damages or to seek specific performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits Zoo paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee. 201 14. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims, and other matters in 202 question between the parties arising out of or relating to this Contract or its breach will be settled as follows: 203 (a) Disputes conceming entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from 204 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent 205 will submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the 206 Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 207 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 208 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding 209 arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any 210 remedy not provided for in this Contract. The award will be based on the greater weight of the evidence and wilt 211 state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery, it will 212 be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery - related 213 disputes. Any disputes with a real estate licensee named in Paragraph 17 will be submitted to arbitration only if the 214 licensee's broker consents in writing to become a party to the proceeding. This clause will survive closing. 215 (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by 216 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 217 settlement on the parties. Mediation will be in accordance with the rules of the American Mediation Association or other 218 mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a process in 219 which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision is 2204k binding on the parties. Arbitration will be in accordance with the rules of the American Arbitration Association or other 221 arbitrator agreed on by the parties. Each party to any arbitration will pay its own fees, costs and expenses, including 222 attorneys' fees, and will equally split the arbitrators' fees and administrative fees of arbitration. In a civil action to enforce 223 an arbitration award, the prevailing party to the arbitration shall be entitled to recover from the nonprevailing party 224 reasonable attorneys' fees, costs and expenses. 225' Buyer ( ) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 3 of 4 Pages. VAC -3 4/98 ®1998 Florida Association of REALTORS® All Rights Reserved 226 ESCROW AGENT AND BROKER 227 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in 228 escrow and, subject to clearance, disburse them upon proper authorization and in accordance with the terms of this 229 Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for 230 misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this 231 Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the 232 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 233 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. All claims 234 against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 2"1 PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations 236 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 237 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.) 238 and for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not 239 reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller 240 representations or public records unless Broker indicates personal verification of the representation. Buyer agrees to rely 241 solely on Seller, professional inspectors and govemmental agencies for verification of the Property condition and facts 242 that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable 243 attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with 244 or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller hold 245 harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or damage 246 based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's performance, at 247 Buyer's and /or Seller's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, 248 including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any vendor; 249 and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting and 250 compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this 251 paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 252 17. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Seiler and Buyer 253 acknowledge that the brokerage(s) named below are the procuring cause of this transaction. Instruction to Closing Agent: 254 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate 2F rokerage agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such 2es from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees 257 as indicated below. 258' Not applicable 259 Real Estate Licensee Real Estate Licensee 260' 261' Broker / Brokerage fee: Broker / Brokerage fee: 262 ADDITIONAL TERMS 263 18. ADDITIONAL TERMS: 264 SPP AddPncum of RAMP datp hPrewi th 265' 266' 267* 268* 269* 270' 271 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. 272 OFFER AND ACCEPTANCE 273* (Check if applicable: ❑ Buyer received a written real property disclosure statement from Seller before making this Offer.) 274 Buyer offers to purchase the Property on the above tern and conditions. Unless this Contract is signed by Seller and a 2;0py delivered to Buyer no later than 4: 30 ❑ a.m.`U p.m. on May 7 , 19 98 , this offer will be 276 revoked and Buyer's deposit refunded subject to clearance of funds. 277' Date: Buyer: Tax ID /SSN: 278' Print name: 279' Date: Buyer: Tax ID /SSN: 280' Print name: 281- Phone: Address: 282' Fax: 283' Date: Seller: Tax ID /SSN: 284' Print name: 285' Date: Seller: Tax ID /SSN: 286' Print name: 287' Phone: Address: 288' Fax: 289' ❑ Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a 290' copy of the acceptance to Seller by 5:00 p.m. on , 19 ). ❑ Seller rejects Buyer's offer. 2 A Effective Date: (The date on which the last party signed or initialed acceptance of the final offer.) 292' Buyer ( ) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 4 of 4 Pages. The Florida Association of REuroas and local Board/Association of REALTORS make no representation as to the legal validity or adequacy of any provision of this form In any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a Reo ron. REALToR is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of RExrcas and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means Fxduding facsimile or computerized forms. VAC -3 4/98 ®1998 Florida Association of REALTORS® All Rights Reserved ADDENDUM TO PURCHASE AND SALE CONTRACT BETWEEN THE CITY OF EDGEWATER AND EDGEWATER VOLUNTEER FIRE/RESCUE ASSOCIATION, INC. THIS AGREEMENT, made this day of , 19 by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereinafter referred to as "City "), whose address is 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida 32132 -0100 and EDGEWATER VOLUNTEER FIRE/RESCUE ASSOCIATION, INC., a non -profit organization (hereinafter referred to as "Association "), whose address is P. O. Box 1027, Edgewater, Florida 32132 -1027. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and mutual covenants as set forth herein and other good and valuable consideration, City and Association agree as follows: 1. PURPOSE. The City and Association are working to improve fire/rescue services throughout the City of Edgewater. The Association owns parcels of property located in the 2600 block of Hibiscus Drive, Edgewater, Florida. The City would like to purchase five (5) parcels of property owned by the Association in order to construct a new fire station for the benefit of all City residents. The Association has agreed to sell said parcels of property to the City pursuant to a Purchase and Sale Contract of even date herewith and subject to terms and conditions of this Addendum. The Association will construct a Community Activity Center on the remaining parcels of property (AgreemntiAddendum- City &FireVolunteers) 1 adjacent to the Subject Property on Hibiscus Drive. sow, 2. SUBJECT PROPERTY. The property subject to this Agreement is located within the 2600 block of Hibiscus Drive in the Florida Shores Subdivision, Edgewater, Florida, and is more specifically described as follows: Lots 6801, 6802, 6803, 6804 and 6805, Block 221, Florida Shores Unit No. 7, as recorded in Map Book 23, Page 131 of the Public Records of Volusia County, Florida 3. RESPONSIBILITY OF ASSOCIATION. The Association agrees to do the following: a. Perform its obligations under the Purchase and Sale Contract of even date herewith. b. Bar sole financial responsibility relating to construction and maintenance of the Community Activity Center; c. Grant the City priority relating to usage of the Community Activity Center; d. Enter into Cross - Easement Agreement with the City in particular relating to Lot 6806 authorizing shared access for ingress and egress and granting City the right to use the entire parking area for parking of City vehicles and equipment and use for various training evolutions, hose testing/maintenance and public education demonstrations. e. Amend Article XI - Disband, Section I - Liquidation of the Association By -Laws by the following: (AgreemnAAddendum- City&FireVolunteers) 2 ARTICLE XI - DISBAND Near Section I - LIQUIDATION In the event that the Edgewater Fire and Rescue Association Inc. ceases to exist as a functioning Association in the support of the Edgewater Fire and Rescue Department, all money and any existing assets belonging to the Edgewater Volunteer Fire and Rescue Association Inc. will be liquidated in the following manner. All existing properties with exception of Lots 6801 through 6811, inclusive, Block 221, Florida Shores Unit No. 7 will be auctioned off to the highest bidder at public auction and any money received will be combined with our existing treasury. All money will be evenly divided amongst the following non profit organizations. The property described as Lots 6801 through 6811, inclusive, Block 221, Florida Shores Unit No. 7, and all improvements will be deeded to the City of Edgewater. 4. RESPONSIBILITY OF CITY. '`,► The City agrees to do the following: a. Perform its obligations under the Purchase and Sale Contract of even date herewith. b. Engage the services of Gee and Jenson to design a Master Site Plan for the Fire Station and Association Community Activity Center in accordance with a mutually agreed upon Scope of Services. c. Design, permit and construct a parking lot of approximately 20 spaces on Lot 6806 subject to the Cross - Easement Agreement. d. Assume at closing payment of all impact fees assessed on the City acquired land. 5. PROJECT MANAGER. The Project Manager for the City is Tracey Barlow, Acting Chief of Fire /Rescue Services, who can be reached at (904)424 -2445. The Project Manager for the Association is Carmel Shearer, (AgreemnAAddendum- City&FireVolunteers) 3 who can be reached at (904)409 -3333. The parties each shall direct all matters arising in connection with the performance of this Agreement, other than as specifically set forth herein, to the attention of the other party's Project Manager for attempted resolution or action. The City's Project Manager shall be responsible for interpretation and overall resolution of Association's questions. The Association's Project Manager shall be responsible for overall coordination and oversight relating to the Association's performance of this Agreement. If the City's Project Manager cannot resolve the situation, an Appeal will be forwarded to the City Council whose decision shall be final. 6. FINAL RECORDS. The Association shall allow public access to all documents, papers, letters, or other material made or received by the Association in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 7. HOLD HARMLESS. The Association agrees to forever save and keep harmless and fully indemnify the City, its Officers, employees and agents of and from all liabilities, damages, claims, recoveries, costs and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Agreement except as shall have been occasioned by the sole negligence of the City. 8. ASSIGNMENT. Association shall not assign this Agreement or its obligations hereunder without the prior ``, written consent of the City. (AgreemnAAddendum- City &FireVolunteers) 4 9. ATTORNEY'S FEES AND COSTS. Now In the event the Association defaults in the performance of any of the terms, covenants and conditions of this Agreement, the Association agrees to pay all damages and costs incurred by the City, including reasonable attorney's fees. 10. NOTICES. All notices or other communications required or permitted hereunder 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 copies to: Legal Department City Manager 'o.. City of Edgewater City of Edgewater P. O. Box 100 P. O. Box 100 Edgewater, Florida 32132 -0100 Edgewater, Florida 32132 -0100 (904)424 -2403 (904)424 -2404 Tracey T. Barlow Acting Fire Chief City of Edgewater P. O. Box 100 Edgewater, Florida 32132 -0100 (904)424 -2445 If to Association: Carmel Shearer Edgewater Volunteer Fire/Rescue Association, Inc. P. 0. Box 1027 Edgewater, Florida 32132 -1027 ` (904)409 -3333 (Agreemnt\Addendum- City &FireVolunteers) 5 11. INDULGENCE NOT WAIVER. Nrr , The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 12. AMENDMENTS. This Agreement may only be amended by a written document signed by both parties. 13. BINDING EFFECT. All of the terms and provisions of this Agreement, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and "r permitted assigns. 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. 15. INTERPRETATION; VENUE. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. (AgreemnMddendum- City&FireVolunteers) 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be entered �11r.r into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: *ow" City Clayton City Attorney EDGEWATER VOLUNTEER ATTEST: FIRE/RESCUE ASSOCIATION, INC. By: Secretary Carmel Shearer President Dated: • (Agreemnt\Addendum- City&FireVolunteers) 7 L_:: _ - - Now ' 27' 5- facer 1 1 Q 2.0 e .,.. 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A .9 .1 .--, 4-• f` rt , , .1-• t.) . r 4 1%, e i , 0 • <.,‘ 7....) o.. s.. ' , .''-',,' • "."', • V 3 4 .-- 2.. l a'3 ss...41 , ... .!. .., < ci /b . _ . _ . _ _ _ .-,., .. . . . c ...% 3 ' . 'It i' / /,--...„.. \ ..,.......... 6 I ,.... c .. , Z .0 :1 i , ki i• 4f . '''''' l, 2 1 405 .!.i• cr. .3 4 . N i . ,„... '• - 1,• tS) i r , . - 4 i l ., 11 0 * - 'qz• •%:73/1/11 , 4,?, Pi> \\\\ er t ••- . ) *- o 1 \ , 1 ( .t .-4.0-11',. 7 n 1 .: .. 7' ,.• , ..I ._. 7:. • . ; • Se I ',.•I',.11.•s, .... ' I csi ..,:•,: 4, ,.. 1 - ,. ' ei, ''...• , ) . • . 'V.': :. • 6 l 1 3. AGENDA REQUEST DATE: 04/27/98 OTHER CONSENT BUSINESS xx PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: The Edgewater Volunteer Firefighters' Association would like Council to consider a request for a donation to help offset the cost of the Annual Independence Day Fireworks Display. BACKGROUND: In previous years there was a line item budget for the Fireworks Display. This year there is no money set aside to help defray the cost. This year will also be the 50 year anniversary for the existent of the Edgewater Fire Department. The total cost for this years Fireworks Display is $15,000. The Fire /Rescue Association devotes its time, energy and financial earnings to sponsor this annual event. It provides a time for the Community to come together and celebrate the Holiday as well as promoting good will. It also receives a considerable amount of positive publicity for our growing City. as this event benefits the entire Community the Association would like to request the City Council approve $5,000 to help defray the cost of the Annual Fireworks Display. RECOMMENDATION /CONCLUSION: Recommend Council approve request to help offset the cost of the Annual Fireworks Display. FUNDING SOURCE: Not Budgeted, would require budget amendment of Council Promotional budget. PREVIOUS AGENDA ITEM: YES NO XX Respect illy submitted, Carmel Shearer, President Edgewater Fire /Rescue Association Inc. Concurrence: Kevin Grace, City Manager r, AGENDA REQUEST DATE: May 4,1998 ,.,. OTHER CONSENT BUSINESS NEW PUBLIC HEARING, ORD., RESOLUTION ITEM DESCRIPTION /SUBJECT: Request to purchase 23 sets of Safariland "STX" duty gear from Central Safety Equiptment Co. to replace our current leather duty sets. ITEM $ EACH TOTAL Anso -Tex 2.25 Belt $14.45 $332.35 Inner belt - Velcro 9.57 220.11 STX Radio Case 18.32 421.36 STX MK -3 Mace Holder 13.32 306.36 STX Cuff Case 13.32 306.36 STX Double Magazine case 15.54 357.42 Keepers (92) 1.65 151.80 STX Glove Pouch 8.87 204.01 070SSI I I Retenion Holster Nylon Finish 83.32 1,916.36 TOTAL: $ 183.31 TOTAL: $4,216.13 sire BACKGROUND: Safariland has developed a much lighter and more functional duty gear. We have two officers using this gear for 10 weeks and they both have recommended the replacing of our old leather with this new innovative product. RECOMMENDATION /CONCLUSION: Due to the amount of equipment now required by a patrol officer and the Tight weight of this product - Recommend this be purchased with Law Enforcement Trust Fund moneys FUNDS AVAILIABLE:ACCOUNT NUMBER:: 10000 -15108 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): no Previous Agenda Item: YES NO X Date: Agenda Item No. 1nr pectfully submits ,, r u currence: , WC0 ruiniC 0 . w rence F. Schumaker, Chief of Poe Ke in Grace, City Manager 1 , .,) 1# igie6I'l rl . G i, ofiv ,,,,, AGENDA REQUEST 1/ Date: April 27, 1998 r OTHER PUBLIC I BUSINESS 5/04/98 HEARING CONSENT I ir RESOLUTION ORDINANCE r , 1J\ "0 ITEM DESCRIPTION /SUBJECT: Purchase a 1988 Vactor Truck for the Stormwater �( ir6' Management Department at a cost of $47,000.00 (see attachments). ' (�� C' BACKGROUND: After the completion of the Florida Shores Roadway Improvement Project, the Stormwater Department inherited dozens of catch basins and miles of concrete pipe to maintain without the appropiate equipment to do so. In order to maintain the infrastructure to its original condition it is evident a vactor /rodder unit is required. This piece of equipment is also vital in maintaining aged infrastructure throughout the City. Upon review of various units such as body mounted and trailer mounted, and whether or not the City should lease, rent or buy the unit, it was determined the piece of equipment best suited for our needs is to purchase a mobile body mounted vehicle. sow RECOMMENDATION: After inspecting and actually using the proposed Vactor truck in the field, its condition and usefulness warrants the purchase of the vehicle. FUNDS AVAILABLE: ACCOUNT NUMBER: Stormwater Management Fund (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PRESENTED BY: Kyle W. Fegley, City Engineer /Public Works Director PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfull imitted: Concurrence: Kyle " egle �011111, -vin Grace City , nginee fii.W. Director ity Manager KWF:rsm For Sale Used 1988 Vactor 810C S/N 88-2 -3357 9 cubic yard debris tank 1000 gallon water tank (good condition) Single stage centrifugal compressor Cummins auxiliary engine 4BT (1721.9 hrs.) 60 GPM /2000 psi water pump 8' telescoping boom Front & rear strobe lights 2) tool boxes Mounted on a Ford 18000 3208 Cat 210HP 5- speed with 2 -speed rear axle Bench seat , 1149 , 11Rx20 tires (good condition) Mileage: 59 Color; White Unit in excellent condition Price FOB Green Cove Springs, FL $ 1[4 969 Hall Park Drive Green Cove Springs, FL 32043 Tel: : 904-284-4200 Fax: 904- 284 -3305 Proforma Reference #4 • For Sale mrg f - 103060 Vactor 810 S/N 86-10-3060 '`�' Mounted on an 11-11954 Chassis 210HP 0T466 Mileage: 72,309 5 s peed with 2- speed rear axle 11 :00x20 new front tires 11 :00x20 rear tires good condition (70%) 9 cubic yard debris body Single stage vacuum compressor Auxiliary engine hours: 1793 60 GPM/2000 PSI water pump 1000 gallon water tank capacity Telesscopic boom 20' aluminum pipe & damps ,_ 2) nozzles, 1 -15 ° / 1 -30 Vactor Manual Color: White Unit is in excellent working condition 00 PRICE F.O.B. 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',..,,..". .7„ • . . • . , p• r• i ::::•:.F.:2, .. ,', ,,-„. ' ' ,. , im: t ..., . . , L . „,.: , • 04/21/98 09:35 $1 904 284 33u5 VAC -CON taUU1 VRC J N, t :' r-c -a aa. _ ? <P r : r - s �.. ? r:2F, �F. "8'�.:. - ••> .. te��.1 Jr Y <_- irl ^ !..! - r( E- 'r " -c a a. rJ �.� . rf J"a .N� 969 Hall Park Drive Telephone: (904) 284 -4200 Green Cove Springs, Florida 32043 Fax: (904) 284 -3305 Faxabilily: (904) 284 -0278 April 21, 1998 City of Edgewater 409 Mango Tree Drive Edgewater, FL 32137 -0100 Attn: Gerry Proctor This letter will confirm that Vac -Con, Inc. will provide the City of Edgewater a warranty covering components that shall be free from defects in material and workmanship under normal use and service as determined by Vac -Con for a period of 90 days. We will also provide the City with training and one day of service at our facility in Green Cove Springs, Florida. This service will be to make minor adiustments to the Vactor 810, i.e. loose fittings. water fittings, etc. Naar If I can be of any further assistance, please do not hesitate to contact me. Sincerely, ir Todd Masley Sales Manager TM:jc `fin J ,, <.'ri-) °•` - fi.';:-''''' s \ G FROM PUBLIC WRKS- MARIANNA 9044825851 12 -02 -97 02:54PM TO 19044242467 28 P.2 /2 .`*-u _+ CITY OF MARIANNA r� DEPARTMENT OF PUBLIC WORKS 1 P.O. Box 936 **WO' E FL 32447 E - mail: city®digitalexp.com (904)482 -4129 Fax (904)482 -5851 ic its(//7 ! MEMORANDUM TO: MR. PROCTOR CITY OF EDGEWATER FROM: LARRY E. ROSS, CBO ; .. DIRECTOR OF PUBLIC WORKS 4 r DATE: DECEMBER 2, 199'' SUBJECT: USED JET TRUCK r - I ✓ ` ' Miles - 61,169 Hours on auxiliary engine - 842 £'~ I Fuel - both engines - diesel / J /C Tires - fair to good Wrecked - no ,( Truck Engine - excellent condition /y Auxiliary Engine - excellent condition /rte Equipment - everything works good f /J New Clutch and Rear end Hose Real & Hose - excellent condition Five speed transmission needs to be replaced. We have priced a used one for $1,200.00. rtrr "Pride and service in all we do ....mirrored by our City, to the contentment of our Citizenry." . +9044262055 I NFRASTRUCTURE I MPAC 862 F01 DEC lit ' '� , 1 � : U-4 Infrastructure Impact Inc. Sludge Hauling Pipeline Cleaning Video Inspection Manhole Relining ffice: (904) 426 -2013 r UnduyaOU d r 1 J. Fax: (904) 426 -2055 December 2, 1997 City of Edgewater P.Q. Box 100 Edgewater, Fl. 32132 Attn: Jerry Proctor FAX g 424 -2467 FOR SALE: 1979 FORD 810 Vactor Gas Front/Gas Rear Vacuum Sold as is 515,000.00 Additional information upon request. MC/17) o w I RECEIVED DEC 0 2 1997 • CITY ENGINEER P.O. Box 1716 • New Smyrna Beach, Florida 32170 -1716 3 -23 -1998 10:52AM FROM 714 891 2009 P.2 V ' + fdlF -,+ - ' e: k f7l 'fir fndustrial Vacuum Systems / Valve Operators 3/23/98 Mr. Jerry Proctor City of Edgewater - Public Wks. Fax # 904- 424 -2467 Edgewater, Fi. Dear Jerry, It was good to talk to you today about your interest in our "Power -Vac" systems. Below is a description and price on the PV -500 HO equipped with a larger capacity water jet unit for rodding out small drains and pressure cleaning. Also attached is a fax /photo of the unit dumping which you had asked about_ Pacific -Tek Model PV -500H0 "Power - Vac ", Skid Mounted. This 500 gallon capacity unit is designed to cieanout vaive boxes and catch basins. it is also capable of light excavating and dewatering. The unit is but on a steel skid which houses the 37 HP V- 4 gasoline engine and 800 CFM "Hi- Output" positive displacement blower. An acoustical /baffled silencer is installed to control output noise levels. The engine has electric start, battery, and charging circuit and is equipped with an hour meter and service interval meter. A 6 gallon fuel tank is fitted. The blower output is controlled by an adjustable relief valve with gauge. The 500 gallon domed end holding tank is epoxy coated inside and out as is the skid assembly. The tank is emptied via a hydraulic power dump system.The cieanout door is a six -lug hinged 'zero -leak" hatch. The tank has hose storage racks on the side and a swiveling 6 1/2 ft. hose support boom. The filtration system is remote from the tank for ease of access and cleaning. Filter element is a 3- stage, 10 micron washable element. Unit comes with 25 ft. flexible 4" dia. pick -up hose and tube. The pickup tube is fitted with movable swivel handles. This unit would also be fitted with a water jetting system consisting of: 13 HP gas engine driven water pump capable of 4 GPM output (a 3,300 PSI, a 200 gallon water tank, 100 ft. of jetter hose and jetter nozzle and a pressure wand and trigger assembly. The trailer that all of the above equipment is mounted to is a custom tandem axle unit 5 'tow ft. x 12 ft. bed with "V" tail cutout, diamond plate floor and fenders, 12.000 Ib. capacity, electric brakes and standard highway lighting. Total System Price: $41,900.00 Monthly payment on a 3 year lease/ purchase $ 1,466.50 per mo. Freight and applicable taxes are not included above and must be added. Delivery: 8 Weeks after receipt of order Terms: Net 30 days __, , Pa ciFk T e k TM Industrial Vacuum Systems / Valve Operators err "Power -Vac" lineup... 100 through 500 gallon units (1/2 to 2 1/2 yds.) • • l i v .- - s - �iI �I - * f11 A Model PV -500 DHP with water jet - "Power -Vac" Trailer mounted .4 i �(4/PS , 3 • :. ; } . .. - _ f - .-r . j ,i � / u /i I l . _ 1 1 lip 1 I zy 0 4. -- -154-0 -1 lor.... g _ 15931A Chemical Lane • Huntington Beach, CA 92649 • (714) 898 -6744 • (800) 884 -5551 • Fax (714) 891 -2009 1 — G — , 1 1 : OHI� "1 r r uI�l 14 O I LxJU' P. • • v .,t F ':�. d� ' i � - a91 y yr }°3 .. i s r+�+ s ' -: t 't��o+ iY x tp *.4 :^. i . " .P Y om"" -.'' 9 Y !r te - l 4 YR `� k b � : "rte, q p k !.y 4 " 7• yt r , & '9` '� '+�',ur„11. . y ' t� R• f".� 'r Qr`.. 1 � 1f „.'.r.. '� 3 q i , n `'” ' 'S J n7''Z . C .. Qz , ti . y i+:+aJ J ,vu y S Y r q i 3 t+ •4 + c 44...i. r' 3 "3r,.:T ' at ~ r ` .v a' : j ! : s 4+.* r �, t �' - q y���>•;4i . f � � r�+Yq� ;� r 7 L fi �y� .,n r � f 2 c, r 4 A '� : t • y ky YK h f 7. C' 3 ! 4l 1J ` `-i-:•'.',',7i1.:'2..-•; � 4 � L - <.S • C f f . '�' SC >7 4_. 4vY � '.. r `!' � 1- .: . r � 1 5 t i ► rt �ii'" �m �ekF £ • i [ j y { 1:1 c .3" :" cfi r.t' i 4C � 7 - p t 3, r b - 1f'''j�s �� t +, - 3' z ) � , � r 4 r<' y .. R-` rHt t ^: ;� , r t a s s1 r * .. d ay t a + .,: � . +7.^ ,i:' '�! 3;, :,....: , s v +. '. w"hor�l r> < ts,a '� " M"rF"t, i' �` - 7 '" i ' - 1 # b a JC�F / " •� tt di ,,.. z y ,',�.u; fi a'. r ox c_ [ .. ' . l r s f -;: t i* ""' . ,�{ay ' s p ♦ o �, ,� F 4--''..'1,•-,,-.4.4•''':* t> Y K . y z �abx Rs4 �«ef� ti y , r fr k q ' ' y y. v. �`6 ,,}}�.% .x s 2 r x ; r,� 4 , 4 1,34 a a :" ✓ `v § . . .. ` . r tlz a t ,"Y 0, ` � "�' • , f 3 . s? 7' h ., fr r V '' ;; Z Y�y' 1 . k S ri ? 4: { a 7 e «Y 3 ' ti z ; 4 $ a t� � ' liks x .':'" d • q • , • y . - , ._, • • • y 1. 3Y \ b a ,, } !?, ,, =„;rte 4 5 ; - „ms " s x r +R ■ / s1 • • • -..,� . ik, • • • • • • " � qN.a +q *. G • . •r o n �'' 3 °' .-, .. / WACHS THE WACHS COMPANIES gvr r AOHNE Y d SERVICE SINCE i TO: : Jerry Proctor QUOTATION � CITY OF EDGEWATER DATE: 03/10/98 Po Box 100 OUR QUOTATION NO,: 20311852 Edgewater, FL 32132 PAYMENT TERMS: Net 30 Days FREIGHT TERMS: Ex- Factory VALID THROUGH: 05/09/98 I M QTY PAR= NO. DESCRIPTION PRICE TOTAL 1 67-000-02 Wachs Model ' "- = - --'— Trav -L -Vac 400G Said 21, 000. 00 21 _ _- Mounted Vacuur] System, complete with ,000.00 Dual Overhead C^ 25 HP Gas Engine, O 4 7 c H _ Roots Type Blower Hold i ra Tank, � 1d gallon liquids Nallow H1 �- over Hydraulic Dump Limit Syster :., 3 a 1 Spa _ Filtration System, Flexible Suction Hose Suction Tube, High Liquid Level Shut-Off and Manual. 2 1 57- 401 -01 Wachs Model Trav --, -Vac 400/700 Trailer (5' X 1C- 1/2'), constructed 3,95Q $ 3,950.00 of Structural Steel Channel and Diamond Skid Plat. Tandem 6,000 lb. Axles, with 4 d 1 c es Full Fenders, ege Brakes, _railer Hitch (specify Surge 2 -5 / 1 5 "ball or , and Rennin � pintle hook Running Lights (8,000 lb. GVW). THANK YOU FOR YOUR INTEREST IN THE TLV40 0 VAC TOTAL 24,950.00 N SYSTEM. WE ARE PLEASED TO FORWARD THIS QUOTE, TO f`s ; k1 1 1998 • - - WA CHS THE WACHS COMPANIES • plpe IAC,HINERY AFNICC siNce ...Continued YOU, IF YOU HAVE FURTHER QUESTIONS PLEASE CONTACT '4110, - GS AT 1-800-922-4794. THANKS AGT,IN: Eiy; Dave Schoer Utility Division iftwo ** The E.H. Wachs Comuany now accepts mastercard and. Visa ** 12c sHEPAR v•Prcc •:::c*::)• TEL ;■-: . Z37-32:0 • ,C%_,; 23 • F. (4T 52 :322-:75•3 THE WACHS COMPANIES ��� PIPE' 1ACHINEPY tl. SERVICE E NCE 1 Bd: QUOTATION DATE: 03/10/9 0 Jerr FrED EDGGEr EWATER OUR QUOTATION NO.: D03118S3 CITY x PAYMENT TERMS: Net 30 Days Ed Bw 100 FREIGHT TERMS: Ex- Factory Edgewaterr, 1 FL 32132 VALID THROUGH: 05/09/98 PRICE TOTAL ITM QTY PART NO. DESCRIPTION 67- 000 -11 Wachs Model Trav -- -Vac 700D Skid 29,950.00 $ 29,950. Mounted Vacuum System, complete with 40 HP Diesel ny i._ 728 CFM & 15 HG - J :e Roots Type Blower, v 47 cu/ft solids/350 aallo^ liccuids Holding Tank, electric over Hydraulic Dump Lift System, 3 Stage Filtration ' System, Flexible Suction Hose, Suction Tube, High Liquid Level Shut -Off and Mar. 67- 401 -01 Wachs Model Trav -Vac 400/700 3,950.00 $ 3,950.00 Trailer (E' X 10-1/2'), constructed of Structural Steel Channel and Dia-.ond Skid Pate, complete with Tandem 6,000 Ib- Axles, Full Fenders, 4 Wheel Surge Brakes, Trailer Hitch (specify 2- 5/ 16" ball or pintle hook) and Running Lights (8,000 lb. GVW). TOTAL $ 33,900. % THANK YOU FOR YOUR INTEREST IN THE 7:v700 VAC SYSTEM. WE ARE PLEASED TO FORWARD THIS QUOTE TO Now 5001 323 1E5 �A< (847) 54.1; b5 • :3C21; 222• F 1 :J SrE =4R7 C • :iF EEU \u IC �;� 4:. __ (t'. 1" 5. . , . WACHS COMPANIES %1ACI-uNFRY P. SERVICE SINCE 1813 ...Continued .YOU, IF YOU HAVE FURTHER QUESTIONS PLEASE CONTACT US AT 1.;_-800-922-4794. THANKS AGAIN1 Ey: Dave Scher Utility Division %lar 11 110 , ** The E.H. Wachs Company now accepts Mastercard and Visa ** ''PAF ST • VP-"=1-LNC,, CCQ. E. 5;37•6%3:; • .603: 223-6155 • FAX :647 520-718E • ■200, 322- -- r*: • , WACS THE WACHS COMPANIES uI I NIACHINER" d SEWICC iINCF 1853 QUOTATION ,0: Jerry Proctor DATE: 03/10/98 CITY OF EDGEWATER OUR QUOTATION NO.: D03118S1 Po Box 100 PAYMENT TERMS: Net 30 Days Edgewater, FL 32132 FREIGHT TERMS: Ex- Factory VALID THROUGH: 05/09/98 ITM !QTY PART NO. DESCRIPTION PRICE TOTAL 1 59- 000 -01 Wachs Model T:rav -L-Vac 300 Skid 10,750.00 $ 10,750.00 Mounted Valve and Buffalo Sox_ C, eanout System. Cc"'.t_ete with 2 1/2" x 1' ' flexible suct ion hose with quick disconnects. '0 gallon holding tank with manually activated dump gate and 2" drain Plug. 2" x 6 1/2' wand with handle, Roots Blower with Discharge Silencer. Kohler 20 H. P. gas engine with tech /hour meter. 2 1 59- 401 -01 Wachs Model Trav-L-Vac 300 2" Ball 1,690.00 $ 1,690.00 Trailer Kit. C=8 complete with tongue and 2" ball coupler, swing away jack, trailer lights and harness, fenders, axle and wheels. The trailer package features a load dumping independent suspension for a smooth ride. 14" _adiai tires with Dexter Mod wheels, chrome center caps and lug nuts. TOTAL $ 12,440.00 THANK YOU FOR YOUR INTEREST IN THE TLV300 VAC "CC E'-Ic7H' ST » —IE - NG. '_ . "r,- :2-CC in;X; :AA ;E47; 32C- dC. IE3 f), '2. .. . . l .. F. WACHS THE WACHS COMPANIES • PPt MN :HINER( S:i5RVICt INCC 1863 ...Continued ,,,, SYSTEM. WE ARE PLEASED TO FORWARD THIS QUOTE TO YOU, IF YOU HAVE FURTHER QUESTIONS PLEASE CONTACT US. THANKS AGAIN! Sv: Dave Schoer Utility Division r ** The E.H. Wachs Company now accepts Mastercard and Visa ** — F�F- VI-EE_ ,c. L , 7C:2:33 y- ^6.'4'. • 22: do • =:,X , 52G, • • WACHs T -TRAVPAL-VAC TRANSPORTABLE VACUUM SYSTEMS _ ii. 10 , -,. L . -..,,,.. „. -.. '.-------' '''. ,F.' - 4 '..-:M.. - 47---' , ., ------ - - -3 ,#.i, t piiff ° �.. . i, li s _ 4i,.:4._, , ... „4 , , ........... .., , , , ...., •., --__..i. _________. . _ - i i - : _ ) , p- .,1 'P ' "4 �. (. " . �V r .7)_ ", fir - - .- 0 \ 1,-,... - \ ' 4 i,.... v - - „---•-;.-- - c ` C--.."*. A , .1 7 c ... /4 ( .,I' A , . L /j a I , (7 /^`, ,, . ....„..) a w. o:�: • _ { . - t ... ._ _ + �V Ili rrr. . - _ , -.7 ' ' - -: . :', ' ! f / :,,., J J r __ `., r,,,, i 1 � , � P�y 1 . J Y �E t ......• . . ,, ® 6% �h. VAC TRUCK CAPABILITIES. R � ,',! ` F .. WACHs , (�f���,� vrr��lip; AT A FRA CT /ON OF THE COST Wachs TRAV -L -VACS offer a variety of vacuum sys- r t �.; / °,,� „ tems, choice of capabilities and component combina- . !-7-7- r..,, t‘; ,, ;.1 .;,x,:. tions. Whether valve box, vault and basin clean out, excavation to access service connections, line location or cleanup of industrial spills and debris Wachs TRAV- i{ L -VAC systems can do it! ,. TR A _____ C ,......k.0 . ,......„._ __ . ,„:„.„..„..,.. Designed for valve box cleanout, the TRAV -L -VAC 300 handles solid and liquid debris safely and quickly. -e-- - / ... Available "skid mount” for operation from pick up truck .fit ` e'° , , ` ®—" beds or compact "trailer system" for towing to jobsites. `- ` � "" The TRAV L VAC 300 features strong lifting capa- �-- y r �- / 1 Y4' • bility and the largest capacity holding tank in its " class with a 2" debris inlet. f _ -' ( • Clean out valve boxes particularly stubborn . 1 debris with no problem • Cleanup sludge and industrial spills fast .-.•,,z � 1 q _" - _. .-.•,,z ( ). • Vacuum water @ 100 GPM (5' head) f: ® • Lift solids as heavy as 25 Ibs i �.,.._� ; Built -in conveniences like integrated suction tube and �"'' - hose storage, "bolt-on" trailer package, easy access/ f 5 1 ' easy maintenance filtration system and the economy - ( " im of one man operation, makes the TLV 300 a versatile -- aa[ �e� 4-c and cost effective vacuum system. :44,., t ' • _; • TRAV!LeVAC Ideal for valve box cleanout and excavation, the TRAV - , L -VAC 400 clears solid and liquid debris as well as soil safely and quickly. Available " skid mount" for �� _ . operation from utility vehicle beds or compact "traile '. A system " for towing to jobsites. ; - - F -f. �` The TRAV-L-VAC 400 features powerful 3 ' = ,; Z _ 'w- lifting capability and a large capacity - `° . `ti- µ ` t l %`l ' % f�, . a ; ( ho /ding tank with a 3" debris inlet g jam nos r ':v .w, j " ' • Loosen and remove rocks, clay and sludge N•s...�.i �r. ate. Y ,.. ,' r • to unclog valve boxes and clean vaults �,M • Perform unintrusive excavation for pipe, valve ' \' or cable location A Vacuum water @ 170 GPM (5' head) Lift solids as heavy as 50 Ibs y " v B uilt in conven iences like integrated suction tube � ; - � H storage, easy access /easy maintenance filtration sue-j, r system and a variety of options makes the TLV 400 a -* _.._ `• cost-effective maintenance machine for valve box — , - -- cleanout and excavation. 1 ' ' ,.. ' : ' ' Z;4 : ' 1 Mg if 11! L 1.5 If A N 1 iln; '' 1 7 4 7 : '' ' i''''' : *, ''' ' 7 : : ;,- .. ' . . ' . _ _ , . r Wachs heavy duty solution for fast and safe valve y� Y t�/ r ` '' box cleanout and excavation, the TRAV -L -VAC 700 ` A " *-- "" is available as a "skid mount" for operation from util a f . ' F , ' .. ' ity vehicle beds or a compact "trailer system" for " , ' 1 � t accessable as well as remote jobsit - _ i " mob. ��� - -' • ,= TRAV -L -VAC 700 features heavy duty lifting capa- if b and large capacity holding tank with 4" de- _"' bris inlet. ■ . , s it - .L ; 1RAYlVaC7P4 _ _. "a�ta, I • In seconds, the heavy duty vacuum system t0; will loosen and remove rocks, clay and sludge 4 r=�` r , ^ '� ' to unclog valve boxes -- ""'�:i • Clear large vaults and basins fast P v .-1- "' t° Easily handle unintrusive excavation such.as .* � ' curb box installation and line location �' .�,..�� - �_ Vacuum water @ 350 GPM (5' head) — = ® �` - , / • Lift solids as heavy as 90 lbs. ' , ! ° ' The TRAY L VAC 700 offers the same ' . : 74 � v convenient features as our other models ` ' " � � coupled with its heavy duty vacuum system mak- ,,• ; ing the TLV 700 the high performance choice for ' cleanout and excavation work. r f �., ANSWER SPECIFIC CUSTOMER NEEDS a ' A variety of TRAV -L -VAC systems coupled with spe- 4 r"' r �" i ' ;0 cial components allow our customers maximum � t' ' L - VA C 700 .."'I' t-- '.0 - versatility in addressing their needs and applica- _ _ ,� i -A . tip: Lions. T his includes the availability of a wide range , , _ - i ` • gip i. - of acce ssories. ai J ‘.:,,,... '' • Water jet delivery system y ___ _ Air compressor /Air knife system • Extendable rotating hose booms r j t, —414 •.. � • • Trailer packages ii` ' , • Suction tubes • Lighting systems ,� • Storage compartments �� 1 Valve turning and pipe cutting systems CUSTOM VACUUM SYSTEMS z . _. .- t Wachs engineering will design a vacuum system to ii.,....4„,, � ► • n meet your specific needs. Units can be equipped a_- !;,SAW - . 6, • for auxiliary pneumatic or hydraulic tool operation. • II w y4 Components such as valve turning or pipe cutting „ � ' F ', > machines can be housed in and operated from the r w` , ` I unit. ° ATTRACTIVE LEASE / PURCHASE --z---_ PROGRAMS , ' °r WACHS UTILITY PRODUCT LINE ' , 4Naw 1 _ .., ,r �, 1 SUBMERSIBLE PUMPS POW -R -DRIVE 1I VALVE EXERCISER UTILITY PIPE CUTTER TRAV -L- CUTTER TM -6 AUTOMATED VALVE TURNER Features / Specifications -.'1 ( TLV -300 TLV -400 TLV -700 • Fabricated structural steel base and steel plate • Fabricated base of channeled steel and steel • Fabricated base of channeled steel and steel • with forklift slots plate with lifting eyes plate with lifting eyes Large capacity holding tank with manually • Large capacity holding tank with manually • Large capacity holding tank with manually i activated dump gate and 2" drain plug activated dump gate and ball valve drain activated dump gate and ball valve drain • 3 -stage filtration system • Electric over hydraulic dump lift cylinder • Electric over hydraulic dump lift cylinder • Heavy -duty positive displacement blower with • 3 -stage filtration system • 3 -stage filtration system silencer • Heavy -duty positive displacement blower with • Heavy -duty positive displacement blower with • Vacuum relief valve silencer silencer • Gasoline drive • Vacuum relief valve • Vacuum relief valve • 2 -1/2" (63.5mm) x 10' (3.0m) flexible wire rein- • Gasoline drive • Diesel drive forced rubber suction hose • 3" (76.2mm) x 10' (3.0m) flexible wire reinforced • 4" (101.6mm) x 10' (3.0m) flexible wire reinforced 2" (50.8mm) x 6 -1/2' (2.0m) steel suction tube with rubber suction hose rubber suction hose handles • 3" (76.2mm) x 6 -1/2' (2.0m) steel suction tube • 4" (101.6mm) x 6 -1/2' (2.0m) steel suction tube • Quick disconnect cam lock hose couplings with handles with handles • High liquid level shut off switch • Quick disconnect hose cam locks • Quick disconnect hose • Hour meter & tachometer • High liquid level shut off switch • High liquid level shut off switch OPTIONAL • Fuel gauge • Fuel gauge • Trailer Package • Vacuum gauge • Vacuum gauge • Steel suction tubes: OPTIONAL OPTIONAL • 7/8" x 6 -1/2' 1 -1/4" x 6 -1/2' 1 -1/2" x 6 -1/2' Trailer • Hour Meter Trailer Hour Meter (22.2mm x 2.Om) (31.8mm x 2.Om) (38.1mm x 2.0m) • 12 volt light • Water Jet System • 12 volt light • Water Jet System • Light Package: • Suction Tubes (available in steel or pvc) • Suction Tubes (available in steel or pvc) Flashing yellow caution light 3" x 6 -1/2' 3" x 8' 3" x 10' 4" x 6 -1/2' 4" x 8' 4" x 10' 12 volt accessory outlet (76.2mm x 2.0m) (76.2mm x 2 4m) (76.2mm" x 3.0m) (101.6mm x 2.0m) (101.6mm x 2.4m) (101.6mm' x 3.Om) • Custom machine color TLV -300 TLV -400 TLV -700 Power • 20 HP gasoline engine • 25 HP gasoline engine • 40 HP diesel engine Source • 37 HP gasoline engine • Belt drive, positive displacement rotary lobe • Belt drive positive displacement rotary • Belt drive positive displacement rotary lobe OWer & impeller type with 14" (355.6mm) Hg max lobe impeller type with 14" (355.6mm) Hg impellertypewith15"(381mm)Hg max vacuum vacuum max vacuum • 728 CFM (20.6 CMM) @ 2,500 RPM with 15" Air Flow • 345 CFM (9.77 CMM) @ 3,600 RPM with 14" • 473 CFM (13.3 CMM) @ 3,600 RPM with 14" (381 mm) Hg (355.6mm) Hg (355.6mm)Hg • 14,250 FPM (4,343 MPM) air velocity thru 3" • 15,813 FPM (4,819.8 MPM) air velocity thru • 9,636 FPM (2,937 MPM) air velocity thru 3" (76.2mm) dia. inlet or 8,938 FPM (2,724 2" (50.8mm) diameter inlet (76.2mm) diameter inlet MPM) air velocity thru 4" (101.6mm) dia. inlet • Primary drum filter with 2" (50.8mm) of poly- • Primary drum filter with 2" (50.8mm) of poly- • Primary drum filter with 2" (50.8mm) of poly - 3 Stage • ethylene foam ethylene foam ethylene foam g Secondary filter of fine polyethylene foam • Secondary filter of fine polyethylene foam • Secondary filter of fine polyethylene foam Filtration • Final filter, 10 micron polyester cartridge • Final filter, 10 micron polyester cartridge • Final filter, 10 micron polyester cartridge • All filters are washable with water • All filters are washable with water • All filters are washable with water • 12 cu. ft. (.34 cu. m. ),90 liquid gal.(33.7 L.) • 46 cu. ft. (1.3 cu. m.), 350 liquid gal. (1,356 L.) • 46 cu. ft. (1.3 cu. m. ), 350 liquid gal. (1,356 L.) actual holding capacity actual holding capacity actual holding capacity • 32" (812.8mm) diameter • 42" (1,066mm) dia. x 75" (1,905mm) long • 42" (1,066mm) dia. x 75" (1,905mm) long . Holding • Equipped with vacuum relief valve, high liquid • Equipped with vacuum relief valve, high level • Equipped with vacuum relief valve, high liquid level shut off switch, and hinged dump gate shut off switch, and side hinged dump gate level shut off switch, and side hinged dump gate Tank • 2" (50.8mm) drain plug • 3" (76.2mm) ball drain valve • 3" (76.2mm) ball drain valve • Electric over hydraulic dump lift cylinder • Electric over hydraulic dump lift cylinder Finish Urethane paint, plated fasteners Acrylic Enamel Acrylic Enamel Outside 40" wide x 60" long x 55" high 60" wide x 125" long x 74" high 60" wide x 125" long x 74" high Dimensions 1,016mm W x 1,524mm L x 1,397mm H 1,524mm W x 3,175mm L x 1,879mm H 1,524mm W x 3,175mm L x 1,879mm H shipping • 950 Ibs (430.9 Kg) • 1,850 lbs ( 839.2 Kg) • 2,380 Ibs (1079.5 Kg) ( diesel ) ight • 2,300 Ibs (1043.2 Kg) ( gasoline ) • W AC Hs f - " 1-2 c ,6 MPANIFS • Corporate Headquarters: 100 Shepard St -, Wheeling, Illinois 60090 r it: t:' ' [ r 1. , . orldwide • (800) 323-8185 in the USA • FAX: (847) 520-1147 • (t?O) 922-4755 .0.-- "...,,..---- yr H. AGENDA REQUEST Date: 4/24/98 OTHER PUBLIC CONSENT BUSINESS 5/4/98 HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Resurface Beulah Drive (±300 LFT), Industrial Road, Pelican Lane, and 16th Street using the County bid for asphalt placement. Engineering met with the County low bid contractor and derived a total cost estimate of $47,500 to resurface all four roadways which includes prepatory work, leveling undulations, overlaying with Type I asphalt, and site restoration. BACKGROUND: Upon inspection and evaluation of all the City roadways (see attached roadway inventory, note the roadways are ranked such that the highest number is the worst road), it was evident the four roadways are in need of immediate repair. If not repaired soon the roadways may lose any existing structural value and would have to be re- constructed from the sub -base up, which will escalate restoration costs. The City has allocated a total of $49,933 under the current fiscal year budget for roadway resurfacing projects, therefore ample funds are available to resurface the roadways. RECOMMENDATION: Review the attached information and direct staff to proceed with resurfacing the forementioned roadways at a cost not -to- exceed $47,500.00 FUNDS AVAILABLE: ACCOUNT NUMBER: Unreserved Special Road Resurfacing (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PRESENTED BY: Kyle W. Fegley, City Engineer /Public Works Director PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Respectfully submitted: Concurrence: %ow / / e- -��- -- Kyl- . Fe K in Grace City nginee '.W. Director ity Manager KWF:rsm CITY OF EDGEWATER p� 0 ROADWAY INVENTOR �� APRIL 1998 P6 po ' 0,_ pey ROADWAY NAME �gv R ADW • RATING 3,( `;, 1 n� x-x-� �xx -x . �x��x- xx- x- xxxx�xxx�: � BEULAH DRIVE Y 826 INDUSTRIAL ROAD 81 ` PELICAN LANE 70 k PERDITA STREET 67 i 16TH STREET HIBISCUS DR - MANGO TREE DR 65 ' `�aa/ �(� " WESTERN AVENUE 62 0 22ND STREET WILLOW OAK DR - SILVER PALM DRIVE 61 i JUNIPER DRIVE 16TH ST - 30TH ST 57 tit SEA HAWK COURT 56 SANPIPER COURT 56 WEST OCEAN AVENUE / 55 WEST KNAPP 55 19TH STREET COCO PALM DR - FERN PALM DR ‘ ` 9 54 WETZEL STREET 52 WOODLEY AVENUE 50 VISTA PALM DRIVE 22ND ST - 30TH ST ie 50 NEW YORK STREET / 50 DATE PALM DRIVE 442 - CANAL NORTH 49 SPARROW DRIVE f 47 CARDINAL DRIVE 47 EVERGREEN DRIVE CANAL - 442 (k 70 46 EAST TURGOT STREET 45 DATE PALM DRIVE 442 - 19TH ST 43 ADELE STREET 43 SEA GULL COURT 42 SABAL PALM DRIVE 442- 30TH ST 42 ROYAL PALM DRIVE 30TH ST - 442 42 QUEEN PALM DRIVE 442- 30TH ST 42 MANGO TREE DRIVE 442 - 30TH ST 42 FINCH DRIVE 42 WILLOW OAK DRIVE 442 - 35TH ST 40 WILDWOOD DRIVE 40 LONE PINE DRIVE 40 LAKE AVENUE 40 EAST CONNECTICUT AVENUE 40 CHERRYWOOD LANE 40 *14 wWILDWOOD AVENUE 39 RIVERVIEW DRIVE 39 RIVERSIDE DRIVE 39 MONSON DRIVE 39 TRAVELERS PALM DRIVE 12TH ST - 30TH ST 38 MOCKINGBIRD LANE 38 ROADWAY NAME ROADWAY RATING EGRET COURT 38 12TH STREET FLAGLER AVE - MANGO TREE DR 38 PINE TREE DRIVE 12TH ST - 30TH ST 37 * '"'PARK PLACE 37 ORANGE TREE DRIVE 12TH ST - 30TH ST 37 NEW HAMPSHIRE STREET 37 HARDIN PLACE 37 EDGEWATER DRIVE 37 AZALEA DRIVE TO 19TH ST 37 WEST MARION AVENUE 36 ORANGE TREE DRIVE 12TH ST - 442 35 OLD COUNTY ROAD 35 KINGFISHER LANE 35 EATON ROAD 35 WEST CONNECTICUT AVENUE 34 UNION STREET 34 WEST PINE BLUFF 34 KUMQUAT DRIVE 20TH ST - 442 34 FERN PALM DRIVE 442 - 19TH ST 34 OAK RIDGE AVENUE 33 MAGNOLIA AVENUE 33 *40 . 0 FERNALD STREET 33 COQUINA DRIVE 33 VALENCIA DRIVE 32 SNIDER STREET 32 REGENT STREET 32 PLEASANT AVENUE 32 PELICAN DRIVE 32 PALMETTO STREET 32 NARANGA DRIVE 32 MANGO TREE DRIVE PARK AVE - 16TH ST 32 LINDA STREET 32 LAUGHING GULL LANE 32 INDIA PALM DRIVE 16TH ST - 19TH ST 32 HILL STREET 32 HIGHLAND AVENUE 32 HART AVENUE 32 FLAGLER AVENUE 32 FALCON AVENUE 32 rCLOVERIDGE COURT 32 BRADFORD ROAD 32 BOND STREET 32 BLUE HERON DRIVE 32 BLUE HERON LANE 32 ANN STREET 32 ALICE STREET 32 ROADWAY NAME ROADWAY RATING WILKINSON AVENUE 31 THOMAS STREET 31 ORANGE AVENUE 30 '`'`''NEEDLE PALM DRIVE 16TH ST - 442 30 MARY STREET 30 HOTEL AVENUE 30 HAMILTON STREET 30 COCO PALM DRIVE AZALEA - 442 30 BANYAN TREE DRIVE 19TH ST - 442 30 VILLAGE COURT 29 SHANGRI -LA CIRCLE 29 SANCHEZ AVENUE 29 PARADISE LANE 29 SILVER RIDGE BLVD 28 SILVER CIRCLE 28 PLAZA LANE 28 LEE DRIVE 28 EVERGREEN AVENUE 28 DIXWOOD AVENUE 28 DENSON DRIVE 28 RUTH STREET 27 "'"PINE BREEZE DRIVE 27 EAST OCEAN AVENUE 27 NEPTUNE DRIVE 27 MONROE DRIVE 27 MEADOWLAKE DRIVE 27 EAST MARION AVENUE 27 JOYCE STREET 27 JEANNE STREET 27 ERSKINE DRIVE 27 BANYAN TREE DRIVE 442 - CANAL NORTH 27 EAST PINE BLUFF 25 EAST PALM WAY 25 MERRIMAC STREET 25 LAMONT STREET 25 JOAN STREET 25 FRANCES DRIVE 25 BIGELOW DRIVE 25 PALM BREEZE DRIVE 24 "YELKCA TERRACE 23 EAST KNAPP 23 VIRGINIA STREET 22 PINESEDGE COURT 22 PARKWOOD LANE 22 EAST INDIAN RIVER BLVD 22 EVERGREEN 442 - CANAL NORTH 22 ROADWAY NAME ROADWAY RATING BRYSON STREET 22 BOSTON ROAD 22 RHODE ISLAND 20 "' EAST PARK AVENUE 20 LIVE OAK STREET 20 HUBBELL STREET 20 EDITH STREET 20 RIO VISTA DRIVE 17 36TH STREET 15 35TH STREET 15 28TH STREET GUAVA DR - US #1 15 26TH STREET FERN PALM DR - SILVER PALM DR 15 26TH STREET FERN PALM DR - ALAMANDA DR 15 26TH STREET 15 22ND STREET HIBISCUS DR - WILLOW OAK DR 15 22ND STREET GLENWOOD DR - GUAVA DR 15 20TH STREET COCO PALM DR - GUAVA DR 15 16TH STREET FERN PALM DR - DAYTON ST 15 14TH STREET 15 12TH ST MANGO TREE DR - WILLOW OAK DR 15 YULE TREE DRIVE 15 "''W OODLAND DRIVE 15 WILLOW OAK DRIVE 12TH ST - 442 15 VISTA PALM DRIVE 15 VICTORY PALM DRIVE 15 UNITY TREE DRIVE 15 UMBRELLA TREE DRIVE 15 TRAVELERS PALM DRIVE 30TH ST - 35TH ST 15 TOPSIDE CIRCLE 15 TAMARIND DRIVE 15 STARBOARD AVENUE 15 SILVER PALM DRIVE 15 SEA ANCHOR CIRCLE 15 SCHOONER AVENUE 15 SABAL PALM DRIVE 30TH ST - 35TH ST 15 SABAL PALM DRIVE 12TH ST - 442 15 ROYAL PALM DRIVE 30TH ST - 35TH ST 15 ROYAL PALM DRIVE 12TH ST - 442 15 RICHPORT LANE 15 *400 "QUEEN PALM DRIVE 30TH ST - 35TH ST 15 QUEEN PALM DRIVE 12TH ST - 442 15 PORTSIDE LANE 15 PINE TREE DRIVE 30TH ST - 35TH ST 15 ORANGE TREE DRIVE 30TH ST - 35TH ST 15 NEEDLE PALM DRIVE 442 - 35TH ST 15 NAVIGATORS WAY 15 • ROADWAY NAME ROADWAY RATING MOORING LANE 15 MASTHEAD LANE 15 MANGO TREE DRIVE 15 ` 115. ' MANGO TREE DRIVE 17TH ST - 35TH ST 15 LIME TREE DRIVE 15 KUMQUAT DRIVE 20TH ST - 35TH ST 15 KUMQUAT DRIVE 16TH ST - 442 15 JUNIPER DRIVE 30TH ST - 34TH ST 15 INDIA PALM DRIVE 20TH ST - 35TH ST 15 HOMEPORT TERRACE 15 HIGH STREET 15 HIBISCUS DRIVE 15 HELMSMEN LANE 15 HALYARD CIRCLE 15 GUAVA DRIVE 26TH ST - 28TH ST 15 GLENWOOD DRIVE 27TH ST - 22ND ST 15 FERN PALM DRIVE 442 - 16TH ST 15 FERN PALM DRIVE 19TH ST - 20TH ST 15 FERN PALM DRIVE 28TH ST - 22ND ST 15 EVERGREEN DRIVE 28TH ST - 22ND ST 15 EVERGREEN DRIVE 15 44 '"' DAYTON STREET 15 DATE PALM DRIVE 28TH ST - 22ND ST 15 DATE PALM DRIVE 19TH ST - COCO PALM DR 15 COCO PALM DRIVE AZALEA - END 15 COCO PALM DRIVE 442 - CANAL NORTH 15 CHARTER LANE 15 BANYAN TREE DRIVE 27TH ST (50) - 27TH ST 15 AZALEA DRIVE - COCO PALM DRIVE 15 ALAMANDA DRIVE 28TH ST - 27TH ST 15 'ital.- LOT123V5\ROAD0498 AGENDA REQUEST Date: April 28, 1998 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT BUSINESS X CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Patrick James Girvan owner of the No Name Saloons Lounge -2001 S. Ridgewood Avenue is requesting a special activity permit to hold a charitable Poker Run. The event will be held May 23, 1998, from 7 am -2 pm. BACKGROUND: A special activity of this type requires Council authorization. Mr. Girvan is asking that the $150.00 a day fee to cover administrative cost be waived . A copy of the guidelines and requirements have been provided to the applicant and he is aware that conditions must be met prior to the event. This is the first request from this applicant. RECOMMENDATION /CONCLUSION: Mr. Patrick Girvan will be present at the council meeting to answer any questions the Council may have. Council decision. FINANCIAL IMPACT: Administrative cost of $150.00 a day FUNDS AVAILABLE: Account Number: (Specify if Budget Amendment us Required): PREVIOUS AGENDA ITEM YES NO X Date: Agenda Item Number Respectfully submitted, Concurrence: Susan J. Wa: sworth, CMC, J. Kevin Grace 0..4, 4 0- THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 • o A � tv � SPECIAL ACTIVITY REQUEST CITY COUNCIL APPROVAL WILL BE NEEDED FOR THIS SPECIAL ACTIVITY POKER RUN FUND RAISER- NO NAME SALOON, LOUNGE & PKG. LOCATION 2001 SOUTH RIDGEWOOD AVENUE - SATURDAY MAY 23, 1998 FROM 7AM UNTIL 2PM (ON THE CITY COUNCIL AGENDA MAY 4, 1998 AT 7:00 PM, PLEASE BE PRESENT) THE FOLLOWING CONDITIONS MUST BE MET 1. POSSIBLE FEE OF $150.00 PER DAY AND POSSIBLE DEPOSIT FOR POLICE SERVICES 2. INSURANCE POLICY OR BOND TO PROTECT CITY FROM LIABILITY 3. ADEQUATE PROVISIONS FOR PARKING WILL NEED TO BE SUPPLIED IN ADVANCE TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR STAFF REVIEW. THE OWNER HAS AGREED TO PROVIDE MANPOWER FOR PARKING VEHICLES FOR THE EVENT. ADDITIONAL PARKING WILL BE PROVIDED ON THE NORTHEAST CORNER OF BOSTON ROAD (PERMISSION LETTER FROM PROPERTY OWNER) 4. SANITARY FACILITIES ADEQUATE FOR EXPECTED ATTENDANCE 5. FACILITIES MUST PASS NECESSARY INSPECTIONS FROM THE PLANNING & DEVELOPMENT DEPARTMENT, FIRE & POLICE DEPARTMENT 7. NO SIGNAGE FOR ADVERTISING THE EVENT TO BE PLACED ON HIGHWAY RIGHT -OF -WAYS. 8. NO DRIVEWAYS OR DRIVING LANES TO BE BLOCKED. 9. NO ELECTRICAL CORDS TO BE RUN ACROSS DRIVEWAYS OR DRIVING LANES. 10. NO OPEN FLAMES PERMITTED UNDERNEATH TENTS 11. FIRE EXTINGUISHER MUST BE ON SITE AT ALL TIMES - MINIMUM SIZE 2A4OBC, SHALL BE READILY AVAILABLE ON SITE AND IN SUFFICIENT NUMBER AS DETERMINED BY THE FIRE DEPARTMENT 12. ACCESS ROADWAYS MUST BE KEPT TO A MINIMUM WIDTH OF 20 FEET 13. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS WILL DO INSPECTIONS (CONTACTED BY THE CITY ON 4- 28 -98, ART 1 -800- 375- 6975) 14. NO OVERNIGHT PARKING OR CAMPING 15. COPY OF STATE SPECIAL ACTIVITY PERMIT- ALCOHOLIC BEVERAGES & TOBACCO DIVISION(This permit can be applied for at 771 Fentress Blvd Daytona Beach 274 -3451) . . ,- ir~ H A PP 1 T1 eNiAt.- - PA -K- wc , i2O121-6-cEis- .7 Li ' TT Q ; to-15 /\ --- /1 :-.- lu ■ ? t_ ? -3 i OE VAg-D 4 E Lea , AIM. N. 5T gvx.t- Cy* co' d o, a ° R 0 fi F i cc r e( - Oik.,- 07 i 2 1,9 gg ... 6 ttP7 le2111 1 l\) Poo( _ cll. .srt r. PO _ In • qk, 43c=r271 4 ..1 6 B 0 - !AC t. I 1 11. -+--t--, I 1 , "Filom7' ) ) , &filly WM 4, 1 ! pAA ;,,-) PAGE 2 J CITY O ' EDGEWATLR SPECIAL ACTIVITY APPLICATION Date .,' Bus iness Name /7/o I hit � A -�� �- • � • Business Address o�8 r1 .G Applicant Name�X f y 4.8 L 3af e err- /17'4L1.> Telephone -Home ��? �- hrs -- ,�.� Off ice 7' lc'C 2- —hrs `7 (If the departments are unable to reach you at these numbers, your permit may be delayed.) r Type Activity v i, t fJ � z 9E_A/ � t e /�I Cy L % --S T� pe of �►c y � T- ikddre5 ui Activity (Attach statement from property owners granting p mission fo use of prci7Tay Organization/ Sponsor Cal / , Address c___5 r�2 r� �S ! pate (s) & Time (s) of Event �'0it `14 Description of Proposed Event (pr(7vide s t o Dian or drawing showing layout of actiIty) Equipment to be used: Number of Tent /size(s) Temp.Toilet(a) utre . Temp.Elect _ Temp.strCu s _ za ) Sound equipt. -- _ Band ATcoKiolic beverages (copy or state permit requTLre�) Other SIGNATURE OF APPLTCAN --1,� .a - DATE * * * * ** * * * *> , > * * * * * * * * *** * * * * * * * *+ * ** * ** *** * **h * * * *** * * * *i * * * * ** FOR CITY USE ONLY Police Department-Comments: .( ,)((,, ( 1 APPROVED ✓ DENIED AUTHORIZED SIGNATURE A na..:.•.: .�� C Fire Department - Comments « u. j 4, APPROVED ✓ DENIED AUTHORIZED SIGNATURE _ Cy' ' ( e� 17 Community Development -- Comments: -6/ i F - APPROVED DENIED AUTHORIZED SIGNATURE ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 'Tmv rnminiLt APPROVED DENIED 1,T AGENDA REQUEST Date: April 22, 1998 shoe PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS CONSENT AGENDA OTHER BUSINESS X ITEM DESCRIPTION /SUBJECT: Request for appointments to the Citizen Code Enforcement Board to fill one vacated office and two expired terms. BACKGROUND: Donald A. Schmidt has submitted his resignation from the CEB due to other commitments effective March 17, 1998, as per attached letter. Mr. Schmidt's term was to expire August 18, 2000. K. Anthony Fowler was appointed to the Board May 15, 1995, and is the current Chairman. Mr. Fowler is requesting reappointment, per attached letter. His term will expire May 15, 1998. Frank Roberts was appointed to the Board January 1, 1993, and is currently the Vice Chairman. Mr. Roberts is requesting reappointment, per attached letter. His term will expire May 15, 1998. (The districts of current members are: one from District 1, two from District 2, one from District 3, and two from District 4.) RECOMMENDATION /CONCLUSION: Chairman Fowler, along with the members, is recommending Sonja L. Wiles for Council approval to fill the remaining term of Mr. Schmidt. Reappointments of two members - Council decision. FINANCIAL IMPACT: No Impact FUNDS AVAILABLE: ACCOUNT NUMBER: N/A "' (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): PRESENTED BY: -`�`� , Eliza, eth J. M :ride, Board Coo • inator, Citizen Code Enforcement Board :ejm Attachments c:lceb\agendare\appts.498 DONALD A. SCHMIDT 1723 LIME TREE DRIVE EDGEWAI'ER, FL 32132 March 17, 1998 The Honorable Ma and City Council City of Edgewater P.O. Box 100 Edgewater, FL 32132 - 0100 Dear Honorable Mayor & City Council: I hereby submit my resignation as a member of the Citizen Code Enforcement Board effective immediately. It has been a privilege serving on the Board over the past six years. Due to additional ` ow volunteer work, many hours would conflict with the Board's monthly meeting time. Thank you for affording me an opportunity to make my contribution to the City of Edgewater and its citizens. Sincerely yours, X_N3 Donald A. Schmidt DAS: %r c:\ceb \agendare \scbunidtr.ltr LW PAND G • ES, INC. POST WATER, OFFICE EDG FLORIDA32132 RE 9UED TELEPHONE (904) 428 -4425 APR FAX (904) 428 -8181 A 1978 n® Commu; it} Cti: u,opme 1 t '44w April 21 , 1998 Mayor Allman & City Council of Edgewater 104 N. Riverside Dr. Edgewater, FL 32132 Dear Honorable Mayor & City Council, For the past three years, it has been my pleasure to serve on the Code Enforcement Board, of which two of those years were as Chairman. As of May 15, 1998, my term expires. During my term, I tried to be fair with the alledged violator and put myself in his or her place. I tried to understand the original purpose of the codes and ordinances and based my decisions on what I thought was in the best interest of the whole community, not just my personal opinion. *tow I feel I have represented the city in a credible manner and respectfully request reappointment for another term. Sincerely, "/ ---2 /4 (// K. Anthony Fow er Code Enforcement Board, Chairman KAF /ch CITRUS GIFTS PACKED WITH re/1Qei' ilifeki4 Care FRANK ROBERTS 3011 Queen Palm Drive Edgewater, FL 32141 428 -2068 April 20, 1997 The Honorable Mayor and City Council City of Edgewater P.O. Box 100 Edgewater, FL 32132 -0100 Dear Honorable Mayor & City Council: RE: Request for Reappointment to the Citizen Code Enforcement Board I want to express my appreciation for the opportunity of serving on the Citizen Code Enforcement *'''r' Board. As a member and current Vice Chairman, I feel my participation has been an asset to the Board and to the City of Edgewater. My term will expire on May 15, 1998, and I would like the opportunity to continue serving for another three y ears. Thank you for your time and consideration on this matter. Respec A y s •.•s •, i Aro Frank Roberts FR:ejm err c: \ceb\agendare\roberts.ltr THE CITY OF ED G 4 R POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES r , NAME } J ADDRESS - 't' 7 V PA(/0N_ t)'(1 District (Staff will supply district number) HOME PHONE L i a - r19 $ 3 BUSINESS PHONE a y - / 1 OCCUPATION c' -t, 4U,' ' L/ Ng P /rw AwisaivcA, � eAn t Are you a resident of Edgewater (ft) How long 40/141 Is your principal place of employment in Edgewater? n if yes how long? Briefly state your interest in serving on f a City board, agency or ,L committee: �1'Yl �n1 �1 - on & (L: }'kV Au> ,1 � .. - , IA) ftu i sc a f v a, C �tcam.. efo-Nfrd- ,IkAvp 4-0 la j 02 State your experience /qualifications N l C e Ce -hR d r e1 F ueo jectr5; c):( ne c) a 5S e;+ r FQ.i+u v e Are you a registered voter? I;t o Are you employed by the City ? 0 Do you hold public office? n At the present time, do you serve on any other, oards, ncies or committees? , If so, list each: f +6Y\" c E ( 1(Ji, 0 c,■,6_,0 .c•Lc.) Have you ever served on any, boards,,,, agencies, or co, mittees? If so, list each: C OC Ems. kJ ('S 0 p( Q l - __ j -flq A C , J e ii <CAN) Qetn( .. Ic(3c1 low (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 ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD r BEAUTIFICATION & TREE COMMITTEE _LIBRARY BOARD V CITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTERS PENSION BOARD ` VETERANS PARK ADV. COMMITTEE SIGNATURE G/►A_ ( /� 01a DATE: � -- 11 _ 1 1`. ** SEE REVERSE - • '•R LISTING OF BOARDS, AGENCIES AND COMMITTEES ** (REV 10- 30 -97) CITY OF EDGEWATER I APPLICATION FOR APPOINTMENT TO CITY BOARD OR AGENCY �- ' }-- Name „r I p r A/7 /-/F/2‘• / Address 7 /, im A a1 /c�' Tye i0 l' 'DI 54 i" (c4 L J C so phone 41 94 Y yc 7 /73 Occupation CO- 00y) P/ /4./6 cal 4/09 /g',e `ly- y , 1 7 ` aylel `'be-�' ' / / Business /11/71-Cc cv e 7 o,, s( cv(T Are you a resident of the City of Edgewater? yt" How long have you lived in Edgewater? 5— Is your principal place of employment in Edgewater? )5 If so, how long? �(iPS Briefly state your interest in serving on a City Board and list previous experience: /rnc /SC 9/7P,' 5 i5 /c, P/c/ C % / 5( yl J f )/ f'd/' 77/,J tent) (Jc, /`C ec ,2 y/s F.ev /rr 4I / /7 .e- 3 y.P S c . /I �� d p29 / l' / cJ, / �Pt°.S� „S /`' /� y y 77”) I e ri , _:2: c e,c/ clo _1 Are you a registered voter? Al Do you hold a public office? ti, Are you employed by the City? N € At the present time, do you serve on any other Boards or Agencies? -4 If so, list each: PLEASE INDICATE BOARDS OR AGENCIES YOU WOULD LIKE TO SERVE ON All Board Members MUST file financial disclosure each year Building Trades Regulatory & Appeals Board / Library Board Citizen Code Enforcement Board At Merit Board +011.eneral Employees Pension Board Parks & Recreation Board Industrial Development Board Police Pension Board Land Development & Regulatory Agency , , (PLEASE INDICATE ALL BOARDS INTERESTED IN, AND RANK THEM ACCORDING TO CHOICE BY NUMBER) Signature: Date: * *See reverse side for listing of Boards and Agencies 9N <C4 1- a1 I 1 le It /°( // 7 -4 1„21,) �� �i ° wAT f ! / / � T CITY OF EDGEWATER 446. , 104 N. RIVERSIDE DRIVE * � • * f ` � f1,\ f SCE . P.O. Box 100 - Edgewater, Florida .32132-0100 s , (904) 428.324 . SunCom 371.7005 it6e4 APPLICATION FOR APPOINTMENT TO CITY 3�a l ct ��9 o 4 BOARDS, AGENCIES OR COMMITTEES I, Are S.4 �� \h3trc5A -C Nr.• NAME � / 7. S i g ti 6-Ncj q/94 ADDRESS 3 ?2 4/& 7RE DPI L'C' 'DtS 1 UI I HOME . PHONE 4/ 2 6 — 00 Ff 7 BUSINESS PHONE OCCUPATION Tl9(2J?AF`1121/AAi Plut,AdZ/t C 144- Z60g/cc - OS - 1/04 67r, Are you a resident of Edgewater V S How long I y 6 Is your principal place of employment in Edgewater? //o if yes how long? Briefly state your interest in serving on a City board, agency or committee: 14,r/07 /2C Te o7EV7/si c OF Ou CDmmUU y itf�`vn To s4/re 504,A47 covv.1, c. lr•/zv T Tim GUF"- / /A' O/ ,4 L rd 7/ 2,64/1" /tti.n 7O 'taw / 'ww /he / s,F•fe If= ,S o0et %EJE 6 iv4/ie-OA) m6A J i #7% cO ve . e/ A,Eo, Are you a registered voter? 1 Do you hold public office? — i ° ._ Are you employed by the City? /iv At the present time, do you serve on any other Boards, Agencies, or committees? f'o If so,'list each: Have you ever served on any boards, agencies, or committees? /Po If so, list each: • • Stow (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE 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. / X BUILDING TRADES REGULATORY & APPEALS BOARD • CITIZENS COUNCIL ADV. COMM. PLEASE CLUD INE RESUME -- V ^ CITIZEN CODE ENFORCEMENT BOARD FIRE PENSION BOARD _GEDERAL EMPLOYEES PENSION INDUSTRIAL DEVELOPMENT . X LAUD DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC OMMITTEE '`r SIGNATURE t .11L DATE: , 2 L-/ /95'2.- ** SEE REVERSE SIDE FOR LISTING or BOARDS, AGENCIES AND COMMITTEES ** 05- 16- 96P12:40 RCVD APPLICATION FOR APPOINTMENT TO CITY *New BOARDS, AGENCIES OR COMMITTEES L NAME 4'i yg / l L ADDRESS 2g/S" ge /64.) Via, �c /2,, � , 674,, uAq er HOME PHONE y2 II' L/ , 0 7 BUSINESS PHONE FOO- 9, /- ';/ 4 / f OCCUPATION arJ. I MC7"4r S / rPr 4 4 P - / L' yrS Are you a resident of Edgewater Ohs How long 3-V1 Is your principal place of employment in Edgewater? /J/ if yes how long? Briefly state your interest in serving on a City board, agency or committee: '-o f] •C� ��� c� /a a'�a %e CO »l.c / /ea Sa.•t.1 S� �e c el r yr egg l'u Q , / s per- act.,s' ." • Lif ',r / C, ! z e n c �- eAr /a/ ty l Are you a registered voter? A �Do you hold public office? Are you employed by the City? /UD At the present ti �e, do you serve on any other Boards, Agencies, or committees? w If so, list each: Have you ever served on any boards, agencies, or committees? SS If so, : list each: 4 , - o ward ace acie L+e d4e t) ,rx:r • (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 i;. WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER BEAUTIFICATION & TREE COMM. CONSTRUCTION REGULATION BOARD '' "• CITIZENS'CODE`ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION 7 3 ECONOMIC DEVELOPMENT 2 LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD . POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC , CO ITTEE S r n 5r SIGNATURE lam- DATE * * SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** i , 1 THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES Nollaw NAME _12 Z4 0 R -" A/ I ADDRESS ) l 0 g Et . 5 p/9. District (-■ p (Staff will supply district number) HOME PHONE o � ! Q 02 e BUSINESS PHONE OCCUPAT ION 't t = ! f R L) Are you a resident of Edgewater How long 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: WaS %AC- Cad C b0/i/2 r 7Cp M ri y yE R5 wau)J �� <� x.11 ©7h ,z A) oUv' C.tly , Nome State your experience /qualifications LJ►4 S CC) c Q. D/� �Zd� (�tE s j €it� oT S �v� � /�v� �2�( ✓`¢ eS C �1 ll �J c ,,„1 / d c Aci(C5 L V61 w►0 vK- f ro►^ oee0.Vk V< /VW/WI X4 Are you a registered voter? 7 ,5 Are you employed by the City ? /U 0 Do you hold public office? A) At the present time, do you serve on any other Boards, Agencies, or committees? 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 ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD / CITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTER PENSION BOARDD VETERANS PARK ADV. 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' 4 .,..„ ;0 ,,,,..„,...- :.,o,8, AGENC AND COMMITTE .y*._.- ...y • '''''.:h-_, 4,•- . . • --`, .•••.', ' " '-:--- ' • LI swING ,, •,', • t. -', - '.' '-'', SEE 1t .. ,- ,,,,,,:.., 0,:- --: .' `. -7,•,:1:,:,;:- .` -- :•.-•. ' ; - -- , . . -?:', '; - -':-.•''--, PA, ; :% .' 1 ' . ,;;;'.;01; 0 ,, , , , : ' - --, ' - --- ' '": ."•,.,..••!:, ..1 ••,.':-..:., - ..il`$,.:•,y4X.,,, ... •• ,'. , ., - ,.,.,, 44 1 ..:•,,, , , ; '-',''''.--',.• ,'-•',....1.-.4'‘i3k,f:;•; .. '., ,., - ,- -t ,', 1,;,-- 0 ..,,, ,, 4,4'4. , A' ''' 4, -'' • ' • , , % - , ,- •,--, r t4,, l'i '. ,-'', 4,0 ' ' ' ' i., • '... ,; ......„ - . . THE CITY OF EDGEWATER POST OFFICE BOX 100 — EDGEWATER, FLORIDA 32132 -0100 — 1'7 -7 IA- APPLICATION FOR APPOINTMENT TO CITY Ntor BOARDS, AGENCIES OR COMMITTEES NAME JO•fW/ W ) g M 4 1v ( ) C:_) tc ADDRESS l F2) Co C�7 P4 L A1 ti f�, i C) �, ��� S cfr HOME PHONE tfZ ( 1 G J ( BUSINESS PHONE OCCUPATION � 'E-T j 1 l Are you a resident of Edgewater ? . How long ?i t =' 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: C-1 V I t - 1 T Y 1 ,1 ] E z E s' i I id i - Lti 1,0 e)-f Are you a registered voter? y Do you hold public office? Alf) Are you employed by the City? / 0 At the present time, do you serve on any other Boards, Agencies, or committees? fit 0 If so, list each: .4 4.MJE BP,.rI L1 A- I3 D, t) 4 17 U,(111 1- 2i= cE &) . i /- IJ' Have you ever served on any boards, agencies, or committees? f.' If so, list each: )tJ b! Now (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. CONSTRUCTION REGULATION e /CITIZENS e CODE ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION O ECONOMIC DEVELOPMENT c:3 LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC COMMITTEE SIGNATURE /e)A DATE: = 1 . ** SEE REVERS SID R LISTING OF BOARDS, AGENCIES AND COMMITTEES ** -1-0.97A 1.Q, :. 3 •5 -'fiC•Vg'''''-''`‘;`''4'ir''''-`-'-' ,,S4:::'..'''2" .i: ,,, ,,,--,, : . -,:- t ,-,, N. - • ,,-,.. ,- - - -- . - , ..,,-, . A , 1jii.,v , ... - .•";";',. - ,., '4 - ,•,,' 15atit,.- , '7' :',,:i1. '„''' , ,' 2,. ' - ... - ..:..,..., . • . EDGE •-...,'P: 4 . .fi - f"..:? . .....A.'': . '"' - .'"'"':,;0;'; , ""i.igiT .' :i ' ':-. a .:: OFWA.TER V,4;;;24'ff.". ',', • , : !: ' 'g'-,-;,.','. , ..10104, , se , g 7 ■.;F:' ' ••! ' ''',!' -' ' ' ' ' '''' POST 'OFFICE 130-2:00;EDGEWATER, FLORIDA 32132-0100 : ‘-- ' !f 1l'i ''" -." '-' ''' ' ' ' '. --:;• '' : ' '-'' ' ' APPLICATION ;...:. FOR ' APPOINTMENT TO CITY •, - •-:.:•• • -- • ...- 7 -'1 - '' ', r '' ' ' ' —7 ''''''' '''''';'17, ''. - ::"-: ' ' ' ' • ' ' .. 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EACH ' YEAR) .;---, ,'• - ' • , - •'-q .';, • •,,••• :••"• f;'1'.,,li' ,- V. `' -,,f,,i,?;,q-. ;-,, , -.---,$• - '.„1 , r ?)- .... , . • 3 4. • .: ‘. ,,Y., .,49.., , 41411) ..§,, AGENCIES OR COMMITTEES -YOU "‘0& C , ,.. ,wocryp y ., 1 • . .. 2 Egvx •.N., • • . - ,„.BANK..:-T ., # CHO )314. ACCORDING . TO , . I E BY NUMBER. ., '..',' ..',''• ,r;, - . - ' •• :',. , , :`-. 1 ' . : ' - . .-: . "F.':',.:i. . 1":"' ...7 CON- TRUCT IOW REGULATION . -., -,--',', 'i AN W.,...,' . . • ;9 d..k :c) .P -. ::,,,,71-, „. -3....1ei. --,, ,) ..-.. . , .--,-..;--_,--, -,-- , '-„., 9*.'..k •.- • ; BOARD', - ' ' -,. .r:•;- '-:',.;-‘...'",:i#:::.;',. ., . , 4;.• ' , ' -- '='..7.;7 4 .0 *- '-4 , ,,..,v ,- . •.t. ".„,-, "'•S ''''). . At. ," %, ..,..1 i',- -,..,;.--.,, .-.- :,- --, • - .„,,-. ,T;- .7 '-z74'-', '.',• - ' 4 ;4',.‘ -:: : ' ',•• ;": ,, •, 'r• ';',.::',','," ''=-'") ' : : '? .' 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",rt a .i , t H, 1 { 7� a c rwt x � 1 0.-., l r'a m r.. �'`�v' i �iV' ? a , ' r 4 t �' . 9 ,11 '. st aM q ' 1'; 1:',i,:."';',': r : Ei ARD�AGE CY•` " N C O 1`` i k+ EE MAY BE ' TO FILE WITH ' THE S T A T E ` F NATO ' IZSCLO FORMS EACH ',YEAR.) i;' r a m r p N d £ i 4o-11 1.. y II s 4 fl 1i, 1 t:n'' Rqu;..; i CJs r ,G i 1} !,{Z li tT >, ,y ti �i a ia 4y a < t ' ' . PLEASE- INDICI�TE BOARD AGENCIES OR ' &NI TTEE3 YOU 3' y"r"i° °' t' "" l .: WOULD + LIKE TO SERVE I ON ANDS RANK THEM ACCORDIN TO CHOICE BY NUMBER 1:.'.';... � 3 4 y e ` '; , ,,-ti i , , ,` Ail. } G F.. yt, 1 t $ r ° l i yr , u y iT '4 ++ v y { L:-.1,,,I, ANI ► C•NTROL I OAR� 1 ' w '','4'4",4 Y ' CONSTRUCTION REGULATION ��� f i t7. cl r ,.E 1' 1 �:_' i'il . ti N.4,,4` . %,,t` Ii s. , .',•, BOARD ,., r .i C. ENS: CODE ENEO CEMENT'w r 'f 4 '' '., I� i � * 1 S 7' f : +' l$j,� > i jyys ,fir F `, �,ti 'I.!. i) - t ' ; l r #, n u:+ t y r t' ''' IRE ENS ION; BOARD ffi � , .0.t. , l ,,i i' GENE tAL �,NIPLOYEES PENSION y, .� r '*,_'_...1 f ,, r .. .� l.d "?�{ t � 3 (� ,i ll r' 1 5 ` , ` r , COMICI DEVELOPMENT,' 1 ;�' ,*,,44,,,k; f g LAND DEVELOPMENT & REG. AGENCY DEVEL 4 1 f . �t& o.' 1 iS Ii 1 ?.1 1 i, . iJ.,4 4 � , ., F tl ',11.:4,1' ' . '� :,. .tlii E• :45,1.;t4'.'. "' ' LIB Y,TBbARD , YY N. f 1 ,,� s , POLICE PENSION BOARD , r i t t ,., , 1 '' 4 4 t if , , ,ir } 4f� f � 1 1 q 4 T'A ; ', „' `�� •ARKS D . FtECREATION:,BOARD, ,;' r71 VETS 2ANS PARK ADV. COMMITTEE ,iii i • I , +1T ht,' , ' K. f'F �. p , —, ' ✓'.�'Y +'t F e ' f k.' $ , „,,,i. ` , : ;ieF, ra NI ..Ab COMMITTE ,' �� S i's , f t , ! „I Y '. ,,4 „ � ,, `. i K. ■ t �, r • ta 1 ,t ,� i{ ,t �1 ,, . G �ATUR ” " 'irk' �.! � � +} DACE : r0 1. � ¢ / {1 9 IrL, , ` .11t, t Ut 's iy i Cx }ht$41r ' , , 4-4 1 frrt `1 ' { 7 ,1 i n3 e .. 1 1 F 1 hM �r +', l r c * b 4 ' 1' ` •i;t i 1 4 r S EE *4 RE V ERSE SIDE FOR�LI Gf OF BOARDS, AGENCIES AND COMMITTEES ** 1 4 Nil. , 1.. , .".4 ,,' ,r ,3 t�e 1 t I3 i , h t 1 Ift w a 1I ! I f 1 r, 1 w o t 1 ' ,, tx r' Y y e �i fp'� , � � � J I � I ��h , ��� y r H i " �'�� 1� i1 ' , �, t � } i " 1 . , ' 1. $V1 + 'f i r � ' r {L Y ai . ,�, 11,A.' i ` lll .,. { •i . 1 ,r' t al t i 2 ...i �( 1 f ,Y , 1 : t to . ' ,% , ,7 a 1 ,4 4 j t : t , ;1 1. t . �'Y d � . t . l ,, t � ,� i ' <at?Ct {F � , ! I , a t'i lqy � i) ai;l� n 1�1 ' " '. o f' � ' ' 1 90 9 7 AGENDA REQUEST Noir DATE: 04/24/98 OTHER CONSENT BUSINESS XX PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: One vacancy on the Edgewater Firefighters' Pension Board. BACKGROUND: The Edgewater Firefighters' Pension Board is composed of 5 members: two by vote from the membership, two appointed by City Council, and a fifth member appointed by the other four members of the ',,. Board itself. On April 21, 1998 the Pension Board met and reviewed current applications on file to fill the City appointed vacancy created by the resignation of Fred Munoz. After reviewing the applications, the Board recommends Council appoint Laura Riley to the Edgewater Firefighters' Pension Board as their appointee. RECOMMENDATION /CONCLUSION: Recommend appointment of Laura Riley for a two year term to the Edgewater Firefighters' Pension Board. PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. Respectfully submitted, Patricia Richards, Acting Chairman Edgewater Firefighters' Pension Board lm Edgewater Firefighters' Pension Fund Regular Meeting Tuesday, April 21, 1998 6:30 p.m. _ _ _ Call to Order: The Regular Meeting of the Firefighters' Pension Board was called to order Tuesday, April 21, 1998 by Acting Chairman Patricia Richards at 6:30 p.m. in the Fire Department Training Room. Members present were: Acting Chairman Patricia Richards, Mr. Fred Munoz, Mr. Gary Butt, Mr. Jim Jollie, and Ms. Jill Landreville. Also present was Lisa R. Miller, Recording Secretary. Acting Chairman Richards welcomed Mr. Jollie as the new member to the Board. Minutes: The Minutes from the February 18, 1998, Regular Meeting were submitted for approval. Ms. Landreville moved to approve the minutes as submitted. Mr. Butt seconded. Motion CARRIED 5 to 0. Investment Report: The representative from STI was unable to attend. It was noted Tim Nash would be the representative assigned to the Board's account. There was discussion regarding the change over from Smith Barney to STI Capital Management and it was almost complete. It was noted Smith Barney did not follow the instructions given to them by the Board and there was discussion regarding what Smith Barney's fiduciary meant ssome of the money as nresult. y e would not have been inv for approximately three weeks. that met ome the Old Business: There was discussion regarding ordinance changes that were required by the State Division of Retirement that addressed ADA requirements. It was noted the City Attorney's office had some questions and clarification. Was discussionregarding been that office to and Attorney Sugarman for clarification. There its acceptance by the State. Mr. Munoz was thanked for preparing the report. New Business: There was discussion regarding the resignation of Mr. Vola and his replacement by Mr. Jollie as the new representative of the membership. There was discussion regarding the resignation of Mr. Munoz that would be effective at the end of this meeting. Applications were reviewed for recommendation to City Council for his replacement. Mr. Butt moved to recommend the City Council appoint Laura Riley to the Edgewater Firefighters' Pension Board. Mr. Jollie seconded. Motion CARRIED 5 to 0. There was discussion regarding upcoming pension schools. The Board was given copies of the Summary Plan. There was discussion regarding the existing Summary Plan and they were to review it for the next meeting. There was discussion regarding employees who were not vested and their pension benefits. It was noted if the employee was not vested they had no pension benefits. There was discussion regarding workers' comp and what it would take to change the pension ordinance to cover those employees. It was noted an actuarial study would have to be done to see if this was feasible and more information would be collected from other plans to see if any included this option. There being no more business to come before the Board at this 'err time, Mr. Butt moved to adjourn. Ms. Landreville seconded. Meeting adjourned at 7:05 p.m. Minutes respectfully submitted. Lisa R. Miller Recording Secretary 1 s . 04- 21 98PO4:00 RCVD APPLICATION FOR APPOINTMENT TO CITY • ,. BOARDS, AGENCIES OR COMMITTEES NAME LA/P /4 4 . / L / 0 )/C1± i ADDRESS ,/6 , ER 5 1) �1C HOME PHONE I.tic11 ( BUSINESS PHONE ie? / l OCCUPATION I f.5//1. ) ()L) Are you a resident of Edgewater ) How long 19 yx.5 Is your principal place of employment in Edgewater? ]C -`.3 if yes how long? cI /kS Briefly state your interest in serving on a City board, agency or committee: 7 6//iimr,V/ril - Are you a registered voter? Y Do you hold public office? p�Iv Are you employed by the City? A/C At the present t nc e, do you serve on any other Boards, Ageies, or committees? !v 5 If so, list each: Have you ever served on any boards, agencies, or committees? /v If so, list each: Ilrr (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. CONSTRUCTION REGULATION BOARD CITIZENS CODE ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION ECONOMIC DEVELOPMENT LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE • SENIOR AD OC COMM / T SIGNATUR DATE: d Now ** SEE REVERSE SIDE FOR LISTING OF ARDS, AGENCIES AND COMMITTEES ** 10-03-97P12:4u i‘Lvu 40".•"':/q '.,*.0; /.. fr .....:*1.i.L ; ,, pv.k e ,,:i , 4 ; ,i.),(.'",..*.!... .;!.:•:';:- •••• *.', — :i !r. '':-,;:' • ' .s' . ,..bs 0 . ).,t. p,,.i. ,,,-' •:..771..'..;i1:i.U.....*'.4 .1''.''' 4..,,,V1 ,. '. 'lAt.V3'',./r,, EDGEWATER t ,i ‘;''Aur ? . : 1 i . .Elt, . • . zki.X.Ii'4 / '. ''. • -...1 i • . ' '' '.''Z'PV'' ' ':°: '1 40 - . ' P ''''' ?. ' P OFFICE BOX400-DGE ' EYVATER, FLORIDA 32132-0100 , •,4 .,. •:,k... ,. . ,„.r,... . ...,, ;,..).1.4i4sp,. .)P" .'r,`,ii.: ' -1 's J , , ',.. ,, :'•,C!... • • - , .'. • .:1',.,:',.' ',•.I.1' 1, - . , 4 , , ., ,I t ik'•:-. 1 , ,, ,.., • :. .z,,.... . . ' .• .c . .".v, s.• .....ys.. ' . • ., lif:t*.; i• . '1) ' ' : ....;'. ' APPLICATION •'‘ FOR APPOINTMENT TO CITY •••'...v..t ''' ,. ' ,. .4'k ." , i 4 . .. ;11* . 1 , 1 .,1d.j :,1:- . '. . • ''. ' • ' BOARD'S , AGENCIES OR COMMITTEES ' ' ,t ,, .. g4 • - -.; I t. -. e.,- - , ;11 , ‘; ;,„,-,, . ,...........-- $ . ' --' t • "". , , .f3 i n* kei . 4 ' ' ce'Ve/9/0/71b ci)e.i4, b 0 ,o .i..4r.)+, 'I; ;NAME'. , • .,...1 4 ,441., *In.!, '",' ,04,PitlEsr.. '''''''4 .4' • ' ' ' .1, ;-,. ?,.lifi Is 001. • • s - • -- - L. f •,:. .: • . . / ';;4.-. : . ''' '' ' *11- 1• .i '' '' 4 !AD 'u D . 0 .... ' //9/77/9,1 /021 ...:. • 1 e / •/ <0. i 4;f,',) i•-• TV,* • .• • , ,;: . • ,•, ;t..7.:*:••••••. 14 • 11 .... t HOME. ? P ;r 4' ' HONEWc"Oiol■I'''''' • • BUSINESS PHONE ,.,-.... '.1.?;7,7)4,,f•;, ■1,.. y? :,, .,.1 ,,. pil•,k,.h , • . ;;;,.., v... . • s,., ; ',. .. s • • .„ r OCCUPATION /11/11) - MODq 6 nolo 6 w 10612 ..„ , • • , ..r- , k, i , ,:i. ..4. , ' ,,, 7,..•,' 1, , :,.. i.' '. 4.- 1,...... 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MAY BE REQUIRED TO FILE WITH ,: .,..,.,!',,,. i..., -- , - • *l '''''. 61--V -- ; FINANCIAL SC SURE ,.:::'..: THE :11 ' • - -,‘i - ,k , ;,;- - „', ' , FORMS EACH YEAR) .4j: ii; . :;, ?'..: ,-,i,;-„', i' ' i '41,„4„.'-, , ;,..,, ;' „ `...w '401,,, 1 ivvott4 '''':::' ''' ': ''''''''''' '' '''' '''''''''''''' '9''' ' '''' •'''j''';•g P • • SVIIND/CATV BOARDS, AGENCIES OR COMMITTEES YOU ., , , ,? , . i f i , , ,,, ,..., - .,,,E.e.,t,tki4, •57, . ..• . , ' • •'''-' '•• - ",' •••• . - • ,• . 't `•.:•:'. — ;WOULD, IKE,T0,!SERVE ON ABL 1 4 THEM ACCORDING TO CHOICE BY NUMBER ;; ■Q'i'-‘4?' :, ....'''';.-'"4q..19 -, 4';'`.M. ,?.... ! , rt . ?. . '_' . • • ..; ; ltzta • ,.,'..-.. , . • ANi • IC ONTROTO B•AAD , , . '4'''; ' ' CONSTRUCTION'REGULATION ': 14 k•'.:‘,...• . . , , , , ,, i„ ,, ,...!. , 4,4 , ,, - „,,.. , ..,; . s ., :',../.1.:$ , ',4 1 ' . :, :, •:r,:',,, '0, "P , t 1 ... f 1,;',.1..' ' - , YA. t 1.1 ...,./;:;,.,, . . ,, l''''; '':'':' '''l . X, 'Z ENS ''. CODE,i ENfORCEMENT t'l 0 . - , •.,-. , .• . ,s. x... '''''`', i '.. ;'•:qi t . ' ' ''' ''''' i* . :-.$ '' : 4. I'W;i'. ....Y.. e..4 4; 'f ' AV '‘ Mill't tAf ' • ". e.... 4 .r.,' . 1 , ".vq,. ; :.": - '' . 1 : . '-t , ■& ', !' • - t : 16 BOARD ?A it ..0A0 - , :,.A . .. GENERAL EMPLOYEES PENSION , ri'''' - ": - - -1 ' ''''' . ''',....A.7.'410 • 1 -.. ,4,.,; !,,,,t ,,,., t•••••••.' ' :...'-';''''. 4 . '''' '' 4 e' 1. ' '. $ ' '' * ''0 . .;$' l'' ' 1 Ve ' Ir' ''.. '‘..'. Z■ .:'-',".;%'' : ':'•:-'..i ,to; ','; "5.:•!9ki,t1' •;',' : ; .t ,q,'Itt ikt.:•; .i.:',. • kijENT . . 4 :' ...P' t i i$.91;'!."0.1V, .; . f & REG '411 ' ;' L' , '.... .. : ,.$ '''', ',L.i:i. j ° A, , 4 1 .. , . , ,. ,. , , . i .' ,' ,', , t,',ij:::.14.' i ' ' ''. ' LAND DEVELOPMENT _. AGENCY frilfr. i':•. iI , • ';,,, : , ,,, ;. . • / ',.....1 , .., , i- , ilatro-; . 0 . 1 '1,1;•• , 4 , J.g, .4 ti 11 ■ t i. ,, , 02./ POLICE .. PENSION BOARD ,:, r • I c,,.....:: , . ...,. , , „1 i f.- J.„, .. ,; .,..: ,. ,, ,•11,1,,,.,,,,. ,,,,,,,7..ei , „ft; . . . ,., . , s . • - ... 41. ''"- '''';': : ' ''' '''' '''''.):4 ', ■ii IP • EATIO B AR M , k'•; , VETERANS PARK ADV. COMMITTEE 4 P.!:* 1"'''''''e`''' '; ..• „ - .,; ,-,, Z..., i , , , ,.. .;.,. 4,,,„-f . .i.•:.:isje ' '''''''''''''''''. ...' ' ' 'i '.'‘L ID ' A" . II I , 11 " .1 0 I II , T.TEE , 413 1 ,, ' , ,,,,.. .• ••:,,,•,„,,,,,....,..,,, . • ,,,, , - ,,, , mitt,, ,,,, t.- •,. - ' . „$.!,........ :" .' • " $! ' ' ' ''.i ', .;,..!■' '' f'.i. ' ..'..T.. '. ..'' ' „1,''' ' 1 ,:l'"4 }1c .: ' ..,.: • , :,•' .... -.„ Lk:its-4* . • ,0122;p7 • • y ...:. 4, .k. . ;1 • si .., ,:, . • . DATE : / 97 .:.,...... . .. , , . . . ... _ _ _, _ :,? ''w. k477. ‘ . --' - - 7. 7 , • - , :i. , It''''0 di* '"' ;',1 ',‘ -,'. ' ' ,1 ■• •• ; . ,ii:if' ci4:' i'::A :i t; l''''"iii+14,'1;c1/"P4ilikt6';'1, :' RE i_ - :SIDE FOR . ISTING':or BOARDS , AGENCIES AND COMMITTEES** ,.-•i.,..°1•'::•',.,1: -.'i ..,„,. , „ , . • (7'''. - •' ';.)-,- c ,,.: ; , fri. (lit';': -. .'''''.'4 , 0 - ': , 1tT; , ', '''.', i';f'f , C 1- ;.i; - ! ", '...' 64'4; . ' , ,, , I al .;, i 14 i ' ,t i ll/ . '. : .. 4' i,,, cal-':•11 •, ,'''..',; 1•",. 71`..;, ,.,,• '' ' , V•,..,..,V;. t., ,,,p i ., t, .•; ;: ,,„,: , 4A,,. ;! i'', it 1 ,,,,.i• 1. al ,,, ftil . . t , :' .., f '. ::' 11.1 'i . ''.' ,: ‘ ,. • , T . ':; - $'• :, i;li s •fi;:;;''''• .•',:4?1'14 •• ..i .: ' ;2 .,', 1.1' i . ii 1 ti. •:,,, 3 " 1 ,';,..4,-.. • .i;,q04q,;' • .,:.:.•;.,,,..,, : ..-, 9'; .,,,. • , • .,..: • .• - • ' '".. • a 10 17 DOR 2 63 - CEDL '�¢ ►r' .'..:.:!:!,;y " THE CITY OF EDGEWATER � , ?" � Eck ,'!1 �" J' 7 s, t , ; } !t ;' ' 0 "`�v '. POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 r r 1• I APPLICATION FOR APPOINTMENT TO CITY , �` BOARDS, AGENCIES OR COMMITTEES C 1 � j / _ % AI `'' ; ,: J ^.. NAME A a . A ...L4 L4 . II + i. _ . 1 ,► , ` ADDRESS - ds_ I cJ'v 4 / .t-'4 2 -N 4 , l U HOME, PHONE ! ' Y - /, �2() BUSINESS PHONE // ..,.., J • v P f ', ;; l � 7.. OCCUPATION ' � . 1 ; ,` ,. Are a resident of Edgewater n. How long y `y` . , ..,r' (1 !.. '� Is your principal place of employment in Edgewater? ."" if yes how long? Briefly state your int on a City board, agency or � ''.::::r,„ '' committee : �, � 4 � ( a� ( G ee/ 0 -7�* e- h . ; , +Y ,`Q If Q � 'ice r,e • ` Y ,• .:: . 4; 44'rve -'.'...!",t;',,V.-E- . Are y o u y a r v Gam/ ..;' ,E z ,.; . • Do you, hold public office? ,4, Are ;youTlem$Yoyedt b .i,th , City? �'1 .e7� . , .., J, ,,' At the; present t do.; you . serve on any other Boards, Agencies, or commia�tes'' • ' -ho— - If so, list each: — , p C z a T}Y � , tt Have. you eve �. s ere " on' '" any boards agencies, or committees? If so, list each 0_.., 4 w "' !flo � ,``' J N'; q a, t! ' } (BOARD, AGENCY AND COMMITTEE_ , MEMBERS MAY BE REQUIRED TO FILE WITH c` 'I THE S TATE, FINANCIAL' DISCLOSURE FORMS EACH YEAR) , ai PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU 4it4 WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER S yr ` J p� ANIMAL CONTROL BOARD J CONSTRUCTION REGULATION i�; BOARD ' ! CITIZENS CODE ENFORCEMENT J '� FIRE :PENSION BOARD l0 GENERAL EMPLOYEES PENSION L r• ' ECONOMIC DEVELOPMENT 3 LAND DEVELOPMENT -& REG. AGENCY LIBRARY BOARD 7 POLICE PENSION BOARD . D PARKS` AND RECREATION BOARD / VETERANS PARK ADV. COMMITTEE ' /j SENIOR AD HOC COMMITTEE SIGNATURE g/er f. CM 4 6 DATE: (. 6 / ?7 `, ;ti�' .rt4 ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** ? :I (i;y } 4 F.S. 1 r 1997 MUNICIPAL FIREFIGHTERS' PENSION TRUST FUNDS Ch. 175 titers, and wh „� .; (2 To qualify as a fire department or volunteer fire member shall serve as trustee for a period of 2 years, nsurance co ,, = apartment or combination thereof under the provi- unless he or she sooner leaves the employment of the ing in this eh .. h Ap this chapter, the department shall own and use municipality or special fire control district as a October 1, 1. ,' •. aratus for the fighting of fires that is in compliance firefighter, whereupon a successor shall be chosen in t been certified` rr� National Fire Protection Association Standards for the same manner as an original appointment. Each considered per;: o )omotive Fire Apparatus. firefighter may succeed himself or herself in office. The I shall be eligible ,.! - , p) The provisions of this chapter shall apply only to board of trustees shall meet at least quarterly each nicipalities organized and established pursuant to year. Each board of trustees shall be a legal entity with, arson why )' 0 laws of the state and to special fire control districts, in addition to other powers and responsibilities con - e 0 of a «,' • and said provisions shall not apply to the unincorpo- tained herein, the power to bring and defend lawsuits of a combination of A rated areas of any county or counties except with every kind, nature, and description. of any municip. taped to special fire control districts that include unin- (2) The trustees shall by a majority vote elect a Nhose duty it is „ porporated areas, nor shall the provisions hereof apply chair and a secretary. The secretary of the board shall p-any governmental entity whose employees partici- keep a complete minute book of the actions, proceed- to protect propel ed by a volunt to in the Florida Retirement System. Special fire con- ings, or hearings of the board. The trustees shall not her as a volunt i that include, or consist exclusively of, unin- receive any compensation as such, but may receive 'd as a volunte, corporated areas of one or more counties may levy and expenses and per diem as provided by law. 3 has other gain impose the tax and participate in the retirement pro- $ 919 9 . 17ch. 63-249; s. 2, ch. 81 -168; s. 3, ch. 86 -41; s. 15, ch. 93 -193; 'raffia leers assistance enabled by this chapter. )1. of a departure. (4) No municipality shall establish more than one 175.071 Powers of board of trustees. — irefighter within tt>e,: retirement plan for public safety officers which is sup- (1) The board of trustees may: ,,.; R ported in whole or in part by the distribution of premium (a) Invest and reinvest the assets of the firefighters' property insurance tax funds as provided by this chapter or chapter 185, pension trust fund in annuity and life insurance con - ropland personal';` tax haII any municipality establish a retirement plan for tracts of life insurance companies in amounts sufficient of say and e a'° •- public safety officers which receives premium tax funds to provide, in whole or in part, the benefits to which all ocial fire control dis• , from both this s s 2 49; s an 65-153; chapter 1 c 85 s -380; s.1, ch.79 -388; f the participants in the firefighters' pension trust fund ch. means a combine 'm t 14, 9 -19 shall be entitled under the provisions of this chapter s both property and and pay the initial and subsequent premiums thereon. iium. 175.051 Actuarial deficits not state obligation.— (b) Invest and reinvest the assets of the firefighters' nthly compensatio Actuarial deficits, if any, arising under this act, shall not pension trust fund in: he case of a satin be the obligation of the state. 1. Time or savings accounts of a national bank, a Hstory. —s. 1, ch. 63 -249. state bank insured by the Federal De erived from actual y Deposit Insurance • p the +metal cash cont 175.061 Board of trustees; members, terms of Corporation, or a savings, building and loan associa- N es, prorated office.— tion insured by the Federal Savings and Loan Insur or (1) In each municipality and in each special fire ance Corporation. " means a special control district there is hereby created a board of trust- 2. Obligations of the United States or obligations established for the ees of the firefighters' pension trust fund, which shall be guaranteee as it pr Cat a interest by the Govern :ecting life, and pro• solely responsible for administering the trust fund. mart of t onds issu s issued b t rated or unincorpo- 4 Bonds stocks Effective October 1, 1986, and thereafter, the board of 3. Bo ed d by the State of Israel. �ination of counties, trustees shall consist 'of ilk. Members, `tWo'of whomti • , , or other evidences of indebted orated and unincor• unless otherwise prohibited by law, shall be legal rest - ness issued or guaranteed by a corporation organized 3mbination of court dents of the municipality or special fire control district, under t he ows of the United States, any state t of nized territory of the United States, or the Disstrict ict of any dependent or vitio stfA'artipbbinted by the goveminbody of the ° Columbia, provided: led in s. 189.403(2) municipalibpor special fire control district, and two of a. The corporation is listed on an one or more of of which are mere whom shall be full -time firefighters, as defined in S. y 175.032 who shall be 'elected by a majority of the the recognized national stock exchanges and holds a >tem pursuant to & firefighters who are members of such plan. The fifth rating in one of the three highest classifications by a ch. 79 -388; s. 1, cn. 81.1* member shall be chosen by a majority of the previous major rating service; and s. 13, ch. 95 -154. 5 percent of its ass bur members as provided for herein, and such per- b. The board s trustees shall not in ets in the common st t oct more than son's name shall be submitted to the governing body of ock or capital "rust Fund creates gate investment in any one issuing company exceed 5 th munic or special f control district. Upon stock of any one issuing company, nor shall the aggre- receipt of the fifth person's name, the governing body special fund to be r>f the municipality or special fire control district shall, as percent of the outstandi capital stock of that com- Trust Fund," exc►1r a ministerial duty, • appoint such person to the board of subp or the aggregate of its investments under this F tees as its fifth member. The fifth member shall subparagraph at cost exceed 30 percent of the assets r, in each municipa iistrict of this star have the same rights as each of the other four mem- of the fund. ;h now has or which bars appointed or elected as herein provided and may This paragraph shall apply to all boards of trustees and - e department eras succeed himself or herself in office. Each resident participants. However, in the event that a municipality nt, or any com bine member shall serve as trustee for a period of 2 years, or special fire control district has a duly enacted pen - c,,� �)cial fire cot: hose sooner replaced by the governing body at sion plan pursuant to, and in compliance with, s. es kriished by law, pleasure he or she shall serve, and may suc- 175.351, and the trustees thereof desire to vary the miler fund. ceed himself or herself as a trustee. Each firefighter investment procedures herein, the trustees of such 1331 • Ch. 175 MUNICIPAL FIREFIGHTERS' PENSION TRUST FUNDS F,g,1. , ( 1997 . 175.091 C rez plan shall request a variance of the investment proce- 175.081 Use of annuity or insurance policies; ' . ,175.091 The firer dures as outlined herein only through a municipal ordi- When the board of trustees purchases annul , nicip tY and Hance, special act of the Legislature, or resolution by insurance contracts to provide all or any part of he be 8,. c reated and the governing body of the special fire control district; efits as provided for by this act, the following principl:. a) B paym where a special act, or a municipality by ordinance shall be observed: rr adopted prior to October 1, 1986, permits a greater (1) Only those firefighters who have been mernbe e 1 85-perce : � imposed e than 30 percent equity investment, such municipality of the firefighters' pension trust fund for 1 year or mots 1 nct upon by shall not be required to comply with the aggregate may participate in the insured plan. ociations, or Now equity investment provisions of this paragraph. Invest- (2) Individual policies shall be purchased on. . ments shall not be made in any stocks, bonds, or other when a group insurance plan is not feasible. ,. pts on pre( o .-Iles cover n securities owned or controlled by a govemment other (3) Each application and policy shall designate th . .rate limits o1 than that of the United States or the several states. firefighters' pension trust fund as owner of the policy al S o (c) Issue drafts upon the firefighters' pension trust (4) Policies shall be written on an annual prem 1�j�isdicttionof tl fund pu to this act and rules and regulations pre- y numbered, be signed basis. con district. scribed by the board of trustees. All such drafts shall be (5) The type of policy shall be one which for the prel hter pen consecutive) fl refig g ned b Y the chair and mium paid provides each individual with the maximum secretary, and state upon their faces the purpose for retirement benefit at his or her earliest statutory normal , ties of a s s chapter but but which the drafts are drawn. The treasurer or depository retirement age. $ e> of each municipality or special fire control district shall (6) Death benefit, if any, should not exceed: collected for retain such drafts when paid, as permanent vouchers ( One hundred times the estimated normal retire- ' etthhin the jurist for disbursements made, and no money shall be other- ment income, based on the assumption that the press gPecial fire a wise drawn from the fund. ent rate of compensation continues without change to ',,. refighters' per (d) Convert into cash any securities of the fund. normal retirement date, or ; - � -=>' ;� der. Remaini� bursements and of the board's acts and proceedings. (e) Keep a complete record of all receipts and dis- (b) Twice the annual rate of compensation as of the 2 pter shall b date of termination of service, or 1 -I fire control least three members of the (2) Any and all acts e b decisions board; however, , no t o trustee by at rustee () g (c) The single-sum value of the accrued deferred ,' insured proper <; shall take part in any action in connection with the trust- retirement income (beginning at normal retirement ;; (b) By the ) at date o he's own participation in the fund, and no unfair dis- date) datf termination of service, whichever is , ; w paiary of each( duly enrolled it crimination shall be shown to any individual firefighter greatest. t participating in the fund. (7) An insurance plan may provide that the assign- ; ' pr special fire ■ tract to separating firefighters (3) The board's action on all claims for retirement ment of insurance contract deducted by tl under this act shall be final, provided, however, that the shall be at least equivalent to the return of the , tract from the c Now with. rules and regulations of the board have been complied tract. An assignment of disc harges the h mun ci- , ._ pens o trust fl w (4) The sole and exclusive administration of, and pality or special fire control district, as appropriate, from ' A firefighter pe the responsibilities for, the proper operation of the all further obligation to the participant under the plan ante of the fec firefighters' pension trust fund and for making effective even though the cash value of such contract may be f her contri cent the provisions of this chapter are vested in the board of Tess than the firefighters' contributions. trustees; however, nothing herein shall empower a (8) Provisions shall be made, either by issuance of rec i175 duc, board of trustees to amend the provisions of a retire- separate policies or otherwise, that the separating de mo pal ment plan without the approval of the municipality or firefighter does not receive cash value and other bene- mo tyr. so P special fire control district. The board of trustees shall fits under the policies assigned to him or her which P keep in convenient form such data as shall be neces- exceed the present value of his or her vested interest leered B i ll sary for an actuarial valuation of the firefighters' pen- under the firefighters' pension trust fund, inclusive of any rule and sion trust fund and for checking the actual experience his or her contribution to the plan; the contributions by anyt rue of the fund. the state shall not be exhausted faster merely because ( By m� (5) At least once every 3 years, the board of trust- the method of funding adopted was through insurance special fire cc ees shall retain an independent consultant profession- companies. cost and the ally qualified to evaluate the performance of profes- (9) The firefighter shall have the right at any time to - co years or o� 40 sional money managers. The independent consultant give the board of trustees written instructions designat- shown sy a c shall make recommendations to the board of trustees ing the primary and contingent beneficiaries to receive such yari c regarding the selection of money managers for the next death benefits or proceeds and the method of settle ' endar year e; investment term. These recommendations shall be ment of the death benefit or proceeds, or requesting a (e) By a considered by the board of trustees at its next regularly change in the beneficiary designation or method of set- donated to tf scheduled meeting. The date, time, place and subject tlement revio a made, subject to the terms of the f of this meeting shall be advertised in a newspaper of policy or policies on his made, her life. Upon receipt of such or(dividendsl general circulation in the municipality or special fire written instructions, the board of trustees shall take , . ( B all control district, as appropriate, at least 10 days prior to necessary steps to effectuate the designation or authorized Ilittaw the date of the hearing. History. —s. 1, ch. 63 -249; s. 1, ch. 65 -365; ss. 22, 35, ch. 69-106; s. 3, ch. H st�ogr of 1, ch. beneficiary a , o a r settlement option 1 s. s2, ch 95.14/ 7 { firefighters' F 81 -168; s. 4, ch. 86 -41; s. 16, ch. 93-193; s. 920, ch. 95-147. 1332