12-01-1997
I ~
.~ oJ
o
Q
Votine Order
Mayor Allman
Councilman Gornto
Councilman Hammond
Councilman Roberts
Councilwoman Lichter
AGENDA
CITY COUNCIL OF EDGEWATER
DECEMBER 1, 1997
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Special meeting and workshop of November 10, 1997
B. Regular meeting of November 17, 1997
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
A. Res. No. 97-R-28 Charter Review Committee
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. Mears Motor Leasing Schedule A (Change of Vehicle) and early-out
addendum, Police Department Task Force Officer
7. OTHER BUSINESS
A. Request of Councilmember at November 17, 1997 meeting to re-
agenda request of Assistant City Manager to be named Acting City
Manager
B. Authorization to advertise for outside legal counsel
C. Proposal by Hartman and Associates, Inc. to provide professional
engineering services - reclaimed water storage pond and supplement
reclaimed water supply at net cost of $36,500 and declaring project
to be impact fee eligible
D. Authorization to extend 8" PVC water line located in east right of way
on Air Park Road south of Park Avenue to proposed hangar project
south at Massey Air Park at developer's expense
E. Purchase of two Y2 ton pickup trucks under State contract for Parks
and Recreation Department at total cost of $28,169.28
(Continued on page 2)
.....
...
o
o
Agenda - City Council of Edgewater
December 1, 1997 - Page two
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 December 15,1997, agenda must be received by
the City Manager's office no later than 4:30 p.m. Monday, December 8, 1997.
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 verbatiin 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.
5 A.
RESOLUTION NO. 97-R-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, CREATING A CHARTER
Nom REVIEW COMMITTEE, PROVIDING FOR THE PURPOSE
AND DUTIES OF SAID BOARD; APPOINT MEMBERSHIP
AND DEFINE THE ROLE OF CITY STAFF WITH
RELATION TO THE COMMITTEE; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council is desirous to create a Charter Review Committee that will
work with the City Council, City Manager, City Attorney and Staff, in an effort to review the
existing Charter and submit possible modifications and/or improvements relating to an improved
government to the electors of the City of Edgewater;
WHEREAS, the City Council recognizes the importance of citizen/resident input in the
process of charter revision and has encouraged same by electing to utilize citizens /residents
delegated by each Council member in an effort unify the participation of all residents /citizens
relating the possible amendments and/or modifications of the Charter and the Charter Review
Committee; and
WHEREAS, the City Council wishes to complete the review of the Charter with suggested
modifications and revisions within a six (6) month period.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. The City Council hereby establishes a Charter Review Committee, for the
express purpose of reviewing, studying and analyzing the Charter of the City of Edgewater, to
determine if changes, amendments or revisions are necessary and to report same to the City Council
and residents /citizens of the City.
Section 2. The Committee shall consist of five (5) members who are residents /citizens
of the City of Edgewater and who shall be appointed by Council in the following manner:
Mayor =
District 1 =
District 2 =
District 3 =
District 4 =
97 -R -28 1
Upon acceptance and taking of oath of office, each member shall be entitled to the duties and
responsibilities of the position. Only such persons who are registered voters /electors within the City
,. of Edgewater on the effective date of this resolution shall be entitled to membership of this
Committee.
Section 3. The Mayor and members of the City Council shall serve in an ex officio
capacity with the City Manager and City Attorney serving in an advisory capacity to the Committee.
In addition, the Committee may summon such other employee of the City to assist them in
completion of their tasks.
Section 4. The Committee shall meet at such regular times as they may agree, or at the
call of the Chairman and shall review the Charter of the City of Edgewater and make such studies
and analysis in order to determine if the Charter should be modified, revised or amended in any way.
N If the Committee determines that amendments are necessary or that a revision is required, the
Committee shall be referred to the legal department for approval as to legality and form. The
recommendations shall be submitted to the City Council with sufficient time to review same with
adequate public hearing prior to placing the matters before the electors of the City of Edgewater.
Section 5. The Committee shall elect from its members a Chairman and Vice Chairman
to call and preside over meetings of the Committee. In addition thereto, the City will provide a staff
person as secretary to the Committee. The City shall provide adequate assistance to the Committee
that it may perform all duties imposed by this Resolution.
Section 6. All meetings of the Committee shall be public and the records thereof shall
* m e be open to inspection. All members of the Committee shall be subject to the provisions of Chapter
286, Florida Statutes, relating to public meetings and records; public inspections and penalties.
Section 7. The following items have been identified by the City Council and City
Manager as areas for specific review by the Charter Review Committee:
a) A system to rotate election of Council in an effort to make sure that no more than
three (3) seats are up for election at one time;
b) Strengthen the requirements for administrative policies including but not limited to
a central purchasing requirement;
c) Define the role of City Manager, relationship of department heads with City Council,
` and clarify the hiring and firing authority;
97 -R -28 2
d) Mandate minimum and maximum amount for annual budgetary requirements of cash
reserve;
Now e) Mandate requirements of budgeting all capital purchases;
f) Review the need for automatic five (5) year review of Charter; and
Section 8. The Committee is requested to complete their review and submission of
possible modification or revisions within a six (6) month period of time from the date of adoption
of this Resolution.
Section 9. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 10. This resolution shall take effect upon adoption.
After motion by and Second by , the vote on this resolution
'ter was as follows:
Mayor Randy G. Allman XXX
Councilman Jim Gornto XXX
Councils Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
PASSED AND DULY ADOPTED this day of , 1997.
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
Interim City Attorney
Now
97 -R -28 3
AGENDA REQUEST
C.A. NO.: 97 -229
Date: November 24, 1997
PUBLIC
`okaw HEARING RESOLUTION ORDINANCE
OTHER
CONSENT 12/03/97 BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Mears Motor Leasing - Schedule "A" (Change of Vehicle) & Early -Out Addendum
Police Department - Task Force Officer
BACKGROUND:
On April 8, 1997, Council approved the Lease Agreement with Mears Motor Leasing for a 1997
GMC Jimmy to be utilized by the City's Task Force Officer. The Task Force change vehicles on an
approximate six (6) month basis. On September 23, 1997 our Officer exchanged the 1997 GMC
Jimmy for a 1998 Pontiac Firebird with the monthly lease charge remaining at $460.00.
Mears Motor Leasing has supplied Schedule "A" (change of vehicle) which replaces the 1997 GMC
%Ey Jimmy with the 1998 Firebird and an Early -Out Addendum for execution by the City.
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council approve execution of Schedule "A" (change of vehicle)
along with the Early -Out Addendum.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Nosy
Respectfully submitted, Concurrence: Ce-12/\-
ikki Clayton enneth R. Hooper
Interim City Attorney Interim City Manager
rmw 11 1.l,� _� 1.$4..r..
'fief Lawrence Schumake
11/03/97 15:18 $4075784924 MEARS LEASING V1002
eik,404.
�.r MEARS
MOTOR
LEASING
ADDENDUM TO LEASE # 7155
FOR: CITY OF EDGEWATER POLICE DEPARTMENT
DATED: 9/22/97
DESCRIPTION : 1998 PONTIAC FIR'E,BII D
VIN #: 2G2FS22KOW2205845
THE ABOVE NAMED LESEE MAY TERMINATE SAID LEASE AT ANY TIME
AF 6 MONTHS WITH 30 DAYS WRITTEN NOTICE, WITHOUT PENALTY.
ALL, OTHER TERMS AND CONDITIONS REMAIN THE SAME.
SEE ATTACHED SIGNATURE SHEET
LEF.;SEE JAMES C. HARTMAN, PRESIDENT
SALES • LEASING - SERVICE
390 °_ EL REY ROAD, ORLANDO. FLORIDA 32808 • FAX 407 - 578 -4924 • PHONE 407-298 -2982
Noisy
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
Dated:
sew APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
Interim City Attorney
• 11/03/97 15:18 ''4075784924 YEARS LEASING 01003
SCHEDULE "A
UNIT # DESCRIPTION AND SERIAL DELIVERY MILEAGE MATURITY
NUMBER DATE OUT DATE
1998 PONTIAC
7155 FIREBIRD - WHITE 9/23/97 10 9/30/98
2G2FS22K0W220845
ORIGINAL DEPRECIATION SECURITY & MILEAGE EXCESS k
VALUE CHARGE PER DAMAGE DEPOSIT ALLOWANCE MILEAGE
MONTH PER MONTH CHARGE
PER MILE
$19,3E;0.00 1.56b N/A 2,000 .08
MONTHLY Lk'ASE MAINTENANCE SALES TAX TOTAL LEASE
CHARGE PAYMENT
Nov $460,00 N/A EXEMPT $460.00
NON-MAINTENANCE:
The T,,esElee will furnish at his own expense, tires, batteries, repairs and
all maintenance unless they are covered by the factory warranty service
policy, and agrees that at termination of the lease period all five (5)
tires will be the same brand, type and size that cache on the car and have
a minimum of 4/32" tread left at the shallowest groove.
This agreement is made this 23 day of SEPTEMBER, 1997.
Lessee' :t Name:
CITY OF EV a WA r ett POLICE DEpA1 Th1fNT
T BOX 100
EDGEWA7ER, FLORIDA 32132
By: SEE ATTACHED SIGNATURE SHEET
TITLE
PRINTED NAME OF PERSON SIGNING
LESSOR'S NAME: MEARS MOTOR LIVERY CORPORATION
PRESIDENT
JAM C HARTMAN TITLE
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
Dated:
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
Interim City Attorney
Noiw
Councilwoman Lichter spoke about the agenda saying Citizen
Comments Regarding Agenda Items Only and it not saying that in
the Charter. It just makes room for citizens to comment before
and after the meeting. She feels they are limiting their
citizenry. She spoke about citizens waiting to all hours of the
night to speak where by the Charter all types of comments can be
made before and after. She thinks the last Council decided on
that format themselves and she feels they should give it some
thought.
Councilwoman Lichter stated based on the petitions that have come
in this evening and based on Fred Munoz's request, she asked that
two weeks from tonight the item of Fred Munoz taking over as
Interim City Manager, which duties are incorporated in his
position right now, be put on the agenda.
Councilwoman Lichter spoke about the last meeting when this item
was discussed, a Councilperson left for whatever reasons and
there were four members present. She feels it should be put on
the agenda with a full house and she again requested it be put on
the agenda two weeks from tonight.
Councilwoman Lichter spoke about the cost to repair vandalism.
She suggested the Parks & Recreation commission could bring up
this subject. She asked about there being no column on the
police report pertaining to vandalism. She was informed there
.r was.
Councilwoman Lichter suggested putting something in the
newsletter informing the parents of children of the vandalism in
Edgewater.
Mayor Allman commended the American Legion and Jack Corder for
the Veterans Day celebration. He was proud to be a part of that.
PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS
There were no items to be discussed at this time.
CONSENT AGENDA
There were no items to be discussed at this time.
OTHER BUSINESS
A. Firefighters Pension Board's recommendation to reappoint.
Patricia Richards, whose term has expired (Postponed 10/20/97)
'taw
Bill Vola, Chairman, Firefighters Pension Board, asked Council to
give consideration to reappointing Patricia Richards.
Chief Vola spoke about trying to resolve issues with the State of
Florida over the structure of the pension board and of their
investments.
Councilwoman Lichter made a motion to reappoint Patricia
Richards, second by Councilman Hammond. The motion CARRIED 5 -0.
B. Appointments to proposed fire station siting committee
Councilwoman Lichter spoke about Chief Vola's request to make the
Firefighters Pension Board a seven member board with a
recommendation to appoint Joseph Daly. She asked if it would be
in order to do that now or if they should bring it up at the next
meeting.
Page -4-
Council Regular Meeting
November 17, 1997
Councilman Roberts stated since there is no landscaping plan
drawn in this, maybe this is an opportunity for the new
Beautification Committee to jump into action after final site
plan of the parking lot layout is approved.
`"Ow? Councilwoman Lichter made a motion to accept the interlocal
agreement with Volusia County dedicating funds to Edgewater
Library parking lot expansion, second by Councilman Roberts. The
motion CARRIED 5 -0.
I. Request of Assistant City Manager to be named Acting City
Manager
Interim City Manager Hooper had no comments and feels this is an
issue that is just before the Council directly.
Assistant City Manager /Finance Director Fred Munoz presented
reasons why he feels he should be appointed as Acting City
Manager and what he would do if appointed as City Manager. He
also spoke about items of concern for the future in Edgewater.
Ben DelNigro, 3130 Tamarind Drive, stated Mr. Munoz said he had
the tools to run the City, but his personal opinion is he feels
his tool box is empty.
Donald Price, 302 S. Ridgewood Ave, spoke in support of
Now appointing Mr. Munoz as the Acting City Manager until a City
Manager is hired.
John Moore, 2354 Fern Palm Drive, sees one reason why Council
would not appoint Mr. Munoz as Acting City Manager being they
don't agree with his political beliefs. He spoke about saving
money by appointing someone who is familiar with the job that has
been doing the job.
Robert Pogg, 2925 Yule Tree Drive, spoke about Mr. Munoz having a
lot of credentials but he just heard him speak about all of the
things Edgewater needs. He asked how much money is going to be
taken out of his pocket. He doesn't want to see taxes go up.
Paul Jenkins, Willow Oak Drive, feels Mr. Munoz should be
appointed short term Interim City Manager to cut the cost and
save money. He feels Mr. Munoz can help Council learn.
Dick Martinez, 317 Schooner Ave, agreed with Mr. Jenkins. He
feels there is someone on staff being paid for the job of
Assistant City Manager.
Doris Hill, 112 Lincoln Road, suggested Council use Mr. Munoz
being he is already Assistant City Manager. She feels Council
needs to decide if they are going to squander the taxpayers money
away or whether they are going to act in a responsible manner.
She feels he is the man for this job.
Bill Gleason, 2904 Mango Tree Drive, spoke in support of
appointing Mr. Munoz as Assistant City Manager.
Councilwoman Lichter stated she would make a motion at the
appropriate time and then she will discuss it.
Councilman Roberts feels Mr. Munoz may have been doing a fine job
as a Finance Director but he feels that is where he should stay.
It is time for new administration. He doesn't see any sense in
keeping someone from the old administration running things. He
feels the Interim City Manager is doing a fine job and they
should keep him on until they find a permanent replacement. He
does not see the need for having someone with the title Assistant
City Manager. If you have a City Manager doing the job, there is
,4%.., no need for it. He would like to keep Mr. Hooper on until they
find a replacement. Page -13-
Council Regular Meeting
November 3, 1997
Councilwoman Lichter does not feel Mr. Munoz came up here for a
plea to be put on as permanent manager although she knows his
application will be one of many. She feels Mr. Hooper has been
cordial and professional considering the position he has been put
in. She feels this is a practical matter. She spoke about Mr.
'' Munoz already having the title Assistant City Manager. She spoke
about the potential of $2,000 per week. She feels it will take
until the end of December to review the applications and find
someone that is compatible with Council.
Councilwoman Lichter spoke about Mr. Hooper not being here all
day long and he is doing what he can as Interim but in a sense
part -time and the other time Mr. Munoz takes over anyway.
Councilwoman Lichter spoke about the reputation of the City. She
stated when it comes time to make a motion she will make a motion
to let Mr. Munoz do the job he has the title to do until they
find a permanent City Manager.
Councilman Gornto spoke about not being familiar with Mr. Munoz's
capabilities and background until he was given his resume. He
doesn't feel his tool box is empty. He spoke on his credentials.
Councilman Hammond stated he is not doubting Mr. Munoz's
qualifications. He stated there are things he is still looking
into. He doesn't want to rule out Mr. Munoz yet and would like
,,, to table this.
Mayor Allman stated he has one problem with Mr. Munoz. His
resume and credentials are fine and the problem he has is being
accused of a crime he did not commit. He can't place trust in a
person that falsely accuses him when he knows the truth and he
can't ask the City to place the trust at this time either.
Interim City Attorney Clayton explained at any given point during
their sessions, Council can discuss and bring up matters so that
if they were to make a vote today that were a negative vote, you
could bring up tomorrow and the next day and the following day
until it turned into a positive vote whatever matter was being
discussed. If Council feels tabling it is something they want,
it is an appropriate motion. If Council feels like they want to
table something because they are not sure about whether it could
be reconsidered, what she was trying to do is help them
understand if they wanted to have this matter brought up at any
time, Council could request it be brought up no matter whether
they voted for or against a motion tonight.
Now Councilman Hammond questioned if a motion is made, he could say
no but he could bring it back up.
Councilwoman Lichter questioned bringing an item back up at a
regularly scheduled meeting or at a workshop meeting. Interim
City Attorney Clayton explained figuratively speaking, Council
does not have to be bound by a vote that was taken today in their
actions tomorrow. Council can change their mind from today to
tomorrow to the next day.
Councilwoman Lichter questioned if someone makes a motion to
table, there is no further discussion. Interim City Attorney
Clayton explained parliamentary procedure says a motion to table
is a nondebatable and you just call for a vote. If that is what
Councilman Hammond wants to do, he would have to get a second to
the motion and then there would be no discussion.
Councilwoman Lichter made a motion to appoint Fred Munoz as
Acting City Manager until they fulfill the position in a
permanent manner. The motion DIED for lack of a second.
%o . Page -14-
Council Regular Meeting
November 3, 1997
CITY OF EDGEWATER
MEMORANDUM
TO: Ken Hooper, Interim City Manager
For Distribution To The City Council
FROM: Ferdinand Munoz, Assistant City Manager/Finance Director I k
RE: Assumption of All Duties Under Job Description
DATE: October 13, 1997
Under the City of Edgwater's Personnel System (Employee Handbook & Pay For Performance)
and Job Description for the Assistant City Manager/Finance Director, both adopted and approved
by the previous City Council, the Assistant City Manager/Finance Director is "Accountable for all } ,,
City Manager functions in absence of City Manager." In the case at hand the Assistant City
Manager/Finance Director would act in place of the Suspended City Manager, and subsequent to
final termination of the Suspended City Manager, as City Manager.
The fact that I was not given due process and am not being permitted to perform all of my duties
and responsibilities stipulated in the Job Description for the Assistant City Manager/Finance
Director, diminishes my stature and professional standing within the body of City Employees, the
Edgewater community, and within Southeast Volusia County. Every day since October 6, 1997,
'tow when the City Council appointed an Interim City Manager, I have suffered diminished stature and
professional standing, and will continue to suffer as long as the Interim City Manager is retained. I
request that the Interim City Manager's services be terminated and that I be allowed to assume all
of my rightful duties immediately - time is of the essence to mitigate the damage that I have
already suffered.
For over 8 1/2 years I have worked hard to be known as a professional and capable employee. For
8 months (March 1991 - October 1991) I performed successfully, by all measures, the duties of
Acting City Manager. When the position was given permanently to a more experienced manager,
George E. McMahon, I publicly and privately supported him to the best of my ability. During this
period I observed and grew in responsibility to the point that the City Council approved the City
Manager's broadening my duties to include those of Assistant City Manager. Before this official
recognition I was customarily designated as Acting City Manager during absences of the City
Manager.
If allowed to assume all of my duties as Assistant City Manager/Finance Director, I will manage
the City in a manner consistent with the legal orders of the seating City Council. As in the past (8
sour months tenure) I will use my weekly memorandum known as "THINGS" to keep the City Council
informed of current and future operations and issues. A copy of my August 1, 1991 (please note
page 2 for reference to Nikki Clayton, of Baker & Hostetler) and September 13, 1991, is
provided for your information. I would also include individual Councilmember's requests and my
support or lack of support so that the other Councilmembers are fully and timely informed.
The cost of hiring an Interim City Manager is costly and not supported by the facts. While Mr.
Kenneth Hooper is a competent manager, I am more knowledgeable of the City's operations, and
can certainly be more effective. The morale and operational effectiveness of the City are being
placed at risk. If the City Council wants a Management Audit, to be followed by goal setting and
vision sessions, then we can certainly go out for bids to obtain such services. The Interim City
Manager's firm may be successful in such a bid process - instead of coming in on the coattails of
the Interim City Attorney, Nikki Clayton.
Within a very short time after assuming my full rightful duties as Assistant City Manager/Finance
Director I will obtain a listing of City Council's "Hot Issues ", compile them, and distribute them
to Council with a plan of action. Where needed, I will give several options and the underlying
issues. I will hold a meeting with all department heads and go through the complete list to discern
the major thrust of changes. Individually, I will meet with each department head and work out an
action plan for their department. Where we can legally do it, I will direct that we err on the side of
giving the customer the benefit. We will report our progress to the Council either through
"THINGS or by other suitable means.
Presently the employees are experiencing high levels of uncertainty and stress which can only
negatively impact performance. The perception of bringing in the "Hired Gun" is very disruptive.
We have already witness such disruption in the community at large, where it appears that the
worst elements are coming out and a mob mentality is starting to take hold. For the good of the
community we need to get back to normal operations. An arms length evaluation of City
operations is the best way to obtain relevant information. Initially I recommend we do what I have
outlined above and hold off any evaluation until the permanent City Manager is hired and can give
direction to where the evaluation should be directed
In summary, I will state up front, that I will apply for the position of City Manager. I am confident
that my performance will convince three of the City Council to vote for me. I have the experience,
education and drive to successfully bring us out of this malaise that we have serendipitously
gotten ourselves into.
Ecl. Job Description
Memorandum Dated February 26, 1997, from Suspended City Manager
Resume of Assistant City Manager/Finance Director
DD -214 Form of Ferdinand Munoz
CPA Examination results Dated August 5, 1985 & August 1, 1983
AICPA College Program Test Results
Copy of Delaware State CPA Certificate, dated March 20, 1986
THINGS Memorandum Date August 2, 1991 - with special note page 2
THINGS Memorandum Date September 13, 1991
CITY OF EDGEWATER 7' 8_
City Manager's Office
MEMORANDUM
DATE: November 19, 1997
TO: City Council
FROM: Ken Hooper, Interim City Manager
SUBJECT: Outsourcing of City Attorney Function
The City of Edgewater has appropriated $153,000 for the City Attorney's 1997/98 budget. This
includes salaries, benefits, supplies, travel and a minor amount for contracted services ($4,000).
They appropriated $140,307 and $150,695 for FY 95/96 and FY 96/97, respectively.
The City has also contracted with "outside" legal firms for various actions during the same time
period. The City paid approximately $198,600 and $83,500 for outside legal services in FY
95/96 and FY 96/97, respectively. The City has averaged approximately $141,000 per year for
outside legal counsel since 1995. Enclosed is a memorandum from Robin Wolf, Legal Assistant,
describing the use of outside legal firms.
Based on the cost of the internal legal department ($153,000) and the cost of external legal
expenses ($141,000), the City can expect to spend approximately $300,000 for legal service
during FY 97/98.
As requested, Nikki Clayton (Interim City Attorney) and I have reviewed the option of not filling
the City attorney position and seek outside legal service for a contracted legal firm. If a multi-
discipline legal firm were obtained, many of the current contracts could be consolidated. Legal
firms that represent cities similar in size, population and budget as the City of Edgewater would
be very interested in serving the City. Typical rates for legal representation of similar cities range
from $100- $140 /hour and average $125,000 to $150,000 per year. A fee volume of this size
would include legal representation of the City Council, Citizen Code Enforcement Board, and
Land Development and Regulatory Agency. This would include the normal operation and
function of the City. Extraordinary lawsuits or special financing issues may increase the annual
cost for legal coverage.
Based on the cost of outside legal fees since FY 95/96 and the existing FY 97/98 budget for the
legal department, I believe the City can annually save money by "outsourcing" the function of
City Attorney. Based on the existing expenditures by the City of Edgewater and the cost of legal
contract services by other similarly sized cities, the City of Edgewater should save an annual
range of $50,000 to $100,000 and maintain acceptable legal coverage.
Recommendation: Authorize an advertisement seeking legal contract services for the
City of Edgewater. Bring all qualified applicants to City Council for
an interview.
KRH:suek
Enclosure
ADVERTISEMENT FOR LEGAL SERVICES
CITY ATTORNEY
OUTSIDE COUNSEL
CITY OF EDGEWATER
The City of Edgewater is accepting letters of interest for the position of City Attorney. This
position will be filled on a part-time contract basis. Respondents must have a minimum of five (5)
years admission to The Florida Bar with direct experience as legal counsel to a Florida county and/or
municipality. Significant factors will be experience in government and administrative practice with
emphasis on planning, land use and zoning, code enforcement, drafting of ordinances and
resolutions, civil rights, personnel issues, contract services, and applicable municipal, county, state
and federal law. Responndents must submit ten (10) copies of a statement of qualifications, ten
pages or less, with three work - related references. Fees will be commensurate with experience and
ability. Inquiries should be directed to Robin M. Wolf at (904)424 -2403. All letters of interest and
;*w proposals are to be submitted by 2:00 p.m., Monday, January 5, 1998, to the Legal Department, City
of Edgewater, 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida 32132 -0100. The City
of Edgewater reserves the right to reject all responses /replies.
E.O.E.
Drug Free Workplace
Letters of Interest/proposals are public records pursuant to Chapter 119, Florida Statutes (1995),
(Public Records Law).
Submitted by,
Nikki Clayton
r Interim City Attorney
Type Ad: Classified/Legal
Publish Date: Friday, December 5, 1997
Proof to: Legal Department
P. O. Box 100
Edgewater, Florida 32132 -0100
Bill to: Legal Department
(Advertis /Services- CityAttorney)
AGENDA REQUEST
Date: 11/17/97
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Noir
CONSENT AGENDA OTHER BUSINESS X
ITEM DESCRIPTION /SUBJECT: I hereby request the Council consider the "Proposal to Provide
Professional Engineering Services - Reclaimed Water Storage Pond and Supplement Reclaimed Water Supply" as
submitted by Hartman and Associates, Inc. (one of our two consulting engineering firms retained by the City).
BACKGROUND: The City's existing State of Florida Domestic Wastewater Facility Permit contains
specific requirements for the City to perform a groundwater mounding analysis on the lake laying between Mango
Tree Drive and Lake Avenue, and running from 12 Street north to the Wastewater Treatment Facility. The
purpose of the study is to determine the capacity in which the lake can accept reclaimed water. Based on the
results of the mounding analysis, the City Council can make an informed decision on whether to use the Lake for
reclaimed water storage during low demand periods and the feasibility of withdrawing water to supplement
reclaimed water during high demand periods.
Attached for your information is Contract No. 97H345. from the St. Johns River Water Management District
pledging $8,500 to the City of Edgewater to be used to help defray part of the cost for the groundwater mounding
analysis. Although it appears at this time no additional funding for the study will become available, construction
grants of up to $100,000 will be available should the City opt to construct improvements to the lake. The St. Johns
has read and approved the outline of study by Hartman and Associates, Inc. who were primarily responsible for
"Nor negotiating both our Wastewater Treatment Facility Operating Permit and Consumptive Use Permit. Both the St.
Johns River Water Management District and the State of Florida Department of Environmental Protection have
had representatives on site to inspect the project area.
RECOMMENDATION /CONCLUSION: I am requesting the City Council take action on the following
items.
1. Authorize Hartman and Associates, Inc. to perform the Department of Environmental Protection required
groundwater mounding analysis at a cost not to exceed $45,000. The $8,500 St. Johns grant will be applied
against this fee resulting in a net cost to the City of $36,500..
2. Per Sec. 19-46 of the City of Edgewater Code of Ordinances, declare this project to be impact fee eligible.
(Impact fees can only be used for primary system expansions, and from the Code Sec. 19.30 (g)(1). This
project is for effluent disposal activities).
FINANCIAL IMPACT: $45,000 minus $8,500 St. Johns grant $36,5, 0
FUNDS AVAILABLE: ACCOUNT NUMBER: Wastewater Impact Fees
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY: Terry A. Wadsworth, Director of Utilities
PREVIOUS AGENDA ITEM: YES NO X
Date: Agenda Item No.
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Respectfully submitted: Concurrence:
Ce.,TE.-Q/
Terry A.' adsworth Kenneth R. Hooper
Director of Utilities Interim City Manager
TAW:dmc
Now
Impact Fee Information from
The City of Edgewater Code of Ordinances
`'fir
Sec. 19.30. (gx 1) Equivalent residential unit (E. R U. )
(g) Sanitary sewer system
(1) Primary or sewage disposal system: The primary system is further subdivided into: collector
sewers, interceptors, pump stations, force mains, treatment plants, and effluent disposal facilities.
Sec. 19.45. Use of Proceeds
The proceeds accumulated by reason of the establishment of an impact fee can be used only for the
expansion of the primary water system or the primary sanitary sewer system. Said proceeds may not be
used for improving, updating or bringing the present system into compliance with any change in laws
brought about by reason of pollution control.
(Ord. No. 83 -0-19, & 1, 12 -5 -83)
Itiry
Sec. 19.46. Trust Funds
There are hereby established two (2) trust funds, one designated as (1) impact fee capital
improvement trust fund for the expansion of primary water system, and (2) impact fee capital improvement
trust fund for the expansion of primary sewerage system. All impact fees paid to the city shall be deposited
in the appropriate trust fund to be held in separate accounts and used only for the purpose of the expansion
of the city's primary water supply system and the primary waste water treatment system. Funds may be
dispersed from these accounts in the customary manner in accordance with appropriate law with the
approval of the city council and city consulting engineer. Any funds on deposit in said trust funds which
are not immediately necessary for expenditure may be invested in time deposits of banks or trust companies
represented by certificates of deposit fully secured as provided by law maturing in a period of eighteen (18)
months or less. All such security shall be held by the depository bank, and all income derived therefrom
shall be deposited in the applicable trust funds as hereinabove established.
The city council may authorize an intrafund advance between the above - mentioned trust funds for
the financing of capital expansion of either system. Repayment provisions shall be established by the city
council at the time such advance is made.
(Ord. No. 83 -0 -19, & 1, 12 -5 -83; Ord. No. 85-0-24, & 1, 12 -2 -85)
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Department of
F A ' '`' , I
„...,,...........„_____ _
_ .- Environmental Protection
Central District
Lawton Chiles 3319 Maguire Boulevard, Suite 232 Virginia B. Wetherell
°t Governor Orlando, Florida 32803 -3767 Secretary
STATE OF FLORIDA
DOMESTIC WASTEWATER FACILITY PERMIT
PERMITFEE: PERMIT NUMBER: FL002 431 -01
ISSUANCE DATE: 1 //ID / 77
City of Edgewater EXPIRATION DATE: 11 -30 -2001
Mr. Terry A. Wadsworth FACILITY LD. NO: FL0021431
Director of Utilities PATS NUMBER: 64- 270201
P.O. Box 100
Edgewater, FL 32132 -0100
FACILITY:
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Edgewater Wastewater Treatment Facility
500 West Ocean Avenue •
Volusia County
Edgewater, FL 32132 -0100
Latitude: 28° 59' 15" N Longitude: 84° 54' 55" Vi
This permit is issued under the provisions of Chapter 403, Florida Statutes, and applicable rules of thc
Florida Administrative Code and constitutes authorization to discharge to waters of the state under the
National Pollutant Discharge Elimination System. Thc above named permittcc is hereby authorized to
construct and operatc the facilities shown on thc application and other documents attachcd hereto or on
file with the Department and made a part hereof and-specifically described as follows:
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TREATMENT FACILITIES:
An existing 2.25 mgd annual average daily flow (aadf) permitted capacity advanced domestic wastewater
treatment (awt) facility consisting of influent screening, grit removal, biological nutrient removal (5 -stage
Bardcnpho Proccss), chemical fccd facilities, ' 'secondary clarification, tertiary filtration, high level
disinfcction, dcchlorination, postacration and aerobic digestion of residuals with:
EFFLUENT DISPOSAL:
Surface Water Discharge: An existing 0.68 mgd aadf permitted discharge to Indian River North (Indian
River Lagoon -Class III marine waters) at Discharge Location D001 which is approximately 1 mile in
length and 150 fcct from the shore and discharges at a depth of approximately 6.5 feet. Thc point of
discharge is located approximately at latitude 28° 59' 22" N, longitude 80° 54' 26" W. Tli permitted
surface water discharge may be proportionately g Y P po y increased in accordance with Condition VIIL 13 of this
permit.
REUSE:
Land Application: Construct: A substantial modification to an existing 0.87 mgd aadf permitted
capacity slow -rate public access land application system (8001) consisting of a reclaimed water
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled babcr
• PERM141 E: City of Edgcwatcr (Mr. Tcrry A. Wadsworth) PERMIT NUMBER: FL002 143 1 -01
P.O. Box 100 EXPIRATION DATE: 11 -30 -2001
Edgcwatcr, FL 32132 -0100 FACILITY I.D. NO.: FL0021431
transmission/distribution system for public access irrigation of residential lawns, landscaped areas,
cemeteries, parks and road right of ways and medians with an anticipated rcusc capacity of 3.66 mgd aadf
as shown in the attached Table #1 and the Reuse System Map. The permitted rcusc capacity is limited to
2.25 mgd which is the permitted wastewater treatment design capacity.The public access rcusc system
Now, includes an existing 1.0 mg reclaimed water holding tank and an existing 2.25 nag reject water holding
tank with provisions to return substandard water to the hcadworks for further treatment.
Construct: A reclaimed water holding/make -up pond with the capacity to be determined after a
groundwater mounding analysis is complete and in accordance with Condition VIII.14 of this permit. The
construction will consist of placing an earth berm around an existing abandoned borrow pit to provide
storage capacity plus 3 feet freeboard; installation of transfer pumps, emergency overflow, piping, valves,
meters and instrumentation. No surface water discharge from the holding/makc -up pond is authorized.
IN ACCORDANCE WITH: The limitations, monitoring requirements and other conditions as set forth
in Pagcs 1 through 25 of this permit. This permit supersedes and replaces Permit DO64- 251849 and
Federal NPDES Permit No. FL0021431 which arc now considered null and void.
Nor
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PERMITTEE: City of Edgewater (Mr. Tcrry A. Wadsworth) PERMIT NUMBER: FL0021431 -01
P.O. Box 100 EXPIRATION DATE: 11 -30 -2001
Edgewater, FL 32132 -0100 FACILITY I.D. NO.: FL0021431
b. Any substantial change in the volume or character of pollutants being introduced into
that facility by a source which was identified in the permit application and known to be
discharging at the time the permit was issued.
*tow Adequate notice shall include information on the quality and quantity of effluent
introduced into the facility and any anticipated impact of the change on the quantity or
quality of effluent or reclaimed watcr to be discharged from the facility.
[62 620.625(2), 11 29 - 94]
13. The permittce shall submit a plan and a chronology and, upon approval by the Department,
documentation to thc Department in a form of capacity rerating data to show that the
treatment facility is capable of adequately treating flow in excess of the permitted flow (to a
maximum flow of 3.0 mgd three month average daily flow) in a sustained and consistent
manner for a period of two (2) consecutive months. The demonstration may involve partial
use of the existing facility to allow for the desired hydraulic and nutricnt loadings on thc
units in use. Such dcmonstration shall not require an application fee for a revision to this
permit. Upon such dcmonstration, the Department may revise this permit to increase the
permitted capacity of the facility.
14. Prior to commencing construction, the permittee shall submit to the Department a mounding
analysis and the corresponding storage volume calculations for the holding/make -up pond.
Upon review of the submitted information, the Dcpartmcnt will determine the storage
capacity of the proposed holding/make -up pond.
`ow IX. GENERAL CONDITIONS
1. The terms, conditions, requirements, limitations and restrictions set forth in this permit are
binding and enforceable pursuant to Chaptcr 403, Florida Statutes. Any permit
noncompliance constitutes a violation of Chapter 403, Florida Statutes, and is grounds for
enforcement action, permit termination, permit revocation and rcissuance, or permit
revision. [62- 620.610(1), 11- 29 -94J
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2. This permit is valid only for the specific processes and operations applied for and indicated
in the approved drawings or cxhibits. Any unauthorized deviations from the approved
drawings, exhibits, specifications or conditions of this permit constitutes grounds for
revocation and enforcement action by thc Dcpartmcnt. [62 620.610(2), 11
3. As provided in Subsection 403.087(6), F.S., the issuance of this permit does not convey any
vested rights or any exclusive privileges. Neither does it authorize any injury to public or
private property or any invasion of personal rights, nor authorize any infringement of
federal, state, or local laws or regulations. This permit is not a waiver of or approval of any
other Dcpartmcnt permit or authorization that may be required for other aspects of the total
projcct which arc not addressed in this permit. [62 620.610(3), 11 - 29 - 94J
so 4. This permit conveys no title to land or watcr, does not constitute state recognition or
acknowledgment of title, and does not constitute authority for thc use of submerged lands
unless herein provided and thc necessary title or leasehold interests have been obtained from
thc Statc. Only the Trustees of the Internal Improvement Trust Fund may express Statc
opinion as to title. [62 620.610(4), 11
5. This permit does not relieve the permitter from liability and penalties for harm or injury to
human health or welfare, animal or plant life, or property caused by thc construction or
operation of this permitted source; nor does it allow the permittee to causc pollution in
20
Henry Dean, Executive Director
John R. Wehle, Assistant Executive Director
;IRV' • POST OFFICE BOX 1429 PALATKA, FLORIDA 32178 -1429
TELEPHONE 904- 329 -4500 SUNCOM 904 -860 -4500
TDD 904- 329 -4450 TDD SUNCOM 880 -4450
„
WATER FAX (Executive) 329 -4125 (Legal) 329 -4485 (Permitting) 329 -4315 (Administration/Finance) 329 -4508
MOW ■r�M NAGEMENT PERMITTING: OPERATIONS:
SERVICE CENTERS
DIST 618 E. Sow, Street 7775 Baymeadow Wey
Orlando, Florida 32801 Sulfa 10 305 East Drive 2133 N. WlGdlem Road
407- 897 -4300 Jacksonville, Florida 32256 Mebame. Florida 32904 Mebame, Florida 32935-8109
TDD 407- 897 - 5960 904- 730 -6270 407- 984 -4940 407-752-3100
TDD 904- 448 -7900 TDD 407 - 722 -5368 TDD 407- 752 -3102
CERTIFIED NO. P 248 748 405
October 9, 1997
Mr. Terry Wadsworth
City of Edgewater
P. O. Box 100
Edgewater, FL 32132
Dear Mr. Wadsworth:
+rtrr Enclosed for your file is one fully executed original Agreement for A Waste Water Reuse
Feasibility Study, Contract No. 97H345.
Should you have any further questions, please contact me at (904) 329 -4196 or the above
address.
Sincerely,
Debbie Hancock
Contracts Administrator
Office of Procurement
DH /pn
Enclosure
c: D. Brandes
stow
William M. Segal, CHAIRMAN Dan Roach, VICE CHAIRMAN James T. Swann, TREASURER Otis Mason, SECRETARY
MAITL ND FERILV4084A BEACH COCOA ST. AUGUSTINE
Kathy Chinoy Gruen A. Greene James H. Williams Patricia T. Harden Reid Hughes
JACKSONVILLE VERO BEACH OCALA SANFORD DAYTONA BEACH
Contract #97H345
COST SHARE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF EDGEWATER
FOR A WASTEWATER REUSE FEASIBILITY STUDY
THIS COOPERATIVE AGREEMENT is entered into by and between the GOVERNING
BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ( "DISTRICT "), whose
address is Post Office Box 1429, Palatka, Florida 32178 -1429, and CITY OF EDGEWATER
( "CITY"), whose address is City of Edgewater, P. O. Box 100, Edgewater, FL 32132.
WITNESSETH THAT:
WHEREAS, DISTRICT is a special taxing district created by the Florida Legislature and given
those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose geographical
boundaries encompass Brevard County; and
WHEREAS, the CITY is a municipality of the State of Florida and empowered pursuant to Chapter
166 F.S., to enter into an agreement for the purpose of providing a feasibility study for the reuse of
reclaimed water; and
_ _ WHEREAS, DISTRICT has determined that its needs will be best served by entering into a
COOPERATIVE AGREEMENT for services that can be provided by CITY.
NOW THEREFORE, in consideration of the payments here specified and which District
agrees to make, CITY agrees to furnish and deliver all materials, to do and perform all work and labor
required to be furnished and delivered, done and . performed for Cooperative Agreement between the
St. Johns River Water Management District and the CITY OF EDGEWATER for a Wastewater
Reuse Feasibility Study, Contract #97H345. CITY agrees to complete the Work in conformity with
the Contract Documents and all attachments as defined herein and on file at the St. Johns River Water
Management District. The Contract Documents consist of the following items, including all
modifications thereof incorporated in the Documents before their execution: AGREEMENT;
EXHIBIT "A ", Project Plan, Exhibit `B ", Scope of Services; and all attachments hereto. All
attachments and Contract documents are part of this AGREEMENT as fully and with the same effect
as if they had been set forth at length in the body of this AGREEMENT.
ARTICLE I - SCOPE OF SERVICES
`ry DISTRICT and CITY shall cooperate, as detailed in EXHIBIT "A ", PROJECT PLAN and EXHIBIT
"B ", SCOPE OF SERVICES, attached hereto and by reference made a part hereof, to provide a
feasibility study for the reuse of reclaimed water.
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Contract #97H345
ARTICLE II - SCHEDULE OF WORK AND EFFECTIVE DATE
A. The effective date of this AGREEMENT shall be this go day of „4 44 .,Qy c ,1997.
B. CITY will be required to commence work under the Contract within fifteen (15) calendar
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days after the effective date of the AGREEMENT, to prosecute the Work diligently, and
to complete the entire Work for use within twelve (12) months of the Effective Date of
the AGREEMENT, unless the date is extended by mutual agreement of the parties hereto.
Time is of the essence.
ARTICLE III - TERM
This AGREEMENT shall expire at 12:00 midnight on the sixtieth day after the completion of
the Work in accordance with the date established under ARTICLE II above.
ARTICLE IV - LIABILITY AND INSURANCE
A. Each party to the AGREEMENT is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party and the officers,
v employees and agents thereof. In addition, each party is subject to the provisions of
Section 768.28, Fla. Stat. (1995).
B. If CITY fails to comply with any of the terms, conditions, provisions, or stipulations of
this Contract, DISTRICT may avail itself of any or all remedies provided in the Contract
and shall have the right and power to proceed in accordance with its provisions.
C. CITY is a participant in the Casualty Risk Retention Program for general liability insurance
administered by the Department of Insurance, Division of Risk Management of the State
of Florida. Their participation in that program provides financial protection for bodily and
personal injury and property damage arising from the operations of CITY. The combined
limits for this coverage amounts to $100,000 per person per claim and $200,000 per
occurrence. CITY, as representative of the State of Florida, professes State Sovereign
Immunity for amounts exceeding $200,000. The self - insured trust fund and other various
insurance policies are stated in the Fla. Stat., Chapter 284, Part II, and Section 768.28.
CITY agrees to maintain participation in this state insurance program for the duration of
this AGREEMENT.
' D. Each party shall also acquire and maintain throughout the term of this AGREEMENT
such general liability, automobile insurance, and workers' compensation insurance as
required by their current rules and regulations.
E. CITY hereby certifies to DISTRICT that the Work to be performed pursuant to this
AGREEMENT does not and will not infringe on any patent rights.
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Contract #97H345
ARTICLE V - RESPONSIBILITIES OF CITY
A. CITY's Project Manager shall be Terry Wadsworth, or his designee.
*oar B. CITY shall follow the verbal and written direction of DISTRICT's Project Manager
assigned to the work. All work authorized may be stopped by DISTRICT's Project
Manager at any point, which shall not result in loss of payment to CITY for services
performed up to the time the Work has ceased in accordance with this Contract. If CITY
fails to perform under terms of this Contract, DISTRICT may elect to have CITY cease
work until corrections are made at no additional cost to DISTRICT and with no allowance
for extension of time or to terminate if CITY fails or refuses to comply with the terms of
this AGREEMENT.
C. CITY certifies it is an independent contractor and not DISTRICT's employee, nor are any
of CITY's employees performing work under this AGREEMENT, DISTRICT employees.
D. CITY will not take any action, including but not limited to, amendments, modifications,
terminations, changes in Scope of Services, in regard to any agreements with outside
contractor(s), without the prior written approval of the DISTRICT.
E. CITY shall manage the work of Hartman & Associates, Inc., the Contractor, who will
perform the feasibility study and provide draft and final reports which summarize the
*tr. methods used and results for each task assigned to the Contractor in Exhibit "B ", Scope
of Services. Review and acceptance of the reports shall be a shared responsibility between
the CITY and DISTRICT.
F. CITY shall forward all information and comments provided by DISTRICT to the
Contractor and forward copies of all draft and final products received from the Contractor
to DISTRICT.
G. Provide funds to pay at least fifty (50 %) percent of the feasibility study cost, for payment
to the Contractor for performing the feasibility study.
H. Provide maps and technical information needed to the Contractor who performs the
feasibility study.
ARTICLE VI - RESPONSIBILITIES OF DISTRICT
A. The Executive Director designates Don Brandes as Project Manager for purposes 4100, directing CITY and maintaining coordination and review of the work. The Project
Manager shall have sole and complete responsibility to transmit instructions, receive
information, approve invoices, interpret and communicate DISTRICT policies and
decisions with respect to all matters pertinent to CITY's services. The Project Manager
and, as appropriate, other DISTRICT employees shall meet with CITY as necessary to
provide decisions for the duration of the Work, as well as to review and comment on
interim reports. No actions outside the Scope of Work shall be initiated by CITY without
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Contract #97H345
prior written authorization of the project manager; however, emergency situations
requiring action within less than twenty -four (24) hours may be granted verbally by the
Project Manager and followed up in writing within seventy -two (72) hours.
B. DISTRICT shall participate in the review of the contractor(s)'s interim and final reports.
C. DISTRICT shall be available to CITY to respond to questions regarding the project.
D. As is further specified in this AGREEMENT, DISTRICT shall provide timely reviews of
any and all invoices and deliverables related to this AGREEMENT submitted by CITY.
E. Upon the satisfactory completion of the Work, DISTRICT will provide a written
statement to CITY accepting all deliverables.
F. DISTRICT will provide funds, up to fifty (50 %) percent of the feasibility study cost in an
amount not to exceed the sum of $8,500.
ARTICLE VII - DELIVERABLES
A. Deliverables: CITY shall deliver all services, products, and deliverables as stated in the
Contract on a timely basis. DISTRICT and CITY shall each retain, for their own use,
deliverables identified in Exhibit "A," Project Plan.
Nosy
B. REPORTS: CITY shall submit monthly reports to DISTRICT's Project Manager in a
form approved by the Project Manager. In addition to hard copies, all written deliverables
(reports, papers, analyses, etc.) shall be submitted in machine readable form in formats
consistent with DISTRICT's standard software products. DISTRICT's standard office
automation products include the Microsoft® Office Suite (WORD, EXCEL, ACCESS,
and POWERPOINT). Other formats may be accepted, if mutually agreed upon by
DISTRICT's Project Manager and Chief Information Officer.
ARTICLE VIII - COMPENSATION
A. Amount of Funding: For satisfactory performance of the Work outlined in the Contract,
DISTRICT agrees to pay CITY a sum in the amount of 50% of the total cost of the study,
up to an amount not to exceed $8,500.
B. Invoicing Procedure: Final invoice shall reference the Contract Number provided on the
first page of this AGREEMENT and shall be submitted to Director, Division of Finance
N '"' and Accounting, P. O. Box 1429, Palatka, Florida, 32178 -1429. CITY shall submit one
invoice upon completion of project. CITY's invoice shall include a copy of Contractor's
invoice for the total project and verification that the final report has been completed and
accepted by the CITY. Once all required documentation is received, and verified to be
complete and correct, by District Project Manager and the Division of Finance, the
District will remit the approved sum to CITY.
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Contract #97H345
C. Payment: DISTRICT shall pay CITY one hundred (100 %) percent of approved invoice
within thirty (30) days of receipt. Payments due and unpaid under this AGREEMENT
shall not bear interest.
,,,,,. D. Release: CITY agrees that acceptance of the payment, shall be considered as a release in
full of all claims against DISTRICT or any of its members, agents, and employees, arising
out of, or by reason of, the Work done and materials furnished under this AGREEMENT.
Prior to, or in conjunction with final payment, DISTRICT shall review and determine that
CITY has fully and satisfactorily completed the required Work under this AGREEMENT.
If DISTRICT determines that CITY has complied with the terms and conditions of this
AGREEMENT, then acceptance of final payment by CITY shall be considered as a release
in full of all claims by DISTRICT against CITY, or any of its members, agents and
employees, arising out of, or by any reason of, the Work to be done and materials
furnished under this AGREEMENT.
ARTICLE IX - OWNERSHIP OF DOCUMENTS
Ownership and copyright to all reports and all accompanying data (in all formats) produced
pursuant to this AGREEMENT shall be vested in DISTRICT and CITY. CITY shall include language
in all subcontracts which clearly indicates that Ownership and Copyright to all materials produced
pursuant to this AGREEMENT shall remain with DISTRICT and CITY.
Now
ARTICLE X - SUBCONTRACTING
A. CITY shall not sublet, assign, or transfer any work under this AGREEMENT without the
written consent of DISTRICT. When applicable, and upon receipt of such consent in
writing, CITY shall cause the names of the firms responsible for such portions of the work
to appear on the work.
B. CITY agrees to notify DISTRICT of all subcontracts no less than ten (10) calendar days
prior to the effective date of the subcontracts for the purpose of approval. CITY agrees to
provide DISTRICT with an executed copy of all subcontracts within ten (10) calendar
days after the effective date of the subcontract.
C. CITY agrees to be responsible for the fulfillment of all work elements included in the
subcontracts and agrees to be responsible for the payment of all monies due under any
subcontract and hold DISTRICT harmless from any liability or damages arising under or
from any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall
.► create any contractual relationship between any subcontractor and DISTRICT.
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Contract #97H345
ARTICLE XI - CHANGES IN SERVICE REQUIREMENTS
DISTRICT and CITY may at any time, by mutual written agreement in the form of an
amendment to this AGREEMENT, make changes within the general scope of this AGREEMENT
•4„,„ in the services or work to be provided. Neither party to this AGREEMENT shall unreasonably
withhold consent to any written amendment to this AGREEMENT.
ARTICLE XII - INTEREST OF CITY
Unless otherwise declared in an addendum, CITY certifies that no officer, agent, or employee
of DISTRICT has any material interest (as defined in Chapter 112, Fla. Stat., as amended) either
directly or indirectly, in the business of CITY to be conducted here, and that no such person shall have
any such interest at any time during the term of this AGREEMENT.
ARTICLE XIII - ASSIGNMENT
CITY shall not assign the Contract or sublet it as a whole without the written consent of
DISTRICT nor shall CITY assign any moneys due or to become due to it hereunder, without the
previous written consent of DISTRICT.
ARTICLE XIV - CANCELLATION
Each party to this AGREEMENT reserves the right to unilaterally cancel this AGREEMENT
for refusal by the other party to allow public access to all documents, papers, letters, or other material
related to this AGREEMENT and subject to the provisions of Chapter 119, Fla. Stat., as amended.
ARTICLE XV - AUDIT: ACCESS TO RECORDS
A. CITY agrees that DISTRICT or its duly authorized representatives shall, until the
expiration of three (3) years after expenditure of funds under this AGREEMENT, have
access to examine any of CITY's books, documents, papers, and records involving
transactions related to this AGREEMENT. CITY agrees that payment(s) made under this
AGREEMENT shall be subject to reduction for amounts charged which are found on the
basis of audit examination not to constitute allowable costs.
B. CITY shall refund by check, payable to DISTRICT, the amount of any reduction of
payments. All required records shall be maintained until an audit has been completed and
all questions arising from it are resolved or until three (3) years after completion of the
Work and submission of a final invoice, whichever is sooner. CITY will provide proper
facilities for access to and inspection of all required records.
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Contract #971-1345
ARTICLE XVI - CIVIL RIGHTS
Pursuant to Chapter 760, Fla. Stat., CITY shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin, age, handicap or
marital status.
ARTICLE XVII - CONFLICTING EMPLOYMENT
CITY agrees that at the time of execution of this Contract it has no retainer or employment
AGREEMENT, oral or written, with any third party relating to any matters which adversely affect any
interest or position of DISTRICT. CITY shall not accept during the terms of this Contract any retainer
or employment from a third party whose interests appear to be conflicting or inconsistent with those of
DISTRICT.
Notwithstanding the foregoing paragraph, CITY may accept retainers from or be employed by
third parties whose interests appear conflicting or inconsistent with those of DISTRICT if, after full
written disclosure of the facts to DISTRICT, DISTRICT determines that the apparent conflict shall not
interfere with the performance of the Work by CITY.
ARTICLE XVIII - NON - LOBBYING
Pursuant to Section 216.347, Fla. Stat., CITY hereby agrees that monies received from
`.000 DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any
other state agency.
ARTICLE XIX - TERMINATIONS
A. Termination for Default: This AGREEMENT may be terminated in whole or in part in
writing by either party in the event of substantial failure by the other party to fulfill its
obligations under this AGREEMENT through no fault of the terminating party, provided
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that no termination may be effected unless the other party is given: (1) not less than ten
(10) calendar days written notice delivered by certified mail, return receipt requested, and
(2) an opportunity for consultation with the other party prior to termination.
B. Termination for Convenience: This AGREEMENT may be terminated in whole or in part
in writing by either party provided that the other party is given: (1) not less than thirty
(30) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate, and (2) an opportunity for consultation prior to termination.
..► C. If termination for CITY's default is effected by DISTRICT, an equitable adjustment in the
price provided for in this AGREEMENT shall be made, but (1) no amount shall be
allowed for unperformed services, and (2) any payment due to CITY at the time of
termination shall be adjusted to cover any additional costs to DISTRICT because of
CITY's default. If termination for DISTRICT's default is effected by CITY, or if
termination for convenience is effected by DISTRICT, the equitable adjustment shall
provide for payment of all services, materials, and costs, including prior commitment
incurred by CITY up to the termination date.
7
Contract #97H345
D. Upon receipt of a termination action under paragraphs "A" or "B" above, CITY shall:
(1) Promptly discontinue all affected work (unless the notice directs otherwise), and
(2) deliver or otherwise make available all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as may have been
*trap by CITY in performing this AGREEMENT, whether completed or in
process.
E. Upon termination under Paragraphs "A" or `B" above, DISTRICT may take over the
work or may award another party a contract to complete the work.
F. If, after termination for failure of CITY to fulfill contractual obligations, it is determined
that CITY had not failed to fulfill contractual obligations, the termination shall be deemed
to have been for the convenience of DISTRICT. In such event, the adjustment of
compensation shall be made as provided in Paragraph "C" of this section.
ARTICLE XX - GOVERNING LAW /ATTORNEYS' FEES
This AGREEMENT shall be construed and interpreted according to the laws of the State of
Florida. In the event of litigation between the parties arising from or pertaining to this AGREEMENT,
the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorneys'
fees and costs.
ARTICLE XXI - CONSTRUCTION OF AGREEMENT
This AGREEMENT shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it
being recognized that both parties, DISTRICT and CITY, have contributed substantially and materially
to the preparation hereof.
ARTICLE XXII - ENTIRE AGREEMENT
This AGREEMENT upon execution by CITY and DISTRICT, and the contract documents
constitute the entire Agreement of the parties. The parties are not bound by any stipulations,
representations, agreements, or promises, oral or otherwise, not printed or inserted in this
AGREEMENT. CITY agrees that no representations have been made by DISTRICT to induce
CITY to enter into this AGREEMENT other than as expressly stated by this AGREEMENT.
This AGREEMENT cannot be changed orally, nor by any means other than written amendments
referencing this AGREEMENT and signed by all parties.
8
Contract #97H345
IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT has caused this contract to be executed in its name by its Executive Director, and the
CITY OF EDGEWATER, has caused this contract to be executed in its name by its duly
authorized representatives, and, if appropriate, has caused its seal to be attached, all on the day
and year first above written.
Nor
ST. JOHNS RIVER WATER CITY OF EDGEWATER
MANAGEMENT DISTRICT
By: l .(��1 t1 Y - C� �� By: • • t�
Henry Dean, xecu ive Directo
Terry A. Wadsworth, Director of Utilities
Typed Name and Title
Attest:
Sitsam ..T. Wadsworth, City Clerk
Typed Name and Title
(SEAL)
err+
APPROVED BY THE OFFICE OF GENERAL COUNSEL
John W. Williams, I) eputy General Counsel
St. Johns River Water Management District
err
9
Contract #97H345
EXHIBIT A
PROJECT PLAN FOR
EDGEWATER
RECLAIMED WATER STORAGE STUDY
I. BACKGROUND
The City of Edgewater (City) has a domestic wastewater treatment facility which
provides reclaimed water for reuse. The City desires to increase its storage capacity for
reclaimed water in order to make more effective use of the water and to minimize
discharges to surface waters.
St. Johns River Water Management District (SJRWMD) is a regulatory agency
responsible for all phases of water management in all or part of 19 northeastern Florida
counties, including Brevard County in which Edgewater is located. SJRWMD desires
to improve environmental quality and promote more efficient water use in the area.
The present circumstances in Edgewater provide a potential opportunity to contribute
Noe
toward accomplishing those goals through intergovernmental cooperation. SJRWMD
desires to encourage the reuse of reclaimed water from the Edgewater wastewater
treatment facility.
II. OBJECTIVE
The objective of this agreement is to provide for a study of the feasibility of converting
an abandoned borrow pit into a holding pond for reclaimed water storage. With
modifications being considered by the City, the pond would have a capacity of 20.25
million gallons, or 7.4 days of the wastewater treatment facility's current permitted
capacity. This study is intended to determine whether the pond is an economically
viable alternative and the impacts that the pond may have on ground water.
III. RESPONSIBILITIES
The City and SJRWMD, respectively, shall each be responsible for performing the
following assigned tasks pertaining to the project
10
Contract #96H328
A. Project Management
The City and SJRWMD each shall designate a project manager who will
'taw coordinate and cooperate with each other to assure the punctual and effective
completion of the contract and of tasks assigned to their respective organizations.
These tasks shall include fulfillment of the following responsibilities specifically
assigned to each organization.
B. Responsibilities of the City
The City of Edgewater shall provide the following support contributing to the
completion of the project:
1. Select a contractor to perform the necessary services and to provide
draft and final work products as described in Exhibit B, City of
Edgewater Reclaimed Water Transmission Line Scope of Services.
2. Engage the contractor and have primary responsibility for managing
the contract. Forward all information and comments provided by
SJRWMD to the contractor and forward copies of all draft and final
products received from the contractor to SJRWMD.
3. Review and provide comments on the draft work products.
4. Evaluate the final work products for acceptance and payment.
%kw 5. Provide funds to pay at least 50 percent of the project cost, for payment
to the contractor for performing the specified services.
C. Responsibilities of the St. Johns River Water Management District
SJRWMD shall provide the following support contributing to the completion of
the project:
1. Review and provide comments on the draft work products.
2. Evaluate the final work products for acceptance and payment.
3. Upon acceptance of the completed report, provide funds, up to 50
percent of the project cost and an amount not exceeding the sum of
$8,500, to reimburse the City for payment to an approved contractor for
performing the specified services.
11
EXHIBIT B
SCOPE OF SERVICES AND BUDGET
EDGEWATER
RECLAIMED WATER AUGMENTATION STUDY
Introduction
The purpose of this program is to determine the effects on the groundwater and surrounding areas
as a result of storing reclaimed water generated from the City on Edgewater's Advanced
Wastewater Treatment (AWT) Facility. Currently, the City of Edgewater AWT facility supplies
the community with reclaimed water via high service pumps and a 1 million gallon storage tank.
Reclaimed water-that is not utilized in the system is discharged to the Mosquito Lagoon, which is .
part of the Indian River Lagoon system. At present, there are times when the reclaimed water
demand is greater than the reclaimed water available. In addition, there are no provisions for wet
weather storage due to the permitted disposal to the Mosquito Lagoon. It is the City's desire to
keep the discharge of advanced treated effluent to the Mosquito Lagoon to a minimum, and store
more reclaimed water during wet weather conditions when most of the effluent is discharged to
the surface water body.
The existing reclaimed water reuse system has some inherent deficiencies due to cost constraints
incurred during the initial phases of construction for the facility in 1990. The items of concern are
operational in nature and are listed as follows:
1. The existing 1- million gallon effluent storage tank that was converted from the
existing Cantex unit is uncovered, thus allowing the chlorine residual to dissipate
and allow algae to form within the tank
2. The reclaimed water system does not have any provisions for post - chlorination to
maintain a residual within the system.
3. The storage capacity of reclaimed water is limited to one million gallons, thus, not
providing a sufficient storage buffer between flows generated from the treatment
processes and community reuse demand. During times of lower reuse flow (such
%sr as rainy weather), e to the river i s necessary ), g nary and conversely, higher reuse
system flows can generate a flow deficiency.
12
The improvements to the reclaimed water system described in items nos. 1 and 2 above are
currently under construction and should be completed by June 1997.
''ow The holding pond option described in item no 3 above, involves converting the abandoned
pond/borrow pit into a reclaimed water holding/make-up pond. The proposed holding pond will
serve two (2) purposes for the City_ First, with the modifications described in this section, the
ponds storage capacity will be approximately 20.25 MG, or 7.4 -days storage in terms of the
WWTP's existing permitted capacity of 2.75 MGD. Second, the holding pond will serve as an
alternate source to reclaimed water for irrigation during high community demand periods.
It is proposed that the borrow pit as it currently exists without wetland vegetation would be
bermed to a height of 6 -feet to allow for the required storage volume and a freeboard of 3 -feet,
respectively, as shown in Figure A -1. Additionally, transfer pumps, piping, valves,
meters and instrumentation would be necessary to connect the proposed pond to the treatment
facility, as illustrated in Figure A-3. It is proposed that the rate of flow of transfer from the pond
be that of the capacity of the existing transfer pumps that will feed the pond, which are
approximately 1,800 gallons per minute (gpm).
Conversion of the proposed pond into a reclaimed water holding facility would require a
groundwater monitoring plan, as well as maintenance of minimum setback distances from
adjoining property lines, as required in Rule 62 -610, FAC. Additionally, the St. Johns River
Water Management District (S)RWMD) has informed the City that a consumptive use permit will
be required for reclaimed water make -up when a deficient flow event occurs. Additionally,
permitting through the Florida Depail,«ent of Environmental Protection (1 -DEP) will also be
required as part of the design process. The estimated cost of the reclaimed water system
improvements is approximately $589,000.00_
The purpose of this portion of the project is to determine whether or not reclaimed water storage
in this abandoned borrow pit is viable, and the impacts on the existing groundwater surrounding
the site. As a result, a combination of engineering, hydrogeology and field services will be
required to accomplish this The scope of services for this project has been divided into four (4)
tasks encompassing the preliminary design/engineering; survey and geotechnical services;
‘`"' groundwater modeling; and report preparation_
13
It is proposed under this scope that Hartman & Associates, Inc. (HAI) will evaluate the existing
stormwater infrastructure, provide field services associated with the collection of data from the
piezometers and monitoring wells, groundwater modeling and determination of the impacts of
% or storing reclaimed water on the surrounding area, and provide preliminary engineering services
associated with the proposed improvements_
Task No. 1: Evaluation of the Stormwater Infrastructure
The City is currently utilizing this abandoned borrow pit as a stormwater management
facility_ In order to ensure that these residents are not harmed by the proposed activity to
remove all of the existing drainage facilities from connection to the borrow pit, the
following will be performed under this task:
a_ Perform a field inspection and the collection of conceptual drainage survey
information in order to verify that adjacent properties are not affected by
the proposed alternatives
4,14w b. Perform a drainage structure inventory to determine the location and
characteristics of drainage inlets, pipes, swales, ponds and other
stormwater management facilities. Time will also include a meeting with
the Public Works Department to resolve the locations of older
infrastructure that may effect the size of the drainage basin currently
supplying surface water to the borrow pit
c. Perform a drainage basin delineation to determine the watershed size and
runoff characteristics_
d. Provide preliminary drainage calculations (no computer modeling
necessary) to determine the off site drainage contribution, on -site drainage
contribution and retrofit stormwater management criteria and requirements.
These calculations will estimate how much ' stormwater management is
being provided by the existing borrow pit for the existing subdivisions; and
how much proposed retrofit facilities will need to be created in order to
permit and relocate the drainage connections that are currently utilizing the
borrow pit as an outfall.
14
e_ Perform a tailwater investigation of the receiving canal water bodies and
check the overall stormwater management system and proposed retrofit
44400, alternatives for compliance with the existing stormwater management plan
developed in 1990_
£ Investigate the feasibility of drainage system rerouting and provide retrofit
drainage alternatives to disconnect the existing drainage systems to the
borrow pit facility_ Identify the critical elevations in the existing systems
that could cause surface water flooding or groundwater mounding
problems to adjacent property owners_ Estimate the probable cost of all
design alternatives_
Task No 2: Field Services and Survey
It is proposed that three (3) borings to a depth of 50 feet and one (1) additional boring to
a depth of 100 feet be performed under this task The lithology will be recorded for each
boring and the corresponding lithologies will be mapped in plan and cross - sectional views.
Piezometers will be installed at the boring locations for measurement of water levels,
determination of flow direction and measurement of hydraulic conductivity. Four (4) 50-
foot piezometers with 40 feet of screen and one (1) 100 -foot piezometer with 50 feet of
screen will be constructed under this task. The piezometers will be surveyed for top -of-
casing and ground surface elevations_
In addition, three (3) 2 - inch diameter groundwater monitoring wells (2 background and 1-
compliance) will be constructed. The groundwater monitoring wells will be constructed
to a total depth of 15 feet with 10 feet of screen.
Slug tests will be conducted on the piezometers and monitor wells in order to determine
hydraulic conductivity at each location and in different intervals. These hydraulic
conductivities will be used in construction of a simple numerical groundwater flow model_
Two (2) constant rate discharge tests shall be run at the locations with well clusters for
determination of hydraulic parameters_
A continuous water level recorder will be installed at one (1) well location on -site.
Periodic water level measurements in the remainder of the piezometers and monitor wells
15
will be performed by City personnel. Pond levels will be measured with the aid of a staff
gauge_ An additional staff gauge may be installed in the adjacent pond to monitor how,
and if the two (2) ponds are connected. If possible, the relation between rainfall,
evapotranspiration, and stormwater input to the system and the changes in water level will
be conducted. This data will be used to verify the groundwater flow model_
Task No. 3: Groundwater Modeling
A mounding analysis will be performed using the data collected from Tasks nos. 1 and 2
above to determine the wet weather capacity of the proposed borrow pit, and the impacts
on the surrounding areas. The groundwater flow model that will be conducted will be a
MODFLOW model that will include topography, existing drainage features, and average
recharge conditions. In addition, a second simulation will be performed with wet weather
conditions to determine the projected mounding impacts of storing reclaimed water in this
borrow pit
Task No. 4: Preliminary Engineering Services
The preliminary engineering services performed under this task will include compiling the
data gathered during the first two (2) tasks described above and the results of the
groundwater modeling that was performed. Based on the results of the modeling the
Report shall review and evaluate all alternative options for the City to manage and store
the reclaimed water during periods of low demand, evaluate ability to utilize stormwater
to supplement the reclaimed water demands on the system and its impacts, and ensure that
all aspects of the state and federal regulations are met. The preliminary engineering and
design report will include the following:
1. A geotechnicaVmaterials testing investigation. The scope of work includes
four (4) standard penetration borings_
w
2 A site survey (above water level) of the existing abandoned borrow pit_ In
addition top of piezometer and monitoring wells, as well as grade
elevations at each well will be obtained during this survey. The
topographic plan will be used for developing grading and drainage plans for
the sitework that may be required at this abandoned borrow pit.
16 nc -)1Q7
3. Establish and evaluate the impacts associated with the storing reclaimed
water in the abandoned borrow pit through the use of the MODFLOW
Now
groundwater model.
4. Develop list of design criteria, and basis of design data for reclaimed water
storage and management, yard piping improvements, and other
miscellaneous equipment associated with the program_ General site plans
and schematics of each alternative will be provided with the Report_
5_ Preliminary electrical, instrumentation and control requirements for the
various alternatives evaluated_
7. Determine preliminary capital, and annual operation and maintenance costs
(i_e_, power, staffing chemicals, etc.) for each alternative evaluated. These
costs will be coordinated with the City's utilities and financial staff .
"err 8. Development of a table of contents of the required technical specifications
(Divisions 2 through 16) that may be required for the project.
9. The preliminary engineering and design report will be prepared
summarizing the alternatives evaluated; the impacts associated with storing
reclaimed water in the abandoned borrow pit; preliminary design
documentation for final design; and will serve as supporting documentation
required for permitting and final design_ The Report will provide the City
with a recommended alternative to meet the City's desires, as well as the
state and federal regulations, and a means of meeting these goals. A total
of five (5) copies of the Draft Report will be submitted to the City for
review at the 90 percent level of completion for preliminary design_ A
workshop meeting will then be held to review the City's comments. HAT
will then incorporate City's comments, complete the Report and submit ten
„kw (10) copies of the Final Report to the City.
17
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1 9
BUDGET
Nosy
Meetings and coordination $1,064
Ground water monitoring 1,684
Field invesigations 1,564
Ground water modeling 3,058
Developing alternatives 3,625
Estimating costs for alternatives 1,960
Report preparation 10,310
Review meetings 1,988
Task 1 subtotal $25,259
20
CITY OF EDGEWATER
RECLAIMED WATER STORAGE/MA_ E -up POND
Ivor
PROPOSED SCHEDULE
Item Days From
Description Notice to Proceed
1 City receives and executes documents from the St. Johns
River Water Management District (SJRWMD) 0
2 Authorized notice to proceed on engineering contract _ 14
3 Begin data collection and initial site visit 21
4 Complete installation of monitoring wells, piezometers and 42
rainfall monitoring devices
5 Complete field monito ' slu_ tests 90
6 Complete computer groundwater modeling 135
7 Submit draft preliminary engineering report to City and 180
SJRWMD
8 Review draft preliminary engineering report with City and 187
SJRWMD
9 Submit final preliminary engineering report to City and 204
SJRWMD
"\r 10 ' Present final report and findings to the City Council _ 218
21
HARTMAN & ASSOCIATES INC.
I'IiINCII'. \I A' 't( IAIIiS
engineers, hydrogeologists, surveyors & management consultants
lames f. Christopher I!P: \lan<, II. Roo ei(.. \i
(:harks U'. I)rakr. Pt. I Ilichar<I Vuorhece. r I
Grrald C. Ilarunan, PI L DuuFlas I' Dula sou. N.
Mark I. I.uk.. IS M IlichaN C. CoprlAnd \i ILA.
\lark A. Ih nninl;. I' I!_ ILwkrick I:. (.. hc.1'1
Tarok! li. St 111111(4..1r I'1... Ihoma> I. Odom. Ir. If l
Gen' I. lie \'oir 11. 1'Il.
SI!NIOIt ASSOCIA'i I S
\Villwin I). Musser, hi?.
Scot((:. Quinlan. I!li. . November 6, 1997 HAI #94- 276.18
Mr. Terry Wadsworth
Utilities Director
City of Edgewater
P.O. Box 100
Edgewater, FL 32132 -0100
Subject: Proposal to Provide Professional Engineering Services - Reclaimed
Water Storage Pond and Supplement Reclaimed Water Supply
Dear Mr. Wadsworth:
Hartman & Associates, Inc. (HAI) is pleased to submit this Proposal for Engineering and
err Hydrogeological Services in conjunction with the above - referenced project. This project is
intended to meet two (2) primary goals of the utility system.
The first goal is the conservation of the potable water supply, while substituting the existing
potable water used for non - potable water purposes with reclaimed water. The second goal is to
provide for additional storage of reclaimed water during wet weather conditions to meet the
requirements of the current operating permit requirements as it relates to the APRICOT Rule.
The intent of this project is to meet the goals by investigating the possibility of utilizing the
borrow pit that is approximately 22.5 acres in size, and is located south of the City's wastewater
treatment plant (WWTP).
In order to determine the capacity in which the borrow pit can accept reclaimed water, HAI
recommends the installation of four (4) piezometers and three (3) wells to monitor the
groundwater levels surrounding the area. The geologic information and corresponding lithologies
that are obtained from each of the borings will be mapped in both plan and cross sectional views.
Additionally, slug tests will be conducted on the piezometers and monitoring wells in order to
determine hydraulic conductivity at each location and in different intervals. These hydraulic
conductivities will be used in the construction of a simple numerical groundwater flow model.
Ivry Two (2) constant rate discharge tests will be run at the locations with well clusters for
determination of hydraulic parameters that will be used in the development of the model. The
groundwater model used will be a MODFLOW model that will include the impacts associated
with the local topography, existing drainage features, and average recharge conditions. A second
simulation will be conducted with wet weather conditions to determine the projected mounding
201 EAST I'INE STREET • 51Jrl'E 1000 • ORLANDO, PI, 328(11
ZONE (107) 839 -3955 • FAX (107) 839-3700 • www.ctmsulthei.Com
ORIANDO 108T MYERS ANENTIIRA JACKSONVILLE LALIAIIASSLP
Mr. Terry Wadsworth
November 6, 1997
Page 2
err
conditions. The results will then be summarized within a report and submitted to the Florida
Department of Environmental Protection (FDEP) to fulfill the City's operating permit condition.
Additionally, the report will provide recommendations as to the working level of the pond to
ensure adjacent property owners are not affected by elevated groundwater conditions.
Furthermore, existing stormwater facilities that are connected to the pond will require re- routing
since the pond will serve as a storage vessel for reclaimed water, and thus will be identified.
As we discussed, the SJRWMD provides matching grant monies for specific projects that
promote conservation and reuse of reclaimed water. To date, HAI has submitted and received
$8,000 worth of grant monies toward this project from the St. Johns River Water Management
District (SJRWMD). HAI will also submit on the City's behalf next fiscal year (1998) for the
additional $12,000 to $15,000.
Provided in Attachment "A" is a detailed scope of services with preliminary figures of what is
proposed. Included in Attachment "B" is the proposed project schedule which indicates the
number of days for each task from Notice -to- Proceed. Finally, the not -to- exceed cost for HAI to
preform the referenced Engineering and Hydrogeological Service is $45,000 and is summarized in
N """ Attachment "C ".
If you should have any questions, please do not hesitate to call either Troy Layton or me. We
appreciate the opportunity to serve the City of Edgewater on this project.
Very truly yours,
Hartman & Associates, Inc.
•/ % /di!/
Harold E. Schmidt, Jr., P.E.
Vice President
TEL/dt/P 6/wad s2. tel
rr. cc: Troy E. Layton, P.E., HAI
ATTACHMENT A
SCOPE OF SERVICES
Introduction
The purpose of this program is to determine the effects on the groundwater and surrounding areas
as a result of storing reclaimed water generated from the City on Edgewater's Advanced
Wastewater Treatment (AWT) Facility. Currently, the City of Edgewater AWT facility supplies
the community with reclaimed water via high service pumps and a 1 million gallon storage tank.
Reclaimed water that is not utilized in the system is discharged to the Mosquito Lagoon, which is
part of the Indian River Lagoon system. At present, there are times when the reclaimed water
demand is greater than the reclaimed water available. In addition, there are no provisions for wet
weather storage due to the permitted disposal to the Mosquito Lagoon. It is the City's desire to
keep the discharge of advanced treated effluent to the Mosquito Lagoon to a minimum, and store
more reclaimed water during wet weather conditions when most of the effluent is discharged to
the surface water body.
The existing reclaimed water reuse system has some inherent deficiencies due to cost constraints
incurred during the initial phases of construction for the facility in 1990. The items of concern are
operational in nature and are listed as follows:
1. The existing 1- million gallon effluent storage tank that was converted from the
existing Cantex unit is uncovered, thus allowing the chlorine residual to dissipate
and allow algae to form within the tank.
2. The reclaimed water system does not have any provisions for post- chlorination to
maintain a residual within the system.
3. The storage capacity of reclaimed water is limited to one million gallons, thus, not
providing a sufficient storage buffer between flows generated from the treatment
processes and community reuse demand. During times of lower reuse flow (such
as rainy weather), discharge to the river is necessary and conversely, higher reuse
system flows can generate a flow deficiency.
TEL /dt/P -6 /Attach -A. tel
HAI #94- 276.18 -1- 110597
The improvements to the reclaimed water system described in items nos. 1 and 2 above are
currently under construction and should be completed by December 1997.
The holding pond option described in item no. 3 above, involves converting the abandoned
pond/borrow pit into a reclaimed water holding/make -up pond. The proposed holding pond will
serve two (2) purposes for the City. First, with the modifications described in this section, the
ponds storage capacity will be approximately 20.25 million gallons (MG), or 7.4 -days storage in
terms of the WWTP's existing permitted capacity of 2.75 million gallons per day (MGD).
Second, the holding pond will serve as an alternate source to reclaimed water for irrigation during
high community demand periods.
It is proposed that the borrow pit as it currently exists without wetland vegetation would be
bermed to a height of 6 -feet to allow for the required storage volume and a freeboard of 3 -feet,
respectively, as shown in Figures A -1 and A -2. Additionally, transfer pumps, piping, valves,
meters and instrumentation would be necessary to connect the proposed pond to the treatment
facility, as illustrated in Figure A -3. It is proposed that the rate of flow of transfer from the pond
low be that of the capacity of the existing transfer pumps that will feed the pond, which are
approximately 1,800 gallons per minute (gpm).
Conversion of the proposed pond into a reclaimed water holding facility would require a
groundwater monitoring plan, as well as maintenance of minimum setback distances from
adjoining property lines, as required in Rule 62 -610, FAC. Additionally, the St. Johns River
Water Management District (SJRWMD) has informed the City that a consumptive use permit will
be required for reclaimed water make -up when a deficient flow event occurs, and permitting
through the Florida Department of Environmental Protection (FDEP) will also be required as part
of the design process. The preliminary estimated opinion of cost for the reclaimed water system
improvements described above in the previous paragraph, is approximately $589,000.00.
The purpose of this portion of the project is to determine whether or not reclaimed water storage
in this abandoned borrow pit is viable, and the impacts on the existing groundwater surrounding
the site. As a result, a combination of engineering, hydrogeology and field services will be
required to accomplish this. The scope of services for this project has been divided into four (4)
tasks encompassing the preliminary design/engineering; survey and geotechnical services;
groundwater modeling; and report preparation.
TEL/dt/P -6 /Attach -A. tel
HAI #94- 276.18 -2- 110597
It is proposed under this scope that HAI will evaluate the existing stormwater infrastructure,
provide field services associated with the collection of data from the piezometers and monitoring
wells, groundwater modeling and determination of the impacts of storing reclaimed water on the
surrounding area, and provide preliminary engineering services associated with the proposed
improvements.
Task No. 1: Evaluation of the Stormwater Infrastructure
The City is currently utilizing this abandoned borrow pit as a stormwater management
facility. In order to ensure that these residents are not harmed by the proposed activity,
removal of all of the existing drainage facilities from connecting to the borrow pit, the
following will be performed under this task:
a. Perform a field inspection and the collection of conceptual drainage survey
information in order to verify that adjacent properties are not affected by
the proposed alternatives
b. Perform a drainage structure inventory to determine the location and
characteristics of drainage inlets, pipes, swales, ponds and other
stormwater management facilities. Time will also include a meeting with
the Public Works Department to resolve the locations of older
infrastructure that may effect the size of the drainage basin currently
supplying surface water to the borrow pit.
c. Perform a drainage basin delineation to determine the watershed size and
runoff characteristics.
d. Provide preliminary drainage calculations (no computer modeling
necessary) to determine the off -site drainage contribution, on -site drainage
contribution and retrofit stormwater management criteria and requirements.
.,. These calculations will estimate how much stormwater management is
being provided by the existing borrow pit for the existing subdivisions; and
how much proposed retrofit facilities will need to be created in order to
permit and relocate the drainage connections that are currently utilizing the
borrow pit as an outfall.
TEL/dtJP -6 /Attach -A. tel
HAI #94- 276.18 -3- 110597
e. Perform a tailwater investigation of the receiving canal water bodies and
check the overall stormwater management system and proposed retrofit
alternatives for compliance with the existing stormwater management plan
developed in 1990.
f. Investigate the feasibility of drainage system rerouting and provide retrofit
drainage alternatives to disconnect the existing drainage systems to the
borrow pit facility. Identify the critical elevations in the existing systems
that could cause surface water flooding or groundwater mounding
problems to adjacent property owners. Estimate the probable cost of all
design alternatives.
Task No 2: Field Services and Survey
It is proposed that three (3) borings to a depth of 50 feet and one (1) additional boring to
a depth of 100 feet be performed under this task. The lithology will be recorded for each
boring and the corresponding lithologies will be mapped in plan and cross - sectional views.
Now
Piezometers will be installed at the boring locations for measurement of water levels,
determination of flow direction and measurement of hydraulic conductivity. Four (4) 50-
foot piezometers with 40 feet of screen and one (1) 100 -foot piezometer with 50 feet of
screen will be constructed under this task. The piezometers will be surveyed for top -of-
casing and ground surface elevations.
In addition, three (3) 2 -inch diameter groundwater monitoring wells (2- background and 1-
compliance) will be constructed. The groundwater monitoring wells will be constructed
to a total depth of 15 feet with 10 feet of screen.
Slug tests will be conducted on the piezometers and monitor wells in order to determine
hydraulic conductivity at each location and in different intervals. These hydraulic
Nosy conductivities will be used in construction of a simple numerical groundwater flow model.
Two (2) constant rate discharge tests shall be run at the locations with well clusters for
determination of hydraulic parameters.
TEL /dt/P -6 /Attach -A. tel
HAI #94- 276.18 -4- 110597
A continuous water level recorder will be installed at one (1) well location on -site.
Periodic water level measurements in the remainder of the piezometers and monitor wells
will be performed by City personnel. Pond levels will be measured with the aid of a staff
gauge. An additional staff gauge may be installed in the adjacent pond to monitor how,
and if the two (2) ponds are connected. If possible, the relation between rainfall,
evapotranspiration, and stormwater input to the system and the changes in water level will
be conducted. This data will be used to verify the groundwater flow model.
Task No. 3: Groundwater Modeling
A mounding analysis will be performed using the data collected from Tasks nos. 1 and 2
above to determine the wet weather capacity of the proposed borrow pit, and the impacts
on the surrounding areas. The groundwater flow model that will be conducted will be a
MODFLOW model that will include topography, existing drainage features, and average
recharge conditions. In addition, a second simulation will be performed with wet weather
conditions to determine the projected mounding impacts of storing reclaimed water in this
borrow pit.
Task No. 4: Preliminary Engineering Services
The preliminary engineering services performed under this task will include compiling the
data gathered during the first two (2) tasks described above and the results of the
groundwater modeling that was performed. Based on the results of the modeling the
Report shall review and evaluate all alternative options for the City to manage and store
the reclaimed water during periods of low demand, evaluate ability to utilize stormwater
to supplement the reclaimed water demands on the system and its impacts, and ensure that
all aspects of the state and federal regulations are met. The preliminary engineering and
design report will include the following:
1. A geotechnical/materials testing investigation. The scope of work includes
,, four (4) standard penetration borings.
2. A site survey (above water level) of the existing abandoned borrow pit. In
addition top of piezometer and monitoring wells, as well as grade
elevations at each well will be obtained during this survey. The
TEL/d t/P -6/Attach-A. tel
HAI #94- 276.18 -5- 110597
topographic plan will be used for developing grading and drainage plans for
the sitework that may be required at this abandoned borrow pit.
v..-
3. Establish and evaluate the impacts associated with the storing reclaimed
water in the abandoned borrow pit through the use of the MODFLOW
groundwater model.
4. Develop list of design criteria, and basis of design data for reclaimed water
storage and management, yard piping improvements, and other
miscellaneous equipment associated with the program. General site plans
and schematics of each alternative will be provided with the Report.
5. Preliminary electrical, instrumentation and control requirements for the
various alternatives evaluated.
7. Determine preliminary capital, and annual operation and maintenance costs
(i.e., power, staffing, chemicals, etc.) for each alternative evaluated. These
costs will be coordinated with the City's utilities and financial staff .
8. Development of a table of contents of the required technical specifications
(Divisions 2 through 16) that may be required for the project.
9. The preliminary engineering and design report will be prepared
summarizing the alternatives evaluated; the impacts associated with storing
reclaimed water in the abandoned borrow pit; preliminary design
documentation for final design; and will serve as supporting documentation
required for permitting and final design. The Report will provide the City
with a recommended alternative to meet the City's desires, as well as the
state and federal regulations, and a means of meeting these goals. A total
of five (5) copies of the Draft Report will be submitted to the City for
review at the 90 percent level of completion for preliminary design. A
workshop meeting will then be held to review the City's comments. HAI
will then incorporate City's comments, complete the Report and submit ten
(10) copies of the Final Report to the City.
TEL/dt/P -6 /Attach -A. tel
HAI #94- 276.18 -6- 110597
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engineers, hydrogeologists. surveyors & management consultants PROPOSED RECLAIMED WATER HOLDING/ FIGURE
117 201 EAST PINE STREET - SUITE 1000 - °KAROO, FL 32801 MAKE -UP POND A -2
a F/ � � TELEPHONE (407) 939 -3955 - FAX (407) 839-3790 BERM AND POND CROSS - SECCTIONS
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ATTACHMENT "B"
CITY OF EDGEWATER
RECLAIMED WATER STORAGE /MAKE -UP POND
v ""` PROPOSED SCHEDULE
Days From
Item Description Notice -to- Proceed
1 City receives and executes documents from the St. Johns River 0
Water Management District (SJRWMD)
2 Authorized notice -to- proceed on engineering contract 14
3 Begin data collection and initial site visit 21
4 Complete installation of monitoring wells, piezometers and rainfall 42
monitoring devices
5 Complete field monitoring slug tests 90
6 Complete computer groundwater modeling 135
7 Submit draft preliminary engineering report to City and SJRWMD 180
8 Review draft preliminary engineering report with City and 187
SJRWMD
9 Submit final preliminary engineering report to City, SJRWMD, and 201
FDEP
10 Present final report and findings to the City Council 215
TEL /dt/P 6 /Attach -B . t el
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k,I,.,,11, w•.:_. r rC November 21, 1997 HAI 494- 276.19
Mr. Terry Wadsworth
Utilities Director
City of Edgewater
P 0. Box 100
Edgewater, FL 32132 -0100
Subject: Reclaimed Water Storage Pond and Supplement Reclaimed
Water Supply - Impact Fee Eligibility
Dear Mr. Wadsworth:
Pursuit to your request, Hartman & Associates, Inc. (HAI) has reviewed Section 19.45 "Use of
Proceeds" within the City of Edgewater's Code of Ordinances as it relates to funding the above -
referenced project. The project intent is to increase the non - potable supply of the reclaimed water
system to achieve reuse system growth which in turn reduces potable water used for irrigation. It
is HAI's opinion that this project will facilitate • growth of the reuse system as referenced within
our scope of engineering services and therefore meets the criteria of use of proceeds listed within
the Code.
If you have any questions regarding this issue, please do not hesitate to call Troy Layton or me.
Very truly yours,
Hartman & Associates, Inc.
Harold E. Schmidt, Jr., P.E.
Vice President
TEL /dt/C 15 /wads3.te1
Nor
201 EAST PINE STREET • SUITE 1000 • ORLANDO. FL 32801
TELEPHONE (407) 839 -39SS • PAX (407) 839 -3 • v. WWI. umtdtlru (um
ORLANDO 1'ORT AvLNIUI.J JACKSONVILLE I AILJ1ASSLP
AGENDA REQUEST
Date: 11/13/97
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
CONSENT AGENDA OTHER BUSINESS
Nov
ITEM DESCRIPTION /SUBJECT: Mr. Vaughn W. Crile of Red Carpet Helicopters, Inc. is
requesting City Council authorization to extend an 8" PVC water main located in the east right of way on
Air Park Road south of Park Avenue, to his proposed hangar project 930' to the south at Massey Air Park.
This line extension would be solely at the developers expense and his responsibilities include all
engineering, permitting, and line clearance costs.
BACKGROUND: In 1991, Mr. Joe Martin extended an 8" water line from Park Avenue to serve his
development on Air Park Road located at Massey Air Park. By terms of Mr. Martin's agreement with the
City, this water line became City property in 1996. Mr. Crile is requesting City water service to meet fire
protection and potable water demands at his proposed hangar development. As this request is for an out of
City water main extension, the Edgewater City Council must approve the extension as well as the terms and
conditions it may chose to impose. Due to the relative ease of this extension, I am proposing the City Field
Operations crew install this line and that Mr. Crile pre -pay the City for this work.
RECOMMENDATION /CONCLUSION: I am requesting the City Council to take action on the
following items.
1. Formally accept the existing 8" water line on Air Park Road installed by Mr. Joe Martin as property of
la the City.
2. Grant Mr. Crile permission to extend the City water line on Air Park Road 930' to his development
based on the conditions outlined in this request. Council authority to authorize this request is detailed
in Sec. 19 -22. of the City of Edgewater Code of Ordinances. (Attached)
3. The City Council may wish to consider having Mr. Crile sign an indenture with the City agreeing to
annex when his property becomes contiguous with the City boundary.
This is key industrial property and would contribute favorably to the City tax base in the future.
FINANCIAL IMPACT: Developer Contribution
FUNDS AVAILABLE: ACCOUNT NUMBER: Developer Contribution
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY: Terry A. Wadsworth, Director of Utilities
PREVIOUS AGENDA ITEM: YES _ NO XX
' Date: Agenda Item No.
Respectfully submitted: Concurrence:
Terry A Wadsworth e eth R. Hooper
Director of Utilities Interim City Manager
( E w'0 T
�� CITY OF EDGEWATER
• A' , • 104 N. RIVERSIDE DRIVE
P.O. Box 100 - Edgewater, Horida 32132 -0100
(904) 428 -3245 SunCom 371 -7005
K I1
AL1T
September 11, 1991
Mr. Joe Martin
E=ast Vo 1 us i a Engineering Company
1575 Aviation Center Parkway
Daytona Beach, FL 32114
RE: Developer Installed Water Line On Air Park Road
Dear Mr. Martin:
The purpose of this letter is to provide you with my
understanding of the conditions relating to your water line
extension on Air Park Road. In order to obtain water service For
your property, you took the following actions:
1. Determined your property was located in the Greater
Now" Edgewater Water and Wastewater Service Area (City of Edgewater
Code of Ordinances, Chapter 19, Article VIII).
2. As there is not a master plan for utility erviLe which
includes your property on Air Park, a determination was made that
an eight (8) inch line extension would provide fire flow and your
commercial water needs. (Determination was made by City Staff.)
3. You provided, at your sole expense, engineering,
permitting, labor, and materials to install the eight (8) inch
PVC water line to your building site. The City of Edgewater in
no way financially assisted you in this endeavor.
Bacteriological testing and final DER clearance to place this
line in service is currently pending.
In order to help offset your expenses on this water line,
you desire to retain ownership and negotiate a pro -rata share
from any development occurring along this line. The City has No
objection to that arrangement providing the following conditions
are met.
'err►
a. The capacity and water in the pipe are the property of
the City of Edgewater. Therefore, any connection to the
line will be liable for impact and connection fees as may be
in force at the time of connection.
b. A monthly bill for service will be rendered by the City
of Edgewater at the prevailing rate of use.
c. Any and all connections to this line pre subject to
approval by the City of Edgewater.
Page Two
low Mr. .Toe M a r t i n
September 1 1 , 1991
d. Make public documentation of costs incurred. (This is
to prevent making a "profit" on the pro -rata share.)
e. After five (5) years from the date of this letter, the
water main ownership will revert to the City of Edgewater.
f. If the maim is extended to the south, the City gains
ownership of the main after a pro -rata share cost is
negotiated.
Also be informed, the maintenance of this line shall be your
responsibility as long as you retain ownership. The City of
Edgewater utilities department has monitored construction', has
witnessed pressure tests, and helped take bacteriological samples
to ensure their validity. Should you wish to transfer this line
to the City of Edgewater for ownership and maintenance in the
future, I can recommend favorable consideration to the Edgewater
City Council.
Now If you have any questions or if I can be of further
assistance in this matter, please contact me.
Yours truly,
1 1 ; -4 -- )1 "
Terry A. Wadsworth
Director of Utilities
TAW :blj
cc: Gates Castle, City Engineer
STANDARD DEVELOPER'S AGREEMENT
THIS AGREEMENT made and entered into this first day of August
19 89 , by and between Joe D. and Mary S. Martin , hereinafter
'''r referred to as "Developer ", and the City, an incorporated municipality located within
the State of Florida, hereinafter referred to as "the City ".
WHEREAS, Developer owns or controls lands located in Volusia County,
Florida, and described in Exhibit "A ", attached hereto and made a part hereof as if
fully set out in this paragraph and hereinafter referred to as "Property ", and Developer
has or is about to develop the Property by erecting thereon, residential or commercial
improvements; and
WHEREAS, the "Property" is not located within a private utility's
certificated service area of need as provided by the Florida Public Service
Commission; and
WHEREAS, Developer is desirous of prompting the construction and /or
maintenance of central water and /or sewer facilities so occupants of each residence
or commercial improvement constructed will receive adequate water and sewer
service; and
WHEREAS, the City is willing to provide, in accordance with the provisions
and stipulations hereinafter set out, and in accordance with all applicable laws, central
water and sewer facilities, and to have extended such facilities by way of water mains,
Nor sewers, force mains, lift stations and other facilities, and to thereafter operate such
facilities so that the occupants of each residence or commercial improvement
constructed on the Property will receive adequate service from the City; and
NOW, THEREFORE, for and in consideration of these premises, the mutual
undertakings and agreements herein contained and assumed, Developer and the City
hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting
the terms as used in this Agreement and apply unless the context indicates a different
meaning:
•
(a) "Service" - the readiness and ability on the part of the City to furnish
water and /or sewer service to each lot. Thus, the maintenance by the City of
adequate pressure at the point of delivery shall constitute the rendering of
water service;
(b) "Point of Delivery" - the point where the pipes or meters of the City are
rr connected with the pipes of the consumer. Unless otherwise indicated, the
point of delivery shall be at a point on the consumer's lot line;
(c) " Contribution -in- aid -of- Construction" - the sum of money, and /or
property, represented by the value of the water distribution and /or sewerage
system constructed by Developer, which Developer covenants and agrees to
•
pay to the City, as a contribution -in- aid -of- construction, to induce the City
to continuously provide water service to the Property.
3. Developer hereby grants and gives to the City the exclusive right or privilege to
construct, own, maintain, and operate the water and sewerage facilities in, under, over
and across the present and future streets, roads, easements, reserved utility sites and
public places as provided and dedicated to public use in the record plats, or as provided
for in agreements, dedications or grants made otherwise and independent of said
record plats.
Developer hereby further agrees that the foregoing grants include the necessary right
of ingress and egress to any part of the Property; that the foregoing grants shall be for
such period of time as the City requires such rights, privileges or easements in the
ownership, maintenance, operation or expansion of the water facilities; that in the
Nor
-1-
event the City is required or desires to install any of its water facilities in lands within
the Property lying outside the streets and easement areas described above, then
Developer or the owner shall grant to the City, without cost or expense to the City,
the necessary easement or easements for such "private property" installation;
provided, all such "private property" installation by the City shall be made in such a
manner as not to interfere with the then primary use of such "private property ". The
City covenants that it will use due diligence in ascertaining all easement locations;
however, should the City install any of its facilities outside a dedicated easement
area, Developer, the successors and assigns of Developer, covenant and agree that the
City will not be required to move or relocate any facilities lying outside a dedicated
easement area so long as the facilities do not interfere with the then or proposed use
of the area in which the facilities have been installed.
The City hereby agrees that all easement grants will be utilized in accordance with
the established and generally accepted practices of the industry with respect to the
installation of all its facilities in any of the easement areas; and that Developer in
granting easement herein, or pursuant to the terms of this instrument, shall have the
rights to grant exclusive or non - exclusive rights, privileges and easements to other
entities to provide to the Property any utility services other than water and /or sewer
service.
4. Upon the continued accomplishment of all the prerequisites contained in this
Agreement to be performed by the Developer, the City covenants and agrees that it
will allow the connection of the facilities installed by Developer to the central
facilities of the City in accordance with the terms and intent of this Agreement. Such
connection shall be in accordance with rules and regulations of the Department of
Health and Rehabilitative Services and the Florida Department of Environmental
v,,,. Regulation. The City agrees that once it provides service to the Property and
Developer, or others have connected consumer installations to its system, that
thereafter, the City will continuously provide, at its cost and expense, but in
accordance with the other provisions of this Agreement, and of applicable law,
including rules and regulations and rate schedules, service to the Property in a manner
to conform with all requirements of all governmental agencies having jurisdiction over
the utility operations of the City.
5. To induce the City to provide facilities, and to continuously provide consumers
located on the Property with water services, Developer hereby covenants and agrees
to pay for the construction and to transfer ownership and control to the City, as a
contribution -in- aid -of- construction, the on -site and off -site utility systems referred to
herein.
Developer shall pay for the preparation of engineering plans and specifications of the
type and in the form as prescribed by the City, showing the on -site and off -site utility
systems proposed to be installed to provide service to the subject Property. The City
will advise Developer's engineer of any sizing requirements as mandated by the City's
main extension policy for the preparation of plans and specifications for facilities
within the Property. If applicable such detailed plans may be limited to a phase of the
*taw such and subsequent phases may be furnished from time to time. However, each
such phase, if applicable, shall conform to a master plan for the development of the
Property and such master plan shall be submitted to the City concurrent with or prior
to submission of plans for the first phase. All such plans and specifications shall be
submitted to the City and no construction shall commence until City has approved
such plans and specifications in writing. After approval, Developer shall cause to be
constructed, at Developer's expense, the utility systems as shown on all plans and
specifications.
During the construction of the utility systems by Developer, the City shall inspect
such installation to determine compliance with the plans and specifications, adequacy
of the quality of the installation, and further, shall be entitled to perform standard
tests for pressure, filtration, line and grade, and all other normal engineering tests
required by specifications and /or good engineering practices. Complete as -built plans
shall be submitted to the City upon completion of construction.
Fees will be levied by the City to cover the cost of plan review and inspection.
Developer shall also be required to pay for water meters and meter installation of
sufficient capacity for the usage projected.
- 2 -
By these presents, Developer hereby transfers to the City, title to all utility systems
installed by Developer's contractor, pursuant to the provisions of this Agreement.
Such conveyance is to take effect without further ,action upon the
acceptance by the City of the said installation. As further evidence of said transfer to
title, and upon the completion of the installation and prior to the rendering of service
by the City, Developer shall convey to the City, by bill of sale, in form satisfactory to
*re the City's counsel, the complete on -site and off -site utility systems as constructed by
Developer and approved by the City. Developer shall further cause to be conveyed td
the City, all easements and /or rights -of -way covering areas in which lines are installed
by recordable document in form satisfactory to the City's counsel. All conveyance of
easements of rights -of -way shall be accompanied by a title policy or other evidence of
title, satisfactory to the City, establishing Developer's rights to convey such
continuous enjoyment of such easements or rights -of -way for those purposes set forth
in this Agreement to the exclusion of any other person in interest. The use of
easements granted by Developer shall include the use by other utilities so long as such
uses by electric, telephone or gas utilities do not interfere with use by the City. The
City agrees that the acceptance of the utility distribution systems, installed by
Developer, for service, or by acceptance of the bill of sale, shall constitute the
assumption of responsibility by the City for the continuous operation and maintenance
of such systems from that date forward.
If central water or sewer service is not immediately available, the Developer may
construct interim water supply and treatment and /or wastewater treatment and
disposal facilities at the cost of the Developer in accordance with local, state and
federal regulations. Construction of interim facilities is in addition to the payment of
all utility fees, rates and charges of the City. Such interim facilities shall be removed
and /or approximately decommissioned and connection to the City's central system is
,oary required within 180 days of service availability noticed to the Developer. Other
specific conditions are presented in Section 17 herein.
All installations by Developer or its contractor shall be warranted for one year from
date of acceptance by the City. Mortgagee, if any, holding prior liens on such
properties shall be required to release such liens, subordinate their position and join in
the grant or dedication of the easements or rights -of -way. All water distribution
facilities shall be covered by easements if not located within platted or dedicated
rights -of -way.
Whenever the development of the subject Property involves one consumer or a unity of
several consumers, and in the opinion of the City, ownership by the City of the
internal system is not necessary, then, at the sole option of the City, Developer,
successor or assigns, shall retain ownership and the obligation for maintenance of such
on -site facilities, located on the discharge side of a master meter, as consumer
installations.
Payment of the contribution -in- aid -of- construction does not and will not result in the
City waiving any of its rates, rate schedules or rules and regulations, and their
enforcement shall not be affected in any manner whatsoever by Developer making the
contribution. The City shall not be obligated for any reason whatsoever nor shall the
Now City pay any interest or rate of interest upon the contribution. Neither Developer nor
any person or other entity holding any of the Property by, through or under Developer,
or otherwise, shall have any present or future right, title, claim or interest in and to
the contributions or to any of the facilities and properties of the City, and all
prohibitions applicable to Developer with respect to no refund of contributions, no
interest payment on said contributions and otherwise, are applicable to all persons or
entities. Any user or consumer of services shall not be entitled to offset any bill or
bills rendered by the City for such service or services against the contributions.
Developer shall not be entitled to offset the contributions against any claim or claims
of the City.
6. Within a period of thirty • (30) days after the execution of this contract, at the
expense of the Developer, Developer agrees to either deliver to the City an Abstract
of Title, brought up to date, which abstract shall be retained by the City, and remain
the property of the City, or to furnish the City an opinion of title from a qualified
attorney at law or a qualified title insurance company with respect to the Property,
which opinion shall include a current report on the status of the title, setting out the
name of the legal title holders, the outstanding mortgages, taxes, liens, and covenants.
The provisions of this paragraph are for the exclusive rights of service contained in
-3-
this Agreement. Any mortgage or lien holder having an interest in the Property shall
be required to join in the grant of exclusive service rights set forth in this Agreement.
7. Developer agrees with the City that all facilities conveyed to the City for use in
connection with providing service to the Property, shall at all times remain in the
complete and exclusive ownership of the City, and any entity owning any part of the
Property or any residence or building constructed or located thereon, shall not have
the right, title, claim or interest in and to such facilities, or any part of them, for any
purpose, including the furnishing of services to other persons or entities located within
or beyond the limits of the Property.
8. Notwithstanding any provision in this Agreement, the City may establish, revise,
modify and enforce; rules, regulations and rates covering the provision of water
service to the Property. Such rules, regulations and rates are subject to the approval
of the City Council of City of Edgewater. Such rules and regulations shall at all times
be reasonable and subject to regulation as may be provided by law or under contract.
Rates charged to Developer or consumers located upon the Property shall be identical
to rates charged for the same classification of service in the particular service area.
All rules, regulations and rates in effect, or placed into effect in accordance with the
preceding, shall be binding upon Developer, upon any other entity holding by, through
or under Developer; and upon any consumer of the water service provided to the
Property by the City.
9. Developer, or any owner of any parcel of the Property, or any occupant of any
residences or building located thereon, shall not have the right to and shall not connect
to any consumer installation to the facilities of the City until approval for such
connection has been granted by the City.
`fir
10. This Agreement shall be binding upon and shall inure to the benefit of Developer,
the City and their respective assigns and successors by merger, consolidation or
conveyance. This Agreement shall not be sold, conveyed, assigned or otherwise
disposed of by Developer without the written consent of the City first having been
obtained. The City agrees not to unreasonably withhold such consent.
11. Until further written notice by either party to the other, all notices provided for
herein shall be in writing and transmitted by messenger, or by mail at: P.O. Box 100,
Edgewater, Florida 32032; and if the City, shall be mailed or delivered to: City
Engineer, City of Edgewater, City Hall, 102 N. Riverside Drive, Edgewater, Florida
32032.
12. The rights, privileges, obligations and covenants of Developer and the City shall
survive the completion of the work of Developer with respect to completing the water
facilities and services to any phase area and to the Property as a whole.
13. This Agreement supersedes all previous agreements or representations, either
verbal or written, heretofore in effect between Developer and the City, made with
respect to the matters herein contained, and when duly executed, constitutes the
agreement between Developer and the City. No additions, alterations or variations of
the terms of this Agreement shall be valid, nor can provisions of this Agreement be
waived by either party, unless such additions, alterations, variations or waivers are
expressed in writing and duly signed. This Agreement shall be governed by the laws of
the State of Florida, as well as all applicable local ordinances of the City of
Edgewater and it shall be and become effective immediately upon execution by both
parties hereto. In the event that the City or Developer is required to enforce this
Agreement by court proceedings or otherwise, by instituting suit or otherwise, then
the City or Developer shall be entitled to recover all costs incurred, including
reasonable attorney's fees.
14.In the event that the performance of this Agreement by the City is prevented or
interrupted in consequence of •any cause beyond the control of the City, including but
not limited to Acts of God or of the public enemy, national emergency, allocation or
of other governmental restrictions upon the use or availability of labor or materials,
rationing, civil insurrection, riot, embargo, flood, tidal wave, fire, explosion, bomb
detonation, nuclear fallout, wind storm, hurricane, earthquake, or other casualty or
disaster or catastrophe, unforeseeable failure or breakdown of pumping transmission or
other facilities, any and all governmental rules or acts or orders or restrictions or
regulations or requirements, acts or actions of any government or public or
governmental authority or commission or board or agency or agent or official or
' 'err
-4-
officer, the enactment of any statute or ordinance or resolution or regulation or rule
or ruling or order, order or decree or judgement or restraining order or injunction of
any court, said party shall not be liable for such nonperformance.
15. There shall be no liability whatsoever on the part of the City for failure to deliver
service to Developer according to Developer's needs or schedules. This Agreement
constitutes a promise of good faith and not a timetable for delivery of utility services.
16. The execution of this Agreement between Developer and the City does not
constitute a specific reservation of capacity by Developer, and the City does not
hereby guarantee that capacity will be available for Developer's project at any later
date. Any specific reservations of capacity must be detailed within the body of this
Agreement, under the heading "Special Conditions ", and such capacity shall be so
reserved, for a definite period of time only upon the payment of appropriate fee, or
negotiated between the parties, by the Developer to the City.
17. SPECIAL CONDITIONS
(Fill in, if any.)
IN WITNESS WHEREOF, Developer and the City have executed or have
caused this Agreement, with the named Exhibits attached, to be duly executed in
several counterparts, each of which counterpart shall be considered an original
executed copy of this Agreement.
ATTEST: CITY OF EDGEWATER (3 6 3 ) Clerk By: ' , �.,
Y
B / - v
WITNESSES: DEVELOPER:
,C)
4 /02 z5p,e/A 41111-al
vl..
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this 2nd day of August 1989, before me
personally appeared Joe D. Martin
and Mary S. Martin , to me known to be
the persons who signed the foregoing instrument, and each of whom
acknowledged the execution thereof to be their free act.
WITNESS my signature and official seal at said County and State,
the day and year last aforesaid.
Notary Pub - State of F l o da
err My Commission Expires:
Notary Pubic, State of Raids
My Commission Expires Nov. 29, }991
bonded Thru Troy Fain - Insurance Inc.
- 5 -
•
•
•
•
EXHIBIT A
LEGAL DESCRIPTION
Lot 8, MASSEY INDUSTRIAL AIRPARK being an unrecorded sub-
division and described as follows: A part of U.S. Lot 4,
Section 31, Township 17 South, Range 34 East and being more
particularly described as follows: Commence at the Southeast
"u' corner of U.S. Lot 4, Section 31, Township 17 South, Range
34 East; thence S69 °15'31 "W along the Southerly line of said
U.S. Lot 4, a distance of 232.13 feet; thence N06 °45'31 "W, a
distance of 51.33 feet; thence S69 °15'31 "W, a distance of
416.65 feet; thence N20 °46'36 "W, a distance of 278.60 feet
for the POINT OF BEGINNING; thence S69 °15'31 "W, a distance
of 429.41 feet to the Easterly R/W line of Air Park Road, a
50 feet R/W as now laid out; thence N 20 °46'36" W along said
Easterly R/W line, a distance of 253.60 feet; thence
N69 °15'31 "E, a distance of 429.41 feet; thence S20 °46'36 "E,
a distance of 253.60 feet to the POINT OF BEGINNING.
The Easterly 50.00 feet subject to a drainage easement and
the Westerly 100.00 feet of the Easterly 150.00 feet of the
above described property is subject to a 100.00 foot
taxiway.
Said property contains 2.50 acres more or less.
Bearings based on, the North line of Florida Shores Unit No.
Now
4 per Map Book 23, page 104 being S88 °41'44 "W.
Site will also include an easement for point use driveway
and taxiway between lots 8 & 9, Massey Industrial Airpark.
Said easement is 20' either side of the common lot line.
•
7.C.
AGENDA REQUEST
Date: November 19, 1997
PUBLIC
�'" HEARING RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS x CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT;
Purchase of (2) two 1/2 ton pickup trucks for replacement.
BACKGROUND:
The Parks and Recreation Department is budgeted to replace (2) two vehicles of
its fleet. These vehicles are 12 years old and are becoming very expensive to
maintain and operate.
RECOMMENDATION /CONCLUSION:
y Staff requests that the City Council approve purchasing (2) two 1/2 ton pickup
trucks on the State of Florida Term Contract 070 - 500 -410 from Bell Chevrolet,
Inc. for the sum of $13,817.20 each, with option #8007- Long Bed (CC10903) for
$267.44 each. The total per truck will be $14,084.64 and the total for both
trucks will be $28,169.28.
FUNDS AVAILABLE: (ACCOUNT NUMBER) 10572 - 56640
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED
PREVIOUS AGENDA ITEM: YES NO x
DATE: AGENDA ITEM NO.
Respectfully submitted,
�- ��
Ja Corder, Director of Parks & Recreation
Concurrence:
•
Ken Ho er, 1 rim City Manager
010- 500 -410 1/z I UN HUKUN I KUI:K, 4A2
070 - 500 -410 1/2 TON PICKUP TRUCK, 4X2
(4)
NOTE: This detailed specification is not complete unless it is used in conjunction with Specification
Number SRAT -1, SPECIAL REQUIREMENTS ALL AUTOMOBILES AND LIGHT TRUCKS.
INTENDED VEHICLE USE
USED FOR HAULING BULK MATERIAL, LIGHT TO MEDIUM DUTY TOWING AND
TRANSPORTATION OF UP TO THREE INDIVIDUALS ON THE HIGHWAY AND OFF THE
HIGHWAY ON UNIMPROVED ROADS.
STD CARGO AREA: 77" X 64" X 49" (Between wheel housings)
STD WORKING CARGO CAPACITY: 1400 LBS. (Approx. net capacity, deducti
weight of driver and one passe
STD TOWING CAPACITY: 2000 LBS.
OPT CARGO AREA OPT 8007: 97" X 64" X 49" (Between wheel housings)
OPT WORKING CARGO CAPACITY: 1550 LBS. (Approx. net capacity, deducti:
weight of driver and one passe
PERFORMANCE OPTIONS CARGO LBS. OR TOWING LBS.
OPT 1004 V8 ENGINE 1400 OR 4000
OPT 2006 TRAILER TOW PKG 1400 OR 5000
"%o• OPT 2007 TRAILER TOW PKG 1400 OR 7500
10. ENGINE: Gasoline engine, V6, minimum 3.9L (239 CID) and 175 Net HP; standard alternator an
battery; standard cooling system.
20. TRANSMISSION: Minimum 4 speed automatic with overdrive.
30. AXLES: Standard axle ratio for specified engine/transmission combination.
40. PERFORMANCE ITEMS: Standard instrumentation; power steering.
50. COMFORT ITEMS: Air conditioning; all glass tinted; AM -FM radio; vinyl seat upholstery.
60. SAFETY ITEMS: 4 -wheel anti -lock braking system; air bag(s); dual outside mirrors; interior dom
Standard air bag or air bags may not be deleted. Fleet deletes for air bag(s) may not be used.
70. TIRES & WHEELS: Five (5) P235/75R15 or larger radial BSW all season tread tires; spare tire,
and rack to be frame mounted; jack and lug wrench.
80. CHASSIS, FRAME, CAB: Minimum 5550 lbs. GVWR; minimum 1700 lbs. payload; wheelbase 1
minimum, 120.0" maximum; fleetside body, minimum 77.0" inside box length; minimum width 49.
between wheel housing; painted or chrome front bumper; heavy -duty step -type rear bumper, facto
installed, bumper shall have a minimum capacity of 4000 lbs. horizontal pull weight and 400 lbs. v
tongue weight; all manufacturer's standard colors.
STATE: GVWR 6100 PAYLOAD 2000
` , r ,. 90. CONDITIONS: All enclosed Conditions and Requirements shall apply.
070 - 500 -410 MAKE CHEVROLET /GM C1500 1/2 TON PICKUP, 4X2
(4)
1 of 6 11/18/97 11:43:08
U/U- b9U-41 U 1/L I UN r I KuLn, 4u , r
CONTRACTOR DISCOUNT* MODEL# PRICE
Western District KAISER PONTIAC /GMC $60.00 CC10703 $13,890.00(A)
Northern District BELL CHEVROLET $50.00 CC10703 $13,817.20(B)
Central District BELL CHEVROLET $40.00 CC10703 $13,785.95(C)
Southern District LOU BACHRODT 0 CC10703 $13,805.00(D)
CHEVROLET
'Is' NOTE: ONLY THE ABOVE NAMED CONTRACTOR(S) IS /ARE AUTHORIZED TO SELL THIS
COMMODITY UNDER THIS CONTRACT!
FACTORY CUTOFF DATE:
*Discount per unit for vehicle picked up by ordering agency at contractor's place of business.
Approximate delivery time required after receipt of order: (KP) 90 -120 DAYS
(BC) 90 DAYS
(LB) 60- 90 DAYS
****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
STATE USE ONLY
BASE VEHICLE: EPA MILEAGE 18 LIFE CYCLE FUEL COST $ 4,444.00
OPTION 1004: EPA MILEAGE 17 LIFE CYCLE FUEL COST $ 4,705.00
******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
OPTION: 070 - 500 -411- Option, Pickup Truck, 1/2 ton, 4X2, Spec. 4
OPTIONS: (KP) KAISER PONTIAC, (BC) BELL CHEVROLET, (LB) LOU BACHRODT CHEV.
1004 Gasoline engine, V8, minimum 4.6L (281 CID) and 210 Net HP.
(KP)CODEL30,ISA PRICE $1,946.00
(BC)CODE L30 PRICE $1,862.30
(LB)CODE L30 PRICE $1,855.00
• (NOTE TO USER: DO NOT ORDER THIS OPTION WITH OPTIONS 2006, 2007, OR OPTIC
8016)
1006 O.E.M. alternative fuel conversion ready engine. To include all internal modifications required for
aftermarket conversions for operation of natural gas. State engine manufacturer and model no. bid
MANUFACTURER MODEL NO.
N (KP)CODE PRICE N/A
(BC)CODE PRICE N/A
(LB)CODE PRIC3 N/A
(REV 6 DEC 96)
2002 Manual overdrive transmission, 5 -speed minimum.
2 of 6 11/18/97 11:43:08
070 - 5.00 -410 1/2 TON PICKUP TRUCK, 4X2
8006 Long cab model, maximum 80.0" inside box length, with maximum 141.5" wheelbase. Minimum E
GVWR; minimum 1800 lbs. payload.
(KP)CODECC 10753 +ISA PRICE $3,170.00
(BC)CODECC10753 PRICE $3,145.54
GVWR 6200 PAYLOAD 1890 (LB)CODECC10753 PRICE $3,235.49
8007 Long bed model. Minimum 6000 lbs. GVWR; minimum 1850 lbs. payload for standard cab model
minimum 97.0" inside box length.
(KP)CODECC 10903 PRICE $269.00
GVWR 6100 PAYLOAD 1944 (BC)CODECC10903 PRICE $267.44
(LB)CODECC 10903 PRICE $414.00
8009 Special state color. Jade Green Metallic (DuPont Centari K9027A). Factory painted if available. S
SPECIFICATION SRAT -1, NOTE 1.
(KPBC) MINIMUM OF 5 UNITS. (KP)CODE 9027 PRICE $ 61.00
(BC)CODEPAINT G PRICE $ 91.76
(LB) MINIMUM OF 10 UNITS (LB)CODEDP90271/TGK PRICE $103.00
8012 Special state colors, two -tone. Olympic White (DuPont Centari K9031A) above dripstrip on cab a
DOT Yellow (DuPont Centari L9069A) on remainder of cab. Factory painted if available SEE
SPECIFICATION SRAT -1, NOTE 1.
(KPBC) MINIMUM OF 5 UNITS. (KP)CODE9W3 /12 PRICE $125.00
(BC)CODEPAINTWY PRICE $261.23
(LB) MINIMUM OF 10 UNITS (LB)CODEDP90692 /TGK PRICE $320.00
(REV 6 DEC 96)
8016 Long cab model, minimum 97.0" inside box length; minimum 155.0" wheelbase. Minimum 6000 It
GVWR; minimum 1650 lbs. Payload.
GVWR 6200 PAYLOAD 1656 (KP)CODE TC10953+ 1 SA PRICE$4,240.00
(BC)CODECC10953 PRICE$3,983.12
(LB)CODECC 10953 PRICE$3,988.00
(NOTE TO USER: INCLUDES OPTION 1004)
8021 Special state colors, two -tone. Woodsmoke Gray Enamel (DuPont Centari K9029A) and Black (I
Centari 99A). Factory painted if available. Paint scheme to be provided by the Florida Marine Patr
SPECIFICATION SRAT -1, NOTE 1.
low (KP) MINIMUM OF 5 UNITS (KP)CODE 9029/ 99A PRICE $250.00
(BC)CODEPAINTFMPPRICE $816.76
(LB) MINIMUM OF 10 UNITS (LB)CODEDP90242 /TGK PRICE $320.00
9904 Manufacturer's Extended Vehicle Warranty. Warranty shall be for a period of 5 years or 75,000 m
whichever occurs first. SEE SPECIFICATION EVW 5/75.
of 11/18/97 11:43:08