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11-20-2000 (.) o ;:-1 V oring Order Councilman Brown Councilman Vincenzi CouncihromanRhot:ks Councihromanlichter Mayor Schmidt ; AGENDA CITY COUNCIL OF EDGEW A TER REGULAR MEETING November 20, 2000 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES None at this time. 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS A. William Inklebarger requesting $2,250 sponsorship of the Pop Warner Midget Football Team. 4. CITIZEN COMMENTS (This is the time for the public to come forward with any comments they may have. Please state your name and address, and please limit your comments to five minutes or less.) 5. CITY COUNCIL REPORTS 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS B. Res. No. 2000-R-17, approving the Statewide Mutual Aid Agreement with the State of Florida, Department of Community Affairs and authorizing execution of same by the City Manager. 7. CONSENT AGENDA Items on the consent agenda are defined as routine in 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 Council member. A. Professional Services Agreement - staff recommending approval of Agreement with Malcolm Pirnie, Inc. to perform a treatment process evaluation study for a cost not to exceed $24,843 and authorize the Mayor or City Manager to execute the Agreement (request approved October 23, 2000, item 8.B.) B. Planning & Zoning Board Appointment - Councilwoman Rhodes to consider Board's recommendation to appoint Pete Hellsten to fill the remaining term of Michael Azzarello who recently resigned. C. Volusia County Metropolitan Planning Organization (VCMPO) Funding Agreement - staff recommending approval to enter into the Agreement and forward the City's dues in the amount of$I,851.00. 8. OTHER BUSINESS None at time time. 9. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 10. CITIZEN COMMENTS/CORRESPONDENCE 11. ADJOURN. u o -t City Council Agenda November 20, 2000 Page -2- Notes: 1) Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to five minutes or less. 2) All items for inclusion on the December 4, 2000, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, November 27, 2000. Pursuant to Chapter 286, FS., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the meeting. :ejrn F:\agendas\112000reg .? ~ o o o ~.8. AGENDA REQUEST Date: November 13,2000 PUBLIC HEARING ORDINANCE RESOLUTIONS CONSENT OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: William D. Inklebarger submitted a request on behalf of the New Smyrna area Youth Football Association (Pop Warner Midget Football Team). The Pop Warner Midget Football Team recently won the Mid Florida Championship title with their next goal set for the "SuperBowl" at DisneyWorld in December. Mr. Inklebarger has been informed by the Association that they do not have sufficient funds left to support the team and is requesting the City fund the Miami game that is scheduled for November 25th. In his letter of request, it was stated the cost is approximately $150.00 per player, with 15 players that live within the City of Edge water. Sponsorship of the entire team would be a total cost of $2,250.00. BACKGROUND: The City Council promotional budget for FY 2000 - 2001 is $ 5,350.00 The following fees have already been expended from the promotional line code: Board appreciation luncheon $1,796.02 S.C.O.R.E $1,054.00 Volunteer pins $ 600.00 Ad for New Smyrna Beach High School newspaper $ 50.00 To date promotional expenses spent Current balance in the promotional line code: $3.464.02 $1,885.98 During the 1999-2000 budget a request came in from Spruce Creek High School asking assistance to send 7 students from Edgewater to the Rose Bowl Parade. The Council approved $50.00 per Edgewater student. STAFF RECOMMENDATION: Since this request is similar to the Spruce Creek request, and if Council wishes the same amount be provided for Mr. Inklebarger's request, costs would be 15 Edgewater boys @ $50.00 for a total of$750.00. ACTION REOUESTED: Motion to approve the expenditure of$750.00 in support of the Pop Warner Midget Football Team. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: NO x YES DATE: AGENDA ITEM NO. Respectfully submitted, -sd-~ '1"<"",,,,,,& ~\\eo~ ~ ~ Kenneth R. Hooper, City Mana er \ \) J '{ -'-E~-",c;\";r' ~~~ ~,. v. - (t~ ~\~.f ;,(~ '~''''''~'':""""Y I. '.. "' , L~ o G1 Ti' llliA-.'I!H;.;...... November 9, 2000 The City of Edgewater His Honor the Mayor City Council of Edgewater 104 N. Riverside Drive Edgewater, FL 32132 Dear Ladies & Gentlemen; I have had the greatest pleasure to coach a great bunch of kids. Our New Smyrna Beach Pop Warner Midget Football Team won the Mid Florida Championship in Orlando last weekend. To my knowledge, it has been more than 20 years since this Organization has accomplished this. I have been coaching these boys, which range in age from 12 to 15, for the last six years. They have really come together as a team and overcome great obstacles. Our goal is to play in the "SuperBowl" at DisneyW orld in December. But the o road to the SuperBowlleads through Miami. I have been informed by our Organization that we don't have sufficient funds left to support our team of winners. This truly would be a disappointment not only for the boys, but also for myself as I have coached many of them since they were 7 years old. The trip to Miami will require a bus for 2 days, and hotel for 1 night. Weare required to travel to Miami and weigh in on Friday, November 24th, and play our game on Saturday, November 25th. It should cost approximately $150 per player. We have 15 boys that live in the city of Edgewater. Due to the financial difficulty this presents, I respectfully request any financial help you may give us to support our efforts in going forward with this great bunch of kids. I have included a list of the boys who reside in the city of Edgewater. Sincerely, v0~ o William D. Inklebarger Head Coach New Smyrna Area Youth Football Association Senior Midget Coach 2000 ? o o Timothy Britain Shawn Camp Mike Shannon Josh Cohen Justin Davis Adam Drwiega Joe Holland Eric Faullmer Steven Faullmer Derek Smith Bryan Inklebarger Robert Enamait Lance Cameron Evan Binford Eric Hall o - Office of Mayor City of Edgewater 139 E. Park Avenue Edgewater, FL 32132 ; ,'~: :t~:, (~ ~~.~"!:r .'1r~ ~;C = T I 6 !.:l 11: I 2 ~ .- j - " ~~ ~ - , ; ~ ~"', //" ~ Dear Mayor and Council: Q Please forgive me for not understanding the procedure for expressing myself at the budget meeting Monday Sept. 25, as I sat there like a big dummy and let my chance to speak go by. I beg your forgiveness for the added burden and drain on your time as I would like to bring to your attention what I believe is merely an oversight As a business owner in Edgewater for over 20 yrs. I'm always concerned with the development of our local youth, as I know you in our city government are. I have sponsored several athletic groups raised funds for several more. I've been and still am active in the Boy Scouts as well as many area Christian Youth undertakings. It has come to my attention that we as a community have overlooked a sport as well as an oreani7.~tion, which embodies the Spirit of America, (FOOTBALL)!!! As pertaining to our youth and the future of the sport of football, I'm talking about the organization known as (pop Warner). Our youth and we in Edgewater comprise nearly half the teams for Southeast Volusia. The figures are 1 IO boys out of 250 registered for football and an undetermined number of girls taking part in the cheerleading training provided by Pop Warner Clubs. I am concerned because, as great a'symbol as this sport is to the spirit and image of America it is the hardest to maintain due to its enormous expense in equipnient To this date we in Edgewater have not shared in any of this burden! New Smyrna donating not only the stadium., practice fields, utilities and staff as well as all the meeting and training facilities has undeniably carried the load. The budget for this season is right at 50,000 dollars alone from any other sport. Of which only 20,000 dollars is acquired through sign up fees from participating families. Leaving the majority of the budget 30,000 dollars to be raised through Donations and FundRaisers. Sponsorships are not used so that the individual team's identity will be conformed to represent the area in which they exist This enhances the image of that area mascot (CUDAS) which simply makes them an extension of that identity for further advancenient into high school. None the less, keeping this wonderful non-profit orfilni7ation going with the training and certifying of coaches of whom I am one, and maintaining the quality of equipment to . ensure our children's safety as well as a host of underlying expenses. It takes money! In the past Southeast Volusia County luJs at best only been able to make a poor showing in this sport. This due mainly to the laclc of funds needed to better equip our teams, but ultimately coming from a laclc of awareness by all supporting areas of the need for their participation physically, spiritually and monetarily. This is why at this time I am submitting mine and a lot of other folks request for Edgewater the City to come on board with Pop Warner's effort in SE. Volusia to make our football image all that it can be. For your consideration we are submitting our request for less than $10.00 per child not taking in to account the large number of girls participating in the cheerIeading squads and their uniform costs, which you can consider if you like? But, we need some help Gentlemen! We're asking that you make a commitment to Edgewater's football youth and Pop Warner to the sum of $10,000 dollars and to set aside funds for next season to promote the sport I'd personally like thank you individually at this time for all of us gridiron lovers out here! GOD BLESS! Sincerely, t ~~ Ed Ellison o Ed Ellison C/O Country Barber Shop 1413 S. Ridgewood Ave. Edgewater, FL 32132 IlAVOR OIS ItdCT 1 ClSTRICT 2 OISTnICT 3 ,./ .' OlSTRICT. CITY MANAGER eJ'I~f-t'tlI1U ~( 1~/d/4rvC[ u Q u '" . .' ~.~. AGENDA REQUEST C.A. NO.: 2000-127 Date: November 9. 2000 PUBLIC HEARING RESOLUTION 11/20100 ORDINANCE CONSENT OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution No. 2000-R-17 A Resolution approving the Statewide Mutual Aid Agreement with the State of Florida, Department of Community Affairs and authorizing execution of same by the City Manager Statewide Mutual Aid Agreement BACKGROUND: The State of Florida, Department of Community Affairs has forwarded the new Statewide Mutual Aid Agreement for all local governments. The agreement identifies directions for the requesting of and response to post disaster mutual aid requests beyond county inter-local agreements. This Agr~e~ent also ~larifies the reimbursement procedl!res and submission timelines for responding and receIvmg agencIes. ST AFF RECOMMENDATION: Staff recommends that City Council consider approval of the State of Florida, Department of Community Affairs Statewide Mutual Aid Agreement and authorize the City Manager to execute the Agreement and any additional documentation related to the Agreement. ACTION REQUESTED: Motion to approve the State of Florida, Department of Community Affairs Statewide Mutual Aid Agreement and authorize the City Manager to execute the Agreement and any additional documentation related to the Agreement. ~ u o . FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Concurrence: CYd~0J~A~rX Robin L. atusick \ Legal Assistant ~~~f' \,~, Kenneth R. Hooper \ r City Manager rlm . u o o ,4 STATE OF flORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor STEVEN M. SEIBERT Secretary September 13,2000 R r- i',"", r-~' J 'a ! r 0 ' , - '\ 'l'~ 1,: ,-- , ' J. , I :1..... '...'" ......_.. \. ._~ MEMORANDUM n.... T - .... I! ; f~' ',,,nn - v I ......... t.1',,;,.J TO: FROM: All Political Subdivisions )Ie..~ ~ Josepfl. F. Myers, Director Division of Emergency Management Edgewater Fire Rescue SUBJECT: Execution of the New Statewide Mutual Aid Agreement, dated July 31,2000 When disasters strike, the initial resources to protect the health and safety of our citizens will come from local efforts including Municipal and County resources. However, if the response and/or the recovery efforts are beyond the capability of local resources, requests for assistance will be made to the State. If the disaster exceeds the State's ability to support local governments, the State may request additional assistance through the Emergency Management Assistance Compact or from Federal assistance to supplement the State's efforts. A proven method to augment emergency resources in a cost effective and timesaving manner is through the implementation of mutual aid agreements. Over the past six years, the Division of Emergency Management has become a strong proponent of participation in the Statewide Mutual Aid Agreement. Currently, we recognize the process can be further strengthened with the inclusion of independent special districts. Mutual aid agreements are encouraged to maximize and coordinate the use of available resources within the State and to ensure faster reimbursements. Utilizing mutual aid agreements, regardless of the funding sources, is the best way to supplement emergency assistance to protect the health and safety of the residents located within the impacted area and is cost effective. The Statewide Mutual Aid Agreement was revised due to lessons learned from problems which arose since its inception in 1994. The Division ofE~ergency Management has replaced the previous Statewide Mutual Aid Agreement, dated April 27, 1994 and superseded the Public Works Mutual Aid Agreement due to a minimum scope of activity and public works being included in the new Statewide Mutual Aid Agreement, dated July 31, 2000. The April 27, 1994, document will remain in effect to give local and regional governmental entities time to sign the new Agreement by June 30, 2001. 2555 SHUMARD OAK BOULEVARD. TAllAHASSEE, FLORIDA 32399-2100 Phune: 850.488.8466/Suncom 278.8466 FAX: 850,921.0781/Suncom 291.0781 In t er net d d dr e s s :. http://www.dcoJ.5Iale.il.us CIlHlCAl Sf ATE CO"CER~ fiElD OffICE 2;"WJ.On'h(,'J') HighwJ~'. Suih' 21:! M.HJtholl. II JjOjO.~:!~: (t051 2K'J.l.W~ CO,\\MUNITY PLANMNG 255~.Shu~(d OJL.: Buult"YJ.ftJ- r .iIlJnJ"o;et.'. II ,'~ Jt)CI.~ 100 (e SOl .H1l1.2 J 51, E.\IERGE....CY ,\IA ....AGE.\\E!'IT . 2555 S.U,.II'r.c1~'': O.:.a' e'Juh:~"'J,d 1...IIJhJS~':". H. ;:; ';';.2 100 (~:Ol -11 ~.'I.~t." HOUSING & COMMUNITY DEVElOPMENT 2555 Shum.:ud O.l Bouk'v.rd TJIIJhJ\st...f.... n 32399.2100 (l:S501 -IlUS~71)5(. ;; u v Q , All Political Subdivisions September 13,2000 Page Two Despite the omission of independent special districts from the original agreement, many districts have responded to requests during past disasters. Adding independent special districts as a party to the Statewide Mutual Aid Agreement is a significant substantive change from the original agreement and creates access to a broader array of resources. The Division of Emergency Management requests all Counties, Municipalities, Community College Districts, School Districts and Independent Special Districts to sign the new Statewide Mutual Aid Agreement, acknowledging the acceptance of the new terms and parties. With the addition of the 900 plus Independent Special Districts, i.e., (Community College Districts, School Districts, Soil and Water Conservation Districts, Reedy Creek Improvement District, Special Fire Control Districts, Fire and Rescue Districts, Mosquito Control Districts, Water Management Districts, Water and Sewer Districts, Water Control Districts, Navigation Districts, Drainage Districts, Educational Districts, Port Districts), to the Statewide Mutual Aid Agreement, Florida will expand its resources and address all public entities needing assistance. Some of the major differences in the new Statewide Mutual Aid Agreement are: . There is no modification to sign along with the new Agreement as before. . The new Agreement includes goverrunental entities of every description. . The new Agreement makes use of binding arbitration to settle billing disputes between parties. . No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. The new Statewide Mutual Aid Agreement also provides for the following: . The execution of the new Agreement by any Participating Party, which is a signatory to the Statewide Mutual Aid Agreement of 1994, will terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that Agreement, but such termination will not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. . The Statewide Mutual Aid Agreement of the year 2000 will continue to be in effect for one year from its date of execution by a Participating Party, and it will be automatically renewed one year after its execution unless within sixty days before that date the Participating Party notifies the Department of Community Affairs in writing of its intent to withdraw from the Agreement. . v '-> u .4 All Political Subdivisions September 13,2000 Page Three . The execution of the new Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement will terminate the rights, interest, duties and responsibilities and obligations of that Participating Party under that Agreement, but such termination will not affect the liability of the Participating Party for the reimbursement of any cost due under .that agreement, regardless of whether billed or unbilled. . Unless superseded by the execution of this Agreement in accordance with Section A, Article XI, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. In order to become a party to the attached Statewide Mutual Aid Agreement, submission of your signed agreement must include the following: I.l~A separate com~letedcopy ofFo~A (~UthOrized~epresentatives Contact) for the county, mUnICIpalIties, and all mdependent speCIal dlstncts. 2. A Resolution or a copy of meeting minutes from each governing board showing governing board approval. 3. A Certificate of Insurance or other evidence of insurance coverage for each county, municipalities, and/or independent special districts. Thank you for your immediate response to this very important document. Should you have questions regarding the aforementioned, please call Ms. Janice L. Jones, Planner at (850) 413-9974 or Mr. Alfred o. Bragg, Assistant General Counsel at (850) 922-1676. JFM:jj Attachments . ~ Q \.) RESOLUTION NO. 2000-R-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, EVIDENCING THE DESIRE FOR THE CITY OF EDGEW A TER TO ENTER INTO THE STATEWIDE MUTUAL AID AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF EDGEWATERj APPROVING THE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENTj REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, the State of Florida is vulnerable to various disasters that may cause disruption of essential services along with the possible destruction of infrastructure needed to deliver these serVices; and WHEREAS, the Emergency Management Act gives local governments within the State of Florida the authority to make agreements for mutual assistance in emergencies which ensure timely reimbursement of costs incurred by the participating city; and WHEREAS, the City has determined that it is in the best interests for the citizens of Edgewater that the City participate with the State of Florida, Department of Community Affairs and all local governments in an integrated statewide disaster response plan through the Statewide Mutual Aid Agreement. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The City of Edge water hereby evidences its desire to enter into the Statewide Mutual Aid Agreement with the State of Florida, Department of Community Affairs. Section 2. The Agreement is hereby approved and the City Manager is authorized to 2000-R-17 1 u '-> '-> execute the document. Section 3 . All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 4. This resolution shall take effect upon adoption. After Motion by this resolution was as follows: Mayor Donald A. Schmidt Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 2000-R-17 and Second by , the vote on AYE NAY day of November, 2000. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2000 under Agenda Item No. 2 " . .,. u '-.) o ~. July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF COM11UNITY AFFAIRS, State of Florida (the "Department"), and all the local governments signing this Agreement (the "Participating Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those servIces. B. Such disasters are likely to exceed the capability of anyone local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency Management (the "Division"), has authOlilY to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. ,. u (.) o July 31,2000 F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE 1. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 u u Q .. July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial PlCl!1 issued by the Division in accordance with S 252.35(2)(a), Fla. Stat. (1999). 1. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of 9 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interIocal agreement. L. An "educational district" is any School District within the meaning of S 230.01, 3 u '-> ~ ~ July 31, 2000 Fla. Stat. (1999), or any Community College District within the meaning of 9 240.313(1), Fla. Stat. (1999). Moo An "interlocaI agreement" is any agreement between local governments within the meaning of 9 163.01(3)(a), Fla. Stat. (1999). N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of 9 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Apolicability of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. AR TI CLE III. Invocation of the Af?:reement. In the event ofa disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within fiv~ (5) days must be confirmed in writing by the Director of Emergency Management for the County 4 u <..> u . July 31, 2000 of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- I propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 o u '-' July 31, 2000 accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; 6 Q u Q July 31, 2000 G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 o u Q " July 31, 2000 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 8 (.) '-' u .. July 31, 2000 be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by. an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 'IIIIl u July 31, 2000 (.) B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the . Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- Q 10 ~ July 31, 2000 v other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an.arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. lfthe Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. o 11 o '-.J o July 31,2000 ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accwnulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting .Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other conswnable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 u. July 31, 2000 '-> Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and oflike grade, quality and quantity within the time allowed for reimbursement wHler this Agreement. Q 13 ~ v o July 31, 2000 D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present .information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8 :00 a.m. and 5 :00 p.m. on all weekdays other than official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itselfwhat insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 Q July 31,2000 C. Any Participating Party that is self-insured with respect to any line or lines of in- surance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self-insurer. u D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting u 15 o u CJ July 31, 2000 Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached to this Agreement. For the 16 u u u July 31, 2000 purpose of this Section, any such communication may be sent by the u.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the. extent that the former may be inconsistent with the latter. 17 u c.; '-> July 31, 2000 D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interpretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 ~ u u u July 31,2000 Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. c. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject oftrus Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 i" u u u . July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director ATTEST: CITY CLERK By: Title: Date: CITY OF STATE OF FLORIDA By: Title: Date: Approved as to Form: By: City Attorney 21 u u u , July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director DISTRICT, STATE OF FLORIDA By: Title: Date: By: Title: Date: Approved as to Form: By: Attorney for District 22 Q v Q . ~ July 31, 2000 STATEWIDE MUTUAL AID AGREEl\ffiNT FORM A Date: OCT. 23, 2000 Name of Government: Mailing Address: CITY OF EDGEWATER P.O. BOX 100, 104 N. RIVERSIDE DRIVE City, State, Zip: EDGEWATER, FL 32132-0100 Authorized Representatives to Contact for Emergency Assistance: Primarv Representative Name: CHIEF TRACEY BARLOW Title: FIRE CHIEF Address: 104 N. RIVERSIDE DRIVE Day Phone: 904-424-2445 Telecopier: 904-424-2450 First Alternate Representative Name: KENNETH HOOPER Night Phone: 904-424-2425 InterNet: TTBI1RIJOW. @CITYOFEDGEWATER.ORG Title: CITY MANAGER Address: 104 N. RIVERSIDE DRIVE Day Phone: 904-424-2404 Telecopier: 904-424-2421 Second Alternate Representative Name: LISA- R._MLLLER Night Phone: 904-424-2425 In terN et: CITYMANAG ER@CITYOFEDGEWATER. ORG Title: ADMINISTRATIVE TECHNICAL ASSISTANT Address: 104 N. RIVERSIDE DRIVE Day Phone: 904-424-2445 Telecopier: 904-424-2450 Night Phone: 904-424-2425 InterNet: FIREDEPT@CITYOFEDGEWATER.ORG PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to:Depanment of Community Affairs-Division of Emergency Management 2555 Shumard Oak Boulevard - Tallahassee, Florida 3239~-2 J 00 23 . u u o ~ July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form B Date: Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 . '-> ~ July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form B 4. Types of Resources Needed: V 5. Description of Infrastructure: o. 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 .J . u July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form B 8. Time, Place and Date to Deliver Resources: U 9. Names of Supervisors for Requesting Party: Q 26 ,) u u o ... July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form C Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterNet: 1. Description of Resources : 2. Estimated Time Resources Available: 27 . '-.) u v J July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: 28 ;> Q '-J o 1,8- AGENDA REQUEST C.A. NO.: 2000-128 Date: November 8, 2000 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT 11120/00 OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Professional Services Agreement - Malcolm Pimie, Inc. BACKGROUND: During the October 23, 2000 Council meeting, Council reviewed the request to have a treatment process evaluation study done to address the possibility of increased color removal and control of disinfection by-products at the Water Treatment Plant. City Council approved the request and authorized staff to compose an Agreement between the City of Edgewater and Malcolm Pimie, Inc. to provide the evaluation study. STAFF RECOMMENDATION: Staff recommends that Council approve the attached Professional Services Agreement and authorize the Mayor or City Manager to execute same. ACTION REQUESTED: Approve the Professional Services Agreement with Malcolm Pimie, Inc. and authorize the Mayor or City Manager to execute the Agreement. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. -:; Q Q o Respectfully submitted, Concurrence: ~&~~ , Terry Wads orth Director of Environmental Services ~~ Robin L. Matusick r- Legal Assistant "4=~~--v.\\'C~"\'-1 r Kenneth R. Hooper \ \ City Manager rim ? '-> '-.) o PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement"), entered into as of the day of ,2000, by and between the CITY OF EDG EW A TER, 104 North Riverside Drive, P.O. Box 100, Edgewater, Florida, 32132-0100, hereinafter referred to as the "City" and MALCOLM PIRNIE, INC., Independent Environmental Engineers, Scientists and Consultants, 2301 Maitland Center Parkway, Suite #140, Maitland, Florida 32751, hereinafter referred to as the "Consultant." WITNESSETH THAT: WHEREAS, the City desires to retain and engage the Consultant to provide expert advisory services with respect to professional engineering and process design services to assist the City in treating excess color appearing in the raw water at the Alan R. Thomas Water Treatment Plant; and WHEREAS, the City desires to engage the services of the Consultant as an independent contractor to render certain professional services, planning, and other related activities; and WHEREAS, Consultant has experience in and is qualified and capable of preparing studies and professional services relating to water treatment; and WHEREAS, the City hereby retains and engages Consultant to provide an overall study which will include but are not limited to, methods to enhance the existing treatment plant process and address the issue of disinfection and control of Disinfection Byproducts ("DBPs"), which are regulated by the Florida Department of Environmental Protection ("FDEP"). NOW, THEREFORE, the parties hereto mutually convenant and agree as follows: 1. EMPLOYMENT OF THE CONSULTANT. The City hereby engages the Consultant and the Consultant hereby agrees to perform the professional services hereinafter set forth. 2. DESCRIPTION OF SERVICES. The responsibility of the Consultant to perform under this Agreement shall be limited to an overall study which will include but is not limited to, methods to enhance the existing treatment plant process and address the issue of disinfection and control of DBPs, which are regulated by the FDEP. 3. LIMIT A TION OF SERVICES. Any activity or service not specifically designated herein or defined in the Scope of Work is specifically excluded from the responsibilities of the Consultant and City under this Agreement. 4. SCOPE OF WORK. The Consultant shall diligently and timely perform professional services as requested by the City and as specified in the Scope of Work (attached hereto and incorporated herein as Exhibit "A"). The Consultant agrees to perform the functions of his office in a competent and professional manner and on a timely basis. 5. PERFORMANCE OF SERVICES. Performance and the specific times for services to be executed shall be determined by and between the Consultant and City. (Agreement/Consultant- MalcolmPimie) '-.) o o 6. TIME OF PERFORMANCE. Except as provided below, the services of the Consultant shall commence upon the date set forth above, and shall be undertaken and completed prior to the established filing deadlines, and shall continue to the completion of the program. Future work orders shall include a project schedule and define deliverable materials or applications. 7. RELA TIONSHIP OF PARTIES. It is understood by the parties that Consultant is an independent contractor with respect to City, and not an employee of the City. Consultant and personnel employed or retained by Consultant who perform services under this Agreement shall remain under the supervision, management and control of Consultant. 8. COMPENSATION FOR PROFESSIONAL SERVICES. The City shall pay to the Consultant, an amount for services not to exceed twenty-four thousand eight hundred forty-three dollars ($24,843.00) for completion of the Project. The Consultant may invoice the City monthly for work that is completed. Consultant's invoices shall be accompanied by such documentation as reasonably requested by the City. 9. ADDITIONAL SERVICES AND COMPENSATION. The City may issue additional work orders, in accordance with this Agreement upon acceptance and approval by the City Council for additional services. 10. NON-PERFORMANCE. Non-performance shall be defined as failure by the Consultant to perform the services outlined by this Agreement. Any act of the City, direct or indirect, that results in the Consultant being unable to perform said services shall not be construed as non-performance. 11. NOTICES. All notices required or permitted under this Agreement shall be in writing when delivered in person or sent via U.S. Mail or transmitted via email, addressed as follows: If to City: Terry Wadsworth Director of Environmental Services City of Edgewater 104 North Riverside Drive P.O. Box 100 Edgewater, Florida, 32132-0100 Legal Department City of Edgewater 104 North Riverside Drive P. O. Box 100 Edgewater, FL 32132-0 I 00 (904 )424-2403 (904)424-2460 If to Consultant: Timothy P. Brodeur Senior Associate Malcolm Pimie, Inc. 2301 Maitland Center Parkway Suite #140 Maitland, Florida 32751 ( 407)660-1133 2 (AgreementlConsu Itant - Malco 1m Pim ie) , Such addresses may be changed from time to time by either party by providing written notice to the other in the manner set forth herein. (.) 12. TERM OF THE AGREEMENT. The term of this Agreement shall be for one (1) year from the date first written above. The City, with the mutual agreement of the Consultant may elect to renew the agreement for two (2) additional terms of one (1) year each. Consultant shall perform all services authorized during any renewal period in accordance with the terms and conditions herein. 13. TERMINATION. 1. The City may, by written notice to the Consultant, terminate this Agreement or any Work Order issued hereunder, in whole or in part, at any time, either for the City's convenience or because of the failure of the Consultant to fulfill its Agreement obligations. Upon receipt of such notice, the Consultant shall: 1. Immediately discontinue all services affected (unless the notice directs otherwise); and 2. Deliver to the City all data and other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. 2. If the termination is for the convenience of the City, the Consultant shall be paid for the actual services performed to the date of termination. o 3. If the termination is due to the failure of the Consultant to fulfill its Agreement obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Consultant shall be liable to the City for reasonable additional costs occasioned to the City thereby including, but not limited to, all damages arising from the Consultant's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising therefrom. 4. If, after notice of termination for failure to fulfill its Agreement obligations, it is determined that the Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, the Consultant shall be paid for the actual services performed to the date of termination. 5. It is specifically agreed that, in the event that the Consultant or any employee, servant, or agent of the Consultant is indicated or has any direct information issued against him for any crime arising out of or in conjunction with any work being performed by the Consultant for or on behalf of the City. It is understood and agreed that in the event of such termination, the Consultant shall be compensated for services rendered under this Contract up to the time of termination in accordance with this Paragraph. The City also reserves the right to terminate and cancel this contract in the event that the Consultant shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of Consultant's Q 3 (Agreement/Consultant- MaIcolrnPimie) ;' u Q o creditors. That the Agreement IS terminable by the City 111 accordance with Paragraph C of this Section 11. 6. The rights and remedies of the City provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 7. The Consultant shall have the right to terminate for failure of the City to fulfill its Agreement obligations and all other rights and remedies otherwise available to Consultant under law. 14. INDEMNIFICATION. To the extent provided by law, the parties agree to indemnify and hold harmless each other from all claims, losses, expenses, fees including attorney's fees, costs and judgements that may be asserted against the indemnified party, to the extent that the indemnifying party is negligent with regard to the project. 15. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supercedes any prior written or oral agreements between the parties. 16. AMENDMENT. This Agreement may be modified or amended if such amendment is made in writing and is signed by both parties. 17. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforceable as so limited. 18. ASSIGNMENT. This Agreement may not be assigned by Consultant without the express written consent of the City. 19. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel compliance with every provision of this Agreement. 20. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Florida. Consultant acknowledges that materials prepared and provided by Consultant to the City may be subject to public disclosure pursuant to Chapter 119, Florida Statutes. 4 (Agreement/Consultant - Malcolm Pimie) u Q o IN WITNESS WHEREOF, the parties have executed this Agreement on the dates bellow to become effective as of the year and date first written above. WITNESSES: CITY OF EDGEW A TER WITNESSES: By: Dated: Kenneth R. Hooper City Manager MALCOLM PIRNIE, INC. Dated: 5 (Agreement/Consultant - Malco ImPim ie) Timothy P. Brodeur Senior Associate f u .(.~.1 '. AGENDA REQUEST Date: Nov. 10. 2000 PUBLIC HEARING RESOLUTION OTHER BUSINESS ORDINANCE CONSENT X CORRESPONDENCE ITEM DESCRIPTION: Vacancy on Planning and Zoning Board BACKGROUND: A vacancy was created on the Planning and Zoning Board by the resignation of Mr. Michael Azzarello. The Board reviewed several applications and agreed to recommend that the vacancy be filled by Mr. Carl P. (Pete) Hellsten, 1717B S. Riverside Drive. o ACTION REQUESTED: o Board recommends Mr. Hellsten to fill vacancy. FINANCIAL IMP ACT: (FINANCE DIRECTOR) N/A PREVIOUS AGENDA ITEM: YES NO X Respectfully Submitted By: Patricia M. es Board Coordinator Auto Link (904)238-1922 p.2 Nov 08 00 12:13p ~ AlZA MOTORS, INC. -) /" 517 MASON AVE. DAYTONA BEACH, FL 32117 '" PHONE: 253-5826 U FAX: 253-9053 10130/00 CITY OF EOGEWATER PLANNING AND ZONING SOARD TO 'vVI-IOM IT MAy CONCERN. I REGRET TO INFORM YOU THAT DUE TO MY AlJTOM08flE SUSlNESS. 'NEDNESDAY NIGHTs IS AlJCnON MGI-fT, DUE TO MY OBGLlGA1JONS. I CAN NO LONGER FULLFiLL MY SEAT ON mE SOARD SO I MUST RESIGN EFFECTIVE IMMEDIATELY. IT HAS BEEN A REWARDING EXPERIENCE AND I HAVE ENJOYED WORKING 'vVITI-I EVERYONE, LOOKING FORWARD TO WORKING 'NITH TI-fE CllY AGAIN IN 1l-IE FUTURE. c SINCEREL Y, ~ ~~OSR .'- ..) '-.) o .. , CITY OF ED,GEWATER 104 N. RIVERSIDE DRIVE P,O. Box 100 - Edgewater. Florida 32132-0100 (904) 428-3245 SunCom 371-7005 'R/ECEOVED Or:t: - 5 '!(Jill .. '0 _" ~ Tl c:~ a~c:Y-<..J 7"".( 4 G 7' CITY OF EDGEWATER APPl.ICATION FOR oAPPOINTI1C1'4T TO Cny ~tJ..-..-CA-(( "55'/O~ ..BOARns AGel-IC I cc on CO/'I/'I I , TEES 04/2L.2-LH-rE.l ~"--'-S7E^1 /7 I 7 .d 0. ----1'6/./ E/2 S '//.:)E 2),e I'V~~'"]) \' sir-- I C + ~ Home phone #_QZ-3 176 '-I Name Address Occupation E';t/c; r A..J E~,e. ~ Business AI-e you a res i dent of the Ci ty of Edgel'lla ter? frs How long have you lived in Edgewa tel-? /787 Is your principal place of employment in Edgewater? If so, how long? / ~ ~ 0=-~ V~ B'-iefly state YOlll- intel-est In serving on a City Boal-d and list pl-ev i ous e>:pe,- i l?nce:__ /1::5 a ~ 0''< ;I.-f r1 .0 0/-= L.l) I? ,A 14 :57Ro-u:,: 1t:U7C=-LPS7 l"u IU ve DE-v 6= c...c ,.06=-2> :::ULA A.J0'-Uc ,,/ C ~OCAJ7r/ (vA ^i/JC6~~7 Are you a registered voter? Do you hold a public office? ~.:s ~ ~ Are you employed by the City?_ At the present time, do you serve on any other Boards or Agencies? ~~_.__If so, list each:_'-D~__.__. PLEASE 1 NO I CATE BOARDS..QB. AGENC I ES YOU WOUl.D LIKE TO SERVE ON AND RANI< THEM ACCORDING TO CI-!OICE BY NUMBEF3, BOARD MEMBERS MAY. BE REQUIRED TO FILE FINANCIAL DISCLOSURE EACH o YEAR v Building Trades Regulatory ~ Appea 1 s Boal-d Lib 1- a 1- y Boa 1- d .-- Citizen Code Enforcement Board Merit Board Parks & Recreation Board General Employees Pension Board Police Pension Board Industrial Development Boal-d Fire Pension Board .Lal)c:1, ,Deve I opmen t &: Reg~latory Agency Beautification Comm it tee ""':""';"""'1/ Council Adviso~y Committe~ Capital Improvement Committee Seniol- Citizen Advisol-y Charter Review Tl-ee Boal-d , /. Signatul-e: (?. ~ Ii~~ Date:~~/9/____ **See l-evel-se side foro 1 isting of Baal-ds and Agencies ;..,L.'/f _L---7 , / Ld /~,'(O-d()O() - ~ ~ q /q3 0-+i II (' /) '{{.r(' f~. ~ o Q Q \~ AGENDA REQUEST c.A. NO.: 2000-130 Date: November 13, 2000 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT 11/20/2000 OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Volusia County Metropolitan Planning Organization (VCMPO) Funding Agreement BACKGROUND: The VCMPO is responsible for identifying and planning transportation projects in Volusia County and has been previously funded through Planning Funds supplied pursuant to the Transportation Equity Act (TEA21). In order to maintain the services that the VCMPO provide our community, the Organization is now requesting each participant enter into a Funding Agreement and paid dues based on the 1999 population assessments based on .10 per capita. STAFF RECOMMENDATION: Staff recommends that the City of Edge water enter into the Funding Agreement and provide the dues to continue our membership in the amount of$1,851.00. ACTION REQUESTED: Motion to approve the Municipality/Edgewater Metropolitan Planning Organization FY 2000-2001 Funding Agreement and forward the City's dues in the amount of $1,851.00. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. o Q '-J Respectfully submitted, Concurrence: CAn~ -J . "'_/' . CX1.-iA/v ~ Robin L. Matusick Legal Assistant ~~A \( '\\,<.-:>c. "', ';\- Kenneth R. Hooper \ - V City Manager rim Volusia County MPO A o Transportation Planning 1190 Pelican Bay Drive Daytona Beach, FL 32119.1381 Phone: 904.322.5160 SunCom: 380.5160 Fax: 904.322.5 164 Emall: vcmpo@worldnet.att.net Mayor Baron "Bud" Asher, Chairman Kart D. Welzenbach, Executive Director Daytona Beach Daytona Beach Shores DeBary ~ DeLand Deltona Edgewater Holly Hili Lake Helen New Smyrna Beach Oak Hili Orange City Onnond Beach Pierson 0 Ponce Inlet Port Orange South Daytona Voluala County April 18, 2000 Ms. Michele Goins, Finance Director City of Edgewater PO Box 100 Edgewater, FL 32132-0100 Subject: MPO Member Assessment Dear Ms. Goins: The V olusia County Metropolitan Planning Organization (VCMPO) is the agency responr.ible for identifying and planning transportation projects in Volusia County. Established by both state and federal law, theVCMPO is a participatory organization with every municipality and the county represented on the VCMPO Board. Currently, the work performed by MPO staff is funded through Planning Funds from the Transportation Equity Act for the 21 sl Century (TEA21). However, it is anticipated that by 2003/2004 there will be a shortfall of funding. On April 12, 2000 the Executive Committee of the V olusia County MPO discussed the possibility of becoming a dues paying organization. The proposed. dues schedule would be levied on a per capita basis. The Executive Committee directed staff to notify all city and county managers and finance directors so that they become aware of this discussion and are able, should the need arise, to accommodate an amount for annual dues in their respective budgets. Attached is a projected fee schedule based on the latest population estimates. This schedule ranges from $0.10 per capita to $0.20 per capita. This table should not be misconstrued as containing the only options available nor that fees will definitely be assessed. It is being provided as information only. If you have any questions please feel free to contact me at (904) 322-5160 ext. 25. I . 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N @ en U'I N co -Efl ~ ."'" ..... ~ w ~ N ~ N W N -Efl W ..... ::r b en ""0 01 N ...... N N ~ 01 N "'" N ~ ""en 01 ""0 ~ N w 0> 01 0 ~ N (Xl (Xl N ..... "'" 0 W N "'" co 0 ..... 0 "C 0 "'" 0> 01 01 !'.l !=' 0> 0 0) 0) ..... (Xl "'" w ...... !D N N ~ ~ 0 N (Xl 0 J:,. m J:,. m J:,. N (Xl 0> 0 ~ N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q Volusia County MPO ~ o Transportation Planning 1190 Pelican Bay Drive Da~ona Beach, FL 32119-1381 Phone: 904-322-5160 Sun Com: 380-5160 Fax: 904-322-5164 email: kwelzenbach@co.volusia.fI.us Mayor Baron ffBud" Asher, Chainnan Karl D. Welzenbach, Executive Director Daytona Beach Daytona Beach Shores DeBary '-> DeLand ~~"'"'.-' ;, ~. ~.: '. ~ \' ': . .. ~:j~~~:..~ . :-~ t' ~ ' r':,~ DeltaRa Edg.,water Holly Hili f.~' Lake Helen ;... New Smyrna Beach j" Oak Hill [:;' :~" Orange City Ormond Beach Pierson Q Ponce Inlet Port Orange ~":" ;j;\~~",.. ',,'" '" , "L:f~41:_i'sO~th I?ayiona ~.~~ . . I~~~~~~\,~~!i';; . ~..:..~~........~.....................:- File: KDWL-2000-63 :iF? E (: r;,L November 3, 2000 C /r '"' J.:....\,., efr}' IYIAp . \oJ-: ""'C'_ _ Mr. Kenneth Hooper City Manager City of Edgewater PO Box 100 Edgewater, FL 32132-0100 Subject: MPO Funding Agreement Dear Mr. Hooper: Enclosed please find three signed copies of the MPO Funding Agreement (with attached invoices). Please sign all three copies, retain two for your files, and send one signed copy back to the MPO by no later than January 1,2001. Enclosures o MUNICIP ALITY / METROPOLITAN PLANNING ORGANIZATION FY 2000-2001 FUNDING AGREEMENT THIS AGREEMENT, is made and entered into this day of ,2000, by and between the CITY OF EDGEWATER, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "CITY"), and the VOLUSIA COUNTY METROPOLITAN PLANNING ORGANIZATION, (hereinafter "VCMPO"). WITNESSETH WHEREAS, metropolitan planning organizations are the lead transportation planning agencies in urban areas throughout the United States; and WHEREAS, the Transportation Equity Act for the 2151 Century of 1998 (TEA21) provides metropolitan planning organizations with the authority and responsibility for transportation planning and funding; and U WHEREAS, the quality of life and economic vitality of our community depend on coordinating transportation issues and developing complementary plans and policies; and WHEREAS, VCMPO has the lead role in formulating regional transportation plans and programs and coordinating transportation issues among local entities and the Florida Department of Transportation (FDOT); and WHEREAS, the CITY desires to enter into this Agreement with VCMPO to provide it with funding to support the functions necessary to achieve VCMPO's desired role in planning and funding the V olusia County Transportation System. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY and VCMPO agree as follows: 1. RECITALS. The City and VCMPO hereby declare that the recitals set forth above are true and correct and incorporated herein. o 2. FISCAL YEAR 2000-01 FUNDING. The CITY agrees to allocate $1.851.00 to VCMPO from the city's Fiscal Year 2000-01 budget, to be utilized by VCMPO during its fiscal year ending June 30, 2001 in accordance with this Agreement. Such funds shall be paid to VCMPO upon receipt of an invoice from VCMPO to the CITY. The payment shall occur effective October 1, 2000. The funding provided to VCMPO by the CITY is equal to $.10 1 Q u o per capita based on the most recent estimates of population within each local government's jurisdiction as provided by the Bureau of Economic and Business Research, University of Florida. 3. EFFECTIVE DATE. TERM. The effective date of this Agreement is the date of its execution by the last party to execute this Agreement. The terms of this Agreement shall commence on the effective date and terminate on September 30,2001. 4. INTERPRETATION. The headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. 5. MISCELLANEOUS a) This Agreement constitutes the entire Agreement between the parties with respect to the specific matters contained herein and supersedes all previous discussions, understandings, and agreements, written or oral, between the parties hereto. Any amendments to or waivers of the provisions herein shall be made by the parties in writing. No other agreement, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind either party hereto. b) If any sentence, phrase, paragraph, provision or portion of this agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed an independent provision and such holding shall not affect the validity of the remaining portions hereto. c) The parties hereby acknowledge that they have freely and voluntarily entered into this Agreement and that each party has been given the opportunity to receive the advice of independent legal counsel for all negotiations in connection with this Agreement. 6. CONTROLLING LAWS a) This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida, and all duly adopted ordinances, regulations, and policies of the CITY now in effect and those hereinafter adopted. b) The location for settlement of any and all law suits, claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach thereof, shall be Volusia County, Florida. c) The parties to this Agreement agree to comply with all applicable federal, state, and local laws, ordinances, rules and regulations pertaining to this Agreement. 2 '-> '-> Q 7. BINDING NATURE OF AGREEMENT. This Agreement shall be binding only between the CITY and VCMPO, and inure to the benefit of the successors or assigns of the parties. 8. NOTICES. All notices, consents, approvals, waivers and deletions which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be sufficient only when mailed by certified mail, first class postage affixed, addressed as follows: CITY: Kenneth Hooper, City Manager City of Edge water P.O. Box 100 Edgewater, FL 32132-0100 VCMPO: Executive Director V olusia County MPO 1190 Pelican Bay Drive Daytona Beach, FL 32119-1381 9. AUDIT AND RECORD KEEPING PROCEDURES. VCMPO shall keep and maintain accurate public records of all services rendered in the performance of this Agreement and shall keep such records open to inspection by the CITY and the public at reasonable hours during the entire term of this Agreement, plus two (2) years after the expiration or termination of this Agreement. If any litigation, claim or audit is commenced prior to the expiration of the three (3) year period and extends beyond such period, the records shall be maintained until all litigation, including appeals, claims or audits have been concluded or resolved. Any person authorized by the CITY shall have access to and the right to examine any of the records. 10. PROVISIONS NOTWITHSTANDING. Notwithstanding the provisions set forth above nothing contained herein shall alter, amend, or change those terms and conditions set forth in the By-Laws of the Volusia County Metropolitan Planning Organization. 3 o Q Q IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the day and year first above written. CITY OF EDGEW ATER . By: By: Print Name: Title: ATTEST: ~(A Z5'-VQ~~~ (CORPORATE SEAL) 6 ATTEST: (CORPORATE SEAL) 4