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01-03-2000 7' o 'J ;, Voting Order Ca.lncilwoman Rhodes Councilwoman Uchter Mayor Schmidt Councilman Brown Councilman Vincenzi AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING January 3,2000 7 :00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTE None at this time. 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES A. FIND Update, Dave Roach and Mark Veenstra B. Economic Development Board requesting a $500 contribution for costs associated with an Economic Development Symposium, to be held February 12,2000, Tom Alcorn. C. Discussion of the City of Edgewater' s Risk Management Plan concerning accidental release prevention at the Water and Wastewater Plants, Ted Hortenstein, P.E. 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 A. Public Hearing, Litigation Counsel recommending approval of proposed Settlement Agreement and Dismissal with Prejudice, and authorizing execution by the City Manager. B. 2nd Public Hearing, Joe Martin, authorized agent for Scott and Jennifer Porta, is requesting final Development Agreement approval for 200, 210 and 220 Dale Street. C. 2nd Public Hearing, Attorney Mary Hansen, authorized agent for Golden Star of Central Florida, Inc., is requesting final Development Agreement approval for Royal Oaks Community Park, 800 W. Park Avenue. 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 ofa 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~ Citizen Code Enforcement Board Appointment - Councilman Vincenzi's appointment to the Board to fill the remaining term of Sonja Wiles, who had missed five out of the last six meetings. B. Janitorial Services - Police Department recommending approval of a 4th Amendment to Agreement for Janitorial Services provided by Kathleen DeRosier for $150 per month. C. Vehicle Purchase - Parks and RecreationlMaintenance requesting approval to purchase Chevrolet Maintenance Van from Gateway Chevrolet-Mazda for $17,225. (Budgeted item/$18,680) o o , . City Council Agenda Agenda - January 3, 2000 Page -2- : 7. CONSENT AGENDA Cont. D. Equipment Purchase - Environmental Services requesting approval to purchase three lime slurry pumps for Water Treatment Plant from Watson- Marlow-Marlow/Bredel for $16,800. (Budgeted item/$18,000) E. Equipment Purchase - Environmental Services requesting approval to purchase a 4 x 23/4 Ton Ford F150 Pickup with heavy duty towing package from Duval Motor Company for $16,620. (Budgeted item/$17,000) F. Engineering Services - Environmental Services requesting approval to award preliminary design engineering services for reclaimed water facility improvements to Honeycutt/PEC Engineers for an amount not to exceed $20,915. (Budgeted item) G. Risk Management Plan - Staff requesting City Council's acceptance of the RMP. 8. OTHER BUSINESS A. Transfer of Funds - Police Department requesting approval to transfer $4,933.90 from the Law Enforcement Trust Fund into the General Fund for the purchase of six body armor vests. B. Sludge Disposal - Environmental Services requesting approval to "piggyback" agreement between H & H Liquid Sludge Disposal, Inc. and Florida Water Service Corporation for Edgewater sludge disposal. (:t$70,000) C. Joint Proiect Agreement between Edgewater and FDOT (SR442) - requesting authorization for Mayor or City Manager to execute Agreement for utility relocation. 9. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1. Seek Council direction concernmg selection process for City Attorney responses. 10. CITIZEN COMMENTS/CORRESPONDENCE 11. ADJOURN. 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 you comments to five minutes or less. 2) All items for inclusion on the February 7,2000, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, January 31, 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 c:\agendas\agO 1 0300.reg Economic Development Board December 1, 1999 - Minutes Page 3— Continued Business: Chairman Alcorn wanted to go back to City of Edgewater Reports. Planning Technician Darren Lear introduced himself. Since he had no previous knowledge of the meeting, he wasn't sure what Ms. Plaskett was going to report. Mr. Lear did however, pass around a map showing the future annexation along Park Avenue. Chairman Alcorn said he knew of a proposal for a large manufacturing facility to be on the Massey land across from the airport. Mr. Lear said papers were filed and a meeting was held with a boat manufacturer. Mr. Lear said he was working on a new zoning map that would be combining some zoning classifications, and would hopefully be completed by December 16` He said most of the zoning changes would be residential, with some industrial. Chairman Alcorn referred to previous discussions of changing the zoning of Hibiscus and Guava, and a problem with the comprehensive plan. He asked if the new maps were a reflection of that. Mr. Lear was not sure, but would have Ms. Plaskett call him when she returned from vacation. NEW BUSINESS: 1. Discuss Economic Development Symposium for February 12, 2000 a. Request contribution from City Council - Chairman Alcorn said he was working on this project to bring the Council up to speed on economic development issues, and have staff interact with them. He said since the EDB budget was cut, he was doing this through the Southeast Volusia Chamber. He found that New Smyrna Beach and Oak Hill were also interested in attending. He said the program would be Saturday the 12t from 9:00 a.m. until 3:00 p.m. Chairman Alcorn said the Board's attendance was requested. He said the format would be varied, with some role playing and discussion. The Chairman believed not many people were aware there was a free trade zone at the New Smyrna Beach Airport, and that everything in the City Oak Hill was an enterprise zone. He said people from various agencies, those normally invited to the EDB meetings, were going to be asked to attend the symposium to discuss what they do. The Chairman said refreshments and hors d'oeuvre would be served at the Daytona Beach Airport that evening starting at 5:00 p.m. He said the County Council would also be invited. Chairman Alcorn said he would like to request from the City of Edgewater $500 to help with the expenses of the program and if the Board agreed, he would like to entertain a motion. Mr. Bazin so moved, second by Ms. Carter. Motion CARRIED 7 -0. 'fir CHAIRMAN AND BOARD MEMBERS REPORTS: Ms. Carter reported she had been attending the Recreation & Cultural Services Board meetings. She said the south medians would be worked on soon. She said the Christmas parade was scheduled for 9:00 a.m., Saturday the 4` and a tree decorating contest in Rotary Park. AGENDA REQUEST C.A. NO.: 99 -143 ,, Date: December 22, 1999 PUBLIC HEARING 01/03/2000 RESOLUTION ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Proposed Settlement and Warrell vs City of Edgewater Dismissal with Prejudice: BACKGROUND: In January 1999, Plaintiff, Noni Warrell , a former City police officer, filed an employment discrimination lawsuit against the City in Federal Court alleging sex discrimination and hostile work environment in violation of Title VII of the Civil Rights Act of 1991 and disability discrimination ''rr in violation of the Americans with Disabilities Act. The suit also alleges that the City has enforced an unconstitutional personnel rule permitting the discipline and/or discharge of a city employee for excessive absenteeism even if such absenteeism is for legitimate reasons. The City filed an Answer to Plaintiffs Complaint denying all of Plaintiffs allegations and asserting various affirmative offenses. The matter is currently in the discovery process and scheduled for trial in July 2000. Thomas Yardley, legal counsel for Ms. Warrell has submitted a proposed Settlement Agreement and General Release which would dismiss the action with prejudice for $30,000.00. Council reviewed the proposed settlement during the Executive Session held on December 20, 1999. RECOMMENDATION /CONCLUSION: Litigation Counsel recommends that the City Council approve the attached Settlement Agreement and General Release in the above - styled matter and authorize execution by the City Manager. FUNDS AVAILABLE: (ACCOUNT NUMBER) %ow (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: Ci y"±)/4 -- ) . Aiifr" ,4 A_ Robin M. Wolf Ke eth R. Hooper Legal Assistant City Manager rmw UNITED STATES DISTRICT COURT _ MIDDLE DISTRICT OF FLORIDA - ORLANDO DIVISION NONI A. WARRELL, Plaintiff, CASE NO. 98-1163-CIV-ORL-19A v. CITY OF EDGEWATER, FLORIDA, Defendant. SET 1 : 1 N AND ENERAL • This Settlement Agreement and General Release (hereafter referred to as • "Agreement ") is entered into between Plaintiff NONI A. WARRELL (hereafter referred to as "WARRELL ") and Defendant CITY OF EDGEWATER, FLORIDA (hereafter referred to as the "CITY "), and the parties agree as follows: 1. In consideration for WARRELL voluntarily dismissing this action, with prejudice, and for the other covenants and promises contained herein, the CITY agrees to pay WARRELL the gross amount of THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00), which will include a check in the amount of $ / ] _C _ Cp Qi for attorney's fees and costs made payable to Thomas H. Yardley, Esquire, and a check made payable to *kw Noni A. Warrell in the amount of $ 4c 1 4' R c674. This amount to WARRELL shall not AW IH constitute back wages or front pay, but shall constitute payment of alleged compensatory damages, i.e., damages for alleged tortious conduct. WARRELL is solely responsible for S '`' payment of any and all federal, state or local taxes (if any) due on said amount. Without making any guarantees, the CITY will make every reasonable effort to deliver to Thomas H. Yardley, Esquire, the checks in the aforementioned amounts within ten (10) days of execution of this Agreement by the parties and approval by the City Council, provided that the CITY's counsel receives an executed Stipulation of Dismissal with prejudice dismissing the instant action, as described in paragraph 4 below, prior to the release of said checks. 2. The parties agree that WARRELL has resigned from her employment with the CITY effective August 22, 1996, and that the CITY has accepted her resignation. The parties further agree that WARRELL's resignation shall be deemed a resignation in good standing; that WARRELL's personnel records will reflect only that she resigned in good standing; and that all CITY personnel records which reflect any disciplinary action in connection with WARRELL's separation from CITY employment shall be marked "NULL AND VOID" and shall be retained in a separate file (not the CITY Personnel file) for public record purposes only. 3. WARRELL agrees that she will not apply for reinstatement, employment, or reemployment with the CITY or any of its departments, divisions, or other organizational units. WARRELL further agrees that this forbearance to seek future employment as just 'taw stated is purely contractual and is in no way involuntary, discriminatory, or retaliatory. AW Page 2 of 7 KH 4. A Stipulation of Dismissal with Prejudice dismissing this action shall be filed with the United States District Court, Middle District of Florida, Orlando Division. Such '' Stipulation shall be the only document filed with the Court in this matter. 5. WARRELL, her heirs, assigns and representatives, do hereby release, acquit and forever discharge the CITY, its current and former elected officials, appointees, managers, attorneys and employees, both in their official and individual capacities, from any and all actions, claims, charges, damages, demands, expenses, attorney's fees or costs of any nature arising from Warrell v. the City of Edgewater, Case No. 98- 1163- CIV- ORL -19A (M.D. Fla.), or any other matter arising from WARRELL's former employment with the CITY, whether known or unknown. This Release includes, but is not limited to: any claims) arising in law or equity, under tort or contract including, but not limited to: battery. false 'err imprisonment, intentional infliction of emotional harm, negligent or willful hiring/ retention, the United States or the Florida Constitution. any federal or state whistle- blower statute, The Americans With Disabilities Act, The Ae Discrimination in Employment Act, as amended, Title VII of the Civil Rights Act, as amended, Equal Pay Act; Fair Labor Standards Act, and any federal, state, or local laws prohibiting employment discrimination or restricting the CITY's right to take personnel action with respect to its employees. The CITY likewise agrees to release WARRELL from any and all claims it may have against her arising out of her employment with the CITY. AW Page 3 of 7 KH 6. WARRELL understands and agrees that, to the extent permitted by law, this Agreement is a confidential document as are all of the terms and conditions expressed herein. Accordingly. WARRELL. her heirs. assigns, representatives, and agents agree that she will not -- directly or indirectly -- disclose, publicize, or discuss her charges of discrimination, her claims against the CITY, the instant lawsuit, this Agreement, the circumstances related thereto, the amount of the settlement, whether in fact there was a settlement or agreement, or any•other term or condition of this Agreement with any employee or former employee of the CITY or any other person except her attorney and accountant unless duly subpoenaed and required by law to testify regarding this matter. In this regard, WARRELL agrees to respond to any inquiries from those other than her attorney or accountant regarding this matter that "the matter has been resolved." WARRELL agrees that no other comments or gestures *to - regarding the status of this matter will be made by her, except as otherwise outlined in this paragraph. In the event WARRELL discusses this Agreement with her attorney or accountant, it shall be WARRELL's duty, responsibility, and obligation to advise said individual(s) of the confidential nature of this Agreement and direct them not to discuss the terms or conditions of this Agreement with any other person. WARRELL shall be fully and completely responsible for any breach of this confidentiality provision, whether it be her own breach or a breach by her attorney or accountant. In the event of any breach of this confidentiality provision, WARRELL agrees that the CITY shall be entitled to recover from WARRELL, or her estate. the amount of THIRTY THOUSAND AND NO /100 DOLLARS 'AW Page 4 of 7 KH ($30,000.00). WARRELL understands and agrees that actual damages flowing from such a breach are uncertain and that the amount of liquidated damages specified herein is stew reasonable under the circumstances. WARRELL agrees not to make any disparaging remarks regarding the CITY, its current and former elected officials. appointees, managers. attorneys and employees. And, the CITY agrees not to make any disparaging remarks regarding WARRELL. If contacted by any prospective employer seeking any information concerning WARRELL, the CITY shall provide only neutral references (i.e., confirmation that WARRELL was employed, the positions and dates of her employment, and that she resigned in good standing). 7. In the event that the CITY is forced to institute legal proceedings for breach of the terms of this Agreement, it is specifically understood and agreed that any trial shall be non jury. WARRELL further agrees that the CITY shall be entitled to receive its costs and attorney's fees incurred in connection with enforcing the terms of this Agreement if the CITY is the prevailing party. 8. The CITY, by entering into this Agreement, admits no liability -- and expressly denies any liability -- of any kind in connection with Warrell v, City of Edgewater, Case No. 98- 1163- CN- ORL - 19A (M.D. Fla.) or any other matter arising from WARRELL's former employment with the CITY. skew � AW Page 5 of 7 KH 9. This Agreement constitutes the entire understanding and agreement of the parties hereto, and can be modified, amended or revoked only by expressed written consent of those parties. 10. WARRELL acknowledges that she has carefully read and fully understands the provisions of this document, including the release of claims, and that she has consulted with an attorney of her choosing prior to executing this document. . N WITNESS WHEREOF, the parties do set their hands and affix their seals on the below- listed dates: *4410 . . .. ... , Now 1 AW Page 6 of 7 KH 1 I . 4 , ' A , A // CITY OF EDGEWATER `'r t i ■TI A. WARRELL Date: Via" /7 By: Ken Hooper, City Manager STATE OF FLO DA COUNTY OF 0 V EvA -Q Date: The foregoing instrument was executed before me this (4 day of A t,OCC!Jlit6.2, 1999, by Noni A. Warrell, who is personally known by me or who has produced .1. (Y,. as identification) d who took an oat ' Y p OFFICIAL NOTARY SEAL . pst JE NNIFE R OPE TAYLOR Votary Public' * )' = } C * 1 C S ON NUMBER St t - o of Florida at Lam . , ,.:u1 4 Q CC714831 / 7� 71.. ° MY COMMISSION SORES Jc. '- I � , `� OP FEB. 8,2002 k1 , P Type or Print Name of Notary \,.) Ar k 1 Thomas . Yardley David V. Kornreich Counsel for�P�Aaintiff Counsel for City of Edgewater Date: / TV)cC j• _ Date: Page 7 of 7 G. \423401 %dvk605nw LAW OFFICES MULLER, MINTZ, KORNREICH, CALDWELL, CASEY, CROSLAND & BRAMNICK, F.A. DAVID V. KORNREICH SUITE 1525, CITRUS CENTER RAY C. MULLER (1924 -1977) MICHAEL W. CASEY, 111 255 SOUTH ORANGE AVENUE HERBERT B. MINTZ (1924 -1993) JAMES C. CROSLAND JOSEPH A. CALDWELL (1923 -1996) JAMES S. BRAMNICK ORLANDO, FLORIDA 32801 -3462 GORDON D. ROGERS TELEPHONE (407) 843- 1400 C/C CARMEN S. JOHNSON C( c JEFFREY E. MANDEL FACSIMILE (407) 843-1410 N DENISE M. HEEKIN PAUL T. RYDER, JR. L RICHARD D. TUSCHMAN ;D i ,, ''jj TERESA A. HERRMANN r (,Q(�' BENTON N. WOOD MELISSA B. MEDRANO City MARLENE 00INTANA MORALES Lodi, JAMES W. SEEGERS GE6 JOHN A. WALKER JAMES D. STOKES DAVID C. MILLER JENNA RINEHART RASSIF SCOTT S. ALLEN MIAMI OFFICE KELLY N. CHARLES SUITE 3600 KEVIN J. MORRIS December 22, 1999 FIRST UNION FINANCIAL CENTER DEBRA M. LEDER STEVEN D. GRIMBERG 200 SOUTH BISCAYNE BOULEVARD CHRISTI A. SHELTON MIAMI, FLORIDA 33131 -2338 MICHAEL T. LANDEN MIAMI (305) 358 -5500 ERIN A. WEBB BROWARO (954) 522 -0393 ALEXIS GONZALEZ FACSIMILE (305) 379 -3802 VIA FACSIMILE Thomas H. Yardley, Esquire Woodland Comrnortl 1970 Michigan Avenue, Building D Cocoa, Florida 32922 Re: Warrell v. City of Edgewater Case No. 98- 1163- CIV- ORL -19A Dear Mr. Yardley: Thank you for promptly forwarding executed Settlement Agreement and General Release to the City of Edgewater. On Monday, December 20, 1999, the City Council met in Executive Session to provide advice to counsel in accordance with statutory requirements. At the conclusion of the Executive Session, the City Council directed that the proposed settlement be placed on the agenda for review and consideration at-its January 3, 2000 public meeting. I will appear at the January 3 meeting to answer any questions and recommend approval of the settlement. (Immediately thereafter, I will advise you of the City Council's decision.) Should the settlement be approved on January 3, 2000, the City will forward to you a copy of the fully executed and approved Settlement Agreement and General Release for your records. Additionally, in accordance with paragraph 1 of the settlement, I am enclosing herewith an executed Stipulation of Dismissal for use in the event the settlement is approved. (Enclosed is a prepaid, preaddressed Federal Express envelope to facilitate your returning the Stipulation of Dismissal to our office for filing.) Upon our receipt of the Stipulation of Dismissal, we will arrange for the City to forward to you a check in the amount of Thomas H. Yardley, Esquire December 22, 1999 Page 2 $11,516.00, made payable to Thomas H. Yardley, Esquire, and a check in the amount of $18,484.00, made payable to Noni A. Warrell. Thank you for your cooperation in this matter. Very truly yours, David V. Kornreich G: \423401\DVK607nw Enclosures [Original sent via U.S. 4 cc: Mr. Ken Hooper (w /encl.; via U.S. mail) Nikki Clayton, Esquire (w /encl.; via U.S. mail) V LAW OFFICES MULLER, MINTZ, KORNREICH, CALDWELL, CASEY, CROSLAND S BRAMNICK, P.A, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION NONI A. WARRELL, Plaintiff, CASE NO. 98- 1163- CIV- ORL -19A v. CITY OF EDGEWATER, FLORIDA, Defendant. STIPULATION OF DISMISSAL WITH PREJUDICE Plaintiff, NONI A. WARRELL, and Defendant, CITY OF EDGEWATER, Ntior FLORIDA, through their undersigned counsel, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, jointly stipulate and agree to dismiss the above - styled lawsuit with prejudice, with each party to bear its/her separate costs and attorney's fees. Dated: Dated: Thomas H. Yardley David V. Kornreich Florida Bar No. 755222 Florida Bar No. 098576 Counsel for Plaintiff Counsel for Defendant Woodland Commons MULLER, MINTZ, KORNREICH, 1970 Michigan Avenue, Building D CALDWELL, CASEY, Cocoa, Florida 32922 CROSLAND & BRAMNICK, P.A. Telephone (321)633 -0400 255 South Orange Avenue Facsimile (321)633 -0512 Suite 1525, Citrus Center Orlando, Florida 32801 Telephone (407) 843 -1400 Facsimile (407) 843 -1410 G: \423401 \D V K608nw • AGENDA REQUEST C.A. NO.: 99 -140 so Date: December 21, 1999 PUBLIC HEARING 01/03/2000 RESOLUTION ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Development Agreement - Scott and Jennifer Porta BACKGROUND: Joe Martin, authorized agent for Scott and Jennifer Porta, is requesting final approval on the Development Agreement for property located at 200, 210 and 220 Dale Street (approximately 8.60 acres). Letters of intent regarding the proposed Agreement and schedule of public hearings were mailed to all abutting property owners on December 13, 1999. Notice of Public Hearing was published in the Observer on December 17 and 23` Council approved the Agreement during the first reading /public hearing held on December 20, 1999. RECOMMENDATION /CONCLUSION: Staff recommends that Council consider final approval of the Development Agreement for Scott and Jennifer Porta. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. • Respectfully submitted, Concurrence: i / /u. 1 Ali 'or Lynn- 'laskett Ke eth R. Hooper Planning Director City Manager 411 111P _ Robin M. Wolf Legal Assistant rmw 'tor lorw PORTA DEVELOPMENT AGREEMENT Nosy THIS AGREEMENT made and entered into this day of , 1999, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereinafter referred to as "City "); and SCOTT and JENNIFER PORTA, (hereinafter referred to as "Developer "). This Development Agreement is to facilitate development of 200, 210, 220 Dale Street in conjunction with necessary improvements to Dale Street and West Park Avenue, and associated public utilities intended to provide a second entrance to the F.I.N.D. project. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth sour herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 8.60 acres, located at 200, 210,220 Dale Street, Edgewater, Florida. The legal description of the property is set forth in Exhibit A, (attached hereto and incorporated herein). Developer is the fee simple owner of the property. 2. DURATION OF AGREEMENT The duration of this Development Agreement shall be five (5) years from the date of execution. However, the Developer shall apply for approval of construction plans for all road and *l utility work depicted in Exhibit B no later than one (1) year from the date of execution of this Agreement. City Engineer and Director of Utilities must approve construction plans, prior to (agreement /deve19901 /Porta) - 1 - date: 12/14/99 commencement of work. Construction shall be completed no later than three (3) years after approval of construction plans. The City may grant an extension of time for completion of construction if Now Developer is unable to comply through no fault of its own. 3. DEVELOPMENT USES PERMITTED The land subject to this Agreement shall be developed in accordance with the August 30. 1999 conceptual plan prepared by East Volusia Engineering, Inc., (attached hereto and incorporated herein as Exhibit B). 4. FUTURE LAND USE AND ZONING DESIGNATION The subject property is designated Planned Industrial Development (P.I.D.) on the City's Future Land Use Map and is zoned I -1, Industrial District. 5. PUBLIC FACILITIES loirw Any development within the subject property after execution date of this Agreement will require connection to the City's water distribution system and wastewater collection system. (a) Onsite utilities - All design, permitting, construction, and approval documents and construction and inspection costs for utilities located onsite shall be provided by the Developer. Said design shall be to City, County, St. Johns River Water Management District, and Florida Department of Environmental Protection requirements, as applicable. (b) Offsite utilities including Dale Street and West Park Avenue improvements - (1) Developer shall prepare all design, permitting, construction, and approval low documents. Said design shall be to City, County, St. Johns River Water Management District, and Florida Department of Environmental Protection (agreement /deve19901 /Porta) - 2 - date: 12/14/99 requirements, as applicable. (2) Permit applications shall be submitted by the City. N "' e (3) Permit fees shall be paid by the City at time of application. (4) City shall review and approve in a timely manner all design documents and applications. (5) Developer shall construct all off -site utilities and improvements, including stormwater system additions and modifications necessary to accommodate Dale Street and West Park Avenue improvements. Estimated costs for construction are $464,806.50. Engineering and survey fees are estimated to be $27,625. (6) City shall reimburse Developer for all costs associated with subsection (b) of this section. Reimbursement shall be on a milestone schedule to be established jointly by Developer and City. Estimated fees are broken down as follows: Dale Street- Engineering and survey fees: $25,125; Construction costs: $442,118. Park Ave.- Engineering and survey fees: $2500; Construction costs: $22,688.50. (c) City actions regarding the right -of -way for Dale Street shall be completed within sixty (60) days of effective date of this agreement. (d) A concurrency review by the City or County, as appropriate, shall be conducted to assure public facilities are available concurrent with the impacts of the development of 200, 210, 220 Dale Street. (e) A maintenance bond shall be posted in the amount of fifteen (15) per cent of the (agreement /devel.9901 /Porta) - 3 - date: 12/14/99 cost of improvements for a period of two years. (f) Any improvements that are to be reimbursed by the City shall be bid and the slaw schedule of values provided to the City to ensure competitive pricing has been secured. 6. DEDICATION OF LAND FOR PUBLIC USE Developer shall dedicate an eighty- (80) foot right -of -way for Dale Street across Developers property as shown on Exhibit B. An additional area approved by the Utilities Director for a lift station shall also be dedicated. City shall acquire Dale Street right -of -way from northern boundary of FEC right -of -way to West Park Avenue right -of -way as shown in Exhibit B. City shall negotiate with the County any additional right -of -way requirements for West Park Avenue, and if necessary, City shall cause said Now additional right -of -way to be acquired by either the City or the County, as appropriate. City shall provide copies of any field investigations and documentation generated in support of defining the Dale Street alignment as a second entrance to the F.I.N.D. project. Any information that is generated concurrently with the design of Dale Street improvements defined in this Agreement shall be provided to Developer, as it becomes available. Of particular interest is any environmental assessment of the proposed Dale Street right -of -way alignment. City shall acquire and maintain permanent public crossing and utility crossing of FEC right -of -way at Dale Street (ref. FEC crossing number 272893, attached hereto and incorporated by reference as Exhibit C). 7. PERMITS REQUIRED The City shall be the applicant for all public facilities permits. The Developer is required to obtain the following local development permits for 200, 210, and 220 Dale Street: City ofEdgewater (agreement /devel.9901 /Porta) - 4 - date: 12/14/99 site plan approval, City of Edgewater construction permits, and St. Johns River Water Management District stormwater permit. All local development permits for 200, 210, and 220 Dale Street shall be softie obtained at the sole cost of the Developer, and in the event any such Local development permits are not received, no further development of the property shall be allowed until such time as the City Council has reviewed the matter and determined whether or not to terminate this Agreement or modify it in a manner consistent with the public interest and the Edgewater Comprehensive Plan. 8. CONSISTENCY OF DEVELOPMENT The City Council hereby determines that the development permitted/proposed in this Agreement is consistent with the Edgewater Comprehensive Plan and the Land Development Code of the City of Edgewater, Florida 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restriction, and any matter or thing required to be done under the existing ordinances of the City and shall not be otherwise amended, modified or waived unless such modification, amendment or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived. 10. HEALTH, SAFETY, AND WELFARE REQUIREMENTS Under this agreement there are no specialized requirements for health, safety and welfare. I1. AMENDMENT This Development Agreement may be amended or revoked after compliance with the public hearing provisions of §163.3225, Florida Statutes (agreement /devel.9901 /Porta) - 5 - date: 12/14/99 12. APPEAL If Developer is aggrieved by any decisions of any City officer interpreting the terms `\r of this Agreement, the Developer shall first file a written appeal with the Secretary to the Planning and Zoning Board (hereafter the P &Z Board). After receiving the written request, the matter shall be placed on the next available P &Z Board agenda after the appeal is received. If the Developer is aggrieved by the decision of the P &Z Board, the Developer shall then appeal to the City Council. The Developer shall initiate the appeal by filing a written request with the City Manager for placement of the issue on the City Council agenda. After receiving the written request, the City Manager shall place the matter on the next available City Council agenda after the appeal is received. 13. PERFORMANCE GUARANTEES Should the development site be sold or repossessed, the subsequent fee simple owner of the Nor site shall be required to develop the site in compliance with the terms of the Development Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Development Agreement 14. CERTIFICATE OF OCCUPANCY In the event all of the improvements to said property and public facilities serving said property are not in place by the time of certificate of occupancy application for such property, the certificate of occupancy shall be granted provided the public sanitary sewer system has been approved for operation by the appropriate authorities. City shall allow occupancy and operation to occur between the date of application and the date of issue of the certificate of occupancy, provided in the judgment of the Building Director and the Fire Department; there are no outstanding certificate of occupancy issues affecting the health, safety and welfare of the occupants and the public. The road paving and (agreement /devel.9901 /Porta) - 6 - date: 12/14/99 associated stormwater retention shall be installed no later than 6 months from the time a certificate of occupancy is issued or; the developer shall post a performance bond equal to one hundred - fifteen (115) per cent of the cost of the improvements. All improvement cost estimations shall be provided to the City in writing by a licensed professional engineer and approved by the City Engineer and City Manager. 15. BINDING EFFECT The provisions of this Development Agreement, including any and all supplementing orders and resolutions, and all final site plans, shall bind and inure to the benefit of the Owner/Developer or their successors in interest. The provisions of this Developers Agreement and all approved plans shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. %r 16. RECORDING Pursuant to Section 163.3239, Florida Statutes, within fourteen (14) days after the City enters into the Agreement, the City shall record the Agreement with the Clerk of the Circuit Court in Volusia County. The Developer shall pay the cost of such recording. A copy of the recorded Development Agreement shall be submitted by the City to the state land - planning agency within fourteen (14) days after the Agreement is recorded. In addition, Section 163.3239, Florida Statutes, provides that this Agreement shall not be effective until it is properly recorded and until thirty (30) days after having been received by the state land planning agency. 17. PERIODIC REVIEW The City shall review the development subject to this Agreement every twelve (12) months, (agreement /devel.9901 /Porta) - 7 - date: 12/14/99 commencing twelve (12) months after the effective date of the Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Donald A. Schmidt City Clerk Mayor Dated: APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney Nov (agreement /devel.9901 /Porta) - 8 - date: 12/14/99 `1r► Witnessed by: OWNER: Scott Porta Witness named typed Jennifer Porta STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of , 1999, by Scott Porta and Jennifer Porta, who are personally known to sow me or who have produced as identification and who did (did not) take an oath. Notary Public Notary name typed My commission expires: (agreement /devel.9901 /Porta) - 9 - date: 12/14/99 EXHIBIT A `w' LEGAL DESCRIPTION That part of Lot 42, ASSESSOR'S SUBDIVISION of the ALVAREZ GRANT, per Map Book 23, Page 24 (which is a true copy of Map Book 3, Page 137), Public Records of Volusia County, Florida, lying Northerly of F.E.C. Branch Line Railroad being the West 442.40 feet as measured on the North Right -of -Way line of said F.E.C. Branch Line Railroad and being the West 316.85 feet as measured on the North line of said Lot 42. ALSO, that part of U.S. Lot 4, Section 32, Township 17 South, Range 34 East lying Northerly of the F.E.C. Branch Line Railroad. Easements, Restrictions, Right -of Way and other Matters: • Subject to a 50 -foot easement for road and utility purposes per Official Records Book 3970, Page 4159, Public Records of Volusia County, Florida. Said easement being a 50 -foot strip of land lying northerly of the F.E.C. Branch Line Railroad and extending from Massey Road and Tatum Boulevard easterly to Dale Street. • Subject to and together with a 60 -foot easement for road and utility purposes per _ Official Records Book 3970, Page 4161, Public Records of Volusia County, Florida. Said easement known as Dale Street extends to Park Avenue, a County Road. ■rr+ CITY OF EDGEWATER Planning and Zoning Board Regular Meeting Wednesday, November 17, 1999 6:30 p.m. sow Chairman Garthwaite called to order the regular meeting of the Planning and Zoning Board at 6:30 p.m., November 17, 1999 in the Community Center, 102 N. Riverside Drive, Edgewater, Florida. ROLL CALL Members present were Mr. Zeese, Mr. Masso, Mr. Azzarello, Mr. Ridner, and Chairman Garthwaite. Mr. Ogram was excused and Mr. Youkon was absent. Also in attendance was Lynne Plaskett, Planning Director, Nikki Clayton, City Attorney, Donna DeCarlo, court reporter and Patricia Hayes, Board Coordinator. APPROVAL OF MINUTES Mr. Masso made a motion to approve the minutes of the October 27, 1999 and the August 25, 1999 Planning and Zoning Board meetings. Motion passed 5 -0. OLD BUSINESS None at this time. NEW BUSINESS Public Hearing — DA-9901 — Joe Martin, authorized agent for Scott and Jennifer Porta, requesting a Development Agreement for 200 -220 Dale Street. Chairman Garthwaite read the staff comments and asked if any Board members had visited the property. None had since the last P&Z Board meeting. Chairman Garthwaite opened the public hearing. Ms. Clayton asked why Staff recommended changing the wording in Section 3 — Duration of Agreement, from "shall' to "may ". Ms Plaskett explained the reasons for the change in wording. Joe Martin, stated that he had no problem with the wording either way. Chairman Garthwaite asked about the buffer on the west side of the property. Joe Martin replied that this is a site plan issue and the site plan will adhere to the zoning ordinance. The intention is to leave as much natural vegetation as possible. Chairman Garthwaite asked for comments from the floor. Mr. O'Brien, 1049 Roberts Lane, expressed concern about the survey. Much discussion ensued with regard to how surveyors' property lines were established and what recourses Mr. O'Brien had if he felt the survey was in error. Mr. O'Brien expressed concern over environmental impacts, specifically endangered species. He requested a copy of the Environmental Impact Study. Ms. Plaskett stated that the Planning Department would provide Mr. O'Brien with a copy of the study if he would come by the office. Mr. Dominic Capria, 606 Topside Circle, asked if the Board had considered the cost of 1.1 million dollars for road improvements and sewer to the property and why the City was baring the cost. He then asked what return could the residents expect and in what time frame. He also inquired about the cost of services including water, recycling, and retention ponds. He further stated his concerns that the development would have benefits, such as reclaimed water, that other areas of the city did not have. He also asked why the City was paying for road improvements. Joe Martin responded to Mr. Capria's concerns, stating that the road improvements as well as sewer and stormwater costs were approximately $460,000 and were connected with the F.I.N.D. Project. He followed with details about the costs and returns associated with both the Porta Development and the F.I.N.D. Project. He.further stated that reclaimed water was not planned for either project. Being there were no further questions or comments, Chairman Garthwaite closed the public hearing. Mr. Masso made a motion that the Board send a recommendation for approval of DA -9901 to the City Council including the staff recommendations. Mr. Azzarello seconded the motion. Motion passed 5 -0. Public Hearing — DA-9902 — Golden Star of Central Florida, requesting a Development Agreement for Royal Oak Community. Chairman Garthwaite read the background and staffs recommendations and opened the public hearing. He asked if the six (6) staff recommendations had been incorporated into the final Development Agreement. Ms. Plaskett replied that they had. Chairman Garthwaite asked about the decorative wall. Mr. Sam Merrill, consulting engineer of Zev Cohen, stated he was not familiar with the details of the Development Agreement. Ms. Plaskett read the portion of the Development Agreement proposed by Mary Hanson addressing this issue. Mr. Merrill stated that the stipulations of the Agreement would be adhered to. Being no further questions or comments, Chairman Garthwaite closed the public hearing. Mr. Zeese asked what time frame this Development Agreement encompassed. Ms. Plaskett replied that the duration of the Development Agreement was five (5) years. r Mr. Masso made a motion that the Board recommends approval of Development Agreement -9902, as presented, to the City Council. Mr. Ridner seconded the motion. Motion passed 5 -0. DISCUSSION ITEMS A. Planning and Development Directors Report None at this time. B. Chairman's report Chairman Garthwaite asked when the off -site franchise sign issue would be brought before the City Council. Mrs. Plaskett asked Ms. Clayton if she knew, as the agenda request had been submitted for the November 15 City Council Meeting. Ms. Clayton stated it was unknown at this time. ADJOURNMENT There being no additional business to come before the Board, a motion was made and approved to adjourn. The meeting adjourned at 7:15 p.m. Minutes respectfully submitted by: Now Patricia M. Hayes, Board Coordinator Planning & Zoning Board pmh C: \P &ZB\minutes\ 111799 ' • oe /(I4 /1 1°3 15:15 $044238370 Lao CFFI':E P. CIE el 07/23/1999 07:57 Doc stamas 770.00 Ex A m i 7 A (Transfer Aet i 110000) THIS INSTRUMENT PREPARED BY: Instrument 99150375 OF Z Michael L. Brewer BOOk : 4456 Attorney at Law Page : 4143 500 Canal Street New Smyrna Beach, FL 32160 mss+ WARRANTY DEED (Statutory form - Section 689 02 F.S.) (Recording Information) THIS INDENTURE made this 20th day of July , 1999, BETWEEN PEARL E. GROOMS, individually and ae Trustee under instrument dated September, 1987, for the benefit of PEARL E. GROOMS, et al., with full power and authority to protect, conserve, sell and convey the real property described herein, of the County of Brevard, State of Florida, grantor, and • SCOTT S. PORTA and JENNIFER P. PORTA, husband and wife, • whose Social Security numbers are and . respectively. and mailing address is 21Q_puay AnRiei. New Smyrna Beach. FI, 19169, Of the County of volusia, State of Florida, grantees, 'W1'TNESSETH, that said grantor, for and in consideration of the sum of 510.00 and other good and valuable considerations to said grantor in hand paid by said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantees, and grantees' heirs and assigns forever, the following deecribed land, situate, lying and being in Volueia County, Florida, to -wit: That part of Lot 42. ASSESSOR'S SUBDIVISION of the ALVAREZ GRANT, per Map Book 22, Page 24 (which is a true copy of Map Book 3, Page 137), Public Records of Volueia County, Florida, lying Northerly of F.E.C. Branch Line Railroad being the West 442.40 feet as measured on the North right - of - way line of said F.E.C. Branch Line Railroad and being the Weet 316.85 feet as measured on the North line of said Lot 42. ALSO, that part of U.S. Lot 4, Section 32. Township 17 South, Range 34 East lying Northerly of the F.E.C. Branch Line Railroad. SUBJECT to easements contained in instruments recorded in official Records Book 2436, Page 1018; Official Records Book 3970, Page 4159; and Official Records Book 3970, Page 4162: all of the Public Records of Volueia County, Florida. The Volueia County Property Appraiser's parcel identification number of the property is 7452 -01 -00 -0430. SUBJECT TO: Easements, reservations and restrictions of record, if any, the mention hereof does not seek to reimpose same; and said grantors do hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantors have hereunto eet grantors' hands and seals the day and year first above written. • • 08/04/199? 15:19 9044238370 LAW C*'FICF PAGE 02 Book : 4458 . )(lf10/9 - • Pave: 4144 Diane M. ndtousek F6. Z OF 2 • Volusla County, Clerk of Court • Signed, sealed and delivered in the presence of; CZZN ) 71°4 1 MMf 311QY""'�.• Y�� "�' Witne Signature PEARL E. GROOMS, individually Printed Name: MA,Cr C• cif!. /63/5.6 and as Trustee P.O. Box 302 'CO Grant, FL 32949 -0302 witness Signature Printed same:�0.GlVe 'iW ►h- STATE OF FLORIDA COUNTY OF BREVARD The foregoing Warranty Deed was acknowledged before me this 121: day of July , 1999. by PEARL E. GROOMS, individually and as Trustee under instrument dated September, 1987 ..l)111 /)ruy (SEAL) • No ry Public, State of Florida My.commieeion expires: . esth% IoANN£w.sm -van. • 1 1 Personally Known OR 10 COMMISSION Cc70f»a 1 x) Producggd Identification • exnM F.wwy n.xm Type: AL 4.679 - 44 r .., o - 4 G i .- p sl•: ,V•w ,www s-w+ .v toaeawra r • NON • 01 /08/1994 18:22 904 -274 -1393 MCKIM & CREED PAGE 73 . -TS01A 00 272893 02/04/98 09:09 :42 RHCB003 RAIL- HIGHWAY CROSSING CLASSIFICATION /LOCATION PAGE 01 ** FIELD NAME * ** * ** CONTENTS * ** ** FIELD NAME * ** * ** CONTENTS * ** RR CROSSING NO. 272893 PRIV. -XING CATE. 0 (UNKNOWN CHECK DIGIT H PRIV. -XING TYPE 0 (UNKNOWN ) RR COMPANY ID F (FLORIDA EAST) PRIV. -XING PROT. 0 (NONE ) ' CO. LINE NO 410 (FEC BUNNELL -) PROTECTION DESC. 'DIVISION PUB. -XING TYPE 1 (AT GRADE) RR SUBDIVISION RR -XING STATUS N (NOT IN USE, ) . DOT COUNTY CODE 79 (VOLUSIA ) STATUS DATE 04/05/89 CO. MAP REF. NO. PROPOSED STATUS A (ABANDONMENT ) SECT.TOWN.RANGE PRIOR ID /LINE NBR F410 CITY CODE 1480 (NEW SMYRNA B) DATE LAST UPDATED 04/29/96 NEAREST CITY? Y NEW ENTRY FLAG N DISTRICT CODE 5 (FIFTH ) LOCAL STREET NAME DALE AVE ALT. RR -XING ID NEAREST TIMETABLE 491971 (NEW SMYRNA) RR CO. MILEPOST 0127.64 RR BRANCH NAME PEDES. -XING TYPE 0 (UNKNOWN ) INQUIRY COMPLETE C AGENDA REQUEST C.A. NO.: 99 -139 'r... Date: December 21, 1999 PUBLIC HEARING 01/03/2000 RESOLUTION ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Development Agreement - Royal Oaks Community Park BACKGROUND: Mary Hansen, Esquire (authorized agent) for Golden Star of Central Florida, Inc., is requesting final approval on the Development Agreement for Royal Oaks Community Park. The property is located at 800 West Park Avenue and consists of approximately 22 acres. Letters of intent regarding the proposed Agreement and schedule of public hearings were mailed to all abutting property owners on December 13, 1999. Notice of Public Hearing was published in the Observer on December 17` and 23` Council approved the Agreement during the first reading /public hearing held on December 20, 1999. RECOMMENDATION /CONCLUSION: Staff recommends that Council consider final approval of the Development Agreement for Royal Oaks Community Park. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Now hn✓ Respectfully submitted, Concurrence: Ly .e Plaskett Kenn- R. Hooper Planning Director City Manager Robin M. Wolf Legal Assistant rmw `'err low DEVELOPMENT AGREEMENT FOR Nor ROYAL OAKS COMMUNITY THIS AGREEMENT made and entered into this day of 1999 by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereafter "City "), and GOLDEN STAR OF CENTRAL FLORIDA, INC. (hereafter "Developer "). NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is located at 800 West Park Avenue, Edgewater, Florida and is approximately 22.4 acres of which 8.5 acres is partially developed under the title of "Mango Tree Estates ". The legal description of the property including Mango Tree Estates is as follows: `r PARCEL 1: Beginning on the south line of the G. Alvarez Grant Per Map Book 3, Page 137 of the Public Records of Volusia County, Florida at a point 1754 feet easterly from the southwest corner of said grant and running thence north 23° West 572.5 feet to the south line of Park Avenue; thence run easterly along the south line of Park Avenue 364 feet; thence run southerly 23° east of 621 feet to the south line of said grant; thence run southerly 74° west along the grant line 367.5 feet to the point of beginning. LESS AND EXCEPT: A parcel of land in Lot 37, Assessor's Subdivision of the Alvarez Grant as recorded in Map Book 3, Page 137, Public Records of Volusia County, Florida, described as follows: Begin at the intersection of south R/W line of existing Park Avenue with the east line of west 1754 feet of said Lot 37, run thence north 67 degrees 15' 31.7" east along said R/W line 364.00 feet; thence south 23 degrees 05' 28.9" east along the westerly line of lands described in Official Records Book 1912, Page 197 a distance of 9.924 feet; thence south 67 degrees 04' 05.9" west a distance of 363.994 feet to the aforesaid east line of the west 1754 feet; thence north 23 degrees 05' 28.9" west 'fir+► along said line 11.134 feet to the point of beginning. (AgreemntlDevelopment- RoyalOaksCommunity) 1 PARCEL 2: A parcel of land in Lot 37, Assessor's Subdivision of the G. Alvarez Grant, as recorded in Map Book 3, Page 137 of the Public Records of Volusia County, Florida, described as follows: Commence at the southwest corner of said Lot 37, thence run east along the south line of said Lot 37 north 74° east a distance of 2931.07 feet, thence continue north 74° east a distance of 167.3 feet to the west right - of -way line of Mango Drive, thence run along said west right -of -way line north 22° 6" west a distance of 239.5 feet for the point of beginning, thence continue along said right -of -way line a distance of 50 feet, thence run south 67° 37' 40" west a distance of 166.3 feet, thence south 22° 06' east a distance of 50 feet, thence north 67° 37' 40" east a distance of 166.3 feet to the point of beginning. PARCEL 3: A parcel of land in Lot 37, Assessor's Subdivision of the Alvarez Grant, as recorded in Map Book 3, Page 137 of the Public Records of Volusia County, Florida, described as follows: Commence at the southwest corner of said Lot 37; thence along the south line of said lot 37 run N 74° E, 2121.50 feet for the point of beginning; thence continue along said south line N 74° E, 809.57 feet; thence N 22° 06' W, 365.99 feet; thence S 67° 37' 40" W, 805.00 feet; thence S 22° 06' E, 276.10 feet to the point of beginning. Now (ORB 4432, PAGE 4000) Lots 12 and 13, Park Avenue Estates, as per Map recorded in map Book 34, Page 69, Public Records of Volusia County, Florida, ALSO (ORB 3841, PAGE 0966) A part of the east 886.7 feet of the west 1754 feet as measured on the south line of Lot 37, and a part of the east 879.90 feet of the west 1697.90 feet of Lot 42, also that part of the platted Park Avenue lying northerly of and adjacent to said Lot 37, and southerly of and adjacent to said Lot 37, and southerly of and adjacent to said Lot 42, Assessor's Subdivision of the G. Alvarez Grant, according to the plat thereof recorded in Map Book 3, Page 137 of the Public Records of Volusia County, Florida, all of the above lying southerly of the existing Park Avenue, a 50 foot R/W as now laid out and easterly of Carol Ann Drive, a 60 foot R/W as platted per Park Avenue Estates, recorded in Map r Book 34, Page 69 of the Public Records of Volusia County, Florida and all being more particularly described as follows: As a point of reference commence at the southwest corner of the Assessor's Subdivision of Said G. (Agreemnt/ Development - RoyalOaksCommunity) 2 Alvarez Grant, thence N 73° 58' 06" E, along the south line of said Grant, a distance of 1754.00 feet; thence N 23° 08' 10" W, a distance of 306.58 feet for the point of beginning; thence S 67° 00' 54 ", a distance of 150 feet to the easterly R/W line of said Carol Ann Drive; thence N 23° 08' 10" W, along said easterly R/W, a distance of 310.00 feet to the southerly line of Park Avenue, a 50 foot * taw R/W as laid out; thence N 67° 00' 54" E along said southerly R/W, a distance of 150.00 feet; thence S 23° 08' 10" E, a distance of 310.00 feet to the point of beginning, excepting therefrom that part taken for the widening of said Park Avenue. 2. DURATION OF AGREEMENT The duration of this Development Agreement shall be five (5) years from the date of execution. The date of this Agreement shall mean the date the Agreement was approved by the City Council. However, the Developer shall apply for site plan approval for all improvements no later than six (6) months from the date of execution of this Agreement. The site /construction plans must be approved by the City Administration typically involved with the site plan review process including but not limited to utilities, stormwater, traffic, fire rescue, law enforcement, environmental, and planning elements prior to the commencement of work. The Developer shall complete infrastructure improvements needed to support Parcel Nos. 1 through 3, and Exhibit "A" Nor development within one (1) year from site /construction plan approval. At the Developer's discretion, infrastructure improvements for Lot Nos. 12 and 13 may commence at anytime following construction permit issuance, but shall proceed as to coincide with the duration of this agreement and shall not extend beyond said duration date. The City shall grant an extension of the time for completion if the Developer is unable to comply through no fault of its own. 3. DEVELOPMENT USES PERMITTED The land subject to this Agreement shall be developed in accordance with the June 25, 1999 conceptual plan prepared by Zev Cohen & Associates, Inc., attached herein as Exhibit A, reflecting the lot sizes for existing Mango Tree Estate lots delineated as Lot Nos. 22 through 24, 27 through 30, and 34 through 46 to remain in their original layout dimension, and modification and/or elimination of existing Mango Tree Estates Lot Nos. 1 through 21, 25, 26, 31 through 33, and 47 through 51 for an overall lot layout of one hundred twenty -eight (128) lots as shown on the loow conceptual plan representing the maximum building envelope that will be permitted. The actual location of structures within the envelope may vary, but the location of the building envelopes shall (Agreemnt/ Development - RoyalOaksCommunity) 3 not be shifted. The Developer shall be responsible for the engineering, surveying, permitting, and construction of all improvements including all costs associated herewith, except for the off -site force main installation which mutual cost participation requires the Developer to provide the materials only and the City to provide the labor necessary to install and connect to the existing infrastructure. Design and installation of the improvements shall be subject to approval by the City. 4. FUTURE LAND USE AND ZONING DESIGNATION 8.5 acres of the subject property is currently being designated as Medium Density Residential on the City future land use map and has recently been rezoned to MH -1, Mobile Home Park District. The remaining area will require a Comprehensive Plan amendment. Pursuant to the application for this Development Agreement, the Developer has requested that mobile homes be separated from each other and from other buildings and structures by at least fifteen (15) feet and mobile homes shall be located at least fifteen (15) feet from any property line abutting upon a public street or highway provided an opaque buffer is constructed. The front setback shall be ten (10) feet from the front property line. In addition, the Developer is requesting that the roadways including Niiry ingress /egress points be maintained as private roadways with a thirty (30) foot blanket easement over such to provide accessibility and long term maintenance of the utilities included but not limited to water, sewer and reclaimed water mains. Minimum lot size shall be 55' x 90' with a minimum of 4,950 square feet. The Developer agrees that if the subject property is not developed in accordance with this Agreement, the property shall be developed pursuant to the requirements of the MH -1, Mobile Home Park District. 5. PUBLIC FACILITIES Developer will provide all public facilities to support this project including water, wastewater, reuse lines and the proposed roadways. The Developer shall pay for applicable water and wastewater impact fees on any structure when building permits are obtained. Roadways will be paved at the Developer's expense. The Developer shall also provide fire hydrants, which shall be placed in accordance with City codes. Except along Park Avenue and the visibility triangle on Park Avenue and Carol Ann Drive, Developer shall construct a suitable combination of fencing, landscaping and a six (6') foot high masonry wall between Royal Oaks and adjacent land uses. The (Agreemnt/ Development - RoyalOaksCommunity) 4 final configuration will be determined during site plan review. A concurrency review shall be conducted to assure public facilities are available concurrent with the impacts of the development. — 6. DEDICATION OF LAND FOR PUBLIC PURPOSES Pursuant to the final record plat, the Developer shall dedicate to the public the water, reclaimed water and wastewater infrastructure and maintenance and repair easements including the lift station contained within the Royal Oaks Community. However, the Developer shall not dedicate and the City will not accept the roadways and stormwater management system shown on the conceptual plan which is designed to accept and treat stormwater from the proposed mobile home sites. 7. PERMITS REQUIRED Upon development of the property described above, Developer shall be required to obtain the following local development permits: City of Edgewater site plan approval, recording of final lot layout plan construction plan approval, and construction permits; and Department of Say Environmental Protection and St. John's River Water Management District stormwater permits. All local development permits shall be obtained at the sole cost of the Developer and, in the event that any such local development permits are not received, no further development of the property shall be allowed until such time as the City Council has reviewed the matter and determined whether or not to terminate this Agreement or modify it in a manner consistent with the public interest and the Edgewater Comprehensive Plan. Prior to issuance of a certificate of occupancy for any lot/unit, a certificate of elevation shall be submitted to the City. The assumed base flood elevation for the project shall be elevation 9.5' NGVD, unless some other elevation is determined to be appropriate by a registered Florida land surveyor. 8. CONSISTENCY OF DEVELOPMENT The City Council hereby determines that the development proposed in this Agreement is consistent with the Edgewater Comprehensive Plan and the Land Development Code of the City of Edgewater, Florida. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall (AgreemntlDevelopment- RoyalOaksCommunity) 5 not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City shall not be otherwise amended, modified or waived unless such modification, Now amendment or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived. 10. HEALTH, SAFETY AND WELFARE REQUIREMENTS Under this Agreement there are no specialized requirements for health, safety and welfare. 11. AMENDMENT This Development Agreement may be amended or revoked after compliance with the public hearing provisions of § 163.3225, Florida Statutes. 12. APPEAL If the Developer is aggrieved by any decision of any City officer interpreting the terms of this Agreement, the Developer shall first file a written appeal with the Secretary to the Planning and Zoning. After receiving the written request, the matter shall be placed on the next available Planning ,,,. and Zoning Board agenda after the appeal is received. If the Developer is aggrieved by the decision of the Planning and Zoning Board, the Developer shall then appeal to the City Council. The appeal shall be initiated by the Developer by filing a written request with the City Manager for placement of the issue on the City Council agenda. After receiving the written request, the City Manager shall place the matter on the next available City Council agenda after the appeal is received. 13. PERFORMANCE GUARANTEES Should the development site be sold to an individual or corporation, the purchaser of the site shall be required to develop the site in compliance with the terms of this Development Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Development Agreement. 14. BINDING EFFECTS The provisions of this Development Agreement, including any and all supplemental orders Now and resolutions, and all final site plans, shall bind and inure to the benefit of the Developer or their successors in interest. The provisions of this Development Agreement and all approved plans shall run with the land and shall be administered in a manner consistent with the laws of the State of (Agreemnt/ Development - RoyalOaksCommunity) 6 Florida. 15. RECORDING Pursuant to Section 1663.3239, Florida Statutes, within fourteen (14) days after the City *taw enters into the Agreement, the City shall record the Agreement with the Clerk of the Circuit Court in Volusia County. The cost of such recording shall be paid by the Developer. A copy of the recorded Development Agreement shall be submitted to the state land planning agency within fourteen (14) days after the Agreement is recorded. In addition, Section 163.3239, Florida Statutes provides that this Agreement shall not be effective until it is properly recorded and until thirty (30) days after having been received by the state land planning agency. 16. PERIODIC REVIEW The City shall review the development subject to this Agreement every twelve (12) months, commencing twelve (12) months after the effective date of the Agreement to determine if there has been good faith compliance with the terms of the Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Donald A. Schmidt City Clerk Mayor APPROVED FOR FORM & CORRECTNESS: Nitre Nikki Clayton City Attorney (Agreemnt/ Development - RoyalOaksCommunity) 7 DEVELOPER Witness Witness Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , w h o personally known to me or who produced a s identification and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1999 (Seal/Stamp) Notary Public (Commission Expiration Date) State of Florida at Large (Agreemntl Development - RoyalOaksCommunity) 8 ... . - - . . . . • . • . • • . . - . . , . . . . • ' \ \ \ a .. 0 --------" \ Y ' ••< , 4 > 0 ,,,v , ..-- , e_ • \ _ \ ,1. i '' ' ' . '' A \'' ■ r r ° 0 .,•r,' 141.11, " ,.._ r- ..A" > ?: • E2 - - .,..-..,. . . I, \ -< cn 0 , ------, . .. .,. A \ \ rh? a n ,. ' 0 ..;. .".• - r— X - 4 . ...... ' !'1"i 40" • '. ■ 4 ' , . > ...)e Z ... .? • \ '' :... _ .. - e . ' A t . 4" .3 1 ilA •■■:: \ .. - ....-- .-----.-...., • .2 I 11:e. . - l4X4' • : C • . ,, . • ..• • ' ''`. .: ':'.. \ \ . •• . . 1.ei.'`' . )'-. . '‘.. , , .. .. / ( . ' • ,.. : :f S .!..; t.,5 . • ..=v• • ,r; ..- a . .* • . / .. 13 - . re, L :'..":" - 15 '.. -&:: ..',....' •••,••••,., I? ;0 411°.‘ , z , . ..• . M: -.■ ' ' 1 z.. '.....!,'.:" . 2 ; .. ; ..‘•''.*•.'-‘ V 4 , . 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".: 1 ,,, .-.:1 , r a • a S 8 2...' n a ''' . '. • 1$1 k \ , . ......,,_ • 1 Z 1 . ...',., ,.... ,.. • • .... , _ .." • _ . -- t - 411111 ii:. . e) - - 4. --41 42--j tv ..-- --- ,-r ! . .41 : / . ,.-0 • ; . .... ,{ 0 /,- & \ AR .• „tr tl` ■ . % A , •,,,, :.. ,,,,,, .,,,,, • q :I,: .,..... • .1 li .f.. • 3 1 ______—_----- ____--- ___ -- • AGENDA REQUEST Date: December 20, 1999 Now PUBLIC HEARING RESOLUTION ORDINANCE CONSENT ✓ OTHER BUSINESS • CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Request for appointment to the Citizen Code Enforcement Board BACKGROUND: Sonja L. Wiles was appointed to the Citizen Code Enforcement Board on May 17, 1999. Ms. Wiles has attended only one meeting since July 1999. A copy of her attendance record is attached. RECOMMENDATLNO /CONCLUSION: Staff recommends Ms. Wiles be removed from the Citizen Code Enforcement Board. We request the Mayor and Council to appoint another person for Ms. Wiles' term, which expires on May 17, %Iv 2002. The Citizen Code Enforcement Board met on December 16, 1999, and also recommends the replacement. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO DATE AGENDA ITEM NO: Respectfully submitted, Susan J. dsworth, CMC City Clerk a: \code enforcement \ forms \agenda requesi.121699 Memorandum To: Kenneth Hooper, City Manager CC: Dennis Fischer, Building Official From: Beverly Kinney- Johnson, Code Enforcement Officer 14(' Date: 12/17/99 Re: Citizen Code Enforcement Board Attendance — Sonja L. Wiles Sonja L. Wiles was nominated by former Council member, Jim Gornto, and appointed to the Citizen Code Enforcement Board on May 17, 1999. Ms. Wiles' term expires on May 17, 2002. Ms. Wiles replaced Ms. Joan Strong. The first Citizen Code Enforcement Board meeting held after her appointment to the Board was on July 15, 1999. MEETING DATE ATTENDANCE July 15, 1999 Absent August 19, 1999 Present September 16, 1999 — Meeting Cancelled October 21, 1999 Absent November 18, 1999 Absent December 9, 1999 — Workshop Absent December 16, 1999 Absent a:\depthead \Sonja wiles attend cm 1 F /a 7/ F5 1../ P I ,) ( ( 4 9 / / / 1 f CITY OF EDGE11VATER 'kb, /e--i-f-- \+■....■ /i i „I - R04 N. RIVERSIDE DRIV P.O. Box 100 - Edgewater, Florida 32132 -0100 0 , 1' S SC '. ir,:• a ' - APPL 428.3245 SunCom 311 7005 O CITY v �� O • ' 0 % IION FOR APPOINTMENT T ___ BOARDS, AGENCIES OR COMI�IITTEEB Ala I � y ��9 Nwpw NAME • I/. i6-ack q y ADDRESS 32 ?2 7r2 A/ / Rce OP/ tie": ( 1 Cr� q /„(,! HOME ' PHONE L,/ 26 - 00 . 7 BUSINESS PHONE �"' OCCUPATION T�uptiEV Ai AtA P /ew m,e,-( C fib 0 g /g Lea /crs,4 6 77, Are you a resident of Edgewater VES How long /ve4/C Is your principal place of employment in Edgewater? //o if yes how long? Briefly state your interest in serving on a City board, agency or committee: �if -7-,-,,e a 76.Ai7i -a c O 1T Oe,,c CO iron,, f l y _TA/ ii c 7 7 /A. S 4,rrc ot,.c.t, C c ONv r,, , c 6-ve 0 w 7/1 ..ti,c 77,E , 'Are It)& / o /1C. G /7/ 2...64vs ,�ti,d 7d Aoeve % S,fif 1.1ti4v 4'.spo,vs•/ ENuirz04)ni&v PC.x- / / co Are you a registered voter? y6;S — Do you hold public office? » /Uo Are you employed by the City? NO At the present time, do you serve on any other Boards, Agencies, or committees? 1L'o If so, list each: Have you ever served on any boards, agencies, or committees? /Po If so, list each: fir► (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ___ BEAUTIFICATION & TREE COMM. , /_X BUILDING TRADES REGULATORY & APPEALS BOARD CITIZENS COUNCIL ADV. COMM. __ � PLEASE INCLUDE RESUME -- )( CITIZEN CODE ENFORCEMENT BOARD FIRE PENSION BOARD __GENERAL EMPLOYEES PENSION INDUSTRIAL DEVELOPMENT . -2- X LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC OMMITTEE 'to SIGNATURE_ 1/ a( ...27,2 DATE: 4 2 2 - / / 95'2 ** SEE REVERSE SIDE FOR LISTING OF BOARDD, AGI:NCII*.S AND COMMITTEES ** (4 — //r • THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132-0100 APPLICATION FOR APPOINTMENT TO CITY Y„ BOARDS, AGENCIES OR COMMITTEES NAME --71-) E1- ©R C. 11 C F� I ADDRESS ) 9 O t\ A �� -L S P District (Staff will supply district number) q HOME PHONE 4 40 2 g ! BU SINESS PHO NE OCCUPATION � ' E ! i X E !) Are you a resident of Edgewater How long Is your principal place of employment in Edgewater? if yes how long? Briefly state your interest in serving on a City board, agency or committee: I�JG�S �� s�� fiC�.;�Cad ''4 . ©/ ®v' ff,4 ✓ /9 � t ©, e. �,,, Ch) tic} "-- 6 : ��, U c State your experience/ ons T y p �� W � ! � ViF ro, 1,: Ades Au '� �a ?�t t N - 'roe deA-Vt l r ew l' 'U v/euti/ 1 041 Are yoti a registered voter?' �/. '5`°'° ; �t =` / Are you employed by the "City? .� D ou h ol• a: . .office? ^jv At the • present t .'th- �xa. e � .: ' o s s` • t tAgenci es, or committees ? If so, list each: :' r III Have you ever erydd: :.fila i .oards, ' agen , or committees? If so, list each'; :� °�, �_ r C Ode- - a$ ' 4011111, �� ,. (BOARD, AGENCY .AND COMMITTEE b1E:Nlg1 itlisAY BE REQUIRED ' TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES` YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD CITIZEN CODE ENFORCEMENT BOARD - PARKS & RECREATION BOARD CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTER PENSION BOARD VETERANS PARK ADV. COMMITTEE _ Nov 1Nov SIGNATURE C - 6 > i e. DATE: /ir770 ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COITTEE V 10= 30 -97) 04- O'898p01 :00 P A I D THE CITY OF EDGEWATER POST OFFICE BOX 100 — EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES v,,,,. NAME a. • ' (� .) (8 _ ADDRE SS `. O.S I c-l�� . Avui.� -, ' E--L- Distri 7 (Staff will supply district number) HOME PHONE (92Zt ) 1/ ? • - /2(2 4 BUS PHONE 4) 2 OCCUPATION l i Q4 Are you a resident of Edgewater ` c '). How long / /:,;,.:. %. Is your principal place of employm et in Edgewater? /)/ ! if yes how long? Briefly state your interest in serving on a City board, agency or (0 4.1 /r) ' �' ,k _‘ committee: �' CL LA. /1 ' .444 .4 4,r< • . .d . i t .. i . • ` �4 ,- ---4 � ,i _. V kV ...A .4 , --"t "... 1 /L , ---Y &Ile"( r -, 1 ,-)41,0_ V _.) ii--/ i__ 6 ^ . , : _,' , 2 r State our Jxperience/a1icatjons / ' Stt Y (1 . 1 ( ,�, , <. , 6c e ''/ f r 2' / A- Y )/ /tip t: -;, ( :�. yAre y u reg vote Q, 1� l Are you employed by the City ?)Do you hold public office? At the presen time, do you serve on any other Boards, Agencies, or committees? t) If so, list each: Have you ever served on any boards, agencies, or committees? If so, list each: At,' (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 7" \ f / / ANIMAL CONTROL BOARD li GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD (Yyl� r' CITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD �5 // CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD �/) ,l ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD y FIREFIGHT PENSIOON BOARD VETERANS PARK ADV. COMMITTEE SIGNATURE (J / ¢,�� .f`' v / , ) ,yyt �t ,? DATE: ** SEE REVERSE SIE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** (REV 10- 30 -97) Cri.' 7,(...a.„.i ,....,,,,•„„.„.. d.„,,,,P....„. 14 / 1 c-•(..0 t rtcre" .,-/ ii- a ( ii 0 (i.!k 6- .4se.-C , ( -t .6,_A -, tg,,, C I / ' 1 r ( 6 y.,, /L ,..) I ' t/ c_ I/ .,6,-'6 ,--IX / 0-e-- (i,<-6(-44"1 , i e - ', - (7:4! ( , _ .6 ,, , -,- .y 0,'- 6/c, 4„ ,. g J , „(e., - t. e..„ 4 Y -° . THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES iirr NAME C., iYr /es T 6/ ADDRESS f / % ' , flyers icie. fi ' cig Di t ri o ^ � 3 /` (Staff will supply district number) HOME PHONE V ? 7 -,37 co BUSINESS PHONE S 7 /�/� /' /'�/J /� OCCUPATION LI I C, ! iQ 0330 to , �G�'l.� /Ante. sg ie . p Are you a resident o Edgewater y How long S years Is your principal place of employment in Edgewater? E d P,�`LY"` .S if yes how long? �o,��e at-' Briefly state your interest in serving on a City board, agency or committee: Give_ bc.kTa j CoNvvi-vm"..447 A4411 To 4 • C Pro ko o vQ C t ATj + e U+& E 5 4 State your experience /qualifications' Qa \ E._ - e_ Si m ∎t4.:. viG (AND Via fesT mna - 2,oa\(cl' Are you a registered voter? yes Are you employed by the City? t\/ODo you hold public office? No At the present time, do you Serve on any other Boards, Agencies, or committees? Ah2 If so, list each: Have you ever served on any boards, agencies, or committees? I f so, list each: n.e. :Q 4 \ ovt es �ecUe_ •rl C.\ • e •� � `� c (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD BEAUTIFICATION & TREE COMMITTEE LIBRARY BOARD CITIZEN CODE ENFORCEMENT BOARD PARKS & RECREATION BOARD CONSTRUCTION REGULATION BOARD PLANNING & ZONING BOARD ECONOMIC DEVELOPMENT BOARD POLICE PENSION BOARD FIREFIGHTERS PENS ON .D , VETERANS PARK ADV. COMMITTEE Nftly S IGNATURE & �'• DATE: // ** SEE REVERSE SIDE FOR "TING OF BOARDS, AGENCIES AND COMMITTEE j (REV 10- 30 -97) 1C - '7A10:= RCVD THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 APPLICATION FOR APPOINTMENT TO CITY *ow BOARDS, AGENCIES OR COMMITTEES +, C NAME . S a S H n /-/ a m ,� v d - D t S "�' ADDRESS �/ 1 / �/ .S /1 4 / ) /� L 1) / HOME PHONE 4/1 - O 7 ? BUSINESS PHONE OCCUPATION �1 c' 7l t' E' d Are you a resident of Edgewater y F .5 How long 6' ( 1 f l l" Is your principal place of employment in Edgewater? if yes how long? Briefly state your interest in serving on a City board, agency or committee: /7 / /►l fig I- .( ! 4.) iJ i e- 5 4 r2c1 kh if AI% AO Are you a registered voter? y ' Do you hold public office? Ii 0 Are you employed by the City? A) '0 At the present time, do you serve on any other Boards, Agencies, or committees? At o If so, list each: Have you ever served on any boards, agencies, or committees ?ye S If so, list each: o 7 / r Br) 4 [s d -- Y I- S'. ' Cat 2 / S:C'o /eh, / O<r 0)--) 10e4-/ <`_' ea) (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER ANIMAL CONTROL BOARD CONSTRUCTION REGULATION BOARD CITIZENS CODE ENFORCEMENT FIRE PENSION BOARD GENERAL EMPLOYEES PENSION I/ ECONOMIC DEVELOPMENT LAND DEVELOPMENT & REG. AGENCY LIBRARY BOARD POLICE PENSION BOARD PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE SENIOR AD HOC COMMITTEE SIGNATURE ..� ., .Ci , I Li. iii ' i r DATE: / �� ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES ** '' keie /1--q4 1 AGENDA REQUEST C.A. NO.: 99 -142 Date: December 23 1999 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT 01 / 0 3/ 2 0 0 0 BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: 4 Amendment to Agreement for Janitorial Services BACKGROUND: Attached is a copy of a proposed Fourth Amendment to the Agreement for Janitorial Services in reference to the CAPS Program Headquarters located at 102 Louisa Drive, Edgewater. Pursuant to this Amendment, Kathleen DeRosier would provide janitorial services to this facility for a monthly fee of $150.00. The service that Ms. DeRosier provides to the City have been exemplary. RECOMMENDATION /CONCLUSION: Staff recommends that Council consider approval of the attached 4 Amendment to the Agreement for Janitorial Services. FUNDS AVAILABLE: (ACCOUNT NUMBER) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: - hief Lawrence Schumaker Kenneth R. Hooper ti City Manager Nome Robin M. Wolf Legal Assistant rmw FOURTH AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES THIS AMENDMENT TO AGREEMENT made this day of January, 2000, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter "City ") and KATHLEEN DEROSIER, (hereinafter "DeRosier "). WITNESSETH, that the parties hereto have agreed to amend that certain Agreement between the parties dated November 7, 1994, that certain First Amendment to Agreement for Janitorial Services dated March 6, 1995, that certain Second Amendment to Agreement for Janitorial Services dated September 18, 1995, and that certain Third Amendment Agreement for Janitorial Services dated August 5, 1996 such that: A. Section 1. Scope of Services is hereby amended as follows: In addition, effective January 3, 2000, DeRosier shall provide the City with janitorial services for the CAPS Program Headquarter located at 102 Louisa Drive, Edgewater, as set forth in Exhibit A which is attached hereto and incorporated by reference. B. Section 2. Compensation is hereby amended as follows: DeRosier shall provide janitorial services for the CAPS Headquarters for a fee of one hundred fifty 00 /100 dollars ($150.00) per month. This fee shall be in addition to the fee for providing janitorial services to City Hall, the Community Development area, the Building Department, the Community Center restrooms, the Police Department, and the Investigation Department. DeRosier shall be compensated on a monthly basis upon the submittal of an invoice sufficient for audit purposes. C. In all other respects, the terms and conditions of that certain Agreement dated November 7, 1994, that certain First Amendment to Agreement for Janitorial Services dated March 6, 1995, that certain Second Amendment to Agreement for Janitorial Services dated September *m' 18, 1995, and that certain Third Amendment to Agreement for Janitorial Services dated August 5, 1996 shall remain in full force and effect. (Agreemnt/DeRosier -4th) 1 *.r. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Donald A. Schmidt City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: City Attorney WITNESSES: By: Kathleen DeRosier (Agreemnt/DeRosier -4th) 2 EXHIBIT "A" CITY OF EDGEWATER 011• POLICE DEPARTMENT CAPS PROGRAM HEADQUATERS 102 Louisa Drive, Edgewater The addition of the Caps Program Headquarters to be included in the current agreement, will include the general cleaning description of janitorial services provided in Exhibit "A" in the Agreement dated November 7, 1994. The services for the CAPS Program Headquarters will be provided twice per week and billed/invoiced on a monthly basis. low KATHLEEN DEROSIER 127 New Hampshire Street Edgewater, Florida 32132 (904)427 -4639 low (Agreemnt/DeRosier -4th) 3 AGENDA REQUEST Date: December 27, 1999 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT X BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Purchase Chevrolet Maintenance Van, 4 x 2 BACKGROUND: Continued effort to upgrade the vehicle fleet of the Parks and Recreation/Maintenance Department. This vehicle will replace current maintenance van, a 1987 Chevrolet with mileage over 190,000 miles. RECOMMENDATION /CONCLUSION: %r: The Parks and Recreation Department has budgeted this fiscal year to purchase a new maintenance van. Staff recommends that City Council approve purchase of this vehicle with tow package through the State contract bid from Gateway Chevrolet- Mazda, for the sum of $17,225.00 FUNDS AVAILABLE: ACCOUNT NUMBER: 10520 -56640 SPECIFY IF BUDGET AMENDMENT IS REQUIRED) No PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Jack Corder Director of Parks & Recreation/Maintenance litaw Concurrence: Ken Hooper City Manager • 070 - 300 -403 CARGO VAN, TYPE B, 4X2 Page 1 of 5 070- 300 -403 CARGO VAN, TYPE B, 4X2 (10B)(10 -MODEL II) b (REV 20 SEP 99) 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 USE USED REGULARLY FOR HAULING BULK CARGO THAT MUST BE SECURED OR PROTECTED FROM THE ELEMENTS, MEDIUM TO HEAVY DUTY TOWING AND TRANSPORTATION OF UP TO TWO INDIVIDUALS ON THE HIGHWAY AND OFF THE HIGHWAY ON UNIMPROVED ROADS. STD. CARGO AREA: 106 inches x 70 inches x 50 inches * STD. CARGO VOLUME: 240 cu. ft. STD. WORKING CARGO CAPACITY: 1850 lbs. ** low STD. TOWING CAPACITY: 4000 lbs. PERFORMANCE OPTIONS CARGO LBS. OR TOWING LBS. OPT. 2005, TRAILER TOW PKG. 1850 OR 5000 OPT. 2006, TRAILER TOW PKG. (DSL) 1350 OR 7500 OPT. 9906, HD STEP BUMPER (DSL /GAS) 1350/1850 OR 4000 * Distance between wheel housings ** Approx. net capacity, deducting weight of driver and one passenger 10. ENGINE: Gasoline engine, V8, minimum 5.0L (305 CID) and 220 (nominal) Net HP; standar( alternator and battery; standard cooling system. 20. TRANSMISSION: Minimum 4 speed automatic with overdrive. 30. AXLES: Standard axle ratio for specified engine /transmission combination. Now 40. PERFORMANCE ITEMS: Standard instrumentation; power steering. 50. COMFORT ITEMS: Air conditioning, front only; all glass tinted; AM -FM radio; vinyl seat up headliner in driver area. 60. SAFETY ITEMS: 4 -wheel anti -lock braking system; dual outside mirrors; interior dome lights bags, driver and passenger. Standard air bag(s) may not be deleted. Fleet deletes for air bag(s) not be used. • 070 - 300 -403 CARGO VAN, TYPE B, 4X2 Page 2 of 5 70. TIRES & WHEELS: Five (5) LT225/75R16D or larger radial BSW all season tread tires; spar( and wheel, mounted inside or outside; jack and lug wrench. 80. CHASSIS, FRAME, CAB: Minimum 7200 lbs. GVWR; minimum 2150 lbs. (nominal) payloax minimum 127.0 inch wheelbase; minimum 78.0 inch overall width; hinged right side load doo hinged dual rear doors; glass in rear doors; bucket seats for driver and one passenger; front an vinyl floor coverings; painted or chrome front and rear bumpers; all manufacturer's standard c STATE: GVWR: 7300 PAYLOAD: 2326 90. CONDITIONS: All enclosed Conditions and Requirements shall apply. 070 - 300 -403 MAKE: CHEVROLET EXPRESS (10B)(10 -MODEL II) DEALER DISCOUNT* MODEL PRI Western District GATEWAY CHEVROLET -MAZDA 0 CG21405 15,905 Northern District GATEWAY CHEVROLET -MAZDA 0 CG21405 15,885 Central District GATEWAY CHEVROLET -MAZDA 0 CG21405 15,905 Southern District GATEWAY CHEVROLET -MAZDA 0 CG21405 15 925 NOTE: ONLY THE ABOVE NAMED DEALER(S) IS /ARE AUTHORIZED TO SELL THIS COMMODITY UNDER THIS CONTRACT! SEE FACTORY CUT OFF DATE INFORMATION IN ORDERING INSTRUCTIONS. *Discount for unit for vehicle picked up by ordering agency at contractor's place of business. Approximate delivery time required after receipt of order: 120 DAYS STATE USE ONLY BASE VEHICLE: EPA MILEAGE: 16 LIFE CYCLE FUEL COST $5,000.00 OPTION: 070 - 300 -404 - Option, Cargo Van, Type B, 4x2, Spec. 10B • 070 - 300 -403 CARGO VAN, TYPE B, 4X2 Page 3 of 5 OPTIONS: 1003 Diesel engine, V8, minimum 6.5L (395 CID) and 190 CODE: L65 PRICE: 3574■ (nominal) Net HP. (NOTE TO USER: DO NOT ORDER THIS OPTION WITH OPTIONS 2005 OR 2006.) 1004 O.E.M. alternative fuel conversion ready engine. To CODE: PRICE: N/A include all internal modifications required for aftermarket conversions for operation of natural gas. State engine manufacturer and model no. bid. MANUFACTURER: MODEL NO.: 2005 HD trailer towing equipment for towing up to 5000 lbs. GM: Includes these components: 5.7L V8 engine CODE: S63 PRICE: 1320.' (L31), 5 -lead wiring harness, HD flasher, HD Class III receiver hitch, 5000 lbs. capacity, installed, with adapter, pin, clip and 2 inch diameter ball. 2006 HD trailer towing equipment for towing up to 7500 lbs. Includes these components: 6.5L turbo diesel engine CODE: SCIV PRICE: 4024.' (L65), 4.10 rear axle ratio (GT5), 5 -lead wiring law harness, HD flasher, HD Class IV receiver hitch, 10,000 lbs. capacity, installed. 3002 Limited slip or locking differential. CODE: 680 PRICE: 217.0' 5003 Electronic speed control with resume feature. CODE: ZQ3 PRICE: 332.0' AGENDA REQUEST Date: 12/17/99 PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CONSENT AGENDA XX OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Upgrade of Water Treatment Plant Lime Slurry Pumps (Budgeted Item) BACKGROUND: Due to age (wear and tear) and increased pumping demands, the lime slurry pumps used in the water softening process at the Water Treatment Plant need to be replaced. One additional advantage will be realized in that the increased volume of the new pumps will allow us to alternate them at high flow and have one pump in reserve for emergency or maintenance activities. RECOMMENDATION /CONCLUSION: Staff is respectfully requesting the Edgewater City Council approve the purchase of three lime slurry pumps from Watson - MarlowBredel at a cost of $5,600 each, or a total of $16,800.00. taw Staff declares this item to be sole source as the variable frequency drive unit and thermal overload protection is compatible with the existing pumps, and to modify these components would cost $10,000 to $15,000 if we went to a different pump. FINANCIAL IMPACT: $16,800.00 FUNDS AVAILABLE: ACCOUNT NUMBER: Water/Machinery & Equipment (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: err+ Terry A. W'• sworth en th Hooper Director of Environmental Services City Manager TAW:dmc ARTWTP M emo To: Terry A. Wadsworth, Director of Environmental Services From Rob DeLoach, Water Plant Superintendent Date: 12/07/99 Re Lime Slurry Pump Upgrades Due to increased pumping demands on our lime slurry pumps we need to upgrade three of them to the next size up. We can accomplish by keeping the same company ,Watson - Marlow /Bredel, and eliminating the need for reprogramming the Variable Speed Drive (VFD), and new thermal overload protection as we can use the existing system. This is a savings in the $10,000 to $15,000 range. The upgrades will be $5,600 each, or $16,800 for all three. I recommend we upgrade all three so we NINNY can have two running, and one in reserve for when we have two Claricones online. Please find the quote from Watson - Marlow - Bredel attached. • Page 1 .'-er • JUL - 24 -1998 13:12 FROM WATSON— MARLOW /BREDEL PUMP TO 19044242492 P.03 x.II.. E'`, JJ �: U , i t 4 iii W page 3 of 6 July 24, 1998 Quote # WMO299 -R1 David Leroux II City of Edgewater _ W atson M. arlow /Bredel SPX/40 Hosepump Assembly • Nominal Flow; 5-20 GPM when used with existing drive panels • Cast iron pumphead with sealed bearing hub for flange mounting of gearbox i • Carbon steel cover with rotational indication and lubricant level viewing window . i • Cast iron rotor with internally mounted sealed bearing housing and twin adjustable epoxy shoes • Sealed bearing housing located within the rotor, directly under the Toad, with: open channel teak path for visual detection of bearing seal failure to prevent bearing contamination or corrosion caused by hose failure. i • Sealed and internally mounted splined rotor shaft for direct coupling of pump and gearbox gearbox isolation from the pumping chamber • Galvanized steel pump mounting supports • Glycerin /Glycol Lubricant • 40mm Natural Rubber Hose with 1.5" 150# flanges with 316 Stainless Steel ;inserts y • ,Dir copied planetary gearbox, 2 stage, 57 rpm nominal output, NEMA C motor 'input frame • J • Reliance2 HP TEFC motor, energy efficient, 1.15 service factor, 230 /460VAC, 60 Hz,. 3- phase,: NEMA 145TC frame D,1,.),. (mile r Price Each. $5,600.00 1s c 5 c ,'c Ii e woolc1 Kee(3 -1v,:s Pr ;ce- CO( Inlet Pulsation Accumulator s -- Z6- 99 1.5" x 1.5" PVC Flanged tee, 304 Stainless Steel Standpipe,' Natural Rubber Hose • Price Each $745.00 7 ..,i _ E dgewater, TSC, WMO299.doc Watson - Marlow, Inc. Telephone 978 -658-5168 A member of the 220 Ballardvale Street Fax 978- 658 -0041 Spirax -Sarco Wilmington, MA 01887 Engineering Group Look for us on the Internet at: http: / /www.watson- marlow.com AGENDA REQUEST Date: 12/28/99 PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS "'" CONSENT AGENDA XX OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Request to purchase budgeted truck thru State Bid for Stormwater Department, 4 X 2, 3 /a Ton Ford F150 Pickup with heavy duty towing package. BACKGROUND: This truck purchase was approved as part of the budget process and will replace an old, / / maintenance intensive vehicle. ry/7 D Do /Ms u. p' v' P //p m Jfo�'^'1u� Ji°✓- G'•� fer `m !'vim) RECOMMENDATION /CONCLUSION: I respectfully request the Edgewater City Council approve this budgeted purchase utilizing the State Bid from Duval Motor Company. FINANCIAL IMPACT: $16,620.00 w FUNDS AVAILABLE: ACCOUNT NUMBER: 48538 /56640 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: al Terry A. dsworth Kenneth Hoo er Director of Environmental Services City Manager Nor TAW:dmc O -0 w N '- * * 0 0 'd CA C/) C/) pj z , O tT1 1-3 1-3 1-i g C4 o 0 0 * H H d d d ~d c" H , 5C' trJ d ° O °O 0 O 0 0 p:J � ��. 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F AGENDA REQUEST Date: 12/28/99 PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS ''6r CONSENT AGENDA XX OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Proposal for Preliminary Design Engineering Services for Reclaimed Water Facility Improvements. BACKGROUND: The City of Edgewater needs to make some modifications/additions at its Wastewater Treatment Facility to better serve its existing reclaimed water customers and to provide additional capacity to serve new reclaimed customers. Additional storage, a pump station to withdraw from the lake adjacent to the plant, and enhanced pumping ability are key elements to the project. RECOMMENDATION /CONCLUSION: The preliminary design work will determine site utilization, equipment selection and Florida Department of Environmental Regulation coordination. These tasks are necessary for the final *IOW design and will dictate budget requirements. I respectfully request the City of Edgewater award this work to Honeycutt/PEC Engineers, who are currently engaged as Consulting Engineers for the City of Edgewater. This is a budgeted item with a not to exceed limit of $20,915. FINANCIAL IMPACT: $20,915. FUNDS AVAILABLE: ACCOUNT NUMBER: Wastewater/Professional Services (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: ,cmn).3,C)..0/3 1/-4./ Terry A. Wadsworth Kenn Hooper Director of Environmental Services City Manager TAW:dmc 12/28/99 10:37 $1 407 849 9402 PEC 2 0001 /008 riy / December 22, 1999 P.9324 `J'n P -9324 441011W / ' � f EW- 00/MK -04 41 . 1 " 4147 Mr. Rodney M. Honeycutt, President 11 1 . i Honeycutt & Associates, Inc. 1,11. "a „ '” 605 South Palm Avenue Titusville, FL 32796 Subject: City of Edgewater, Wastewater Treatment Facility Regarding: Proposal for Preliminary Design Engineering Services for Reclaimed Water Facility Improvements Dear Mr. Honeycutt: We are pleased to present the attached proposal for Engineering Services related to the above referenced project. The primary objective of this assignment is to provide the Preliminary Design and FDEP Permitting Assistance for the improvements listed in the attached *toe Preliminary Cost Estimate. Enclosed for your review are man-hour estimates (Attachment A) and cost estimates (Attachment B)_ We propose to perform the engineering services described herein based on an hourly basis with a total not -to- exceed $20,915 without further authorization. PEC proposes to complete this assignment within -ninety-40-)- days after receiving authorization/NTP from the City and the data indicated necessary for the completion of this assignment. We appreciate the opportunity to provide our services for this assignment. If you have any questions or require additional information, please do not hesitate to contact the undersigned. Sincerely, PROFESSIONAL ENGINEERING CONSULTANTS, INC. «a Post -iY Fax Note 7671 OB "jt- 2 € 4t �oagea� err Arthur R. Austin, P.. To 444,1 From . r i t. y ,JT pJ Manager/Environme cod „t ,6 ;4, .i.„ co. nth Phonek �"J PhoneK 407.42L 0( L_ ARA/cs Fax a fey_ kt.24.1- 2.44 3 Fax n ' 9`C9 _eft a t_ 414) 5' 12/28/99 10:38 $1 407 849 9402 PEC 2 (1002/008 Mr. Rod Honeycutt P-9324 December 22, 1999 EW- 00 /MK -04 Page 2 G t TR0991P -9324 pro ,t•r :jL,' Enclosures: (1) Attachment A - Man -hour Estimates (2) Attachment 13 - Engineering Fee Estimate dl.,,, t t h (3) Attachment C - Sub - consultant Proposalgii14r �i '4114, cc: Mr. Tom Kelley P.E-'., PEC 'Vt Approved for Professional Engineering Consultants, Inc. Principal /Officer; Tom Kelley P.E. Title Date 12/28/99 10:38 8'1 407 849 9402 PEC 2 Z003/008 Mr. Rod Honeycutt P -9124 December 22, 1999 EW- 00 /MK -04 Page 3 ATTACHMENT "A" - MAN -HOUR ESTIMATES Task Description / Labor Classification / Hours No Scope of Services p,M. Sr. E, Engr. Des. CAD WP Total A Preliminary Design 1. Visit the project site to verify site specifics related to the design and construction of the 0 1 4 0 0 0 5 proposed improvements. 2. Provide and coordinate field survey for proposed Reclaimed Water GST to establish 1 1 1 0 0 1 4 Topography (1 -foot contours over limit of 1.0 acres), submerged topography (soundings) at Lake for Reclaimed Water Augmentation P.S., location of all existing structures and improvements within project limits (as shown on the atached Sketch), spot elevations of existing structures, tree location (6" +basal diameter), location of property monuments, provide in AUTOCAD 14 format. 3. Review City As -Built drawings and data related to the site and proposed construction and 1 2 4 2 0 1 10 coordinate survey for spot elevations of existing structures and pipe locations. (i.e., existing filters, GST slabs, pump pads) 4, Review survey data to determine requirements for proposed improvements such as 0 1 1 0 0 0 2 drainage, stone water retention, set back requirements. (Based on discussions with City staff, it is presumed that Stormwater Permiting will not be required.) 5. Coordinate geotechnical investigation to address subsoil and groundwater conditions and I 1 1 0 0 1 4 general soil suitability including recommendations for foundation support and site soil preparation and dewatering. 6. Prepare the Preliminary Design of the improvements listed in the attached Preliminary 2 10 24 48 40 2 126 rOr• Cost Estimate. 7. Prepare for and meet with City staff to review the above information before proceeding 4 0 4 0 0 1 9 with the preparation of Preliminary Design Engineering Report. '(The following only pertains to the selected configuration): 8. Prepare "Preliminary Design Engineering Report" for proposed improvements including: 2 10 20 2 12 4 50 design criteria, sizing of chlorinators, High Service and Reclaimed Water Augmnntation pumps & equipment, conceptual sketches, specification outline indicating major pieces of process equipment (Min. 3 manufacturers). 9. Prepare and submit Preliminary Construction Cost Estimate based upon the improvements 1 1 0 4 0 1 7 in the "Preliminary Design Engineering Report". AM) '' u l�In" SUBTOTAL TASK A - Preliminary Design 10 22 49 54 52 9 196 _ o if. �. ice ;!dil �f; ih 400 %IP' �I�ltn abd II i� ff ,Ttl ni hul 12/28/99 10:38 ''1 407 849 9402 PEC 2 el 004/008 Mr. Rod Honeycutt P -9324 December 22, 1999 Ew oo /MK -04 Page 4 ATTACHMENT "A" - MAN -HOUR ESTIMATES *Ifinv Task Description/ Labor Classification / Hours No Scope of Services P.M. Sr. E. Eng. Dcs. CAD WP Total B FDEP Permitting Assistance _ 1. Develop a brief Preliminary Design Report (PDR) based on the criteria developed in the 1 2 8 6 6 4 27 Preliminary Design (above). 2. Review and compile City WW Operating data (influent, effluent, solids) for incorporation 0 2 2 0 0 1 5 into the FDEP permit application. 3. 'Complete FDEP Permit Application Forms 1 and 2A for the proposed improvements as 1 1 4 0 0 2 8 a "Major Modification" to the existing facilities. 4. Prepare revised Operating Protocol as it applies w the proposed improvements. 0 0 2 0 0 1 3 5. Submit two (2) copies of the draft FDEP application package and Operating Protocol to 1 0 2 0 0 1 4 the City for review and revise accordingly. 6. Submit two (2) copies of the Preliminary Engineering Report (PDR) and revised I 0 1 0 0 1 3 Operating Protocol as Supporting Documentation with completed permit applications to FDEP. City of Edgewater to pay allapplicable permitting fees. 7. Respond to Requests for Additional Information (R41) from the FDEP. 1 2 1 0 0 1 5 loay • �,� 1:. SUBTOTAL TASK B - FDEP Permitting Assistance 5 7 20 6 6 11 55 12/28/99 10:39 '$1 407 849 9402 PEC 2 11005/008 Mr. Rod Honeycutt P9324 December 22, 1999 EW- 00 /MK -04 Page 5 ATTACHMENT "B" - COST ESTIMATES Billing TASK A TASK B TOTAL LABOR COST 9 LABOR CLASS Rate Prelim. FDEP HOURS Design Permitting AS919t. Direct Labor _ _ Sr. Project Mgr. 5120.00 10 5 15 $1,800 Senior Engineer $90.00 22 7 29 52,610 Engineer 575.00 49 20 69 55,175 Designer 565.00 54 6 60 53,900 CADD - Tech. $50.00 52 6 58 52,900 i Word Processor 538.00 9 11 20 5760 Sub -Total Hours 196 55 251 Sub -Total Labor 513,307 $3,838 517,145 Avg. Hrly. Rate 567.89 569.78 I. ( 1 , t , ,„..,1,4 11,... , , �! +`l 1411. i�i+ • Other Services - Geotechnical 53,453 50 � a � 1 53,453 4 fir► l � ,�'rr• 50 00''•1 Sub -Total Other Services � 53,453 50 j�1r,r�'` $3,453 Other Direct Costs _ - — Photocopies 8 ' /z "x 11" 520 510 530 Blueprinting 24" x 36" 510 510 520 Plotting 11" x 17" Bond 553 553 5105 Plotting 24" x 36" Mylar 525 $25 $50 Telephone /Fax $25 $5 530 Mileage $74 $0 574 Postage 54 54 58 Parcel Post $0 SO $ Sub-Total ODC $211 5106 5317 Total Costs I Total Costs' 1 516,971 i $3,944 1 1 1 1 I 520,915j err'` Percentages of Est 1.43% 0.33% 1.77% Construction Cost • 12/28/99 10:39 $1 407 849 9402 PEC 2 (006/008 Mr. Rod Honeycutt P -4724 December 22, 1999 EW- 00 /MK-04 Page 6 PREMISES TO PROPOSAL *re' General 1. All information to be provided by the City of Edgewater is presumed to be accurate information and no verification of this data will be required. 2. Work under this authorization shall not begin until all information which will enable the Engineer to proceed with this assignment is received by the Engineer. 3. The generation of new data which may be required also is not included in this scope of services provided by this proposal, except as specifically stated herein. 4. Engineering documents provided herein are not intended or represented to be suitable for reuse by the client or others on extensions of the project or on other projects and that such reuse or modification by the client or the client's consultant without the written verification or adaptation by the Engineer for the specific purposes intended will be at the client's sole risk and without liability or legal exposure to the Engineer or thc Engineer's consultants. 5. Copies of all information related to the existing system, including as builts or record drawings will be provided to the Engineer at no cost by the City of Edgewater. Preliminary Design 1. Copies of all information related to the existing system, including as- builts or record drawings will be provided `'SUM to the Engineer at no cost by the City. 2. It is assumed that all easements, maps and legal descriptions for the site of the proposed improvements have already been acquired. *taw 12/28/99 10:39 $1 407 849 9402 PEC 2 tI 007/008 • Mr. Rod Honeycutt P.9324 December 22, 1999 EW- 00/MK -04 Page 7 PRELIMINARY CONSTRUCTION COST 1STIMATE "taw 1. General requirements including, mobilization demobilization, permits, bonds, insurance, etc. 550,000 2. Effluent pumping modifications including relocation of existing pumps, piping and valves, (1) new effluent pump, electrical, modify. To exist tanks, etc. $275,000 3. 2.25 million gallon concrete effluent storage tank (Crom tank with cover) 5500,000 4. Augmentation pump station including intake piping, wetwell, pumping equipment and pipeline to filters, electrical, etc. $200,000 S. Modifications to exist. Chlorine feed system including new chlorinator, distribution improvements, etc. $20,000 6. Sitework including, clearing, site grading, roadway, etc. 530,000 Sub -Total 1 51,075,000 Const. /Bidding Contingency (Approx. 10 %) 511 0,000 Total Estimated Construction Cost 51,185,000 4 dpniil'1� ^" �, 1 s lim err►' ' 12/28/99 10:40 $1 407 849 9402 PEC 2 008/008 11101 a X Lra W U2 Z 0 i pa U . U u, o o 0 0 0 o v 0 O 1 O ee P d 6 6 _ � N v' 4 M O F •m K ( (! ,, N9 69 cp 69 O P2 w N - .. Nfte F w P. o G m N 0 N 0 ✓ 1—. N O O 0 0 0 0 R G H Ei I O O 'Pf 0 0 V pp O 1:g e fi p© O h N N n E9 'A N .+� ; Vi V f 49 4N V9 VI N ` • y A m A O F V G on N N N N 34. F ? .L s t .L N d = L Er v) v) v) v) a Q • _o O o © © M r'r O U to 69 69 6 69 0 6'3 i 9 O v m H 74. _ a CA ° N ee m x x a 5 i 6 . = 4 t A o4 e 0 ' c o a 5 n o t 'D n. 2 Q 4, n m a c.F . a. I I I I 1 fire G- . AGENDA REQUEST Date: 12/28/99 PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS �r.► CONSENT AGENDA XX OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Discussion of the City of Edgewater's Risk Management Plan (RMP), including a summary of the Off -Site Consequence Analysis portion of the plan. BACKGROUND: Due to revisions in the Clean Air Act, the City of Edgewater has completed and submitted to the appropriate authorities, a Risk Management Plan concerning accidental release prevention at the Water and Wastewater Plants. The RMP is concerned with chlorine and ammonia accidental releases. The law also requires a public meeting to discuss the plan prior to February 1, 2000. RECOMMENDATION /CONCLUSION: Mr. Ted Hortcestein, P.E., prepared the City's Risk Management Plan and will provide a brief presentation for the public and City Council's information. City Council needs to accept Risk Management Plan. FINANCIAL IMPACT: N/A FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: / . x)fA)0c311-ik_ .A1 Terry y A W adsworth Ke : eth : oop • Director of Environmental Services City Manager TAW:dmc RISK MANAGEMENT PLAN EXECUTIVE SUMMARY skftw CITY OF EDGEWATER ALAN R. THOMAS WATER TREATMENT PLANT BACKGROUND The City of Edgewater Water Treatment Plant (WTP) is firmly committed to providing excellent service to its customers while protecting the safety of its neighbors and the surrounding environment. In order to cleanse the processed water of any bacteria, pathogens, or viruses, the Edgewater WTP uses chlorine to disinfect water at its modern facility located in Edgewater, Florida. Chlorine is one of the best disinfection substances currently produced and has the advantage of remaining in water as a residual to continue to disinfect any bacteria that may come in contact with the water in the pipe lines. Like other water utilities, the WTP is required to safely store the chlorine gas. Chlorine gas is relatively inexpensive and operators are very v familiar with handling chlorine. Chlorine is stored under pressure in the liquid form in special chlorine cylinders. A maximum of 8 tons of chlorine is stored at the water treatment plant, and new deliveries of chlorine are made monthly. Chlorine gas is a respiratory irritant and potentially toxic; and to minimize the potential for a chlorine leak a Risk Management Program has been established by the City of Edgewater Water Treatment Plant to .minimize the risk of chlorine gas release to the surrounding environment. The City of Edgewater Water Treatment Facility has never had an accidental chlorine release with offsite consequences and in fact, they are rare in the water treatment business. The absolute worst case scenario as defined by EPA is for the contents of the chlorine container to be released over a 10 minute period. A faster or slower release time will likely result in a smaller chlorine gas plume. For the worst case scenario, the wind is nearly calm, the release occurs at night, the atmosphere is extremely stable, and no actions are taken to stop the leak. The maximum distance this plume could reach and still cause possible long term physical damage to a person who does not evacuate is 3 miles. An alternative worst case scenario was also analyzed by the EPA, using more typical release rates, temperature, wind speed, and atmospheric stability. This results in a chlorine plume with an endpoint of 0.6 miles assuming no actions are taken to stop the leak. For planning purposes, all residents within this distance from the chlorine source in the direction of the wind will be notified immediately with emergency instructions in the unlikely event of an uncontrolled release of chlorine gas. The endpoint distances for the above scenarios corresponds to 3 parts per million (ppm) chlorine gas in the air. The Environmental Protection Agency (EPA) published 40 CFR 68, Risk Management Planning — Accidental Release Prevention Regulations, in June 1996 to implement Section 112 (r)(7) of the Clean Air Act. Risk Management Plans (RMPs) are required by `, organizations that exceed a threshold amount of a regulated hazardous chemical to help prevent accidents, operate safely, and to manage the chemicals safely. The Risk Management Plan will be made available to the public so that communities can determine if any additional safeguards should be made. Completion of an RMP will also provide the majority of the requirements of the Occupational Safety and Health Administration (OSHA) Process Safety Management standard enacted in 29 CFR 1190.119. The Risk Management Program established by the City of Edgewater Water Treatment Facility is designed to minimize the risk of a chlorine leak by establishing numerous controls to assess and prevent any possible hazards. Some of the measures taken to ensure safety include: • Extensive operator training on the operation and handling of all chlorine equipment • Mock chemical emergency drills • Preventive maintenance and testing program • Automatic chlorine leak detectors for instantaneous leak notification • Well designed chlorine system which operates under a vacuum, causing air to leak into the system in the event of a leak • Maintaining the minimum inventory practical s,. • Using the latest technology equipment The City of Edgewater Water Treatment Plant is a modern facility containing reliable equipment. The professionals operating the facility are experienced and well trained. The employees take great pride in serving the City of Edgewater and are dedicated to providing outstanding, safe service. `fir RISK MANAGEMENT PLAN EXECUTIVE SUMMARY `.. CITY OF EDGEWATER WASTEWATER TREATMENT PLANT BACKGROUND The City of Edgewater Wastewater Treatment Plant (WWTP) is firmly committed to providing excellent service to its customers while protecting the safety of its neighbors and the surrounding environment. In order to cleanse the processed wastewater of any bacteria, pathogens, or viruses, the Edgewater WWTP uses chlorine to disinfect wastewater at its modern facility located in Edgewater, Florida. Chlorine is one of the best disinfection substances currently produced and has the advantage of remaining in water as a residual to continue to disinfect any bacteria that may come in contact with the wastewater in the pipe lines. Like other wastewater utilities, the WWTP is required to safely store the chlorine gas. Chlorine gas is relatively inexpensive and operators are very familiar with handling chlorine. Chlorine is stored under pressure in the liquid form in special chlorine cylinders. A maximum of 4 tons of chlorine is stored at the wastewater %ow treatment plant, and new deliveries of chlorine are made monthly. • Sulfur dioxide is used to remove the chlorine from the recycled wastewater prior to discharging the water back to the environment. Like other wastewater utilities, the WWTP is required to safely store the sulfur dioxide gas. Sulfur dioxide is very efficient at removing chlorine from the water. A maximum of 3 tons of sulfur dioxide is stored at the wastewater treatment plant, and new deliveries of sulfur dioxide are made monthly. Chlorine gas and sulfur dioxide are respiratory irritants and potentially toxic, and to minimize the potential for a chlorine or sulfur dioxide leak a Risk Management Program has been established by the City of Edgewater Wastewater Treatment Plant to minimize the risk of chlorine or sulfur dioxide gas release to the surrounding environment. The City of Edgewater Wastewater Treatment Facility has never had an accidental chlorine or sulfur dioxide release with offsite consequences and in fact, they are rare in the wastewater treatment business. The absolute worst case scenario as defined by EPA is for the contents of the chlorine container or a sulfur dioxide container to be released over a 10 minute period. A faster or Naar slower release time will likely result in a smaller chlorine gas or sulfur dioxide plume. For the worst case scenario, the wind is nearly calm, the release occurs at night, the atmosphere is extremely stable, and no actions are taken to stop the leak. The maximum distance this plume could reach and still cause possible long term physical damage to a person who does not evacuate is 3.0 miles for chlorine and 3.1 miles for sulfur dioxide. An alternative worst case scenario was also analyzed by the EPA, using more typical release rates, temperature, wind speed, and atmospheric stability. This results in a chlorine plume with an endpoint of 0.6 miles or a sulfur dioxide plume with an endpoint of 0.4 miles assuming no actions are taken to stop the leak. For planning purposes, all residents within 0.6 miles from the chemical source in the direction of the wind will notified immediately with emergency instructions in the unlikely event of an uncontrolled release of chlorine or sulfur dioxide gas. The Environmental Protection Agency (EPA) published 40 CFR 68, Risk Management Planning — Accidental Release Prevention Regulations, in June 1996 to implement Section 112 (r)(7) of the Clean Air Act. Risk Management Plans (RMPs) are required by organizations that exceed a threshold amount of a regulated hazardous chemical to help prevent accidents, operate safely, and to manage the chemicals safely. The reporting threshold for chlorine gas is 2000 pounds and for sulfur dioxide it is 5000 pounds. The Risk Management Plan will be made available to the public so that communities can determine if any additional safeguards should be made. Completion of an RMP will also provide the majority of the requirements of the Occupational Safety and Health Administration (OSHA) Process Safety Management standard enacted in 29 CFR 1190.119. The Risk Management Program established by the City of Edgewater Wastewater Treatment Facility is designed to minimize the risk of a chlorine or sulfur dioxide leak by establishing numerous controls to assess and prevent any possible hazards. Some of the measures taken to ensure safety include: • Extensive operator training on the operation and handling of all chlorine and sulfur '" dioxide equipment • Mock chemical emergency drills • Preventive maintenance and testing program • Automatic chlorine leak detectors and sulfur dioxide detectors for instantaneous leak notification • Well designed chlorine and sulfur dioxide systems which operate under a vacuum, causing air to leak into the system in the event of a leak • Maintaining the minimum inventory practical • Using the latest technology equipment The City of Edgewater Wastewater Treatment Plant is a modern facility containing reliable equipment. The professionals operating the facility are experienced and well trained. The employees take great pride in serving the City of Edgewater and are dedicated to providing outstanding, safe service. AGENDA REQUEST C.A. NO.: *ti.r DATE: December 22,1999 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT OTHER BUSINESS IV CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Request transfer of $4933.90 from the Law Enforcement Trust Fund , the "fund" into the General Fund to cover the cost of six(6) new Second Chance Body Armor, Ultima Level II body armor — state contract BACKGROUND: Ten officers have been issued this new vest, and because of its light weight , has become the choice of protective gear. The cost of each vest is $822.25 for a total of $4933.90. Six officers have been fitted and measured for these additional vests. BUDGETARY IMPACT: NONE - to be purchased from trust fund RECOMMENDATION /CONCLUSION: Respectfully recommend these funds be transferred to cover cost of new vests FUNDS AYAILIABLE: ACCOUNT NUMBER:: 10000 -15108 : $14295.63 available (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): NA Previous Agenda Item: YES NO X Date: Agenda Item No. Respectfully submitted, Concurrence: o r /� Chief Lawrence F. Schumaker Kenn • h R. Hooper Police Department City Manager Legal 9( LFS /pt AGENDA REQUEST ,`, Date: 12/16/99 PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CONSENT AGENDA XX OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Request to "Piggyback" agreement between H & H Liquid Sludge Disposal, Inc. and Florida Water Service Corporation for Edgewater sludge disposal. BACKGROUND: The City of Edgewater currently hauls and disposes of sludge from its Wastewater Treatment Facility in accordance with FDEP (Florida Department of Environmental Protection) rules and regulations. However, this practice is becoming more restrictive and costly, and requires large tracts of suitable property which the City must purchase or enter loar into agreements with property owners. In addition, personnel and equipment must be dedicated and budgeted for this purpose. RECOMMENDATION /CONCLUSION: To allow staffto evaluate the impact of independent contract sludge disposal as to economics and operations, the following action is requested: 1. The Edgewater City Council is respectfully requested to piggyback the Florida Water Service Corporation agreement and authorize staffto enter into contract with H & H Liquid Sludge Disposal, Inc. at a cost of $30.00 per thousand gallons. "Piggybacking" is acceptable for purchase agreements as referenced in the City's Purchasing Policy and Procedures as revised in November 1998. This contract will run until February 2001. FINANCIAL IMPACT: ±$70,000.00 FUNDS AVAILABLE: ACCOUNT NUMBER: Wastewater (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) To be determined PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. 'fir• Respectfully submitted: Concurrence: • • \_ s� /r , • 11..,E �. Terry A. radsworth Kenne ' 1 Hooper Director of Environmental Services City Manager TAW:dmc 1 CITY OF EDGEWATER PURCHASING POLICIES AND PROCEDURES 'tame L PT TRCHASING PROCESS 1. Purchases under $2,000. Departments should get at least one verbal quote. 2. Purchase Orders from $2,001 to $5,000. Departments must get three written quotes and submit them along with the Purchase requisition to the Finance Director. 3. Purchase Orders from $5,001 to $15,000. Departments must get three written quotes and submit them along with the Purchase requisition to the Finance Director. 4. Purchases over $15,000. All requests for goods or services that exceed $15,000 will require a formal Bid or Request For Proposal. The City Manager is authorized to advertise for Formal Bids or RFPs. *The requirement for quotes, bids or RFPs will be waived if the goods or services are available on State Contracts, State of Florida SNAPS agreements, Florida Sheriff's Bids, GSA contracts, Sicop Bids, or through other governmental entities bids or RFPs that specify that other entities may — purchase from their bids or RFPs. Departments must submit a detailed description of the commodity or services they wish to purchase. Bids and RFPs can have a long lead time, so requests should be submitted at least 90 days prior to any expected delivery or start dates. 5. Bids or RFPs a. Notice of bids or RFPs shall be published at least once in a newspaper of general circulation, and at least seven (7) days prior to the receiving deadline. b. Notice shall state commodity (ies) or service (s) in the Bid or RFP invitation. c. Bid or RFP notice may be sent to qualified bidders from the Master Bidders File located in the Finance Department. d. A copy of the Bid or RFP, or a copy of the legal notice will be made available to all interested bidders. There may be a cost associated with the distribution of Bids or RFP documents. 6. Single /Sole Source Purchase. Single or sole source purchase requests must be accompanied by a Single /Sole source memo signed by the Department Head. The memo must state why the purchase can only be made through one particular vendor, or why a department is requesting a certain make or model. These forms are available in the Finance Department. If it is in the City's best interest 98-R-1 3-Exhibit-A 5 jr / CITY OF EDGEWATER PURCHASING POLICIES AND PROCEDURES ifalilmv services to citizens. These items should have a useful life of at least two years following the date of acquisition and a cost of over $1,000 per individual item. Formal bid A written quotation of price for commodity or service submitted in response to a written invitation or legal advertisement to offer a price for said commodity or service. Such quotations are submitted in a sealed envelope and opened at a specified time and place. GSA Stands for General Services Administration (Federal). Informal Bid A written quotation of price for commodity or service in response to a written or verbal . "Request for Quotation" to offer a price for said commodity or service for purchases under $15,000. Invoice An itemized list submitted by a vendor showing goods and/or services rendered, date of delivery of said goods and/or services and specifying price for same. Lease A contract or agreement for rental of a commodity for a specified time and price. Lease/Purchase AKA Capital lease. A contract or agreement for purchase of a commodity for a specified time. The ownership of the commodity is usually transferred to the City at the end of the term. Piggy Back The ability of one governmental entity to take advantage of another governmental entity's bid, RFP or RFQ or legally ascertained cost or professional acquisition with the consent of the ''kr vendor receiving the award. Purchase order A formal written agreement between the City and the seller to acquire goods and/or services specifying the price for same. 98 -R -13- Exhibit -A 11 31'3 tud J,aSge p - SLUDGE v �� s 01� PASTEURIZING H & H SYSTEM ECYCLING WASTE Inc. - To A RESOURCE- Box 609 • Ft. White, Florida 32038 • (800) 653 -0386 p ., d . ( a C December 10, 1999 -- z ▪ •p rr ' ! .. ': m > 100 , � , City of Edgewater P.O. Box 100 I 4?1�� 4 ; Edgewater, FL 32132 -0100 e 40 "�? Ref.: Sludge Hauling Contract Fk T I L 0 " Dear Mr. Norman: As per our conversation, please be advised that H&H Liquid Sludge Disposal, Inc. has no objections to the City piggybacking our existing contract with Florida Utilities. In our agreement the price for hauling is $30.00 per 1000 gallons per 7000 gallon load. All other stipulations in the agreement will be honored by H&H to the City of Edgewater. Thank you for this opportunity to serve you. H&H appreciates your business. Happy Holidays! Sincerely yours, &os /94,; Rick D. Hacht, President H&H Liquid Sludge Disposal, Inc. RDH /sm Nur / J aZf 1.‘4 infAVICIS Now Agreement for Land Application of Treated Wastewater Residuals This agreement is made this date, February 2. 1999 in accordance with Rule 62- 640.300(5), Florida Administrative Code, (F.A.C.), by and between H &H Liquid Sludge Disposal, Inc. whose address is F,U. liox OW, t't, White, t1ortda 31t)�d (tiereinatter the "11AULt It ") and t'lorida Water Service Corporation (hereinafter "Florida Water ") whose address is P.O. Box 609520, Orlando, Florida 32g60 - 9520. Florida Water owns and operates the Marco Island wastewater treatment facility located at Marco Island, Florida in Collier County, Florida. HAULER is in the business of transporting treated wastewater residuals to approved land application sites. The parties desire that HAULER provide hauling and land application services for wastewater residuals generated by Florida Water at the above -namcd wastewater facility. Therefore, the parties agree as follows: r 1. All terms used in this Agreement shall have the meanings as defined in Chapter 62 -640, F.A.C. 2. HAULER shalt remove, transport, and land apply all residuals generated at the above - named wastewater facility that have been treated by Florida Water as required by Chapter 62 -640, P.A.C. according to the following prices: Liquid residuals: $30.00 per thousand gallons • �. HALJLFR iR AIM of 216 f lIgt1 pftividM a ropy of pdrmif ltUMI f DOl1111S7 for the above -named wastewater facility and shall at all times comply with the conditions of this permit, including but not limited to, the Agricultural Use Plan, and all applicable Florida Administrative Code rules administered by the Florida Department of Envirorunental Protection ( "DEP ") as both the permit and the rules may be amended from time to time. In addition to the foregoing, HAULER specifically agrees drat it will; a. be solely responsible for proper management, use, and land application of the residuals accepted from Florida Water's wastewater treatment facility; and b. meet all monitoring, record keeping, reporting and notification requirements. 4. HAULER has prepared, at no additional charge to Florida Water, all applicable portions of the Agricultural Use Plan, DEP Form No, 62- 640.210(2Xa), which is attached hereto and incorporated Z08 Wd6E:Ft 666t L0' STOP L6' 1706 : 'ON 3N0Hd : WO-1-4 • herein as Exhibit A, for at 6‘t_ Application Sites including, but i of limited to, a list of generators contributing residuals to each Application Site. HAULER shall not transport, deliver or land apply any residuals until Florida Water receives DEP approval of the Agricultural Use Plan. 5. On or before January 15 each year, HAULER shall provide to Florida Water a copy of the Nord completed Residual Annual Summary, DEP Form 62- 640.210(2)0), summarizing the data for the previous year. 6. HAULER is aware of the permitted capacity and the historical quantities of residuals generated at the above -named wastewater treatment facility and warrants that it has sufficient capacity to properly transport, and land apply the wastewater residuals provided by Florida Water pursuant to this Agreement. 7. HAULER shall notify Florida Water in writing immediately if in any case there is a reasonable likelihood that HAULER may become, or is out of compliance with the requirements of their DEP permit or Chapter 62 - 640, F.A.C. Notwithstanding any other provision of this Agreement, in the event HAULER fails to so notify Florida Water, or fails to perform any other obligation under this Agreement, Florida Water may cancel this agreement immediately without ' prior notice to HAULER and may seek all available legal remedies. 8. HAULER shall indemnify and hold Florida Water harmless from and against all loss, cost. expense and liability whatsoever, including Florida Water's attorneys' fees, resulting or occurring by reason of HAULER's activities. HAULER's duty to indemnify shall include indemnification from and against any fine, penalty, liability, or cost arising out of HAULER's violation 'fir.► of any law, ordinance, or governtnental regulation applicable to HAULER's activities. 9. This Agreement shall be effective for a period of two years from the date it is executed unless and until either party terminates this agreement upon 30 days written notice to the other. 10. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements. No amendment or modification of this Agreement shall be effective unless set forth in writing executed by both parties. 11. Neither party shall be in default of the terms hereof if such action is due to a natural calamity, act of government, or similar causes beyond the control of such party. 12. The validity, construction, and performance of this Aareeinent shall he governed by the laws of the State of Florida. BY: , • - �lG�•� c. � By: 44 4. Eric Teittinen `Vice President, Rick D. Racht Now Operations and Engineering Printed Name Florida Water Services Corporation President Title H&ti Liquid Mudge Disposal, Tnc. Company 20d Wd62:Zt 6661 1_0' sTe2 2_617 1706 : 'ON 3N0Hd : 1JO'1d • AGENDA REQUEST Date: 12/28/99 PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS XX CONSENT AGENDA OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Resolution 2000-R-01, referring to an agreement between the City of Edgewater and the State of Florida Department of Transportation for "Utility Work by Highway Contractor" (at utility expense) for the S.R. 442 (Indian River Boulevard) Project. BACKGROUND: The City of Edgewater has previously entered into a Joint Participation Agreement for design services of the S.R. 442 improvement project with the Florida Department of Transportation. The attached agreement, resolution and memorandum of agreement are in reference to a Joint Participation Agreement for construction of the improvements by a sole contractor to perform both road and utility related work. RECOMMENDATION /CONCLUSION: "okrr Staff respectfully requests the Edgewater City Council to approve the proposed Resolution, Memorandum of Agreement, and Agreement (Utility Work by Highway Contractor). FINANCIAL IMPACT: ±$750,000 FUNDS AVAILABLE: ACCOUNT NUMBER: Water & Wastewater/Renewal & Replacement (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) No PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: q Terry A. "s worth Kenneth Hooper Director of Environmental Services City Manager TAW:dmc MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of , , by and between the State of Florida, Department of Transportation, hereinafter referred to as "DEPARTMENT" and the State of Florida, Depaitnient of Insurance, Division of Treasury, hereinafter referred to as "TREASURY" and the City of Edgewater, hereinafter referred to as Niro the "UTILITY ". WITNESSETH WHEREAS, "DEPARTMENT" is currently constructing the following project: Financial Project Identification Number: 240811- 1 -56 -01 State Project No: 79210 -6504 F.A.P. No.: N.A. W.P.I. No.: 5119191 County: Volusia hereinafter referred to as the "Project ". WHEREAS, the DEPARTMENT and the UTILITY entered into a Joint Participation Agreement dated , wherein the DEPARTMENT agreed to perform certain work on behalf of the UTILITY in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DEPARTMENT and the UTILITY to establish an interest bearing escrow account to provide funds for work performed on the Project on behalf of the UTILITY by the DEPARTMENT. NOW THEREFORE, in consideration of the premises and the covenants contained herein the parties agree to the following: 1. An initial deposit in the amount of $750,000.00 (Seven Hundred Fifty Thousand Dollars and no cents) will be made by the UTILITY into an interest bearing escrow account established by the DEPARTMENT for the purposes of the project. Said escrow account will be opened with the Depar tment of Insurance, Division of Treasury, Bureau of Collateral Securities on behalf of the DEPARTMENT upon receipt of this Memorandum of Agreement. Such account will be an asset of the DEPARTMENT. 2. Other deposits will be made only by the UTILITY as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. 3. All deposits shall be made payable to the Department of Insurance Revenue Processinc and mailed to the DEPARTMENT's Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite E *\✓ Mail Station 24 Tallahassee, Florida 32311 ATTN.: JPA Coordinator A copy of the Agreement shall accompany the deposits. 1 o f 2 4. The DEPARTMENT's Comptroller and/or his designees shall be the sole signatories on the escrow account with the Department of Insurance and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the JPA. rr+ 6. The Treasurer agrees to provide written confirmation of receipt of funds to the DEPARTMENT. 7. The Treasurer's Office further agrees to provide periodic reports to the DEPARTMENT. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their officials seals hereto affixed, the day and year first written. UTILITY: CITY OF EDGEWATER BY: (Title: ) ADDRESS: Mr. Kenneth Hopper, P.E., City Manager City of Edgewater P.O. Box 100 Edgewater, FL 32132 UTILITY'S FEDERAL TAX I.D. # Nair STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER BY: (Title: ) STATE OF FLORIDA DEPARTMENT OF INSURANCE, DIVISION OF TREASURY BY: (Title: ) ATTEST: (Title: ) Slow H:\ jpa- uhic \9tddocum.rt[s \memorand. red 2 o f 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RESOLUTION FORM UTILITIES UTILITY AGREEMENT RESOLUTION NO. 2000 —R —01 1 FIN. PROJ. ID SECTION # STATE RD. COUNTY DOC NO FAP # 240811- 1 -56 -01 79210 -6504 442 VOLUSIA 2 N.A. WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as the "FDOT ", proposes to construct or reconstruct a transportation facility identified above, hereinafter referred to as the "Project "; and WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for the City of Edgewater, Florida, hereinafter referred to as the "UAO ", to execute and deliver to the FDOT the agreement identified as UTILITY WORK BY HIGHWAY CONTRACTOR (AT UTILITY EXPENSE) , hereinafter referred to as the "Agreement "; NOW, THEREFORE, BE IT RESOLVED BY THE UAO: That (name) , (title) be hereby authorized and directed to execute and deliver the Agreement to the FDOT. A certified copy of this Resolution be forwarded to the FDOT along with the executed Agreement. ON MOTION of , seconded by , the above resolution was introduced and passed by the UAO on the day of Title: ATTEST: Title: 'fir, i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710- 010 -22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES o2iss (AT UTILITY EXPENSE) Financial Project ID: 240811- 1 -56 -01 Federal Project ID: Work Program Item No. (old): 5119191 County /Section No: VOLUSIA (79) State Job No. (old): 79210 -6504 District Document No: 2 THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT ", and the CITY OF EDGEWATER, FLORIDA , hereinafter referred to as the "UAO "; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as Financial Project Identification Number 240811 -52 -01 , State Road No.: 442 (Indian River Blvd.), hereinafter referred to as the "Project "; and ``e WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and /or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work "; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b) of the Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained *, the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency utility Page 1 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02,99 (AT UTILITY EXPENSE) relocation schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package ") on or Now before March 15, year of 2001. b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. c. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT'S the Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT'S Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be N "' prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. f. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Phase II Documents on December 17, 1999; Phase III Documents on June 16, 1999; and Specifications Review Documents on January 5, 2001. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT'S production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to subparagraph f. above, the FDOT will notify the UAO N— in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as Page 2 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02/99 (AT UTILITY EXPENSE) requested by the UAO; however, the UAO shall at all times be and remain solely ``.r responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: • These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT'S expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT'S expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit : (Note: It is the intent of this line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. 'or.. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. c. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT'S official estimate for the Utility Work by more than ten percent (10 %) and the FDOT does not elect to participate Page 3 of 14 • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02/99 (AT UTILITY EXPENSE) in the cost of the Utility Work pursuant to Section 337.403(1)(b) of the Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 5 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: 1) In -place Density Testing of trench backfill compaction. liour and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in accordance with subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT'S engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT'S engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT'S engineer shall determine are necessary for the prosecution of the Project. The UAO shall not make any changes to the Plans Package after the date on which the FDOT'S contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT'S contract pursuant to Section Page 4 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 - 010 -22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02/99 (AT UTILITY EXPENSE) 337.11 of the Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to subparagraph 4.a. b. The initial estimate of the cost of the Utility Work is $750,000.00. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible Now contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT'S contract and performed separately pursuant to the terms and conditions set forth in subparagraph 2. d. hereof. c. At least thirty (30 ) calendar days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT an amount equal to the FDOT'S official estimate; plus N.A. % for mobilization of equipment for the Utility Work, N.A. % for additional maintenance of traffic costs for the Utility Work, and 2 % for administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said three amounts for mobilization, maintenance of traffic and administrative costs to be hereinafter collectively referred to as the "Allowances "); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the "Contingency Fund "). d. Payment of the funds pursuant to this paragraph will be made (choose one): directly to the FDOT for deposit into the State Transportation Trust Fund. as provided in the attached Memorandum of Agreement between UAO, FDOT and the State of Florida, Department of Insurance, Division of Treasury. Deposits of less than $100,000.00 must be pre - approved by the FDOT Comptroller's Office prior to execution of this agreement. Page 5 of 14 • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02,99 (AT UTILITY EXPENSE) e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to subparagraph c. Now above, then subject to and in accordance with the limitations and conditions established by subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost Page 6 of 14 • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 - 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES o2iss (AT UTILITY EXPENSE) thereof pursuant to the provisions of Section 337.403(3) of the Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) N `" calendar day from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is Tess than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. Naar j. The FDOT shall have the right to retain out of any payment due the UAO under this Agreement an amount sufficient to satisfy any amount due and owing to the FDOT by the UAO on any other Agreement between the UAO and the FDOT, whether existing now or in the future. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. c. I n the event the contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the Page7of 14 • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02!99 (AT UTILITY EXPENSE) claim directly between the UAO and the FDOT'S contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by FDOT to FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of- Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the 'taw right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of subparagraph e. below. c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permitees using or seeking use of the right of way. e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with Page 8 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02/99 (AT UTILITY EXPENSE) regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to soar perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404 of the Florida Statutes. f. Except as otherwise provided in subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: 1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. 2. Pursue a claim for damages suffered by the FDOT or the public. 3. If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. 4. If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. 5. Suspend or terminate the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. Page 9 of 14 f STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 - 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02/99 (AT UTILITY EXPENSE) *tow 6. Pursue any other remedies legally available. 7. Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3) of the Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: 1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. 2. If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. 3. Pursue any other remedies legally available. Now c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non - performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a)promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification Check one of the appropriate boxes ❑ below: 0 For government -owned utilities, To the extent provided by law, the UAO shall indemnify, defend and hold harmless the FDOT and all of its officers, agents and employees from any claim, loss, Page 10 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02,99 (AT UTILITY EXPENSE) damage, cost, charge or expense arising out of any acts, action, error, neglect or omission by the UAO, its agents, employees, or subcontractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees or subcontractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers agents or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and ' lofty the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. ❑ For non - government -owned utilities, The UAO shall indemnify, defend and hold harmless the FDOT and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, action, error, neglect or omission by the UAO, its agents, employees, or subcontractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees or subcontractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers agents or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial Nor of any damage claim or suit and any related settlement negotiations, shall arise within seven (7) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within seven (7) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment Page 11 of 14 • • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02,99 (AT UTILITY EXPENSE) .r finding the FDOT solely negligent shall excuse performance of this provision by the lo UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT'S contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. c. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the ,., provisions of chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate Now persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Mr. Kenneth Hooper, P.E., City Manager City of Edgewater P.O. Box 100 Edgewater, FL 32132 Page 12 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02/99 (AT UTILITY EXPENSE) If to the FDOT: Mr. Frank O'Dea, P.E., Resident Engineer FDOT Daytona Construction Office 915 S. Clyde Morris Blvd. Daytona Beach, FL 32114 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." `err IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: CITY OF EDGEWATER, FLORIDA BY: (Signature) DATE: (Typed Name: (Typed Title: Recommend Approval by the District Utility Office Now BY: (Signature) DATE: William P. Richards, P.E. Page 13 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710 010 - 22 UTILITY WORK BY HIGHWAY CONTRACTOR UTILITIES 02,99 (AT UTILITY EXPENSE) Na lwv FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: (Typed Title: Now FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: (Typed Title: "'fir Page 14 of 14 INTER - OFFICE MEMORANDUM EDGEWATER, FLORIDA TO: Kenneth R. Hooper, City Manager FROM: Elizabeth J. McBride, Assistant to the City Manager '`j�^ C.M. NO.: 00 -001 uu DATE: January 3, 2000 SUBJECT: Proposals for Legal Counsel Attached are copies of proposals for Legal Counsel submitted December 20, 1999, and January 3, 2000. The following is a list of the request for proposals: - Judson I. Woods, Jr. - Stenstrom, McIntosh, Colbert, Whigham & Simmons - Chiumento, Braunstein & Emery, P.A. - Daniel J. 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