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10-18-2010Voting Order Councilwoman Rogers Councilwoman Bennington Councilwoman Rhodes Councilman Cooper Mayor Thomas AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING October 18, 2010 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES — None at this time PRESENTATIONS / PROCLAMATIONS /PLAQUES /CERTIFICATES/DONATIONS a. Presentation by David Bubb, Director of the Regional Communication Center, on contingency transport services. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA - All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. Request for approval of the Combined Operational Assistance and Voluntary Cooperation Agreement for Volusia County, Florida b. Award Bid #10 -ES -006 for Lift Station #5 Improvements to JD Weber Construction in the amount of $127,900. c. Budget amendment to cover damages and reimbursement to barricade at 30 Street and Silver Palm Drive. d. Approval to resurface roads as budgeted in Fiscal Years 2010 and 2011 for an amount not to exceed $252,282 and piggyback Volusia County's bid. 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 1" Reading — Ordinance No. 2010 -0 -22; Amending Article III, Section 21 -36.07 (Boat Docks and Slips) of the Land Development Code. City Council Agenda October 18, 2010 Page -2- b. Resolution No. 2010 -R -18; Joint support between the cities of Edgewater, New Smyrna Beach and Oak Hill for Bert Fish Medical center remaining clinically and financially strong. c. Larry Miller, agent for Close to the Edge, LLC, requesting a Special Activity Permit for a music and art festival to be held at the Edgewater Ranch December 17 -19, 2010 and for an exemption to the number of events /activities permitted per year for this location. 9. BOARD APPOINTMENTS a. General Employees Pension Board — Council's affirmation of the reappointments of Tyna Lynn Hilton, John McKinney and Brenda Dewees. b. Police Officers' Pension Board of Trustees — Mayor Thomas' appointment due to the expired term of Kevin Seymour, who has not requested reappointment. c. Firefighters Pension Fund Board — Councilman Cooper's appointment due to the expired term of Deborah Harrison, who seeks reappointment. 10. OTHER BUSINESS a. Approval of the Coastal Florida Public Employees Association Agreement (General Employees Union Contract). b. Robert Gazzoli, agent for Seaedge Parners LLC, requesting an amendment and restatement of the existing Planned Unit Development (PUD) Agreement for the Edgewater Lakes development. c. Vicki Keepes, agent for the Word Center Inc., requesting the Special Activity Permit fee be waived for the Fall Festival Community Resource event being held on October 30, 2010 at Rotary Park. 11. OFFICER REPORTS a. City Clerk b. City Attorney i. Agreement for Legal Services c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN The next regularly scheduled City Council meeting will be held on November 1, 2010 at 6:00 p.m. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386- 424 -2400 x 1101, S days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1- 800 -955 -8771. AGENDA REQUEST C.A. 92010 -PD001 Date: October 4, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT ITEM DESCRIPTION OTHER CONSENT Octoberl8, 2010 BUSINESS Addendum — Mutual Aid Agreement — Combined Operational Assistance and Voluntary Cooperation Agreement for Volusia County, Florida t . erlZl7Z110L 1 In December 2009 the City of Edgewater entered into a Mutual Aid Agreement with Volusia County and surrounding municipalities that provided for voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and for rendering of assistance in a law enforcement emergency pursuant to Florida Statutes. Approval would provide law enforcement agencies to exercise concurrent jurisdiction which would include: arrests, establishing crime scene perimeters and traffic enforcement pursuant to additional requirements contained in the Addendum. STAFF RECOMMENDATION Staff recommends that the City Council consider approval of the Addendum to the Mutual Aid Agreement — Combined Operational Assistance and Voluntary Cooperation Agreement for Volusia County, Florida. ACTION REQUESTED Motion to approve the Addendum to the Mutual Aid Agreement — Combined Operational Assistance and Voluntary Cooperation Agreement for Volusia County, Florida and authorize the City Manager to execute same. FINANCIAL IMPACT (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: September 13, 2010 Respectfully submitted, Ai i i liar Bennett Chief of Police YES NO YES NO AGENDA ITEM # Concurrence: Tracey . Barlow City anager Robin L. Matusick Paralegal MUTUAL AID AGREEMENT COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION AGREEMENT FOR VOLUSIA COUNTY, FLORIDA WITNESSET WHEREAS, the subscribing law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend .mutual aid in the form of law enforcement services and resources to adequately respond to: 1 . intensive situations including but not limited to emergencies as defined under Section 252.34; Florida Statutes and 2. continuing, multi jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the Volusia County Sheriffs Office, the Daytona Beach Police Departmeijt; D"-ytona Beach Shores Department of Public Safety; DeLand Police Department; Edge"vater 1'0lit.c Department: Holly Hill Police Department; Lake Helen Police Department; New Smyrnc, Beach Police Department; .Oak 1- fill Police Department; Orange City Police Department; Orr__ond !;each Police Department; Port Orange Police Department, Ponce Inlet Police Department; South Daytona Police Department; and the Beach Patrol, Department of Beach Services, have the authorit Linder Section 23. 12, Florida Statutes (et seq.). the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: I . Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. and; 2. Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.31. Florida Statutes. appropriate. The agency head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his /her jurisdiction. for how long such assistance is authorized and for what purpose such authority is granted This authority may be granted either verbally or in writing as the particular situation dictates. Should a sworn law enforcement officer of an agency be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the jurisdiction on routine business. attending a meeting, going to or frorn work, or transporting a prisoner, and a violation of Florida Statutes occurs in the presence of said officer, he /she shall be empowered to render enforcement assistance and act in accordance with law. Should enforcement action be taken, said party shall. as soon as possible, notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including but not limited to. a follow up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and /or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. The agency head's decision in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his /her designee of the agency requesting assistance. CONFLICTS: Whenever an officer. deputy sheriff or other appointee is rendering assistance pursuant to this agreement. the officer. deputy sheriff or appointee shall abide by and be subject to the rules and regulations, personnel policies general orders and standard operating procedures of his /her own employer. If any such rule. regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of cooperative effort as it may pertain to this agreement, the agency head or his /her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: The identity of the complainant. - An address where the complaining party can be contacted. 3 The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, along with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his /her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and /or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of its own employees while In engaged in rendering such aid pursuant to this agreement. subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES IMMUNITIES AND COSTS I. Members of the participating agencies when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside this state under the terms of this agreement shall, pursuant to the provisions of Section 23. l 27(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if they were performing duties inside the political subdivision in which they are normally employed. 2. Each party agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other party to the agreement as set forth above provided however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities and services in furnishing such mutual aid. J. A political subdivision that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. 4. The agency furnishing aid pursuant to this section shall compensate its appointees /employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. 5. The privileges and immunities from liability, exemption from laws. ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of the officers, agents. or employees of the agencies when performing their 5 respective public duties apply to them to the same degree, manner and extent while engaged in the performance of their duties extraterritorially under the provisions of this mutual aid agreement. The provisions of this section shall apply with equal effect to paid. volunteer and reserve employees. 6. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. SECTION VII: CONCURRENT JURISDICTION Whereas, it is to the mutual benefit of the subscribing law enforcement agencies, through voluntary cooperation, to exercise concurrent jurisdiction as set out below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary or are able to expeditiously conclude an investigation by identifying and arresting an offender, the subscribing parties agree as follows: Arrests: Concurrent law enforcement jurisdiction for lawful arrests shall exist in and throughout the territorial limits of participating municipalities and unincorporated areas within Volusia County, Florida, excluding those areas within the territorial limits of municipalities not participating in this Mutual Aid Agreement. This concurrent jurisdiction to arrest shall be limited to persons identified as a result of investigations fora felony, misdemeanor, or arrestable traffic offense occurring in the municipality employing the arresting officer and for which probable cause exists to arrest had the offender been apprehended within the municipality. Concurrent jurisdiction under this subparagraph does not include authority to make non- consensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public. Authority derived pursuant to this 0 subparagraph may be exercised only in places open to the public or private places 2 J into which the arresting officer has entered with the consent of an occupant entitled to give consent. Crime Scene Perimeters: Concurrent law enforcement jurisdiction shall exist for the purpose of establishing a crime scene perimeter or area of containment for the securing of a crime scene or apprehension of suspects. Stationary surveillance activities shall be included within concurrent jurisdiction, provided, however, that appropriate notification is given including the general location of the surveillance and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place or are reasonably anticipated. The following requirements shall apply to any enforcement action taken pursuant to concurrent jurisdiction. 0 C C Prior to taking any enforcement action, the officer shall notify the agency in the jurisdiction where the action will be taken, unless exigent circumstances prevent such prior notification. In this case, notification shall be made as soon after the action as possible. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits, except in the event of an emergency or exigent circumstances. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does not include preplanned operations, undercover investigations, stings. or sweeps. 7 D. Officers shall not conduct routine patrol activities outside of their jurisdiction. E. Copies of reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed or forwarded to the agency head of the agency within whose jurisdiction the action was taken as soon as possible after the completion of the action. F. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and /or crime scenes. G. All provisions of the Volusia County Mutual Aid Agreement shall be in full force and effect as they relate to concurrent jurisdiction. SECTION VIII: INSURANCE COVERAGE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15)(a), Florida Statutes. in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION IX: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until January 1, 2015 unless terminated prior thereto by any or all of the parties here. Under no circa nstances may this agreement be renewed. amended, or extended except in writing. SECTION X: CANCELLATION Any party to this agreement may withdraw from participation by providing each other party with written notice of withdrawal which date shall be specified in the notice. Furthermore, any party wishing to withdraw from participation with one or more other parties may terminate voluntary cooperation with said party(ies) by providing written notice of termination to the effected party(ies) and the Volusia County Sheriff's Office. Should this occur. voluntary cooperation shall remain in force only with respect to the remaining participants. The Volusia County Sheriff's Office shall keep all concerned agencies advised as to current parties to this Mutual Aid Agreement. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. Ben F. Johnson, Sheriff Volusia County /0 .AZI - - Date signed d Kevin Sweat, irector Volusia County Beach Services James T. Dinneen. County Manager Volusia County Michael J`*1Qi wood. Chief Daytona Beach klice Department Date signed Date signed bo Date signed 9 Ja s V. Chisholm, City Manager C' of Daytona Beach 'Stephan crfi f sky, Director Daytch Shores Dept. of Public Safety Michael ooker, City Manager City of Daytona Beach Shores Edward J. Overman, Chief DeLand Police Department Michael Pleus, City Manager City of DeLand , William Bennett, Chief Edgewater Police Depu Michael L. Thomas, Mayor City of Edgewater Q1, - '*�. o� Date signed ll , c'. c - I Date signed Ii /(o/c 4 Date signed Date signed Date signed Z 0 0 Dat sign d Date/signed Ill Mark Barker, Chief Holly Hill Police Department 4 uw 4r, g City Manager City of Holly Hill Keith L. Chester, Chief Lake Helen Police Department William V. Snowden, Mayor City of Lake Helen Ronald P. PagN tch QC ief New Smyrna B Police Department Pamela Brangaccio, City Manager City of New Smyrna Beach ief Oak Hill Police Dep ent //- /,Z • '� ©O Date signed 1) // a/p 7 Date signed Date signed Date signed i Date signe Date signed Date signed Darla Laurer. M City of Oak Hill Jeffrey L. Baskoff, Chief Orange City Police Department Chester Murray, City Manager City of Orange City e Miclael Longf45w. Ormond Beach rtment J e Shanahan, City Manager y of Ormond Beach Steven R. Thomas, Chief Ponce Inlet Police Department � f Tonv oudie, Mayor Town of Ponce Inlet Date signe Date signed Date signed /D1- Date signed 1 f 0 7 Date signed \.Nv C 0 Date signed Date signed 12 Gerald M. Monahan, Jr., Chief Port Orange Police Department Kenn th W. Parker, City Manager City of Port Orange /h, 2 Date signed Da e signed 13 William, Chief South 1, yt Police Department 10's"CA W. Y&rbrough, City Manager City of South Daytona /o Z Da sig d Date signed 14 Addendum to the Combined Operational Assistance and Voluntary Cooperation Agreement for Volusia County, Florida. The Combined Operational Assistance and Voluntary Cooperation Agreement for Volusia County. Florida, is amended by adding a new paragraph 3 and renumbering paragraph 3 to becolne paragraph 4 in Section VII. This agreement shall become effective upon signing by all parties_ SECTION VII: CONCURRENT JURISDICTI Whereas, it is to the mutual benefit of the subscribing law enforcement agencies. through voluntary cooperation. to exercise concurrent jurisdiction as set out below, in that officers, while in their or another jurisdiction, are often present at events where immediate action is necessary or are able to expeditiously conclude an investigation by identifying and arresting or citing an Offender, the subscribing parties agree a-s 1'011ows: ,arrests: Concurrent law enforcetent jurisdiction for lawful arrests shall exist In and throughout the territorial limits of participating municipalities and unincorporated areas within VOltisla County, Florida, excluding those areas within the territorial limits of municipalities not participating in this Mutual Aid Agreement. This concurrent jurisdiction to arrest shall be limited to persons identified as a result of investigations for a felony, misdemeanor, or arrestable traffic offense occurring in the municipality employing the arresting officer and for which probable cause exists to arrest had the offender been apprehended within the municipality. Concurrent jurisdiction under this subparagraph does not include authority to make non - consensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public. Authority derived pursuant to this subparagraph may be exercised only in 4 places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Crime Scene Perimeters: Concurrent law enforcement jurisdiction shall exist for the purpose of establishing a crime scene perimeter or area of containment for the securing of a crime scene or apprehension of suspects. Stationary surveillance activities shall be included within concurrent jurisdiction, provided, however, that appropriate notification is given including the general location of the surveillance and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place or are reasonably anticipated. Traffic Enforcement: Concurrent law enforcement jurisdiction shall exist for the enforcement of the Florida traffic statutes on roadways contiguous to and forming the border between law enforcement jurisdictions. This concurrent jurisdiction shall extend to and include the investigation and arrest of any individual(s) found to be in violation of the Florida criminal statutes who has been identified as a result of enforcement of the Florida traffic statutes. For purposes of this concurrent jurisdiction, "roadway" is defined as the paved portion subject vehicular travel and the right -of -way constituting the "shoulder" of the road. The following requirements shall apply to any enforcement action taken, excluding traffic enforcement action, pursuant to concurrent jurisdiction. A. Prior to taking any enforcement action, the officer shall notify the agency in the jurisdiction where the action will be taken, unless exigent circumstances prevent such prior notification. In this case, notification shall be made as soon after the action as possible. B. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. except in the event of an emergency or exigent circumstances. C. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does not include preplanned operations, undercover investigations, stings. or sweeps. D. Officers shall not conduct routine patrol activities outside of their jurisdiction. E. Copies of reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed or forwarded to the agency head of the agency within whose jurisdiction the action was taken as soon as possible after the completion of the action. F. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and /or crime scenes. G. All provisions of the Volusia County Mutual Aid Agreement shall be in full force and effect as they relate to concurrent jurisdiction. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. Ben F. Johnson, Sheriff Volusia County Kevin Sweat, irector Volusia County Beach Services Jaynes T. Dinneen, County Manager Date signed 71 1 6 /�ln Date signed Date signed Date signed ce Department James V. Chisholm, City Manager City of Daytona Beach tny, Director na Beach Shores Dept. of Public Safety Michael Booker, City Manager Date signed L U Date signed — �-) /-q C) Date signed M Volusia County City of Davtona Beach Shores dwar, . /Ocerman, Chief DeLa olice Department Michael Pleus. City Manager City of DeLand i (gym Bennett. Chief Edgewater Police Department Michael L. Thomas, Mayor City of Edgewater Mark Barker, Chief Holly Hill Police Department Dr. Oel Wingo, City Mana r City of Holly Hill Keith L. Chester, Chief Lake Helen Police Department 7 i y/'-'�> Date signed 71/ / (v Date signed 7 i C? Date igne Date signed O 7- i `V- ZO/ C7 Date signed � °ku� D Date signed Date signed 5 Buddy Snoeocn. Mayor City of Lake Helen Ronald p. Paghn ,\hief New Smyrna Beach Police Department /r J Pamela Brangaccio, City Mana ,e City of New Smyrna Beach - y 6" , Diane Young, Chie Oak Hill Police Departme of ate si ned I IC �0 �G Date signed Date sig d Date signed Darla Laurer, Mayor Date sign d City of Oak Hill Frank Ross, , ief Date signed Orange City Police Department 4ity Jie Crote au, City Manager Date signed f Orange City Henry Osterkarnp, Acting Police Chief Ormond Beach Police Department Date signed Joyce Shanahan, Ci"anager Date signed City of Onnond B ' c� 2- L( \Na;n k A Lurcql�ctina Police Chief Date signed I l t�' Ponce UnI& Police/Denartment Tony Goudie, Mayor Date signed(_ Town of Ponce Inlet " �7 Gerald M. Monahan, Jr., Date signed Port Orange Police Department 0 6/2 - 3/,� - Olz) Ke neth W. Parker, City Manager Date signed C3 of PoryOrange . �j 44ifl Half, Chief Date Vigned South aytona Police Department Joseph W. Yar�rougb 4(?I't� Manager Date signed City of South Daytona 7 Joseph W. Yarbrough, City Manager Date signed City of South Daytona AGENDA REQUEST Date: October 4, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER CONSENT _10/18/2010 BUSINESS ITEM DESCRIPTION Award Bid #10-ES-006 for Lift Station #5 Improvements to JD Weber Construction in the amount of $127,900. BACKGROUND On September 28, 2010, five bids were received for improvements to Lift Station #5 which was budgeted in Fiscal Year 2010. JD Weber Construction submitted the lowest bid of $127,900. Quentin L. Hampton Associates and Staff have reviewed the bid documents and recommend award to JD Weber Construction in the amount of $127,900. Community Development Block Grant Funds have been allocated to this project in the amount of $87,900. Fiscal Year had a total of $118,000 reserved for this project. The remaining $9,900 will be paid out of the renewal and replacement fund from Fiscal Year 2011 undesignated projects. STAFF RECOMMENDATION Staff recommends awarding the bid for Lift Station #5 Improvements to JD Weber Construction in the amount of $127,900 and authorize the budget amendment allocating $118,000 from FY2010 carry forward and $9,900 from FY2011 undesignated projects. ACTION REOUESTED A motion to approve the consent agenda as stated. FINANCIAL IMPACT (Finance Director) $127,900 FY 2010 Budget — 444 - 5555 - 580.64 -10 $118,000 FY 2011 Budget — 444 - 5555 - 580.64 -10 $9,900 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES _XX_ NO . John McKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Respectfully submitted, —V��"x 2�y�� Brenda L. Dewees Director of Environmental Services Concurrence: Robin L. Matusick Paralegal rac T. Barlow C' Manager MARK A. HAMPTON, P.E. L Quentin L. Hampton ton Associates, Inc. BRAD T. BLAIS, P.E. p DAVID A. KING, P.E. Consulting Engineers ANDREW M. GIANNINI, P.E. P.O. DRAWER 290247 KEVIN A. LEE, P.E. PORT ORANGE, FLORIDA 32129 -0247 September 29, 2010 Brenda Dewees Public Works Director City of Edgewater P.O. Box 100 Edgewater, FL 32032 CITY OF EDGEWATER LIFT STATION #5 IMPROVEMENTS BID NO. 10 -ES -006 Dear Ms. Dewees: TELELPHONE: (386) 761 -6810 FAX: (386) 761 -3977 EMAIL: qlha@qlha.com Enclosed is the Certified Bid Tabulation for this project. Five (5) bids were received on September 28, 2010 with J.D. Weber Construction submitting the lowest bid of $127,900.00. We have reviewed J.D. Weber's bid documents and found them complete. J.D. Weber Construction is well known to our firm. They have successfully completed many projects over the years that we have been involved with. We therefore recommend award to J.D. Weber Construction. Please contact our office if you have any questions. Sincerely, QUENTIN L. HAMPTON ASSOCIATES, INC. Kevin A. Lee, P.E. Project Engineer KAL: ah Enclosure CC: Bobby Laramore, City of Edgewater EW76 z z W � W W Q a Ln Ca W Q Q LL. F- W LL V O � L .C3 L w Q� U O L y O_ O '-' (n C O 7 O L O U Q >, ca E C fS3 O V) W L > N L) 'D L � V) a - o a� N � f E O N L C O O � O O C6 U (i) (0 U E O N L L L w O m U E _0 T Ln O C \ CU O O fib o (0 U E U O 06 U V) 7 C (U C O U C O U a� N i J� N � O O O O O 0 0 0 0 0 Cn O Ln O O O Q O Ln O O O O M M N b9 r EA O � O O O O O O O o 0 0 0 p O o 0 0 0 p ,J O O O O O O O O CD Ef? 69 69 N b4 '4 6R O o 0 0 0 F.o0oo0 O O O O O O 0 0 6 0 0 CD L\ N O O N M cb N .-+ O b9 69 EA Q bR V) Ln Vn j a w _J d N O � u y 3 V c c o V o o a m 0 z N M Ln C O U 7 C O U C (B L (II U ►E C O f6 O Q 0 U U Ln m w �U W> N) W J Q Lip W Li. (") z �O U> z W 0 0 CV C=3 n ' U) (__.; W '' w Of W Q a O o 0 0 0 0 Cl o 0 0 o p 0 0 0 0 0 0 O O O O O o o 0 C C 0 0 Lo .-r N N '--� —+ 69 ER 4 koc� LO LO Ln O O O O O O o 0 0 0 (n O O O O O O O O O O O V C C 0 0 C Lo .--I N N r-1 �, �-••� N �A Vj 64 bq O O O o O O O o o O O p o O O O O p O o In O O N o O N O Ln [r , �O O J' N r, C+) Q c-+ " fi? I 6R d4 O O O O o E- O O O o 0 O O O o 0 Q O O Ln O O V O O N O Ln bq b V) vn (n Q V) d _N Z C V m h o C c `� Tt V o o a, Cj ro V, � w N 0 Z M Ln V) i E— 3 C1] O o o 0 0 0 0 o o O O O O O O O O O O O p p o't000 ornOOO Q Q , V O O C C 1 17 O O L Ln M M N L Ln 0 00 N N N N b4 6 64 M M O c c+ M M L6 O O O o o 0 0 0 0 [► O O O O o o 0 0 0 0 �o - -t 0 000 O O O r rn O O o o O O V O O C CN Q Q� O O L Ln E� N N L Ln 0 06 N N N N Z � r� O O ' 'Q 3 s sfl t to 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O p p O L Ln 0 0 0 0 C C) L Llj .� O O L Ln o o O O O O t to Q O O O O o o o o � � E-. O O M M M M N N. 4 4 a a O O . . 1 b bH 6 69 a L L � � r r - � � C O U 7 C O U C (B L (II U ►E C O f6 O Q 0 U U Ln m w �U W> N) W J Q Lip W Li. (") z �O U> z W 0 0 CV C=3 n ' U) (__.; W '' w Of W Q a O o 0 0 0 0 Cl o 0 0 o p 0 0 0 0 0 0 O O O O O o o 0 C C 0 0 Lo .-r N N '--� —+ 69 ER 4 koc� LO LO Ln O O O O O O o 0 0 0 (n O O O O O O O O O O O V C C 0 0 C Lo .--I N N r-1 �, �-••� N �A Vj 64 bq O O O o O O O o o O O p o O O O O p O o In O O N o O N O Ln [r , �O O J' N r, C+) Q c-+ " fi? I 6R d4 O O O O o E- O O O o 0 O O O o 0 Q O O Ln O O V O O N O Ln bq b V) vn (n Q V) d _N Z C V m h o C c `� Tt V o o a, Cj ro V, � w N 0 Z M Ln V) i E— 3 C1] V) i E— 3 C1] SECTION 00300 It • • FOR LIFT STATION #5 IMPROVEMENTS BID NO. 10 -ES -006 (To be Completed in Triplicate) Bidder's Name: J�� .�,Q �oitJST,P�/c7 Submitted: d9 Z8 20 City of Edgewater City Clerk P.O. Box 100 Edgewater, FL 32132 -0100 Gentlemen: The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as principal or principals, is or are named herein and that no other persons than herein mentioned has any interest in the Bid or the Contract to which the work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making a bid or proposal and that the Bid is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares that he /she has examined the site of the work and that from personal - knowledge and experience, or that he /she has made sufficient test holes and /or other subsurface investigations to fully satisfy him/her self that such site is a correct and suitable one for this work and he /she assumes full responsibility therefore; that he /she is familiar with all legal requirements (Federal, State and local laws, ordinances, rules and regulations) pertaining to the Work; that he /she has examined the Drawings and Specifications for the work and from his/her own experience or from professional advice that the Drawings and Specifications are sufficient for the work to be done and he /she has examined the other Contract Documents and all addenda relating thereto, and that he /she has satisfied him/her self fully, relative to all matters and conditions with respect to the work to which this Bid pertains. The Bidder proposes and agrees, if this Bid is accepted, to contract with the City of Edgewater, (Owner) in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, transportation, and labor and to perform all work necessary to complete the Work specified in the Bid and other Contract Documents. 00300-1 The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the Work as stated in the Contract Form. The Bidder further agrees that the deductions for liquidated damages, as stated in the Contract Form, constitute fixed and agreed liquidated damages to reimburse the Owner for additional costs to the Owner resulting from the Work not being completed within the time limit stated in the Contract Form. The Bidder further agrees to execute a Contract and furnish satisfactory Certificates of Insurance, within ten (10) consecutive calendar days after written notice being given by the Owner of the award of the Contract, and the undersigned agrees that in case of failure on his/her part to execute the said Contract, and Insurance Certificates within ten (10) consecutive calendar days after the award of the Contract, the bid guarantee accompanying his/her bid and the money payable thereon shall be paid to the Owner as liquidation of damages sustained by the Owner; otherwise, the bid guarantee shall be returned to the undersigned within fifteen (15) days after the Contract is signed and Insurance Certificates are filed. The undersigned agrees to accept as full compensation for completion of the project in full compliance with the Contract Documents, the unit prices for the items named in Section 00310, Schedule of Unit Prices, submitted herein with this Bid. The undersigned offers to furnish all materials, equipment and labor for construction of "LIFT STATION #5 IMPROVEMENTS, BID NO. 10 -ES -006" for the City of Edgewater, Florida, complete in every respect in strict accordance with the Drawings, _ Specifications and any future changes therein. The Contractor shall perform these obligations for the prices listed in the Schedule of Unit Prices, Section 00310 attached and made a part of this Bid. The estimated bid total: SE ilEJ 1V,1XC Dollars (In Words) E� / XeV. (In Figures) COMPLETION TIME OF CONTRACT The Contractor agrees that the work shall be started not later than the date indicated in the Notice to Proceed and that the work shall be substantially completed in 120 (One Hundred Twenty) calendar days with an additional 30 (Thirty) calendar days for final completion. The Contractor further agrees that for each calendar day, with the exception of Sundays and legal holidays that any work that shall remain uncompleted after the completion time stipulated above the sum of $500 (Five Hundred Dollars) shall be deducted from monies due the contractor, not as a penalty, but as liquidated damages. If the Contractor is declared in default in accordance with the 00300-2 provisions of the Specifications, liquidated damages shall be charged as provided herein, and such _ amounts shall be deducted from the final amount payable to the Contractor. Should the total amount chargeable as liquidated damages exceed the amount due or payable to the Contractor, then such excess shall be paid to the Owner by the Contractor. SUPPLEMENTAL REQUIREMENTS The following documents shall be completed and attached to and made a condition of this bid: (a) Schedule of Unit Prices: Section 00310 (b) Statement of Bidder's Qualifications: Section 00320 (c) Listing of Subcontractors: Section 00330 (d) Listing of Previous Experience: Section 00331 (e) Bid Bond: Section 00410 (f) Public Crimes Entity Statement: Section 00470 (g) Anti- Collusion Statement: Section 00480 (h) Drug Free /Tie Preference Statement: Section 00485 (i) Trench Safety Affidavit: Section 00490 0) Certificate as to Corporate Principal: Section 00620 REQUIRED DISCLOSURE At its sole discretion, the City of Edgewater, Florida may reject any bidder the City finds to lack, or whose present or former executive employees, officers, directors, stockholders, partners or owners are found by the City to lack honesty, integrity, or moral responsibility. The discretion of the City may be exercised based on the City's own investigation, public records, or any other reliable sources of information. By submitting a bid, bidder recognizes and accepts that the City may reject the bid based upon the exercise of its sole discretion and bidder waives any claim it might have for damages or other relief resulting from the rejection of its bid based on these grounds. SCHEDULE OF MAJOR MANUFACTURERS AND SUPPLIERS The equipment manufacturers /suppliers on this project shall be as delineated in the following -- schedule. Bidders should note that the Owner and Engineer have made rigorous investigations of equipment performance and features, and as a result, Bidders are to note that the contract price for this project shall be based on Base Bid equipment. The Base Bid equipment for this project falls under one of two categories. The first category is equipment that the Owner and Engineer have determined will be supplied by a sole source of supply, for which no substitutions or alternates will _ be entertained or allowed. Bidder is advised that offering of any alternatives to the sole source supplied equipment will be grounds for rejection of his bid as not responsive. The second category of equipment includes those items where the Owner and Engineer deem there to be more than one acceptable supplier of the particular item listed. The equipment which falls under these two categories is a shown on the subsequent pages of this Schedule of Major Manufacturers and Suppliers. Bidder is advised that the award of this Contract will be based solely on the use of Base Bid equipment. The following comments relate only to the second category of equipment, where the Contract 00300-3 Documents are based upon the equipment or products available from the suppliers denoted as A, B, C, etc. below. These equipment manufacturers, along with the sole source suppliers constitute the - Base Bid. Provision is made in the Contract Documents for alternate manufacturers and suppliers whose equipment or product may be deemed equivalent in quality (see General Conditions). However, the Bidder must indicate in his Bid which Base Bid supplier he intends to use for each item of equipment _ listed by circling one of the listed manufacturers /suppliers. If the Bidder fails to indicate which listed manufacturer /supplier he intends to use if an alternate is rejected, he must use the supplier listed as "A ". Also, if the Bidder circles more than one listed supplier, he must use the first supplier circled (unless an alternate is approved). If the Bidder desires to propose one or more alternate manufacturers /suppliers, he may write in the name of such alternates in the spaces provided on the Alternate Manufactures /Suppliers page following the schedule. He must, nevertheless, also circle one of the listed manufacturers /suppliers because Bidders' Bid price must be based upon this Base Bid list. Wherever an alternate supplier is — proposed, the Bidder must insert the amount to be deducted from the Contract Price (either lump sum or unit price) if the alternate supplier is eventually approved. If the proposed alternate supplier is determined "not equivalent" by the Engineer, the Bidder must use the circled supplier. For any alternate supplier accepted by the Owner, the Contract Price will be reduced by the deductive amount stated in the Bid. However, the Contract Price will not be adjusted for any alternate supplier rejected. Each proposed alternate will be evaluated in accordance with the General Conditions. The deductive amount specified for alternate manufacturers /suppliers will not be used in determining the successful Bidder. Alternates will be considered only after award of the contract. The Contractor shall reimburse the Owner for any costs directly attributable to the change in suppliers, such as additional field trips for the Engineer, additional redesign costs, additional review and inspection costs, etc. The Owner may request and the Bidder shall supply complete information on proposed alternates prior to the Notice of Award. SCHEDULE OF MAJOR MANUFACTURERS AND SUPPLIERS Category I - Sole Source Equipment Items: NONE Category II - Major Equipment Items: 11306 Wetwell Mounted Sewage Pumping Station a) Smith & Loveless 00300-4 Acknowledgment is hereby made of the following Addenda received since issuance of Drawings and Specifications: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Attached hereto is a cashier's check on the Bank of or Bid Bond for the sum of //(/� &c Dollars ( ), made payable to �� D f% ��f� �G�ie / — (Owner). J , Name of Bidder Address City /State /Zip 396-,� 2727 Telephone co ca zs�2 Contractor's Florida License Number ,� �. Gv�d Ei� Co / � S?'�G1 Cy /G.•u � - (Name of Bidder) (Affix Sea]) ✓� 2�e �4, (Signature of Officer) (Title of Officer) _ The full naives and residences of persons and firms interested in the foregoing bid, as principals, are as follows: END OF SECTION 00300-5 SECTION 00310 SCHEDULE OF UNIT PRICES CITY OF EDGEWATER LIFT STATION #5 IMPROVEMENTS ITEM NO. DESCRIPTION QTY UNIT UNIT COST TOTAL 1 Demolition 1 LS /Z coo. 00 /Z 000.Od 2 Lift Station, Complete 1 LS - 706,00 /03 7001 00 3 Electrical 1 LS 260. DO 2- .06 4 Permit Allowance 1 EA $2,000.00 $2,000.00 5 As -Built Plans 1 LS 000. 00 TOTAL BASEBID OCR _ Submitted b J o- SS f4w ,,;- Contractor: ✓ 1 A A 1 1 -- , 1 - I 1 i� Address: / y�� /y. Ao / " Ilv lvo Telephone: 3B 6 j � �21 - 2 7 Z 2 Fax: State of Florida Certified or General Contractor (Required Information) Licensee: � si5?11 7, 64 , ,/� License No. 's/ CD Z 00310 -1 SECTION 00320 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The bidder may submit any additional information he /she desires. A. Name of bidder. 7 A "— 4 d ,e A) ��iP!! C7' /off G B. Permanent main office address. lwy,�)- C. When organized. D. If a corporation, where incorporated. d /D� E. How many years have you been engaged in the contracting business under your present firm or trade name? F. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 5: G. General character of work performed by your company. 4JVo6e G,Pog,%IA H. Have you ever failed to complete any work awarded to you? If so, where and why? A I. Have you ever defaulted on a contract? If so, where and why? /v J. List the more important projects recently completed by your company, stating the approximate cost for each and the month and year completed. K. List your major equipment L. Experience in construction work similar in type to this project.Zjl M. Background and experience of the principal members of your organization, including the officers. �W' �WE N. Credit available: $ _Sari 0 eO. 0 0 pp � O. Give bank reference: "e .p� O/e,o y,<JV G P. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Edgewater? W3 Q. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Edgewater in verification of the recitals comprising this Statement of Bidder's Qualifications. 00320-1 J.D. WEBER CONSTRUCTION CO. CONTRACTS ON HAND South Street Storm Sewer Improvements Daytona Beach, FL Contract amount = $1,655,413.20 Completion: December 2010 Equip LW -19 Palm Coast, FL Contract amount = $188,020.00 Completion: December 2010 E.R.A.U. Hagedorn Aviation Complex Daytona Beach, FL Contract amount = $218,100.00 Completion: October 2010 Halifax River Subaqueous Water Main Crossing Daytona Beach, FL Contract amount = $286,810.00 Completion October 2010 Segrave Sewer Extension South Daytona, FL Contract amount = $22,054.40 Completion October 2010 N. Duss Street Widening Project New Smyrna Beach, FL Contract amount = $52,560.00 Completion: October 2010 FDOT State Road 5 Daytona Beach, FL Contract amount = $139,882.60 Completion November 2010 J.D. WEBER CONSTRUCTION CO. COMPLETED PROJECTS Project: Reed Canal Basin Stormwater Improvements, Phase 1 Contract amount: $301,365.21 Owner: City of South Daytona, Florida General Contractor: A.M. Weigel Construction, Inc. 200 Magnolia Avenue Daytona Beach, FL 32114 Mike Weigel (386) 257 -6691 Construction of a stormwater pump station, 36" force main, weir structure, 48" drainage pipe and associated structures. Completed 06/10 Project: Putnam Lanes Water and Sewer Improvements Contract amount: $179,562.55 Owner: City of Palatka, Florida 201 N. 2nd Street Palatka, Florida 32177 Rhett McCamey (386) 329 -0109 Construction of a sewage pump station, 8" gravity sewer main, manholes, 2" force main, 8" potable water main and two directional drills. Completed 02/10 Project. Sea Ray Boats Lift Station Contract amount: $165,727.81 Owner: Sea Ray Boats 100 Sea Ray Drive Flagler Beach, Florida 32136 Craig Wall (386) 439 -3401 Construction of a sewage lift station, clearing and grubbing, 2100 If of 4" force main, one directional drill, manhole and restoration. Completed 01/10 Project: Covington Drive and Slater Drive Improvements Contract amount: $252,945.10 Owner: City of Deltona, Florida 2345 Providence Blvd. Deltona, Florida 32725 Gerald Chancellor, P.E. (386) 878 -8998 Construction of 15" through 36" drainage pipe, drainage structures and restoration of existing surface improvements. Completed 12/09 Project: Upgrade Pump Station Nos. 39 -1 and 57 -4 Seminole Woods Blvd. Force Main Contract amount: $1,009,078.70 Owner: City of Palm Coast, Florida 160 Cypress Point Parkway, Suite B -106 Palm Coast, Florida 32164 Steve Flanagan (386) 986 -2354 Construction of 9,700 linear feet of 12" sewage force main, nine directional drills and improvements to two existing sewage pump stations. Completed 06/09. Project: Rains Drive Utility Improvements Contract amount: $228,735.00 Owner: Town of Ponce Inlet, Florida 4300 S. Atlantic avenue Ponce Inlet, Florida 32127 Keith Gunter (386) 322 -6711 Construction of a gravity sewer system, sewer force main, potable water main, potable water services and roadway construction. Completed 05/09 Project: Roberts Road Utility Improvements Contract amount: $246,772.37 Owner: Flagler County Board of County Commissioners 1769 East Moody Boulevard, Suite 309 Bunnell, Florida 32110 Richard Gordon (386) 313 -4046 Construction of a 16" potable water main and an 8" sewage force main. Completed 01/09. Project: Halifax Plantation, Unit 2, Section M Contract amount: $2,295,000.00 Owner: Halifax Plantation, Inc. 4000 Old Dixie Highway Ormond Beach, Florida 32174 John Collins (386) 672 -7957 Construction of two sewage pump stations, sewage force main, gravity sewer, potable water, and drainage systems. Completed 10/08 Project: Alabama Avenue Reuse Main Contract amount: $208,848.00 Owner: City of Holly Hill, Florida 1065 Ridgewood Avenue Holly Hill, Florida 32117 Brad Johnson (386) 248 -9463 Construction of a 12" ductile iron reuse water main and 8" directional drill. Completed 05/08. J.D. WEBER CONSTRUCTION CO. LIST OF MAJOR EQUIPMENT 1 - Komatsu PC300 excavator 2 - Caterpillar 330 excavators 1 - Caterpillar 308 excavator 1 - Caterpillar 303.5 excavator 3 - Caterpillar 938G loaders 1 - Caterpillar 236B skid steer loader 1 - Caterpillar 420 backhoe loader 1 - Caterpillar D3 dozer 1 - John Deere 450J dozer 7 - Pickup trucks 2 - Two axel trailers 2 - 12" vacuum pumps 4 - Vibratory plate tamps J.D. WEBER CONSTRUCTION CO. BACKGROUND AND EXPERIENCE September 28, 2010 J. D. Weber Construction Company is an underground utility contracting business established in August of 2005 and has a corporate office in Ormond Beach, Florida. We are a Florida State Certified Underground Utility and Excavation Contractor and hold a Florida Contractor V license for fire main construction. The officers are Joseph D. Weber, president and Joseph G. Weber, secretary/treasurer and have a combined forty four years of experience in the Florida construction industry. Joseph D. Weber - Underground utility license number CUC1224075, Ten years experience. Joseph G. Weber - Underground utility license number CUCO25621 Joseph G. Weber - Contractor V license number 74188200012006 Thirty four years experience. We have performed numerous municipal, commercial and subdivision projects in the Central Florida area counties of Volusia, Flagler, Seminole and St. Johns. The following is a partial list of our references with contact names and telephone numbers. J.D. Weber Construction Co. 1444 N. Hwy. US 1 Ormond Beach, Florida 32174 386- 671 -2727 (phone) 386- 671 -2471 (fax) jgweber @bellsouth.net jdweber33 @earthlink. net Dated at d�✓�D /v0 this 28 7* day of 20 /49 Name of Bidder By: Z _ Ti State of D e County of G J OSCPN W E13ER being duly sworn deposes and says that he is the SE G�2F1APZ TPC-A5 of -- D W �13C� CDN and that the answers to the C I TY 0 F C7 &Etl A T C,e N ame of rganization foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of S , 20 N otary PUblic My commission expires: ................ I ..... ...G�� rARQLE G ° comrr'r OD0 Expires 712712093 F;orAWWA: IYASSi.. Inc S e.: fW�..:.. a• i.. +�Gi .......................s 00320-2 SECTION 00330 LISTING OF SUBCONTRACTORS The Bidder proposes that the following subcontractors are qualified to perform the referenced work and have successfully done so on recent projects similar in nature and size. Upon approval of subcontractors listed the successful bidder shall not substitute subcontractors without approval from the Engineer. SUBCONTRACTOR COMPANY NAME REFERENCES kew Z f 2) C'e!�' 3) ; , � 17 b �T 1) 2) 3) 1) 2) 3) 1) 2) 3) END OF SECTION 00330- 1 SECTION 00331 LISTING OF PREVIOUS EXPERIENCE The bidder proposes that he /she is qualified to perform the referenced work and has successfully done so on recent projects similar in nature and size. A minimum of three (3) projects must be listed below. The Owner reserves the right to check references and confirm information provided herein. NO. PROJECT OWNER DESCRIPTION /COST REFERENCE 1 2 3 END OF SECTION 00331 - 1 Project: Plantation Oaks of Ormond Beach - Phase I Contract amount: $2,950,000.00 Owner: Plantation Oaks of Ormond Beach 131 -B Business Center Drive, Suite 11 Ormond Beach, Florida 32174 Ronnie Bledsoe (386) 672 -2284 Construction of potable water, reclaimed water, sewage force main and drainage system infrastructure. Completed 02/08. Project: Mirror Lake Watershed Improvements Contract amount: $375,000.00 General Contractor: D & W Paving, Inc. 308 Sunset Avenue Holly Hill, Florida 32117 Owner: City of Flagler Beach Construction of a box culvert and drainage system. Completed 12/08. Project: Jon Hall Cadillac — Phase 1 Contract Amount: $393,255.00 General Contractor: P & S Paving, Inc. 3701 Olson Drive Daytona Beach, Florida 32124 Owner: Jon Hall Pontiac — GMC Construction of sanitary sewer, potable water, fire service, and drainage systems. Completed 07/08. Project: Industrial Park Drainage Improvements Contract amount: $94,750.00 Owner: City of Orange City 205 East Graves Avenue Orange City, Florida 32763 Paul Johnson (386) 775 -5446 Construction of a storm water pump station and force main. Completed 02/08. Project: Forest Lake Elementary School Contract amount: $98,686.50 General Contractor: Halifax Paving, Inc. 814 Hull Road Ormond Beach, Florida 32174 Steve Blair (386) 676 -0200 Owner: The School Board of Volusia County Construction of sanitary sewer, potable water and drainage systems. Completed 10/09. BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A -310 KNOW ALL BY THESE PRESENTS, That we, J.D. WEBER CONST CO., INC. 1444 N. Highwav US 1 Ormond Beach, Florida 32174 and the WESTERN SURETY COMPANY as Principal, hereinafter called the Principal, Of 101 South Phillips Avenue, P.O. Box 5077 Sioux Falls SD 57117-5077 , a corporation duly organized under the laws of the State of South Dakota , as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF EDGEWATER, FLORIDA 104 N. Riverside Dr., P.O. Box 100, Edgewater, FL 32132 as Obligee, hereinafter called the Obligee, in the Sum of Five percent of the largest amount for which award can be made under the accompanying bid. Dollars ($ 5% ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for LI FT STATION #5 IMPROVEMENTS BID NO. 10 -ES -006 ry V w, I t1hKb UKE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 213th Witness Debbie Jones, Witness Witness J.D. WEBER CONSTRUCTION gO., INIC. (Seal) / Principzl Title q T N SU RETY COMPANY C. Congelio, Attorney in -Fact 8 Florida Resident Agent 5- 0054 /GEEF 1 i97 day of _ September 2010 2010 __ Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas Skinner Lobrano III, James Congelio, Thomas Skinner Lobrano IV, Individually of Jacksonville, FL, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this l8th day of July, 2008. "�aEr WESTERN SURETY COMPANY opg oqq� �c I'S PF:` O� Dpµ "w• •'° Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 18th day of July, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires �Stititi5555titi55 ti5titi55ti555 titi } ��// J 7 - 1\RI LLL November 30, 2012 J SE AL NOTARY PUBLIC sE L i r SOUTH DAKOTA r X }5 S4SSSS1ti•.Fti SS SSA-. s5�sS5q } Ila CERTIFICATE D. Krell, Notary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 28th day of September 2010 WESTERN SURETY COMPANY l z: Form F4280- rig - 0o L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. SECTION 00470 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES: 1. This sworn statement is submitted with Bid, Proposal or Contract No 10 -ES -006 for "LIFT STATION #5 II/IPROVEIVIENTS. " This sworn statement is submitted by �, ��8�,� �D.t�- f�.2C/C�o, business address is _1 S1,Vl GIT I D1?1 Vao j �� d (if applicable) its Federal Employer Identification Number (FEIN) is Sy2 /8o2S Z _ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. My name is .,r 45�, lit),�-,QX 4 i any my relationship to the entity named above is 3. I understand that a "public entity crime" as defined in Paragraph 287.133(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(i)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders. 5. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another 00470-1 person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 6. I understand that a "person" as defined in Paragraph 287.133(i)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 7. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies). Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order). 00470-2 (Signature) �� ' /�� Date: State of �D,<'�D� County of PERSONALLY APPEARED BEFORE ME, the undersigned authority, J�SLTN G`'". wE8E P__ — who, after first being sworn by me, affixed his /her signature in the space provided above on this Tl� day of -S(�) P r �20 IG Ck�tkb_ 4_A� Notary Public G.......... [!..�.9ie C.....9[[. L.p PE.•[..Yn.SnC My Commission Expires: cAPO� rr�'re D00902326 GxPirf:7,7/27/2013 IfiC A............c.v [n nu n.v...tl�[ytl..vg�gtl..y.enl.g 00470-3 SECTION 00480 ANTI - COLLUSION STATEMENT By signing this form, the bidder agrees that this is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a proposal for the same purpose and that the bid is in all respects fair and without collusion or fraud. SIGN in ink in the space provided below. Unsigned bids will be considered incomplete, and will be disqualified, and rejected. IT IS AGREED BY THE UNDERSIGNED BIDDER THAT THE SIGNING AND DELIVERY OF THE BID REPRESENTS THE BIDDER'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FORGOING SPECIFICATIONS, CONTRACT AND PROVISIONS, AND IF AWARDED, THIS CONTRACT WILL REPRESENT THE AGREEMENT BETWEEN EACH OF THE GOVERNMENTAL PARTIES. NAME OF FIRM: J �y�� /US�i , SIGNED BY. t , �' "� -�G'� (M BE SI NED BY A COMPANY OFFICER OR AUTHORIZED AGENT) TITLE: ADDRESS: CITY AND STATE: TELEPHONE: _59 to — u Z 7 Z - 2 COMPLETION TIME: NO proposals will be withdrawn for a period of ninety (90) days page 00100 -4 subsequent to the opening of the proposals, without the consent of the City of Edgewater. Acknowledgment of receipt of Addendum number: 1 2 3 4 NO BID (REASON) 5 6 7 8 9 10 00480 -1 SECTION 00485 DRUG FREE /TIE PREFERENCE STATEMENT In the event of a tie bid a preference is given to vendors submitting a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special conditions are as follow: IDENTICAL TIE BIDS - Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug - free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction or, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfaction participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Q V O SIGNATURE DATE END OF SECTION 00485-1 SECTION 00490 TRENCH SAFETY AFFIDAVIT Trench excavations on this Project are expected to be in excess of 5 feet deep. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. Bidder acknowledges that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90 -096, Laws of FL) effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the Project will comply with the applicable trench safety standards. The Bidder further identifies the costs as follows: Trench Safety Item (Description) Cost SL oP /Na SDI: 00 (Cost in Words) TOTAL$ -5 0 0 FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON - RESPONSIVE ,1 COMPANY NAME: �� • O,J S >io DATE: D 9 Z 8 Jd BY: (Additional sheets shall be attached, as needed, and items shall be organized to correspond with the bid format) END OF SECTION 00490-1 SECTION 00620 CERTIFICATE AS TO CORPORATE PRINCIPAL I, ✓ oS�P��1��,� , certify that I am the secretary of the corporation named as Principal in the within Bid Bond; that whosigredthe said Bid Bond on behalf of the Principal was then �iP� -�' /� �� of said corporation; that I know his signature, and his signature thereto is genuine; and that said Bid Bond was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body. AFFIX CORPORATE SEAL END OF SECTION 00620- 1 AGENDA REQUEST Date: October 6, 2010 PUBLIC HEARING BOARD APPOINTMENT RESOLUTION ORDINANCE OTHER CONSENT 10/18/2010 BUSINESS ITEM DESCRIPTION: Budget Amendment to cover damages and reimbursement to barricade at 30 Street and Silver Palm Drive. BACKGROUND In August, a driver ran into the barricade at the end of 30 Street at Silver Palm Drive. A claim was made to the insurance company and the insurance company has sent a check to the City for the damages in the amount of $5,091.00. This covers the entire cost of the replacement of the barricade. A budget amendment is needed to place the funds in the Public Works budget to cover the expenditure and to increase the revenues in the General Fund by the same amount. STAFF RECOMMENDATION Approval of the budget amendment increasing line item 001- 4020 - 541.46 -10 by $5,091 and increasing the revenues for the general fund by the same amount. ACTION REQUESTED A motion to approve the Consent Agenda as stated. FINANCIAL IMPACT (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO John McKinney, Finance Director PREVIOUS AGENDA ITEM: If so, DATE: Respectfully submitted, 44 W&d rrenda L. Dewees Director of Environmental Services YES NO AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal race arlow Cit anager e. Check No.5535045 montgoll-lery ISSUE DATE SEP 25, 2010 b w hisul•ance, CLAIM NO. 823503144012 C L A fiq§` "A"b"C"WRT I NG ACS REF NO. 03AIO2350931 P.O. BOX 461 POLICY NO. OIC1335029 ST. LOUIS, MO 63166-0461 LOSS DATE 08-23-10 ADJUSTER: LAWRENCE MILLER AGENT: 52-2729 PHONE NO: 1-800-332-3226 EVERGREEN INSURANCE CITY OF EDGEWATER PO BOX 100 EDGEWATER FL 32132 COVERAGES PAID THIS CHECK: 5, 091.00 APD AUTO PROPERTY DAMAGE **5,091.00 l. TOTAL PAID THIS CHECK INSURED: TV DIVERSIFIED INC CLAIMANT: CITY OF EDGEWATER IN PAYMENT OF: BETTER BARRICADES GUARDRAIL INVOICE W-1 024 Tear on Perforation now Companies 'Home=ce Ne`5 5 3 on ICt y N7 Safddb.Llo y d"s' lhtu'ra'ncb'C6 mpan� NOTYALID FfER, Home, 0, O N. chardkm, TX 750BO .:DATE T ;i In Pgyrneni'd.' D ETER B A RO-1�CAI)E GUARDRAI'L',:IhIV 0 PAY TO THE ORDER OF OVERAGE 5, ot?P`66 - AP OF EDGEWATER DOLLARS CEWS PO Box 100 $**S) 091. 00 EDGEWATER FL 32132 LOSS DATE: 06-23-10 POLICY OIC133SB29 ACS CONTP FIVE THOUSAND NINETY—ONE DOLLARS AND NO CENTS'' ------------------- - - - ---- The Northern Trust Company INSURED: TV DIVERSIFIED INC Chica IL EVERGREEN INSURANCE m ugh Oakbrook Tiarnice, IL P6X.6,,T, , 52-2729 03AIO2350931 Al NATURE W-1024 111 5535045 11 l l:0?L923828i:030l56650l,v nug.31. 2010 2:23PM Beffer Barricades (386)- 421 -8285 No, 6229 P. 1 etter arricades, Inc. 1725 Tionia Rd., New Smyrna Beach, f=L 32168 -9280 (386) 427 -4971, FAX (366) 427 -6285 PROPOSAUCONTRACT AGREEMENT TO: CITY OF EDGEWATER Dale: 8/2712010 409 MANGO TREE DRIVE EDGEWATER, FLORIDA 32132 Job Name: GUARDRAIL REPLACEMENT Location: 3011h Street & Sliver Edgewater Alin: Michael Tenney Phone: 386 424 -2476 We hereby submit specifications and estimates for. Descriptlon Quantity Unit Unit Price Extension REMOVAL OF EXISTING GUARDRAIL 1 LS $345.00 $345.00 Oarnlaged Posts 6 Anchors FOOT IOPL GUARDRAIL PANEL$ 64 LF $56.50 $4,746 -00 Mist. Asphalt & Removal Excluded. SRT End Treatments BID SUB TOTAL $6,081.00 (---- -- OPTIONAL ADD FURNISH & INSTALL MISC ASPHALT 1 LS $625.00 $625 -00 Remove Existing, Grade, Place & Compact All material is guaranteed to be as specified. AB work to be completed In a workmanlike manner according to standard practices. Any alterations or devlatton from above 6pecificalions involving extra Costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry rite, tornado, and other necessary insurance, Our workers are fully covered by Workman's Compensation Insurance. This Proposal is contingent upon acceptable and verifiable project financing. NOTE: This Proposal may be withdrawn by us If not accepted within Thirty (30) days. Submitted by: PLEASE SIGN AND RETURN ORIGINAL UPON ACCEPTANCE. UPON EXECUTION OF THIS PROPOSAL THIS DOCUMENT BECOMES A CONTRACT. The above prices, specifications and conditions are satisfactory and are hereby accepted Yov are authorized to do the work specified. Subcontractor Paymenla will be made within 10 days of payment from the Owner/Prime o► wlthln s0 days of invoicing, whlcheve► Is soodit}t. 1391ftr Barricades paymenli Is no 'condition precedent" t a /tom In or by Owner, Ptiato Contractor or Financial InStii In PrIvIty Conti t in full will be made upon corritIlelign. In the event that amount herein shown is not paid when due, Interest at the highest legal rate per annum shall accumulate on total due All coals of collecllon shall be paid by the customer Including reasonable attorney fees. Florida Statutes 218 & 713 will be followed and applied In strict accoirdatrice. In their entirety. Notice To Owner/ Notice of Commencement information due with executed Proposal or prior to BBI mobilization to the protect. Accepted by Client AGENDA REQUEST Date: October 4, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER CONSENT _10/18/10 BUSINESS ITEM DESCRIPTION Approval to resurface roads as budgeted in Fiscal Years 2010 and 2011 for an amount not to exceed $252,282 and piggyback Volusia County's bid. BACKGROUND Volusia County advertised for bids for resurfacing and repairing of roadways. The Bid was awarded to P &S Paving, Ranger Construction and Halifax Paving. Departments are to contact the vendor with the lowest price for the specific need of each project. Based on The City of Edgewater's need, Halifax Paving is the lowest bidder for the resurfacing of roads. Fiscal year 2010 budget had $102,000 and fiscal year 2011 budget has $150,282 for resurfacing of roads for a total of $252,282. STAFF RECOMMENDATION Staff recommends the City Council approve the expenditure of $252,282 for resurfacing roads and authorization to piggyback Volusia County's bid awarding the work to Halifax Paving. ACTION REOUESTED A motion to approve the Consent Agenda as stated. FINANCIAL IMPACT (Finance Director) $252,282 FY 2010 FY 2011 (SPECIFY IF BUDGET AMENDMET John McKinney, Finance Director PREVIOUS AGENDA ITEM: If so, DATE: — 331 - 5555 - 580.46 -10 $102,000 — 331 - 5555 - 580.46 -10 $150,282 IT IS REQUIRED) YES NO XX YES NO XX AGENDA ITEM # Respectfully submitted, 13renda L. Dewees Director of Environmental Services Concurrence: Robin L. Matusick Paralegal ac . Barlow Cit Manager Agenda Item #: VC- 1256235387560 -A Page 1 of 2 November 5, 2009 AGENDA ITEM Item 37 [ ] Ordinance [ ] Resolution [ ] Budget Resolution [ X ] Other Department: Public Works File Number: VC- 1256235387560 -A Division: Road and Bridge Subject: Award of bid for asphaltic concrete and existing surface removal by milling. Account Number(s): Material Maintenance 103 - 750 - 3000 -4611 for $100,000.00 Construction 103 - 710 - 4330 -6530 for $200,000.00 Total Item Budget: $300,000.00 Staff Contact(s): Judy Sloane Phone: 822 -6422 ext. n/a Gerald N. Brinton, P.E. Phone: 736 -5967 ext. 2294 Summary/Highlights: The county received five responses, shown on the attached detailed award recommendation, to an invitation to bid asphaltic concrete and existing surface removal by milling. Staff recommends award to P and S Paving of Daytona Beach, Ranger Construction Industries of Winter Garden and Halifax Paving of Ormond Beach. The departments shall contact the awarded vendor with the lowest price for the specific need of each project. The multiple award will allow flexibility for the departments to obtain the goods and services at the best price for each project. Authorization to enter into a master agreement with each of the three contractors is requested. The agreement shall be for three years with the option to renew for two additional one year periods with council approval. Expenditures by public works Recommended Motion: Approval. JohnAngiulli OMB Legal Betty Holness Proxy for George Recktenwald Director Public Works County Manager's Office nien Director Purchasing Approved Agenda Item No Signature Present For: Approved as to Approved as to November 5, 2009 Budget Requirements Form and Legality Council Action: Modification: [X] Approved as Recommended [] Approved With Modifications [] Disapproved [] Continued Date: littp: / /enti.co. volusia. fl. us/ electi-oiiica gen /agetidaitemprint2.asp 11/9/2009 Agenda Item 9: VC- 1256235387560 -A Page 2 of 2 Summary/Highlights Continued: department, road and bridge and engineering and construction divisions will be approximately $300,000.00 http: / /enn.co. volusia. fl. us/ electronicagen /agendaitemprint2.asp 11/9/2009 F O _ � v Ol --ld 8 S F S ' n [� S. w z a, a A I S n S g _ G U 19 F — 3 F — lS a ^ u C l3 F g S V• S — yy 41 441 �l 41 3 — S H `chi gi F s i l H w o s J u N w w w w 13 _ O � U o V c o f V o � V • Y • z z � z � z 'z z zl z 3 a z z ` a a a < z 3 z z z aF g g Z L, ai q R O Y m � E E _ c s e s E 8 5 — � a p L F F I V - ; - z K 4 4 y 2 Z Z ."t Z V- SUBMIT TO: COUNTY OF VOLUSIA ' -Allp" PURCHASING & CONTRACTS 123 W. INDIANA AVE., RM. 304 DELAND, FL 32720-4608 Volusia county FLORIDA INVITATION TO BID CONTACT PERSON: Pam Wilsky, Procurement Analyst 386- 822 -5779 AN EQUAL DELAND :................ ...................386 - 736 -5935 DAYTONA BEACH: .................386 - 257 -6000 OPPORTUNITY www.volusia.org/purchasina NEW SMYRNA BEACH: .......... 386-423 -3300 EMPLOYER TITLE: NUMBER: SUBMITTAL DEADLINE: Asphaltic Concrete and Removal of Existing Surfaces 09- B -137PW Wednesday, September 23, by Milling 2009 at 3:OOPM EST PRE BID DATE, TIME AND LOCATION: SUBMITTALS RECEIVED AFTER ABOVE DATE A pre -bid meeting will not be held for this solicitation AND TIME WILL NOT BE CONSIDERED FIRM'S NAME: The vendor acknowledges that information provided in this bid is true and correct. MAILING ADDRESS: CITY—STATE—ZIP: X TELEPHONE NO: Authorized Signature FAX NO: Typed Name FEDERAL ID NO. OR SOCIAL SECURITY NO. Title Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE GENERAL CONDITIONS AND INSTRUCTIONS * * * * PLEASE READ CAREFULLY * * * * Individuals covered by the Arnericans with Disabilities Act of 1990 in need of accommodations to attend public openings or meetings sponsored by the Volusia County Purchasing and Contracts Division shall contact the Division office in DeLand, (386) 736 -5935, at least five (5) days prior to the scheduled opening or meeting. 1. SUBMISSION OF OFFERS: All offers shall be submitted in a sealed envelope 5. CLARIFICATION /CORRECTION OF ENTRY: The County of Volusia or package. The invitation number, title, and opening date shall be clearly displayed reserves the right to allow for the clarification of questionable entries and the correction of on the outside or the sealed envelope or package. The delivery of responses to the OBVIOUS MISTAKES. Volusia County Purchasing and Contracts Division Office prior to the specified date and time is solely and strictly the responsibility of the offeror. Any submittal received 6. INTERPRETATION /ADDENDA: Any questions concerning conditions and in the Purchasing and Contracts Division Office after the specified date and time will specifications shall be directed to the designated contact person. Those interpretations not be considered. which may affect the eventual outcome of the invitation/offer shall be finmished in writing to prospective offerors. Responses shall be submitted on forms provided by the County. Additional information may be attached to the submittal. Facsimile submissions are NOT No interpretation shall be considered binding unless provided in writing by the Canty of acceptable. No offer may be modified after acceptance. No offer may be withdrawn Volusia Purchasing and Contacts Division in the form of an addendum. Any addenda after opening for a period of ninety (90) days unless otherwise specified. issued shall be acknowledged by signature and returned with offeror's response. 2. EXECUTION OF OFFER: Offer shall contain a manual signature in the Failure to acknowledge addenda may result in the offer not being considered. space(s) provided of a representative authorized to legally bind the offeror to the provisions therein. All spaces requesting information from the offeror shall be 7. INCURRED EXPENSES: This invitation does not commit the County to make an completed. Responses shall be typed or printed in ink. Use of erasable ink or pencil is award nor shall the County be responsible for any cost or expense which may be incurred not pemhitted. Any correction made by the offeror to any entry must be initialed. by any respondent in preparing and submitting a reply, or any cost or expense incurred by any respondent prior to the execution of a purchase order or contract agreement. 3. OPENING: Opening shall be public in the Volusia County Purchasing and Contracts Division immediately following the advertised deadline dale and time for 8. DISADVANTAGED BUSINESSES: The Canty of Volusia, Florida, has adopted receipt of submittals. Pursuant to Section 119.07(3) (0) Florida Statutes (1991) no policies which assure and encourage the full participation or Disadvantaged Business further information regarding offers submitted will be made public until such time of Enterprises (DBE) in the provision of goods and services. Further, the Canty of Volusia intended award or ten (10) days, whichever is earlier. will monitor the DBE program with respect to the goals as established by County Council. 4. PUBLIC RECORD: The County of Volusia, Florida, is governed by the Public 9. LOCAL BUSINESSES: The County Council has established a policy to encourage Record Law, Chapter 119, Florida Statutes. participation of VohUsia Canty businesses in the provision of goods and services. The Canty will endeavor to assist local businesses to achieve this goal. CONTINUED ON NEXT PAGE 10. PRICING: Unless otherwise specified prices offered shall remain firm for a period of at least sixty (60) days; all pricing of goods shall include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point(s) within the County to a secure area or inside delivery; all prices of services shall include all expenses necessary to provide the service at the location specified. 11. ADDITIONAL TERMS At CONDITIONS: The Comity of Volusia reserves the right to reject offers containing terms or conditions contradictory to those requested in the invitation specifications. 12. TAXES: The County of Volusia is exempt from Federal Excise Taxes and all sales taxes. Florida State Exemption Certificate No. 74-07 -059158 -53C. 13. DISCOUNTS: All discounts except those for prompt payment shall be considered in determining the lowest net cost for evaluation purposes. 14. MEETS SPECIFICATIONS: The offeror represents that all offers to this invitation shall meet or exceed the minimum requirements specified. 15. BRAND NAME OR EQUAL: If items requested by this invitation have been identified in the specifications by a Brand Name "OR EQUAL" description, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of products that will be acceptable. Offers proposing "equal" products will be considered for award if such products are clearly identified in the offer and are determined by the County to meet fully the salient characteristic requirements listed in the specifications. Unless the offeror clearly indicates in his/her offer that he/she is proposing an "equal" product, the offer shall be considered as offering the same brand name product referenced in the specifications. If the offeror proposes to furnish an "equal" product, the brand name of the product to be famished shall be clearly identified. The evaluation of offers and the determination as to equality of the product offered shall be the responsibility of the County and will be based on information hunisled by the offeror. The Purchasing and Contracts Division is not responsible for locating or securing any information which is not identified in the response and reasonably available to die Purchasing and Contracts Division. To insure that sufficient information is available the offeror shall frnish as part of the response all descriptive material necessary for the Purchasing and Contracts Division to detemtine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the offeror proposes to famish and what the County would be binding itself to purchase by making an award. 16. SAMPLES: When required, samples of products shall be fixmished with response to the County at no charge. Samples may be tested and will not be returned to the offeror. The result of any and all testing shall be made available upon written request. 17. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best corn ercial practices are to prevail and that only materials of first quality and correct type, size, and desigm are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. 18. GOVERNING LAWS: Any agreement to purchase resulting from this invitation shall be governed by the laws, regulations, and ordinances of the State of Florida and the County of Volusia, Florida. Venue shall be non jury in the Circuit Coto of Volusia County, Florida. 19. ASSIGNMENT: Any agreement to purchase issued pursuant to this invitation and award thereof and the monies which may become due hereunder are not assignable except with the prior written approval of the County Director of Purchasing and Contracts. 20, CONTENT OF INVITATION /RESPONSE: The contents of this invitation, all terns, conditions, specifications, and requirements included herein and the accepted and awarded response thereto xnay be incorporated into an agreement to purchase and become legally binding. Any terns, conditions, specifications, and/or requirements specific to the item or service requested herein shall supercede the requirements of the "GENERAL CONDITIONS AND INSTRUCTIONS." 21. LIABILITY: The supplier /provider shall hold and save the County of Volusia, its officers, agents, and employees harmless against claims by third parties resulting from breach of contract or negligence by the supplier /provider. 22. PATENTS, COPYRIGHT, AND ROYALTIES: The supplier/provider, without exception, shall indemnify and save harmless the County of Volusia, its officers, agents and employees from liability of any nature of kind, including cost and expenses for or on account of any copyrighted, registered, patented, or unpatented invention, process, or article manufactured or used in the provision of goods and/or services, including use by the County of Volusia If the supplier /provider uses any design, device, or materials covered by letters, patent, copyright, or registration, it is mutually agreed and understood without exception that the quoted price shall include all royalties or costs arising from the use of such design, device, or materials in any way involved. 23. TRAINING: Unless otherwise specified suppliers/providers may be required at the convenience of and at no expense to the Canty to provide training to County personnel in the operation and maintenance of any item purchased as a result of this invitation. 24. ACCEPTANCE: Products purchased as a result ofthis invitation maybe tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and retuned at bidder's expense. Those items and items not delivered by the delivery date specified in accepted offer and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. 25. SAFETY WARRANTY: Any awarded supplier /provider including dealers, distributors, and/or manufacturers shall be responsible for having complied with all Federal, State, and local standards, regulations, and laws concerning the product or service specified, and the use thereof, applicable and effective on the date of manufacture or use or date in service including safety and environmental standards as apply to both private industry and govemmental agencies. 26. WARRANTY: The offeror agrees that, unless otherwise specified, the product and/or service furnished as a result of this invitation and award thereto shall be covered by the most favorable commercial warranty the offeror gives to any customer for comparable quantities of such products and/or services and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the County of Volusia by any other provision of the invitation/offer. 27. AWARD: As the best interest of the County may require, the County reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof, on a geographical basis and/or on a countywide basis with one or more supplier(s) or provider(s); to reject any and all offers or waive any irregularity or technicality in offers received. Offerors are cautioned to make no assumptions unless their offer has been evaluated as being responsive. Any or all award(s) made as a result of this invitation shall conform to applicable ordinances of the County of Volusia, Florida. 28. VIOLATIONS: Any violation of any of the stipulations, terms, and/or conditions listed and/or included herein may result in the offeror/bidder being removed from the County Bid list and the offeror /bidder being disqualified from doing business with the County for a period of time to be determined on a case -by -case basis. 29. For purposes of this Invitation and evaluation of responses hereto the following shall apply: unit prices shall prevail over extended prices; written matter shall prevail over typed matter; numbers spelled in word form shall prevail over Arabic numerals ( "one" over "I'). When not inconsistent with context words used in the present tense include the fixture, words in the plural number include the singular nnnber, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 30. DEFINITIONS: COUNTY — The tern "County" herein refers to the County of Volusia, Florida, and its duly authorized representatives and any jurisdiction within Volusia County. OFFEROR — The term 'offeror" used herein refers to any dealer, manufacturer, representative, distributor, or business organization submitting an offer to the County in response to this invitation. BIDDER — The term "bidder" used herein refers to any dealer, manufacturer, representative, distributor, or business organization that will be or has been awarded a contract and/or purchase order pursuant to the terms and conditions of the invitation and accepted offer. USING AGENCY — The ten» `using agency" used herein refers to any department, division, agency, commission, board, committee, authority, or another unit in the County government using supplies or procuring contractual services as provided for in the Purchasing Ordinance of the County of Volusia, Florida- HEAVY DUTY - The item(s) to which the term "Heavy Duty" is applied shall exceed the usual quality and/or capacity supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear and use. THE COUNTY OF VOLUSIA RESERVES THE RIGHT TO REJECT ANY OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY OFFER AS MAYBE DEEMED TO BE IN THE BEST INTEREST OF THE COUNTY Bid 09- B -137PW TABLE OF CONTENTS 1.0 2.0 TECHNICAL SPECIFICATIONS ...................................................... ............................... 5 GENERAL TERMS & CONDITIONS ............................................... ............................... 6 2 .1 Bid Closing Date .............................................................................. ..............................6 2.2 Proposed Schedule ........................................................................... ..............................6 2.3 Delivery of Bids ............................................................................... ..............................6 2.4 Public Bid Opening .......................................................................... ..............................6 2.5 Bid Submittal Form .......................................................................... ..............................7 2.6 Questions /Exceptions re: Bid #09- B -137PW .................................. ..............................7 2.7 Award ............................................................................................... ..............................8 2.8 Definition of Responsive and Responsible for this Bid ................... ..............................8 2.9 Other Agencies ................................................................................. ..............................9 2.10 F.O.B. Point ..................................................................................... ..............................9 2.11 Assignment ...................................................................................... ..............................9 2.12 Contract ........................................................................................... .............................10 2.13 Disclosure of Bid Content ............................................................... .............................10 2.14 Bidder's Responsibility ................................................................... .............................10 2.15 Payment Terms ............................................................................... .............................11 2.16 Special Conditions .......................................................................... .............................11 2.17 Certificates ...................................................................................... .............................11 2.18 Minor Irregularities ......................................................................... .............................11 2.19 Sovereign Immuni ............12 2.20 Licenses, Certificates, and Permits ................................................. .............................12 2.21 Insurance ......................................................................................... .............................12 2.22 Safety .............................................................................................. .............................13 2.23 Governing Law and Venue ............................................................. .............................14 2.24 Additional Terms ............................................................................ .............................14 2.25 Award Term .................................................................................... .............................14 2.26 Wage Price Redetermination .......................................................... .............................14 2.27 Price Redetermination - Fuel .......................................................... .............................15 2.28 Price Redetermination ..................................................................... .............................16 2.29 Unusual Costs ................................................................................. .............................17 2.30 Material Safety Data Sheet ............................................................. .............................17 2.31 Waiver of Claims ............................................................................ .............................17 2.32 Termination / Cancellation of Contract .......................................... .............................17 2.33 Termination for Default .................................................................. .............................18 2.34 Termination for County's Convenience .......................................... .............................18 2.35 Incurred Expenses ........................................................................... .............................18 2.36 Minimum Specifications ................................................................. .............................18 2.37 Compliance with Laws and Regulations ......................................... .............................19 2.38 Indemnification of County .............................................................. .............................19 2.39 Records & Right to Audit ............................................................... .............................19 2.40 Change in Scope of Work / Service .................................................. .............................20 2.41 Modifications Due to Public Welfare or Change in Law ............... .............................20 2.42 Right to Require Performance ........................................................ .............................21 2.43 Force Majeure ................................................................................. .............................21 P:\PAM\Bids\2009 Bids\09- B•137PW Asphaltic Concrete and remova, maintenance and repairs\09- B -137PW Bid Document.docPage 3 of 33 Bid 09- B -137PW 2.44 Bidder's Personnel .......................................................................... .............................21 2.45 Claim Notice ................................................................................... .............................22 2.46 Contract/Bidder Relationship .......................................................... .............................22 2.47 New Material .................................................................................. .............................23 2.48 Disadvantaged Business Enterprise Program ................................. .............................23 2.49 Damages .......................................................................................... .............................23 2.50 Conflict of Interest Form ................................................................ .............................23 2.51 Definitions ....................................................................................... .............................24 3.0 SUBMITTAL REQUIREMENTS ..................................................... ............................... 26 4.0 BID SUBMITTAL FORM ................................................................ ............................... 28 5.0 REFERENCES .................................................................................. ............................... 30 6.0 CONFLICT OF INTEREST FORM .................................................. ............................... 31 7.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME & DISCRIMINATORY VENDOR LIST REQUIREMENTS & DISQUALIFICATION PROVISION ................ 32 8.0 PROOF OF EXEMPTION ................................................................ ............................... 33 P:PAM\Bids%2009 BidsV&B -137PW Asphaltic Concrete and remova, maintenance and repairs\09- B -1 37PW Bid Document.docPage 4 of 33 Bid 09- B -137PW The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish Asphaltic Concrete and Removal of Existing Surface by Milling for the County of Volusia, Florida. 1.0 TECHNICAL SPECIFICATIONS A. Asphaltic Concrete refer to 2000 Florida Department of Transportation Specifications for Road and Bridge Construction Section 320 -2.2.1 through 339 -8. B. Milling, of existing surface refer to 2000 FDOT Specifications for Road and Bridge Construction Section 327. C. Painted Temporary Traffic Stripe: refer to 2000 FDOT Specifications for Road and Bridge Construction Section 710. Pricing shall be for all widths per liner foot(lf). D. Asphaltic Base Course (8" Maximum): refer to 2000 FDOT Specifications for Road and Bridge Construction Section 280. Pricing shall include all work required for placement of Asphaltic Base Course, including existing material removal and disposal. E. Testing of Materials: All testing of materials and determination of job mix formula shall be performed by a commercial test laboratory in accordance with specifications with the exception of "in place" purchase of 200 tons or more shall have full time plant control from a commercial testing laboratory. The County of Volusia reserves the right to conduct grab sample testing at various times and locations to assure compliance with specifications and approved job mix formula. The County shall accept testing by an FDOT approved in house lab for this agreement. F. Pricing for "delivered in place asphaltic concrete" shall include furnishing all necessary labor and equipment for complete installation anywhere within the County of Volusia. The Volusia County Thoroughfare Road Impact Fee Zones Map (Exhibit A) shows the locations of zones 1 through 4 as referenced on the price sheet (Attachment A). G. Preparation of area to be surfaced and resurfaced shall be accomplished by the Contractor. Contractor shall clear any excess asphalt products and /or debris from the adjacent road shoulder areas. H. The County shall accept any tack coat approved by FDOT. 1. Contractor shall be responsible for Maintenance of Traffic (MOT) for this contract. J. Millings shall be delivered to the closest Road & Bridge stockpile site or as directed by County's Project Manger or designee. These sites are located at: 2560 W. SR 44 in Deland; 200 SR 415 in Osteen; Mango Tree Drive, in Edgewater; and the Tomoka Landfill, 1990 Tomoka Farms Road, in Daytona Beach. P: \PAM\Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 5 of 33 Bid 09- B -137PW K. Federal Funded Projects: the awarded vendor(s) of this agreement may be required to work on projects, which receive Federal funds. Vendors shall be required to comply with additional federal guidelines such as Davis Bacon Act and others as required. The County shall notify the vendor prior to starting a project of any additional guidelines. See Davis Bacon Act Part 1 -4, which is included with this bid for informational purposes. 2.0 GENERAL TERMS & CONDITIONS 2.1 Bid Closing Date Bids must be received by the Volusia County Purchasing and Contracts Office, Room 304, Third Floor, 123 West Indiana Avenue, DeLand, FL, 32720 -4608, no later than 3:00 p.m., local time, on Wednesday, September 23, 2009. Bids received after this time will not be considered. 2.2 Proposed Schedule August 24, 2009 ...............Invitation to Bid Available September 23, 2009 .........Bid Closing Date October, 2009 ...................Planned Award Date 2.3 Delivery of Bids All Bids shall be sealed and delivered or mailed to (faxes /e -mails will not be accepted): County of Volusia, Florida Purchasing and Contracts Office, Room 304 123 West Indiana Avenue, 3rd floor DeLand, Florida 32720 -4608 Mark package(s) "Bid #09- B -137PW Asphaltic Concrete and Removal of Existing Surface by Milling" Note: Please ensure that if a third party carrier (Federal Express, Airborne, UPS, USPS, etc.) is used, that the third party is properly instructed to deliver the Bid Submittal only to Room 304, in the Purchasing and Contracts Office on the third (3rd) floor at the above address. To be considered, a Bid must be received and accepted in the Purchasing and Contracts Office before the Bid closing date and time. 2.4 Public Bid Opening A. Pursuant to Section 1 19.071(I)(b)l .a, Florida Statutes, bids or proposals ( "responses ") and the completed tabulation will be available for inspection within ten (10) days of response opening. Contact the Purchasing and Contracts Office during regular business hours to inspect responses and the completed tabulation or go to http://vcservices.vcgov.org/bidlistneti for inspection of the completed tabulation. The foregoing notwithstanding, if, prior to the County's making responses available for inspection, the County rejects all responses and P: \PAM\Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document. docPage 6 of 33 Bid 09- B -137PW concurrently provides notice of the County's intent to reissue the solicitation, then the County may avail itself of the exemption for rejected responses set forth in Section 119.07 1 (1 )(b) l .b, Florida Statutes, to the extent such section may apply. B. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities and who need special accommodations to participate in the proceedings should contact the Volusia County Purchasing and Contracts Office in DeLand with a written request at least two (2) business days prior to the meeting date. Facsimiles are acceptable and may be sent to 386 - 736 -5972. 2.5 Bid Submittal Form A. See Submittal Requirements for complete details Note: It is not necessary to return every page of this document with the bid proposal; return only the pages that require signatures or information. B. Each bidder shall submit six (6) complete sets of the Bid Submittal: • One (1) hard copy marked "ORIGINAL" • Four (4) hard copies marked "COPY" • One (1) COMPLETE electronic copy on a CD in PDF format (Excel spreadsheets shall not be recorded in PDF). Note the solicitation number and name of company on the disk. DO NOT SEND CONFIDENTIAL INFORMATION, PROPRIETARY INFORMATION, OR TRADE SECRETS C. The Invitation to Bid page and the Bid Submittal Form must be signed by an official authorized to legally bind the bidder to all bid provisions. D. Terms and conditions differing from those in this Bid shall be cause for disqualification of the Bid Submittal. 2.6 Questions/Exceptions re: Bid #09- B -137PW A. It is incumbent upon each respondent to carefully examine this solicitation's specifications, scope of work/service, terms, and conditions. Questions and exceptions concerning any section of this bid shall be directed by letter, facsimile transmission or by e -mail to the Procurement Analyst named in 27B, who shall be the official point of contact for this bid. Questions and exceptions shall be submitted no later than fourteen (14) days before the closing date. Thereafter, no further questions or exceptions will be accepted or reviewed by the County and respondents' right to submit questions or exceptions will terminate and any questions or exceptions not previously made shall be deemed waived. There will be no modification of the fourteen (14) day time period to shorten the time. The R%PAM\Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document. docPage 7 of 33 Bid 09- B -137PW issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be given and oral representations will not be binding on the County. B. Mark cover page or envelope(s) "Questions/Exceptions re: Bid # 09 -B -137, "Asphaltic Concrete and Removal of Existing Surface by Milling" Submit questions to: Pam Wilsky, Procurement Analyst Telephone: ...... 3 86- 822 -5779 Fax: ................ 386-736-5972 E-mail: ............ pivils aco.volusia. .us C. If it becomes necessary for the County to revise any part of this ITB, an addendum will be posted on the County's web site. It is each respondent's responsibility to check the Volusia County web site at http: / /vcservices.vegov.orp /bidlistnetl for any addenda. Each respondent should ensure that they have received all addenda to this ITB before submitting their proposal. In their proposals, respondents must provide proof of receipt of each addendum by signing each addendum and returning each addendum to the County. FAILURE TO PROVIDE THIS PROOF MAY CAUSE RESPONDENT'S PROPOSAL TO BE RENDERED NON- RESPONSIVE. D. EACH ADDENDUM ISSUED BY THE COUNTY SHALL BECOME A MATERIAL PART OF THIS SOLICITATION AND SHALL BE THE FINAL DECISION ON THE SUBJECT OF THE ADDENDUM. 2.7 Award The County reserves the right to award the contract to the bidder(s) that the County deems to offer the lowest responsive and responsible bid(s), as defined elsewhere in this solicitation. The County is therefore not bound to accept a bid based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this Bid, to reject any /all bids, to waive any /all informalities and /or irregularities, or to re- advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejected /rebidding when responses exceed budget and the County must change the solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and /or services specified, if deemed to be in the County's best interest or award only a portion of the solicitation. 2.8 Definition of Responsive and Responsible for this Bid Each bid submittal shall be evaluated for conformance as responsive and responsible using the following criteria: P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document. docPage 8 of 33 Bid 09-B -137PW A. Proper submittal of ALL documentation as required by this bid. (Responsive) B. The greatest benefits to Volusia County as it pertains to: (Responsible) I . Total Cost 2. Delivery/Availability 3. Past Performance. In order to evaluate past performance, all bidders are required to submit a list of three references of relevant projects completed within the last 3 years that are the same or similar in magnitude to this ITB. 4. All technical specifications associated with this bid. 5. Financial Stability: Demonstrated ability, capacity and /or resources to acquire and maintain required staffing. Bidders are reminded that award may not necessarily be made to the lowest bid. Rather, award will be made to the lowest responsive, responsible, bidder whose bid represents the best overall value to the county when considering all evaluation factors. 2.9 Other Agencies A. All bidders awarded contracts from this Bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the contract under the same prices, terms, and conditions, if agreed to by both parties. B. It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency. Further, it is understood that each agency will issue its own purchase order to the awarded bidder(s). 2.10 F.O.B. Point The F.O.B. point for this contract and for all purchases made under it shall be as specified by the using department (in accordance with the Bid Submittal Form), in Volusia County, Florida. Delivery will not be complete until the using department has accepted each item. Delivery to a common carrier shall not constitute delivery to the ordering agency. All disputes shall be between the seller /bidder and the carrier. 2.11 Assignment The awarded bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any award or of any of its rights, title, or interests therein, without the prior written consent of the County of Volusia, Director of Purchasing and Contracts. County Council shall approve any requests for assignments and /or sub - letting of leasing contracts prior to responding to such requests. P:\PAM\Bids\2009 Bids \09- B -1 37PW Asphaltic Concrete and remova, maintenance and repairs\09- B -1 37PW Bid Document.docPage 9 of 33 Bid 09- B -137PW 2.12 Contract A. The contents of this Bid and all provisions of the successful proposal deemed pertinent by the County may be incorporated into a contract and become legally binding. A separate contract document, other than the purchase order, will not be issued. B. The Director of Purchasing and Contracts, County Manager, and County Chair are the sole Contracting Officers for the County of Volusia, Florida, and only they or their designee are authorized to make changes to any contract. C. The County shall be responsible for only those orders placed by the County on an authorized signed Purchase Order or Price Agreement. The County shall not be responsible for any order, change, substitution, or any other discrepancy from the Purchase Order or Price Agreement. If there is any question about the authenticity of a Purchase Order, Price Agreement, or change order, the bidder should promptly contact the Purchasing and Contracts Office at 386 - 736 -5935. 2.13 Disclosure of Bid Content A. All material submitted becomes the property of the County and may be returned only at the County's option. The County has the right to use any or all ideas presented in any reply to this Bid. Selection or rejection of any Bid Submittal does not affect this right. B. The County of Volusia, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.). 2.14 Bidder's Responsibility The bidder, by submitting a Bid, represents that: A. The bidder has read and understands the Invitation to Bid in its entirety and that the Bid is made in accordance therewith, and; B. The bidder possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the County, and; C. The Bidder has made all investigations and examinations necessary to ascertain site and /or local conditions and requirements affecting the full performance of the contract and to verify any representations made by the County of Volusia, Florida, upon which the bidder will rely. If the bidder receives an award because of its Bid Submittal, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the bidder for additional compensation or relief. P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document. docPage /0 of 33 Bid 09- B -137PW D. The Bidder will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the contract term or up to and including three (3) fiscal years following the County's annual audit. 2.15 Payment Terms A. The County will remit full payment on all undisputed invoices within 30 (thirty) days from receipt by the appropriate person(s) (to be designated at time of contract) of the invoice(s) or receipt of all products or services ordered. B. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to exceed one percent (1 %) per month on all undisputed invoices not paid within 30 (thirty) days after receipt of the entire order of the commodity or service AND a properly completed invoice, whichever is later. C. The County has the capability of Electronic Transfer of Funds (ETF). List any discounts for prompt payment and /or willingness to accept Electronic Transfer of Funds (ETF) and the discount to be applied to such payments. D. By submitting a Bid (offer) to the County of Volusia, Florida, the bidder expressly agrees that, if awarded a contract, the County may withhold from any payment monies owed by the bidder to the County for any legal obligation between the bidder and the County including, but not limited to, real property taxes, personal property taxes, fees, and commissions. 2.16 Special Conditions These County facilities are administrative facilities that provide services to the Volusia County public and any agencies that it serves. As such, activities in all buildings are critical to the provisioning of services to the public and shall not be interrupted by the bidder's work activities. 2.17 Certificates The County reserves the right to require proof that the bidder is an established business and is abiding by the ordinances, regulations, and laws of their community and the State of Florida, such as but not limited to: Business Tax Receipts, Business Licenses, Florida Sales Tax Registration, Federal Employers Identification Number. 2.18 Minor Irregularities The County reserves the right to waive minor irregularities in Bid Submittals, providing such action is in the best interest of the County. Minor irregularities are defined as those that have no adverse effect on the County's best interests, and will not affect the outcome of the selection process by giving the bidder an advantage or benefit not enjoyed by other bidders. P: \PAM \Bids\2009 Bids \09- 8 -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage Hof 33 Bid 09- B -137PW 2.19 Sovereign Immunity The County expressly retains all rights, benefits, and defenses of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of immunity of limits of liability of the County beyond any statutory limited waiver or immunity of limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature and the cap on the amount and liability of the County for damages regardless of the number or nature of claims in tort, equity, or contract shall not exceed the dollar amount set by the legislature for tort. Nothing in this section shall be deemed to relieve the County from paying for services rendered by Contractor. Nothing in this Agreement shall inure to the benefit on any third party for the purpose of allowing any claim against the County, which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. 2.20 Licenses, Certificates, and Permits A. The County reserves the right to require proof that the respondent is an established business and is abiding by the ordinances, regulations, and laws of their community and the state of Florida, such as but not limited to: Business Tax Receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number, AND; B. If a license is required, the respondent shall be licensed to perform the required work in accordance with the laws of the State of Florida and local ordinances. Respondent shall also verify that his /her subcontractors are licensed to perform the work in accordance with the laws of the State of Florida and local ordinances. 2.21 Insurance The bidder shall secure and maintain, at its sole cost and expense during the contract term, the following insurance: Commercial General Liability — in the amount of $3 million aggregate / $1 million per occurrence. (policies shall be occurrence based) Liability — Auto, in the amount of $100,000/300,000 / Any Auto Workers Compensation — As required by Florida law. All insurance policies shall be issued by insurers licensed to do business in the State of Florida and any insuring firm is required to have a minimum rating of A -, Class VIII, in the "Best Key Rating Guide" published by A.M. Best & Firm, Requirements for bidders that qualify for an exemption under the Florida Worker's Compensation law in Chapter 440 Florida Statutes are detailed below: P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 12 of 33 Bid 09- B -137PW Incorporated or unincorporated firms with four or more employees shall be required to provide a copy of their "Notice of Election to be Exempt ", along with valid proof of coverage for non - exempt employees. The County reserves the right to request a copy of the complete insurance policy(ies) and any endorsements for the insurance referenced above. A certificate of insurance indicating that the bidder has coverage in accordance with the requirements herein set forth shall be furnished by the bidder to the County Representative prior to the execution of the contract and annually upon renewal thereafter. The Bidder shall either cover any subcontractors and /or independent contractors on its policy or require the subcontractors to obtain coverage to meet all requirements for insurance contained herein. Bidder agrees that County will make no payments pursuant to the terms of the contract until all required proof or evidence of insurance has been provided to the County Representative. Bidder agrees that the insurer shall waive its rights of subrogation, if any, against the County on Commercial General Liability and Workers Compensation insurance coverage. The ACORD certificate of Liability Insurance, with endorsements shall be completed by the authorized Resident Agent and returned to the Purchasing and Contracts Office. This certificate shall be dated and show: A. The name of the insured bidder, the specified job by name, name of the insurer, the number of the policy, its effective date and its termination date. B. Statement that the Insurer will mail notice to the County at least 30 (thirty) days prior to any material changes in provisions or cancellation of the policy. C. County shall be named as an additional insured on Commercial General Liability Insurance. Loss Deductible Clause: The County shall be exempt from, and in no way liable for, any SLIMS of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the bidder and /or sub - consultant providing such insurance. 2.22 Safety The bidder shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the work. The bidder shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. The bidder shall indemnify and hold harmless the County from and against all liabilities, suits, damages, costs, and expenses (including attorney's fees and court costs) which may be imposed on the County because of the bidder, sub - contractor, or supplier's failure to comply with the regulations. P: \PAM\Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 13 of 33 Bid 09- B -137PW 2.23 Governing Law and Venue All legal proceedings brought in connection with this Contract shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Volusia County, Florida. Venue in federal court shall be in the United States District Court, Middle District of Florida, Orlando division. Each party hereby agrees to submit to the personal jurisdiction of these courts for any lawsuits filed there against such party arising under or in connection with this Contract. In the event that a legal proceeding is brought for the enforcement of any term of the contract, or any right arising therefrom, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non jury trial for the adjudication of such suit. All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants or conditions of this Contract shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law. 2.24 Additional Terms The attached Invitation to Bid cover page contains additional terms and conditions. These written specifications take precedence over terms and conditions on the Invitation to Bid Page. 2.25 Award Term The County is looking to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful Contractor(s) shall be awarded a contract for an initial three -year term with two subsequent one -year renewals. All renewals will be contingent upon mutual written agreement and, when applicable, approval of County Council. 2.26 Wage Price Redetermination A. The bidder may petition the Director of Purchasing and Contracts for a price redetermination on the anniversary date of the contract. Any price redetermination will be solely based upon changes as documented by the Employment Cost Index (ECI) as published by the Bureau of Labor Statistics. The base index number will be the base for the quarter in which the bid opens. The initial redetermination index number will be for the same quarter in which the bid closed on an annual basis. Refer to Employment Cost Index, for Total Compensation, Private Industry, Index Number and Occupational Group at http://data.bls.gov/PDO/outside.isp?survey=ci The base figure will be tied to Installation, maintenance, and repair under the heading Natural resources, construction, and maintenance P: \PAM\Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 14 of 33 Bid 09- B -137PW B. The calculation is demonstrated in the following example. [Example: March 2007 Index = 100.8, March 2008 Index = 104.1; 104.1 - 100.8 = 1.03 17, therefore the maximum increase = 3.2 %]. C. If the federal government increases the minimum wage during the term of the contract and any renewal, the bidder may petition the Director of Purchasing and Contracts for price redetennination for those job categories where the pay to the bidder's employee is the current minimum wage. The County will grant an increase of exactly the amount of the minimum wage increase [not the percentage increase]. The bidder must increase the pay to the employee by the amount the bidder wants increased. The amount paid to the bidder will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The bidder must supply written documentation of any other increase that is beyond the scope and control of the bidder. All written documentation must satisfy the reasonable expectations of the Director of Purchasing and Contracts and Internal Auditor. [Example: minimum wage increases from $5.75 to $6.00 per hour. The bidder's Bid amount for category X to the employee is $5.75, and the billed rate is $6.60. The bidder may petition for an increase of $0.25 per hour to be paid to the employee and a billed rate of $6.85 + written and documented cost increases for FICA, Medicare and Workers' Compensation.] D. If the County and the bidder cannot agree on the price redetermination, then the contract will expire without prejudice. The County reserves the right to award any classification(s) from an expired contract to the next lowest responsive and responsible bidder that is still under contract. E. If the bidder bills the County at a higher price according to any price redetermination granted by the County, and the bidder fails to increase the hourly rate paid to the employee for the same period, the bidder will be considered in contract default and the contract will be immediately terminated. 2.27 Price Redetermination - Fuel Tile bidder may petition the Director of Purchasing and Contracts for price redetennination if /when the price of fuel increases by a minimum of ten (10 %) percent. If the bidder petitions for such an increase, the bidder shall also petition for a price redetermination decrease if /when the price of fuel decreases by a minimum of ten (10 %) percent; failure to make such petition, may be grounds for Agreement termination. Any price redetermination will be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity "Gasoline - WPU057I" or " #2 diesel fuel - WPU057303" as published by the Bureau of Labor Statistics, which can be found on -line at http://stats.bls.Qov The base index number will be the month of bid opening. Any subsequent price redetenninations shall use the last price redetermination as the "base index number ". Subtracting the base index number from the current index number and P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 15 of 33 dividing the result by the base index number calculates the maximum percentage increase allowed. Any price redetermination will include all items awarded to the percentage contributing to the total cost for providing the product/service. If the County and the bidder cannot agree on any price redetermination, then the contract will expire. Bidders shall provide documentation to illustrate what percentage of the price is related to fuel, as the increase shall be calculated based upon the percentage of the cost associated to the cost of fuel (see example below). Failure to provide the detailed cost analysis with each request for a price redetermination due to fuel price escalation shall preclude any price redetermination due to fuel costs. Example: ➢ Ten (10 %) percent of the cost to provide product/service is attributed to the cost of fuel. ➢ Current PPI is 264.52 264.52 ➢ PPI in the month the bid opened was 158.73 - 158.73 105.79 ➢ 105.79 divided by 158.73 = 66.7% increase on 10% of Total Cost ➢ The unit cost of the service is $100.00 ➢ 10% of $100.00 = $10.00 ➢ $10.00 x .667 = $6.67 ➢ New unit price for the product/service is $106.67 If the Director of Purchasing and Contracts grants an increase in the contract price based upon increases in gasoline and /or diesel prices, then the Director may also adjust the contract price downward if the cost of gasoline and /or diesel decreases by ten percent (10 %) or more from the date of the last increase in the contract price. This clause may be used in addition to any other price redetermination clause in this invitation provided it does not duplicate such increase. For example, if a PPI increase is also allowed to the remaining costs (see example above), it shall not exceed the remaining ninety (90 %) percent of Total Costs. If the County and the bidder cannot agree on any price redetermination, then the contract will expire without prejudice 30 (thirty) days after the impasse is reached. 2.28 Price Redetermination The bidder may petition the Director of Purchasing and Contracts for price redetermination on the anniversary date of the contract. The County may also petition the bidder under the same guidelines. Any price redetennination will be solely based upon changes as documented by the Producer Price Index (PPI) for the commodity "Asphalt" as published by the Bureau of Labor Statistics which can be found on -line at http: / /stats.bis.gov The base index number will be the month of the Bid closing. The initial redetermination index number will be the index for the anniversary of the month the Bid closes. For all periods after the first year, subsequent anniversary indexes will be used. Any price redetermination will include all items awarded. If the County and the bidder cannot agree on any price redetermination, then the contract will expire. P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 16 of 33 Bid 09- B -137PW Divide the redetermination index by the base index to determine the maximum percentage of increase allowed. This increase in percentage shall then be multiplied by the percentage directly attributed to the cost of materials entered on the Bid Submittal Form. Example: Base index = 179.2 and the initial redetermination = 189.5. (189.5 179.2 = 1.057 or an increase of .057 %) For purposes of this example, the assumption will be that .057% of the cost is directly attributed to the cost of material and that cost is $100.00 each. $100.00 x .057% = an increase of $5.70. $100.00 + $5.70 = $105.70. 2.29 Unusual Costs The Bidder may petition the County at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one year. If the Bidder petitions for such an increase, the Bidder shall also petition for a rate reduction on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one year; failure to make such petition may be grounds for Agreement termination. The Bidder's request shall contain substantial proof and justification to support the need for the rate adjustment. The County may request from the Bidder, and the Bidder shall provide, such further information as may be reasonably necessary in making its determination. The County shall approve or deny the request, in whole or in part, within 60 (sixty) days of receipt of the request and all other additional information required by the County. Any price redetermination shall be solely based upon the documentation provided and the County reserves the right to rescind any price relief granted should the circumstances change and prices go down. 2.30 Material Safety Data Sheet In accordance with Chapter 442 of the Florida Statutes, it is the bidder's responsibility to identify and to provide to the Volusia County Purchasing and Contracts Office a Material Safety Data Sheet for any material, as may apply to this procurement. 2.31 Waiver of Claims Once this contract expires, or final payment has been requested and made, the awarded bidder shall have no more than 30 (thirty) calendar days to present or file any claims against the County concerning this contract. After that period, the County will consider the bidder to have waived any right to claims against the County concerning this agreement. 2.32 Termination / Cancellation of Contract The County reserves the right to cancel the contract without cause with a minimum 30 (thirty) days' written notice. P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document. docPage 17 of 33 Bid 09- B -137PW Termination or cancellation of the contract will not relieve the bidder of any obligations for any deliverables entered into prior to the termination of the contract (i.e., reports, statements of accounts, etc., required and not received). Termination or cancellation of the contract will not relieve the bidder of any obligations or liabilities resulting from any acts committed by the bidder prior to the termination of the contract. The bidder may cancel the resulting contract with 180 (one hundred - eighty) days written notice to the Director of Purchasing and Contracts. Failure to provide proper notice to the County may result in the bidder being barred from future business with the County. 2.33 Termination for Default The County's Contract Administrator shall notify the bidder, in writing, of deficiencies or default in the performance of its duties under the Contract. Three separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless explicitly specified to the contrary elsewhere within this solicitation. It shall be at the County's discretion whether to exercise the right to terminate. Bidder shall not be found in default for events arising due to acts of God. 2.34 Termination for County's Convenience The performance of work under this contract may be terminated in accordance with this clause in whole, or from the time in part, whenever the County representative shall determine that such termination is in the best interest of the County. Any such termination shall be effected by the delivery to the bidder of a Notice of Tennination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Upon such termination for convenience, bidder shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the tennination date and the County shall have no other obligations to bidder. Bidder shall be obligated to continue performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date. 2.35 Incurred Expenses This ITB does not commit the County of Volusia to award a contract, nor shall the County of Volusia be responsible for any cost or expense which may be incurred by the bidder in preparing and submitting the Submittal called for in this ITB, or any cost or expense incurred by the bidder prior to the execution of a contract agreement. 2.36 Minimum Specifications The specifications listed in the Scope of Service are the minimum required performance specifications for this ITB. They are not intended to limit competition nor specify any particular bidder, but to ensure that the County receives quality services. P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 18 of 33 Bid 09- B -137PW 2.37 Compliance with Laws and Regulations The bidder shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work. Bidder shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The bidder shall protect and indemnify County and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by bidder, its representatives, sub- contractors, sub - consultants, professional associates, agents, servants, or employees. At time of bid submittal, bidder shall hold the required licensure to be the prime contractor for all work to be performed under the bid contract. If bidder proposes to use a subcontractor or sub - consultant to perform any work under the bid contract such subcontractor and /or sub - consultant shall, at the time of bid submittal, hold the required licensure for all work to be performed under this bid contract as a subcontractor and shall maintain such license(s) in full force and effect during the term of this bid contract. All licenses and permits required to perform bidder's duties under this bid contract whether such license or permit is required by the federal government, State of Florida, Volusia County, or any municipality, shall be at bidder's sole cost and expense, and shall not be a cost of the County. All required licenses and permits shall be maintained in full force and effect during the tern of this bid contract. 2.38 Indemnification of County The bidder shall indemnify, hold harmless, and defend the County, its officers, agents, and employees, from or on account of any claims, losses, expenses, injuries, damages, or liability resulting or arising solely from bidder's performance or nonperformance of services pursuant to this contract, excluding any claims, losses, expenses, injuries, damage, or liability resulting or arising from the actions of County, its officers, agents, or employees. The indemnification shall obligate the bidder to defend, at its own expense or to provide for such defense, at County's option, any and all claims and suits brought against County that may result from bidder's performance or non - performance of services pursuant to the contract. 2.39 Records & Right to Audit The bidder shall maintain such financial records and other records as may be prescribed by the County or by applicable federal and state laws, rules, and regulations. The bidder shall retain these records for a period of three (3) years after final payment, or until the County audits them, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent three -year period for examination, transcription, and audit by the County, its designees, or other entities authorized by law. P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 19 of 33 Bid 09- B -137PW 2.40 Change in Scope of Work/Service A. The County may order changes in the work /service consisting of additions, deletions, or other revisions within the general scope of the contract. No claims may be made by the bidder that the scope of the project or of the bidder's services has been changed, requiring changes to the amount of compensation to the bidder or other adjustments to the contract, unless such changes or adjustments have been made by written amendment to the contract signed by the County Representative, County Director of Purchasing and Contracts, and the bidder. B. If the bidder believes that any particular work /service is not within the scope of work/service of the contract, is a material change, or will otherwise require more compensation to the bidder, the bidder must immediately notify the County's Representative in writing of this belief. If the County's Representative believes that the particular work/service is within the scope of the contract as written, the bidder will be ordered to and shall continue with the work/service as changed and at the cost stated for the work /service within the scope. The bidder must assert its right to an adjustment under this clause within 30 (thirty) days from the date of receipt of the written order. C. The County reserves the right to negotiate with the awarded bidder(s) without completing the competitive bidding process for materials, products, and /or services similar in nature to those specified within this ITB for which requirements were not known when the ITB was released. 2.41 Modifications Due to Public Welfare or Change in Law The County shall have the power to make changes in the contract as the result of changes in law and /or ordinances of Volusia County to impose new rules and regulations on the bidder under the contract relative to the scope and methods of providing services as shall froth time -to -time be necessary and desirable for the public welfare. The County shall give the bidder notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the bidder. In the event any future change in Federal, State or County law or the ordinances of Volusia County materially alters the obligations of the bidder, or the benefits to the County, then the contract shall be amended consistent therewith. Should these amendments materially alter the obligations of the bidder, then the bidder or the County shall be entitled to an adjustment in the rates and charges established under the contract. Nothing contained in the contract shall require any party to perform any act or function contrary to law. The County and bidder agree to enter into good faith negotiations regarding modifications to the contract, which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the contract, the County and the bidder shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the bidder directly and demonstrably due to any modification in the contract under this clause. P: \PAM\Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document. docPage 20 of 33 Bid 09- B -137PW 2.42 Right to Require Performance A. The failure of the County at any time to require performance by the bidder of any provision hereof shall in no way affect the right of the County thereafter to enforce same, nor shall waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. B. In the event of failure of the bidder to deliver services in accordance with the contract terms and conditions, the County, after due written notice, may procure the services from other sources and hold the bidder responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have. 2.43 Force Majeure The County and the bidder will exercise every reasonable effort to meet their respective obligations as outlined in this ITB and the ensuing contract, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law or regulation, acts of God, acts or omissions of the other party, government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and /or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. 2.44 Bidder's Personnel During the performance of the contract, the bidder agrees to the following: A. The bidder shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the bidder. The bidder agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The bidder, in all solicitations or advertisements for employees placed by or on behalf of the bidder, shall state that such bidder is an Equal Opportunity Employer. B. The bidder shall be responsible for ensuring that its employees, agents, and subcontractors comply with all applicable laws and regulations and meet federal, state, and local requirements related to their employment and position. C. The bidder certifies that it does not and will not during the perfonnance of the contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended. P: \PAM\Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document. docPage 21 of 33 , f'[:ka:Ali D. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. E. The bidder shall include the provisions of the foregoing paragraphs A, B, C, and D, above, in every subcontract or purchase order so that the provisions will be binding upon each bidder. F. The bidder and any sub - contractor shall pay all employees working on this contract not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510 -794) as amended. G. Any information concerning the County, its products, services, personnel, policies, or any other aspect of its business learned by the bidder or personnel furnished by the bidder in the course of providing services pursuant to the Agreement, shall be held in confidence and shall not be disclosed by the bidder or any employee or agents of the bidder or personnel furnished by the bidder, without the prior written consent of the County. 2.45 Claim Notice The bidder shall immediately report in writing to the County's designated representative or agent any incident that might reasonably be expected to result in any claim under any of the coverage mentioned herein. The bidder agrees to cooperate with the County in promptly releasing reasonable information periodically as to the disposition of any claims, including a resume of claims experience relating to all bidder operations at the County project site. 2.46 Contract /Bidder Relationship The County of Volusia reserves the right to award one or more contracts to provide the required services as deemed to be in the best interest of the County. Any awarded bidder shall provide the services required herein strictly under a contractual relationship with the County and is not, nor shall be, construed to be an agent or employee of the County. As an independent bidder the awarded bidder shall pay any and all applicable taxes required by law; shall comply with all pertinent Federal, State, and local statutes including, but not limited to, the Fair Labor Standards Act, Tile Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The bidder shall be responsible for all income tax, FICA, and any other withholdings from its employees' or sub - contractor's wages or salaries. Benefits for same shall be the responsibility of the bidder including, but not limited to, health and life insurance, mandatory Social Security, retirement, liability /risk coverage, and workers' and unemployment compensation. The independent bidder shall hire, compensate, supervise, and terminate members of its work force; shall direct and control the manner in which work is performed including P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 22 of 33 Bid 09- B -137PW conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform. The independent bidder shall not be provided special space, facilities, or equipment by the County to perform any of the duties required by the contract, nor shall the County pay for any business, travel, or training expenses or any other contract performance expenses not explicitly set forth in the specifications. The independent bidder shall not be exclusively bound to the County and may provide professional services to other private and public entities as long as it is not in direct conflict and does not provide a conflict of interest with the services to be performed for the County. 2.47 New Material Unless otherwise provided for in this specification, the bidder represents and warrants that the goods, materials, supplies, or components offered to the County under this Bid solicitation are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the bidder believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the County's interest, the bidder shall so notify the County Procurement Analyst in writing no later than ten (10) working days prior to the date set for opening of Bids. The notice shall include the reasons for the request and any benefits that may accrue to the County if the Procurement Analyst authorizes the Bidding of used or reconditioned goods, materials, supplies, or components. 2.48 Disadvantaged Business Enterprise Program Tile County Council has adopted policies that assure and encourage the full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. The County encourages joint ventures between majority-owned firms and qualified disadvantaged / minority / women -owned firms. 2.49 Damages Due to the nature of the services to be provided and the potential impact to the County for loss, the bidder cannot disclaim consequential or inconsequential damages related to the performance of this contract. The bidder shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or sub - consultants. There are no limitations to this liability. 2.50 Conflict of Interest Form All bidders shall properly complete, have notarized, and include with their Bid Submittal the attached form disclosing any potential conflict of interest that the bidder may have due to ownership, other clients, contracts, or interests associated with this project. P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 23 of 33 Bid 09- B -137PW 2.51 Definitions As used in this Bid, the following terms shall have the meanings set forth below: Bidder That person or entity, including employees, servants, partners, principals, agents, and assignees of the person or entity that has submitted a bid proposal for the purpose of obtaining business with the County to provide the product and /or services set forth herein. Construction Services Means all labor, services, and materials provided in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. The term "construction services" does not include contracts or work performed for the Department of Transportation. Contract The document resulting from this solicitation between the County and the Contractor, including this bid, along with any written addenda and other written documents, which are expressly incorporated by reference. Contract Administrator The Director of Purchasing and Contracts or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the contract. Any changes to the resulting contract shall be made in writing and authorized by the Director of Purchasing and Contracts. Contractor That person or entity, including employees, servants, partners, principals, agents, and assignees of the person or entity that has submitted a bid proposal for the purpose of obtaining business with the County to provide the product and /or services set forth herein. Contractor's Project Manager The Project Manager has responsibility for administering this contract for the successful Bidder(s) and will be designated prior to the issue of the resulting Price Agreement or Purchase Order. County The word County refers to the County of Volusia, Florida. County's Protect Manager(s) The Project Manager(s) have responsibility for the day - to -day administration of the resulting contract for the County and will be designated prior to award of the resulting Price Agreement or Purchase Order. Day The word "day" means each calendar day or accumulation of calendar days. Director The Director of Purchasing and Contracts for the County of Volusia, FL. Person or Persons An individual, firth, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require. P: \PAM \Bids\2009 Bids \09- B -1 37PW Asphaltic Concrete and remova, maintenance and repairs \09- B -1 37PW Bid Document. docPage 24 of 33 Bid 09- B -137PW Price Agreement The payment vehicle through with the successful Bidder(s) shall be compensated. This agreement will be issued in accordance with the specifications, terms, and conditions of this Bid document and shall be valid for a specified period of time with a specific dollar value, which shall not be exceeded annually. Turnkey Solution A complete solution that is supplied, installed, or purchased in a condition ready for immediate use, occupation, or operation within a specified time frame. P: \PAM\Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document. docPage 25 of 33 Bid 09- B -137PW 3.0 SUBMITTAL REQUIREMENTS (Submit in the following order) 3.1 Completed Invitation To Bid cover pages (includes two pages) with documentation, such as a Memorandum of Authority, that the executing individual is authorized to commit the firm to a contract. Clearly state the name, title, and contact information for the individual designated by the firm as contact point for any requests for additional information required by County. 3.2 Completed Bid Submittal Form (use attached form). 3.3 List at least three (3) recent references where the proposed product has been used within the past year. Use of the attached form will aid in evaluation. 3.4 Business Tax Receipt (BTR) To be responsive to this solicitation, each Respondent who is currently required to have a Business Tax Receipt (BTR) at the time of submittal shall provide a copy of their current BTR in their response to this solicitation. There are two exceptions to this bid submission requirement: If Respondent's business does not have a physical location in Volusia County, no submission is required, OR 2. If Respondent's business type is exempt, submit with proposal a Proof of Exemption approved by the Volusia County Revenue Director (see Section 8.0). See http: / /www.municode.com /resources/ ag_ teway.asp ?pid =1 1665 &sid =9 for Ch. 114, Article I, Sect. 114 -1 of the Volusia County Code of Ordinances. 3.5 Evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Final forms must contain the correct solicitation and /or project number and Volusia County contact person. Firms that have owner /operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the proposal. 3.6 Conflict of Interest Form (USE ATTACHED FORM) All bidders shall properly complete, have notarized, and include with their Bid Submittal the attached statement disclosing any potential conflict of interest that the bidder may have due to ownership, other clients, contracts, or interests associated with this project. 3.7 Addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's bid. Failure to return signed addenda may be cause for the bid to be considered non - responsive. P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 26 of 33 Bid 09- B -137PW 3.8 Completed Contractor Registration Form and Taxpayer Identification Number (TIN) and Certification Form — Include a completed TIN form. If the firm is not registered with Volusia County, a Vendor Input Form must be completed and submitted with the bid. This form is available on -line at www.volusia.org/purchasing under "Doing Business with Volusia County" or "Vendor Registration Form ". All bidders shall be prepared to supply a financial statement upon request, preferably a certified audit, but a third party prepared financial statement and the latest D & B report will be accepted. P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 27 of 33 Bid 09- B -137PW 2009 4.0 BID SUBMITTAL FORM TO: County of Volusia, Florida Office of Director of Purchasing and Contracts 123 W. Indiana Avenue, Room 304 Deland, FL 32720 -4608 The undersigned hereby declare(s) that [firm name] has carefully examined the specifications to furnish: Asphaltic Concrete and Removal of Existing Surface by Milling for which Bid Submittals were advertised to be received no later than 3:00 p.m., local time, on Wednesday, September 23, 2009, and further declares that the firm will furnish the Asphaltic Concrete and Removal of Existing Surface by Milling according to specifications. Complete Pricing on Attachment A The County reserves the right to negotiate with awarded vendor(s) for additional services similar in nature not know at the time of bid closing. Sole Proprietor ❑ Yes ❑ No Total number employees ................. F.O.B. Destination, freight allowed The following information is required in order to be granted a price redetermination. Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, etc., what percentage of the rate is directly attributed to the cost of fuel? ....................... % Which does the firm use: ❑ Diesel fuel or ❑ Gasoline? Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of wages? ........................................................... ............................... % Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances and other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of materials? ...................... % Have you supplied all the Submittal Requirements outlined below? ❑ Invitation to Bid cover pages. (Includes two pages) ❑ Completed and executed Bid Submittal form ❑ References, in accordance with Section 2.9, Definition of Responsive and Responsible ❑ Licenses ❑ If you have a physical location in Volusia County, submit on of these: ❑ Current Business Tax Receipt, OR ❑Proof of Exemption Form ❑ Proof of Insurance ❑ Notice of Election to be Exempt, if required ❑ Conflict of Interest form P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document. docPage 28 of 33 Bid 09- B -137PW ❑ Any addenda pertaining to this ITB ❑ Did you include a CD, as required in the section entitled Bid Submittal Form? Prompt Payment Terms: % Days; Net 30 Days Do you accept electronic funds transfer (ETF)? YES ❑ No ❑ The County of Volusia reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as they may deem to be in the best interest of the County. I hereby certify that I have read and understand the requirements of this Invitation to Bid No. 09- B -137PW " Asphaltic Concrete and Removal of Existing Surface by Milling ", and that 1, as the bidder, will comply with all requirements, and that I atn duly authorized to execute this proposal /offer document and any contract(s) and /or other transactions required by award of this ITB. Company: Per: Signature: Address: C ity: State: ZIP: Telephone: , Fax: E -Mail Address: Dunn & Bradstreet #: , Fed. I.D. # (Print nam) The vendor acknowledges that information provided in this bid is true and correct: X Authorized Signature Typed Name Title Date P: \PAM \Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 29 of 33 5.0 REFERENCES Bid 09- B -137PW # I Agency Address City, State, ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: #2 Agency Address City, State, ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: #3 Agency Address City, State, ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: P: \PAWBids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 30 of 33 Bid 09- B -137PW 6.0 CONFLICT OF INTEREST FORM HEREBY CERTIFY that l . 1, (printed name) (title) of the firm of (Firm Name) , am the and the duly authorized representative whose address is and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, 2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, 3. This Bid Submittal is made without prior understanding, agreement, or connection with any corporation, firth, or person submitting a bid for the same services, and is in all respects fair and without collusion or fraud. EXCEPTIONS to items above (List): Signature: Printed Name: Firm Name: Date: STATE OF _ COUNTY OF Sworn to and subscribed before me this who has /have produced NOTARY PUBLIC — STATE OF Type or print name: (Seal) Commission No.: Commission Expires: day of , 20 , by who is /are personally known to me or as identification. P: \PAM\Bids\2009 Bids \09- B -137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 31 of 33 Bid 09- B -137PW 7.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME & DISCRIMINATORY VENDOR LIST REQUIREMENTS & DISQUALIFICATION PROVISION A. Pursuant to Florida Statutory requirements, potential Respondents are notified: 287.133(2)(a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 287.133(2)(b) A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 287.134(2)(a) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 287.134(2)(b) A public entity may not accept any bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the discriminatory vendor list. B. By submitting a proposal, the Respondent represents and warrants that the submission of its proposal does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005). C. In addition to the foregoing, the Respondent represents and warrants that Respondent, Respondent's subcontractors and Respondent's implementer, if any, is not under investigation for violation of such statutes. D. Respondent should read carefully all provisions of 287.133 and 287.134, Florida Statutes (2005). P:\PAM\Bids\2009 Bids \09- B•137PW Asphaltic Concrete and remova, maintenance and repairs \09- B -137PW Bid Document.docPage 32 of 33 AGENDA REQUEST C.A. # -1004 Date: October 7, 2010 PUBLIC HEARING October 18, 2010 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION 2nd Reading — Ordinance No. 2010 -0 -22 Amendment to the City of Edgewater Land Development Code, Article III, Section 21 -36.07 — Boat Docks and Slips APPLICANT /AGENT: City of Edgewater REOUESTED ACTION: Approve the Land Development Code (LDC) text amendment to Article III proposing a modification to Section 21 -36.07 — Boat Docks and Slips Background: The LDC Article X (Boat Slip Allocation) provides more in -depth standards regarding the number of boat slips permitted for lots of record along the Indian River, thereby necessitating the proposed amendment to the above - referenced LDC section, which conflicts with recently adopted language in Article X. The Planning and Zoning Board recommended approval of the proposed amendment on September 8, 2010. City Council approved first reading of this ordinance on September 27, 2010. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2010 -0 -22; the Land Development Code text amendment to Article III modifying Section 21 -36.07 — Boat Docks and Slips. ACTION REQUESTED Motion to approve Ordinance 2010 -0 -22. FINANCIAL IMPACT :(Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X YES X NO If so, DATE: Resp fully sub ed, kh Da en Lear Development Services Director AGENDA ITEM # 8c Concurrence: Robin L. Matusick Paralegal Tracey T. Bari City Manager ORDINANCE NO. 2010-0-22 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 21 (LAND DEVELOPMENT CODE), ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES), SECTION 21 -36.07 (BOAT DOCKS AND SLIPS); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. September 11, 2006, Council adopted Ordinance #2006 -0 -27 which amended and restated Chapter 21 (Land Development Code) in its entirety. 3. The modification of Section 21 -36.07 (Boat Docks and Slips) will bring this section into compliance with Article X (Boat Slip Allocations). NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING CHAPTER 21 (LAND DEVELOPMENT CODE), ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES), SECTION 21- 36.07 (BOAT DOCKS AND SLIPS), OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending Section 21 -36.07 (Boat Docks and Slips) of Article III (Permitted, Conditional, StFilgk passages are deleted. Underlined passages are added. #2010 -0 -22 Accessory and Prohibited Uses) of Chapter 21 (Land Development Code) as set forth in Exhibit "A" which are attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Stfike through passages are deleted. Underlined passages are added. FA #2010 -0 -22 PART F. ADOPTION. After Motion to approve by Councilman Cooper and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on September 27, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper X ABSTAINED X After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper &fike thFOug# passages are deleted. Underlined passages are added. #2010 -0 -22 3 NAY PASSED AND DULY ADOPTED this 18th day of October, 2010. ATTEST: Bonnie Wenzel City Clerk CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch Approved by the City Council of the City of Edgewater at a meeting held on this 18th day of October, 2010 under Agenda Item No. 8 StAke thFOUgh passages are deleted. Underlined passages are added. 4 #2010 -0 -22 Exhibit "A" ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES) SECTION 21 -36.07 (BOAT DOCKS AND SLIPS) S *�� thro ugh passages are deleted. Underlined passages are added. #2010 -0 -22 SECTION 21 -36 — ACCESSORY USE REQUIREMENTS 21- 36.01— Purpose This Section includes those accessory uses and detached structures that are subordinate to the main use or building or located on the same lot. The term other accessory buildings shall include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like. 21 -36.02 — General Regulations a. The principle permitted use must be built or permitted prior to a permit for an accessory use is permitted. b. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. c. No accessory use, building or structure shall exceed the height limit shown in that district. d. Accessory buildings shall not be rented or otherwise used as a dwelling unit. e. No accessory structure may be located within a public right -of -way or public easement. f. All accessory structures are required to obtain a building permit. g. No accessory structure may be located in any front yard in any zoning district. h. Accessory buildings shall conform to the setback requirements described in Table V -1. i. No accessory building may be located within any required parking area, landscape area or stormwater facility area. j. Accessory buildings shall be limited to 2 per parcel. k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property lines. 21 -36.03 — Outdoor Storage and Display: Commercial/Industrial The purpose of this Section is to provide regulations for the location of outdoor storage and display facilities where such storage is an accessory use and a part of normal operations on the premises. a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain commercial and industrial districts as indicated in Table III -3. Such outdoor storage or Rev 09/13/10 (LandDevelopmentCode) 111 -19 display shall not be located adjacent to any residential district or use unless such storage or display is screened from the view of the neighboring residential district or use. b. No outdoor storage may be located in any required front yard, parking areas, fire zones, loading areas or access lanes. c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic entering or leaving the site. Existing sites with a chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and similar materials, which are subject to being scattered or blown about the premises by normal weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or building shall be located in a public right -of -way, utility or drainage easement. e. Commercial outdoor display of merchandise may be permitted as an accessory use within the required front, side or rear yard areas, providing that such outdoor display shall not be located adjacent to a residential street. f. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet (10') from the front and side corner property line and five feet (5') from the interior side and rear property line. Landscaping shall be installed in this area on any adjacent local street. g. All display merchandise and related display equipment shall be removed at the close of business each day. No outdoor display areas shall be permitted within required parking spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, driveway entrances or exits. h. All unattended machines dispensing a product, with the exception of ice and water machines, LP gas, newspaper machines (general circulation), shall be located indoors. 21 -36.04 — Satellite Dishes and Antennas The purpose of this Section is to control the location of satellite dishes and antennas in order to allow their use without sacrificing property values. Telecommunication tower location and site development standards are found in Article XII. a. Privately owned ham radio antennas, citizens band radio and /or satellite dish antennas shall be considered accessory uses. All other such facilities belonging to companies whose business involves the reception or transmissions of wireless communication signals shall be considered commercial uses. b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters (approximately 36 inches) or less in diameter shall not require an installation permit. Rev 09/13/10 (LandDevelopmentCode) 111 -20 c. A satellite dish greater than 36 inches (36 ") in diameter shall require a building permit from the City. d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in diameter shall be set back five feet (5') from side and rear lot lines or easements. e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be permitted in the front yard of any parcel. f. The required setback shall be measured from the closest point of the outermost edge of the antenna or satellite dish to the property line. g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes shall not exceed the height limit in that district. 21 -36.05 — Places of Worship — Schools /Child Care The purpose of this Section is to establish criteria for the operation of schools and recreation facilities as an accessory use associated with places of worship. a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25') of property used as residential. b. Recreation areas associated with places of worship shall not use artificial site lighting at night unless shielded from adjacent residential areas. c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel. d. The front yard of a place of worship shall be on an arterial or collector roadway. e. The building design for new construction shall be substantially similar to the design of the existing structures. No portables, trailers or like buildings are permitted. f. Parking and service areas shall be located away from adjacent parcels. 21 -36.06 — Boathouses The following regulations shall apply to boathouses in all the R -1, R -2, R -3, R -4 and R -5 districts. a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen (15') feet from mean high water. b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is established, then the mean high tide watermark shall be used as the line of measurement. Rev 09/13/10 (LandDevelopmentCode) 111 -21 Accessory building attached to boathouse: No accessory building which is attached to a boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from the established bulkhead line. If a bulkhead line is not established, then the mean high water mark shall be used as the line of measurement. d. Detached accessory building to boathouse: A detached accessory building to a boathouse is prohibited in the R -1, R -2, R -3, R -4 and R -5 residential districts. e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in width measured on a line parallel to the established bulkhead line or exceed forty (40') feet in depth measured at right angles to the established bulkhead line. If a bulkhead line is not established, then the mean highwater mark shall be used as a line of measurement. 21 -36.07 — Boat Docks and Slips a. Boat docks and slips for mooring pleasure boats, yachts and non - commercial watercraft shall be permitted in accordance with Volusia County's Manatee Protection Plan in any residential district as an accessory use to the residential use. b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of measurement. 21 -36.08 — Boats as Dwelling Units No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy and equipped with sanitary facilities that are either: a. Connected to a public sewer system, or b. Have a self - contained waste treatment system. 21 -36.09 — Canopies/Temporary Carports and Tents /Gazebos a. Owners of canopies /temporary carports and tents /gazebos shall be required to secure the above objects so as to prevent them from becoming airborne or from leaving the property where installed, as well as keep them in a good state of repair. b. The below specifications are intended to be minimum only and are no indication or guarantee of fitness for securing the temporary items covered under this Section. Quantities and sizing will vary by the size of the item being secured. Rev 09/13/10 (LandDevelopmentCode) 111 -22 1. All tie downs must be secured to solid, immoveable objects such as: mobile home anchors, concrete driveways, buildings, etc., or as per manufacturer's installation instructions or engineer's specifications. 2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable or a minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or polyester) or sized as per manufacturer's installation instructions or engineer's specifications. 3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down, because attaching weight or other moveable objects to canopies /temporary carports and tents /gazebos can cause those weights to be catapulted by wind lift. c. Canopies /temporary carports shall be located in the driveway, immediately parallel to the driveway, in the side yard or back yard, but at no time shall they extend over the property line or into the public right -of -way. There shall be a limit of one such canopy /temporary structure in the front setback/front yard area and shall be as far from the front property line /street as the yard size or driveway permits. This location must not cause a safety problem. No enclosing or side tarps will be allowed in the front setback/front yard area. d. Tarps /tops of temporary structures shall be removed during hurricane warning conditions. e. Use of such canopies within the front setback/front yard, shall be limited to cover automobiles, watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers, campers and other motorized vehicles. 21 -36.10 — Swimming Pools a. Definitions As used in this Article, the following terms shall have the respective meanings ascribed to them: Residential swimming pool: Any swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by guests invited to use it without charge or payment of any fee. Swimming Pool: A body of water in an artificial or semi - public or private swimming setting or other water - related recreational activity intended for the use and enjoyment by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110 -volt plug -in Jacuzzi/hot tubs. Rev 09/13/10 (LandDevelopmentCode) 111 -23 Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and less than twenty -four (24) inches in depth at any point. Wading pools shall not be required to comply with this Article. b. Permit — Application; plans and specifications Application: Before the erection, construction or alteration of any swimming pool has begun, an application for a permit shall be submitted to the Building Official for approval. 2. Plans and specifications: The application shall be accompanied by two (2) sets of full and complete plans and specifications of the pool, including a survey of the lot showing distance between buildings or structures and the distance from all property lines. Plans must show method of compliance with the Pool Safety Act, F.S. 515. Structural Requirements General: All swimming pools whether constructed of reinforced concrete, pneumatic concrete, steel, plastic or others, shall be designed and constructed in accordance with the requirements of the Florida Building Code, 424 and accepted engineering principles. d. Location 1. Front yard and side corner yard swimming pools are prohibited. 2. No swimming pool shall be constructed closer than five (5) feet from any building without engineering, nor within any easement or ten (10) feet from any property line, unless a Development Agreement or P.U.D. Agreement is established for the property. e. Enclosures 1. All swimming pools, unless entirely screened in, shall be completely enclosed with a fence or wall at least four feet (4') high, and so constructed as to not be readily climbable by small children. All gates or doors providing access to the pool area shall be equipped with a self - closing and self - latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped, per Child Safety Act, F.S. 515. 2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down cover shall be completely enclosed with a fence or wall at least four feet (4') high and so constructed as to not be readily climbable by small children, and comply with the Child Safety Act, F.S. 515. Rev 09/13/10 (Land DevelopmentCode) 111 -24 f. Filtration and recirculation system All swimming pools shall be equipped with a filtering and recirculation system and such systems shall be compliant with all applicable requirements as set forth by the American National Standards Institute. g. Electrical wiring All electrical wiring must comply with the National Electrical Code (NEC). h. Plumbing When plumbing is connected to City service for water supply, all plumbing shall be in strict accordance with the local plumbing code. When water is supplied from sources other than City connected service to family pools, then plastic pipe stamped and approved one hundred (100) by an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing inspector. i. Discharge water Water being discharged from the pool or from the back flushing of the filtering system may be discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other approved method by the City. Discharge water may not be discharged into a sanitary or combined sewer. j. Rim height The overflow rim of all swimming pools shall be a minimum grade above surrounding ground level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool. k. Walkway A walkway of concrete or other approved materials shall surround all swimming pools from the overflow rim outward a distance of three feet (3') for at least two - thirds (2/3) of the pool perimeter and shall be so designed that water cannot drain from the walkway into the pool. n. Overflow Skimmer A beam overflow skimmer shall be required and be designed so that debris caught in it will not be washed back into the pool by water movements. Rev 09/13/10 (Land DevelopmentCode) I1I -25 AGENDA REQUEST CA# 2010- SA-1005 Date: October 7, 2010 PUBLIC HEARING October 18, 2010 RESOLUTION BOARD APPOINTMENT CONSENT ORDINANCE OTHER BUSINESS ITEM DESCRIPTION Larry Miller, agent for Close to the Edge, LLC, is requesting a Special Activities permit for the "Close to the Edge Art and Music Festival" event with outdoor music to be located at the southeast corner of I-95 and St. Rd. #442 (Edgewater Ranch). The applicant is also asking for an exemption to the number of events /activities permitted per year for this location. This will be the third Special Activity held at this location between the period of July 1St and December 31St 2010. BACKGROUND The event is scheduled for December 17-19, 2010. Hours of operation are as follows: ➢ December 17, 2010 — 5:00 p.m. to 1100 p.m. w/ outdoor music from 6:00p.m.-10 :00 p.m. ➢ December 18, 2010 — 12:00 p.m. to 1100 p.m. w/ outdoor music from 1 :00 p.m. — 10:00 p.m. ➢ December 19, 2010 — 12:00 p.m. to 6 :00 p.m. w/ outdoor music from 1:00 p.m. — 5:00 p.m. The Police and Fire Department have met with the applicant to determine the services needed for this event. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. Property owners within 500-feet have been notified of the public hearing. STAFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval of the special activities permit to allow Larry Miller to hold the "Close to the Edge Art and Music Festival' event with outdoor music on December 17-19, 2010 based on following conditions: 1. Access must remain readily accessible to allow emergency vehicle access; 2. The occupant load of the assembly area may never be exceeded; 3. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit; 4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances; 5. The applicant shall provide lighted message boards; 6. Vendor Information sheets must be completed for all vendors and submitted to this office at least fourteen (14) days prior to the event and is subject to the approval of the Development Services Department; 7. No parking is permitted in public right or in the site visibility triangle; 8. Must provide Notarized Authorization from Property Owner if offsite parking is going to be used. ACTION REQUESTED Motion to approve the special activities permit to allow Larry Miller to hold the "Close to the Edge Art and Music Festival' event with outdoor music on December 17-19, 2010 based on staffs recommendations and to approve the exemption to the number of events /activities permitted per year to be held at the southeast corner of I-95 and St. Rd. #442 (Edgewater Ranch). FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE Respectf y Submit Darre , ear Development Ser ices Director AGENDA ITEM NO. Concurrence: �J Robin Matusick Paralegal N Tracey T. Barlow City Manager SPECIAL ACTIVITY PERMIT CLOSE TO THE EDGE, LLC S/E CORNER OF I -95 & 442 EDGEWATER, FLORIDA 32141 APPLICANT: LARRY MILLER FUNCTION: CLOSE TO THE EDGE ART & MUSIC FESTIVAL SPECIAL ACTIVITY PERMIT REQUIREMENTS A Special Activity Permit has been issued for Close to the Edge, LLC — Close to the Edge Art and Music Festival event and outdoor music, activity to be held December 17, 2010, with the hours of operation being from 5:00 p.m. to 11:00 p.m., December 18, 2010, with the hours of operation being from 12:00 p.m. to 11:00 p.m. and December 19, 2010, with the hours of operation being from 12:00 p.m. to 6:00 p.m. Outdoor amplified music will be provided during the following time periods: • December 17,2010-6:00 p.m. to 10:00 p.m. • December 18, 2010 — 1:00 p.m. to 10:00 p.m. • December 19, 2010 —1:00 p.m. to 5:00 p.m. (3 days at $300.00 per day Fee of $900.00 paid) 2. All conditions of the City's Code of Ordinances, nuisances, noise, health, sanitation and miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity. 3. Proposed use will not result in unsafe ingress and /or egress for pedestrians or vehicles, and shall comply with parking requirements for that use. 4. A description of adequate provisions for parking will be supplied in advance to the Development Services Department for staff review. Applicant must obtain written permission from all property owners granting authorization to use their property for this event, including use for parking facilities. Applicant will supply adequate manpower for parking vehicles during the event. 5. Applicant shall provide the City Clerk with a bond or an insurance policy to protect City from liability in form and substance acceptable to City of at least $500,000 if no on -site alcohol consumption is proposed and $1,000,000 if on -site alcohol consumption is permitted and /or pyrotechnics are proposed to indemnify and hold the City harmless of any and all liabilities. Applicant will also sign a Hold Harmless Agreement. 6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of the event including potable water, if necessary. 7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and /or City administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code compliance, police, and /or fire department personnel to remain on site during the activity. The cost of said personnel shall be reimbursed to the City by the sponsor /promoter (Exhibit `C'). Appropriate State of Florida agencies are responsible for the inspection of amusement rides and public food preparation facilities. 8. The proposed use will substantially comply with the appropriate Life Safety Code and Building Code requirements. Plans must be approved by Fire and Police Departments. 9. No signage for advertising the event shall be placed on any public right -of -way. Any signs used for the event must be permitted and inspected by the Development Services Department. All signs shall be removed within 1 day at the end of the event. 10. The number of special activities at any given location or address shall not exceed one 10 -day period and two 1 -day charitable events /activity between the period of January 1St through June 30 and one 10 -day period and two 1 -day charitable events /activity between the period of July 1 St through December 31 Any exemptions to these requirements must be approved by City Council. A letter of authorization from property owner must be supplied to the City. 11. The proposed use is limited to a specific period of time listed on the Special Activity Application, not to exceed ten days. 12. The proposed use will operate only during the specific daily time period requested on the application. 13. The proposed activity will direct on -site lighting away from adjacent parcels and roadways. 14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtained. 15. No electrical cords to be placed across driveways or driving lanes. 16. No open flames permitted. 17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at all times and be readily available. The quantity of fire extinguishers to be determined by the Fire Department. 18. Access roadways must be maintained at a minimum width of 20 feet. 19. Overnight parking or camping is prohibited. 20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up. ►a 21. Individual vendors must register with the City Clerk and food vendors must have proper state inspections. {Department of Business and Professional Regulations will do inspections (800- 375- 6975), fees may be required by the State) 22. Applicant is responsible for leaving property clear of all trash, garbage and litter. 23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one -year period. A repeat offender is defined as a sponsor /promoter who violates any of the conditions of the special activity permit more than one time in a six -month period. 24. The applicant must provide adequate parking for those in attendance. 25. All off site parking will require a traffic detail. 26. No parking is permitted in public right -of -ways or in the site visibility triangle (Exhibit `A'). 27. A special activity requesting road closures will provide "road closed" signs and barricades. 28. A special activity with heavy /congested vehicular and/or pedestrian traffic will provide "congested area ahead" signs along with an additional generated light system that will illuminate the area of crossing /congestion. 29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall comply with the City's determination. The special activity permit is subject of revocation if owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances shall be upheld (Exhibit `B'). 30. Vendor information sheets must be completed for all vendors and submitted to this office prior to the permit being issued. ADDITIONAL CONDITIONS PER FIRE MARSHAL /POLICE DEPARTMENT: Driveways must remain readily accessible to the rear of the building to allow emergency vehicle access; 2. The occupant load of the assembly area may never be exceeded; 3. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit; 4. The applicant fully complies with Section 21 -37 (Special Activity Requirements) of the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances. I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL SERVICES ARE REOUIRED FOR THIS EVENT. I have read and understand that I must comply with the above conditions. Signature Permit Reviewed /Approved by: Permit issued by: Date Police Chief Fire Chief Darren Lear, Development Services Director Date CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Development Services Director 4 EXHIBIT "A" 21 -38.03 — Site Triangle Requirements a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height of two and one -half feet (2'/2 ") to ten feet (10') above the intersecting street right -of -way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right -of -way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. EXHIBIT "B" ARTICLE II - NOISE Sec. 10 -22. General restrictions. (a) No person shall operate or cause to be operated any source of sound from any subject parcel in such a manner as to create a noise nuisance or sound level which exceeds the limits set forth for the use occupancy in Table 1, when measured at the property boundary of the subject property from which the sound emanates. (b) Sound or noise emanating from one use occupancy category into another use occupancy category with a different noise level limit shall not exceed the limits of the use occupancy category into which the noise is projected. TABLE 1 Noise Restrictions Use Occupancy Category Time Sound Level Limit d( BA) Residential 8:00 AM - 9:00 PM 9:00 PM - 8:00 AM 60 50 Commercial 7:00 AM - 10:00 PM 10:00 PM - 7:00 AM 65 60 Manufacturing All times 75 Noise Sensitive Zone All times 50 EXHIBIT `C' CLOSE TO THE EDGE, LLC S/E CORNER OF I -95 & 442 EDGEWATER, FLORIDA 32141 APPLICANT -LARRY MILLER FUNCTION - "CLOSE TO THE EDGE ART AND MUSIC FESITVAL" THE BILLIBLE RATE FOR POLICE OFFICERS IS $ 56.00 PER MAN HOUR STATEMENT FOR POLICE SERVICES 5 POLICE OFFICERS FOR THE EVENT 12/17/10 5:00pm - 11:00pm 30 man /hrs 5 POLICE OFFICERS FOR THE EVENT 12/18/10 12:00pm - 11:00pm 55 man /hrs 5 POLICE OFFICERS FOR THE EVENT 12/19/10 12:00pm - 6:00pm 30 man /hrs TOTAL 115 man /hrs @$ 56.00 per man /hr = $ 6440.00 ************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** THE BILLIBLE RATE FOR EMS PERSONNEL IS AS FOLLOWS: 2 DRIVER ENGINEER /PARAMEDIC @ $ 26.05 per man /hr 1 FIRE MARSHALL @ $ 36.76 per hour man /hr AMBULANCE Free ERV (Mule) Free STATEMENT FOR EMERGENCY MEDICAL SERVICES PERSONNEL DRIVER ENGINEER/PARAMEDIC 12/17/10 4:00 p.m. - 11:00 p.m. 14 man /hrs. 12/18/10 11:00 a.m. - 11:00 p.m. 24 man /hrs. 12/19/10 11:00 a.m. - 7:00 p.m. 16 man /hrs. TOTAL 54 man /hrs @ $ 26.05 per man /hr = $ 1406.70 EXHIBIT `C' FIRE MARSHALL 12/17/10 4:00 p.m. - 11:00 p.m. 7 man /hrs. 12/18/10 11:00 a.m. - 11:00 p.m. 12 man /hrs. 12/19/10 11:00 a.m. - 7:00 p.m. 8 man /hrs. TOTAL 27 man /hrs @ $ 36.76 per man /hr = $ 992.52 Total for Fire /EMS Services: $ 2399.22 TOTAL COST FOR POLICE AND FIRE /EMS SERVICES: $8839.22 I agree to pay to the City of Edgewater any additional monies should additional time and manpower be required. Signature Date Special Activity Permit Hold Harmless Agreement In consideration for the privileges associated with the CLOSE TO THE EDGE ART AND MUSIC FESTIVAL SPECIAL ACTIVITY PERMIT, the undersigned agrees that it shall not claim any damages from the City of Edgewater ( "City ") in connection with or on account of, and as between the parties shall be solely responsible for, any injuries or damages arising from the undersigned's (including their agents, representatives, and employees) participation in their Special Activity known as CLOSE TO THE EDGE ART AND MUSIC FESTIVAL ( "Special Activity "). The City provides no express or implied warranties or representations as to the fitness of the site and the undersigned assumes all risks in undertaking the Special Activity. The undersigned shall keep, protect and save the City harmless of any loss, costs or expenses of any sort and nature and from any liability to any person, natural or artificial, on account of any damage to any person or property arising from the undersigned's participation in the Special Activity. The undersigned further agrees to hold harmless from and to indemnify the City against any and all claims made by anyone injured or otherwise damaged while in or about the site during the Special Activity. The undersigned further agrees to have sole responsibility for any costs, penalties, fines or other damages incurred by the City or any other party that are in any way a result of the undersigned's participation in the Special Activity. IN WITNESS WHEREOF, this WITNESSES COUNTY OF VOLUSIA STATE OF FLORIDA day of , 2010. LARRY MILLER ON BEHALF OF CLOSE TO THE EDGE, LLC Name:_ By /Title: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared who is duly authorized to execute this document on behalf of , is personally known to me or has produced as identification and who executed the foregoing instrument and acknowledged before me that he /she executed same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2010. (Seal /Stamp) (Commission Expiration Date) Notary Public State of Florida at Large (Forms/ Indemnification- SpecialActivityPermit -2010) CITE' OF EDGEWATER SPECIAL ACTIVITY APPLICATION This application must be completed in its entirety and submitteJ to the Planning Department at least 60-nays in advance of the activity. Incomplete applications will be.. returned to the applicant and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY TtUS, APPLICATION FEE: 5300 /day Applicant Name: qZfL -- Date Sponsor /Organization Name: huc � -- - - - - -— Applicant /Sponsor Address: t e Sex Address /Location of Event: Local Contact Telephone Number: / . �.Z j�, Emergency 9 _?h Name of Event: C &j r ty t/e di e An` 0'y _r��, , fes'r.' ✓u _ Description of Event: i �i�r -t d,, ��►,� �,,, _�� s r, ,,,/ tl7 .__ Ore t c_ ' Q"'j Date(s) of Event: Qe c 17 _ / y ,AJ I e Time(s) of Event: � 1#Qa, Set -up /Tear down dates: (if needed): /, d /2.o t /, �; J� v _ Mu s'c F r 4-W Expected Attendance: Will admission be charged? (Vj Yes O No I Will outside live /recorded music or sound amplification be used? (1/S Yes - Hours? N o Will vendors be at the event? (� Yes ( ) No How many? V - If yes please check the following that apply: 1/ Food Alcoholic beverages _ J Soft drinks Arts /Crafts Other (specify) What equipment will be required /used'? Check all that apple. Water Electricit) Barricades ✓ Trash Cans (How Manv ?) .. - -- (How ManN- ?) Special Activity Rev, 6 -w, Which of the following will be used? �V Bannei Booth Temporary Tents / Fireworks /Pyrotechill'Cs Temporary Signs Canopy Amusement Rides Portable Restroonis (How Many ?) .2 ,? C _ Other (specify) The following shall accompany this application: V Plan submitted to reflect location and number of vendors, parking layout, and sanitary facilities. V A letter stating the applicant acknowledges that they are financially responsible for all additional services provided by the City which may include, but are not limited to the following: trash pick up, utilities, code enforcement, law enforcement, etc. The applicant shall post a bond or provide insurance in the amount of $200,000.00 to hold the City harmless of any and all liabilities. V Submittal of a listing of all property owners within 500 -feet (listing to include names and addresses of all owners and list shall be obtained from the Volusia County Property Appraisers Office). Provide list via e-mail to ulanningCa)citvofedp,ewater orQ in dbf format. Listing printed from the Property Appraisers website shall not be accepted. Type of organization: Non Profit Tax Exempt # ___ -- Charitable Name of Organization or ___....._. -- - -- For Profit Federal I.D. # 2-7- Tax ?" Individual SS 4 Special ALtivitY Rev: 6 -(�6 If you are requesting City assistance with. your event, please describe: w g � -- Road closures (list street name(s) and date(&) all streets closed for an event must be reopened within 30- minutes of the end of each day of the event. The applicant shall comply with all requirements contained in Section 21 -37 (Special Activity Permit Requirements) of the Land Development Code and Cliapter 10, Article III (Noise) of the City of Edgewater Code of Ordinances. If sound amplification is associated with this event I agree to monitor the sound level so that it remains within the limits of the City Code. If valid noise complaints are received, I agree to reduce that noise to a satisfactory level. I further understand that if reducing the noise does not control citizens' complaints, the source of the noise will be terminated. Signature of applicant: Date: _JL Special Acti vity Wv: 6_06 Close To the Edge LLC. PO Box 1045 Edgewater, Fl. 32170 August 27, 2010 Dear City of Edgewater: We, the proprietors of Close To the Edge, acknowledge that we are financially responsible for all additional services provided by the city which may include but are not limited to the following: trash pickup, utilities, code enforcement, law enforcement, etc. Sincerely, cert of Status I certify from the records of this office that CLOSE TO THE EDGE LLC, is a limited liability company organized under the laws of the State of Florida, filed electronically on August 03, 2010. The document number of this company is 1-10000080955. I further certify that said company has paid all fees due this office through December 31, 2010, and its status is active. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes and authenticated by the code noted below. Authentication Code: 100803091557 - 200183913242 #1 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Third day of August, 2010 J3 aim 3� o>be rt e *efretary of *tme 1]S INTERNAL REVENUE SERVICE TREASURY CE CINCINNATI OH 45999 -0023 Date of this notice: 08 -05 -2010 Employer Identification Number: 27- 3182664 Form: SS -4 CLOSE TO THE EDGE LLC Number of this notice: CP 575 B LARRY MILLER MBR PO BOX 1045 For assistance you may call us at: NEW SMYRNA, FL 32170 1- 800 - 829 -4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 27- 3182664. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. Based on the information received from you or your representative, you must file the following form(s) by the date(s) shown. Form 1065 04/15/2011 If you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year), see Publication 538, Accounting Periods and Methods. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS. If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004 -1, 2004 -1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note: Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information. P. limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1 -800 -829 -3676 (TTY /TDD 1- 800 - 829 -4059) or visit your local IRS office. wwv, - Department of State Home Contact Us E- Filing Services 00CLIMC-1 - It Searcl Page i of 2 1= 01 1-1 Previous _on_List Next on List Return To Lis No Events No Name History Detail by Entity Name Florida Limited Liability Compan CLOSE TO THE EDGE LLC Filina Information Document Number L10000080955 FEI /EIN Number NONE Date Filed 08/03/2010 State FL Status ACTIVE Principal Address 811 MARY AVENUE NEW SMYRNA BEACH FL 32168 Mailing Address P.O. BOX 1045 NEW SMYRNA BEACH FL 32170 Registered Agent Name & Address KENT, DAWN L 319 RUTLEDGE AVE APT A SOUTH DAYTONA FL 32119 US Manager /Member Detail Name & Address Title MGR MILLER, LARRY D 811 MARY AVENUE NEW SMYRNA BEACH FL 32168 Title MGRM MILLER, ROBERT E 811 MARY AVENUE NEW SMYRNA BEACH FL 32168 Title MGRM KENT, DAWN L 319 RUTLEDGE AVENUE APT A SOUTH DAYTONA FL 32119 Entity Nam ESul: http: / /uv, , \v.sunbiz.org/ scripts /cordet.exe? action= DI-TFIL &Iiiq doc iiuillbei'= LI000008095... 9/7/2010 ACORD CERTIFICATE OF LIA BILITY INSURANCE DATE/YYYY) 91223/203/20 10 PRODUCER Phone# 386 - 428 -6448 Jennings Insurance Agency P. O. Box 250 New Smyrna Beach, FL 32170 -0250 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OD' N TYPE POLICYNUMBER INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Burl 1ngton Ins CO c/o Bass REPRESENTATIVES. Close to the Edge Music & Art Festival LLC P.O. Box 1045 INSURER B: AUTHORIZED REPRESENT EACHOCCURRENCE New Smma Beach, FL 32170 INSURERC: ✓ I COMMERCIAL GENERAL LIABILITY INSURER D: PREMSES Eaoccurence INSURER E: MED EXP (Any one person) S 5,000 COVE ArFB THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OD' N TYPE POLICYNUMBER POLICY EFFECTIVE PDATE EXPIRATION LIMITS Edgewater, FL 32132 REPRESENTATIVES. GENERAL LIABILITY AUTHORIZED REPRESENT EACHOCCURRENCE $ 1,000,000 ✓ I COMMERCIAL GENERAL LIABILITY PREMSES Eaoccurence $ 100,000 MED EXP (Any one person) S 5,000 A CLAIMS MADE lil OCCUR APPGL 12/17/10 12/19/10 PERSONAL &ADV INJURY $ _1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS- COMP /OPAGG S Included ✓ POLICY PRO- LOC I AUTOMOBILE LIABILITY ANY AUTO I COMBINED SINGLE LIMIT (Ea accident) $ BODILYINJURY (Per person) $ ALLOWNEDAUTOS SCHEDULEDAUTOS I ( BODILY INJURY (Peraccident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Per accident) $ ( GARAGE LIABILITY AU TO ONLY -EA ACCIDENT S OTHERTHAN EAACC $ ANY AUTO $ AUTOONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGR $ OCCUR EI CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ W I IOTH- WORKERS COMPENSATION AND E.L. EACH ACCIDENT $ I EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT I S OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS !`CDTICIe'ATC unI nl=a !'ANICFI I ATI(]IJ ACORD 25 (2001/08) V ACUKU (;UKF VKA I RJ N IU" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Edgewater 10 Fax 386- 424 -2439 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN Occupational Licensing NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL P O Box 100 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Edgewater, FL 32132 REPRESENTATIVES. AUTHORIZED REPRESENT ACORD 25 (2001/08) V ACUKU (;UKF VKA I RJ N IU" OV wpook" < 70 ; 0 11 O 4 I , C7 W i 0 Z Z CA a 0 4 3 X2 z c a °� -a ® -W a Ec a Im cm a C/7 = C/7 r �--n a a , M i j w ( L - - - - - - - - - - - - I v : ..�... �. iumsij au q 3isnw i =1tlN1SIJ luu q 31snw CD D I a C I a I I�� Co � ' cim as a�i c I y C73 Cc CID CO3 CO F-.*. 00 CID U---a c� C co O7 "'�- � o, �' Cr3 Q. C= C� 00 C13 y n' r CIO Q.i COP3 C7 ; O C� N C . 3 r CIS f � I I , C7 W i 0 Z Z CA a 0 4 3 X2 z c a °� -a ® -W a Ec a Im cm a C/7 = C/7 r �--n a a , M i j w ( L - - - - - - - - - - - - I v : ..�... �. iumsij au q 3isnw i =1tlN1SIJ luu q 31snw -a . E s j U cz Q a] Ol "O na O d C/] I i C I o a' C° I _C13 a c fly C23 d i I c o `° m I L L,, c u iv C- CU CLI E CU � L w I CL) � C N m I v v L co I L c =3 p C. Cn I m:c _N N =2 a L y va C= a I o I 3 U cv C G cu cri cn ci [4 y � w u I I CO w I y N N CU C i m � y I �? Q CS C- U 0i C Ol I iv � E co I C S a cu o 0 o _ E2 - y Q I CV Cv c= I co V C7 '— I N I E _O "' o w I -a . E s j U cz Q a] Ol "O na O d C/] 3 Y Q I o I I o a' C• fly C23 d U o N w v I E o ::m to I CL) � C N I v v L co I N =3 p C. I cc O G N =2 CL3 L y va o I .`�° C cn CD En cri y � C:3% � I CO w I o co r N N d c c 1 I E cc .d U O O N L = 3 1 fl- N I 3 Y Q AGENDA REQUEST C.A. #2010 -112 Date: October 5, 2010 PUBLIC HEARING 10/18/2010 RESOLUTION 10/18/2010 ORDINANCE BOARD APPOINTMENT ITEM DESCRIPTION Resolution #2010 -R -18 — BACKGROUND CONSENT OTHER BUSINESS Joint support between the cities of Edgewater, New Smyrna Beach and Oak Hill for Bert Fish Medical Center remaining clinically and financially strong Bert Fish Medical Center has been providing medical services to the Southeast Volusia County region since its founding in 1954. Having a clinically and financially strong acute care hospital in our region that continues to provide a full array of healthcare services greatly enhances the health, safety and welfare of the citizens of Edgewater, New Smyrna Beach and Oak Hill. STAFF RECOMMENDATION Staff recommends that City Council approve the joint Resolution #2010 -R -18 between the cities of Edgewater, New Smyrna Beach and Oak Hill for Bert Fish Medical Center to remain clinically and financially strong. ACTION REQUESTED Motion to approve Resolution #2010 -R -18. FINANCIAL IMPACT (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE N/A Respectfully submitted, Trac T. Barlow y Manager YES NO YES NO X AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal RESOLUTION NO. 2010-R-18 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER AND CITY COMMISSION OF THE CITY OF NEW SMYRNA BEACH AND OAK HILL, FLORIDA, IN SUPPORT OF BERT FISH MEDICAL CENTER REMAINING CLINICALLY AND FINANCIALLY STRONG; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the Cities of Edgewater, New Smyrna Beach, and Oak Hill have a strong interest in the health, safety and welfare of their citizens; and WHEREAS, Bert Fish Medical Center is a not - for - profit acute care hospital that has been providing high quality medical services to the Southeast Volusia County region since its founding in 1954; and WHEREAS, having a clinically and financially strong acute care hospital in the Southeast Volusia County region that continues providing a full array of healthcare services, including surgery, radiology, cancer care, cardiac catheterization, wound care, emergency care, intensive care and other inpatient and outpatient clinical services greatly enhances the health, safety and welfare of the citizens of Edgewater, New Smyrna Beach and Oak Hill; and WHEREAS, in order to remain clinically and financially strong, Bert Fish Medical Center must have the ability to grow along with the population that it serves and continually adopt to new trends and developments in the healthcare industry, and WHEREAS, the City Council and City Commissioners of the Cities of Edgewater, New Smyrna Beach and Oak Hill believe it to be appropriate to recognize the value that Bert Fish Medical Center brings to the health safety and welfare of their respective citizenry, including those in need of charity care and to express their support of the efforts by Bert Fish Medical 1 #2010 -R -18 Center to ensure that it remains clinically and financially strong and is able to continue to grow and provide high quality medical services into the future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER AND CITY COMMISSIONERS OF THE CITIES OF NEW SMYRNA BEACH AND OAK HILL, FLORIDA AS FOLLOWS: A. The City Council and City Commissioners of the Cities of Edgewater, New Smyrna Beach and Oak Hill, for themselves and on behalf of their citizens, do hereby express their appreciation of the high quality medical services that Bert Fish Medical Center provides and their support of Bert Fish Medical Center's efforts to establish a partnership with a strong healthcare system that will ensure that Bert Fish Medical Center remains clinically and financially strong and is able to continue to grow and provide high quality medical services to the Southeast Volusia County region into the future. B. All resolutions or parts of resolutions in conflict herewith are hereby repealed. C. This resolution shall take effect upon adoption. After Motion to approve by with Second by the vote on this resolution held on October 18, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 2 #2010 -R -18 PASSED AND DULY ADOPTED this 18th day of October, 2010. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 18th day of October, 2010 under Agenda Item No. 8 #2010 -R -18 . DRAFT JOINT RESOLUTION OF THE CITIES OF EDGEWATER, NEW SMYRNA BEACH AND OAK HILL, FLORIDA IN SUPPORT OF BERT FISH MEDICAL CENTER REMAINING CLINICALLY AND FINANCIALLY STRONG WHEREAS, the Cities of Edgewater, New Smyrna Beach and Oak Hill have a strong interest in the health, safety and welfare of their citizens; and WHEREAS, Bert Fish Medical Center is a not - for - profit acute care hospital that has been providing high quality medical services to the Southeast Volusia County region since its founding in 1954; and WHEREAS, having a clinically and financially strong acute care hospital in the Southeast Volusia County region that pfovides continues providing a full array of healthcare services, including surgery, radiology, cancer care, cardiac catheterization, wound care, emergency care, intensive care and other inpatient and outpatient clinical services greatly enhances the health, safety and welfare of the citizens of Edgewater, New Smyrna Beach and Oak Hill; and WHEREAS, in order to remain clinically and financially strong, Bert Fish Medical Center must have the ability to grow along with the population that it serves and continually adapt to new trends and developments in the healthcare industry; and WHEREAS, the Board -e€ City Commissioners and Councils of the Cities of Edgewater, New Smyrna Beach and Oak Hill believe it to be appropriate to recognize the value that Bert Fish Medical Center brings to the health safety and welfare of their respective citizenry, including those in need of charity care, and to express their support of the efforts by Bert Fish Medical Center to ensure that it remains clinically and financially strong and is able to continue to grow and provide high quality medical services into the future. NOW, THEREFORE, BE IT RESOLVED, that the Board ef Commissioners and Councils of the Cities of Edgewater, New Smyrna Beach and Oak Hill, for themselves and on behalf of their citizens, do hereby express their appreciation of the high quality medical services that Bert Fish Medical Center provides and their support of Bert Fish Medical Center's efforts to establish a partnership with a strong healthcare system that will ensure that Bert Fish Medical Center remains clinically and financially strong and is able to continue to grow and provide high quality medical services to the Southeast Volusia County region into the future. ADOPTED this day of October, 2010, by the Bear-d-e€ Ck Commissioners and Councils of the Cities of Edgewater, New Smyrna Beach and Oak Hill. By: Name: Mayor of the City of Edgewater By: Name: Mayor of the City of New Smyrna Beach By: Name: Mayor of the City of Oak Hill AGENDA REQUEST GEP- 2010 -01 Date: October 4, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT October 18, 2010 CONSENT OTHER BUSINESS ITEM DESCRIPTION Reappointment of three (3) members to the General Employees' Pension Board BACKGROUND At the September 13, 2010 General Employees' Pension Board meeting, the Board discussed the terms of PEA appointee Tyna Lynn Hilton and City appointees John McKinney and Brenda Dewees will end on November 5, 2010 and have requested reappointment. STAFF RECOMMENDATION Staff recommends the City Council approve the reappointments of Tyna Lynn Hilton by the PEA and John McKinney and Brenda Dewees by the City Manager to a three -year term, expiring November 5, 2013. ACTION REOUESTED Motion to reappoint Tyna Lynn Hilton representing the PEA, John McKinney from the Finance Department, and Brenda Dewees representing the Department Directors to the General Employees' Pension Board to a three -year term, expiring on November 5, 2013. FINANCIAL IMPACT (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: Respectfully submitte i Donna M. Looney Personnel Director YES NO X YES NO X AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal race . Barlow Cit anager D Looney From: Mike Scudiero [mscudiero @cfpba.us] Sent: Tuesday, October 05, 2010 9:00 AM To: D Looney; T Hilton Subject: RE: General Employees' Pension Board reappointment Donna /Tyna —Not sure if you need something more formal, but please allow me to confirm that it is the request of the PEA to have Tyna represent us on the General Employees Pension board. If you need anything else, please let me know. Mike Scudiero Political /Communications Director Coastal Florida Police Benevolent Association 1166 Pelican Bay Dr. Daytona Beach, FL 32119 (386) 304 -2393 .._......_. — From: D Looney [ mailto :dlooney @CITYOFEDGEWATER.ORG] Sent: Monday, October 04, 2010 6:05 PM To: T Hilton Cc: Mike Scudiero Subject: General Employees' Pension Board reappointment Good Morning Tyna Lynn, I am preparing a agenda request for the October 18 council meeting reappointing the General Employees' Pension Board members whose term expire November 5, 2010. I know you spoke to Mike regarding your reappointment but I have not received anything from the PEA stating you have been reappointed as the rep. If you could get Mike to send something (email would be fine) as soon as possible that would be greatly appreciated. I have to get this to Bonnie this week. Thanks. Donna Looney Personnel Director City of Edgewater Phone (386) 424 -2400, ext. 1701 Fax (386) 424 -2474 Notice: Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public- records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. D Loone From: TT Barlow Sent: Thursday, September 16, 2010 8:24 PM To: D Looney Subject: FW: General Employees' Trustees' Terms Follow Up Flag: Follow up Flag Status: Flagged Donna, Can you do an agenda request for the October meeting for the reappointment of Brenda and John. Remind me to discuss with you whatever procedures we need to effect for the P1 �'A appointment. Tracey From: shutch9750 @aol.com [mailto:shutch9750 @aol.com] Sent: Thursday, September 16, 2010 11:32 AM To: TT Barlow Cc: Tim Sopko; John McKinney; B Laramore; brackinfl @bellsouth.net; Brenda DeWees; T Hilton; District2; gbennington @cfl.rr.com Subject: General Employees' Trustees' Terms Dear Mr. Barlow: At the General Employees' Pension meeting on Sept. 13, I reported that the terms of PEA appointee Tyna Hilton and City appointees John McKinney and Brenda Dewees will end on November 5, 2010. Ms. Dewees wishes to be reappointed; Mr. McKinney will meet with you to discuss his service on the Board; and I request that you and Ms. Hilton advise me when the PEA appointment is processed. On behalf of the Board, we respectfully request that the trustee slots be reappointed in a time frame that ensures a fully staffed Board as we are involved in very critical issues with Principal at this time. Thank you and please let me know if you have any questions. Sheila Hutcheson Pension Plan Administrator 3860 Grantline Road Mims, FL 32754 321 - 267 -3082 321 - 267 -4728 (facsimile) sh utch 9750Ca)-ao I. com AGENDA REQUEST POP - 2010 -01 Date: October 4, 2010 PUBLIC HEARING RESOLUTION BOARD APPOINTMENT October 18, 2010 CONSENT ORDINANCE OTHER BUSINESS ITEM DESCRIPTION City Council's appointment to the Police Officers' Pension Board of Trustees. BACKGROUND The City of Edgewater has a resident representative, appointed by the City Council, on the Police Officers' Pension Board of Trustees, as outlined in F.S. 185. Kevin Seymour's term ends on October 6, 2010 and has not requested reappointment. STAFF RECOMMENDATION Staff recommends the City Council appoint a new member to a two -year term on the Board, expiring October 6, 2012. ACTION REQUESTED Motion to appoint a new member to a two -year term on the Police Officers' Pension Board of Trustees, expiring on October 6, 2012. FINANCIAL IMPACT (Finance Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: Respectfully submitted, Donna M. Looney Personnel Director " YES NO X YES NO X AGENDA ITEM # Concurrence: /J � -rf t Robin L. Matusick Paralegal F ace y arlow ity anager EDGE WATER ADVISORY BOARD - VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY _X POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING & ZONING* ?C FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION / Name V !0c o J_. ! /c �AcJl Address 7C) X 7 Home Phon S t��, - �{�� Business /Cell Phone ? ( - K -� -/7f- 910F Occupation Are you a resident of Edgewater *1 how long S' s Is your principal place of employment in Edgewater At the present time, do you serve on any other City Boards or Commissions # if yes, please list each Have you ever served on any Boards, agencies or committees 1 IE; if yes, please list each REFERENCES - Please list three business and /or personal OWK , address and Name, address and phone Name, address and phone 4 C/ Voctu t 4 4 r- Z --f e k -3'177 T6'-%) 3C'd' 0 /3�, 1I1'a12 e ^ ct EDUCATION High School College C (�' A/ Degree(s) ho `> WORK EXPERIENCE 'y !JR6 f" cyzRG g j y INTEREST /ACTIVITIES (- v2cN c Yc COMMUNITY INVOLVEMENT WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR a��E A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time 91 Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.U. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2 11 a s � e un R io u AGENDA REQUEST Date: October 6, 2010 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT 10/18/10 CONSENT BUSINESS ITEM DESCRIPTION: Deborah Harrison of the Firefighters' Pension Fund Board would like to request for appointment re- elected via ballots by their fellow firefighters. BACKGROUND: Deborah Harrison currently holds a position appointed by Council. Membership of the Firefighters' Pension Board consists of five (5) members; two voted by the membership two appointed by Council, and one appointed by the other four (4) Board members. STAFF RECOMMENDATION: The Firefighters' Pension Fund Board recommends Deborah Harrison be reappointed for another two -year term on the Board. ACTION REQUESTED: Motion to reappoint Deborah Harrison to the Firefighters' Pension Fund Board for two -year term. FINANCIAL IMPACT: (FINANCE DIRECTOR (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: N/A Ve lly sub fitted, Shontella Jac n, Board Coordinator Firemen's Pe ion Board YES NO X AGENDA ITEM NO.: Robin Matusick Paralegal ,; � A L_ Tracey Barlow City Manager Agenda.request. form.rev.2/ 16/2000 September 6,2010 To Whom it May Concern, I have been serving on the Edgewater Firefighter's Pension Board for the last 2 years and I am learning much. With your permission, I would like to serve another 2 year term to end in August 2012. Thank You, Deborah Harrison 2615 Silver Palm Drive Edgewater, Fl 32141 RECEIVED SEP 0 9 2010 Edgewater Fire RescuF AGENDA REQUEST ZAA -1002 Date: October 7, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS October 18.2010 ITEM DESCRIPTION Robert Gazzoli, agent for Seaedge Partners LLC, is requesting an amendment and restatement of the existing Planned Unit Development (PUD) Agreement for the Edgewater Lakes development. LOCATION: West of US Highway 1, south of Florida Shores AREA: 197.11 ±acres (proposed area reduction to 174 ±acres) CURRENT LAND USE: Single family residential and vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: RPUD (Residential Planned Unit Development) VOTING DISTRICT: 3 SURROUNDING AREA: Background: The original PUD Agreement for this property was executed in August 2001. The PUD Agreement was previously amended at the request of the developer in February 2004 and on December 8, 2008. The main premise of this amendment request is to exclude the 20 acre commercial tract at the southwest corner of the U.S. 1 intersection and Edgewater Lakes Boulevard intersection from the agreement, since Seaedge Partners no longer have interest in the property. Land Use Compatibility: The proposed residential subdivision is compatible with the surrounding residential areas as well as the RPUD designation. Current Land Use FLUMDesi nation Zoning District North Single Family Volusia County Urban Low Volusia County A -3 (Transitional Residential Intensity Agricultural East Vacant Commercial B -3 (Highway Commercial South Vacant Public /Semi Public, Volusia Public Semi - Public and Volusia County Industrial and County A -3 (Transitional Volusia County Urban Low Agriculture) and I -1 (Light Intensity Industrial West Vacant Low Density Residential RPUD (Residential Planned Unit Development) Background: The original PUD Agreement for this property was executed in August 2001. The PUD Agreement was previously amended at the request of the developer in February 2004 and on December 8, 2008. The main premise of this amendment request is to exclude the 20 acre commercial tract at the southwest corner of the U.S. 1 intersection and Edgewater Lakes Boulevard intersection from the agreement, since Seaedge Partners no longer have interest in the property. Land Use Compatibility: The proposed residential subdivision is compatible with the surrounding residential areas as well as the RPUD designation. Adequate Public Facilities: The developer has installed all required infrastructure; this includes but is not limited to water, sewer, and streets. Sidewalks shall be constructed as each house is built and FPL shall install streetlights and shall be maintained by the Homeowners Association. Other Matters: A Homeowners Association has been established and will maintain all common areas of the development. STAFF RECOMMENDATION Staff recommends approval of the third amended and restated Planned Unit Development (PUD) Agreement for the Edgewater Lakes Subdivision. ACTION REQUESTED Motion to approve the third amended and restated Planned Unit Development (PUD) Agreement for the Edgewater Lakes Subdivision. FINANCIAL IMPACT :(Finanee Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO YES NO X If so, DATE: Respectfully submitted, Darl`en Lear ► S er Development vices Director AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal Tracey T. Barlow City Manager THIS INSTRUMENT PREPARED BY: City of Edgewater AFTER RECORDING RETURN TO: Robin L. Matusick, Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132 -0100 SECOND THIRD AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT EDGEWATER LAKES SUBDIVISION THIS THIRD AMENDED- AND RESTATED PUD AGREEMENT is made and entered into this _ day of , 209910 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City ") and SEAEDGE PARTNERS, L.L.C., a Limited Liability Company, with Robert Gazzoli (President of Managing Member, SeaEdge Investments, Inc.) as the authorized agent and whose address is 185 Cypress Point Parkway, Suite 7, Palm Coast, Florida 32164 (hereinafter referred to as "Developer "). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. Development (PUD) Agreement deAedNevefnber- 1 7 7 in OR Book 1 1 f femain in full f r°° and eff et. The parties entered into an original Planned Unit Development (PUD) Agreement dated February 19, 2004, and recorded on February 23 2004 in OR Book 5264, Pages 621 through 642 of the Public Records of Volusia County, Florida. The original Planned Unit Development Agreement was amended in part by the Second Amended Planned (Agreement/Zoning - Edgewater Lakes Subdivision) I Unit Development (PUD) Agreement dated December 8 2008 and recorded on July 29 2009 in OR Book 6380, Pages 1010 through 1019 of the Public Records of Volusia County Florida This Third Amended and Restated Planned Unit Development (PUD) Agreement incorporates additional amendments and restates the remaining_ provisions of the prior agreement in their entirety. This Amendment is not intended to alter or affect the vested rights determination made by the City as set forth in correspondence from the City Manager dated December 5, 2007. 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 approximately 197. 174 acres located west of U.S. Highway #1, south of Florida Shores and East Winds Subdivision in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" — Legal Description. The Record owner of the subject property is SeaEdge Partners, LLC •tea authorized Thenias '"Tim" E. 14ow-ar-d as theif authorized agent. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of Edgewater Lakes, Phase I as defined by the Master Plan on inally prepared by Parker Mychenberg and dated November 11, 2003 " inelude herein), within one (1) year of receiving required permit approvals for this project or within eighteen (18) months of the of etive date of this ^ gr-ee a original Planned Unit Development Agreement dated February 19 2004 whichever is greater, and shall develop in accordance with the amended Master Plan (Exhibit "B" included herein). Developer's failure to initiate construction within the time frame identified herein may result in the City's termination of the Agreement. The City, at its sole option, may extend the duration of this Agreement. This development must be consistent with the Master Plan and must be approved by City Council prior to commencement of any authorized work. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements, including landscaping, signage and pavement marking. (Agreement/Zoning - Edgewater Lakes Subdivision) 2 3. DEVELOPMENT USES PERMITTED i .,,odifi °a 4, "ow The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's - Land Development Code applicable to this Agreement and development procedures. Final project approval may be subject to change based upon final environmental, permitting, and planning considerations. The Developer further agrees that all development will be consistent with the Edgewater Lakes Master Plan (Exhibit "B ") with the Subdivision being developed in multiple phases, described as follows: Phase I - Will consist of up to 328 single family residential units and up to 265,000 39,200 square feet of commercial development. Phase I is further defined as follows: Phase IA 50' wide lots = 62 60' wide lots = 19 70' wide lots = 16 Total = 97 Phase IC 50' wide lots = 50 60' wide lots = 21 80' wide lots= 26 Total = 97 Phase IB 50' wide lots = 24 60' wide lots = 49 Total = 73 Phase 1D 70' wide lots = 28 80' wide lots = 33 Total = 61 Phase II - To be considered at a later date. No development approvals or entitlements are authorized by City Council. Further, no commitment is made regarding development of a golf course. All future development relating to the same will be continued as a function of Phase II. On March 3, 2008, the City Council of the (Agreement/Zoning - Edgewater Lakes Subdivision) 3 City f Edgewater determined the Developer to have vested rights as applied to Phase II of this project Accordingly, the rules regulations, policies and provisions of the Land Development Code in place on or about February 19 2004 shall apply. Any and all rights granted to the Developer shall remain in place so long as this Agreement shall remain in full force and effect and shall lapse in the event this Agreement is terminated or revoked as provided for herein. Golf Course - No Commitment due to this Agreement relating to Phase I only. A. Average Lot Size/Unit Count Lots contained in Phase I are further described as follows: Phase I - Minimum lot widths 136 lots at 50' 89 lots at 60' 44 lots at 70' 59 lots at 80' Based on the Final Subdivision Plan approval, the total number of units may vary but the maximum residential units allowed for the Edgewater Lakes Subdivision (Phase I) shall not exceed 2.0 dwelling units per total acreage. Acreage is 174.87 172.17 low density residential: and 22.24 1.8 commercial totaling 197.11 acres more or less No lot will exceed a maximum building coverage of fifty percent (50 %) with a maximum impervious coverage of sixty -five percent (65 %) per lot. B. Minimum House Square Footage The minimum gross house square footage shall be at least 1,200 square feet living area. The building height shall not to exceed twenty -six feet (26'). In addition, each house will have a minimum of a two (2) car enclosed garage. No carports will be allowed. C. Minimum Yard Setbacks 50' and 60' Lots 70' and 80' Lots (Agreement/Zoning - Edgewater Lakes Subdivision) 4 Front - 25' Same Rear - 15' Same Side - 5' Side - 7.5' Side Corner - 15' Same Maximum Height - 26' Same Utility /Access Easements - 10' front, 5' sides Same Wetlands - 25' Same Swimming Pools - Rear - 7.5' to pool deck edge Same Side - 5' With the exceptions of Lots 20 -40 (Phase IA) and Lots 192 -241 (Phase 1C) which shall have a Front setback of 20' D. Commercial The property shall include approximately (20±)—L8 acres designated for highway commercial use with up to 265,000 39,200 square feet of gross leaseable area for Phases I. The highway commercial uses (B -3) and design criteria are described in Section 21 -33.05 (Table III - 3) of the City's euffent - applicable Land Development Code which are attached hereto and incorporated herein as Exhibit "C" — Permitted Uses. E. Roads There shall be one access road entrance (Edgewater Lakes Boulevard) permitted from US Highway #1 to service the subdivision with a minimum right -of -way width of one hundred (100) feet for a distance of two hundred (200) feet. The remaining segment of Edgewater Lakes Boulevard shall have a right -of -way width of sixty feet (60') to Volco Road. All other internal right -of -way widths shall be a minimum of fifty feet (50'). F. Retention Pond(s) The Retention Pond(s) will meet the requirements of the St. Johns River Water Management District and the City. The pond(s) are approximately 21.45 acres and will be owned and maintained by the Homeowners Association. (Agreement/Zoning - Edgewater Lakes Subdivision) 5 G. Signag_e Signage for the subdivision will be located along the main entrance road designated in Tract "A" (not within public right -of -way) to the subdivision and must meet all requirements of the Land Development Code. A written easement dedicated to the HOA must be obtained for the location of the sign. H. Trees There shall be a minimum of four (4) trees per each residential building lot. Said trees shall be 2 t /2 in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "D" - Trees. A tree count shall be provided prior to construction plan approval. Each lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree count and tree survey shall be to determine the number of specimen and historic trees and to determine the tree mitigation requirements. I. Irrigation Common areas and the entrance medians exceeding 10,000 square feet will be irrigated by wells or from a surface water system upon proper permitting and approval. Shallow wells will be the recommended source of irrigation for individual residential units. J. Air Conditioning Units All lots less than sixty feet (60') in width shall have air conditioning units and pads located adjacent to the neighboring garage. K. Declaration of Covenants, Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and By -Laws for the Homeowners Association will be recorded in the public records of Volusia County at the time the final plat for Edgewater Lakes is recorded. L. Landscaping and irrigation plans must be submitted with final construction plans. M. Traffic calming devices shall be installed in four (4) locations within the subdivision. N. A buffer between vacant or improved residential lots and commercial tracts shall be constructed pursuant to the current Land Development Code. 4. FUTURE LAND USE AND ZONING DESIGNATION (Agreement/Zoning - Edgewater Lakes Subdivision) 6 Two separate tracts of the property were annexed into the City on April 2, 2001 and July 2, 2001. The existing future land use designations for these tracts are Low Density Residential, C.efn memi ', Conservation and Conservation Overlay. The City anticipates the adoption of a small -scale Future Land Use Map amendment to occur on a 1.8 acre tract of land along U.S. 1 in the future. _ The authorized zoning is RPUD. The City of Edgewater's permitted uses for the RPUD classification is applicable to the development of the property and consistent with the Comprehensive Plan/Future Land Use Map amendments proposed by the City. 5. PUBLIC FACILITIES A. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable system at the intersection of 35 Street/Volco Road and along US Highway #1 to ensure a "looped" system is effected. All water main distribution system improvements shall be installed by the Developer, conveyed by Bill of Sale, in a term acceptable to the City, and dedicated to the City prior to or at the time of platting. Developer may desire to enter into an infrastructure agreement to facilitate the installation of off- site water system improvements. B. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. Wastewater treatment capacity will be provided by the Volusia County wastewater facility (southeast) in accordance with the City /County Interlocal Agreement. Off - site wastewater connection is proposed along US Highway #1 south of the property at the County's master lift station near the Hacienda del Rio residential area. All wastewater collection and transmission system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. Developer may desire to enter into an infrastructure agreement to facilitate the installation of off -site wastewater collection/transmission system improvements. C. The City has determined that reclaimed water is unavailable and will not be available in the foreseeable future. Therefore, there is no City requirement to install any reclaimed piping. A shallow well, if permitted by the water management district, may be used to augment the irrigation source of the stormwater ponds. (Agreement/Zoning - Edgewater Lakes Subdivision) 7 D. Developer agrees to provide, at no cost to the �� ( i_t , all required current and future utility easements (on and off site) for drainage and utility service consistent with this provision. E. All electrical services will be underground. F. Interior Roadway improvements and all associated right -of -ways shall be dedicated to the City at the time of final plat approval. G. Off -site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, signalization) required by Volusia County (Volco Road), Florida Department of Transportation (US Highway #1), and the City to enable project approval based on transportation requirements are the developer's responsibility and shall meet all City, County and/or State requirements and approval. H. Impact fees for each dwelling unit will be paid in accordance with the following schedule: Water — Pay 10% of the applicable impact fees to the City at the time permit application is signed by the City, thereby reserving requisite water capacity. Sewer — Pay 10% of the applicable impact fees to the City at the time permit application is signed by the City, thereby reserving requisite sewer capacity. Police, Fire, Recreation — Paid to City by applicant at the time of Building Permit application. City Road Impact Fee - Paid to City by applicant at the time of Building Permit Application. Volusia County Impact fees for Roads and Schools — Paid at City Hall by applicant to include, but not be limited to, local road impact fee, County road impact fee, prior to a Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of building permit application. I. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. J. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. (Agreement/Zoning - Edgewater Lakes Subdivision) 8 K. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Edgewater Lakes development approval and the construction of required infrastructure improvements and the review and approval of the final plat. L. The developer shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system. 4. Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department Of Transportation (FDOT) standards. 5. Developer is responsible for the costs of recording the plat upon approval by the City of Edgewater. 6. Bonds - Consistent with the requirements contained in the current Land Development Code will be complied with and supplied to the City. 7. Sidewalks shall be constructed prior to issuance of a Certificate of Occupancy on each building lot. There shall be a six foot (6) sidewalk/bikepath on one side of Edgewater Lakes Boulevard; five foot (5') sidewalks shall be installed on one (1) side of all cul -de -sacs streets; and five foot (5') sidewalks shall be provided/installed on both sides of all internal looped streets. Developer shall provide a bond or surety in a form acceptable to the City in the amount of $10.00 per lineal foot for two (2) years. If sidewalks are not completed within two (2) years, the developer will install the remaining sidewalks. Or, upon review and approval at the City's sole discretion, City may allow the developer to extend the sidewalk bond for an additional two (2) year term. 8. Streetlights shall be maintained by the Homeowners Association and be installed by the Developer at time of infrastructure M. Recreational Facilities (Agreement/Zoning - Edgewater Lakes Subdivision) 9 The developer agrees to provide a passive park containing at least five (5) acres located near the intersection of Volco Road and Edgewater Lakes Boulevard. An additional recreational area/park that will include a gazebo and walking path located pursuant to the Master Plan (Exhibit "B "). A Community Recreation Area with community pool shall be constructed in the location depicted on the Master Plan dated December 8, 2008 (Exhibit A"B" hereto), as well as a Community Recreational Boat/Trailer Storage Facility adjacent to the FEC Railroad for the residents of Edgewater Lakes. The foregoing shall be transferred to the Edgewater Lakes Homeowners Association. All recreational areas shall be deemed as common areas and shall be maintained by the HOA. 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code. 7. DEDICATION OF LAND FOR PUBLIC PURPOSES The Developer shall convey to the City of Edgewater, by warranty deed and title insurance free and clear of all liens and encumbrances, all roadway right of ways and all utility easements as required. Developer shall also convey that parcel of land designated in the attached Exhibit "E" — 35 Street Tract, attached hereto and incorporated herein, for the purposes of public ingress and egress to Volco Road. Additionally, the Developer shall convey to the City the necessary land equidistant on both easterly and westerly sides of Volco Road to provide a total right -of -way of one hundred and twenty feet (120') through the property said land being attached hereto and incorporated herein as Exhibit "F" — Right -of -Way Parcel. All right -of- way conveyances shall occur at the earlier of (i) the time of platting of Phase I, or (ii) within thirty (30) days of a request by the City. 8. PERMITS REQUIRED (Agreement/Zoning - Edgewater Lakes Subdivision) 10 The Developer will obtain the required development permits or letters of exemption. Permits may include but not be limited to the following: 1. Florida Department of Transportation, Department of Environmental Protection, Department of Health, St. Johns River Water Management District, Army Corps of Engineers, and Florida Fish and Wildlife Conservation Commission. 2. City of Edgewater — Rezoning, Subdivision Plat approval, Subdivision Construction Plan approval, all applicable clearing, removal, construction and building permits. 3. This site may require a Volusia County Environmental Permit. 4. 100 year flood elevation for this site varies depending on the different pond systems. The 100 year peak stage minimum finished floor elevation ( "FFE ") is provided in the table listed below: Basin 100 Yr/Flood Elevation FFE min A 15.49 No structures B 14.96 17.4 C 16.42 17.5 D 15.68 17.6 E 15.49 17.1 F 15.47 18.0 G 14.82 17.6 H 14.70 17.5 I 15.46 17.3 J 15.32 17.8 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 restrictions, and any matter or thing required to be done under the existing (Agreement/Zoning - Edgewater Lakes Subdivision) I I ordinances of the City. Existing ordinances 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, or as expressly provided for in this Agreement. Developer shall establish a mandatory Homeowner's Association (HOA) for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of the stormwater areas, retention areas, all common areas and any designated easement areas within the Edgewater Lakes Subdivision, common area tracts as depicted on the plat. The HOA documents, including applicable articles of incorporation, covenants and restrictions and by -laws shall be reviewed and approved by the City prior to final plat approval. 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 12. PERFORMANCE GUARANTIES During the term of this Agreement regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. (Agreement/Zoning - Edgewater Lakes Subdivision) 12 13. BINDING EFFECT The provisions of this Agreement, including any and all supplemental amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interst and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Developer. 15. PERIODIC REVIEW The t , \- ( i i \ shall review the development subject to this Agreement every 12 months, commencing 12- months after the date of this 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. 16. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 18. AGREEMENT /AMENDMENT (Agreement/Zoning - Edgewater Lakes Subdivision) 13 This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understanding, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 19. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 23. CAPTIONS (Agreement/Zoning - Edgewater Lakes Subdivision) 14 Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. Approval of the City Council to enter into this Agreement was made by Council on the ATTEST: day of , 200310. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Bonnie Wenzel, City Clerk By: Michael L. Thomas, Mayor Robin L. Matusick Legal Assistant/Paralegal (Agreement/Zoning - Edgewater Lakes Subdivision) 15 Witnessed by: Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA EDGEWATER LAKES SUBDIVISION SEAEDGE PARTNERS, LLC Robert Gazzoli, President of SeaEdge Investments, Inc., Managing Member of SeaEdge Partners, LLC The foregoing instrument was acknowledged before my on this day of ?�44- 11 i, by ROBERT GAZZOLI, who has authority to execute this document on behalf of SEAEDGE PARTNERS, L.L.C., and who has produced as identification and who did (did not) take an oath. Notary Public Stamp /Seal: (Agreement/Zoning - Edgewater Lakes Subdivision) 16 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. That portion of the following described property as lies easterly of the Florida East Coast Railroad right -of -way: The following described real property all lying and being in the County of Volusia and State of Florida. That part of Section 48, Township 18 South, Range 34 East, being part of the Jane Murray Grant, lying Westerly of U. S. No. 1 Highway as now laid out. (NOTE: The "Jane Murray Grant" in its entirety, consists of solely of all of Sections 48 and 49 of Township 18 South, Range 34 East, as clarified by Final Decree of the Circuit Court, Seventh Judicial Circuit, Volusia County, Florida, filed December 5, 1916, at Minute Book 9, Page 116.) Excepting therefrom, a parcel of land described as follows: Begin at the intersection of the West line of U. S. No. 1 Highway and the North line of said Murray Grant; thence along said Murray Grant S 68 Degrees 31'56" W 1005.8 feet; thence S 22 Degrees 49'26" E 1732.2 feet; thence N 68 Degrees 31'56" E 1005.8 feet to the West Right -of -Way of U. S. No. 1 Highway; thence along said West Right -of -Way N 22 Degrees 49'26" W 1732.3 feet to the Point of Beginning, Containing 40 acres more or less. And excepting therefrom, that portion of the South '/2 of the North 52.465 Chains of the East 8 Chains of Section 48, Township 18 South, Range 34 East lying Westerly of said U. S. No. 1 Highway; the West line of this exception being clarified by Final Decree of the Circuit court, Seventh Judicial Circuit, Volusia County, Florida, filed July 25, 1945, at Chancery Order Book 94, Page 516 as opposed to the undefinable West line of that certain metes and bounds description found in that same Final Decree. And excepting therefrom the Florida East Coast Railway, a 100 foot Right -of -Way. And excepting therefrom the Volco Road Right -of -Way as may be claimed by Volusia County, Florida. U. S. Lot 2, Section 14, Township 18 South, Range 34 East excepting therefrom the East 330 feet of the West 660 feet of the North 660 feet and excepting therefrom the Volco Road Right - of -Way as may be claimed by Volusia County, Florida. U. S. Lots 3 and 4, Section 14, Township 18 South Range 34 East. Together with: (Agreement/Zoning - Edgewater Lakes Subdivision) 17 A portion of U. S. Lots 2 and 3, Section 13, Township 18 South, Range 34 East lying Westerly of U. S. Highway No. 1 and being more particularly described as follows: As a point of reference Commence at the Northwest corner of U. S. Lot 2, Section 13, Township 18 South, Range 34 East; thence North 68 °38'36" East along the North line of said U. S. Lot 2, a distance of 154.08 feet for the Point of Beginning; thence continue North 68 °38'36" East, a distance of 1337.62 feet to a point, said point being 77.00 feet Westerly of and measured at right angles to the survey line of State Road No. 5, Section 7901, also known as U. S. Highway No. 1 per Official Records 128, Page 278 of the Public Records of Volusia County, Florida; thence South 22 °57'44" East along a line that is 77.00 feet Westerly of and parallel to said survey line, a distance of 1591.18 feet to the South line of said U. S. Lot 3; thence South 87 °35'58" West along the South line of said U. S. Lots 2 and 3, a distance of 753.06 feet; thence North 57 °44'13" West, a distance of 283.75 feet; thence North 25 °6'23" West, a distance of 164.34 feet; thence South 83 °50'50" West, a distance of 505.89 feet; thence North 14 °10'55" West, a distance of 387.50 feet; thence North 28 °02'31" West, a distance of 439.35 feet to the Point of Beginning. Containing 37.71 acres more or less. Less and except the property described in Exhibit A of the Special Warranty Deed recorded in Official Records Book 5481, Page 444- -7 1144, Public Records of Volusia County, Florida. Containing 23.137 acres more or less. Subject Property Containing a Total of 197.11 173.97 acres more or less. (Agreement/Zoning - Edgewater Lakes Subdivision) 18 EXHIBIT "B" MASTER PLAN (Agreement/Zoning - Edgewater Lakes Subdivision) 19 � / I I� �► II I I I I I � I ► � I y F , , I I I H1a0N I I m � \ 01 I: � 'o - 1 n r � I I( 1 I I 1 �F�l II I I I I 1 1 / e 1 I 11 I I I► 1 _ / c � � I•I I I 11 I I 5 / E fill Ar cn D y m m cn z- l � i _ , I ► Z Z x I \ - 3 1 1 1 I p,n Z � i + - - 1 -- p 1 I `� n IV N IM O 1 O i i ,- �1 �'� cn 1 I f 1 � g i( 1 _a I- -- I l '� � ► m ,0 8 g &tS ss � a s � 5 - ° I , 1 \ - Y" I �•' t g� � F O m m L' I� o o a �► J � ggg I�OI 9atNa ZI r m I 1 o \ � 1 n W o M H w�WH a W Q r� W U U Q A z Q U_ z O H A z 0 U G A W H W a U U U V U U U U U U U U U U V a 0, D U U U U U u U U V V U V U U U o U U U U a N a U a U a o. a. Q a. Q a. V U V a o. c. M- a a. a. U n o. 0 0 Q U Q U U a o. a. A 7 a V V U U U U U U U U C..) U U U C..0 m m U a. U U Q a n m a U a a a a a U o. a. a U a. a. a. N S U a i ILI U n U U 0 a U a. V U a. U u z a. � a. a. a � U n. n. N a U U u U Q i L } r N E3 E3 M W F to NO f c C7 F� U H A z z O 0 U E 0 Q 't7 C� 1-� M O > FBI G a O U w a O w U U M Q �z � I �1 Q �U H d z 0 H A z O U G A w H H W w a In 0 M M N z H U w Q� b Q U C], O N a� Q -b M O v� > N MM U U V U U U U V U U V U U U U U U U U V U U U U U U U V U U a a A u V u V V V V U U U V u u u U a s a a a a a a U U a a U U U U a s a U a U U U a as U A R U U U U U U C-) U U U U U U U U U V U U m lu an d a V a U d U U U U m a. a s aL a s a a U aL a a U a a a. a a. a m a s a U a a a ( a 0. 0. G. 0. a N x U a. V V V U ~ U U U U U a U U U d V V V U V U U o V V a a U U M o U U V 0. U U a U u u u U u C7 a a- U U F U Q � x 8 v - v Q� b Q U C], O N a� Q -b M O v� > N MM 'O i.+ C O U W E Q a O CAD w U U M Q �z a U da O A z O U �n 0 M M N z O H U w QI A W H E� W a U U U V U u V U U U Q U U U U U U czt U V U V V U Q U U U U U U a a Q U V 0 a V u u u u ¢ u u u u U U U U U n U U a u Q U a U a a a a u a U V o Q V U a U a n a D a U U U U U Q U V V U U U u u u m m U ¢ u Q Q U CU V a U m a s a a u ¢ a a a a U a U u o a c n U ¢ c V U a s a a s N S Q a Q Q Q u¢ a u S¢ n ¢ a c U a U U U 0 a U U U U U U U U U ¢ U V U U U U a N x a a a ¢ a a F z a a ¢ o u u a u u U U V V 2 n n a ¢ n U a a U F m o a� ai I v v I v v Q v v N > C2 4 9 > N Y L C L O U > = � .c O U .0 O v M o v 3 F- U C7 z 0 N O U a� O N O Q 'L7 M O W TABLE III -3 FOOTNOTES The Sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria and Article VI — Signs. 1. See Satellite Dishes, Section 21 -36.04 — Dishes greater than 39 centimeters in diameter are required to obtain a building permit and otherwise conform to the site development criteria. 2. See Telecommunications, Article XII for details. 3. See Bed & Breakfast, Section 21 -34.12 for details. 4. See Kennels /Boarding, Section 21 -34.09 for details. 5. See Mini - Warehouses, Section 21 -34.11 for details. 6. See Nursing Homes, Section 21 -34.13 for details. 7. See Outdoor Storage, Section 21 -34.04 and 21 -34.02 for details. 8. See Community Residential Homes, Section 21 -34.02 for details. 9. Limited to 6, or less, residents and no closer than 1000 feet to another Family Residential Home. 10. See Institutional Residential Homes, Section 21 -34.03 for details. 11. Multifamily residential is permitted in BPUD only as part of a single business /residential development plan — Article V, Section 21 -58 for details. 12. See Salvage Yards, Section 21 -34.07 for details. 13. Residential/Professional offices may be permitted as a conditional use in the R -2 district for properties residentially developed abutting State Road #442. See Section 21 -34.14 for details. Rev 5 -03 (LandDevelopmentCode) 14. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 15. Places of Worship — Schools /Child Care, see Section 21 -36.05 for details. 16. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 17. Outside application of flammable finishes and/or environmentally sensitive finishes (spray painting) is strictly prohibited. 18. State license required. Rev 5 -03 (LandDevelopmentCode) EXHIBIT "D" TREES Common Name Botanical Name Elm Ulmus spp. Hickory Carya spp. Loblolly Bay Gordonia lasianthus Magnolia Magnolia grandiflora Red Maple Acer rubrum Other Oak Species Quercus spp. Red Bay Persea borbonia Red Cedar Juniperus silicicola Swamp Bay Persea palustris Sweet Bay Magnolia virginiana Sweet Gum Liquidambar styraciflua Sycamore Platanus occidentalis Turkey Oak Quercus laevis (Agreement/Zoning - Edgewater Lakes Subdivision) 20 EXHIBIT "E" 35 STREET TRACT (Agreement/Zoning - Edgewater Lakes Subdivision) 21 z POINT OF BEGINNING ti�t . 1, 35TH STREET R/W DESCRIPTION 0 �A. JANE MURRAY s TR Ef 35 T*H GRANT (1001. R, 0. W. 0.60 ACRES N 89*03'29" E U , �FL ff-.D,4: �. �HJPES 159.95' VA �i 5 . i��AvISED I m9l� wj pl�N45 \ - il SECTION 48, T- 1 8-S, R-34-E lot c)� -- 77- VA 1". N tj G T) V; E 0 50 100 200 SCALE: 1 1Np 100 FT� PROJEft LWATIO 7 5E — O�dRIpTION. �DE :SS I G N B Y: MEB 36TH OTREET EDGtEWATER DRAW DRAWN 13Y. T)tz R/W DEOdRIPTION VOLU01A CIOUNTy, FL. CHECKED BY: MAURICE E. BERRY 1111 MEB P.E. 122382 . 185 CVPPM POINT PA.QXWAY APPRO D BY: PALM MOST. FL 32164 To DATE: RM01ONg BY: (386) 445-9004 1 185 CYPRESS POINT PkWY SCALE: I os PALM COAST. FLORIDA, 32164 10 OHEET NO. 2 TEL (386) 445-9009 DATE: 4-15-04 FAX (386) 445-9004 - 3 PROJ. NO: 4 FILE: 35TH DESCRIP I Of I I La 01 tjmV* 35 STREET R/W DESCRIPTION A portion of Section 48, Township 18 South, Range 34 East, Volusia County, Florida, also being a portion of the Jane Murray Chant, described as follows: Beginning at the intersection of the west line of the F.E.C. Railroad 100 -ft. wide right - of -way and the north line of said Section 48 (also being the north line of the Jane .Murray Grant), run on an assumed bearing of S.69'3 6' 42" W. along said north line 248.72 feet to the southerly line of 35 Street; thence, N. 8'03'29" E. along an extension of said southerly line I59.95 feet; thence, S. 22'35'25" E. 197.99 feet to the north line of the prescriptive right -of -way of Volco Road; thence, N. 34`42'35" E. along said north line 118.83 feet to the west line of said F.E.C. right -of -way; thence, N 2135'25" W. along said line 187.58 feet to the Point of Beginning. Said lands containing 0.60 acres, more or less. EXHIBIT "F" RIGHT -OF -WAY PARCEL (Agreement/Zoning - Edgewater Lakes Subdivision) 22 POINT OF BEGINNING VOLCO ROAD ,A 68 1 R/W DESCRIPTION 03 A�RES± u' JANE MURRAY .*1 3'. STi fEE-l' A cr cn GRANT - 'j SECTION 48, R-34—E N W E S VA -A\ 0 50 100 200 SCALE: 1 IN. = loo FT. o VA:, PROJECT: DEOdRIPTION: DESIGN BY: MEB VOLdO ROAD - LOCATION: EDCIEWATER DRAWN BY: TmZ R/W DEOdRIPTION VOLUOIA dOUNTY, FL. CHECKED BY: VEB MAURICE F- BERRY PL #22382 165 CWKSS PONT PAf" APPROVED BY: PkM aWS1, FL 32164 (386) 445-9884 DATE: REVI010NO BY: 185 CYPRESS POINT PKwy PALM COAST, FLORIDA, 32164 TEL �366� 445-9009 FAX 386 445-9004 11'1111 llt�l) SCALE: I"=100' OHEET NC Of — DATE: -15-04 PROJ. NO: FILE: VOLCO DESCRIP YRP.r TT,V- VOLCO ROAD R/W DESCRIPTION A portion of Section 48, Township 18 South, Range 34 East, Volusia County, Florida, also being a portion of the Jane Murray Grant, described as follows: Beginning at the intersection of the east line of the F.E.C. Railroad 100 -ft. wide right - of -way and the north line of said Section 18 (also being the north line of the Jane Murray Grant), run on an assumed bearing of N.68 42" E. along said north line 117.0 feet; thence, S. 553' 18" E. 155.0 feet; thence, S. W39' 33" W. 90.39 feet to said east right - of -way line; thence, N. 22 27" W. along said right -of -way line 205.0 feet to the Point of Beginning. AGENDA REQUEST PEA - 2010 -01 Date: October 6, 2010 PUBLIC HEARING BOARD APPOINTMENT RESOLUTION CONSENT ORDINANCE OTHER BUSINESS October 18. 2010 ITEM DESCRIPTION Approval of the Coastal Florida Public Employees Association Agreement (General Employees Union Contract). BACKGROUND The changes in the October 1, 2010 — September 30, 2013 agreement are presented in an underlined and strikethrough format. The changes are: • Article 26/Uniform, Clothing and Equipment — Safety shoe allowance increase; from $65 to $85 • Article 27 /Insurance — Removed language referencing the City agrees to pay bargaining unit members a one -time reimbursement for the increase health insurance cost of their dependent coverage • Article 32/Wages — For fiscal year 2010 -2011, employees will receive a 0% wage increase. For fiscal year 2010 -2011 only, the City agrees to pay Bargaining Unit members a $500 one -time stipend and implement the FY 10 /11 hourly rates set forth in Exhibit A • Article 37 — Update the PEA mailing address • Article 38 — Update duration of agreement; October 1, 2010 — September 30, 2013 Labor counsel, David Young, has reviewed this contract. The bargaining unit held a ratification vote on September 21, 2010. STAFF RECOMMENDATION Staff recommends the City Council approve the Coastal Florida Public Employees Association Agreement as negotiated and presented, effective October 1, 2010, expiring September 30, 2013. ACTION REOUESTED Motion to approve the October 1, 2010 — September 30, 2013 Coastal Florida Public Employees Association Agreement for the fiscal year 2010 -2011. FINANCIAL IMPACT Included in the final adopted FY 2011 budget (Finance Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: If so, DATE: Respectfully submitt d, 6 �1— "Nto" Donna M. Looney Personnel Director YES NO X AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal Trace T. Barlow Cit Manager PEA AGREEMENT TABLE OF CONTENTS ARTICLE SUBJECT Preamble........................................................................ ............................... 3 1 Recognition ................................................................... ............................... 4 2 Management Rights ....................................................... ............................... 5 3 Employee Rights ........................................................... ............................... 10 4 Strikes and Lockouts ............................. ............................... 5 Grievance and Arbitration Procedure ................. ............................... 12 6 Dues Deduction ............................................................ ............................... 16 7 Employee- Management Committee ............................... ............................... 17 8 Probationary Personnel ................................................ ............................... 18 9 PEA Representatives .................................................... ............................... 19 10 Personnel Records ........................................................ ............................... 20 11 Temporary Assignment to a Higher Classification .......... ............................... 21 12 Promotions ............................................... ............................... 22 13 Training ........................................................................ ............................... 23 14 Seniority, Layoffs, and Recall ........................................ ............................... 24 15 Disciplinary Action / Investigation ................................... ............................... 26 16 Bulletin Boards ............................................................. ............................... 28 17 Voting .......................................................................... ............................... 29 18 Legal Benefits ............................................................... ............................... 30 19 Code of Conduct and Job Classification ......................... ............................... 31 20 Leave of Absence .......................................................... ............................... 32 Coastal Florida Public Employees Association Agreement 1 October 1, 2010 — September 30, 2013 21 Hours of Work and Overtime ........................................ ............................... 34 22 Holidays and Personal Days .......................................... ............................... 37 23 Sick Leave .................................................................... ............................... 39 24 Vacation ....................................................................... ............................... 41 25 Bereavement Leave ...................................................... ............................... 43 26 Uniform, Clothing and Equipment ................................ ............................... 44 27 Insurance ..................................................................... ............................... 46 28 Injuries ......................................................................... ............................... 47 29 Per - Diem ...................................................................... ............................... 49 30 Education ..................................................................... ............................... 50 31 Pension Plan ................................................................. ............................... 52 32 Wages .......................................................................... ............................... 53 33 Alcohol and Drug Policy .............................................. ............................... 54 34 Severability Clause ....................................................... ............................... 57 35 Savings Clause ............................................................. ............................... 58 36 Entire Agreement .......................................................... ............................... 59 37 Notices ......................................................................... ............................... 60 38 Duration of Agreement ................................................. ............................... 61 Coastal Florida Public Employees Association Agreement 2 October 1, 2010 — September 30, 2013 PEA AGREEMENT PREAMBLE This Agreement is entered into by the City of Edgewater, hereinafter referred to as the "City" and the Coastal Florida Public Employees Association, Inc., hereinafter referred to as the "PEA" for the purpose of promoting harmonious relations between the City and the PEA, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning conditions of employment. The term "Designated City Representative" hereinafter "DCR" shall mean the City Manager or his appointed representative. The masculine gender shall include the feminine gender and the feminine shall include the masculine unless the context requires otherwise. Coastal Florida Public Employees Association Agreement 3 October 1, 2010 — September 30, 2013 ARTICLE 1 RECOGNITION The City hereby recognizes the PEA as the exclusive bargaining representative for all matters affecting wages, hours, and working conditions all full time personnel in the following job titles: Service Worker (Refuse, Street, Animal Services and Wastewater), Meter Reader, Utilities Plant Trainee, Customer Service Representative/Receptionist, Utilities System Technician, Cross Control/Reclaim Water Inspector, Wastewater Maintenance Technician, Bio Residual Technician, Equipment Operator, Parks Maintenance Worker, Plans Permit Clerk, Administrative Secretary, Administrative Assistant (Environmental Services and Finance), Planning Technician, Building Inspector/Plans Examiner (Residential), Combination Inspector/Plans Examiner (Commercial), Utilities Laboratory Technician, Water Plant Operator, Wastewater Plant Operator, Mechanic, Canal Maintenance Specialist, Lead Mechanic, Team Leader, Crew Chief, Recreation Coordinator, Stormwater Maintenance Worker, Utilities Maintenance Worker, Utilities System Technician, Laboratory Quality Control Administrator, Certified Parks Maintenance Worker, Community Service Officer, Heavy Equipment Operator, Finance Clerk I, Finance Clerk II, Accounting Technician, Administrative Clerk. Within 30 days both parties agree to file a petition with the Public Employees Relations Commission concerning name changes. All employees covered by the unit certified by the Public Employees Relations Commission will be entitled to the terms and benefits of this Agreement in accordance with Chapter 447 of the Florida Statutes. Coastal Florida Public Employees Association Agreement 4 October 1, 2010 —September 30, 2013 ARTICLE 2 MANAGEMENT RIGHTS 1. The PEA recognizes that it is the function of management to determine and direct the policies and mode and method of providing its services without any interference in the management and conduct of the City's operation on the part of the PEA or any of its representatives. Coastal Florida Public Employees Association Agreement 5 October 1, 2010 — September 30, 2013 2. The City shall continue to exercise the exclusive right to take any action not in conflict with provisions of this Agreement, or in conflict with state or federal law, which it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, power and authority customarily exercised by management, which the City has not expressly modified or delegated by express provisions of this Agreement. Nothing in this Agreement shall be construed to limit or impair the right of the City to exercise its own discretion in determining whom to employ, and nothing shall be interpreted as interfering in any way with the City's right to alter, rearrange, change, extend, limit or curtail its operation or any part thereof unless specifically addressed in this Agreement. Without limiting the provisions of Sections 1 and 2 hereof, but in order to clarify some of the more important unilateral rights retained by management, the City shall have the following unilateral management rights, unless such rights are specifically limited and in direct conflict with this Agreement. (a) To determine the size and composition of the work force, including the number and composition of employees assigned to any particular operation, shift or turn consistent with safe practices as determined by the City Manager. (b) To determine the number and type of equipment, vehicles, materials, and supplies to be used, operated, or distributed consistent with safe practices as determined by the City Manager. (c) To hire, rehire, promote, lay -off and recall employees. (d) To recognize, reprimand, discharge or otherwise discipline an employee for just cause and reasonable cause. Coastal Florida Public Employees Association Agreement 6 October 1, 2010 —September 30, 2013 (e) To evaluate including by written performance evaluations, maintain, and/or improve the efficiency of employees. (f) To create, abolish, or change job classifications and to determine job descriptions consistent with the job titles referenced in Article I and minimum classifications, and amount and type of work to be performed. (g) To determine the assignment of work, and to schedule the hours and days to be worked on each job and each shift unless contrary to a specific provision of this Agreement. (h) To discontinue, temporarily or permanently, in whole or part, its operations, and to transfer or assign all or any part of its operation to new facilities. (i) Consistent with the Americans with Disabilities Act, to require an employee, at the City's expense, by a physician designated by the City, to take a physical examination on an annual basis or more frequently if the City has cause to believe there is a health problem. The employee, at his own expense, may obtain a second opinion by a physician of his choice. In case of conflict with the original medical examination, a third medical examination may be requested by the City at the City's expense by a physician designated by the City. The results of any examinations shall be placed in a separate medical file. 0) To test employees for the use of alcohol, illegal drugs and/or controlled substances when there is reasonable cause in accordance with Article 33. Coastal Florida Public Employees Association Agreement 7 October 1, 2010 — September 30, 2013 (k) To determine the location, method, means, and personnel by which operations are to be conducted, including the right to contract and sub- contract existing and future work. (1) Pursuant to the provisions of Article 19, to make or change rules, policies and practices. (m) To determine work schedules, work cycles, starting and quitting times and the number of hours and shifts to be worked unless contrary to a specific provision of this Agreement. (n) To introduce new, different or improved methods, means and processes of conducting the operations, time management, bi- weekly payroll (employees will be given a 60 day notice of transition), transportation, maintenance and service of the City. (o) To determine the qualifications for positions in the City. (p) To determine the work to be performed during the employee's regular work day and require that all work be performed in a satisfactory and professional manner. (q) To assign overtime work in accordance with provisions of this Agreement. The City reserves and retains in full and completely any and all management rights, prerogatives and privileges except to the extent that such rights, prerogatives and privileges are specifically limited by some express provision of this Agreement. The City's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. Coastal Florida Public Employees Association Agreement 8 October 1, 2010 —September 30, 2013 The City, subject to Florida law, has the sole authority to determine its purpose and mission and the amount and allocation of the budget. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricanes or other weather conditions or similar catastrophes, the non economic provisions of this Agreement may be suspended during the time of the declared emergency. It is agreed that it is not possible to enumerate every incidental duty connected with a particular position in a job description and accordingly at the discretion of the City, employees may be required to perform duties not within their specific job descriptions, which are reasonably related to their job or the mission of the employees' department. Coastal Florida Public Employees Association Agreement 9 October 1, 2010 — September 30, 2013 ARTICLE 3 EMPLOYEE RIGHTS The City and the PEA agree not to interfere with the right of any eligible employee to become a member of the PEA, withdraw from membership in the PEA, or refrain from becoming a member of the PEA. There shall be no discrimination against any employee by reason of race, creed, color, age, national origin, sex, or PEA membership or activity, or lack of PEA membership or activity. Nothing contained in this Agreement shall foreclose any employee covered by this Agreement from pursuing any right or remedy, including the grievance procedure with or without representation of the PEA. Further, nothing contained in this Agreement shall foreclose any employee from discussing a work related problem directly with his immediate supervisor, and then thereafter, other departmental officials without the intervention of the PEA, provided that the immediate supervisor or other departmental officials agree to discuss and/or attempt to resolve the matter outside the formal grievance procedure. In matters involving a formal grievance, the PEA shall be given the opportunity to be present at any meeting called for the resolution of such grievance except as noted in Article 5. Coastal Florida Public Employees Association Agreement 10 October 1, 2010 — September 30, 2013 ARTICLE 4 STRIKES AND LOCKOUTS The Association and the City agree that Sections 447.505 and 447.507, Florida Statutes, shall govern their relations regarding the prohibition of strikes. Coastal Florida Public Employees Association Agreement 11 October 1, 2010 — September 30, 2013 ARTICLE 5 GRIEVANCE AND ARBITRATION PROCEDURE In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that the following procedure for the resolution of grievances between the parties shall be established and that such procedure shall cover grievances involving the application or interpretation of this Agreement. Either the PEA, or the City has the right to file a grievance. With respect to bargaining unit members, the grievance process shall be exclusively to the PEA. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his grievance shall be considered conclusively abandoned. Any grievance not answered by the City or the PEA within the prescribed time limits shall automatically advance to the next higher step. The term "working day" as used in this Article shall mean only Monday through Friday of each week regardless of the grievants' work schedule. Saturdays, Sundays, and holidays shall not be considered working days even if the grievant is scheduled to work on that day. For the purpose of computing time, the day on which a grievance or reply is filed shall not be counted. Grievances shall be presented in the following manner: Step 1 The employee or the PEA shall first discuss a grievance with the employee's immediate supervisor within ten (10) working days of the occurrence of the event(s), which gave rise to the grievance or from the date on which the employee becomes knowledgeable of the cause of action. If the employee was on compensated leave, the ten (10) working day period shall commence running immediately upon the employee's return from such compensated leave. This first step between the employee and his immediate supervisor shall be on an informal Coastal Florida Public Employees Association Agreement 12 October 1, 2010 — September 30, 2013 and oral basis and shall not involve the PEA or any other representative of the employee, unless requested by the employee. Any time period may be extended with the consent of the City or the PEA. Step 2 Any grievance, which cannot be satisfactorily resolved with the immediate supervisor, shall be reduced to writing by the PEA and submitted to the Department Head within ten (10) working days of completion of Step 1. The Department Head shall, within ten (10) working days after presentation of the grievance, render his decision in writing. Any time period may be extended with the consent of the City and the PEA. Step 3 Any grievance, which cannot be satisfactorily resolved with the Department Head, shall be submitted in writing by the PEA to the City Manager within ten (10) working days of the completion of Step 2, by the PEA. The grievance shall be discussed with the employee and the PEA by the City Manager within ten (10) working days of receipt of the grievance by the City Manager. The City Manager shall within ten (10) working days after this discussion render his decision in writing with a copy to the employee and PEA. Any time period may be extended with the consent of the City and the PEA. Step 4 In the event a grievance cannot be satisfactorily resolved with the City Manager, either the PEA, or the City within fifteen (15) working days after the City Manager renders a written decision may request that the grievance be submitted to arbitration. With respect to bargaining unit members, the arbitration procedure shall be exclusively reserved to the PEA. The arbitrator may be any impartial person mutually agreed upon by the City and the PEA. If an impartial arbitrator cannot be agreed upon within ten (10) working days after the grievance is Coastal Florida Public Employees Association Agreement 13 October 1, 2010 — September 30, 2013 submitted to arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names. Each party shall have the option within ten (10) working days of receipt of the list of striking three (3) names in alternating fashion, thus leaving the seventh as the neutral or impartial arbitrator. The party filing the grievance shall make the first strike. The City and the PEA shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing. The arbitrator shall confine his decision to the grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2 or 3. The arbitrator shall fashion an appropriate remedy for violations of the provisions contained in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is not a grievance as defined in this Agreement nor shall this Agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as herein provided. The arbitration hearing shall be conducted in accordance with the Rules of Procedure promulgated by the Federal Mediation and Conciliation Service. Each party shall bear the expense of its own witnesses and of its own representatives for the arbitration hearing. The impartial arbitrator's fees and related expenses, if any, shall be equally divided between the parties. Any party desiring a transcript of this hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the Coastal Florida Public Employees Association Agreement 14 October 1, 2010 —September 30, 2013 parties unless an appeal is filed within forty -five (45) calendar days of the rendition of the decision. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee or the grievance is directly between the PEA and the City, such grievance shall be presented by the PEA in writing directly to the City Manager within ten (10) working days of the occurrence of the event(s). Consistent with the provisions of Chapter 447, Florida Statutes, unless amended, it is mutually acknowledged and agreed that this Agreement shall be administered within the amounts agreed to by the City Council for funding of this Agreement. Accordingly, and notwithstanding any other provisions of this Agreement, the arbitrator shall have no authority, power or jurisdiction to construe any provision of law, statute, ordinance, resolution, rule, regulation or provision of this Agreement to result in, obligate or cause the City to have to bear any expense, debt, or cost of liability which would result, directly or indirectly, in the City exceeding the amounts initially agreed to by the City Council for the funding of this Agreement as agreed upon by the parties. Any such award, which contravenes or is not in compliance with the provisions of this paragraph, shall be null and void. Coastal Florida Public Employees Association Agreement 15 October 1, 2010 — September 30, 2013 ARTICLE 6 DUES DEDUCTION Upon receipt of a written authorization from an employee covered by this Agreement, the City will deduct from the employee's pay each pay period the amount owed to the PEA for dues in such amounts as are now or hereafter established by the association due to it as membership dues. No authorization shall be allowed for collection of fines, penalties or special assessments. The City shall remit monies collected to the Treasurer of the PEA monthly. The City remittance will be deemed correct if the PEA does not give written notice to the City within thirty (30) calendar days of a remittance of its belief that the remittance is incorrect. It shall be the responsibility of the PEA to notify the City Manager or his designee in writing of any change in the amount of dues to be deducted. The City shall have thirty (30) days from the receipt of such notice to implement the change. If there is an amount deducted in excess of what is authorized by this Agreement and forwarded to the PEA, the employee affected shall seek recourse with the PEA and not the City. The PEA will indemnify, defend, and hold the City harmless for all claims against the City on account of payroll deduction of PEA dues. An employee may revoke his authorization for deduction of dues provided the employee gives thirty (30) days written notice to the City and the PEA. Upon receipt of such notification, the City shall terminate dues on the pay period immediately following the expiration of the thirty (30) day notice period. No deduction shall be made from the pay of an employee for any pay period in which the employee's net earnings for that pay period are less than the amount of dues owed. Net earnings shall mean earnings after the required deductions for federal taxes, social security, pensions, credit unions, and health and life insurance. Coastal Florida Public Employees Association Agreement 16 October 1, 2010 — September 30, 2013 ARTICLE 7 EMPLOYEE - MANAGEMENT COMMITTEE There shall be an employee- management committee consisting of the City Manager and two members of the Bargaining Unit. The employee - management committee shall meet as needed on dates mutually agreeable to the participants. The sole function of the committee shall be to discuss general matters pertaining to employee relations and departmental operations. The committee shall not engage in collective bargaining or the resolution of grievances. Employees attending committee meetings outside of normal working hours shall not be compensated for the time spent in such meetings. However, if the meetings are held during a committee members regular workday, the committee members shall be allowed to attend without loss of pay. The employee shall notify her Department Head of any meetings scheduled during the regular workday. Coastal Florida Public Employees Association Agreement 17 October 1, 2010 — September 30, 2013 ARTICLE 8 PROBATIONARY PERSONNEL All new and promoted employees shall serve a probationary period of six (6) months. During the probationary period of promotional employees the terms and conditions of this agreement shall apply. The probationary period may be extended no more than ninety (90) days upon mutual consent between the Department Director, Personnel Director, or the City Manager and the employee. Upon satisfactory completion of the probationary period the employee shall be deemed a regular employee, provided the City provides the employee with written notice of such retention. New hires will not be eligible for the annual increases nor will they be eligible to use sick leave or floating holidays until they have been deemed regular employees. Coastal Florida Public Employees Association Agreement 18 October 1, 2010 — September 30, 2013 ARTICLE 9 PEA REPRESENTATIVES The PEA shall be represented by its President or his designee. It shall be the responsibility of the PEA to notify the City Manager, in writing, of any change in the designation of the President or his designee. A. When negotiating sessions are held during the regular workday, the PEA employee representative shall be permitted to attend without loss of pay. B. The authorized PEA representative and the PEA employee representative shall be permitted reasonable access for reasonable periods of time to department work locations to handle specific grievances and matters of interpretation of the Agreement. The exercise of such access rights shall not interfere with the functioning of the work place. C. Upon request, the City will provide the PEA on an annual basis with a complete roster of the bargaining unit including name, job classification and current pay rate. D. The employee representative shall notify his Department Head of any negotiating session held during the regular workday. Coastal Florida Public Employees Association Agreement 19 October 1, 2010 —September 30, 2013 ARTICLE 10 PERSONNEL RECORDS The City shall recognize only one official personnel file, which shall be maintained by the personnel department in City Hall. Each employee covered by this Agreement shall have the right to inspect his official personnel file, provided, however, that such inspection shall take place at a reasonable time, under the supervision of the records custodian. The employee shall have the right, at his own expense, to make duplicate copies of any item contained in his official personnel file. Employees covered by this Agreement shall have the right to file a written response to any document, which is placed in the employee's official personnel file. Any such written response shall be included in the employee's official personnel file and attached to the original document. The City will require a written request from anyone but the employee or supervisor prior to allowing review of an employee's official personnel file. The City will notify the employee when such a request has been filed. Coastal Florida Public Employees Association Agreement 20 October 1, 2010 —September 30, 2013 ARTICLE 11 TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION In the event a Department Head determines that there is a need to temporarily fill a regularly budgeted vacant position with an employee from a lower classification, with the approval of the DCR, the Department Head may select an employee from a lower classification to temporarily fill such budgeted position. If the employee selected for the temporary position is not selected for the regular position, this employee shall be returned to the previous classification and pay rate. An employee who is temporarily assigned to a position of higher classification for five (5) working days or more, shall be compensated at a rate equivalent to the greater of the minimum salary for that classification or five (5) percent above his current salary from the first day of assignment. Temporary assignments shall not include requests from supervisors for temporary standby assistance or assistance due to additional workload during vacation periods. Coastal Florida Public Employees Association Agreement 21 October 1, 2010 —September 30, 2013 ARTICLE 12 PROMOTIONS When a promotional vacancy exists and in the opinion of the City skill, ability and qualifications are equal, the promotion shall be offered to the employee with the most seniority. The probationary period shall be for six (6) months during which time the employee shall be entitled to a continuation of existing benefits. The promotional probationary period may be extended no more than ninety (90) days upon mutual consent between the Department Director, Personnel Director, or City Manager and the Employee. Any employee promoted shall receive a salary increase in accordance with Section 7.03 B. (Le) of the City Personnel Policy and Procedures Manual. If an employee does not satisfactorily complete the probationary period, the City shall make every reasonable effort to allow the employee to fill another vacant position for which the employee is qualified. If there are no vacant positions at the time, the employee will be allowed to resign and shall be given preference when a position does become vacant if he has the necessary qualifications for that position. Coastal Florida Public Employees Association Agreement 22 October 1, 2010 — September 30, 2013 ARTICLE 13 TRAINING The City agrees to make a good faith effort to promote classroom and on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. When the City requires an employee to attend training sessions, the City will make every reasonable effort to schedule such training during the employee's normal working hours. An employee will be compensated for training scheduled other than during normal working hours pursuant to Article 21, Hours of Work and Overtime. The City will continue its policy of paying for license renewal where a license is required for employment with the City. Coastal Florida Public Employees Association Agreement 23 October 1, 2010 — September 30, 2013 ARTICLE 14 SENIORITY, LAYOFFS, AND RECALL The City agrees that seniority shall consist of continuous accumulated paid service with the City and shall be computed from the date of fulltime employment. In the event a reduction in the work force is necessary, the City shall notify the PEA of such reduction in writing. In the event of the need for a reduction in the work force, normal attrition shall be used first, and then the following procedures shall be followed: A. The City shall determine the areas and the positions within the departments in which reductions will be made and the number of positions affected. B. Employees shall be laid off in inverse order of seniority in their classification. An employee affected by a lay off shall be entitled to "bump" into a lower classification if the employee is senior to the employee in the lower classification. C. Employees to be laid off shall be notified in writing as soon as possible after the decision for layoff has been made. The City shall give the laid off employees a minimum of fourteen (14) calendar days notice of such layoff. D. The City shall make every reasonable effort to permit any employee who would have qualified for retirement or whose pension would have become vested within six (6) months from the date of layoff to work that period of time necessary to acquire needed service for retirement or vesting. E. An employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverage pursuant to the requirements of the Consolidated Coastal Florida Public Employees Association Agreement 24 October 1, 2010 — September 30, 2013 Omnibus Budget Reconciliation Act of 1985 (hereinafter COBRA), and any subsequent amendments. In the event a recall of employees occurs, the following procedures shall be followed: A. The City shall determine the areas and positions within its departments in which recalls will be made and the number of positions affected. B. Employees shall be recalled in inverse order of layoff provided the employee has qualifications to perform the job at the time of recall. C. Employees shall be notified of their recall to work by registered letter mailed to the address in their official personnel file and shall be given fourteen (14) calendar days from receipt of the letter to return to work. A recalled employee shall notify the employer, in writing, within five (5) working days upon receipt of the recall letter of the employee's intent to return to work. D. Recall will be within the pay range for the classification to which the employee is recalled. E. Upon recall, all credit for salary fringe benefits and seniority shall be restored. Implementation of this Article may be subject to arbitration, but the decision of the City to make a reduction in the work force shall not be subject to either the grievance or arbitration procedure. Coastal Florida Public Employees Association Agreement 25 October 1, 2010 — September 30, 2013 ARTICLE 15 DISCIPLINARY ACTION/INVESTIGATION No employee shall be discharged or disciplined without just cause. In the event an employee is discharged, or disciplined, the City agrees that the employee shall be provided with written notification of the discharge, or discipline. This notification shall be hand delivered to the employee no later than its effective date, or sent by registered mail to the employee at the address in the employee's official personnel file. Upon request, any employee may obtain a copy of any statement given to the City in connection with any contemplated disciplinary action. Any employee under formal investigation shall have the right to be represented at their own expense by counsel or any other representative of their choice who shall be present at all times while the employee is being questioned relative to the alleged misconduct. Questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. All sessions shall be recorded and there shall be no unrecorded question or statement. During questioning the employee shall not be subject to offensive language or threats of transfer, dismissal, or other disciplinary action. The questioner does not have the right to make a promise of reward as an inducement to answering questions. Prior to making any public statement regarding an investigation, the City will telephonically give the PEA notice of its intent to make such a statement. In the cases where the City chooses to relieve an employee from duty pending an investigation or other administrative determination, the following shall apply: Coastal Florida Public Employees Association Agreement 26 October 1, 2010 — September 30, 2013 A. The employee may be placed on paid administrative leave for a maximum of ten (10) working days and shall be given written notification of the reason for the suspension. B. At the end of the suspension period the employee shall either be reinstated, terminated, or disciplined. C. Should the disciplinary action include reimbursement to the City for damages or time off without pay, any period of suspension without pay pursuant to Paragraph "A" above shall be considered in the same disciplinary action. D. In the event an appeal is successful for the employee, no documentation of said matter shall remain in the employee's personnel file, except to the extent required by the Public Records Act (F. S. 119). Coastal Florida Public Employees Association Agreement 27 October 1, 2010 — September 30, 2013 ARTICLE 16 BULLETIN BOARDS Where City bulletin boards are available, the City agrees to provide space on such bulletin boards for PEA use. Where bulletin boards are not available, the City agrees to allow the PEA to place bulletin boards in locations mutually acceptable to the City Manager and the PEA. Coastal Florida Public Employees Association Agreement 28 October 1, 2010 —September 30, 2013 ARTICLE 17 VOTING During a primary, general, or special election, an employee who is registered to vote and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where the polls are open at least one (1) hour before or one (1) hour after the employee's regularly scheduled work period, it shall be considered sufficient time for voting. Coastal Florida Public Employees Association Agreement 29 October 1, 2010 — September 30, 2013 ARTICLE 18 LEGAL BENEFITS Upon determination by the City Council that an employee acted within the scope of their employment, the City will undertake to defend employees against any legal actions taken against them. The City is not obligated to defend employees acting in bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The City Council agrees to indemnify, within the limitations of Florida law, employees against judgments levied against them as a result of their actions while acting in the scope of their employment, based on the conditions set forth above. Coastal Florida Public Employees Association Agreement 30 October 1, 2010 — September 30, 2013 ARTICLE 19 CODE OF CONDUCT AND JOB CLASSIFICATION There will be written job descriptions for all employee classifications covered by this Agreement. A code of conduct approved by the City Council is hereby incorporated by reference into this Agreement. Any rule, regulation, standard operating procedure or policy in conflict with this Agreement shall not be applicable to members of this bargaining unit. Prior to implementing any change in rules, regulations or standard operating procedures or policies, the PEA shall be provided with a copy of the proposed change and given an opportunity to provide written comments. Any written comments submitted by the PEA within ten (10) working days of receipt shall be considered by the City. Coastal Florida Public Employees Association Agreement 31 October 1, 2010 — September 30, 2013 ARTICLE 20 LEAVE OF ABSENCE The Department Head may grant any employee a leave of absence for a period not to exceed thirty (30) working days. Leaves of absence for a period in excess of thirty (30) days shall be approved by the DCR. Any approved leave of absence shall automatically be terminated when the employee obtains full time employment elsewhere. Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ of the City shall not accrue during a leave of absence. Any salary increases for which the employee would have become eligible based in whole, or in part, on length of service with the City shall not be credited during any period of leave of absence. A leave of absence may only be granted after the employee has exhausted all of his sick, vacation and floating holidays. During a leave of absence without pay an employee shall be given the opportunity to continue existing insurance coverage pursuant to COBRA and any amendments thereto. Military Leave: Any employee who is a member of the National Guard or an organized military or naval reserve unit of the United States will be allowed a maximum of twenty (20) working days leave of absence with pay in any one annual period when the employee is engaged in training ordered under the provisions of the United States military or naval training regulations During such period of leave with pay, the employee's benefits shall continue uninterrupted in the same manner as if he were on active duty with the City. Administrative or voluntary leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without pay unless the employee has a sufficient amount of accrued time and shall be granted by the City and when so granted shall be without loss of time or efficiency rating. Coastal Florida Public Employees Association Agreement 32 October 1, 2010 — September 30, 2013 Family and Medical Leave: Pursuant to the Family and Medical Leave Act of 1993, upon request, employees with at least twelve (12) months of service who have worked an average of more than twenty -four (24) hours per week over the preceding twelve (12) months (1,250 hours), will be granted family medical leave of absence for up to a maximum of twelve (12) weeks in any twelve (12) month period for childbirth, adoption of a child, or a serious health condition of the employee or her immediate family member (spouse, parent, child). The City will determine the amount of leave available for an eligible employee by using a "rolling" twelve (12) month period measured backward from the date an employee uses any such leave. The procedure to be followed in requesting family and medical leave and any additional requirements shall be as set forth in the City's Personnel Policy and Procedures Manual, and as that document may from time to time be amended. Coastal Florida Public Employees Association Agreement 33 October 1, 2010 —September 30, 2013 ARTICLE 21 HOURS OF WORK AND OVERTIME The following provisions shall govern hours of work and overtime: A. Forty (40) hours shall constitute a normal workweek for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour week unless the employee actually works forty (40) hours or his actual hours worked and his authorized compensated leave total forty (40) hours. The City has the right to determine frequency of pay (weekly/bi- weekly), and, in the event that the City determines to change the frequency of pay, the City will provide prior notice of the transition and an advance schedule for the changes to pay frequency. B. Employees shall be compensated at the rate of time and one -half the employee's regular rate of pay or compensatory time off at a rate of one and one half hours for each hour worked in excess of forty (40) during a week, as determined upon agreement between the employee and Department Head prior to the hours being worked. Sick and unscheduled vacation leave shall not be considered hours worked. C. If any employee covered by this Agreement is called back to work outside his scheduled working hours, he shall receive a minimum of two (2) hours pay at the rate of time and one -half his regular rate of pay. The two (2) hour minimum shall not apply to work scheduled outside of regular working hours for which the employee has advance notice, but is intended to compensate employees who are unexpectedly called back to work. Employees who are scheduled to work outside of regular working hours for which the employee has advance notice shall receive Coastal Florida Public Employees Association Agreement 34 October 1, 2010 — September 30, 2013 a minimum of one (1) hour pay at the appropriate rate, either 1) at the regular rate of pay, if such time is included within the regular work week, or 2) at time and one -half if such time constitutes overtime. D. No City official shall take action to cause the non - payment of time and one -half when the employee has performed work, which entitles him to such payment. E. Employees shall be given forty -eight (48) hours notice of any change in their regular hours of work. Except in case of emergency situations, the City will avoid scheduling an employee to work on continuous shifts. If an employee is not notified prior to forty-eight (48) hours of a shift change, except in emergencies, they shall receive one and one -half times the straight time hourly rate for the first eight (8) hours of the new shift. An employee who works two complete back -to- back shifts will be compensated for a total of sixteen (16) hours. The rate of pay shall be determined based upon the total hours worked during the effected week. F. All employees will be entitled to a total of one (1) hour for meal and rest breaks during each eight (8) hour shift. G. Any employee who, in the exercise of his official duties, is subpoenaed to appear before any person or agency on his regular day off shall receive a minimum of three (3) hours pay at the rate of time and one -half his regular rate. Any witness fees, etc. paid to said employee shall be the property of the City. H. If, in the discretion of the City Council and/or the DCR, it is determined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions or what is judged to be a public danger or emergency, the provisions of this Agreement may be suspended by the DCR during the time of declared emergency, provided, however, that the wage rates and monetary fringe benefits Coastal Florida Public Employees Association Agreement 35 October 1, 2010 — September 30, 2013 shall not be suspended, and the right of the PEA to grieve the suspension of the Agreement shall not be limited to wage rates and fringe benefits only. I. Employees put on restrictive on -call pager will be paid three hours pay weekly at the rate of time and one half (1 1\2) times their regular rate of pay if they have worked sufficient hours during the week to be entitled to overtime payment for that week, or the hours worked plus authorized compensated leave totaled forty (40) hours for that week. If employees placed on restrictive on -call pager do not have a weekly total of forty (40) hours based on hours worked plus authorized compensated leave, they will only receive overtime pay for that period of time where the total of their weekly hours worked plus authorized compensated leave plus three hours on -call pay exceeds forty (40) hours. Coastal Florida Public Employees Association Agreement 36 October 1, 2010 — September 30, 2013 ARTICLE 22 HOLIDAYS The City will recognize the following as paid holidays: New Years Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Day A. If a holiday falls on a Saturday, the holiday will be observed on the Friday before the holiday. If the holiday falls on a Sunday, the holiday will be observed on the Monday following the holiday. B. For those employees working rotating shifts, if the actual holiday falls on an employee's off duty day, the employee shall elect either to receive an additional day's compensation paid at -his regular rate of pay or take a day off within 12 months after the holiday. If the Department Director denied multiple request for time off, after 12 months the employee may receive the additional day's compensation. C. For those employees working rotating shifts, if the actual holiday falls on an employee's on duty day, he shall be compensated at the rate of time and one half his regular rate of pay for all hours worked on the holiday in addition to his holiday pay. Coastal Florida Public Employees Association Agreement 37 October 1, 2010 — September 30, 2013 D. Holiday pay shall not be withheld for any reason other than being waived by the employee with the concurrence of the Department Head. In lieu of holiday pay, the employee shall be allowed a day off with pay. The day taken off in lieu of the holiday must be taken within thirty (30) calendar days after the holiday. E. In order to be eligible for holiday pay, an employee must work both his last scheduled workday before the holiday and the first scheduled work day after the holiday unless the absence is due to compensated leave. Each employee shall be entitled to four (4) floating holidays with pay per year, which must be taken within their anniversary year. Employees shall not receive pay in lieu thereof. Floating holidays shall be scheduled with the approval of the Department Head. Coastal Florida Public Employees Association Agreement 38 October 1, 2010 — September 30, 2013 ARTICLE 23 SICK LEAVE Sick leave benefits shall not be considered as a right to be used at an employee's discretion. Sick leave is a benefit granted by the City to provide employees with reasonable time off during periods of personal or family illness without loss of pay. A. Sick leave will be earned at the rate of eight (8) hours for each month of service. No employee shall be entitled to use sick leave until they have been deemed a regular employee. These hours shall accumulate up to a maximum of three hundred twenty (320). After accumulating the three hundred twenty (320) hours maximum sick leave, an employee shall receive as additional pay the hours in excess of three hundred twenty (320) up to an additional eight (8) hours for each month thereafter that he does not use any sick leave. If, however, the employee uses any sick leave after accumulating the three hundred twenty (320) hours maximum sick leave, the employee must restore his accumulated sick leave to the maximum again before he shall be eligible for any additional pay. B. Employee's with a maximum above the three hundred twenty (320) hours will have their additional accumulated hours above the maximums paid to them at their current rate of pay in installments over twelve (12) months. C. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee with a minimum of five (5) years service with the City who resigns in good standing, retires under the Coastal Florida Public Employees Association Agreement 39 October 1, 2010 — September 30, 2013 provisions of the City's pension plan, or in the event of death, the employee's beneficiary, shall be entitled to a lump sum payment of 100% for any unused portion of accrued sick leave. An employee with less than five (5) years service with the City who resigns in good standing, retires under the provisions of the City's pension plan, or in the event of death, the employee's beneficiary, shall be entitled to a lump sum payment at the rate of two (2) hours of sick leave for one (1) hour of pay. The payment shall be determined by using the rate of pay received by the employee at the time of termination. D. Sick leave may be used for illness in the immediate family or donated to any City employee who has an emergency or long -term illness. Immediate family is defined as: spouse, co- habitant, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren and stepparents of either the employee or spouse. E. An employee who calls in without the prior approval of the Department Head to report he will not be at work that day cannot charge it as a day of vacation or a floating holiday unless he has no sick leave accumulated. F. If the City voluntarily negotiates for fiscal year 2009 -2010 an accrued sick and vacation sell back for members of any other bargaining unit which allows an exchange of combined accrued sick and vacation in excess of the current benefit set forth above, all eligible employees shall be granted the same improvement. Coastal Florida Public Employees Association Agreement 40 October 1, 2010 — September 30, 2013 M1 91;o["V! VACATION Employees covered by this Agreement shall be entitled to annual vacation leave with pay based on the number of years of service with the City: Less than 1 year 0 hours 1 - 4 years 96 hours 5 - 10 years 144 hours 11 years 192 hours 12 years 200 hours 13 years 208 hours 14 years 216 hours 15 years 224 hours 16 years 232 hours 17 years and over 240 hours A. No employee shall be entitled to vacation leave without having first completed a full year's employment. Upon completion of one (1) year of employment with the City, an employee shall be credited with ninety -six (96) hours of vacation leave. Subsequent to the completion of one (1) year of employment, an employee shall accrue vacation leave on a weekly basis. Every employee is to physically take at least one week off annually for vacation. B. Vacation leave accrued, but not used, within any given anniversary period may be carried over and accumulated. Employees may accumulate vacation leave up to a maximum of five hundred (500) hours. C. In lieu of taking vacation leave, vacation leave may be cashed in an amount equal to one -half (1/2) of that accrued within the current anniversary period, at the employee's discretion throughout the fiscal year as long as the employee obtains the appropriate form and submits it upon completion to the Department Director no later than June 1 for payment in the forthcoming - fiscal year. Payment will not Coastal Florida Public Employees Association Agreement 41 October 1, 2010 — September 30, 2013 be allowed if the employee fails to submit this form prior to June 1. The amount of compensation shall be determined by using the employee's hourly rate at the time the vacation leave is cashed in. D. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee will be paid for any unused portion of accrued vacation leave. The payment shall be determined by using the rate of pay received by the employee at the time of termination. E. Vacations must be scheduled with the approval of the Department Head. Seniority shall be considered by the Department Head in the scheduling of vacations. F. If the City voluntarily negotiates for fiscal year 2009 -2010 an accrued sick and vacation sell back for members of any other bargaining unit which allows an exchange of combined accrued sick and vacation in excess of the current benefit set forth above, all eligible employees shall be granted the same improvement. Coastal Florida Public Employees Association Agreement 42 October 1, 2010 — September 30, 2013 ARTICLE 25 BEREAVEMENT LEAVE A. When a death occurs in the immediate family of an employee, that employee shall be granted up to forty (40) hours bereavement leave without loss of pay. Additional time may be taken by the employee as vacation leave, personal days, sick leave, a leave of absence without pay or a day off without pay. B. Immediate family shall mean: spouse, co- habitant, parents, grandparents, children, grandchildren, brothers, sisters, stepbrother, stepsister, stepchildren and stepparents of either the employee or spouse. If the employee was raised by someone other than one of the above named, he may request the leave in the event of the death of that individual. C. The City has the right to request a verification of the death. Coastal Florida Public Employees Association Agreement 43 October 1, 2010 — September 30, 2013 ARTICLE 26 UNIFORM, CLOTHING AND EQUIPMENT Personal equipment (i.e. glasses, watches, etc.) proved damaged in the scope of employment shall be replaced or repaired at no cost to employee subject to approval of the DCR and proof of damage and value of item damaged. The maximum amount the City will pay for a watch or non - prescription sunglasses will be twenty -five (25.00) dollars. The maximum amount the City will reimburse for prescription glasses will be two hundred ($200.00) dollars. The City agrees to have each serviceable City vehicle inspected by a qualified mechanic. All vehicles will contain proper safety equipment. The City will furnish and maintain all types of safety equipment excluding safety shoes. The City agrees that it shall conform to all standards required by the federal government and its regulatory agencies and shall implement the use of only such equipment that will promote the safety and welfare of all employees covered under this Agreement. The City will provide five (5) shirts, five (5) pairs of pants or shorts and one (1) pair of safety shoes per year to all members of the Bargaining Unit in the following positions: Service Worker, Meter Reader, Utilities Plant Trainee, Utilities System Technician, Cross Control/Reclaim Water Inspector, Wastewater Maintenance Technician, Bio Residual Technician, Utilities Maintenance Worker, Laboratory Quality Control Administrator, Stormwater Maintenance Worker, Heavy Equipment Operator, Equipment Operator, Parks Maintenance Worker, Utilities Laboratory Technician, Mechanic, Canal Maintenance Specialist, Lead Mechanic, Team Leader, Crew Chief, Water Plant Operator, Wastewater Plant Operator, Certified Parks Maintenance Worker, Community Service Officer. Coastal Florida Public Employees Association Agreement 44 October 1, 2010 — September 30, 2013 The cost to the City for safety shoes shall not exceed si*ty five ($ eigh -five 85.00 dollars per pair. Safety shoes may be work shoes, with or without steel toes. If the City determines that steel toes are required, on a case by case basis, that will be indicated. The City will furnish gloves to employees who handle chemicals, wastewater, or garbage. Employees will sign for gloves when issued. When uniform replacement due to normal wear and tear is requested by the employee, the shirt and/or pants will be inspected by the Department Head. At the discretion of the Department Head, the uniform, not including the patches, will become the property of the employee. Employees reporting to work without the proper uniform will not be allowed to work and will not be paid for the time required to return home to change into their uniform. Employees intentionally damaging uniforms will pay for repairs or replacements. Uniforms will not be worn during off duty hours or days off. An employee who has terminated his employment with the City will not receive a final paycheck until all uniforms issued are returned clean. If within any individual department, upon the concurrence of the Department Head, a majority of the non - uniformed members of the Bargaining Unit submit a request to the City Manager for uniforms, the City hereby agrees to consider the feasibility of implementing such a request during the next fiscal year. Coastal Florida Public Employees Association Agreement 45 October 1, 2010 — September 30, 2013 ARTICLE 27 INSURANCE The City agrees to furnish Bargaining Unit members a health and dental group insurance plan. For employees hired prior to October 1, 2004, the City agrees to pay the entire amount of the health insurance premium for the Bargaining Unit member and fifty percent (50 %) of the health insurance premium for their dependents. Employees hired after October 1, 2004 will have the opportunity to purchase dependent health insurance coverage. The City agrees to pay 50% of all dental coverage. Fer fiseal yeaf 2009 2010 enly, the Cky agi te pay Bar Unit. •. ... rye!*Ee�e!!E rjrr -W.T.:r�!sr The City shall provide life insurance for all employees covered by this Agreement in an amount equivalent to one (1) year's base salary rounded up to the next thousand dollars; however no employee's life insurance coverage shall be less than fifteen thousand ($15,000.00) dollars. The City and members of the PEA will agree to evaluate HSA as a potential funding source for retiree medical stipend. Coastal Florida Public Employees Association Agreement 46 October I, 2010 — September 30, 2013 ARTICLE 28 INJURIES Duty Related Injury An employee who is temporarily disabled in the line of duty shall receive full pay and benefits for the period of the disability, subject, however, to compliance with all of the following conditions: A. The disability must have resulted from an injury or an illness directly related or sustained in the performance of the employee's work. The City's determination as to whether the disability is work related shall be governed by the provisions of Chapter 440, Florida Statutes. B. The DCR, in his discretion, may utilize the services of a physician to determine whether any employee claiming disability is physically and/or mentally able to continue working or to return to work. C. The injured employee will remain at full pay status not to exceed seven hundred twenty (720) hours. If, as a direct result of the continuation of the disability involved, the employee is unable to return to work at the end of the six hundred (600) hours, the employee may petition the DCR requesting that he be carried in full pay status beyond the seven hundred twenty (720) hours. If the DCR decides not to permit the employee to continue in full pay status beyond the seven hundred twenty (720) hours, the employee shall revert to normal Worker's Compensation Benefits. D. The City agrees that any employee injured on the job or who suffers a job related illness shall be paid for a full day if his treating physician advises that he cannot or should not return to work. Coastal Florida Public Employees Association Agreement 47 October 1, 2010 —September 30, 2013 E. If the City voluntarily negotiates an improved benefit within any of its collective bargaining units for Injuries, all eligible employees shall be granted the same improvement. Non -Duty Related Injury In the event the DCR, in consultation with an employee's Department Head, determines that a non -duty related disability exists, the following shall apply: A. If the disability can be corrected, the DCR, in consultation with the employee's Department Head, may permit the employee to continue with his normal duties, reassign the employee to other duties with the department, or temporarily remove the employee from City service. Should the employee be temporarily removed from City service during the period of time specified for correction of his disability, the employee may utilize his sick leave, vacation leave or request a leave of absence without pay for the correction period. B. If the disability cannot be corrected, the DCR in consultation with the employee's Department Head will attempt to place the employee in another City position, which in the DCR's discretion, the employee can perform satisfactorily. Nothing herein shall require the DCR to create a position for the employee. If the DCR determines that the employee cannot be placed in another position, the employee chooses not to accept the position offered, or the DCR in consultation with the Department Head involved determines that the employee is not satisfactorily performing in the new position, then the employee shall be afforded an opportunity to resign thereby retaining any benefits to which he would otherwise be entitled. Coastal Florida Public Employees Association Agreement 48 October 1, 2010 — September 30, 2013 ARTICLE 29 PER -DIEM Employees who have received prior authorization to use their private automobile for City business shall be compensated at the rate authorized by law. Coastal Florida Public Employees Association Agreement 49 October 1, 2010 — September 30, 2013 ARTICLE 30 EDUCATION The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, improving the quality of service rendered to the public, aiding employees to equip themselves for greater responsibilities and advancement to higher positions when available. A. The City shall assume financial responsibility for tuition, books and transportation for a course required as a condition of continued employment. If the employee does not satisfactorily complete the course, he may re- enroll at his expense, and take such course on his own time. Then if the employee does not satisfactorily complete the course, he may be terminated from the position. If an employee requests to take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment, the employee will receive reimbursement for 50% of the tuition. If it is recommended that an employee take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment, the employee will receive reimbursement for 75% of the tuition. All reimbursements will be subject to satisfactory completion of courses. If an employee remains in the City's employment for two (2) years after successful completion of the course, they will not be obligated to reimburse any of the course expense. Employees will be obligated to reimburse the City for course expenses if they leave the employment of the City as follows: Coastal Florida Public Employees Association Agreement 50 October 1, 2010 — September 30, 2013 Less than 6 months after successful completion of course = 100% 6 — 12 months after successful completion of course = 75% 12 — 18 months after successful completion of course = 50% 18 - 24 months after successful completion of course = 25% B. Employees will notify the Department Head through proper channels of a desire to attend such courses. The Department Head, in turn, may arrange scheduling of shifts so as to allow an employee to attend. C. Attendance shall be determined by the Department Head after considering the needs of the department and the seniority of employees. D. Any employee covered hereunder that is required to take /attend a course may be given educational leave for the purpose of taking courses or attending conferences and/or seminars directly related to the employee's work as determined and approved by the Department Head and the DCR. An employee granted educational leave with full pay shall be entitled to receive all City benefits in the same manner as if he were on active duty during the period of the leave, excluding overtime provisions. Entitlement to benefits for employees on partially compensated or uncompensated educational leave shall be determined by the Department Head and the DCR. Coastal Florida Public Employees Association Agreement 51 October 1, 2010 — September 30, 2013 ARTICLE 31 PENSION PLAN The City agrees to continue the present Defined Benefit Pension Plan with all contributions to it paid by the City for all employees vested in the plan as of September 30, 1996, except the employee's contributions as required by the plan. Any changes or additions to the present plan agreed to by the General Employee's Pension Board and the City Council shall be implemented. The PEA Representative shall serve as the employee member on the General Employee's Pension Board. In lieu of the, Defined Benefit Plan, for all employees hired effective October 1, 1996, or thereafter, on behalf of the employee, the City shall contribute twelve (12) percent of all compensation earned during employment with the City to a 401(a) Defined Contribution Money Purchase Plan. The account shall not be established until the first day of the month following completion of ninety (90) days of employment with the City, but shall include a contribution of twelve (12) percent of all compensation earned since the effective date of employment with the City. Coastal Florida Public Employees Association Agreement 52 October 1, 2010 — September 30, 2013 ARTICLE 32 WAGES For fiscal year 2999 -2010 2010 -2011 all eligible employees shall receive a 0% increase in their hourly rate of pay. This is only applicable to fiscal year '^^' -�0 2010 -2011 and any increases in subsequent years must be mutually bargained for by the parties. Employees are not eligible for this increase until they have been deemed a regular employee. In the event that retroactive pay is provided as a result of timely ratification by the bargaining unit members, only those hours actually worked shall be eligible for retroactive pay. No retroactive pay shall be paid for any other compensation, including any pay as a result of sick or vacation leave cash in pursuant to Article 23 or 24. If the City voluntarily negotiates an across the board wage increase for fiscal year 2009- 2M 2010 -2011 for members of any other bargaining unit with a percentage of increase for hourly rate of pay which exceeds the one time 0% increase set forth above applicable to fiscal year 2 2 2010 -11 all eligible employees shall be granted the same improvement. For fiscal year 2010 -2011 only, the City agrees es to pay Bargaining Unit members a five hundred dollar ($500) one -time stipend (before taxes). This one -time stipend will occur in a single installment to be paid the first pay period of December or within sixty (60) dasf agreement ratification, which ever comes later. For fiscal year 2010 -2011 only, the City agrees to implement the FYI 0 /11 hourly rates set forth in Exhibit A. Although the City agrees to make reasonable efforts to implement the rate changes set forth in Exhibit A in subsequent years any increases or implementation in subsequent years must be mutually bargained for by the parties and there is no guarantee requiring the City to fund or implement hourly rates for any additional years beyond fiscal year 2010 -2011. Coastal Florida Public Employees Association Agreement 53 October 1, 2010 — September 30, 2013 ARTICLE 33 ALCOHOL AND DRUG POLICY A. The City and the PEA recognize that drug and alcohol abuse is a growing problem within our nation's work force. The parties also recognize the tremendous cost, both in terms of efficiency and in human suffering, which drug and alcohol abuse may cause. Substance and alcohol abuse by employees of the City may have an adverse impact on City government, operations, and the health, welfare, and safety of City employees and the general public. Acknowledging the necessity for action, the following alcohol and drug testing policy is hereby initiated for all employees. B. The City prohibits all employees from: 1. Selling any drug, including alcohol or prescription drugs, whether on or off -duty, unless the employee is legally entitled to sell the substances in question. 2. Possessing any alcoholic beverage or illegal drug while on -duty or on City property at any time. 3. Using any controlled substance not prescribed for the employee by a physician or alcoholic beverage, which may adversely affect job performance. This may include both use while on -duty and use while off- duty, which can adversely affect on -duty performance. 4 Reporting to work with the presence of illegal drugs or alcoholic beverages in the body system, which is equal to or exceeds the cutoff detection levels established pursuant to Chapter 440, Florida Statutes. Coastal Florida Public Employees Association Agreement 54 October 1, 2010 —September 30, 2013 C. The City Manager and the employee's Department Head, in accordance with the Drug Free Workplace Policy, shall have the authority to require employees to submit to testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. When an employee is required to submit to testing it shall be limited to those circumstances which indicate that reasonable cause exists that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the City of Edgewater personnel rules regarding the use or possession of such substances. D. In the event the City requests that an employee submit to testing and the employee chooses not to submit to such tests, this refusal shall be grounds for appropriate disciplinary action. E. An employee who must use a prescription drug which the employee has been advised will or which the employee may reasonably expect to cause adverse side effects such as drowsiness, impaired reflexes, or reaction time shall inform his Department Head that he is taking such medication on the advice of a physician and of the possible side effects of the drug and expected duration of use. F. In the event the City requests that an employee submit to drug or alcohol tests, the cost of such test shall be paid by the City. G. Employees required to take regularly scheduled physical examinations may have included as part of the examination a test for alcohol or drugs. H. Employees with job performance or attendance problems shall bear the primary responsibility to seek diagnostic and appropriate treatment for such problems. In the event an employee seeks assistance and treatment for an alcohol or drug- related problem, the following shall apply. An employee may be granted a one - Coastal Florida Public Employees Association Agreement 55 October 1, 2010 — September 30, 2013 time leave of absence without pay, not to exceed sixty (60) days to undergo treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. The request must be voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. I. The result of any drug or alcohol test shall be considered a medical report and shall be deemed confidential pursuant to Florida law. J. Decisions of an arbitrator under this Article shall be limited to a determination of whether there existed reasonable cause to activate the provisions of this Article. If this issue is determined in the employee's favor, he shall be reinstated. K. The circumstances constituting reasonable cause shall be set forth in writing and signed by the person initiating the allegation before the provisions of this Article shall apply. Coastal Florida Public Employees Association Agreement 56 October 1, 2010 — September 30, 2013 ARTICLE 34 SEVERABILITY CLAUSE Should any provision of this collective bargaining agreement or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by a decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree that they shall meet within thirty (30) days of the date when the contract provision was determined to be invalid, in order to negotiate a replacement provision. Coastal Florida Public Employees Association Agreement 57 October 1, 2010 — September 30, 2013 ARTICLE 35 SAVINGS CLAUSE The Agreement will not deprive any employee of any benefits or protection granted by the laws of the State of Florida, the ordinances of the City of Edgewater, or the personnel rules and regulations of Edgewater. Coastal Florida Public Employees Association Agreement 58 October 1, 2010 — September 30, 2013 ARTICLE 36 ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties hereto. Coastal Florida Public Employees Association Agreement 59 October 1, 2010 —September 30, 2013 ARTICLE 37 NOTICES All notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to City: City Manager City of Edgewater P. O. Box 100 Edgewater, FL 32132 -0100 If to PEA: President Coastal Florida Public Employees Association, Inc. Pei4 Orange, Fh 32129 1162 Pelican Bay Drive Daytona Beach, FL 32119 With a Copy to: City Attorney City of Edgewater P. O. Box 100 Edgewater, FL 32132 -0100 With a Copy to: PEA Employee Representative c/o City of Edgewater P. O. Box 100 Edgewater, FL 32132 -0100 Coastal Florida Public Employees Association Agreement 60 October 1, 2010 —September 30, 2013 ARTICLE 38 DURATION OF AGREEMENT This Agreement shall be effective from October 1, 2907 2010 upon ratification by the parties, and shall continue in full force and effect until midnight of September 30, 299 2013 This Agreement contains the entire agreements of the parties relative to wages, working conditions, and all other matters, which have been or could have been negotiated by and between the parties prior to execution of this Agreement. Neither party shall be permitted to reopen or renegotiate this Agreement for fiscal year 2007-2808 2010 -2011 provided, however, that either party may reopen the Agreement for the limited purpose of negotiating Wages and three (3) other Articles for fiscal year 290$ -2009 2011 -2012 and Wages and three (3) other Articles for fiscal year 2009 2010 2012 -2013 If a party reopens this Agreement for said limited purposes in either fiscal year 2998 -2003 2011- 2012 2009 2010 2012 -2013 the other party shall be entitled to present three (3) Articles for negotiations. Upon mutual consent anytime during the term of this Agreement, the parties may agree to reconsider any provisions in this Agreement. Such consent shall not be unreasonably withheld by either party. Coastal Florida Public Employees Association Agreement 61 October 1, 2010 — September 30, 2013 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. 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Box 70 Flagler Beach, FL 32136 Dear Mr. Barlow: It is my pleasure to inform you the Collective Bargaining Agreement agreed to between the Coastal Florida PEA and the City of Edgewater was ratified by the bargaining unit members on September 21, 2010 by a vote of 57 -14. I look forward to helping you in any way to see to it that this agreement is brought before the City Council for its share of the ratification process. As always, please feel free to contact me if 1 can be of any further assistance. Best regards, Mike Scudiero, Communications Director Coastal Florida Public Employees Association AGENDA REQUEST CA# 2010- SA-1006 Date: October 7, 2010 PUBLIC HEARING BOARD APPOINTMENT RESOLUTION CONSENT ORDINANCE OTHER BUSINESS October 18, 2010 ITEM DESCRIPTION Vickie Keepes, agent for the Word Center Inc., is requesting that the fees be waived for a Special Activities permit for the Fall Festival Community Resource event to be located at Rotary Park. Outdoor live /recorded music or sound amplification will be used from 1200 pm until 4 :00 pm. BACKGROUND The event is scheduled for October 30, 2010 with the hours of operation being from 12.00 p.m. to 5 :30 p.m. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. The expected attendance is 500 and therefore does not require Council review. However, the applicant is requesting that the Special Activity Permit fee of $300.00 be waived. STAFF RECOMMENDATION The Technical Review Committee is reviewing the application to insure compliance with Section 21 -37 (Special Activity Permits) of the City of Edgewater Land Development Code. ACTION REQUESTED Motion to waive the Special Activity Permit fee of $300.00 for the Fall Festival Community Resource event. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: If so, DATE S DarredLear Development S YES NO X AGENDA ITEM NO. Concurrence Robin Matusick Director Paralegal ;4 �1 Tracey T. Barlow City Manager THE W.O.R.D. CENTER P O Box 1 544 New Smyrna Beach, Fl 32170 3 86- 4 1- 888 -811 -WORD Victoria Keepes -Smith Executive Director Darryl Smith Senior Pastor Teresa Mitchum Secretary Lois Weinber Dispersion Center Dear Sirs: This comes to you today to request that the Special Event Fees be waived. I am requesting the use of Rotary Park located in Edgewater on Park Ave. For October 3oth, 2010 that is a Saturday. (Fall Festival Community Resource Event) There will be no venders there to make money off this event . It is just to bring an awareness in our community about the avenues that are available to help sustain our local families as more lay offs are coming... And so are the Holidays. A few weeks ago I read an article in the News Journal about our city getting a re- branding. I felt that as we are supporting our community in outreach services, why not have an event to make the people in our community aware of the services that are local to help them sustain their homes and family needs in these tough times. The WORD Center's "CARE" Program and Angel Food Ministries located here in Edgewater have serviced up to 500 families a month. Outreach Min istries,;;' W.O.R.D. Publ` C.A.R.E. Center A food ministry created for you ' supported by you! Angel Food Ministries Host Site Worship Center 2120 S. Ridgewood Unit 8 & 9 Edgewater, FL 32141 Corporate Offices/ C.A.R.E. CENTER 2102 S. Ridgewood Unit 1 Edgewater, FL 32141 We are a 501c3 a copy of the status is attached to the application. We will supply insurance for the event as well. We are also working on putting an Access Center and A One Stop Career Center in our Local of- fice to assist families in applying for services locally as well as directing them to other agencies . Sincerely Vicki Keepes Executive Director CITY OF EDGEWATER SPECIAL ACTIVITY APPLICATION (EXPECTED ATTENDANCE UNDER 2,000) This application must be completed in its entirety and submitted to the Planning Department at least 60 -days in advance of the activity. Incomplete applications will be returned to the applicant and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION FEE: $300 /day �� -, ne-y ') - 3 C. � O/ 0 Date c Applicant Name: pa'e& Vlyl, Sponsor /Organization Name: Applicant/Sponsor Address: Address /Location of Event: Local Contact Telephone Num Name of Event: "taL Description of Event:C e t C7 L,16 Date(s) of Event: I 01 :10 4- ©/ a Time(s) of Event: / oo /j00.'L. 0.0 1q Set -up /Tear down dates: (if needed): c`S Am C � Q N C/ �/►� prat Expected Attendance: �b Q Will admission be charged? () Yes (L) Will outside live /recorded music or sound amplification be used? ( Yes - Hours? 41r( ) No Will vendors be at the event? (�s ( ) No How many? If yes, please check the following that apply: Food Alcoholic beverages Soft drinks Arts /Crafts Other (specify) What equipment will be required/used? Check all that apply. Water Electricity Barricades (How Many ?) 3X6 --6 0-5 - 5 - a Emergency # 36(0 - 6 ( ..3 4 , yo / ' ()rW m U1)'c r L �ln o Special Activity Rev: 6 -06 1 \ Trash Cans (How Many ?) Which of the following will be used? Banner Booth c / Temporary Tents Fireworks /Pyrotechnics Temporary Signs Canopy Amusement Rides Portable Restrooms (How Many ?) Other (specify) The following shall accompany this application: Plan submitted to reflect location and number of vendors, parking layout, and sanitary facilities. A letter stating the applicant acknowledges that they are financially responsible for all additional services provided by the City which may include, but are not limited to the following: trash pick up, utilities, code enforcement, law enforcement, etc. Applicant shall provide the City Clerk with a bond or an insurance policy to protect City from liability in form and substance acceptable to City of at least $500,000 if no on -site alcohol consumption is proposed and $1,000,000 if on -site alcohol consumption is permitted and/or pyrotechnics are proposed. Type of organizat' n: Non Profit Charitable For Profit Tax Exempt # O O5 15 F,epe, ra,1 Name of Organization or beneficiary Federal I.D. # Tax # Individual SS # Special Activity Rev: 6 -06 2 If you are requesting City assistance with your event, please describe: L. j q117 Road closures (list street name(s) and date(s) all streets closed for an event must be reopened within 30- minutesp f the end of each day of the event. The applicant shall comply with all requirements contained in Section 21 -37 (Special Activity Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the City of Edgewater Code of Ordinances. If sound amplification is associated with this event, I agree to monitor the sound level so that it remains within the limits of the City Code. If valid noise complaints are received, I agree to reduce that noise to a satisfactory level. I further understand that if reducing the noise does not control citizens' complaints, the source of the noise will be terminated. Signature of applicant: Date: .9 -r �� v20 /c) Special Activity Rev: 6 -06 3 FOR OFFICE USE ONLY POLICE DEPARTMENT APPROVED DENIED DATE COMMENTS /CONDITIONS SIGNATURE: FIRE DEPARTMENT APPROVED DENIED DATE COMMENTS /CONDITIONS SIGNATURE: PLANNING DEPARTMENT APPROVED DENIED DATE COMMENTS /CONDITIONS SIGNATURE: BUILDING DEPARTMENT APPROVED DENIED DATE COMMENTS /CONDITIONS SIGNATURE: CODE ENFORCEMENT APPROVED DENIED DATE COMMENTS /CONDITIONS SIGNATURE: Special Activity Rev: 6 -06 4 VENDOR INFORMATION SHEET (copy sheet for additional vendors) Business Name: - h Lk)oeb Cep, Type of Business: 60 kr% * M , '- Ar y Owner Name: Business Address: al U ck -k r Business Phone Number: L. Ll -13 - S3 Please attach a copy of all applicable state and local licenses. Special Activity Rev: 6 -06 Special Activity Rev: 6 -06 DORAN, SIMS, WOLFE, ANSA Y & KUNDID 1020 West International Speedway Boulevard Daytona Beach, Florida 32114 Telephone: (386) 253 -1111 Facsimile: (386) 253 -4260 MEMORANDUM TO: City Council CC: Tracey Barlow, City Manager FROM: Carolyn Ansay, City Attorney DATE: October 8, 2010 RE: Agreement for Legal Services The City's Agreement for Legal Services with my firm will expire on January 8, 2011. The Agreement, negotiated in December of 2006 and approved by the City Council on January 8, 2007, provides for a term of one year with automatic annual renewals for three years. Thus, the City Council's options now are either to: 1) amend the Agreement to extend the term for an additional term of years or 2) advertise anew for legal services should you desire to explore other options. Section 15 of the City's Purchasing Policy exempts legal services from further solicitation should the Council determine it wishes to retain my firm as the City Attorney by merely extending the duration of the Agreement. A copy of the Agreement is attached for your reference. Please note there have been no amendments to the contract since its inception and all of the original provisions have remained in effect through the term of the Agreement. Each of us at Doran, Sims, Wolfe, Ansay & Kundid have enjoyed representing the City Council and working with City staff these past few years. It would be a privilege to continue representing the City of Edgewater in the future. AGREEMENT FOR LEGAL SERVICES This AGREEMENT is entered into this 8' day of January, 2007, between the CITY OF EDGEWATER, FLORIDA, whose mailing address is P.O. Box 100, Edgewater, Florida 32132- 0100 (hereinafter referred to as the "City "), and DORAN, WOLFE, ANSAY & KUNDID, whose mailing address is P. O. Box 15110, Daytona Beach, Florida 32115 (hereinafter referred to as the "Firm "). WITNESSETH: WHEREAS, the CITY recently requested proposals from qualified law firms to provide services as City Attorney; WHEREAS, the FIRM submitted a proposal deemed acceptable to the CITY; and WHEREAS, the CITY and the FIRM are desirous of entering into a definitive agreement pursuant to which the FIRM will serve as Edgewater City Attorney as more fully set forth herein. NOW THEREFORE, in consideration of the foregoing and the mutual obligations contained herein, the CITY and the FIRM agree as follows: 1. The CITY does hereby retain the FIRM for the purpose of providing legal representation to the CITY as City Attorney. The services rendered under this Agreement are personal to the FIRM and may not be assigned, either directly or indirectly, to any other person or law firm. 2. The FIRM will provide representation and counsel to the CITY for legal services through its attorneys in the FIRM, including but not limited to, Carolyn S. Ansay, Michael Ciocchetti, Theordore R. Doran, Audrie M. Harris, Jason R. Hawkins, Michael A. Kundid, and Aaron R. Wolfe. Carolyn S. Ansay will be the primary attorney contact between the FIRM and the CITY and will be designated as City Attorney for the City of Edgewater. Other attorneys in the FIRM providing legal services may be designated as Assistant City Attorney. Services may include, but are not limited to: a. attendance at City Council meetings, work sessions, executive sessions, and budget hearings upon the request of the City Council/City Administration; b. review and legal research of City Council agenda, resolutions, ordinances, memoranda, opinions, and representations of the CITY; C. review of comprehensive plan amendments, rezonings, and development agreements as needed; ( Agreements /CityAttomey -Ansay -2007) 1 d. preparation of oral or written opinions on legal matters as requested by the City Council and/or City Manager; e. review and comment on contract form(s) between the CITY and independent contractors; f, participation in meetings and/or telephone conferences with the City Manager and/or City Staff as designated by the City Manager, and the provision of legal counsel, as requested; g. keeping the City Council and the City Manager informed of legislation or judicial opinions that have potential impact to the CITY; h. provide legal representation and defense to legal challenges to the CITY's ordinances, if not provided by special counsel; i. performance of other professional duties as may be required. 3. For matters on which the Firm provides services to the CITY, the Firm shall be compensated for the costs and services at the rates set forth in the Compensation Proposal attached hereto as Exhibit "A" and incorporated by reference. On or before June 30t' of each year, the CITY shall review the Compensation Proposal and determine whether any adjustments shall be made. If adjustments are approved, said rates shall become effective on October I' of the new fiscal year. The FIRM agrees to keep and maintain accurate time records showing the time expended by each of its attorneys in representing the CITY under this Agreement. The FIRM will detail on its billing statements specific billing entries on a daily basis showing, at a minimum: legal matter or project reference, invoice number for the particular bill, law firm taxpayer identification number, statement billing period, itemization of the date; hours billed; a concise, meaningful description of the services rendered, with sufficient detail to enable the City to evaluate the services rendered and costs; the person(s) who performed the services for each day during which the Law Firm performed work; and the hourly rate for each attorney or paralegal, a listing of all costs to be reimbursed, and the total of the current bill. A summary of all monthly invoices will also be provided which sets forth the fees and costs for each matter. The minimum billing increment shall be one -tenth of an hour. The CITY will reimburse the FIRM for the following expenses incurred by it in the conduct of legal services on behalf of the CITY; overnight delivery, travel expenses for travel outside of Volusia County (all travel, lodging and meals shall be at rates allowed to public employees under City rules and regulations), court reporters' fees, transcripts, court filing fees, and process service charges, and on -line research costs all without mark -up or multiplier. All invoices submitted for such reimbursements shall contain complete and detailed information supported by appropriate receipts as to the item or charge sought to be reimbursed. The FIRM agrees to submit billing statements to the CITY Paralegal at the address set forth (Agreements /CityAttomey -Ansay -2007) 2 herein for the FIRM's fees, costs, and/or expenses on a monthly basis not later than the fifteenth day of the following month. The CITY agrees to pay each monthly bill within 30 days of receipt. If the CITY has any disagreement about the amount billed, the CITY agrees to advise the FIRM in writing within ten (10) days of receipt of the billing statement. 4. This Agreement shall commence on the date set forth above for a term of one (1) year and shall automatically renew annually for successive one (1) year terms for an additional three (3) years unless either party notifies the other in writing that it does not intend to renew this Agreement for the succeeding year at least thirty (30) days prior to the anniversary date of this Agreement. Both the CITY, upon the vote of the majority of the City Council, and the FIRM reserve the right to terminate this Agreement without cause upon thirty (30) days written notice. 5. The FIRM: will make affirmative efforts to achieve cost effectiveness by utilizing and coordinating work with the CITY's paralegal, limiting travel, using established and acceptable forms, using the appropriate level of attorney or staff experience required for each task, and taking other actions to improve efficiency. 6. The FIRM assures the CITY that it possesses the knowledge and experience relating to the practice of municipal law and the areas in which it has been engaged to provide representation to the CITY. The FIRM assures the CITY of the highest quality of professional services in representing the CITY and the FIRM further agrees to accept no employment which would result in a conflict of interest. 7. In the performance of legal services hereunder, the FIRM is an independent contractor. The assigned attorneys shall not be considered employees, agents or servants of the CITY. The FIRM and assigned attorneys do not have the power or authority to bind the CITY in any promise, agreement or representation other than as specifically provided in this Agreement. 8. This Agreement constitutes the entire agreement concerning employment arrangements between the FIRM and the CITY. This Agreement may not be changed except in writing and as signed by the authorized representatives of the FIRM and the CITY. 9. In the event that any term, paragraph, or provision of this Agreement or its application to any circumstances shall be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Florida. 10. This Agreement shall be governed by and construed under the laws of the State of ( Agreements /CityAttomey -Ansay -2007) 3 LAW FIRM DORAN, WOLFE, ANSAY & KUNDID " 44= Carolyn S. ay Partner Dated: I Z-1 7-9 /0 6 CITY ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATIJR. sy. Susan #. Wadsworth City Clerk Robin L. Matusick Paralegal Approved by the City Council during the Council meeting held on the 8' day of January, 2007 under Agenda Item g A . ( Agreements /CityAttorney -Ansay -2007) 4 EXHIBIT "A" COMPENSATION PROPOSAL We propose to provide services to the City of Edgewater on all matters at the following rates: I. General City Services a) Partners: $200.00 per hour b) Associates: $170.00 per hour C) Paralegals: $50.00 per hour II. Development Review a) Partners: $300.00 per hour b) Associates: $200.00 per hour c) Paralegals: $80.00 per hour �_, Partners and Associates: $100.00 per hour The above rates are inclusive of most costs, both direct and indirect, (i.e., postage, telephone, long distance, facsimile transmissions, and local mileage) with the exception of travel outside of Volusia County and on -line research costs and, if needed, courier services and Federal Express, all of which shall be billed in accordance with the actual charges incurred. ( Agreements /CityAttorney -Ansay -2007) 5 DORAN, WOLFE, ANSAY & KUNDID November 1, 2006 Michael L. Thomas, Mayor Dennis A. Vincenzi, Vice Mayor Debra Jean Rogers, Councilwoman Harriet E. Rhodes, Councilwoman Judith R. Lichter, Councilwoman City of Edgewater 104 North Riverside Drive Edgewater, FL 32132 Re: Proposal to Serve as City Attorney Dear Honorable Mayor and Council: TOLL FREE (888) 301 -3166 EMAIL lawfirmadoraulaw.com REPLY TO: Daytona Beach cansayCadoranlaw.com Please accept this as a formal proposal to provide legal services to the City of Edgewater as City Attorney. My firm's combined expertise makes us uniquely qualified to provide the comprehensive legal services required to meet the varied and complex needs of the City of Edgewater. Our firm specializes in governmental representation and our practice focuses on the areas of local government law, land use and environmental law, administrative law, real property, contracts, and civil litigation. We are the largest law firm in Volusia County with a comprehensive local government law practice and, therefore, have the local knowledge necessary to provide the highest caliber of services to Edgewater. One of our firm's greatest successes has been its achievement and distinction in representing a multitude of governmental entities and agencies, as more fully described in the attached proposal. Through our experiences in representing these clients, we have developed an acute sensitivity to the legal, political and public relations aspects of governmental representation. Indicative of our firm's ability to respond quickly to the needs of a client, I was appointed as Interim City Attorney to the City of New Smyrna Beach in 2004 after it parted with its in -house counsel after 17 years. The City Manager contacted me the morning after the termination to take over immediately and serve until a new in -house replacement was hired. During the six months in which I served as Interim City Attorney, I handled the legal issues related to both the approval and denial of many comprehensive plan amendments, rezonings, annexations and other complex land use issues. ATTORNEYS A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 4 SEABREEZE BOULEVARD, SUITE 800 DAYTONA. BEACH, FLORIDA 32118 CAROLYN S. ANSAY MICHAEL C10CCHETTI DATrowA BNAc r Orrrcx: Waar PAzx R—cm Orrlc=; THEODORE R. DORAN POST OFFICE BOX 15110 515 N. FLAGLER DRIVE AUDRIE M. HARRIS DAYTONA BEACH, FL 32115 SUITE 300 PAVILION JASON R. HAWKINS (386) 253 -1111 WEST PALM BEACH, FL 33401 MICHAEL A. KUNDID FACSIMILE (.386) 253 -4260 (561) 802- 331 AARON R. WOLFE November 1, 2006 Michael L. Thomas, Mayor Dennis A. Vincenzi, Vice Mayor Debra Jean Rogers, Councilwoman Harriet E. Rhodes, Councilwoman Judith R. Lichter, Councilwoman City of Edgewater 104 North Riverside Drive Edgewater, FL 32132 Re: Proposal to Serve as City Attorney Dear Honorable Mayor and Council: TOLL FREE (888) 301 -3166 EMAIL lawfirmadoraulaw.com REPLY TO: Daytona Beach cansayCadoranlaw.com Please accept this as a formal proposal to provide legal services to the City of Edgewater as City Attorney. My firm's combined expertise makes us uniquely qualified to provide the comprehensive legal services required to meet the varied and complex needs of the City of Edgewater. Our firm specializes in governmental representation and our practice focuses on the areas of local government law, land use and environmental law, administrative law, real property, contracts, and civil litigation. We are the largest law firm in Volusia County with a comprehensive local government law practice and, therefore, have the local knowledge necessary to provide the highest caliber of services to Edgewater. One of our firm's greatest successes has been its achievement and distinction in representing a multitude of governmental entities and agencies, as more fully described in the attached proposal. Through our experiences in representing these clients, we have developed an acute sensitivity to the legal, political and public relations aspects of governmental representation. Indicative of our firm's ability to respond quickly to the needs of a client, I was appointed as Interim City Attorney to the City of New Smyrna Beach in 2004 after it parted with its in -house counsel after 17 years. The City Manager contacted me the morning after the termination to take over immediately and serve until a new in -house replacement was hired. During the six months in which I served as Interim City Attorney, I handled the legal issues related to both the approval and denial of many comprehensive plan amendments, rezonings, annexations and other complex land use issues. City of Edgewater November 1, 2006 Page 2of3 I handled two bond referenda for the financing of police and fire stations, an emergency operations center, public sidewalks, city offices and public works facilities. As a result of the impacts of two hurricanes during my tenure as Interim City Attorney, I prepared all the necessary ordinances for implementation of a local state of emergency and worked with FEMA on contracts related to reimbursement for the costs of debris removal. I also represented the city on issues related to its municipal -owned golf course, marina, industrial park, and airport. In our firm's representation of local governments, including New Smyrna Beach and Ponce Inlet, and the school boards of Volusia County and Monroe County, we have served as litigation counsel in both state and federal courts in numerous cases. We have successfully defended a municipality in litigation under the Bert J. Harris Act and takings law based upon height and other land use constraints. We also successfully resolved a constitutional attack on an adult entertainment ordinance. Over the years, we have prepared and revised numerous ordinances, land use and development code provisions and personnel rules and regulations. We have negotiated and drafted contracts for the hiring of senior -level staff. We have counseled governmental clients in employee terminations and conflicts of interest of council members. We have restructured a municipal retirement plan when it was shifted from the League of Cities to the Florida Retirement System. We established a land acquisition program. We are seasoned in representing all types of municipal boards and commissions, including those related to code enforcement, planning and zoning, historic preservation, land acquisition, and parks and recreation. Much of our work with our public sector clients involves contracting matters, such as developing interlocal agreements and drafting RFPs, RFQs and RFBs. We have assisted local governments with the hiring of experts, including consultants and engineers, for governmental projects and with negotiating their contracts. Of course, all of our counseling of government bodies requires full knowledge and discernment of Florida's sunshine and public records laws as governed by § 286.011 and Ch. 119, Florida Statutes (2005). Although I would personally serve as City Attorney if our firm is selected, Michael Ciocchetti would also actively participate in the representation. Mr. Ciocchetti currently provides the bulk of our services as attorney to the Town of Ponce Inlet. The City of Edgewater would also benefit from the tremendous local government expertise of the other attorneys in my firm. Most are actively engaged in representing municipal interests at all levels and are experienced in the day to day representation of local governments, including direct interaction with municipal staff at all levels. Our law firm has experts in nearly every area of law and is capable of handling nearly any complex legal matter. We have state of the art research capabilities and technological resources. Our research library contains both online Westlaw access and other very sophisticated specific software that allows our City of Edgewater November 1, 2006 Page 3 of 3 lawyers to provide legal analysis that is as thorough and up to date as today's technology allows. Most importantly, we employ a highly talented and trained staff. We are sensitive to the financial constraints that small municipalities face. Our philosophy has been to offer proactive legal services to avoid unneeded litigation. However, we understand that court action is sometimes necessary and are prepared to aggressively litigate when directed. We are reasonable in our hourly rates and careful in our billing practices, while at the same prepared to devote the necessary time and resources to the City of Edgewater. We will always act promptly and efficiently. Overall, our firm's local government law experience and knowledge is vast and we are sensitive to the unique needs of public sector entities. Thank you for the opportunity to express our interest in and qualifications for providing legal services to the City of Edgewater. Should you have any questions, please do not hesitate to contact me. I appreciate your consideration. CSA:kI cc: Jon Williams, City Manager Susan J. Wadsworth, City Clerk TABLE OF CONTENTS FirmProfile .................................... ..............................1 Areasof Law ................................... ..............................2 Significant Public Sector Issues .................... ............................... 8 Clients......................................... .............................11 Attorneys (Resumes) ............................. .............................12 CarolynS.Ansay .......................... .............................13 Michael Ciocchetti ......................... .............................15 TheodoreR. Doran ......................... .............................17 Aaron R. Wolfe ........................... .............................19 Michael A. Kundid ......................... .............................21 Audrie M. Harris .......................... .............................22 Jason R. Hawkins .......................... .............................25 References..................................... .............................26 Compensation Proposal ........................... .............................27 Ted Doran Carolyn Ansay Mike Cioechetti Aaron Wolfe Mike Kundid Audrie Harris Jason Hawkins Our firm consists of seven attorneys, a firm administrator and eight staff members operating from two offices and providing legal services across the State of Florida. Our firm maintains an AV rating by Martindale - Hubbell; the "A" as the highest rating for legal ability and the "V" for distinct adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities. Martindale - Hubbell describes an AV rating as demonstrating "that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity." Only 21% of attorneys in private practice in the United States have accomplished an AV rating. We are proud of the reputation we have established across the state and judge our distinction as the preferred counsel for many state, county and local governments and agencies as one of our greatest successes. Our firm handles legal matters in the following practice areas: Administrative, Bankruptcy, Business Law, Civil Practice, Code Enforcement, Collections, Commercial Law, Commercial Real Estate, Construction Law, Contract Law, Corporate Law, Education Law, Environmental Law, Estate Planning, Family Law, Federal and State Litigation, Government False 'Claims Act, Government Tort Liability, Insurance Defense, Land Use and .Zoning, Liquidations, Matrimonial Law, Mediation, Municipal Law, Partnership Law, Personal Injury, Probate, Public Procurement, Qui Tam Litigation, Real Estate, Receiverships, and Trusts and Estates. 1 AREAS OF LAW Administrative Law Our attorneys have a tremendous amount of administrative law experience. We have represented both private and governmental clients in a variety of matters in administrative proceedings and are well - versed in the Administrative Procedures Act. Specifically, we have represented many public sector clients before DOAH in cases involving the defense of construction bid protests related to major capital projects and we have established the jurisdictional boundaries of the Florida Building Commission based on Writ of Prohibition proceedings in the First District Court of Appeal. Civil Rights Law We have defended governmental entities against claims of unlawful retaliation in violation of the First Amendment, equal protection violation under the Fourteenth Amendment, unlawful searches in violation of the Fourth Amendment, substantive due process, procedural due process, and equal protection. These actions have taken us before the United States District Court, the Federal Court of Appeal, United States Supreme Court, various state circuit and appellate courts and the Florida Supreme Court. We also successfully represented the State of Florida in the Willie Mathews case, the sister case to the highly publicized Valdez case, which arose out of the death of an "X- Wing" inmate in the Florida State Prison. We are currently defending the State of Florida against a claim of age discrimination and we have successfully defended a school district in Title VII, Sexual Harassment claims. Code Enforcement Our firm has represented code enforcement boards and has served as the prosecuting attorney for municipalities in code cases. We also currently serve as a code compliance magistrate to a municipality. We have represented local governments in appeals of code decisions based upon petitions for the writ of certiorari at both the circuit and appellate court levels. We have drafted and interpreted numerous code provisions related to a wide array of subject matters in jurisdictions across the state. 2 AREAS OF LAW (CONTINUED) Constitutional Law In our representation of our various public sector clients, we have successfully defended claims alleging that particular statutes or ordinances are unconstitutional. Specifically, in recent years we defended against the constitutional attack on a municipality's short-term rental ordinance, wherein there were allegations that the ordinance violated the right to privacy, equal protection, due process, and equal access to public trust lands, and represented another municipality in federal court in a suit brought by an adult entertainment establishment which claimed the city's adult entertainment ordinance was unconstitutional on its face and as applied. We currently represent several Florida school districts before the First District Court of Appeal on Article IX Section 1 claims. Contract Law The attorneys in our firm have been involved in the negotiation and preparation of numerous contracts on behalf of our governmental and private clients. Our experience ranges from the simplest agreements designed to retain the services of outside consultants to the most sophisticated and complicated multiple -party interlocal agreements under Chapter 163, Florida Statutes. We are sensitive to an attorney's role in working with staff and experts in negotiating contracts. We are creative and have the ability to ensure a contract's provisions meet the needs of our client. Construction Law We have been very involved in public sector construction law on behalf of numerous governmental entities. We have assisted clients with the initial conception and planning of projects, the negotiation of contracts, the preparation of bids, and the resolution of construction disputes. We have defended our governmental clients in litigation that resulted from public sector contracts and construction contracts specifically related to construction of major capital facilities. As a full - service law firm, we are uniquely positioned to handle the diverse challenges concomitant with construction, including taxation issues, project finance issues, environmental regulations, surety and bond claims and licensing issues. Our range of experience allows us to solve our client's problems quickly and deliver cost - effective solutions during all phases of the construction process. AREAS OF LAW (CONTINUED) Eminent Domain Our attorneys have the knowledge and experience to guide our governmental clients through all aspects of the law regarding real property. We have successfully counseled governments in the acquisition, disposition and management of real property, drafting and negotiating leases, obtaining easements, and litigating all property disputes. Our firm's philosophy in regard to real property disputes is to make the best attempt to reach resolution of the matter without necessitating needless litigation. This philosophy is especially relevant in the context of eminent domain actions where the property owner may be entitled to reimbursement of their attorney's fees by the governmental entity if the litigation is pursued. With our firm's ability to handle negotiations in an efficient and streamlined manner, we have been able to avoid our client's use of its eminent domain power on numerous occasions. In doing so, we have saved our clients valuable time and money. In the event the use of eminent domain is necessary, our attorneys have the knowledge and expertise to reach favorable results for any real property related disputes of our governmental clients. Environmental (State and Federal) One of our greatest strengths is our representation of governmental clients in both state and federal environmental matters. From water and wetlands issues to hazardous waste, we have successfully assisted our governmental entities through numerous environmental matters. We are familiar with the regulatory structure and science related to environmental matters and are fully able to handle any matter facing the City of Edgewater. Inverse Condemnation We have successfully defended various governmental entities in property rights actions brought under the Bert J. Harris Act and based upon inverse condemnation and federal takings law. With the realization that often times litigation can impede the progress of development, our attorneys efficiently dispose of these claims and pave the way for our governmental clients to meet the needs of their constituents. rd AREAS OF LAW (CONTINUED) Land Acquisition We have represented several municipal clients in complex land acquisition efforts for ultimate uses ranging from land preservation to sites for public facilities. We have experience with real property management issues and dispute resolution in all types of acquisition and development projects. Beyond acquisition, we have successfully counseled governments in the disposition and management of real property, drafting and negotiating leases, obtaining easements, and litigating all types of property disputes. Legislative Representation Through our representation of local governments we have been involved in numerous legislative endeavors. We have drafted proposed bills and worked cooperatively with other governmental entities in legislative advocacy. We continually monitor pending legislation and update our municipal clients on issues of regional impact and interest. Liti ag tion Our firm serves as litigation counsel for local governments in land use disputes and challenges to ordinances, charters and comprehensive plan amendments. Over the years we have provided a wide array of litigation services to numerous state governmental entities as well. We have successfully defended our various state and local government clients in over 100 cases, with aggregate claims in the hundreds of millions of dollars; oftentimes we obtained dismissals or summary judgment in the early stages of litigation. We recently prevailed on an $18 million jury verdict in a breach of contract claim brought in Leon County on behalf of the State of Florida. Locally, we recently successfully defended against a constitutional attack on a short-term rental ordinance wherein there were allegations that the ordinance violated the right to privacy, equal protection, due process, and equal access to public trust lands. We also represented a municipality in a suit brought in federal court by an adult entertainment establishment questioning the constitutionality of the city's adult entertainment ordinance. Just days ago we received a final order from the Seventh Judicial Circuit Court authorizing the demolition of an unsafe structure, a suit which we have handled since the initial code enforcement board hearing, through various appeals, even to the First District Court of Appeal in Tallahassee. We also have specific experience in an area which has become a weighty issue facing communities throughout the state: building height restrictions. In recent years we successfully defended a challenge to a municipal charter provision restricting building heights. E AREAS OF LAW (CONTINUED) Ordinances/Resolutions Our firm has drafted and rewritten innumerable municipal ordinances and land use and development code provisions including, but not limited to, those pertaining to rental of dwellings, noise, signage, building heights, water conservation, uniform elections, council vacancies, public service taxation, building standards, prohibition of gambling vessels, and civil hearing officer traffic program. We recently drafted an adult entertainment ordinance to meet § $47.0134, Fla. Stat. (2006) and other constitutional and legal considerations and defended the constitutionality of the ordinance in a suit brought by an adult entertainment establishment. We have also been called upon to give legal analysis of existing ordinances and charter provisions and then legally defend or rewrite/ amend the law to conform with state and federal law and constitutional provisions or evolve to modern thought and necessity. Personal Injy Defense Throughout our firm's history, we have defended various civil claims filed against our governmental clients in both state and federal court. Often times we have been able to resolve these claims pre-suit or via alternative dispute resolution avenues such as mediation and/or arbitration. However, in the event a claim proceeds through trial, our attorneys are highly capable, confident and aggressive in obtaining a favorable result for our clients. Our track record is demonstrative of our firm's ability to competently handle all aspects of litigation. Our firm was highly successful in the defense of a claim that is widely considered to be the largest tort claim ever brought by an individual plaintiff against the State of Florida. At the end of the case, our client paid nothing to the plaintiff, whereas, the other named defendant ultimately settled with the plaintiff for 17.5 million dollars. At the time, this settlement was the largest settlement in Florida history involving a single personal injury plaintiff. Another one of our governmental clients has paid nothing on an aggregate of claims totaling approximately $67 million dollars. Personnel Our firm has represented numerous public sector personnel matters. We have restructured a municipal retirement plan and are familiar with the issues associated with the Florida Retirement System as well as the retirement plans offered by the Florida League of Cities. Additionally, we have been involved in the hiring and termination of public sector administrators, including negotiating settlements related to contractual buy outs. We have written the personnel rules for governmental entities and have issued legal opinions on many other personnel issues. ON AREAS OF LAW (CONTINUED) PlanninAand Use /Zoning Our firm has a tremendous amount of public sector land use and zoning experience. We have represented municipalities in the midst of explosive growth phases and dealt with some of the most complicated land use issues possible under the circumstances. We have also dealt with major planned unit developments, consisting of everything from marinas to golf courses. We have handled numerous rezoning matters, annexations, implementation of impact fees and special assessments, development agreements and amendments to development agreements, comprehensive plan amendments and litigation. We routinely provide legal opinions on ordinances, including those dealing with setbacks and height limitations. We are well versed in the complex analysis associated with claims for takings and violations of the Bert J. Harris Act and have analyzed and rewritten numerous land use and development code provisions as well as assisted a municipality in imposing building moratoria. PurchasinglFinanciaVinsurance Requirements On behalf of our government clients, we have drafted RFPs, RFQs, and RFBs for major capital projects and services rendered by various consultants, surveyors, engineers, contractors and other providers. We have shepherded our government clients through the myriad of processes set forth in the Consultants Competitive Negotiations Act and have negotiated and drafted significant contracts for these types of services. We have also represented our governmental clients when disputes arose in the procurement process. We have a statewide reputation for drafting interlocal agreements for governmental entities for joint services and projects, including major capital projects. We have also drafted numerous purchasing manuals and rules for governmental clients to use during the public procurement process. We also are very familiar with, and routinely provide counsel on, financial and insurance requirements in the public procurement process. Public Records/Sunshine /Ethics All of the attorneys in our firm spend a great deal of time representing governmental entities and are, therefore, very comfortable in the demanding environment that sometimes results in public forums. We are conversant in the technical requirements of public records, sunshine law and ethics laws. We have rendered numerous opinions in each of these areas to both elected and appointed officials and staff and have defended these same officials in times of challenge. 7 SIGNIFICANT PUBLIC SECTOR ISSUES Our firm has handled a tremendous number of significant local government issues relevant to the tasks likely to be encountered by the City of Edgewater, including, but not limited to: ► handling massive public sector litigation ranging from cases associated with FEMA to property rights disputes to civil rights and personal injury suits; ► handling all legal issues related to rezonings, development agreement amendments and litigation, comprehensive plan amendments and annexations; ► imposing temporary building and sign moratoria; ► rewriting numerous municipal ordinances and land use and development code provisions including, but not limited to, those pertaining to noise, signage, adult entertainment, building heights; ► rewriting of municipal and other personnel rules and regulations; ► preparing numerous RFPs, RFQ's and RFBs for procurement of numerous outside experts and consultants, including those falling within the parameters of the Consultants' Competitive Negotiation Act, §287.055, Florida Statutes (2006); ► negotiating and preparing contracts for numerous outside experts and consultants, including those falling within the parameters of the Consultants' Competitive Negotiation Act, §287.055, Florida Statutes (2006); ► initiating condemnation proceedings; ► handling the hiring and termination proceedings of municipal staff, ► negotiating and purchasing property for new city building; ► facilitating the change of a municipal retirement plan and drafting all relevant documents related to the change; ► creating and representing a Charter Review Committee for review and revision of municipal charter; ► prosecuting code enforcement cases on behalf of a municipality; ► preparing draft legislation and working with lobbyists to promote legislative change; ► providing day -to -day representation ofa municipal Planning Commission and Board of Adjustments; 8 SIGNIFICANT PUBLIC SECTOR ISSUES (CONTINUED) ► creating a municipal Land Acquisition Program; ► handling legal aspects resulting from the indictment of a municipal building official for official misconduct; ► handling the issues associated with the destruction of wetlands on public property; ► rendering regular legal opinions on Sunshine Law issues and public records disputes; ► defending the State's largest liability claim which sought damages totaling $25 million such that the state paid nothing on the claim; ► successfully defending a school board in a sexual harassment suit without the payout of either costs or damages; ► defending the state in a case involving personal injuries sustained by visitors at a public park, without the payout of either costs or damages; ► successfully defending a municipality in federal litigation brought by residents under Federal False Claims Act, 31 U.S.C. § 3730(b)(2) seeking $56,630,000 without the payout of either costs or damages; ► drafting an Interlocal Agreement creating a consortium of 14 local governments for the creation of alternative water supplies; ► drafting the Interlocal Agreement creating, and representing generally, a consortium of 7 local governments working together on wastewater issues and seeking common solutions to increased watershed protection in and around Lake Okeechobee; ► coordinating and negotiating with DEP regulatory offices and the Division of Title and Land Records for reclassification of the official legal description for sovereign submerged lands in and around a redeveloping marina; ► representing the state in its role as receiver of a failed insurance fund involving over 1400 former insureds and hundreds of claimants throughout the state of Florida; collection of over $10 million in assessments over a two year period; ► drafting letters of denial to charter school applicants and representation of school board before State Board of Education on appeal; successfully defending appeal; orders upholding school board's denial of charter applications entered March of 2005; E SIGNIFICANT PUBLIC SECTOR ISSUES (CONTINUED) ► application of Administrative Procedures Act on behalf of school board in bid protest brought by contractor; ► defense of school board in breach of contract suit brought by contractor; motion to dismiss successful; case still pending in Circuit Court; ► negotiation and drafting of employment contracts for board executives and municipal employees, including genesis of intricate incentive terms; ► representation of two school boards against state legislators and Department of Education in action brought for erroneous change in methodology used to calculate district cost differential which errors resulted in a collective loss of $30 million FY 2004 -2005 and nearly $100 million FY 2005 -2006; three day trial before Second Judicial Circuit, Leon County resulted in ruling against school boards; this case is now on appeal to the First District Court of Appeal; representation of State of Florida as Receiver in action for breach of contract against California based medical malpractice insurer; three day trial resulted injury verdict for the state in the amount of $18 million; drafting of adult entertainment ordinance to meet § 847.0134, Fla. Stat. (2006) and other constitutional and legal considerations; defense of ordinance and city in federal suit brought by adult entertainment establishment; defended suit brought in U.S. District Court, Middle District of Florida by adult entertainment establishment claiming ordinance was unconstitutional; and successful defense against the constitutional attack on a short-term rental ordinance, wherein there were allegations that the ordinance violated the right to privacy, equal protection, due process, and equal access to public trust lands. 10 CLIENTS The following list comprises some of the governmental entities which our firm has represented or currently represents: City of New Smyrna Beach, Florida Town of Ponce Inlet, Florida City of Stuart County of Brevard, Florida Volusia County Supervisor of Elections School Board of Volusia County, Florida Volusian Water Alliance (consortium of 17 local governments dedicated to alternative water supply) Water Authority of Volusia (consortium of 14 local governments dedicated to water supply planning) School Board of Monroe County, Florida School Board of Putnam County, Florida Treasure Coast Regional Utilities Organization (Martin County, St. Lucie County, City of Stuart, City of Fort Pierce, and Town of Jupiter Island) Florida Department of Agriculture and Consumer Services Florida Department of Environmental Protection Florida Department of Children and Family Services Florida Department of Financial Services, Division of Risk Management Florida Department of Financial Services, Division of Rehabilitation and Liquidation Florida Department of Juvenile Justice Florida Department of Transportation Florida Department of Corrections 11 ATTORNEYS The following pages comprise the resumes of Ms. Ansay and Mr. Ciocchetti who will share responsibility for the bulk of the legal services rendered to the City of Edgewater. Should circumstances warrant the specialized counsel of our other attorneys, their resumes are also presented here for your reference. 12 CAROLYN S. ANSAY EXPERIENCE DORAN, WOLFE, ANSAY & KUNDID Associate March 1 997 to August 1998 Partner August 1998 to March 1999, April 2000 to Present Private practice with an emphasis on local government law, land use, environmental law, government contracts and civil litigation. Representative clients include local governments, state governmental agencies, several consortia of local governmental entities, and numerous private clients with environmental, land use and governmental relations concerns. DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast District West Palm Beach, Florida March 1999 to April 2000 Program Administrator Senior -level management and supervisory position responsible for administering the Southeast District's Office of Environmental Affairs. Responsible for overseeing staff devoted to intergovernmental coordination, Lake Okeechobee and Everglades restoration, pollution prevention, media affairs, and major environmental problem - solving and permitting controversies. FLORIDA ATLANTIC UNIVERSITY Environmental MBA Program Boca Raton, Florida Adjunct Professor Focus on land use and environmental law within the Environmental Master of Business Administration Program EMBRY- RIDDLE UNIVERSITY Daytona Beach, Florida Adjunct Professor Focus on land use and environmental law. AMERICAN BAR ASSOCIATION Section of Natural Resources, Energy and Environmental Law August 1995 to August 1996 National Liaison National representative on environmental, utility and natural resources issues. 13 EDUCATION University of Florida College of Law Gainesville, Florida Degree Conferred: Juris Doctor, With Honors, December, 1996 American Bar Association National Liaison to Section of Natural Resources, Energy and Environmental Law, 1995 -96 Environmental Law Society President, 1994 -95 Environmental Moot Court Selection Committee, 1995 Public Interest Environmental Conference Board Member, 1994 -96 Book Award: Legal Research and Writing, Spring 1994 Book Award: Property, Fall 1994 University of Miami Coral Gables, Florida Degree Conferred: Bachelor of Arts, With Honors, May, 1993 Major: Economics Minor: Management Member of the Honors Program Master Tutor Program Study Abroad at the University of Wollongong, NSW, Australia PROFESSIONAL The Florida Bar, Environmental and Land Use Law and City, AND CIVIC County and Local Government Law sections ASSOCIATIONS Palm Beach County Bar Association United States District Court, Southern, Middle and Northern Districts of Florida United States Court of Appeals, Eleventh Circuit Palm Beach County League of Cities Palm Beach County Environmental Appeal Board 14 MICHAEL CIOCCHETTI EXPERIENCE DORAN, WOLFE, ANSAY & KUNDID Daytona Beach, Florida December 2003 to Present Associate Attorney specializing in the representation of governmental clients including service as associate counsel for the School Board of Volusia County; associate special counsel for the School Board of Monroe County; Assistant Town Attorney for the Town of Ponce Inlet, Florida; and appearance as amicus curiae on behalf of sister school boards. Well versed in all areas of general board representation, including: governmental procurement; education finance litigation; charter school matters; comprehensive planning and growth management; land use planning; construction law; alternative dispute resolution; real estate transactions; and contract law. PINELLAS COUNTY ATTORNEY'S OFFICE Clearwater, Florida Spring 2003 Student Intern/Civil Government Clinic conducted extensive research on a multitude of issues, including land use planning, annexation, and environmental matters. STEWART LAW GROUP Tampa, Florida February 2002 to September 2002 Law Clerk attended hearings, depositions and meetings. Researched legal issues utilizing Westlaw, Lexis and legal texts. PARTNER FAMILY REAL ESTATE BUSINESS Daytona Beach, Florida Organization of adjoining property owners to form large -scale development sites. Negotiation with several internationally recognized development companies regarding possible acquisition of sites. 15 EDUCATION Stetson University College of Law St. Petersburg, Florida Degree Conferred: Juris Doctor, May 2003 Recipient- American Bankruptcy Institute Medal Award ABA - Law Student Division, member Stetson Student Bar Association, member Stetson University School of Business Administration Deland, Florida Degree Conferred: Master of Business Administration, May 2003 University of Florida Gainesville, Florida Degree Conferred: B.A. with Honors, 2000 Major: Political Science Minor: Criminology Business Law Undergraduate Assistant, 1999 -2000 Phi Alpha Delta, 1998 -2000 Pre-Legal Honor Society, 1998 -2000 Summer Semester Study Abroad, 1999; studied religion and art history in Florence, Naples, Rome, Tivoli, Venice, and Verona ACCENT, 1997 - 1.998; assisted in bringing prominent speakers to campus PROFESSIONAL The Florida Bar ASSOCIATIONS United States District Court, Middle District of Florida United States Court of Appeals, Eleventh Circuit The Volusia County Bar Association COMMUNITY Daytona Beach Young Professionals, Founder INVOLVEMENT Board of Directors (2004- present) 16 THEODORE R. DORAN EXPERIENCE DORAN, WOLFE, ANSAY & KUNDID July 1986 to Present Founding Partner Private practice founded in 1986. Managing Partner Extensive experience in civil litigation and the representation of governmental entities on complex and substantial issues. Representative clients include the Town of Ponce Inlet, Department of Financial Services, Volusia County School Board. LEONHARDT & UPCHURCH Daytona Beach, Florida July 1982 to July 1986 As sociate Practice focused on civil litigation and substantial commercial and corporate transactions. OFFICE OF THE STATE ATTORNEY EIGHTH JUDICIAL CIRCUIT Gainesville, Florida Fall 1981 Senior Intern Prosecuted criminal cases in the Eighth Judicial Circuit. EDUCATION University of Florida College of Law Gainesville, Florida Degree Conferred: Juris Doctor, 1982 Florida State University College of Law Tallahassee, Florida Degree Conferred: B.S. in Criminology and Sociology, minor in Government, 1978 GOVERNMENT General Counsel, School Board of Volusia County, Florida, APPOINTMENTS 2002 — Consulting Attorney, School Board of Monroe County, Florida, 2005 — Town Attorney, Town of Ponce Inlet, Florida, 2000 -- General Counsel, In re the Receivership of Caduceus Self Insurance Fund, 2000 — Consulting Attorney, Florida Department of Financial Services, 1 996 — Consulting Attorney, Supervisor of Elections, 2004, 2005 17 PROFESSIONAL The Florida Bar ASSOCIATIONS Volusia County Bar Association United States District Court, Middle District of Florida United States Court of Appeals, Eleventh Circuit Florida School Board Attorneys Association REPORTED CASES Bartolucci v. McKay, 428 So. 2d 378 (Fla. 5th DCA 1983) The Estate of Grant v. Irick, 433 So. 2d 681 (Fla. 5th DCA 1983); Morris v. Morris, 743 So. 2d 81 (Fla. 5th DCA 1999); James v. County of Voluvia, 683 So. 2d 555 (Fla. 5th DCA 1996); Ingrahm v. Ingrahm, 711 So. 2d 1346 (Fla. 5th DCA 1998); Hirsch v. DiGaetano, M.D., 732 So. 2d 1177 (Fla. 5th DCA 1999); Hirsch v. Clower & Demming, 759 So. 2d 720 (Fla. 5th DCA 2000); Patel v. School Board of Volusia County, Florida, 813 So.2d 135 (Fla. 5th DCA 2002); Town of Ponce Inlet, Florida v. Dragomirecky, 884 So. 2d 408 (Fla. 1 st DCA 2004); Dragomirecky v. Town of Ponce Inlet, Florida, 882 So. 2d 495 (Fla. 5th DCA 2004); Soterakis v Soterakis, 2005 WL 2396610 (Fla. 5th DCA September 30, 2005); Volusia Academies of Excellence, Inc. Elementary School v. School Board of Volusia County, No. 2004 - 1031 -F0I (Fla. State Bd. of Education, 2005); Volusia Academies of Excellence, Inc. Middle School v. School Board of Volusia County, No. 2004-103 0-F01 (Fla. State Bd. of Education, 2005). 18 EXPERIENCE DORAN, WOLFE, ANSAY & KUNDID May 1994 to Present Partner Private practice with emphasis on commercial litigation with a concentration in creditors' rights and bankruptcy. Extensive experience in all aspects of commercial litigation. Handled numerous cases for the State of Florida Department of Financial Services, including taking an active role in defending one of the largest cases ever brought against the state. FOSTER & KELLY Orlando, Florida January 1990 to May 1994 Litigation Associate Ten attorney firm engaged in the practice of commercial litigation. Practiced in the area of complex commercial litigation with a concentration in creditors' rights and bankruptcy. Representative clients included GMAC, Barnett Bank, Mercedes - Benz Credit, First Union National Bank, and OR.IX Credit Alliance. Represented finance companies in all aspects of state and federal court commercial litigation: suits for breach of leases, guaranties, and other contracts, as well as replevins and post judgment collection matters. Gained significant experience in representing secured creditors in bankruptcy court, including adversary proceedings, stay litigation, cash collateral and other creditor motions. AKERMAN, SENTERFITT & EIDSON Orlando, Florida August 1988 to January 1990 Litigation Associate Worked directly with the head of commercial litigation department at one of the state's largest and fastest growing firms. Experience included handling complex commercial litigation involving numerous parties and millions of dollars in damages. Representative clients included SunTrust, Ford and Sears. Also gained experience in the area of creditors' rights and bankruptcy. Also involved in foreclosures, replevins, suits on notes, representation of creditors in bankruptcy and general collection matters. Also gained significant experience in researching and writing memoranda and motions in the area of commercial litigation. 19 EDUCATION Florida State University College of Law Tallahassee, Florida. Degree Conferred: Juris Doctor, with honors, 1988 Class Rank: 28 out of 168 (top 15 %) Florida State University Law Review Member, 1986; Articles and Notes Editor, 1987 LSAT 41 (93` percentile) United States Merchant Marine Academy Kings Point, New York Degree Conferred: B.S., Nautical Science, 1985 PROFESSIONAL The Florida Bar ASSOCIATIONS Volusia County Bar Association United States District Court, Middle District of Florida 20 MICHAEL A. KUNDID EXPERIENCE DORAN, WOLFE, ANSAY & KUNDID Associate June 1998 to August 2004 Partner August 2004 to Present Private practice with an emphasis in estates and trusts, civil litigation and real estate. Licensed Real Estate Broker PRUGH & ASSOCIATES, P.A. Tampa, Florida Summer 1995, 1996 (Law clerk) November 1997 to May 1998 Associate Private practice with an emphasis on civil litigation. SEA DUNES APARTMENTS Daytona Beach, Florida 1980- Present Owner /Manatter CENTURY 21, A.H. STONE & ASSOCIATES Ormond Beach, Florida 1991 -1994 Broker /Salesperson RAYMOND, JAMES & ASSOCIATES Daytona Beach, FL 1980-1981 Stockbroker EDUCATION Florida State University College of Law Tallahassee, Florida Degree Conferred: Juris Doctor with Honors, May 1997 Academic Achievement (Book) Award in Banking Law Florida State University Tallahassee, Florida Degree Conferred: Bachelor of Science, June 1978 Major: Finance Dean's List, Fall 1976 Scholarship Player, FSU Basketball Team , 1974 -1978 PROFESSIONAL The Florida Bar, Real Property, Probate, Trust Law Section ASSOCIATIONS Volusia County Bar Association United States District Court, Middle District of Florida 21 AUDRIE M. HARRIS EXPERIENCE DORAN, WOLFE, ANSAY & KUNDID Daytona Beach, Florida August 2003 to February 2005 October 2005 to present Attorney specializing in the representation of governmental clients including service as associate counsel for the School Board of Volusia County; associate special counsel for the School Board of Monroe County; Assistant Town Attorney for the Town of Ponce Inlet, Florida; associate counsel for the Water Authority of Volusia; and appearance as amicus curiae on behalf of sister school boards. Well versed in all areas of general board representation, including: governmental procurement; education finance litigation; charter school matters; comprehensive planning and growth management; land use planning; construction law; alternative dispute resolution; real estate transactions; and contract law. MOPE, O'BRIEN, O'ROURKE, PICKERT & MARTIN Maitland, Florida February 2005 to October 2005 Attorney specialized in the practice of construction litigation by assisting clients with the negotiation of contracts; preparation of bids; and resolution of construction disputes, including surety and bond claims and licensing disputes. Representative clients included Centex Homes, PCL Construction Services, Inc., Balfour Beatty Construction, and the Golden Gate Bridge District. SEVENTH JUDICIAL CIRCUIT DeLand, Florida March 2000 to August 2003 Judicial Staff Attorney reviewed appeals, researched and resolved post conviction motions, and pretrial. motions (civil, criminal and probate); advised various circuit court judges in these areas and drafted appellate opinions, post conviction orders, final judgments and various other orders and legal memoranda. 22 ST. PETERSBURG COURTHOUSE LAW LIBRARY St. Petersburg, Florida Fall 1998 to February 2000 (1 -2 days a month) Library Student Assistant assisted pro se litigants and attorneys in researching various areas of the law. ST. PETERSBURG CITY ATTORNEY'S OFFICE St. Petersburg, Florida Fall 1999 Student Intern Civil Government Clinic conducted extensive research on a multitude of issues, including employment discrimination and personal injury, and advised public officials regarding same. ATHANASON & ATHANASON, P.A. St. Petersburg, Florida July 1999 to November 1999 Law Cle rk: conducted client interviews; worked with insurance companies in establishing and proving personal injury claims and the payment of same; and researched and prepared cases for trial. DOMINIC E. AMADIO, P.A. St. Petersburg, Florida April 1999 to November 1999 Student Clerk researched and advised in a number of areas, including family law, personal injury, contract law, municipal law and probate. JUDGE FLEMING, FAMILY DIVISION St. Petersburg, Florida Fall 1998 Student Intern researched, advised and drafted orders on several family law issues from antenuptial agreements to child custody matters. EDUCATION Stetson University College of Law St. Petersburg, Florida Degree: Juris Doctor Stetson University DeLand, Florida Degree: B.A., Political Science 23 PROFESSIONAL The Florida Bar ASSOCIATIONS The Volusia County Bar Association United States District Court, Middle District United States Court of Appeals, Eleventh Circuit United States Court of Appeals, Federal Circuit Daytona Beach Young Professionals Group REPORTED CASES Town of Ponce Inlet, Florida v. Dragomirecky 884 So. 2d 408 (Fla. 1 st DCA 2004) Dragomirecky v. Town of Ponce Inlet, Florida 882 So. 2d 495 (Fla. 5th DCA 2004) Soterakis v. Soterakis 913 So. 2d 688 (Fla. 5th DCA 2005) Academies of Excellence v. School Board of volusia County, No. 2005 -1132 FOI (Fla. State Board of Education, 2005); currently pending with the 5th DCA, at 5D06 -1054 OFE JASON R. HAWKINS EXPERIENCE DORAN, WOLFE, ANSAY & KUNDID August 2005 to Present Attome practice in real estate litigation and transactions, insurance receivership. JARAMILLO, AUSTIN, LAURATO & FREEMAN Tampa, Florida July 2004 — April 2005 Law Clerk. Drafted motions, memoranda and appellate briefs on first party insurance and personal injury cases. GRIMES, GOEBEL, GRIMES, HAWKINS, GLADFELTER & GALVANO Bradenton, Florida September 2003 — December 2003 Law Clerk Conducted extensive research on a multitude of issues, including developments of regional impact, construction delay damages, riparian rights, construction liens and insurance underwriting EDUCATION Stetson University College of Law St. Petersburg, Florida Degree Conferred: Juris Doctor, December 2004 Recipient- Attorneys' Title Trust Fund Award Stetson Student Bar Association, class representative Pennsylvania State University University Park, Pennsylvania Degree Conferred: B.A., 2002 Major: Telecommunications Athletic Scholarship for participation in Division One Volleyball Participant in NCAA Final Four Tournament, 1999, 2000, 2001, 2002 Eastern Intercollegiate Volleyball Association All- Conference Team Member, 2002 25 REFERENCES James Vandergrifft, Mayor City of New Smyrna Beach 21.0 Sams Avenue New Smyrna Beach, FL 32168 -9985 (386) 424 -2112 John Hagood, City Manager City of New Smyrna Beach 210 Sams Avenue New Smyrna Beach, FL 32168 -9985 (386) 424 -2107 Frank B. Gummey III, City Attorney City of New Smyrna Beach 210 Sams Avenue New Smyrna Beach, FL 32168 (386) 424 - 2115 Tony Goudie, Vice Mayor Town of Ponce Inlet 4715 Dixie Drive Ponce Inlet, FL 32127 (386) 760 -7106 Robert F. Apgar, Mayor City of Deland Consolidated Tomoka Land Co. Post Office Box 10809 Daytona Beach, FL 32120 -0809 (386) 274 -2202 26 COMPENSATION PROPOSAL We propose to provide services to the City of Edgewater on all matters at the following rates: I. General City Services a) Partners: $200.00 per hour b) Associates: $170.00 per hour C) Paralegals: $50.00 per hour II. Development Review a) Partners: $300.00 per hour b) Associates: $200.00 per hour C) Paralegals: $80.00 per hour III. Travel Partners and Associates: $100.00 per hour The above rates are inclusive of most costs, both direct and indirect, (i.e., postage, telephone, long distance, facsimile transmissions, and local mileage) with the exception of travel outside of Volusia County and on -line research costs and, if needed, courier services and Federal Express, all of which shall be billed in accordance with the actual charges incurred. 27 wyJF Iul'SI. .S: ti-2 G- 26/0 ;.:: . g a / 2oo9 _ h4/2G/ b /iire '2S, 14 .9 2 7c�� fZ z�U �_ 657 o 7 � i q CN IS //1/4 ,ILL' /70/-viirSi i �rc�' Arc — o, 7 o o , 9'20.00 '• 4. 9, /5-2- ' 0 d,), . Sol 21.2 0A(I fQ / Ca 0h-Jv it-f/%Y 0 ' e ' c/t// / �' 13, /.S'6 ‘60 !3 34I ©o _ 4769.-co ,i_.t,.// Vo., ,,i/jts--)o/( 3-gA,cmz; PoLiCi-- Sc- `)4i(-1 4111, 0,5f • 2 g Lf-iti • _2- 8 1 , 092 - 66 0 -Q 16'9, 12- 803 '4,8 - I , ?_31.-/- 3-6 1:4<ft7 C (15 7 7-7S S126k Cae C 01.7/; 6 q, 0fq ,LIO -NJ 6 . zo 5;6 i L' in t 7d F/01. 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