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07-18-2011 - Workshop/Regular A PRELIMINARY BUDGET WORKSHOP WILL BE HELD AT 5:00 P.M., PRIOR TO THE REGULAR COUNCIL MEETING, IN COUNCIL CHAMBERS Voting Order Councilwoman Bennington Councilman Ignasiak Councilman Cooper Mayor Thomas Councilman Kennedy AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING July 18, 2011 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 a. Regular Meeting — May 16, 2011 b. Special Meeting/Executive Session — June 20, 2011 c. Regular Meeting — June 20, 2011 3. PRESENTATIONS / PROCLAMATIONS /PLAQUES /CERTIFICATES/DONATIONS 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 — None at this time 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2" Reading - Ordinance No. 2011 -0 -08: An amendment to Article IV (Peddlers, Solicitors, Canvassers) of Chapter 11 of the Code of Ordinances. b. 2 " Reading — Ordinance No. 2011 -0 -09: Extending the moratorium as to the filing and/or receiving of any application or petition for the establishment of "Pain Clinics" for a period of 180 -days. c. 2" Reading - Ordinance No. 2011 —0 -10: Redistricting the City of Edgewater for the purpose of electing City Council members. City Council Agenda July 18, 2011 Page -2- d. 1s Reading — Ordinance No. 2011 -0 -11: Amending Article I (In General) and Article II (Vaccinations, Licenses and Permits) of Chapter 5 (Animal Services). e. Ordinance No. 2010 -0 -16: Extending the policy to temporarily reduce impact fees for non- residential properties for an additional one year. f. Ordinance No. 2010 -0 -17: Extending the policy to temporarily defer applicable Sidewalk, Fire /EMS, Police and Transportation/Road Impact Fees for an additional one year. g. Resolution No. 2010 -R -12: Authorization to extend the policy to temporarily reduce fees for one year for Annexation of Non - Residential property and other related fees. 9. BOARD APPOINTMENTS a. Animal Control Board - Councilman Ignasiak's appointment due to the expired term of Jamie Young, who seeks reappointment. 10. OTHER BUSINESS a. Request for approval of the amended and restated Memorandum of Agreement between the City of Edgewater and YMCA. b. Request for approval of the contract with Construction Management Associates, LLC, in the amount of $46,340 and authorization for the City Manager to execute the Agreement for the replacement of four units of the HVAC System a the YMCA. c. Request for approval for staff to enter into negotiations with Glencoe Veterinary Hospital to provide Shelter Management Services /Operation Services to the Edgewater Animal Shelter. d. Authorization for staff to enter into negotiations with Kimley -Horn and Associates, Inc., for ROW Surveying, mapping, ROW certification and engineering and design services for the US Highway 1 Sidewalk Project. e. Approve listing of property located at 3020 Lime Tree Drive as surplus and authorize execution of Work Order No. 2011 -01 and associated documents with the Barnett Group, Inc. to dispose of same. f. Approval for the City Manager to advertise the Maximum Mileage rates for ad valorem and voted debt service. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN The next City Council Meeting will be held on August 19, 2011 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, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1- 800 -955- 8771. U • AGENDA REQUEST Date: June 28, 2011 PUBLIC HEARING X RESOLUTION ORDINANCE 7/18/11 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION 2 °d Reading — Ordinance No. 2011 -0 -08 An amendment to Article IV (Peddlers, Solicitors, Canvassers) of Chapter 11 of the Code of Ordinances. BACKGROUND On September 27, 2010, Council approved Ordinance 2010 -0 -21 which amended Article IV (Peddlers, Solicitors, Canvassers and Itinerant Merchants) of Chapter 11 (Business Tax Receipts and Business Regulations) to include regulations for Itinerant Merchants. After working with the new ordinance for several months it has been determined that the following changes should be made: • Amending the definition of "canvasser or solicitor" and adding a separate definition for "peddler ". • Separating the application criteria for solicitors and itinerant merchants. • Removing the criteria for an itinerant merchant to submit pictures and fingerprints with application. • Renumbering of the appropriate sections of the Article. RECOMMENDATION Staff recommends approval of Ordinance No. 2011 -0 -08; amending Article VI (Peddlers, Solicitors, Canvassers and Itinerant Merchants) of Chapter 11 of the Code of Ordinances. ACTION REQUESTED Motion to approve Ordinance No. 2011 -0 -08 FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES X NO DATE: 6/20/11 AGENDA ITEM NUMBER: 8C Respectfully Submitted By: i xrutslia d vili T 1 /. ' Bonnie Wenzel race . Y�� Barlow Robin Matusick Ci Clerk Ci Mana er Paralegal h' h' g g ORDINANCE NO. 2011-0-08 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV (PEDDLERS, SOLICITORS, CANVASSERS AND ITINERANT MERCHANTS) OF CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On September 27, 2010, Council approved Ordinance #2010 -0 -21 which amended Article IV (Peddlers, Solicitors, Canvassers and Itinerant Merchant) of Chapter 11 (Business Tax Receipts and Business Regulations) to include regulations for Itinerant Merchants. 2. Amendment of Article IV (Peddlers, Solicitors, Canvassers and Itinerant Merchant) will now include a separate section related to the application requirements for itinerant merchants /itinerant vendor doing business within the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND ARTICLE IV (PEDDLERS, SOLICITORS, CANVASSERS AND ITINERANT MERCHANT) OF CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS) OF THE CODE OF ORDINANCES IN ITS ENTIRETY FOR THE CITY OF EDGEWATER, FLORIDA. Chapter 11 (Business Tax Receipts and Business Regulations), Article IV (Peddlers, Solicitors, Canvassers and Itinerant Merchant) is hereby amended to read as follows: ARTICLE IV. PEDDLERS, SOLICITORS, CANVASSERS AND ITINERANT MERCHANT Sec. 11 -61. Statement of purpose. It is the purpose of the city to assist in the accomplishment of the following goals: 1 Strike passages are deleted. Underlined passages are added. #2011 -0 -08 (1) Prevention and/or reduction of crimes; (2) Protection of the privacy and peaceful enjoyment of the home and business; and (3) Making available to residents information helpful to determine their response to solicitors. Sec. 11-62. Definitions. As used in this article, the following definitions shall apply: Canvasser or solicitor. The word "canvasser" or "solicitor" is defined as means any individual, whether a resident of the city or not, traveling either by foot, vehicle or other conveyance from place to place taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future. The canvasser or solicitor may carry or expose for sale a sample of the subject of such sale, or may collect advance payment on such sales and may be considered any person who for himself or for another person hires, leases, uses or occupies any building, structure, car, room, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. This includes any person who, without invitation, goes upon private property to request contribution of funds or anything of value or to sell goods or services for political, charitable, religious or other noncommercial purposes. Itinerant merchant or itinerant vendor means any person, firm, organization, corporation, or other entity whether its owner, agent, consignee or employee, whether a resident of the Gcity or not, who engages in the stationary, temporary (not to exceed three months) business of selling and delivering goods, wares and merchandise i.e holiday tree sales and pumpkin sales during the fall season within the Gcity for the exhibition and sale of such wares or merchandise. The term "itinerant merchant" also includes a business operator, on said operator's own property, when said operator conducts activities in open spaces outside of an enclosed structure, including but not limited to, approved activities, the sale or display of goods and/or services not part of the normal business activities of that operator but encompassed by said Geity local business tax receipt. Person, firms or corporations so engaged shall not be relieved from complying with provisions herein by reason of temporary association with or sponsorship by any local dealer, trade, merchant or auctioneer, or by conducting such itinerant business with, as a part of, or in the name of any local licensee. Notwithstanding anything to the contrary herein, the term "itinerant merchant" shall also include business operators who conduct activities within enclosed structures at flea markets operating during recognized events on days flea markets are not normally operated with appropriate Gcity approvals. Vendors registered by approved Special Activity Permits are excluded from this provision. Peddler, solicitor or canvasser m arts any person who makes uninvited contact, directly or This includes any person who, without invitation, goes upon private property to request - • .. anything of value or to sell goods or services for political, charitable, religious, or other noncommercial purposes. 2 84 passages are deleted. Underlined passages are added. #2011 -0 -08 Peddler means any person, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance from place to place carrying or transporting goods, wares and merchandise; offering and exposing the same for sale or making sales and delivering articles purchased; or who, without traveling from place to place, shall sell or offer the same for sale from his or her person, or from any vehicle or conveyance. Resident of the city means any person with a mailing or street address located within the city, including temporary visitors, renters or boarders. Solicit solicitation or soliciting means the act of requesting, directly or indirectly, expressly or by implication, money, credit, property, financial assistance, information or any other thing of value either in return for goods or services, or for an order for either goods or services, or as a contribution or donation whether or not such contribution or donation results in receipt of any goods, merchandise or service or any similar exchange of something of value between the person engaging in the act of solicitation and a resident of the city, whether such things of value be tangible or intangible. Structure means any object constructed or installed by a person having a permanent location on the ground. Sec. 11-63. Registration -- Required. (a) Except as otherwise provided in section 11 -745, it shall be unlawful for any person 18 years of age or older to engage in soliciting or itinerant merchandising sales within the city without first being registered for that purpose as provided in this article. (b) No person under the age of 18 shall be permitted to engage in soliciting or itinerant merchandising sales except as provided in this section. (c) A registration shall be obtained by a sponsoring person, company or organization for the conduct of any solicitation or itinerant merchandising sales activities involving, in whole or in part, a sales force of one or more person under 18 years of age. (d) The sponsor shall be responsible for supervising and controlling the conduct of all persons, including juveniles, soliciting under the sponsor's registration. For the purposes of this section, supervision shall mean that the sponsor has the person soliciting under the sponsor's registration within view at all times. (e) For solicitation, the sponsor shall provide to each individual in its sales force a badge or other easily readable form of identification which identifies the name of the sponsor and the name of the individual. The sponsor shall require all individuals in its sales force to wear such identification so that it is clearly visible at all times when the individuals are soliciting. Sec. 11 -64. Same — Application for Soliticing, Peddling and Canvassing. (a) Form. Applicants for registration shall complete and return to the city clerk, not fewer than five working days in advance of the date upon which the applicant wishes to commence solicitations within the Ccity and fourteen working days in advance for itinerant merchants, a registration form furnished by the city which shall require the following information: (1) Name, permanent address and telephone number, and temporary address and telephone number. 3 Stfike-threugh passages are deleted. Underlined passages are added. #2011 -0 -08 (2) A physical description of the applicant, setting forth the applicant's date of birth and any other distinguishing physical characteristics. (3) The make, model and license number of any vehicles to be used by applicant. (4) The place where the applicant may be contacted for at least seven days after leaving the city. (5) Name, address and telephone number of the person or organization the applicant represents or is employed by, (if applicable). (6) Name and title of an officer of such organization who can verify the authority of the applicant to represent the organization. (7) The name of three previous cities where applicant (or the organization represented) conducted similar solicitations or itinerant merchandising sales (if applicable). (8) A statement of any convictions, nolo contendere pleas, or forfeitures for violating any local, state or federal law, excluding traffic fines of $50.00 or less, the nature and location of the offense(s) and the penalty imposed. (9) The applicant shall furnish with the form two photographs of the applicant taken within 60 days immediately prior to the date of filing of the application, which shall be at least two inches by two inches, showing the head and shoulder of the applicant in a clear and distinguishable manner, one of which shall remain on file in the office of the city Gclerk and the other shall be attached to and made part of the permit. (10) The applicant shall provide a set of fingerprints which shall remain on file with the city. (11) A statement as to whether or not the applicant (and/or represented organization, if applicable), has: a. Engaged in solicitations or itinerant merchandising sales of a similar nature in the city before; and b. If so, whether any license, permit or registration issued by the city has ever been revoked; (12) The nature of the solicitations to be conducted and a brief description of any good or services offered. (13) The proposed method of delivery of goods or services, if applicable. (14) The length of time solicitation/business or itinerant merchandising sales is to be conducted in the city of Edgewater. (15) A statement that the registration does not represent and will not be used by the applicant as an endorsement of the solicitor's or itinerant merchants product, service or cause by the city. (16) For itinerant merchants, a notarized statement from the property owner authorizing applicant to conduct itinerant merchant activities on the property. Statement shall also acknowledge that the property owner recognizes that he /she will be responsible for any • . .. . • : -' - : ercin alters the City's ability to cite and lien statement is not provided by the property owner. All statements made by the applicant upon the application or in connection therewith, shall be under oath. 4 St r i kes - passages are deleted. Underlined passages are added. #2011 -0 -08 (b) Additional information. Each applicant shall present to the city clerk for examination: (1) A driver's license or some other proof of identity providing equivalent information; (2) Any certificates, licenses or other authorizations as may be required by the city, state or other regulatory bodies applicable to the applicant's proposed solicitation activity. Sec. 11 -65. Same — Application Itinerant Merchant /Itinerant Vendor. (a) Form. Applicants for registration shall complete and return to the city clerk, not fewer than fourteen 14 workin • da s in advance of the date us on which the as .licant wishes to commence Itinerant Merchant Sales /Activities, a registration form furnished by the city which shall require the following information: 1) Name, permanent address and telephone number, and temporary address and telephone number; 2) The place where the applicant may be contacted for at least seven (7) days after leaving the city; 3) Name, address and telephone number of the person or organization the applicant represents or is employed by (if applicable); 4) Name and title of an officer of such organization who can verify the authority of the applicant to represent the organization; 5) The name of three (3) previous cities where applicant (or the organization represented) conducted similar itinerant merchandising sales (if applicable); 6) A statement of any convictions, nolo contendere pleas, or forfeitures for violating any local, state or federal law, excluding traffic fines of $50.00 or less, the nature and location of the offense(s) and the penalty imposed; 7) A statement as to whether or not the applicant (and /or represented organization, if applicable), has: a. Engaged in itinerant merchandising sales of a similar nature in the city before; and b. If so, whether any license, permit or registration issued by the city has ever been revoked; 8) A brief description of goods or services offered; 9) The proposed method of delivery of goods or services, if applicable; 10) The length of time itinerant merchandising sales are to be conducted in the city of Edgewater; 11) A statement that the registration does not represent and will not be used by the applicant as an endorsement of the itinerant merchants product, service or cause by the city; 12) A notarized statement from the property owner authorizing applicant to conduct itinerant merchant activities on the property. Statement shall also acknowledge that the property owner recognizes that he /she will be responsible for any code violations on the property. Nothing herein alters the Ecity's ability to cite and lien the property owner pursuant to the authority in Chapter 162, Florida Statutes, if the statement is not provided by the property owner. All statements made by the applicant upon the application or in connection therewith, shall be under oath. 5 Strike through passages are deleted. Underlined passages are added. #2011 -0 -08 (b) Additional information. Each applicant shall present to the city clerk for examination: (1) A driver's license or some other proof of identity providing equivalent information; (2) Any certificates, licenses or other authorizations as may be required by the city, state or other regulatory bodies applicable to the applicant's proposed solicitation activity. Sec. 11 -656. Same - -Fee. At the time the application is submitted a fee shall be paid to the city clerk. The fee shall be established by a resolution from the city council and subject to change accordingly. This fee is not refundable if the registration is refused for any reason noted in section 11 -667 or if the applicant withdraws the application at any time after the close of the business day on the day during which it was submitted. Sec. 11 -667. Same -- Review; issuance or denial. (a) Upon receipt of an application, the city clerk shall refer it as soon as possible to the chief of police who shall cause such review of the applicant's criminal background. (b) The city clerk shall refuse to register the applicant if it is determined, pursuant to the chief of police's review that: (1) The application is incomplete or contains false data; (2) Has been convicted of a felony offense or first degree misdemeanor; (3) The applicant failed to comply with any applicable provision of section 11 -64. (c) Absent a cause to refuse registration in accordance with subsection (b), the city clerk shall grant a registration and issue to the applicant a certificate of registration. Such certificate shall authorize the holder to conduct business within the city for a three -month period of time. The city clerk shall maintain an accurate record of every application received and acted upon together with all other information and data pertaining to the application and all certificates of registration issued and applications refused. (d) A permit is not transferable between solicitors or itinerant merchants. When a solicitor changes employers, or his permit is revoked, the permit is automatically void; and he shall return the void permit to the city clerk. Sec. 11 -678. Appeal. Any person aggrieved by the action or decision of the city clerk to deny or revoke a registration may appeal such decision to the city council by filing a written request with the city manager within 30 days after the rendition of the decision by the city clerk. The request shall be placed on the agenda of the next available regular meeting of the city council. Sec. 11 -689. Loud noises and speaking devices. No applicant, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound - amplifying device upon any of the streets, alleys, parks or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such applicant proposes to sell. 6 St'- gh passages are deleted. Underlined passages are added. #2011 -0 -08 Sec. 11- 6970. Prohibited practices. It is unlawful for any peddler, solicitor or itinerant merchant to make exclusive use of any location on any street, alley, sidewalk or right -of -way for the purpose of selling, delivering or exhibiting goods or merchandise. Sec. 11 -701. Solicitor business regulations. It shall be unlawful for any solicitor: (1) To call at any residence prior to the hour of 9:00 a.m. or after 8:00 p.m.; (2) To call at any residence or other place bearing a notice of "No Peddlers" or "No Solicitors" or words of a similar meaning, providing such notice is posted in a conspicuous place or near the main entrance, is plainly visible, is at least three inches by five inches in height; (3) To call at other than the front or main door of any residence; (4) To remain on any premises after being asked to leave by the owner, occupant or other person having authority over such premises; (5) To misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services provided, the purpose of the visit, his or her identity or the identity of the represented organization; or (6) To impede the free use of sidewalks and streets by pedestrians and vehicles. Sec. 11 -712. Solicitor Disclosure. All registered solicitors shall conform to the following requirements: (1) After the initial greeting and before any other statement is made to a prospective solicitee, a solicitor shall expressly disclose his or her name, the name of the organization represented, if any, and identify the nature of the solicitation, i.e. selling , seeking information for , asking for contributions to or for , etc. (2) If the solicitation is for the purchase of goods or services or for any order for the later delivery of goods or services, the solicitor shall clearly inform the solicitee of their right to cancel the transaction at any time within 72 hours if it involves the extension of credit or is a cash transaction of more than $25.00. (3) If the solicitation results in an order for the later delivery of goods or services, the solicitor shall, at the time the order is taken, provide the buyer with a copy of all signed documents, containing at the minimum: the terms of the agreement, the amount paid in advance and whether such amount represents full, partial or no advance payment; the name, address and telephone number of the seller or provider, the delivery or performance date; and whether a guarantee or warranty is provided, if so, the terms thereof. (4) Upon any request to do so, the solicitor shall display for review the certificate of registration issued by the city. Sec. 11 -723. Itinerant merchant business regulations. (1) The site shall have appropriate sanitary facilities available at the premises upon which temporary business will be permitted. 7 Strike through passages are deleted. Underlined passages are added. #2011 -0 -08 (2) The proposed location will not result in unsafe ingress /egress for either pedestrians or vehicles. (3) The proposed location shall comply with the appropriate Florida Fire Prevention Codes. (4) The proposed location will direct on -site lighting away from adjacent parcels and roadways. (5) The €city may add other conditions to protect the health, safety and welfare of the residents. The €city shall provide scheduled and unscheduled inspections prior to and /or during the period of the permit by police, fire, code compliance, building and /or €city administration representatives to monitor and ensure compliance with all applicable €city, €county and Estate codes. Sec. 11 -734. Revocation. Any certificate of registration may be revoked by the city clerk if the holder conducts peddling solicitation or itinerant merchandising activities contrary to any of the provisions of this article; has made a false statement in the application; has made a misrepresentation or a false statement in the conduct of business; has been convicted of a felony offense or first degree misdemeanor; conducts peddling or solicitation or itinerant merchandising activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public; or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this article. Immediately upon such revocation, written notice thereof shall be given by the city clerk to the holder of the certificate in person or by registered United States mail addressed as set forth in the application. Immediately upon the giving of such notice, the certificate of registration shall become null and void. Sec. 11 -745. Exemptions. The following, or their authorized agents, are exempt from the provisions of this article; any person: (1) Delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes; (2) Selling goods at wholesale dealers in such goods; (3) Who has an established place of business where goods or services being sold are offered for sale on a regular basis, and where the buyer has initiated contact with and specifically requested a home visit by such person; (4) Who has had, or one who represents an organization which has had, a prior transaction similar to that being solicited with the solicitee; (5) Who is an officer or employee of the city, county, state or federal government or any subdivision thereof, when on official business; (6) Conducting solicitations from the membership of the represented organization for the sole benefit or under the auspices of that organization, and (7) Nonprofit organizations are exempt from paying the fee but shall register, with proof of nonprofit status (8) Wholesale dealers conducting business with commercial or industrial businesses within the €city. 8 Strike4hreugh passages are deleted. Underlined passages are added. #2011 -0 -08 Sec. 11 -756. Enforcement. The provisions of this chapter shall be enforced by the city clerk, code enforcement division, police department and fire department. Sec. 11 -767. Reserved. Sec. 11 -778. Penalty. Any person violating the provisions of this article shall, upon conviction, be subject to the penalties in section 1 -8 of this Code. Each separate day of violation constitutes a separate offense. 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 accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 9 Strike-through passages are deleted. Underlined passages are added. #2011 -0 -08 PART F. ADOPTION. After Motion to approve by Councilman Cooper and Second by Councilman Ignasiak, the vote on the first reading of this ordinance held on June 20, 2011 was as follows: AYE NAY Mayor Mike Thomas X Councilman Michael Ignasiak X Councilwoman Gigi Bennington X Councilman Justin Kennedy X Councilman Ted Cooper X After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Ted Cooper 10 mike passages are deleted. Underlined passages are added. #2011 -0 -08 PASSED AND DULY ADOPTED this 18th day of July, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 18th day legality by: Carolyn S. Ansay, Esquire of July, 2011 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe, Ansay & Kundid 11 Strike Strike4hrough passages are deleted. Underlined passages are added. #2011 -0 -08 AGENDA REQUEST Date: July 7, 2011 PUBLIC HEARING RESOLUTION ORDINANCE July 18, 2011 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2 " Reading — Ordinance #2011 -0 -09 — Extending the moratorium as to the filing and/or receiving of any application or petition for the establishment of "Pain Clinics" for a period of one hundred eighty (180) days. BACKGROUND: City Council approved a one (1) year moratorium on August 16, 2010. Due to the recently passed legislation by the State legislature this year, City staff was unable to adequately establish criteria for permitting pain clinics and pain management clinics. The proposed time extension will afford staff the opportunity to determine effective parameters for permitting these types of uses and determine whether additional standards to the City's are needed for the safety and protection of our citizens. The moratorium is not intended to interfere with legitimate medical offices whereas the physicians are legally dispensing controlled substances for legitimate medical treatments and/or injuries. Based on recent activities in south Florida regarding the proliferation of pain clinics and their migration northward within our state, it has caused local concern for the public health, safety and welfare of our citizens. The City of Edgewater is concerned about the increase in the number of individuals interested in opening pain clinics, also known as pain management clinics. These pain clinics commonly provide "treatment" via the dispensing of controlled substance such as OxyContin/Oxycodone to people dealing with alleged chronic nonmalignant pain. The proliferation of these clinics in other areas have become such a problem that some reports indicate that Broward County had increased in number of pain clinics from 4 to 176 in just two years. It also showed that 9 million dose units of OxyContin/Oxycodone were dispensed every 6 months in south Florida. Recent research has also shown the following: • Prescription drug abuse results in an average of seven deaths in this state each day; and • Physicians in this state purchased more than 85 percent of the OxyContin /Oxycodone purchased by all practitioners in the United States in 2006; and • Physicians in this state purchased more than 93 percent of the methadone purchased by all practitioners in the United States in 2006; and • Some h sicians in this state dispense medically unjustifiable p Y p Y amounts of controlled substances to addicts and to people who intend to illegally sell the drugs. As a result, several cities have also experienced numerous occurrences of criminal activity related to the improper distribution of narcotics, higher number of deaths associated with overdoses related to these drugs. These "clinics" have also been known to distribute to people from out of the state and those not legitimately in need of medication for legitimate medical reasons. City Council approved first reading of this Ordinance on June 20, 2011 STAFF RECOMMENDATION: Staff recommends that the City Council approve Ordinance 2011-0-09. ACTION REQUESTED: Motion to approve Ordinance 2011 -0 -09. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES X NO If so, DATE: June 20 2011 AGENDA ITEM # 8d Respectfully submitted, Concurrence: , g ill Da en Lear Robin L. Matusick Development Services Director Paralegal AP race . Barlow City anager ORDINANCE NO. 2011-0-09 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, EXTENDING A MORATORIUM AS TO THE FILING AND /OR RECEIVING OF ANY APPLICATION OR PETITION FOR THE ESTABLISHMENT OF "PAIN CLINICS" AND "PAIN MANAGEMENT CLINICS" FOR ONE HUNDRED EIGHTY (180) DAYS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, previously declared a moratorium on the filing and/or receiving of any application for the establishment of "pain clinics" or "pain management clinics" for a period of one (1) year on August 16, 2010. WHEREAS, due to the uncertainty of recently passed State legislation regarding the legality of said "pain clinics" and "pain management clinics" and the ultimate legislative outcome, City staff requires additional time to adequately review said legislation and evaluate the process for issuing development permits, business licenses, certificate of use permits and other approvals regulating "pain clinics" and "pain management clinics" and their direct relation to the health, safety and welfare of the public. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City of Edgewater is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law. 2. The public health, safety and welfare is a legitimate public purpose of the City of Edgewater. 1 #2011 -0 -09 3. The City of Edgewater has seen an increase in the number of individuals interested in opening "pain clinics" and "pain management clinics" in the City. 4. On November 19, 2009, the Broward County Grand Jury issued an interim report entitled "The Proliferation of Pain Clinics in South Florida" after an investigation and review of the "Pill Mill" proliferation in South Florida and the effect on Broward County as a major source of Oxycodone, a controlled substance. 5. The Grand Jury found that the number of pain clinics increased from 4 to 176 in two years in South Florida and that 9 million dose units of Oxycodone was dispensed every 6 months. 6. The Grand Jury recommended that the State prescription drug monitoring program be swiftly implemented and adequately funded, as of the time of the Grand Jury report the program had not been funded by the State. 7. The Florida Legislature found that: a. Prescription drug overdose has been declared a public health epidemic by the United States Centers for Disease Control and Prevention; and b. Prescription drug abuse results in an average of seven deaths in this state each day; and c. Physicians in this state purchased more than 85 percent of the Oxycodone purchased by all practitioners in the United States in 2006; and d. Physicians in this state purchased more than 93 percent of the methadone purchased by all practitioners in the United States in 2006; and e. Some physicians in this state dispense medically unjustifiable amounts of controlled substances to addicts and to people who intend to illegally sell the drugs. 2 #2011 -0 -09 8. The Grand Jury found that burglaries and robberies in the areas where pain clinics are located have increased; drug trafficking in prescription drugs and street level sales of prescription drugs have increased; and identity theft and organized criminal activities have increased. 9. Many other Cities and Counties throughout Florida have enacted or are enacting moratoria pertaining to pain management clinics; consequently, the number of jurisdictions available for opening pain management clinics is limited, leaving the City a likely choice for the location of pain management clinics. 10. It is not the intent of this moratorium to interfere with legitimate medical clinics or the legal use of controlled substances. 11. The Florida Legislature previously passed Senate Bill 2272 in 2010 to provide more regulatory control over pain management clinics via amendments to Section 893.055, Florida Statutes, known as "Prescription Drug Monitoring Program." The Florida Legislature passed additional legislation in 2011. 12. The regulations as contained in Senate Bill 2272 regulating pain clinics took full effect in December 1, 2010. 13. Chapter 2009 -198, Laws of Florida, recognizes mismanaged or fraudulently maintained pain clinics can inflict incalculable damages to local communities and the state as a whole in the form of lost lives, increased crime, human misery from addiction, ballooning health care costs and Medicare fraud. 14. The City Council desires the opportunity to review its codes, Senate Bill 2272 and recent legislation to determine the effectiveness of such regulations and whether amendments should be made to the City's codes and regulations to address public health, safety and welfare concerns associated with the opening of pain management clinics. 3 #2011 -0 -09 15. The City Council hereby directs its staff to analyze the effects and potential effects of pain management clinics in the City to determine whether additional standards are necessary to maintain public health, safety and welfare. 16. The City Council hereby directs its staff to evaluate the process for the issuance of development permits, business licenses or other approvals regulating the sanctioning of pain management clinics within the City to determine whether changes are necessary to assure public health, safety and welfare are not jeopardized by the opening of pain management clinics. 17. To provide the City staff with sufficient time to complete the analyses directed herein, it is necessary to declare a moratorium on the filing and /or receiving of applications or petitions for the establishment of pain management clinics. 18. The City of Edgewater believes that by establishing a moratorium for 180 days, the City will have the opportunity to research and study various regulatory options to better deal with "pain clinics" and "pain management clinics." 19. The City Council finds it is in the best interest of the citizens of the City of Edgewater to minimize and control the adverse effects of pain clinics and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life and preserve property values by adopting appropriate regulations regulating thereto. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: SECTION 1. DEFINITION. For the purposes of this ordinance, "pain clinic" and "pain management clinic" are defined as follows: Any publicly or privately owned facility: a. That advertises in any medium for any type of pain management services; or 4 #2011 -0 -09 b. Where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain means pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain or more than 90 days after surgery. SECTION 2. MORATORIUM. A moratorium on the submission, processing and issuance of business tax receipts, certificates of use, development permits, development orders or other permits or approvals for the operation of pain clinics and pain management clinics, as defined herein, is hereby established for a period of one hundred eighty (180) days from the effective date of this ordinance to research the nature and scope of possible measures of mitigation and regulation of pain clinics and pain management clinics. SECTION 3. EXISTING BUSINESSES. This moratorium shall not affect any business currently operating within the City of Edgewater pursuant to a validly issued business tax receipt and certificate of use as long as the business and property are in compliance with all applicable, local, county, state and federal laws. SECTION 4. NEW BUSINESSES. Applications for business tax receipts, certificates of use, development permits, development orders or other permits for approvals for the operation of pain clinics and pain management clinics, as defined herein, received after the date of advertisement of the reading of this ordinance shall be held in abeyance until the conclusion of the moratorium period. SECTION 5. RENEWALS. The Director of Development Services and /or the Finance Director, or their respective designee, is authorized to renew the business tax receipt, certificate of use, development permit, development order or other permit or approval of any existing business affected by this 5 #2011 -0 -09 moratorium in the event of expiration before the conclusion of this moratorium, upon a finding that the business has taken adequate precautions to mitigate the potential for abuse of prescription drugs. SECTION 6. REPEAL. This Ordinance shall stand repealed as of the date of adoption by the City Council of newly proposed land use regulations governing pain management clinics or 180 days after the adoption of this emergency ordinance, whichever date first occurs. SECTION 7. BOUNDARIES. This Ordinance shall be applicable to all properties located within the boundaries of the City of Edgewater. SECTION 8. 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. SECTION 9. 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. SECTION 10. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 6 #2011 -0 -09 PASSED AND DULY ADOPTED this 18th day of July, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 18th day legality by: Carolyn S. Ansay, Esquire of July, 2011 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch 8 #2011 -0 -09 AGENDA REQUEST Date: June 28, 2011 PUBLIC HEARING �� RESOLUTION ORDINANCE 07/18/11 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION 2 Reading - Ordinance No. 2011 -0 -10 An Ordinance redistricting the City of Edgewater for the purpose of electing City Council members. BACKGROUND This ordinance is a requirement of the City Charter, Article III, Section 3.02 (Districts). This Section of the Charter requires the City Council; by Ordinance apportion the City into four voting districts numbered • one through four, which shall be as nearly equal in population as possible. This must be completed within six months of the publication of the decennial census. A committee was selected by City Council to work with Staff and make a recommendation to City Council. On May 3, 2011 the committee met with Staff and reviewed two proposals for district boundaries based on the 2010 decennial census. The committee voted unanimously to recommend City Council adopt "Proposal A ". RECOMMENDATION Staff recommends approval of Ordinance No. 2011 -0 -10; redistricting the City of Edgewater for the purpose of electing City Council. ACTION REQUESTED Motion to approve of Ordinance No. 2011 -0 -10. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES X NO DATE: 06/20/11 AGENDA ITEM NUMBER: 8E Respectfully Submitted By: Concurrence: '&)"(\r\ki-, Bonnie Wenzel T acey .: arlow City Clerk City ■- anager C-6 e*I -e---1/4 4 - PYLLfZdt0j—.) ' Robin Matusick Paralegal ORDINANCE NO 2011 -0 -10 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA REDISTRICTING THE CITY OF EDGEWATER FOR THE PURPOSE OF ELECTING CITY COUNCIL MEMBERS; PROVIDING FOR CONFLICTING PROVISIONS SEVERABILITY AND APPLICABILITY PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS the City Council of the City of Edgewater Florida has made the following determinations: 1. Article III of the Charter of the City of Edgewater establishes four (4) voting districts for the purpose of electing the four (4) members of the City Council. 2. Article III of the Charter of the City of Edgewater requires that within six (6) months after official publication of the decennial census the City Council shall by ordinance adjust the district boundaries as required to provide for four (4) districts as nearly equal in population as possible. 3. The City was redistricted after the 1980 census pursuant to Ordinance No. 92 -0- 10, after the 1990 census pursuant to Ordinance No. 92 -0 -90 and after the 2000 census pursuant to Ordinance No. 2001 -0 -102. 4. On March 7, 2011 City Council adopted Resolution No. 2011 -R -06, establishing a redistricting committee to work in concert with City staff to determine where the district boundaries should be located based on the US Census. 5. The Planning Department utilizing the 2010 decennial census prepared two proposed redistricting maps, on May 3, 2011 the Redistricting Committee met with staff and voted to recommend City Council adopt Proposal "A ". 1 Stfue1E-tlifeugh passages are deleted Underlined passages are added #2011 -0 -10 6. For the purpose of carrying out the provisions of Article III of the Charter, the City Council of the City of Edgewater desires to change the voting district boundaries as recommended by the Redistricting Committee. NOW THEREFORE BE IT ENACTED by the City Council of the City of Edgewater Florida. SECTION 1. Authority. The City Council of Edgewater has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida Chapter 166 Florida Statutes and Article III of the Charter of the City of Edgewater. SECTION 2. Establishment of District Boundaries. The four (4) voting districts of the City of Edgewater are hereby established as follows. Voting District 1 Voting District 1 shall include that portion of the City generally described within the following boundaries East of Old Mission Road, South of 10th Street East to the Easterly City limits, thence South to Rhode Island Street, thence West to Edgewater Drive, thence South to Eaton Road, thence West to Dayton Street, thence South to 16th Street, thence West to Hibiscus Drive, thence South to 18 Street, thence West to Juniper Drive, thence North to 17 Street, thence West to Willow Oak Drive, thence South to S.R. 442, thence West to the City limit line of East Pinedale Road, thence North along the City limit line East of Old Mission Road to the Point of Beginning. See Exhibit "1" Voting District Map for further detail. 2 &rcleugh passages are deleted Underlined passages are added #2011 -0 -10 Voting District 2 Voting District 2 shall include that portion of the City generally described within the following boundaries: All properties South of the Southern boundary of Voting District 1 to the Eastern City limits, thence South to the North boundary line of the Pelican Cove East subdivision, thence West along the Northern boundary line of the Pelican Cove east subdivision, thence North along US Highway 1 to Boston Road, thence West by Southwest approximately 690 feet to Pine Avenue, thence West on Pine Avenue, thence South on Coco Palm Drive, thence West along 20 Street to the center point of the FEC right -of -way, then South to 23 Street, thence West to Lime Tree Drive, thence South to 25 Street, thence West to Tamarind Drive, thence North on Tamarind to 23 Street, thence West to Silver Palm Drive, thence North on Silver Palm Drive to the City limit line North of 22 Street to include all property West of Air Park Road and West of the western boundary line of the Florida Shores subdivision to the western most City limit line to the Point of Beginning. See Exhibit "2" Voting District Map for further detail. Voting District 3 Voting District 3 shall include that portion of the City generally described within the following boundaries: All properties South of the Southerly line of Voting District 2, East of the City limits line, thence South to the Northerly boundary line of the Edgewater Landing subdivision, thence North along Ranken Drive, continuing West along the Northern boundary line of the Edgewater Landing subdivision, thence due West 3 StfuelE-threugh passages are deleted Underlined passages are added #2011 -0 -10 to the Western right -of -way line of US Highway 1, thence South to Alice Street, thence West along the City limits line, thence North along the City limit line to Joseph Drive, thence West along Joseph Drive to the City limit line, thence North to Thomas Avenue, thence West along the City limit line, thence South along the City limit line to Alamanda Drive, thence South along Alamanda Drive and the City limit line, thence East along the City limit line, thence South along the City limit line, thence West along the City limit line to Alamanda Drive, thence South to 28 Street, thence West to Guava Drive, thence North along Guava Drive to 26 Street, thence West to the centerpoint of the FEC right -of -way, thence South to 27 Street, thence West along 27 Street to Kumquat Drive, thence South on Kumquat Drive to 28 Street, thence West on 28 Street to Lime Tree Drive, thence South on Lime Tree Drive to 30 Street, thence West on 30 Street to Silver Palm Drive, thence North on Silver Palm Drive to 23 Street, thence East on 23 Street, thence South to 25 Street to the Point of Beginning. See Exhibit "3" Voting District Map for further detail. Voting District 4 Voting District 4 shall include that portion of the City generally described within the following boundaries All properties from the Southern boundary of Voting District 3 to the Southerly City limits including properties West of Silver Palm Drive and East of the Western boundary line of the Florida Shore subdivision, thence North to the City limits that lie North of 22nd Street. See Exhibit "4" Voting District Map P for further detail. 4 Stask- tlreegh passages are deleted Underlined passages are added #2011 -0 -10 SECTION 3. Voting District Map. The voting district map of the City of Edgewater shall be placed in a conspicuous location within City Hall depicting the voting districts described in this ordinance. A copy of the voting district map is attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 4. Conflicting Provisions. All conflicting ordinances and resolutions including Ordinance No. 82 -0 -10, Ordinance No. 92 -0 -90 and Ordinance No. 2001 -0 -102, are hereby superseded by this ordinance to the extent of such conflict. SECTION 5. Severability and Applicability. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, 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, such holdings shall not affect its applicability to any other person, property, or circumstance. SECTION 6. Effective Date. This ordinance shall become effective immediately upon passage and adoption. SECTION 7. Adoption. After Motion by Councilman Cooper and Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on June 20, 2011 was as follows: AYE NAY Mayor Michael Thomas X Councilman Justin Kennedy X Councilwoman Gigi Bennington X Councilman Michael Ignasiak X Councilman Ted Cooper X 5 Struck- threugh passages are deleted Underlined passages are added #2011 -0 -10 After Motion by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Michael Thomas Councilman Justin Kennedy Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Ted Cooper PASSED AND DULY ADOPTED this 18th day of July, 2011. ATTEST CITY COUNCIL OF THE CITY OF EDGEAWTER, FLORIDA By: Bonnie Wenzel Michael L. Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. 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S *. • , 00 , 000, • • • 0.14 • , .;. 11011011 0111111: , ..% .01111110 7 r 1 - j_ , ' ' ' v tio �� :soot'es ml• _ ..a ,dlIlgI III..I.IIII°lliji ... 1 '.:, ' .."-"'...“'' : 4 1 a 5 1 gliP 1- 00 00 • N (3; M V A .••., 0 ,, 00 " m se 1111 i • y W NA Z O O O� O O .f.,,' f n A N n S , �� f r q gyTO Z - , m z IS' " •AR0 . 1 : • Cf , r • Z m g 0 11 "!A ti s ., - ... -- t • •• 4 x _< , • z. \-- , . 7:1 , ., _, t4.1°.;7.*1 . ° CD • ,. 1J0 t , Ir IJ .-- II? 41' 4fr S ) 1111411111111111 40, \ : " . 10 , '2% t kC I. ,51 fir i 411 82' 7 . ;:::,, ?,(?," (-_, iii P I il I " 1 . 1 6 1 g ll' ji lO V 1 . . , , 4,,, (. : 2 27 •4114 4s -/- A - \___, a /\„ 1:. , :-. s' SC/ AGENDA REQUEST Date: July 1, 2011 PUBLIC HEARING \ RESOLUTION ORDINANCE July 18,2011 OTHER BOARD APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Amended Article I (In General) and Article II (Vaccinations, Licenses and Permits) will include modifications relating to Section 5 -37 (Mandatory Spay and Neuter) of Chapter 5 (Animal Services) of the Code of Ordinances. BACKGROUND: There seems to be an unintended or uncontrolled breeding of dogs and cats within the city that leads to many becoming unwanted strays, suffering privation, constituting a public nuisance and health hazard. The unintended or uncontrolled breeding results in numerous animals being impounded and euthanized at great expense to the community. It is, therefore time to declare that every feasible means of reducing the number of unwanted dogs, cats, puppies and kittens be encouraged. The modifications of this ordinance includes mandatory spay and neuter program within the city that follows the same guidelines that are part of the mandatory spay and neuter ordinance within the unincorporated area of Volusia County. STAFF RECOMMENDATION: Staff recommends City Council approve Ordinance No. 2011-0-1 1 amending Article I (In General) and Article II (Vaccinations, Licenses and Permits) of Chapter 5 (Animal Services) of the Code of Ordinances. ACTION REQUESTED: Motion to approve Ordinance No. 2011 -0- 11amending Article I (In General) and Article II (Vaccinations, Licenses and Permits) will include modifications relating to Section 5 -37 (Mandatory Spay and Neuter) of Chapter 5 (Animal Services) of the Code of Ordinances. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, "31." Jack Corder race arlow .Department Director City anager • 41 _ 11111b.rr► _ _w' Robin Matusick Paralegal ORDINANCE NO. 2011-0-11 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE I (IN GENERAL) AND ARTICLE II (VACCINATIONS, LICENSES AND PERMITS) OF CHAPTER 5 (ANIMAL SERVICES); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On June 15, 2009, Council approved Ordinance #2009 -0 -02 which amended Chapter 5 (Animal Services) in its entirety. 2. Amendment of Article I (In General) and Article II (Vaccinations, Licenses and Permits) will include modifications relating to Section 5 -37 (Mandatory Spay and Neuter) and correction of certain scriveners errors. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND ARTICLE I (IN GENERAL) AND ARTICLE II (VACCINATIONS, LICENSES AND PERMITS) OF CHAPTER 5 (ANIMAL SERVICES) OF THE CODE OF ORDINANCES IN ITS ENTIRETY FOR THE CITY OF EDGEWATER, FLORIDA. Chapter 5 (Animal Services), Article I (In General) and Article II (Vaccinations, Licenses and Permits) is hereby amended to read as follows: ARTICLE I. IN GENERAL Sec. 5 -1. Short title. This chapter shall be referred to as the "Animal Services Ordinance of the City of Edgewater, Florida ". Sec. 5-2. Definitions. As used in this chapter the following terms shall have the meaning ascribed to them herein: 1 StFike4hfeugh passages are deleted. Underlined passages are added. #2011 -0 -11 i Abandonment. To forsake entirely or to neglect or refuse to provide for the care and support of an animal. ACB. The animal control board. Adult. A human being of at least 18 years of age. Adult animal. Any animal at least four months in age, or older. Animal. Any living dumb creature capable of self locomotion and includes, but is not limited to: dogs; cats; ferrets; horses; birds, including poultry; rabbits; squirrels; raccoons; monkeys; ducks; geese; goats; sheep; swine and cattle. The term also includes pets and domesticated animals; those animals that are naturally tame and gentle or that by long association with man have become fairly domesticated and reduced to such a state of subjection to man's will that they no longer possess the disposition or inclination to escape; and those animals which are accustomed to living in and about the habitation of man. Fowl, fish, reptiles and bees shall be included in the definition of animals. Animal at large. Any animal unattended by its owner or off the premises of the owner and not under the actual control of the owner, or any animal that is not securely confined by a secure fence, chain, leash, kennel or other means of confinement. Animal control officer. Any authorized agent or employee of the city whose duty it is to enforce this chapter or any other law relating to the licensure of animals, control of animals or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or part include assignments that involve the seizure and impoundment of any animal. Animal hospital. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of animal diseases and injuries. Animal under restraint. An animal secured by a leash or lead and under the control of a person physically capable of restraining the animal or securely enclosed within the real property limits of the owner's premises. Animal under restraint shall also include the following: (1) While on the property of its owner that: a. Reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property of its owners; and b. The animal is: 1. Securely and humanely confined within a house, building, fence, crate, pen or other enclosure; or 2. Humanely secured by chain, cable and trolley, rope or tether of sufficient strength to prevent escape; or 3. Leashed and controlled at any time it is not secured as provided for in subsection 1. or 2. above. (2) While off the property of the owner that: a. The animal is securely confined within a vehicle; or b. The animal is caged or tethered in the open bed of a pickup truck as set forth in section 5 -22; or c. The animal is securely and humanely confined within a house, building, fence, crate, pen or other enclosure; or d. The animal is humanely secured by a chain, cable and trolley, rope or tether of sufficient strength to prevent escape; or e. That the animal is leashed and controlled all times it is not secured. 2 Stfi1Ee- through passages are deleted. Underlined passages are added. #2011 -0 -11 Barking dog. Any dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for one -half hour or more. However, a dog shall not be deemed a "barking dog" for the purposes of this chapter if at the time the dog is barking or making any other noise a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause such as the dog is being teased or provoked. Boarder. An animal placed in a kennel for temporary maintenance, care, food, lodging, etc. resulting in monetary compensation. Breeder. Any person who: offers animal offspring with a spay /neuter contract and follows up on the contract with a guarantee to accept return of the offspring for any reason; ensures all offspring have been vaccinated according to Florida law; and who has been issued a breeder permit by the city. Capture. The securing, restraining, immobilization or confinement of any animal at large by the use of cages, ropes, nets, tranquilizers of any other similar device not intended to permanently injure the animal. Certificate of registration. A city dangerous animal registration issued pursuant to this chapter. Citation. A written notice issued by an animal control officer to a person who the officer has probable cause to believe committed a civil infraction in violation of this chapter and that the county court will hear. The citation must contain: (1) The date and time of issuance. (2) The name and address of the person. (3) The date and time the civil infraction was committed. (4) The facts constituting probable cause. (5) The section violated. (6) The name and authority of the officer. (7) The procedure for the person to follow in order to pay the civil penalty to contest the citation or to appear in court. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed or fails to appear in court to contest the citation, he /or she shall be deemed to have waived his /or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (11) A conspicuous statement that if the person is required to appear in court, he /or she does not have the option of paying a fine in lieu of appearing in court. Council. The City Council of the City of Edgewater, Florida. County health officer. The person appointed pursuant to F.S. chapter 154 as director of the Volusia County Health Department and his /or her designated agents. Cruelty. Any act or omission whereby unjustifiably physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food. Dangerous dog. Any dog that, according to animal control records: 3 Strike -thr-eugh passages are deleted. Underlined passages are added. #2011 -0 -I 1 (1) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property; (2) Has more than once severely injured or killed a domestic animal while off the owner's property; (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has, when unprovoked, chased or approached a person, upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; provided that such actions are attested to in a sworn statement by one or more persons that dutifully investigated by an animal control officer. Feral cat. A free roaming, unowned and/or untamed domestic cat. Feral cats may be born in the wild and never socialized, or may be escaped pets that have reverted to a wild state A feral cat is also considered as a species of wildlife. (See wildlife.) Guard or attack dog. A dog trained to attack on command or to protect persons or property and who will cease to attack upon command. Health certificate. A certificate signed by a veterinarian licensed by the state of origin or an authorized veterinary inspector of the United States Animal Disease Eradication Division that shows the age, sex, breed, description, and health record of a dog or cat and the name and address of the cosigner and of the cosigned. The certificate shall list vaccines administered to the dog or cat and shall state that the animal has no contagious or infectious diseases and has no intestinal or external parasites, including coccidiosis and ear mites. Holding or impounding facility. Any holding or impounding facility owned or under contract with the City of Edgewater for services or one that is designated from time to time by the city. Impoundment. The taking into custody of an animal by an animal control officer. Kennel. Any place of business where dogs or cats regardless of number are kept for sale, breeding, boarding or treatment purposes, except an animal hospital, grooming facility or pet shop. The term "kennel" shall include any premises used for residential purposes where four or more dogs or cats four months or older are kept, harbored or maintained for monetary compensation. Licensed veterinarian. Any person who is licensed to engage in the practice of veterinary medicine in the state. Muzzle. A device designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal. Neglect. Failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual and accepted for an animal's health and well being. Neutered or spayed. Rendered permanently incapable of reproduction by surgical alteration, implantation of a device, or other physical means, or permanently incapable of reproduction because of physiological sterility as certified in writing by a licensed veterinarian. Owner. Any person, firm, corporation, or organization possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of 18 years of age, that person's parent or guardian. - - - , .. - . . . - . • . • - . • - Owner responsibilities. An animal owner shall adhere [to] and provide at the minimum the following for the animal in their care: 4 Strike - through passages are deleted. Underlined passages are added. #2011 -0 -11 (1) Treat an animal in a humane manner and shall provide humane care (which includes, but is not limited to: providing adequate, food, fresh water, shelter, space and veterinary care to maintain the animal's health and to prevent or cure disease) for said animal; (2) The owner must live on the premises with the animal. (3) Any animal that is kept tethered must be attached to a stationary object, not an object that can become mobile. Person. Any natural person or persons, firm, association or corporation. Pet - sitter (nonprofit). A person who, at the consent of the animal owner, provides temporary care for the animal at his or her own residence. Pet - sitting. A person who temporarily cares for an animal at a family member or friend's residence for temporary care without exceeding the maximum number of animals allowed per residence. The temporary placement shall not exceed a period of 3-0 thirty (30) calendar days. At no time shall a nonprofit pet -sitter receive compensation for this service. Rescue and/or foster families or groups that are approved by Edgewater Animal Services to provide temporary care for homeless animals that may need medical care are not considered pet- sitters and time periods may extend past the allowable time if approved by Edgewater Animal Services. After a period of 30 thirty (30) calendar days, a person who is possessing, harboring, keeping or having control or custody of an animal shall no longer be considered a pet sitter but shall be considered an owner as defined herein. Potentially dangerous animal. An animal with a known propensity or disposition to attack unprovoked or otherwise to threaten the safety of humans and domestic animals. Proper enclosure to confine a dangerous dog. While on the owner's property a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under or through the structure and shall also provide protection from the elements. Public nuisance animal. Any animal that unreasonably annoys persons, endangers the life or health of persons or other animals, or substantially interferes with the right of persons to enjoyment of life or property. The term shall include, but is not limited to: (1) An animal that damages the property of anyone other than its owner or causes the loss of property; (2) An animal that has bitten a person without provocation; (3) An animal that bites, attacks or wounds another animal without provocation; (4) Any animal that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for one -half hour or more. However, a dog shall not be deemed a "barking dog" for the purposes of this chapter if at the time the dog is barking or making any other noise a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause such as the dog is being teased or provoked. (5) An animal that chases motor vehicles in a public right -of -way; (6) An animal that is not under restraint as defined in this section; (7) A dangerous animal; (8) Any animal that damages, urinate or defecates on public or private property as prohibited by section 5 -12; 5 Strifes passages are deleted. Underlined passages are added. #2011 -0 -11 (9) Any animal that is repeatedly found running at large; (10) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (11) Any animal in heat that is not confined so as to prevent attraction or contact with other animals as set forth in section 5 -20; (12) Any animal, whether or not on the property of its owner, that without provocation molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right -of -way; and (13) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored. Sanitary. A condition of good order and cleanliness to minimize the possibility of disease transmission. Severe injury. Any physical injury that results in broken bonds, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery. She /her. The feminine gender shall include the masculine gender and the masculine gender shall include the feminine gender unless the context requires otherwise.] Shelter. A secure weather - resistant structure which protects an animal from exposure to the elements and which is a minimum of six inches higher than the animal's height at full stand with head erect, one and one -half [times] the animal's full body length, and with sufficient width to permit the animal to turn around. Spay /neuter contract. Contract between owner and purchaser guaranteeing animals alas have been or will be spayed/neutered. Stray. Any unlicensed and unattended animal off the premises of its owner. Sterilized. Rendered permanently incapable of reproduction by surgical alteration, implantation of a device, or other physical means, or permanently incapable of reproduction because of physiological sterility as certified in writing by a licensed veterinarian. Unaltered/Unsterilized. Any animal that has not been spayed or neutered. Unprovoked. When a victim has been conducting himself peacefully and lawfully and has been bitten or chased in a menacing fashion or attacked by an animal. Vaccinated. An animal that has been administered a current rabies vaccine. Wildlife. Any indigenous or free - roaming animal (i.e., raccoon, opossum, armadillo, squirrels, feral cats). Wildlife hybrid. Any offspring of any wildlife or hybrid bred with a dog or cat or an animal which is represented as a hybrid by its owner. Sec. 5 -3. Animal control officers. (a) Animal control officers shall be the enforcement officials for this chapter and in that regard are authorized to investigate, on public or private property, violations of this chapter, impound animals, issue warnings and citations, and take other lawful actions as provided herein to enforce the provisions of this chapter. During an investigation, the animal control officer may request the owner to exhibit the animal, and, if applicable, the license of such animal. (b) Animal control officers are not authorized to enter into any dwelling unit, structure or fenced enclosure for purposes of investigation, but may enter into a fenced enclosure to impound any animal known or suspected of biting or scratching any person or any animal infected with or showing symptoms of rabies. 6 Strike- threugh passages are deleted. Underlined passages are added. #2011 -0 -11 (c) Animal control officers are not authorized to bear arms or make arrests. However, animal control officers may carry a device to chemically subdue and tranquilize an animal, provided that the animal control officer has successfully completed a minimum of 16 hours of training in marksmanship, equipment handling, safety and animal care and can demonstrate proficiency in chemical immobilization of animals in accordance with guidelines prescribed in the Chemical Immobilization Operational Guide of the American Humane Association. Sec. 5 -4. Interfering with animal control officers. It shall be a violation of this chapter for any person to interfere with, hinder, resist, or obstruct an animal control officer in the performance of his or her duties or to release or remove any animal from the custody of an animal control officer Sec. 5 -5. Animal control documents. The following documents shall be maintained by the animal control division: (1) Accurate and detailed reports and records of the licensing, impoundment and disposition of all animal coming into the custody of an animal control officer; (2) Accurate and detailed records of all reported bite cases and investigations for a minimum of three years; and (3) Accurate records of all license certificates. (4) A log containing the date, time, location and description of animal carcasses discovered on public property in accordance with section 5 -21 herein. Sec. 5 -6. Animal control board. (a) Creation, powers and duties. The animal control board (hereafter ACB) is hereby created and shall exercise the following powers and duties under this chapter: (1) Hear appeals of the initial determination or of an animal control officer classifying a dog as dangerous pursuant to F.S. §767.12. (2) Hear appeals regarding the confiscation of a dog to be destroyed pursuant to F.S. §767.13. (3) To hear appeals relating to the issuance of a notice of revocation regarding an unaltered animal permit pursuant to section 5 -37 of this chapter. (4) To subpoena witnesses to its hearings. The subpoenas shall be served by the Edgewater Police Department. (5) To take testimony under oath. (6) To issue orders having the force of law to command whatever steps are necessary to address the appeal. Such orders may require: a. Obedience training to the animal in question. b. Muzzling of an animal while off the property of the owner. c. Confinement of an animal indoors. d. Confinement of an animal in a secure enclosure. e. Reduction of the number of animals kept in any one location. f. The sterilization of an animal. g. Any other measure or sanction designed to protect the health and safety of the public. (b) Membership: Appointment, removal, terms, vacancies and qualifications. 7 Strike-threegh passages are deleted. Underlined passages are added. #2011 -0 -11 (1) The ACB shall be composed of five members. Whenever possible, the membership shall include a licensed veterinarian, a member from the holding or impounding facility currently owned or under contract with the city, a dog owner, and a cat owner. no city employee shall be a member of the ACB. (2) Each member of the ACB shall be a resident of the city unless no qualified resident candidate applies. (3) ACB members shall serve on no other city board or committee. (4) Members of the ACB shall be appointed by the city council for a term of three years without compensation but may receive travel and other necessary expenses while on official business of the ACB. (5) If a member of the ACB has three consecutive unexcused absences at regular meetings during any calendar year, said member shall forfeit the office. The city council shall fill the office for the remainder of the unexpired term. (6) A member of the ACB may be removed for cause by the city council at any time. (7) No member of the ACB shall appear for or represent any person in any matter before the ACB other than himself or herself. (8) No past member of the ACB shall appear before the ACB except when representing himself or herself for a period of 12 calendar months after his or her service has ended. (c) Members. (1) The ACB shall elect a chairman and vice chairman from among its members at the first regular meeting in January each year to serve a term of one year. The members shall be eligible for re- election. (2) The chairman shall preside at all meetings and hearings of the ACB and appoint any committees that are deemed necessary. (3) In the absence of the chairman, the vice chairman shall preside at all meetings and hearings of the ACB. (4) The members of the ACB may select an additional person who shall preside over meetings in the absence of the chairman and vice chairman. (5) The board coordinator, provided by the city, shall keep minutes of the proceedings of the ACB. (d) Meetings, hearings and procedures. (1) Regularly scheduled meetings of the ACB shall be held semiannually. (2) Special meetings or hearings of the ACB may be called by the chairman, vice chairman or animal control officer. (e) Quorum. (1) No business shall be transacted by the ACB without a quorum. A quorum shall consist of three members. (2) The affirmative vote of three members is required for any formal action of the ACB relating to appeals. All other recommendations and actions of the ACB shall require the affirmative vote of a majority of the members present. (f) Professional support. The animal control division and city attorney shall provide the necessary professional support to the ACB. 8 &Fikc through passages are deleted. Underlined passages are added. #2011 -0 -11 Sec. 5 -7. City designated as bird sanctuary. All lands within the corporate limits of the city are hereby declared to be and designated as a bird sanctuary. It shall be unlawful for any person to intentionally kill, trap or injure any bird within said area. It shall be unlawful to establish, maintain or keep a bird aviary within 100 feet of any structure used for human habitation or work. This does not apply to a bird inside an owner's dwelling or a permitted business with the appropriate licensing to permit such activity. Sec. 5 -8. Animals prohibited. It shall be unlawful for an owner to keep or permit to be kept within the city any horses, hogs, Vietnamese pot- bellied pigs, sheep, goats, bees, cattle, chickens, or other farm animals, and any animal from the wild, unless said species are both kept on property appropriately zoned and lawfully permitted, if necessary, by the Florida Fish and Wildlife Conservation Commission. All venomous snakes permitted by the Florida Fish and Wildlife Conservation Commission shall also be required to register with the city's animal control division. The prohibition contained herein applicable to horses, hogs, Vietnamese pot - bellied pigs, sheep, goats, bees, cattle, chickens, or other farm animals shall not apply to any property within the city that either: (1) Maintains an agricultural property designation with the Volusia County Property Appraiser's office as [of] June 15, 2009; or (2) Was previously zoned for agricultural purposes and proof is made to the city that such species resided and existed on the property prior to any zoning change and have continuously resided and existed on the property since the zoning change. A residential premises shall not exceed a maximum number of five dogs or cats, or a combination thereof, and must provide proof from a licensed veterinarian that each dog or cat has been sterilized. Any premises that harbors m ore th an one an unsterilized dog or cat over four months of age must obtain a breeders permit, an unaltered animal permit or both (those that are applicable under the circumstances). Sec. 5-9. Reserved. Sec. 5 -10. Feeding of wildlife prohibited. It shall be unlawful for anyone to fee, entice, shelter or encourage any wildlife, including feral cats as defined in section 5 -2, or as otherwise prohibited by state law. Sec. 5 - 11. Wildlife hybrids prohibited. (a) It shall be unlawful to own, harbor, keep, transport, sell or breed any wildlife hybrid of the family canis or felis or breed any wildlife with a dog or cat unless the owner or breeder is in possession of a permit issued by the Florida Fish and Wildlife Conservation Commission ( "FWC ") authorizing such activity. This prohibition shall not apply to such animals who are within the corporate limits of the city prior to August 1, 1997, as long as they can provide proof of such residence and existence of that permitted animal prior to that date. However, the keeping or maintenance of any such animals shall be subject to such regulations as the city council may enact. (b) All wildlife hybrids not exempted from the provisions of this section shall be deemed contraband and shall be delivered to a person possessing an appropriate state permit, an animal control officer or the holding or impounding facility currently under contract with the city for services or one that is designate from time to time by the city. 9 Strife - through passages are deleted. Underlined passages are added. #2011 -0 -11 Sec. 5 -12. Animals defecating on public or private property prohibited. (a) No owner of any animal shall cause or allow such animal to defecate on any public or private property other than that of the owner unless such owner immediately removes and disposes of all feces deposited by such animal by the following methods: (1) Collection of the feces by appropriate implement and placement in a container; (2) Removal of such container to the property of the owner and disposition thereafter in a manner consistent with applicable laws. (b) No owner shall permit any waste matter from an animal to collect and remain on the property of the owner or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition. (c) No owner shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. (d) The owner of any animal shall keep his own property free of animal excrement to the extent that is necessary to prevent noxious or offensive odors from escaping onto adjacent property or public rights -of -way. Sec. 5 -13. Animals prohibited in parks and on beaches. No animal shall enter into or on any public park or beach in the city unless such park or beach is designated and posted by the city as an animal park. This provision shall not apply to animals assisting disabled persons or dogs being used by law enforcement officials for law enforcement activities. Sec. 5 -14. Running at large prohibited. (a) Prohibition of animals at large. (1) No owner shall permit, either willfully or through failure to exercise due care and control, any animal to run at large off the premises of the owner. (2) Upon finding an animal at large, an animal control officer may issue a warning or in his/her discretion, a citation for such violation or, alternatively, if the owner cannot be identified and located with reasonable effort, such animal may be seized and impounded. (b) Seizure of at large animals; harboring and finder ownership. (1) When an animal is at large on private property, the animal may be seized by the property owner or tenant in a humane manner. The animal shall be delivered to an animal control officer, or the city's designated holding or impounding facility within two (2) business days unless the person seizing the animal wishes to keep the animal as his/her own. If the person seizing the animal wished to keep the animal, he /she shall notify the animal control officer who shall attempt to determine ownership of the animal. If no owner is found within three (3) calendar days, the finder shall be conclusively presumed to be the owner of such animal. (2) Any person seizing an animal and then delivering the animal to an animal control officer, the designated holding or impounding facility shall do so at his/her own risk. Upon delivery the finder shall sign a delivery document stated stating the date, time and location where the animal was found and a description of the animal. 10 St�ik ough passages are deleted. Underlined passages are added. #2011 -0 -11 (3) If the ownership of a found animal is in dispute, the person claiming previous ownership of the found animal must provide the finder with proof of ownership in order to successfully reclaim the animal. Such proof may include documentation of prior veterinary records of such animal and/or identifying photographs. (4) Any person who seizes an animal pursuant to this section shall exercise utmost care to treat the animal humanely and to avoid inflicting any cruelty, injury, sickness, hunger or other ailment or affliction upon the animal during either the seizure or delivery of the animal. Any person unable to comply with this section shall not seize the animal. Sec. 5 - 15. Animals under restraint. While on or off the property of the owner, it shall be the duty of every owner to keep the animal under restraint and control as defined in section 5 -2. Sec. 5 - 16. Restraint of guard dogs. (a) Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounding by a fence at least six feet in height and shall be topped with an anti- climbing device constructed of angle metal braces with at least three strands of equally separated barbed wire stretched between them. (b) All anti - climbing devices shall extend inward at an angle of not less than 45 degrees nor more than 90 degrees when measured from the perpendicular. (c) The area of confinement shall have all gates and entrances securely closed and locked and all fences properly maintained and escape proof. (d) The area of confinement shall be posted at all gates and along each outside boundary with appropriate warning signs showing "warning bad dog" along with a picture of a "bad dog ". (e) The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies. Sec. 5 - 17. Public nuisance animals prohibited. It shall be a violation of this chapter for an owner to allow an animal to become a public nuisance animal as defined in section 5 -2 or for an owner to keep a public nuisance animal. Sec. 5 - 18. Poisoning or trapping of animals. (a) An animal control officer may set box or live -cage traps for animals which have allegedly bitten a person or another animal, for public nuisance animals or for the purpose of humane rescue in the interest of the animal itself as determined by an animal control officer. Traps shall not be set during hours when an animal control officer is unavailable to retrieve or release a captured animal. A trap shall be checked a minimum of once every eight hours by an animal control officer or the person requesting the trap. Any person who requests a trap for an animal destroying property shall: (1) Fill out the appropriate documentation/agreement with the animal control division; (2) Pay a fee, if applicable as established by resolution of the city council; (3) Adhere to the policies and requirements for obtaining such trap from the animal control division; and 11 Strike through passages are deleted. Underlined passages are added. #2011 -0 -11 (4) The person requesting the trap shall immediately notify an animal control officer when an animal is captures. (b) Except for the trapping of rats, mice and crabs, the trapping of animals by persons other than an animal control officer or without a permit from the Florida Fish and Wildlife Conservation Commission ( "FWC ") is prohibited. Animal control officers are authorized to confiscate any trap used in violation of this section. (c) No person shall leave or deposit any poisonous or injurious substance of any kind on public or private property which would injure or kill an animal except as set forth below: (1) When contracting the services of a professional, licensed exterminator for moles only commercial mechanical devices intended for that purpose shall be used. (2) Products, substances or poisons which are completely enclosed in a tamper - resistant or tamper -proof bait station accessible only to rats and mice. (d) Professional trappers or trappers for hire not retained by the city shall obtain a business tax receipt and certificate of use (if applicable), register with an animal control officer and adhere to all requirements contained in this section. Sec. 5 -19. Cruelty to animals prohibited. (a) It shall be unlawful for an owner to by act or omission inflict cruelty on an animal. (b) No owner shall abandon an animal. (c) It shall be unlawful for any person to strike, beat, abuse or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death upon such animal. However, reasonable force may be used to drive away vicious or trespassing animals. Sec. 5 -20. Female animals in heat. An owner of a female animal in heat must be in compliance of section 5 -37 (Mandatory spay and neuter) and have complied with the requirements hold an unaltered animal permit for said female animal. It shall be a violation of this chapter for the owner of any female animal in heat to fail to keep the animal confined in a building or secure enclosure, veterinary hospital or boarding kennel in such a manner that the female animal cannot come in contact with another animal except for controlled and intentional breeding purposes. Any female animal not confined as herein provided shall be impounded and shall not be redeemed during the period of heat. Such animal shall be redeemed in accordance with the provisions of section 5 -41. Sec. 5 -20.1. Attempting to breed. An unsterilized male animal attempting to breed with a female in heat who is in compliance of section 5 -20 (Female animals in heat) and section 5 -37 (Mandatory spay and neuter), shall be found in violation of section 5 -14 (Running at large prohibited), section 5 -37 (Mandatory spay and neuter) and shall also be in violation of this section. Sec. 5 -21. Disposition of dead animals. (a) When any animal dies for any reason other than rabies or a suspicion of rabies, the owner shall immediately dispose of the carcass of such animal by burying it at least three feet 12 Strike ough passages are deleted. Underlined passages are added. #2011 -0 -11 below the surface of the ground. If the animal dies as a result of rabies or if rabies is suspected, the carcass shall be surrendered to the animal control officer pursuant to section 5 -54. (b) When an animal control officer discovers a dead animal on private property, the animal control officer shall provide written notice to the owner, ordering the owner to dispose of the carcass within 24 hours. If the owner fails to comply or cannot be located, the animal control officer shall dispose of the carcass and shall bill the owner for the cost of disposal. (c) When an animal control officer discovers a dead animal on public property, the animal control officer shall dispose of the carcass and make a reasonable effort to identify and notify the owner of the animal. (d) A long shall be maintained by the animal control division listing the date, time and location where a carcass was discovered and a description of the animal for the purpose of providing information to owners seeking information on missing animals. Sec. 5 - 22. Animals transported in vehicles. Any animal transported in any open vehicle shall either be within a cage, crate or pen which is well - ventilated and secured within the body of the vehicle or restrained by a tether affixed to the center of the vehicle and attached to the collar or harness of the animal so as to prevent the animal from escaping or causing injury to itself or any person. The tether shall be short enough to prevent the animal's head from reaching the sides or back of the vehicle. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry, or other agricultural livestock in trailers or other vehicles designated and constructed for such purposes. Sec. 5 - 23. Duties of driver when vehicle strikes animal. Any operator of a motor vehicle who strikes an animal shall immediately report such injury or death to the animal's owner. in the event the owner cannot be located, the motor vehicle operator shall report the accident as soon as possible to an animal control officer. Sec. 5 - 24. Dogs and cats transported or offered for sale or gift. Any dog or cat transported into the city for sale or offered in the city for sale or gift shall be subject to the health requirements set forth in F.S. §828.29. City- operated or county- operated animal control agencies and registered, nonprofit humane organizations shall be exempt from the provisions of this section. Sec. 5 -25 — 5 -29. Reserved. ARTICLE II. VACCINATIONS, LICENSES AND PERMITS Sec. 5 -30. Vaccination of dogs, cats and other animals. All dogs, cats, ferrets and other animals that a veterinarian would normally vaccinate, four months of age or older, must be vaccinated by a licensed veterinarian against rabies with a vaccine that is licensed by the United States Department of Agriculture for use in those species. The owner of every dog, cat, ferret and other animal shall have that animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between shall conform to the vaccine manufacturer's directions. The cost of vaccination must be borne by the animal's owner. Evidence of circulating rabies virus neutralizing antibodies shall not be used as a substitute for 13 Strike - through passages are deleted. Underlined passages are added. #2011 -0 -11 current vaccination in managing rabies exposure or determining the need for booster vaccinations. Sec. 5 -31. License required. Every person who owns a dog, cat, ferret or other animal over the age of four months within the city shall annually obtain a license for such animal from the city's animal control division. Such license shall be valid for not more than one year from the date of rabies vaccination. (1) Application. Application for such license shall be made by the owner within ten (10) calendar days after acquiring any dog, cat, ferret or other animal over four months of age or within ten (10) calendar days after a dog, cat, ferret or other animal becomes four (4) months of age. The application shall be in such form and shall require such information and documentation as shall from time to time be prescribed by the animal control division. Any owner moving to the city for the purpose of establishing residence or becoming a resident as a result of annexation shall have until ten (10) calendar days after moving or annexation to obtain a license. (2) Proof of rabies vaccination required. All owners applying for a license must present a current official rabies certificate issued by a licensed veterinarian. (3) Proof of Sterilization. Any owner claiming that his or her dog, cat, ferret or other animal has been spayed or neutered must present certification from a licensed veterinarian showing that such operation has been performed. (4) Payment of license fee. A license fee shall be paid at the time of application. The license fee shall be established by resolution of the city council and shall provide for a reduced fee for sterilized animals. (5) Exemption from license fee. License fee shall not be required for dogs utilized to assist the disabled, Seeing Eye dogs, government police dogs or dogs belonging to a nonresident of the city and kept within the boundaries of the city for not longer than 3A thirty (30) calendar days. All dogs of nonresidents shall at the time of entry into the city be properly vaccinated against rabies, and while kept within the city meet all other requirements of this chapter. Any owner claiming a licensing exemption has the burden of proving to the satisfaction of the city that the dog, cat, ferret or other animal in question is entitled to such exemption. (6) Administrative fee. Any licensed veterinarian that dispenses license tags on behalf of the city, shall be allowed to deduct an administrative fee in the amount established by resolution of the city council. (7) Breeder permit. An owner must obtain an annual permit through city's animal control division for: a. An adult animal intended for breeding purposes. b. Any premises that harbors more than one (1) unaltered dog or cat over four months of age. 14 Strip passages are deleted. Underlined passages are added. #2011 -0 -11 Sec. 5 -32. License tag and breeder permit tag. (a) License tag. Each dog, cat, ferret or other animal licensed as provided for in section 5 -31 shall be issued a metallic license tag. Such tag shall have a license identification number which corresponds to the number on the license certificate. The color of the metallic license tag shall be different than that of the breeder permit tag. License tags shall be valid for one year from the date of rabies vaccination; a separate rabies vaccination and license tag are required for each animal as described in section 5- 30. Any person who obtains a rabies vaccination that is valid for a period of time longer than one year is required to obtain a current city license tag annually on the date the rabies vaccination was given. (b) Breeder permit tag. Persons breeding animals shall register and be issued a separate breeder permit tag upon completion and approval of the breeder permit application process through animal control. Each breeder permit tag shall have a license identification number which corresponds to the number on the breeder permit. The color of the metallic breeder permit tag shall be different than that of the license tag. Breeder permit tags shall be valid for one year from the date of issuance and for only one animal. Breeder will be required to live in properly zoned areas and acquire a Business Tax Receipt from the City to operate business. Sec. 5 -33. License tag and rabies tag to be attached to collar or harness of animal. The city metallic license tag and rabies tag shall be attached to the collar or harness of the animal which shall be worn at all times. Sec. 5 -34. Issuance of duplicate tag. In the event of loss or destruction of the metallic license tag, the owner shall obtain a duplicate tag. The duplicate tag shall be issued at a cost established by resolution of the city council. Sec. 5 -35. Exceptions to vaccination requirements. No dog or cat shall require vaccination if: (1) A licensed veterinarian has examined the animal and certified that at such time vaccination would endanger its health because of its age, infirmity, debility, illness or medical consideration; and (2) A certificate evidencing such exception is presented to the city. An exempt animal shall be vaccinated against rabies as soon as its health permits. Sec. 5 -36. Breeding facilities and kennels. (a) Residential areas. (1) No person shall establish or maintain animal breeding on their residential premises without first obtaining an annual breeder permit and license tag for each unsterilized adult animal intended for breeding purposes. The license fee shall be established by resolution of the city council. 15 Stri hough passages are deleted. Underlined passages are added. #2011 -0 -11 (2) Any animal intended for breeding must be a household pet and reside primarily inside the residence. (3) At no time will the total number of adult animals exceed three (3) per licensed breeder residence. (4) The offspring of the animals bred may be sold by the owner upon compliance with all city, county and state requirements. (5) There shall be only one species of dog or cat bred at any licensed breeder residence. There shall be no more than one litter produced per year per animal with a maximum of two litters per breeder residence per year. (6) For protection and identification, all breeding animals will be identifiable by either a tattoo or implant device. An implant scanner must be on the premises if an implant device is used. (7) Any person who is a breeder shall obtain an annual business tax receipt and certificate of use for their business. (b) Kennels. (1) Kennels shall be located in compliance with the Edgewater Land Development Code and the owner shall be required to obtain an annual business tax receipt and certificate of use for their business. (2) Kennel owners must live on the premises. (3) No person shall establish or maintain animal breeding in a kennel without first obtaining an annual breeder permit and license tag for each unsterilized adult animal intended for breeding purposes. (4) For protection and identification, all breeding animals will be identifiable by either a tattoo or implant device. An implant scanner must be on the premises if an implant device is used. (5) A boarder shall not reside in a kennel for more than three (3) weeks per visit, nor more than forty -five (45) calendar days annually. (c) Breeder responsibilities. It shall be a violation of this chapter for breeders to fail to: (1) Maintain accurate records of all animals produced by breeding and a record of their final disposition. (2) Display an appropriate breeder license tag number in all advertising. (3) Supply the new owner with the breeder license tag number, information on the importance of spaying and neutering, and the requirements of this chapter. (4) Immunize all dogs or cats offered for sale, trade, other consideration or given away as required by section 828.29, Florida Statutes. (5) Offer a spay /neuter contract and follow up on the contract. (6) Guarantee to accept return of offspring for any reason. (d) Indoor facilities for breeding and kennels. (1) Facilities must be maintained with temperature, ventilation and lighting suitable for each breed of animal housed. 16 �e threugh passages are deleted. Underlined passages are added. #2011 -0 -11 (2) The facilities must provide adequate shelter from the elements and be kept clean, dry and maintained regularly so as to promote proper health for the animals being kept. Food must be fresh, wholesome, palatable, nutritionally adequate and offered to each animal at least once daily. Water must be fresh and available at all times. All animals shall be provided proper and necessary veterinary care. (3) Interior building surfaces of any indoor facility shall be constructed and maintained so that they are impervious to moisture and can be readily sanitized. (4) If drains are used, they shall be properly constructed and kept. (5) Cages, kennels and runs must have enough space for animals to lie down, stand, sit and stretch without touching the sides or top. Dogs shall be exercised a minimum of 30 minutes twice daily. (6) Concrete floors and runs must have a resting board and cages must have bedding. Insulated bedding materials shall be provided during inclement weather extremes. (7) All facilities shall be constructed and maintained in compliance with all applicable building and technical codes. (8) Housing areas shall be illuminated during the daylight hours if sunlight does not shine into the cages. (9) All cages shall be constructed of impervious porous materials and shall have floors of either solid construction or metal grid construction. Cages having metal grid floors may be used provided the grid size is smaller than the pads of the feet of the animals confined therein. No cages shall be enclosed entirely by solid walls. Stack cages must have solid floors and if drains are used, they shall be properly constructed and kept in good repair to avoid foul odors. (e) Outdoor facilities for breeding and kennels. (1) Shelter. Sufficient shade shall be provided to afford all animals protection from direct sunlight. Sufficient cover shall be provided to protect all animals form rain. Shelter shall be provided for all animals when the ambient temperature falls below 50 degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the elements shall be provided when the ambient temperature falls below that temperature to which the animals are acclimated. (2) Cleaning of enclosures. Excreta shall be removed from enclosures as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning an enclosure any animal contained therein shall be removed from such enclosure during the cleaning process and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other waste. A suitable method shall be provided to rapidly eliminate any excess water. (3) Sanitation of enclosures required Prior to the introduction of animals into empty enclosures previously occupied, such enclosures shall be sanitized. Enclosures for animals shall be sanitized often enough to 17 Str-ilee-ttreugh passages are deleted. Underlined passages are added. #2011 -0 -11 prevent an accumulation of debris or excreta or a disease hazard; provided, however, such enclosure shall be sanitized at least once per week. (4) Method of sanitation. Cages, rooms and hard - surfaced pens or runs shall be sanitized by washing them with hot water and soap or detergent or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand or dirt shall be sanitized by removing the soiled gravel, sand or dirt and replacing it as necessary. (5) Pest control. An effective program for the control of insects, ectonarasites and avian and mammalian pests shall be established and maintained. (f) Inspections and enforcement. Annual inspections of breeding facilities and kennels shall be conducted by the animal control officer. An animal control officer may, without notice, inspect breeding facilities and kennels in the investigation of a complaint against such facility. Sees. 5 37 5 39. Reserved. Sec. 5 -37. Mandatory spay and neuter. (a) Purpose. The unintended or uncontrolled breeding of dogs and cats within the city leads to many becoming unwanted strays, suffering privation, constituting a public nuisance and health hazard and can result in death. The unintended or uncontrolled breeding results in numerous animals being impounded and euthanized at great expense to the community. It is, therefore, declared that every feasible means of reducing the number of unwanted dogs, cats, puppies, and kittens be encouraged. (b) Spaying, neutering of dogs and cats. (1) Requirement. No person may harbor a dog or cat six (6) months of age or older within the city that has not been spayed or neutered unless such person holds an unaltered animal permit for each unaltered dog or cat, unless the dog or cat is otherwise exempt under this section. (2) Unaltered animal permit. a. Qualifications. An owner of an unaltered dog or cat shall qualify for an unaltered animal permit if one of the following is satisfied: 1. Shows and competitions. The dog or cat is used to show, to compete or to breed, which is of a breed recognized by and registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders Association (ADBA), Cat Fanciers' Association (CFA), or other bona fide registry and meets one of the following requirements: The dog or cat has competed in at least one (1) show or sporting competition sanctioned by a bona fide national registry within the last three hundred sixty -five (365) calendar days ii. The dog earned conformation, obedience, agility, carting, herding, hunting, protection, rally, sporting, working or other title from a purebred dog registry, referenced above, or other registry or dog sport association; or 18 Strike - through passages are deleted. Underlined passages are added. #2011 -0 -11 iii. The owner of the dog or cat is a member of, and the dog or cat is registered with a bona fide purebred dog breed club or cat fancier's association, which maintains and enforces a code of ethics for dog or cat breeding that includes restrictions from breeding dogs or cats with genetic defects and life threatening health problems that commonly threaten the breed, or the owner signs a statement under oath attesting that the dog or cat is being trained to comply with subsections i. or ii., above. 2. Medical fitness. A veterinarian licensed in the State of Florida certifies in writing that a dog or cat is medically unfit to undergo the required spay or neuter procedure because of a medical condition, including but not limited to age, would be substantially aggravated by the procedure or would likely result in the death of the dog or cat. The certification must state the date, if any by which the dog or cat may be spayed or neutered. As soon as the medical condition that prevents a dog or cat from being spayed or neutered ceases to exist, it shall be the duty of the owner to have it spayed or neutered within thirty (30) calendar days. 3. Law enforcement. The dog is currently used by a law enforcement agency for law enforcement purposes or is part of a bona fide law enforcement animal breeding program. The owner shall comply with this article relating to breeder permits, facilities, etc. 4. Service animals. A dog or cat that is a service animal as defined in this chapter, 28 C.F.R. 36.104 and F.S. 413.08 or is part of a bona fide service animal breeding program. The owner shall comply with this article relating to breeder permits, facilities, etc. 5. Breeders. The owner demonstrates to the animal control division proof of a breeding contract for a particular dog or cat, membership in a bona fide national, state or local organization, for the perpetuation of a given breed of dog or cat or proof of a litter produced by breeding of the dog or cat within the last three hundred sixty -five (365) calendar days. 6. Hunting and herding dogs. The dog is currently used as, or trained to be, a hunting or herding dog and the dog is registered with a bona fide national, state or local hunting or herding dog association. Alternatively, the owner of the dog signs a statement under oath attesting that the dog is used, trained, or will be trained to be a hunting or herding dog. None of the aforementioned qualifications shall be construed to authorize the breeding or harboring of dogs or cats in violation of the Zoning Code of the City, or exempt the owner or their dog or cat from any other provisions of this chapter. b. Deadline. A dog or cat governed by this section shall be spayed or neutered by its owner or, if eligible, the owner shall obtain an unaltered animal permit within thirty (30) calendar days of the dog or cat becoming 19 Strip passages are deleted. Underlined passages are added. #2011 -0 -11 six (6) months of age, or by September 1, 2011, whichever is later in time or, in the case of an owner whom acquired a dog or cat after it becoming six (6) months of age, thirty (30) of acquisition. c. Microchipping. As a condition to obtaining an unaltered animal permit, an eligible dog or cat must be implanted with an identifying microchip and the owner must provide the microchip number to the animal control division. This requirement shall not apply to hunting or herding dogs. d. Place of residence. The address of the owner shall be presumed to be the residence of the dog or cat. All changes of address must be reported to the animal control division within thirty (30) calendar days following such change. e. Change in ownership. A permit holder shall notify the animal control division and the national registry applicable to the implanted mircochip in writing of any change in ownership of a dog or cat within thirty (30) calendar days. f. Term of permit. An unaltered animal permit shall be valid for the life of the dog or cat. & Revocation. Upon receipt of information of violation of this section, the animal control division may issue a notice of revocation to a permit holder. The notice of revocation shall provide a summary of the information of the violation and shall be sent by certified mail, return receipt requested, hand delivery by a police officer, or animal control officer, or upon posting of the property at the address listed in the permit application. Any request for hearing shall be filed by the permit holder with the animal control division within ten (10) calendar days after the permit holder's receipt of said notice. The permit holder shall set forth the reasons why the permit holder believes the revocation would be an error. Failure to timely request a hearing shall render the revocation final. All hearings shall be conducted by the animal control board within thirty (30'i calendar days after the receipt of a request for hearing and in accordance with section 5 -6. The original of the board's written decision shall be filed with the animal control division and copies shall be mailed to the city attorney and permit holder. The original of the board's written decision shall be filed with the animal control division and copies shall be mailed to the city attorney and permit holder. h. Penalty. Any person who violates any provision of this section is subject to the enforcement procedures and penalties of this chapter. These penalties shall not preclude the issuance of a notice of revocation to a holder of an unaltered animal permit for violations of this section. (3) Exemptions. A dog or cat that meets the following criteria shall be exempt from this section and not be required to obtain an unaltered animal permit: a. A dog or cat temporarily harbored within the city for less than thirty (30) calendar days within any calendar year. (4) Fee. A permit fee shall be paid at the time of application. The unaltered /unsterilized animal permit fee shall be established by resolution of the city council. 20 Strike - through passages are deleted. Underlined passages are added. #2011 -0 -11 Secs. 5 -38 — 5 -39. Reserved. 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 accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 21 Strike - through passages are deleted. Underlined passages are added. #2011 -0 -11 PART F. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on July 18, 2011 was as follows: AYE NAY Mayor Mike Thomas Councilman Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Ted Cooper After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Ted Cooper 22 passages are deleted. Underlined passages are added. #2011 -0 -11 PASSED AND DULY ADOPTED this 15th day of August, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 15th day legality by: Carolyn S. Ansay, Esquire of August, 2011 under Agenda Item No. City Attorney 8 . Doran, Sims, Wolfe, Ansay & Kundid 23 Strike-through passages are deleted. Underlined passages are added. #2011 -0 -I 1 %e AGENDA REQUEST Date: July 7, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION: Ordinance #2010 -0 -16 — Extending the policy to temporarily reduce impact fees for non - residential properties for an additional one (1) year. BACKGROUND: It is necessary to stimulate growth in non - residential areas in an attempt to create additional jobs within the City of Edgewater. In an attempt to enhance economic development and non - residential development that will create additional jobs, this Ordinance would institute a temporary policy to allow for the adjustments to the assessment and collection of all non - residential development that will create additional full -time equivalent jobs. The reduction of the impact fees for non - residential development will be considered based on the number of full -time equivalent jobs that are created. The applicant would be required to maintain the jobs for a period of 1 -year. City Council approved Ordinance #2010 -0 -16 on September 13, 2010 with an original expiration date of September 30, 2011. STAFF RECOMMENDATION: Staff recommends approval of the one (1) year extension of Ordinance #2010 -0 -16. ACTION REQUESTED: Motion to approve the one (1) year extension of Ordinance 2010 -0 -16. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: T ace, T. Barlow Robin L. Matusick City anager Paralegal ORDINANCE NO. 2010 -0 -16 AN ORDINANCE OF THE CITY OF EDGEWATER ESTABLISHING POLICY TO TEMPORARILY REDUCE APPLICABLE SIDEWALK, FIRE /EMS, POLICE AND TRANSPORTATION /ROAD IMPACT FEES BASED ON JOBS CREATED; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE/TERMINATION DATE. WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Ordinance No: 2004 -0 -39 on December 6, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Transportation /Roadway; and WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Sidewalks; and WHEREAS, the City Council adopted Ordinance No: 2001 -0 -01 on March 19, 2001 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Fire /Ems; and WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Police; and WHEREAS, the City Council has determined that it is necessary to take action in order to stimulate the non - residential growth that will create additional jobs in the City of Edgewater; and WHEREAS, the City Council desires to enhance economic development by reducing impact fees for non - residential development and non- residential redevelopment that will encourage the creation of additional jobs; and WHEREAS, the City Council desires to institute a temporary policy to allow for the adjustments to the assessment and collection of all non - residential impact fees in order to stimulate the non- residential growth in the City of Edgewater; and NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 1 Stfike-threttgll passages are deleted. Underlined passages are added. #2010 -0 -16 PART A. ESTABLISHING POLICY TO TEMPORARILY ALLOW FOR ADJUSTMENTS TO THE ASSESSMENT AND COLLECTION OF ALL NON - RESIDENTIAL IMPACT FEES AS SET FORTH BELOW: Section 1. All new development and redevelopment of non- residential properties that will create additional Full Time Equivalent (FTE) jobs will be eligible for a reduction from the referenced impact fees. A Full Time Equivalent (FTE) job is considered to be jobs offered at 32- hours or greater in a one week period. Application for construction of the new development or redevelopment upon which a reduction in impact fees is sought shall occur within 30 days of this agreement and construction shall start within 90 days from the effective date of the issuance of any development orders /approvals and must be completed within 12 months from the date of commencement of construction. Section 2. The reduction will be equivalent to $2,000 for each FTE job created and cannot exceed the sum total of the eligible referenced impact fees. The reduction will be equally divided among the applicable referenced impact fees. Section 3. FTE created jobs receiving the impact fee reduction must be continuously retained for a 12 month period after construction is completed. The City will record a lien against to the real property that the project is associated with equal to the sum total of the impact fees that had received the reduction based on the number of jobs created. If the FTE jobs created are not retained for a twelve month period or any other condition related to the reduction is not met, then the appropriately adjusted reduced impact fee shall become immediately due and payable dating back to the date the adjusted fees would have been assessed. Once the adjusted impact fees are satisfied, the City will release the liens associated with the reduced portion of the impact fees. Section 4. Any person or entity seeking a reduction in impact fees as described herein shall file with the City an application for reduction, prior to receiving a building permit for the new development. The application shall, at a minimum, contain; 1) the name and address of the applicant, 2) an up -to -date, complete legal description of the site upon which the development is proposed to be located, 3) the nature of the business and the estimated number of FTE jobs anticipated to be created by the new development. Applicants must execute an agreement with the City of Edgewater describing the FTE jobs to be created and agree to reimburse the credited impact fee reduction if 1) construction is not commenced within 90 days of the effective date of the development orders /approvals, 2) construction is not completed within 12 months from the date of commencement of construction and 3) the FTE jobs created are not continuously retained for the entire 12 month period. In the event only a portion of the FTE jobs anticipated to be created are not retained for the entire 12 month period, only that portion of impact fee reduction associated with those FTE jobs will be due and payable and the Applicant shall maintain the benefit of the reduction for those FTE jobs which are indeed retained for the entire 12 month period. The required timeframes may only be extended by the 2 &pike thfeugh passages are deleted. Underlined passages are added. #2010 -0 -16 City after approval by the City Council and execution of an amendment to the agreement by both the City and the Applicant. Section 5. Applicants must agree to supply any documentation requested in order to justify and /or confirm the maintenance of the FTE jobs. Referenced documentation may be requested at any time throughout the agreement period. Section 6. Applicants will be responsible for any disclosure of tax requirement affiliated with the reduction of impact fees affiliated with the creation of the FTE jobs. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. This ordinance shall become effective immediately upon adoption and shall expire on September 30, 2011. Upon expiration, all impact fees payable in accordance with the City's impact fee ordinances shall be again due and payable upon all new development and redevelopment projects. Only those development or redevelopment projects with a fully executed agreement on or before the date of expiration shall remain eligible for a reduction in impact fees as described herein provided the terms of the agreement are met and continue to be met. Section 9. The expiration of this ordinance may be extended in periods not to exceed one (1) year periods by the City Council provided the City Council approves the extension prior to its expiration. 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, 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 3 Str+ke-tthfeugh passages are deleted. Underlined passages are added. #2010 -0 -16 PART D. EFFECTIVE DATE/TERMINATION DATE. That this ordinance shall become effective upon its final adoption and shall terminate on September 30, 2011. PART E. ADOPTION. After Motion to approve by Councilman Cooper with Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on August 16, 2010, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers ABSENT Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X After Motion to approve byerturiejlovi Cdr- with Second by La 13 the vote on the second reading /public hearing of this ordinance held on September ?,,ff, 2010, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes Absen -- Councilman Ted Cooper 4 Strike- thfettgh passages are deleted. Underlined passages are added. #2010 -0 -16 k. PASSED AND DULY ADOPTED this Oth day of September, 2010. ATTEST: CITY COUNCIL OF THE CI Y OF ED !' — VVATER „FLORIDA 1) y: ! darwirkiti Bonnie Wenzel Mike ' e l as City Clerk Mayor ;`it dr_ AI ^ �; - Robin L. Matusiek Paralegal dfio A” For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this '29t11 day legality by: Carolyn S. Ansay, Esquire of September, 2010 under Agenda Item lo. City Attorney <,:, . Doran, Sims,Wolfe, Ansay, Kundid & Birch 5 e- taw -eugh passages are deleted. Underlined passages are added. #2010 -0 -16 AGENDA REQUEST Date: July 7, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION: Ordinance #2010 -0 -17 — Extending the policy to temporarily defer applicable Sidewalk, Fire/EMS, Police and Transportation/Road Impact Fees for an additional one (1) year. BACKGROUND: It is necessary to take action in order to stimulate non - residential growth that will diversify the tax base in the City of Edgewater. In an attempt to enhance economic development, the City wishes to institute a temporary policy to allow deferring payment of the referenced impact fees for non - residential development and non - residential development or expansion that is required to pay the referenced fees which would allow adjustments to the collection of all non - residential impact fees in order to stimulate the non - residential growth within Edgewater. The purpose of the deferral is to encourage additional businesses by allowing them time to establish their business and generate revenue. City Council approved Ordinance #2010 -0 -17 on September 13, 2010 with an original expiration date of September 30, 2011. STAFF RECOMMENDATION: Staff recommends approval of the one (1) year extension of Ordinance #2010 -0 -17. ACTION REQUESTED: Motion to approve the one (1) year extension of Ordinance #2010 -0 -17. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: Trace . Barlow Robin L. Matusick Cit anager Paralegal ORDINANCE NO. 2010-0-17 AN ORDINANCE OF THE CITY OF EDGEWATER ESTABLISHING POLICY TO TEMPORARILY DEFER APPLICABLE SIDEWALK, FIRE /EMS, POLICE AND TRANSPORTATION /ROAD IMPACT FEES BASED ON JOBS CREATED; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE/TERMINATION DATE. WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Ordinance No: 2004 -0 -39 on December 6, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Transportation /Roadway; and WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Sidewalks; and WHEREAS, the City Council adopted Ordinance No: 2001 -0 -01 on March 19, 2001 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Fire /Ems; and WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Police; and WHEREAS, the City Council has determined that it is necessary to take action in order to stimulate the non - residential growth that will diversify the tax base in the City of Edgewater; and WHEREAS, the City Council desires to enhance economic development by deferring the payment of the referenced impact fees for non - residential development and any non - residential redevelopment or expansion that is required to pay the referenced impact fees; and WHEREAS, the City Council desires to institute a temporary policy to allow for the adjustments to the collection of all non - residential impact fees in order to stimulate the non- residential growth in the City of Edgewater; and NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 1 Strike - through passages are deleted. Underlined passages are added. #2010 -0 -17 PART A. ESTABLISHING POLICY TO TEMPORARILY DEFER APPLICABLE SIDEWALK, FIRE /EMS, POLICE AND TRANSPORTATION/ROAD IMPACT FEES BASED ON JOBS CREATED AS SET FORTH BELOW: Section 1. This provision applies to the new development, redevelopment or expansion of non - residential projects where the project's sum total of the referenced impact fees exceeds ten thousand ($10,000). Section 2. Eligible projects which qualify under this provision may have the portion of the impact fees exceeding ten thousand ($10,000) deferred for a period up to three (3) years from the date of completion of construction. Application for construction of the new development upon which a deferral in impact fees is sought shall occur within 30 days of the deferral request. Construction shall start within 90 days from the effective date of the issuance of any development orders /approvals and must be completed within 12 months from the date of commencement of construction. The City may demand payment in full in the event the subject property is sold or ownership is transferred or a receiver has been appointed or there is a change of use at any time during the deferral period. Section 3. The referenced eligible impact fees will be calculated at the time the first building permit is issued based on the rates in effect and will accrue interest at the rate of five percent (5 %) per annum for each year deferred. Interest shall be simple interest calculated on the original amount of impact fees deferred. The City will record a lien against to the real property that the project is associated with equal to the amount of the deferred impact fees. Section 4. Payment of the total impact fees plus interest shall be due in full at the end of the deferral period but no longer than three (3) years from the date of completion of construction. Once the deferred impact fees are satisfied, the City will release the liens associated with the deferred portion of the impact fees. Section 5. All ordinance or parts of resolutions in conflict herewith are hereby repealed. Section 6. This ordinance shall become effective immediately upon adoption and shall expire on September 30, 2011. Section 7. The expiration of this ordinance may be extended in periods not to exceed one (1) year by the City Council provided the City Council approves the extension prior to its expiration. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this 2 £mike - through passages are deleted. Underlined passages are added. #2010 -0 -17 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, 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. EFFECTIVE DATE/TERMINATION DATE. That this ordinance shall become effective upon its final adoption and shall terminate on September 30, 2011. PART E. ADOPTION. After Motion to approve by Councilwoman Rhodes with Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on August 16, 2010, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers ABSENT Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X 3 Strike - through passages are deleted. Underlined passages are added. #2010 -0 -17 After Motion to approve by G ,l on r ,'& i, ,with Second by (b r itnym eoope* , I th the vote on the second reading /public hearing of this ordinance held on September ?,(S, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes bsent Councilman Ted Cooper X PASSED AND DULY ADOPTED this bth day of September, 2010. ATTEST: CITY COUNCIL OF THE CITY OF E I,GE • T , R, LORIDA 1 r 1 -',X Pfst if , jilt/ 'li ti B . . ..+r�!► ..1 • ten. .-- Bonnie Wenzel , * Mike homas City Clerk ,, ° ayor ^ ,fly , �hw,,�gr. 0 �r ,r j % l 410 0, .." - .III.._.... ✓ r Robin L. Matusick . Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 20th day legality by: Carolyn S. Ansay, Esquire of September, 2010 under Agenda Item No. City Attorney gei • Doran, Sims,Wolfe, Ansay, Kundid & Birch 4 Strike-through passages are deleted. Underlined passages are added. #2010 -0 -17 AGENDA REQUEST Date: July 7, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION: Resolution #2010 -R -12 — Authorization to extend the policy to temporarily reduce fees for one (1) year for Annexation of Non - Residential Property & other related fees. BACKGROUND: November 16, 2009 City Council adopted Resolution #2009 -R -27 which incorporated various fees /costs, surcharges and administrative costs /fees relating to the Code of Ordinances and Land Development Code. It an attempt to diversify the tax base within the City of Edgewater the City desires to annex additional non - residentially zoned properties into the incorporated city boundaries. To encourage additional annexation on non - residential properties, this Resolution will institute a temporary policy to allow for the reduction in fees for annexation, comprehensive plan map amendment and zoning map amendments for non - residential zoned properties. City Council originally approved Resolution #2010 -R -12 on June 21, 2010 and subsequently approved a one (1) year extension on September 27, 2010. STAFF RECOMMENDATION: Staff recommends that City Council approve the extension of Resolution #2010 -R -12 temporarily reducing fees for annexation of non - residential properties & other related fees for one (1) year. ACTION REQUESTED: Motion to approve the extension of Resolution #2010 -R -12 for one (1) year. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X_ If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: acey . Barlow Robin L. Matusick City anager Paralegal RESOLUTION NO. 2010 -R -12 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA; ESTABLISHING POLICY FOR THE CITY COUNCIL TO REDUCE APPLICATION FEES FOR THE ANNEXATION OF NON - RESIDENTIAL ZONED PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE, ADOPTION AND EXPIRATION DATE. WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Resolution No: 2009 -R -27 on November 16, 2009 which incorporated various fees /costs, surcharges and administrative costs /fees relating to the Code of Ordinances, Land Development Code and various administrative costs /fees; and WHEREAS, the City Council has determined that it is necessary to take action in order to diversify the tax base in the City of Edgewater; and WHEREAS, the City Council desires to diversify the tax base by annexing additional non - residential zoned properties into the incorporated city boundaries of the City of Edgewater; and WHEREAS, the City Council desires to institute a temporary policy to allow for the reduction in the Annexation, Comprehensive Plan Map Amendment, Zoning Map Amendment, Conditional Use and Site Plan review fees for non - residential zoned properties desiring to be annexed into the City of Edgewater; and NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida: Section 1. This provision applies to the annexation of non - residential zoned properties into the corporate city boundaries of the City of Edgewater. Section 2. Eligible properties shall have the sum total of the Annexation, Comprehensive Plan Map Amendment, Zoning Map Amendment, Conditional Use and Site Plan review fee reduced in an amount equal to one (1) year of estimated city ad valorem taxes. The estimation shall be determined by applying the present taxable value to the present adopted city millage rate. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall become effective immediately upon adoption and shall expire on September 30, 2010. 2010 -R -12 1 Section 5. The expiration of this resolution may be extended in periods not to exceed one (1) year by the City Council provided the City Council approves the extension prior to its expiration. After Motion to approve byOnurtlux , I, r,, „., with Second byLiglh ,an hoe.$ the vote on this resolution on June 21, 2010, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers _1_ Councilwoman Gigi Bennington —X— Councilwoman Harriet B. Rhodes X . Councilman Ted Cooper X PASSED AND DULY ADOPTED this 21st day of June, 2010. ATTEST: CITY COUNCIL OF THE ITY 0 EDGEWATER, FLORIDA t, a 4 „44.0 . Qappi. L p* :It) On B : Bonnie Wenzel Mike T omas Citble' Mayor ( , t ,'ry'I �yy ti µ Vi e" ' Robin L. Matusick 4 ,,, � ' Paralegal 4) M u For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 21st day of legality by: Carolyn S. Ansay, Esquire June, 2010 under Agenda Item No. 8 d . City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch 2010 -R -12 2 qa AGENDA REQUEST Date: June 16, 2011 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT x CONSENT BUSINESS ITEM DESCRIPTION: Re- appointment of Jamie Young to the Animal Control Board. BACKGROUND: Jamie Young's term has expired. She has expressed her desire to be re- appointed for another 3 year term. STAFF RECOMMENDATION: Re- appoint Jamie Young to the Animal Control Board for a term of 3 years. ACTION REQUESTED: Motion to re- appoint Jamie Young to the Animal Control Board for a term of 3 years. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO x IF SO, DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: Barbara Kowall True y T. Barlow /City Manager Secretary, Animal Control Board DATE: June 16, 2011 TO: Mayor & City Council FROM: Jamie Young/Animal Control Board SUBJ: Board Re- appointment My term has expired on the Animal Control Board. This memo expresses my desire to be re- appointed to the Board for another term. 1 0,- 12,— C,PV:5C RCV!) APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES Name c -- I � , l o v Address 027 ,25 I C GA)� l�S 1 o3 W\ [ Q • dgiG�`7`! • 3,2V. Home Phone (38(2) x/27. 53 2 Business Phone (37(0) (. ^ 7. 98 Occupation I/ /Viat..H () leck. . Are you a registered voter? JJ Ye 5 Voting District Are you a resident of Edgewater? (`S How long? /0 9,' Is your principal place of employment in Edgewater? ,e/t, — , usg If yes how long? Briefly state your interest in serving on a City board or committee: State your experience /qualifications Are you employed by the City? Alpo you hold public office? /Q At the present time, do you serve on any other Boards or committees? If so, list each: VD Have you ever served on any boards or committees? //D If so, list each: (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER +ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD _CONSTRUCTION REGULATION BOARD RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT BOARD PLANNING & ZONING BOARD FIREFIGHTERS PENSION BOARD POLICE PENSION BOARD VETERANS PARK ADV. COMMITTEE Signature 1, , is . , / �,i /, Ado Date 3 -/3 (REVISE 7 -if ) / II JOo AGENDA REQUEST Date: July 1, 2011 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT CONSENT BUSINESS July 18, 2011 ITEM DESCRIPTION: Amended and Restated Memorandum of Agreement between the City of Edgewater and YMCA BACKGROUND: The City and YMCA originally entered into a Memorandum of Agreement on February 23, 1999. The original Memorandum of Agreement was amended and restated in its entirety on March 19, 2001 and subsequently amended pursuant to Addendum Number ldated April 5, 2004, Addendum 2 dated July 30, 2007, Addendums 3and 4 dated January 25, 2010 and Addendum 5 dated March 7, 2011. The term of this agreement was for 30 years, with contract review every 10 years. This is the initial 10 year review and staff has reviewed this agreement with representatives of the YMCA and has agreed to changes made in this Memorandum of Agreement. STAFF RECOMMENDATION: Staff recommends City Council approve the Amended and Restated Memorandum of Agreement between the City of Edgewater and the YMCA. ACTION REQUESTED: Motion to approve Amended and Restated Memorandum of Agreement between the City of Edgewater and the YMCA and authorize the Mayor to sign the agreement. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, e ,/ Jack Corder Trac > r: arlow / ( Department Director Cit, Manager BETWEEN THE CITY OF EDCEWATER and YMCA This Memorandum of Agrccmcnt is made and entercd into by the CITY OF go . _ ,, •, • . . • . . . . :••• • • f of each at PURPOSE • • - : - cribc the managcmcnt and use of the City's new . • . - . - . • • - _. • - "- . • • " _. . • • - - - ' ' - . . . - - - Council. COVENANTS and ACREEMENTS 1. Appo entef th YMC A YMCA Agreement 2. Major Responsibilitics of the YMCA a. General b. H 41aTI TJ - • . _ - 1 * 1 . . • • • .. - . • c. Insurance •, . • YMCA Agreement The City of Edgewater shall be a named insured undcr thc YMCA policy and d r aefatv Maintenance collection an d ,,l c. Subletting -- „ -- . -, -, . . -, . . • charges customarily chargcd by thc City. The YMCA agrccs to pay for all utility YMCA Agreement Non Discrin..nntip.. . • .. • . _ .. . . • • • , , - _ . ' _. . , , . . _ . - . - . . . _ 2. Membership Fees. YMCA membership fccs shall be the same for all branches with the Greater Daytona Bcaeh Chapter. A chart of current .. .- -- . . . . . .. . - .. , et hcrcin as Exhibit "B ". The YMCA agrccs to makc availablc to the City, YMCA Agreement ♦ . _ • . ! . . _ , . . . _ , • , . . . . ' . • • • • • . - • • • • _ • - • - , . • • • • . - . . . • • . • , . of the Facility as requested by the City. h. Taxes • i. Signagc • 2. Intcrior Sim. The YMCA may install and shall neatly maintain interior -- YMCA Agreement D.. ..t ti the Cit C l.Atanttal-iteview At least once per year, in thc early Spring, thc YMCA will invite the . .. _ !' YMCA Agreement hundred-ftfty-thr-ec and 11 /100 ($55,753.11). The YMCA has agreed te- reined thc City thc total amount due. by December 31, 2001. II. Child care facilities III. Expansion of recrctional amenities (racquet ball courts) YMCA Agreement 2001. Phase I was completed in July, 2002. n. Debt Service .. _ - ' . .. „ A. .- „ • e---Alter-atiens-and-Inifireventents YMCA Agreement . . .. • . ,. -. .- -• '' . • .. the City. -- _ parking-lets. • , • - • . . . ' . .. . ' . . , . • , - - • - , . . - - . . . . . • • .on•.. ∎.. ,,,,., _ .. • • . • • .. , . • . . _ 0 .. . • emergency management requirements to be designated as an emergency shelter. YMCA Agreement • .. .. - • • d. Emergency Use. In the event of a natural disaster or othcr unforeseen emergency, c. Security 1. The YMCA shall, at its expense, install door alarms and othcr such sccurity 2. Video sccurity will be a YMCA option and cost, unless the City deems it a rut. 3. As nccdcd, the YMCA w' . - . .. • - _ . . . - YMCA Agreement 5. Tcrm of the Agreement a--Dur-atien b,--Star-tine-Date c. Lease a te . - - Te tier o€ -the-CentFaet new Facility, the City shall rcimbursc the YMCA for a pro rata share of the 1. Default by the YMCA. Should thc YMCA dcfault on thc terms of this 1t 3. Bankruptcy. This contract is void if thc YMCA undcrtakes voluntary or YMCA Agreement involuntary bankruptcy Nde t aoye uaa tib N , 5. Crievancc Procedure. Should cithcr the City or the YMCA have a grievance with the othcr arising out of this Agreement, and after serious • " 0 .. • .. . Y. - The YMCA shall at its sole expense cxccute file and obtain, as applicable, 7. Americans with Disabilities Aet (the "ADA "). The City shall be .. . • • .'., - • - - .. , • • - YMCA Agreement �s. parties h e et 12. Counterparts. This Agreement may be executed in any number of original, and such counterparts together constitute one and the same instalment, YMCA and City. YMCA Agreement 17. Colder. The terms "City" and "YMCA" shall be deemed to include both the app • • - • • this Agrccment on a mutually acccptablc bases. This Agreement has becn negotiated at arm's lcngth bctwccn thc parties. This Agreement shall not be construed against the City (or thc YMCA) in the event of ambiguity herein. YMCA Agreement A . ••• • - - - - - of the YMCA or the City, or any other facts or circumstanccs, shall be - - . - _. • • amendments-or-additions, b. For the City. The City Council approves agreements, contracts, or YMCA Agreement shall be deemed delivered three (3) days after deposit in thc mail, or if ourier, at thc time delivered. If to City: With Copy to: City Manager Legal Department P. O. Box 100 P. O. Box 100 104 N. Riverside Drive 101 N. Riverside Drive Edgewater, Florida 32132 0100 Edgewater, Florida 32132 0100 If to YMCA: With Copy to: Randy A. Brown, CEO Bob Ludlow, Vicc President Daytona Bcach YMCA SunTrust Bank $25 Derbyshire Road 160 N. Nova Road Daytona Beach, Florida 32117 Ormond Beach, Florida 32171 . • . .. ., . - . . . _ YMCA Agreement YMCA Agreement • • • - 1 t _ . - 1 • 1 - this Agreement on the day of , 2001. ATTEST: CITY COUNCIL OF THE By: Susan J. Wadsworth Donald A. Schmidt City Clerk Mayor Dated: Robin L. Matusick Legal Assistant WITNESSES: YMCA: Dated: Foley & Lordlier legality by: Scott A. Cookson, Esquire City Attorney YMCA Agreement Edgcwatcr at a mccting hcld on this day of , 2001 undcr Agcnda Item No. YMCA Agreement AMENDED AND RESTATED MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF EDGEWATER and YMCA This Memorandum of Agreement is made and entered into by the CITY OF EDGEWATER, a Florida municipality, (hereinafter referred to as "City "), and the VOLUSIA/ FLAGLER FAMILY YOUNG MENS CHRISTIAN ASSOCIATION, INC., a Florida non - profit organization, (hereinafter referred to as "YMCA"), and is duly attested to by the signatures of authorized officials of each organization. PURPOSE The City and YMCA originally entered into a Memorandum of Agreement on February 23, 1999. The original Memorandum of Agreement was amended and restated in its entirety on March 19, 2001 and subsequently amended pursuant to Addendum Number 1 dated April 5, 2004 and Addendum Number 2 dated July 30, 2007. This Amended and Restated Memorandum of Agreement Between the City of Edgewater and YMCA supersedes and replaces all previous agreements and addendums between the parties. This Agreement is to describe the management and use of the City's Gymnasium/Recreational Facility (commonly referred to as the Facility) on City -owned land located at the twenty -six (26) acres at 146 W. Turgot Avenue, Edgewater, Florida (commonly referred to as the Hawks Park Recreational Complex). The City and YMCA are committed to work together to provide high quality education, health, fitness and recreation programs to the local citizenry. The City owns the Facility at the Hawks Park Recreation Complex. The YMCA plans to operate the Facility by offering various recreational, sports, fitness, aquatic, childcare and other programs . The Facility shall be owned by the City, managed by the YMCA, and maintained by (Revised Agreement/YMCA- June2011) 1 the City and the YMCA as outlined below. Any and all improvements and additions to the Facility by the YMCA must be approved by the City Council. COVENANTS and AGREEMENTS 1. Appointment of the YMCA The City grants the YMCA sole and exclusive rights to manage and maintain the Facility. The YMCA will operate traditional recreational programs as a non - profit membership -based organization. 2. Major Responsibilities of the YMCA a. General The YMCA shall establish and use its best efforts to manage and operate the City's Facility diligently, cost effectively and professionally, in the best interests of the City and the YMCA, The YMCA will provide professional staffing necessary to ensure high quality YMCA programming during the specified operating hours. b. Hold Harmless As a part of the consideration provided for herein, The YMCA shall indemnify., hold harmless and defend the City, its officers, agents and employees, from and against all liabilities, damages, losses and costs, whether direct, indirect, or consequential, including but not limited to bodily injury, sickness, disease or death, personal injury, or injury to or destruction of real or tangible property, including loss of use, to the extent such liabilities, damages, losses and costs arise out of or are related to or in any way connected with or resulting from the YMCA's use or (Revised Agreement/YMCA- June201 1) 2 use by any other person or organization permitted to use the Facility by the YMCA, negligent or reckless acts, errors or omissions or intentional wrongful misconduct arising out of its use of the Facility. When groups other than the City and YMCA are using the Facility or any part of the Facility, those users will be held responsible for their activities and must provide insurance coverage in an amount acceptable to the YMCA and City, naming the YMCA and the City as additional insured on liability coverage and loss payee as the City's and the YMCA's interest may appear on property coverage and shall indemnify and hold harmless the YMCA and the City from claims arising out of or in connection with their use. c. Insurance The YMCA agrees to purchase and maintain insurance throughout the entire term of this Agreement, and submit proof of same, on the contents of the building as well as to carry the appropriate insurance to cover the activities in and around the Facility. The YMCA shall provide the City with proof of general liability, vehicular liability and worker's compensation insurance covering the YMCA in the following amounts: Worker's Compensation Insurance: commensurate with the requirements setforth in Florida Statutes; - General Liability: (occurrence form) $500,000.00 combined single limits forbodily injury, personal injury and property damage. - Automobile Liability: $500,000.00 combined single limits per accident forbodily injury and property damage; - Umbrella Policy: with limits of $1,000,000.00. Proof of insurance and levels of (Revised Agreement/YMCA- June20l 1) 3 coverage will be updated on a yearly basis. The City of Edgewater shall be a named insured under the YMCA policies and an appropriate binder shall be issued and delivered to the City annually with the required coverage The YMCA shall not permit any person or entity to use the Facility unless such person or entity has com • lied with the insurance re • uirements includin • the workers' com . ensation general liability, automobile liability, and umbrella insurance requirements, contained herein. Insurance coverage shall be placed with insurers or self - insurance funds, satisfactory to the City, licensed to do business in the State of Florida and with a resident agent designated for the service of process. All insurers shall have an "A" policyholder's rating and a financial rating of at least Class IX in accordance with the most current Best's rating.. The insurance policies may not lapse, be canceled, or amended without at least thirty (30) days prior written notice to the City. d. Facility Maintenance The YMCA will maintain the Facility in a safe and attractive condition and provide ongoing security, janitorial services, including all floor cleaning and waxing. The YMCA will be responsible for the maintenance of all exercise equipment, video equipment, game stations, televisions, telephone systems, computer equipment and monitoring equipment as well as the maintenance of the swimming pool as required by Volusia County Health Department and other regulatory agencies, including monitoring and testing of pool chemicals. The YMCA will also be responsible for the maintenance contracts for other equipment and services such as swimming pool and associated equipment, maintenance and monitoring of the fire alarm (Revised Agreement /YMCA- June201 1) 4 system, exterminator, and trash collection. The YMCA shall be responsible to repair all incidental damage caused by YMCA employees, agents and members /participants in the YMCA programs regardless of the dollar amount of repairs. e. Subletting The YMCA will not sublet the Facilit to an third .art without the ex .ress written consent of the City, this consent not being unreasonably withheld. f. Responsibility for Utility Payments The YMCA agrees to pay all water, sewer, stormwater, solid waste collection, charges customarily charged by the City. The YMCA agrees to pay for all utility charges (power, telephone, cable, etc.) as required. g. Non - Discrimination 1. Open to All. All YMCA programs and activities shall be open to all without regard to age, race, religion, color, sex, place of residence, or national origin and meet all ADA requirements. 2. Membership Fees. YMCA membership fees shall be the same for all branches with the VOLUSIA FLAGLER FAMILY YMCA, 3. Scholarships. The YMCA agrees that the scholarship program will be available for City residents that are financially unable to afford current membership fees. The City agrees to allocate funds annually for the purpose of sponsoring scholarship programs for residents of the City of (Revised Agreement /YMCA- June201 1) 5 Edgewater. The funds allocated for the scholarship program will be divided into twelve (12) equal payments and disbursed to the YMCA on a monthly basis. The City agrees to provide these funds in decreasing annual amounts as follows: Year 2012: $40,000 Year 2013: $30,000 Year 2014: $20,000 Year 2015: $10,000 Year 2016 and subsequent years: $0 The YMCA agrees to provide financial assistance to include those who cannot afford the fees within the limit of YMCA resources. 4. Use by Outside Groups. The YMCA shall make available opportunities for other duly recognized community organizations to use the Facility, at a reasonable charge to cover expenses, and on a space available basis, and when access does not interfere with membership services or regular YMCA Programs. YMCA agrees to make their best efforts to accommodate any uses of the Facility as requested by the City. h. Taxes The YMCA shall have sole responsibility for the collection and remittance of applicable sales and use taxes. Failure of the YMCA to pay shall constitute grounds for the immediate cancellation of this Agreement by the City. Both parties recognize that the YMCA will continue to maintain their tax - exempt status as a 501c(3). (Revised Agreement/YMCA- June201 1) 6 Signage Any signage installed by the YMCA shall meet the national graphic standards of the YMCA and be approved by the City Council and meet the requirements of the ordinances of the City of Edgewater, unless a variance thereto is granted by the City Council of the City of Edgewater. 1. Exterior Identification. The City shall install and maintain an exterior sign at the Facility. All signage must meet current City of Edgewater building codes. 2. Interior Signs. The YMCA may install and shall neatly maintain interior directional, programmatic, promotional, and functional signs. All interior signs shall be properly installed and maintained. i. Representation The YMCA will provide to the City an allocation of one voting position as a member of the YMCA family center Board of Directors. The member shall be appointed by the City Council. k. Annual Review At least once per year, in the early spring, the YMCA will present to the City Council a review of the previousyear'sprograms and operation and discuss future program needs and direction of the YMCA. The YMCA will also coordinate semi - annually (March - October) with City Staff (YMCA Coordinator or Leisure Services Director) for inspection of the premises and equipment along with coordination and review of the various programs operated and offered by the YMCA. The City Council shall have the (Revised Agreement/YMCA- June201 1) 7 right to review the annual listing of programs offered by the YMCA. The City shall review the programs as a component of the City's annual budget review and may make requests for the addition of new programs. Funding of new programs may require financial assistance from the City. Program offerings will remain within the sole discretion of the YMCA; provided, however those programs desired by the City, but not adopted by the YMCA, may be provided and funded by the City. 1. Debt Service The YMCA shall not make any representations to any financial institution that would obligate the City for payment of any loans to the YMCA. The YMCA shall not offer the Facility or Hawks Park Recreational Complex in any form as an obligation for debt amount by the YMCA. m. Alterations and Improvements The YMCA shall not make any permanent or temporary alterations, improvements or additions to the Facility without the prior written consent of City Council. Any alteration, improvement or addition to the Facility, approved by the City shall be designed by a licensed professional and constructed, installed and maintained in a good, safe and workmanlike manner, complying with all applicable building codes and regulatory permitting requirements and shall be paid for in full by the YMCA. Any such alteration, improvement or addition to the Facility shall become the property of the City, unless otherwise agreed to in writing by both parties. 3. Responsibilities of the City The City shall indemnify, hold harmless and defend the YMCA, its officers, agents (Revised Agreement /YMCA- June201 1) 8 volunteers and employees, from and against all claims of liabilities, damages., losses and costs, whether direct, indirect, or consequential, including but not limited to, those for bodily injury, sickness, disease or death, personal injury, or injury to or destruction of real or tangible property, including loss of use, to the extent such liabilities, damages, losses and costs result from negligent act or omission by the City related to Notwithstanding the foregoing, nothing in this Agreement shall be deemed as a waiver of sovereign immunity or the limits of liability provided for in section 768.28, Florida Statutes. Notwithstanding the foregoing, nothing in this Agreement shall benefit any party which would otherwise be barred under section 768.28 or by operation of law. Facility Repairs. The City will be responsible for all building and grounds repair and maintenance, with the exception of the swimming pool and related equipment, to the Facility except for YMCA responsibilities defined in paragraph 2.d. Maintenance is intended to include normal wear and tear of the facility and would include but not be limited to: maintenance, replacement and installation of light fixtures; interior and exterior painting; maintenance, replacement and installation of air conditioner units and fixtures; parking lot maintenance; and roof repairs. The City agrees to allocate appropriate funds each year for the purpose of repairs and maintenance of the facility. The amount allocated each year will be determined by the required maintenance anticipated and/or planned for in the following appropriate fiscal year. The funds will be included in the City of Edgewater annual budget process. The City also agrees to establish a Renewal and Replacement Fund (Revised Agreement/YMCA- June201 1) 9 for the purpose to upgrade the facility in the future. Grounds Maintenance. The City will perform all maintenance of the grounds outside the Facility and surrounding the swimming pool(s), and all adjacent parking lots. Advertising and Promotion. YMCA must receive the City's prior written approval on all proposed advertising and promotions relating to or specifically identifying the City in any way, including but not limited to the City's name, logo, or activities. 4. Shared City -YMCA Responsibilities a. Design of Facility. The City and YMCA will jointly design any expansion to the recreational facility that may include, but not be limited to the following: floor plan, color scheme, aesthetic design, elevation design of additional swimming pool(s) design and construction. The Facility will be in compliance with the standard building codes and will meet emergency management requirements to be designated as an emergency shelter. b. Use of the Facility. The YMCA will make the Facility available to the City for use at least four (4) times per year providing the request is made at least thirty (30) days in advance and does not cause a scheduling conflict. c. Programs are not in Competition. The City and YMCA agree to meet regularly or as needed to review programs and proposed schedules and to assure that any program competition is minimized. d. Emergency Use. In the event of a natural disaster or other unforeseen emergency., (Revised Agreement/YMCA- June2011) 10 the YMCA shall make the Facility available to the City as deemed necessary by the City for emergency preparedness and operations and as an emergency shelter for area residents. The YMCA acknowledges that the Edgewater Elementary Schools may use the Facility as an emergency shelter in the event of a disaster. e. Security 1. The YMCA shall, at its expense, install door alarms and other such security devices as it deems necessary. 2. Video security will be a YMCA option and cost, unless the City deems it a requirement. 3. As- needed, the YMCA will provide staff to monitor buildings and provide security protection, especially during special late events. f. Limits of Responsibility. Neither the YMCA nor the City shall have the power., right, or authority, expressed or implied, to act or perform its duties in such a way as to commit, obligate or bind the other, except as expressly provided in this Agreement and only to the extent specifically set forth herein. 5. Term of the Agreement a. Duration The term of this Agreement shall be 10 years. After the 10 year term has expired there shall be an option to renew for two additional 10 year periods provided the parties mutually agree on the terms at the time of renewal. In the event the parties are unable to agree upon the terms subject to the renewal, the Agreement shall terminate. Due to potential changing conditions, the Agreement may be renegotiated and renewed at the request of the City Council or the YMCA Board at (Revised Agreement/YMCA- June2011) 11 any time provided any amendments are in writing and executed by both parties. b. Starting Date This Agreement shall begin upon execution of the document by both parties. c. Lease The YMCA shall lease the Facility for an annual fee of $100.00. The lease payment shall be due each January 1st. d. Termination of the Contract If the Agreement is terminated within thirty (30) years from the completion of the new Facility, the City shall reimburse the YMCA for a pro -rata share of the construction costs over a thirty (30) year depreciation schedule. 1. Default by the YMCA. Should the YMCA default on the terms of this Agreement and fail to cure the default within thirty (30) days after written notification from the City, the City Council may terminate this Agreement on ninety (90) days written notice. 2. Mutual Agreement. This contract may be voided by mutual agreement. 3. Bankruptcy. This contract is void if the YMCA undertakes voluntary or involuntary bankruptcy. 4. No Financial Penalties. There will be no financial penalties for termination under the above provisions. 5. Grievance Procedure. Should either the City or the YMCA have a grievance with the other arising out of this Agreement, and after serious efforts for resolution have failed, a negotiation team will be formed. The City and YMCA will each name a negotiator and the two negotiators will (Revised Agreement /YMCA- June201 1) 12 pick a third. Their recommendations will not be binding, but will become the basis for attempting a new resolution to the grievance. 6. Compliance with Laws. At its sole expense, the YMCA shall, with respect to its management of the Facility covered herein, comply with all applicable laws, orders, ordinances, rules and regulations of any governmental authority or quasi - governmental authority having or asserting authority or jurisdiction. The YMCA shall at its sole expense execute file and obtain, as applicable, punctually when due, all forms., reports, licenses, permits and returns required by law in connection with its management operation. 7. Americans with Disabilities Act (the "ADA "). The City shall be responsible for assuring the Facility is in compliance with the ADA as of the contract signing date. 8. Attorney's Fees. In the event of litigation between the parties hereto, arising out of this Agreement, the prevailing party shall be entitled to attorney =s fees and costs. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and shall be determined by a court of competent jurisdiction in the State of Florida. 10. Entire 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 (Revised Agreement/YMCA- June20l 1) 13 written between the parties hereto. 11. Severability. The inapplicability or unenforceability of any provision of this Agreement shall not limit or impair the operation or continued validity . of any other provision. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, and such counterparts together constitute one and the same instrument. 13. Assignability. The YMCA shall not assign this Agreement, or any interest it may have hereunder, without the prior written consent of the City. This Agreement is binding upon the successors and permitted assigns of the YMCA and City. 14. Waiver of Defaults. Waiver by either party of any breach or default by the other party under any terms of this Agreement shall not be deemed to nor shall the same constitute a waiver of any subsequent breach or default on the part of either party. 15. Beneficiaries. This is an agreement only by and between the City and YMCA and for their benefit and the benefit of their successors and assigns permitted by this Agreement. No other person or party shall be beneficiary hereof or have any rights hereunder, and no rights are conferred by this Agreement upon any other person or party, whether their name may be used or otherwise identified in this Agreement. 16. Headings. The headings preceding the text of the sections and subsections (Revised Agreement /YMCA- June2011) 14 of this Agreement are used solely for convenience of reference and shall not affect the meaning, construction or effect of this Agreement. 17. Gender. The terms "City" and "YMCA" shall be deemed to include both the singular and plural where appropriate, and the use of any gender., whether masculine, feminine or neither, shall include all genders, as and where appropriate. 18. Mutual Cooperation. The City and YMCA agree to use their respective best efforts to effect the management of the Facility pursuant to the provisions of this Agreement on mutually acceptable bases. This Agreement has been negotiated at arm's length between the parties. This Agreement shall not be construed against the City (or the YMCA) in the event of ambiguity herein. No representation, warranty, course of dealing or inducement made by either party not set forth herein was material to the decision of YMCA and the City to enter into this Agreement. 19. Status of Parties. Without limiting anything heretofore contained in this Agreement, YMCA shall be responsible for (a) the acts and omissions of any and all of its employees, agents, or representatives, and (b) the supervision of any party performing services in the City's facilities herein covered. In the same way, the City shall be responsible for the acts and omissions of any and all of its employees, agents, or representatives. 20. YMCA as Independent Contractor. The YMCA is acting under this Agreement as an Independent Contractor and nothing contained herein, no act of the YMCA or the City, or any other facts or circumstances, shall be (Revised Agreement/YMCA- June2011) 15 construed to establish the YMCA as a partner or joint venture or as an agent of the City. The YMCA shall take all reasonable steps communicating y p g with third parties to ensure that such parties understand the authority and status of the YMCA hereunder as that of Independent Contractor. 21. Assignment of Accountability. a. For the YMCA. The President or Board Chairman, with prior Board approval, may sign contracts or Agreements, or their subsequent amendments or additions. b. For the City. The City Council approves agreements, contracts, or their amendments and additions, for which the City Manager or Mayor may sign. 22. Notices. All notices, requests and demands to be made or given to the parties hereto shall be in writing and shall be delivered in reasonable time to the addresses listed below. Such notices, requests and demands, if sent by mail, shall be deemed delivered three (3) days after deposit in the mail, or if delivered by hand or courier, at the time delivered. If to City: With Copv to: City Manager Legal Department P. O. Box 100 P. O. Box 100 104 N. Riverside Drive 104 N. Riverside Drive Edgewater, Florida 32132 -0100 Edgewater, Florida 32132 -0100 If to YMCA: With Copy to: Teresa Rogers, President /CEO Greg Snell Volusia Flagler Family YMCA Snell Legal 761 E. International Speedway Blvd. 160 E. Granada Blvd. (Revised Agreement/YMCA- June201 1) 16 DeLand, FL 32724 Ormond Beach, FL. 32176 a. The YMCA shall provide to the City the name, address and telephone number of the individual(s) with daily operational and supervisory responsibilities of the Facility. 23. Rights of Owner. Notwithstanding anything contained in this Agreement to the contrary, nothing contained herein is intended to restrict, or shall have the effect of impairing any and all rights possessed by the City as owner of the Facility (including, without limitation, the right of entry into and access to said structures): provided, however, that the City shall not, when exercising its rights as owner, interfere with, obstruct or otherwise prevent the YMCA from exercising its duties as manager of the Facility in accordance with the terms and conditions of this Agreement. (Revised Agreement/YMCA- June2011) 17 IN WITNESS THEREOF, the YMCA and the CITY OF EDGEWATER, have executed this Agreement on the day of , 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Michael I. Thomas City Clerk Mayor Dated: WITNESSES: YMCA: Teresa Rogers, CEO Dated: For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form Edgewater at a meeting held on this 18th day and legality by: of July, 2011 under Agenda Item No. Carolyn Ansay, Esquire . City Attorney Doran, Sims, Wolfe, Ansay & Kundid (Revised Agreement /YMCA- June2011) 18 yob AGENDA REQUEST Date: July 1, 2011 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT CONSENT BUSINESS July 182011 ITEM DESCRIPTION: Award contract for the replacement of four (4) units of the HVAC System at the YMCA to Construction Management Associates LLC. BACKGROUND: The city budgeted this fiscal year using CBDG funds to replace the HVAC System (Air Conditioning) at the YMCA. Sealed bids were received from five (5) companies, with the lowest qualified bid coming from Construction Management Associates LLC. The low bid in the amount of $46,340 will replace 4 of the 6 units in the facility. The remaining units will be budgeted for replacement in the next fiscal year using CDBG funds. STAFF RECOMMENDATION: Staff recommends City Council approve the contract with Construction Management Associates LLC in the amount of $46,340 and authorize the City Manager to execute the agreement. ACTION REQUESTED: Motion to approve the contract with Construction Management Associates LLC in the amount of $46,340 and authorize the City Manager to execute the agreement. FINANCIAL IMPACT: (FINANCE DIRECTOR) M (SPECIFY IF BUDGET AMENDMENT IS REQUIRE ) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, ,Jack Corder rac - • : arlow Department Director Cit anager SECTION 00500 AGREEMENT FOR YMCA HVAC REPLACEMENT BID NO. 11 -LS -001 THIS AGREEMENT, made this day of , 20_, by and between the CITY OF EDGEWATER, a municipal corporation (hereinafter referred to as "City "), whose mailing address is P. O. Box 100, Edgewater, Florida 32132 -0100 and Construction Management Associates, LLC (CMA.) (hereinafter referred to as "Contractor "), whose mailing address is 4290 US Hwy 1 Rockledge FL. 32955. ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. Contractor agrees to furnish all labor, superintendence, materials, plant and other utilities for, perform all work necessary for or incidental to, and to perform all other obligations imposed by this Contract for the Construction of: YMCA HVAC REPLACEMENT BID NO. 11 -LS -001 herein called for, in strict accordance with the Drawings and Specifications compiled by Quentin L. Hampton Associates, Inc., Engineers, which Contract include, but is not limited to, the following Contract Documents: a. Invitation b. Instructions c. Proposal d. This Agreement e. Performance Bond f. Certificate of Insurance g. Specifications h. Addenda (if any) i. Drawings ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement of the Work shall be fixed in a notice to proceed issued by the City. 2.2 The Contract Time shall be measured from the date of commencement. 2.3 The Contractor shall achieve Substantial Completion of the Work not later than 90 calendar days from the date of commencement with an additional 30 days for final completion, or as follows: 00500 - 1 subject to adjustments of this Contract Time or as provided in the Contract Documents. ARTICLE 3 CONTRACT SUM 3.1 The City shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be forty -six thousand three hundred forty dollars ($46,340.00), subject to additions and deletions as provided in the Contract Documents. 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the City: Additive Alternate #2 Unit 5., and Additive Alternate #3 Units 4,6,7 & 5. 3.3 Unit prices, if any, are as follows: Unit prices identified in the Contractor's Bid/Proposal may be used by the City in its sole discretion to calculate the pricing of change order work or extra work. ARTICLE 4 PAYMENTS 4.1 PROGRESS PAYMENTS 4.1.1 Based upon Applications for Payment submitted to the Engineer by the Contractor and Certificates for Payment issued by the Engineer, the City shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. The City shall establish a schedule of values that will serve as a basis for progress payments. The schedule of values shall be submitted with each application for payment. 4.1.2 Provided that an Application for Payment is received by the Engineer not later than the 25 day of a month, the City shall make payments to the Contractor not later than the 15 day of the following month, provided that the Application has been approved by the Engineer and the City. If an Application for Payment is received by the Engineer after the date fixed above, payment shall be made by the City not later than 25 days after the Engineer receives the Application for Payment, provided that the Application has been approved by the Engineer and the City. The City shall make such progress payments to the Contractor on the basis of a duly certified and approved estimate by the Engineer of the work performed in an amount equal to ninety percent (90 %) of the duly certified and approved estimate. To insure proper performance of this Contract, the City shall retain ten percent (10 %) of the amount of 00500 - 2 each estimate until the work is fifty percent (50 %) complete. When the Work is fifty percent (50 %) complete, the City, in its absolute discretion, may reduce retainage to five percent (5 %) of the amount of each payment duly certified and approved thereafter. 4.2 FINAL PAYMENT 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the City to the Contractor when: 1. the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Paragraph 17.2, and to satisfy other requirements, if any, which extend beyond final payment; and 2. a final Certificate for Payment has been issued by the Engineer. 4.2.2 The City's final payment to the Contractor shall be made as follows: Upon completion of the entire work under the Contract, the Engineer shall make a final inspection and certify the completion to the City. Upon approval of the completion certificate by the City, the City shall notify the Contractor and the Surety of the satisfactory completion of the Work and, except as provided for in the Specifications, shall make final payment to the Contractor not later than thirty (30) days after written acceptance by the Contractor of the completion certification and the computation of the final amount due. ARTICLE 5 NUMERATIONS OF THE CONTRACT DOCUMENTS 5.1 The Contract Documents are listed in Article 6 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between City and Contractor, AIA Document A107 -1997, as modified for this project. 5.1.2 The Specifications for the Contract are those contained in the Project Manual for Bid No. 11- LS -001, compiled by Quentin Hampton and Associates, Inc, dated April 2011, Document Title Pages Specifications YMCA HVAC Replacement all sections 5.1.3 The Specifications are those contained in the Project Manual for Bid No.11 -LS -001, prepared by Quentin Hampton & Associates, Inc, dated April 2011, dated as in Subparagraph 5.1.2, and are as follows: 00500 - 3 Section Title Pages Specifications YMCA HVAC Replacement all sections 5.1.4 The Drawings are as follows, and are dated April 2011 unless a different date is shown below: Number Title Pages M1.00, M1.01, M1.02 Edgewater YMCA HVAV Replacement 3 5.1.5 The Addenda, if any, are as follows: Number Date Pages 1 and 2 May 17,2011 & June 01,2011 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 5. 5.1.6 Other documents, if any, forming part of the Contract Documents is as follows: See Project Manual for Bid No. 11 -LS -001, compiled by Quentin Hampton & Associates, Inc, dated April 2011. GENERAL CONDITIONS ARTICLE 6 THE CONTRACT DOCUMENTS 6.1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Engineer. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 00500 - 4 6.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Document shall not be construed to create a contractual relationship of any kind (1) between the Engineer and Contractor, (2) between the City and a Subcontractor or sub - subcontractor, (3) between the City and Engineer or (4) between any persons or entities other than the City and Contractor. 6.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The work may constitute the whole or a part of the Project. 6.4 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 6.5 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Drawings, Specifications and other documents, including those in electronic form, prepared by the Engineer and the Engineer's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub - subcontractor or material or equipment supplier shall own or claim a copy right to the Drawings, Specifications and other documents prepared by the Engineer or the Engineer's consultants, and unless otherwise indicated the Engineer and the Engineer's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Engineer, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Engineer and the Engineer's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, sub - subcontractor or material or equipment supplier on other projects or for additions to this 00500 - 5 Project outside the scope of the Work without the specific written consent of the City, Engineer and the Engineer's consultants. The Contractor, Subcontractors, sub - subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Engineer and the Engineer's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Engineer and the Engineer's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's or Engineer's consultants' copyrights or other reserved rights. ARTICLE 7 OWNER 7.1 CITY'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out the Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the City to stop the work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. 7.2 CITY'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents, or fails to perform a provision of the Contract, the City, after ten (10) days' written notice to the Contractor and without prejudice to any other remedy the City may have, may make good such deficiencies and may deduct the reasonable cost thereof, including City's expenses and compensation for the Engineer's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 8 CONTRACTOR 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 8.1.1 Since the Contract Documents are complementary, before starting each portion of the work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as any information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, omissions or inconsistencies discovered by the Contractor shall be reported promptly 00500 - 6 to the Engineer as a request for information in such form as the Engineer may require. 8.1.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Engineer, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. 8.2 SUPERVISION AND CONSTRUCTION PROCEDURES 8.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over the construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the contractor gives timely written notice to the City and Engineer that such means, methods, techniques, sequences or procedures may not be safe. 8.2.2 The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the work for or on behalf of the Contractor or any of its Subcontractors. 8.3 LABOR AND MATERIALS 8.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 8.3.3 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 8.3.4 The Contractor may make substitutions only with the consent of the City, after evaluation by the Engineer and in accordance with a Change Order. 8.4 WARRANTY The Contractor warrants to the City and Engineer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by 00500 - 7 the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. Contractor warrants that all workmanship and materials shall be free of defects for a period of one (1) year from the date of Final Payment Contractor shall repair or replace at its own expense, as directed by City, any defects in workmanship or materials which appear within one (1) year from the date of Final Payment, provided however, that any defect that is hidden or latent shall be repaired or replaced within one (1) year of the date when City discovers such defect. Contractor further warrants that all repair or replacement work performed to repair or replace defective work or materials shall also be warranted to be free of defects for a period of one (1) year from the date such repair or replacement is accepted by the City. Contractor shall commence and diligently pursue the correction of any defect not later than fifteen (15) days of receiving City's written notice of such defect. If Contractor does not commence or diligently pursue to repair or replace such defects in workmanship or materials within the fifteen (15) day period, then City may repair or replace such defects and Contractor shall reimburse City for the costs thereof, including all interest, attorneys' fees and costs of collection. Contractor shall assign and /or transfer to the City all manufacturers' direct warranties for components, materials, electrical panels or appliances as a condition precedent to receiving Final Payment. All such manufacturer's warranties shall be for a period of not less than one (1) year. 8.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are received or negotiations concluded. 8.6 PERMITS, FEES AND NOTICES 8.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. The Contractor shall promptly notify the Engineer and City if the Drawings and Specifications are observed by the Contractor to be at variance therewith. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Engineer and City, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 00500 - 8 8.7 SUBMITTALS 8.7.1 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to the Engineer Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals. 8.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. 8.8 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 8.9 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 8.10 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material. 8.11 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees, shall defend suits or claims for infringement of copyrights and patent rights and shall hold the City and Engineer harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the City or Engineer, unless the Contractor has reason to believe that there is an infringement of patent or copyright and fails to promptly furnish such information to the Engineer. 8.12 ACCESS TO WORK The Contractor shall provide the City and Engineer access to the Work in preparation and progress wherever located. 8.13 INDEMNIFICATION 00500 - 9 To the fullest extent provided by law, the Contractor shall indemnify, defend, and hold harmless the City, and all of its officers, agents, and employees from all claims, loss, damage, cost, charges or expense including, but not limited to reasonable attorneys' fees, caused in whole or in part by any act, omission or default of the Contractor, its agents, employees, or subcontractors arising out of the performance or failure to perform the work on this project. Contractor's obligation to indemnify, defend and hold harmless the City shall include such occurrences where such claim, loss, damage, costs, charges, expense or attorneys' fees may be caused, in whole or in part, by the City. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the City, or its agents or employees, nor shall the indemnification cover statutory violations or punitive damages, except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the Contractor, its agents or employees. The extent of the indemnification granted herein for liability for damages to persons or property caused in whole or in part by any act, omission, or default of the City shall not exceed $1,000,000 per occurrence, unless the indemnification is subject to insurance coverage that exceeds such amount. City and Contractor agree that $1,000,000 per occurrence, or the amount of insurance coverage, if greater, covering this indemnification (being for liability for damages to persons or property caused in whole or in part by any act, omission, or default of the City) is an amount that bears a reasonable commercial relationship to the Contract. In claims against City resulting from personal injury to employees of Contractor, those of its Subcontractors or anyone directly or indirectly employed by them, Contractor's indemnity obligation to City shall not be limited by any limitation on the amount or type of damages, benefits or compensation payable by or for the Contractor under Workers Compensation Acts, Disability Benefit Acts or other employee benefit acts, and Contractor expressly will waive such statutory or constitutional immunity, protection or limitation. For purposes of compliance with Florida law, this provision shall be deemed to be a part of the project specifications or the bid documents. In claims against any person or entity indemnified under this Paragraph 8.13 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 9 ENGINEER'S ADMINISTRATION OF THE CONTRACT 9.1 The Engineer will provide administration of the Contract and will be a City representative (1) during construction, (2) until final payment is due and (3) with the City's concurrence, from time to time during the one (1) year period for correction of Work described in Paragraph 17.2. 00500 - 10 9.2 The Engineer, as a representative of the City, will visit the site at intervals appropriate to the state of the Contractor's operations (1) to become generally familiar with and to keep the City informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the City against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work. The Engineer will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 8.2.1. 9.3 The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 9.4 Based on the Engineer evaluations of the Work and of the Contractor's Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 9.5 The Engineer will have authority to reject Work that does not conform to the Contract Documents. 9.6 The Engineer will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 9.7 The Engineer will interpret and decide matters concerning performance under and requirements of, the Contract Documents on written request of either the City or Contractor. The Engineer will make initial decisions on all claims, disputes and other matters in question between the City and Contractor but will not be liable for results of any interpretations or decisions so rendered in good faith. 9.8 Duties, responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the City, Contractor and Engineer. Consent shall not be unreasonably withheld. 9.9 CLAIMS AND DISPUTES 00500 - 11 Written notice that identifies the nature of each claim, dispute and other matters in question shall be delivered to the Engineer and the City no later than thirty (30) days after the start of the event giving rise to same. Claims, disputes and other matters in question arising out of or relating to this Contract, shall be subject to mediation as a condition precedent to the institution of legal proceedings by either party. 9.10 CLAIMS OR CONSEQUENTIAL DAMAGES The Contractor and City waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: 1. damages incurred by the City for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and 2. damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 19. Nothing contained in this Paragraph 9.10 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. ARTICLE 10 SUBCONTRACTORS 10.1 A Subcontractor is a person or entity who has a direct contact with the Contractor to perform a portion of the Work at the site. 10.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the City through the Engineer the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the City or Engineer has made reasonable and timely objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 10.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the 00500 - 12 obligations and responsibilities, including the responsibility for safety of the Subcontractor's work, which the Contractor, by the Contract Documents, assumes toward the City and Engineer, and (2) allow the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 11 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 11.1 The City reserves the right to perform construction or operations related to the Project with the City's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided in Paragraph 9.9. 11.2 The Contractor shall afford the City and separate contractor's reasonable opportunity for introductions and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. 11.3 The City shall be reimbursed by the Contractor for costs incurred by the City which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The City shall be responsible to the contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 12 CHANGES IN THE WORK 12.1 The City, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the City, Contractor and Engineer, or by written Construction Change Directive signed by the City and Engineer. 12.2 The cost or credit to the City from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive, by the Contractor' s cost of labor, material, equipment, and reasonable overhead and profit. 12.3 The Engineer will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by a written order and shall be binding on the City and Contractor. The Contractor shall carry out such written orders promptly. 12.4 If concealed or unknown physical conditions are encountered at the site that differ materially 00500 - 13 from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted, unless such conditions should have been known or discovered by Contractor from a reasonable examination of the project. ARTICLE 13 TIME 13.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 13.2 The date of Substantial Completion is the date certified by the Engineer. 13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. ARTICLE 14 PAYMENTS AND COMPLETION 14.1 APPLICATIONS FOR PAYMENT 14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shall be in a form satisfactory to the Engineer and City. 14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the City no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the City shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the City's interests. 14.2 CERTIFICATES FOR PAYMENT 14.2.1 The City may withhold a Payment in whole or in part, to such extent as may be necessary to protect the City from loss for which the Contractor is responsible, including, but not limited to loss resulting from acts and omissions described in Subparagraph 8.2.2, because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the City is provided by the Contractor; 00500 - 14 .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the City or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failures to carry out the Work in accordance with the Contract Documents. 14.2.2 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. 14.3 PAYMENTS TO THE CONTRACTOR 14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each subcontractor, require each Subcontractor to make payments to sub - subcontractors in similar manner. 14.3.2 Neither the City nor Engineer shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. 14.3.3 The making of a payment, or partial or entire use or occupancy of the Project by the City shall not constitute acceptance of Work that is not performed in accordance with the Contract Documents. 14.4 SUBSTANTIAL COMPLETION 14.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. 14.4.2 When the Engineer determines that the Work or designated portion thereof is substantially complete, the Engineer will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of 00500 - 15 Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. Upon the issuance of the Certificate of Substantial Completion, the Engineer will submit it to the City and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. FINAL COMPLETION AND FINAL PAYMENT See Article 4.2.2 ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY 15.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Subparagraphs 15.1.2 and 15.1.3, except for damage or loss attributable to acts or omissions of the City or Engineer or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 8.13. 15.2 HAZARDOUS MATERIALS 15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Engineer in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the City and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start -up, which adjustments shall be accomplished as provided in Article 12 of this Agreement. 00500 - 16 15.2.2 To the fullest extent permitted by law, the City shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, Engineer, Engineer's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 15.2.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. ARTICLE 16 INSURANCE 16.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damage, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations. Certificates of Insurance acceptable to the City shall be filed with the City prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the City. See Section 00800 -A of the Project Manual for Contractor's Insurance Requirements, which are incorporated herein by reference. 16.2 WAIVERS OF SUBROGATION 16.2.1 The City and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Engineer, Engineer consultants, separate contractors described in Article 11, if any, and any of their subcontractors, sub - subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the City as fiduciary. The City or Contractor, as appropriate shall require of the Engineer, Engineer's consultants, separate contractors described in Article 11, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay 00500 - 17 the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 16.2.2 A loss insured under the City's property insurance shall be adjusted by the City as fiduciary and made payable to the City as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall required Subcontractors to make payments to their sub - subcontractors in similar manner. ARTICLE 17 CORRECTION OF WORK 17.1 The Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Engineer's services and expenses made necessary thereby, shall be at the Contractor's expense. 17.2 In addition to the Contractor's obligations under Paragraph 8.4, if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 14.4.2, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the City to do so unless the City has previously given the Contractor a written acceptance of such condition. The City shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the City fails to notify the Contractor and give the Contractor an opportunity to make the correction, the City waives the rights to require correction by the Contractor and to make a claim for breach of warranty. 17.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the City may correct it in accordance with Paragraph 7.2. 17.4 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 17.5 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 17. ARTICLE 18 MISCELLANEOUS PROVISIONS 18.1 ASSIGNMENT OF CONTRACT 00500 - 18 Neither party to the Contract shall assign the Contract without written consent of the other. 18.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. 18.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Engineer timely notice of when and where tests and inspections are to be made so that the Engineer may be present for such procedures. ARTICLE 19 TERMINATION OF THE CONTRACT 19.1 TERMINATION BY THE CONTRACTOR If the City fails to make a progress payment or a final payment for a period of thirty (30) days after such payment is due. Then the Contractor may, upon seven additional days' written notice to the City and the Engineer, terminate the Contract and recover from the City payment for Work executed and reasonable overhead, and profit relating to the work not yet performed. 19.2 TERMINATION BY THE CITY 19.2.1 The City may terminate the Contract if the Contractor: .1 refuses or fails to supply enough properly skilled workers or proper materials to maintain the project schedule; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 committed a material breach of a provision of the Contract Documents. 19.2.2 When any of the above reasons exists, the City, may, without prejudice to any other remedy the City may have and after giving the Contractor seven days' written notice, terminate the Contract and take possession of the site and all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by 00500 - 19 whatever reasonable method the City may deem expedient. Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work. 19.2.3 When the City terminates the Contract for one of the reasons stated in Subparagraph 19.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, and other damages incurred by the City and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the City. The amount to be paid to the Contractor or City, as the case may be, shall be certified by the Engineer, upon application, and this obligation for payment shall survive termination of the Contract. ARTICLE 20 OTHER CONDITIONS OR PROVISIONS 20.1 DISPUTE RESOLUTION As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. If the parties cannot agree on the selection of a mediator, then the City shall select the mediator, who, if selected solely by the City, shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator declares an impasse, which declaration, in any event, shall be issued by the mediator not later than sixty (60) days after the initial mediation conference. Dated this day of , 20 . CITY OF EDGEWATER Tracey Barlow Ci Mana er CONTRACTOR James Blume Construction Management Associates, LLC 00500 - 20 !Ocl AGENDA REQUEST Date: July 7, 2011 PUBLIC HEARING RESOLUTION ORDINANCE OTHER BOARD APPOINTMENT CONSENT BUSINESS July 18,2011 ITEM DESCRIPTION: Negotiate an agreement with Glencoe Veterinary Hospital to manage and operate the Edgewater Animal Shelter. BACKGROUND: The City of Edgewater Animal Shelter now located at 605 Mango Tree Dr is currently managed and operated by staff of the City. The City advertised for Request For Qualifications (RFQ) from businesses to provide Professional Veterinary/Shelter Management/Operation Services for the Edgewater Animal Shelter. Bids were received on July 7, 2011, one business qualified for management of the facility, Glencoe Veterinary Hospital, owned and operated by Doctor Ginger Bryant Hutchinson. STAFF RECOMMENDATION: Staff recommends City Council approve staff entering into negotiations with Glencoe Veterinary Hospital to provide Shelter Management/Operation Services to the Edgewater Animal Shelter. ACTION REQUESTED: Motion to approve staff entering into negotiations with Glencoe Veterinary Hospital to provide Shelter Management/Operation Services to the Edgewater Animal Shelter. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, f ,�� API Jack Corder C racey : arlow 7 Department Director City anager REQUEST FOR QUALIFICATIONS Professional Veterinary/Shelter Management/Operation Services Veterinary Services with the Operation and Management of the City of Edgewater Animal Shelter located at 605 Mango Tree Dr. Edgewater, Florida RFQ# 11 -LS -002 Notice is hereby given that the City of Edgewater is accepting Request for Qualifications (RFQ) for professional veterinary services relating to and including the management and operation of the City of Edgewater Animal Shelter located at 605 Mango Tree Dr. Edgewater, Florida. Qualifications for RFQ No. 11 -LS -002 will be received in the City Clerk's office, Edgewater City Hall, 104 N. Riverside Drive, P.O. Box 100, Edgewater, Florida 32132 until 2:00 p.m. on Thursday July 7, 2011, at which time they will be publicly opened. Copies of the Request for Qualifications are available and may be obtained from the City of Edgewater. Any addenda to these documents will be issued via electronic mail. It is the proposer's responsibility to confirm that all addenda have been received prior to submitting a proposal. Direct all questions to the City of Edgewater via the following Email — pdrostencityofedgewater.orq. Six (6) total, (one (1) original and five (5) copies) of the proposal should be delivered to the City Clerk's Office, City of Edgewater, 104 North Riverside Drive, P.O. Box 100, Edgewater, Florida 32132 -0100 in a sealed envelope plainly marked on the outside: "Edgewater Animal Shelter, RFQ NO. 11 -LS- 002 ". A 1 I non - mandatory mandatory pre- qualification conference will be held on Wednesday June 15, 2011, commencing promptly at 2:00 p.m., and will be held in the Council Chambers, 104 N. Riverside Drive, Edgewater, Florida 32132. All statements shall be made upon the official qualification form which may be obtained on the City's E- Procurement site: www.demandstar.com. City of Edgewater does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. This Public Notice has been posted on the City of Edgewater Finance website: www.cityofedgewater.orq, www.demandstar.com, and also posted in the Lobby of City Hall on June 3, 2011. CITY OF EDGEWATER VOLUSIA COUNTY, FLORIDA Bonnie Wenzel City Clerk ;;. W- W 0 tri (c) m lJ N N } a, M ,:e1- b : x f: 1 - ;t 4 i , .3 r S 0 - A CO \� Cc) (" r 1vJ 1 \'' • i O 0 Jv c N J TI; w r w • C 0 0 v G N - • v v v cr 4:1 J ir to r'. N N N N CV Do N V c 0 . N N N N N C\ H CD : _ _ n• VI CO CD 00 J i N d I _ _' C CD • ` r',j r I • • U s � + Tri 41 t L 2 4 to c c — l - c c m -, 0 Q . r o _ j ; •' I U± A i4 _ i I 1 } w c' m 45 °3 of i :=j 3 3 3 3 0 v . w w w w w 1 ,, o o 0 0 4.-- * I ` Z• Z' -Z. Z. T v 6 6 6 ci o i 10d AGENDA REQUEST Date: July 7, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION: Right -of -Way (ROW), surveying, mapping, ROW certification, engineering and design services for the U.S. 1 Highway 1 Sidewalk Project. APPLICANT /AGENT: City of Edgewater REQUESTED ACTION: Approve authorization for staff to enter into negations with Kimley- Horn and Associates, Inc. for ROW surveying, mapping, ROW certification, and engineering and design services for the U.S. 1 Highway 1 Sidewalk Project. BACKGROUND: The ROW surveying, mapping, ROW certification, and engineering and design services is the initial phase required prior to the construction of sidewalks along the east and west sides of U.S. 1 from Volco Road to the northern City limits. This project is included in the current year Volusia County TPO's XU Bicycle /Pedestrian Priority Project List with a cost estimate of $1.5 million dollars allocated to be reimbursed to the City for the project. The total length of the project is approximately 4.7 miles. On May 10, 2011 the City advertised a Request for Proposal (RFP) for FDOT pre - qualified firms to perform the above - referenced services. Eleven (11) firms responded to the RFP and three (3) firms (DRMP, Kimley -Horn and Associates, Inc. and URS) were shortlisted for interviews by the selection committee on June 17, 2011. The selection committee held said interviews on June 27, 2011 and submits their recommendation as Kimley -Horn and Associates, Inc. STAFF RECOMMENDATION: Staff recommends approving authorization for staff to enter into negations with Kimley -Horn and Associates, Inc. for ROW surveying, mapping, ROW certification, and engineering and design services for the U.S. 1 Highway 1 Sidewalk Project. ACTION REQUESTED: Motion to approve the authorization for staff to enter into negations with Kimley -Horn and Associates, Inc. for ROW surveying, mapping, ROW certification, and engineering and design services for the U.S. 1 Highway 1 Sidewalk Project. FINANCIAL IMPACT:(Finance Director) This phase of this project is fully funded through the Volusia County TPO's XU funding source and local match is required. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully sub /'tted, Concurrence: 11A..� g. �� ' �c� Jt - 7 Darren Lear Robin L. Matusick Development Services Director Paralegal Trace , . Barlow City anager JOe. AGENDA REQUEST C.A. #2011-070 Date: June 2, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS July 18, 2011 ITEM DESCRIPTION: Declare property located at 3020 Lime Tree Drive, Edgewater, Florida as surplus property and authorize execution of Work Order #2011 -01 and associated documents with The Barnett Group, Inc. to dispose of said property. BACKGROUND: City of Edgewater had approximately $285,000.00 in outstanding liens against property owned by Jane Church and located at 3020 Lime Tree Drive, Edgewater, Florida. Based on the amount of liens, City Council authorized Staff to initiate foreclosures proceedings against the property. December 2010, the City of Edgewater obtained the Certificate of Title for the property located at 3020 Lime Tree Drive, Edgewater, Florida. Staff is requesting that Council deem said property as surplus and authorize the appropriate Work Order with The Barnett Group, Inc to dispose of same. STAFF RECOMMENDATION: Staff recommends City Council deem said property as surplus and authorize execution of Work Order #2011 -01 and associated documents with The Barnett Group, Inc to dispose of same. ACTION REQUESTED: Motion to approve listing the property located at 3020 Lime Tree Drive, Edgewater, Florida as surplus and authorize execution of Work Order #2011 -01 and associated documents with The Barnett Group, Inc. to dispose of same. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Res a ectfully subm' : . , Concurrence: ace T. Barlow Robin L. Matusick City anager Paralegal P.O. # WORK ORDER NO. 2011 -01 PROFESSIONAL SERVICES AGREEMENT REAL ESTATE SERVICES THE BARNETT GROUP, INC. PROJECT: 3020 Lime Tree Drive — Disposal (Listing & Sale) of Property CITY: Edgewater, Florida CONTRACT PROFESSIONAL: The Barnett Group, Inc. Execution of Work Order Number 2011 -01 by the City, shall serve as authorization for Broker /Realtor to provide professional services for the above project. RESPONSIBILITY OF THE BROKER/REALTOR: Real Estate Broker shall provide said professional services pursuant to this Work Order, to perform the professional services as required by the City of Edgewater as it relates to 3020 Lime Tree Drive, Edgewater, Florida which may include the following: review property and provide analysis for potential sale; assist and advise City and staff in matters regarding negotiation and sale of the subject property (offers, claims, counteroffers, discussions and all matters including contract documents relating to sale (Exhibit "A ", which is attached hereto and incorporated herein is considered as the Scope of Services). TIME FOR COMPLETION: The professional services authorized by this Work Order shall not exceed an overall period of six (6) months and may be extended by mutual agreement of both parties. COMPENSATION: The fee for these services are at a not -to- exceed amount of ten percent (10 %) of the purchase /sale price. Each invoice shall also be accompanied by a written concurrence from the (Agreement/RealEstate - Barnett -W orkOrder#2011 -01) Finance Director. CITY OF EDGEWATER, FLORIDA Dated: By: Tracey T. Barlow City Manager WITNESSES: THE BARNETT GROUP, INC. By: Marcia Barnett President Dated: (Agreement/RealEstate- Barnett -W orkOrder#2011 -01) Page 1 of 2 IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CITY OF EDGEWATER, a Florida CASE NO.: 2010 20547 GINS municipal corporation, DIVISION: 01 Plaintiff, 12/15/2010 08:40 AM Doe stamps .70 (Transfer Astt $ 100) v. Instrument# 2010 - 225301 # 1 • Book: 6546 JANE CHURCH, and the unknown heirs, Page : 1 5 devisees, assignees grantees, creditors, lessees, executors, administrators, mortgagees, judgment creditors, trustees, and Iienholders of the above named Defendant, persons in possession of the property described in this action, and any 7 and all other persons having or claiming to have any right, title or interest by, through, c—' under or against the above named Defendant or otherwise claiming any right, title or N� d rn interest in the property described in this ' AG action, -c Defendant. ` CERTIFICATE OF TITLE The undersigned Clerk of the Court certifies that he or she executed and filed a Certificate of Sale in this action on the 02 — day of December, 2010, for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. i The following property in Volusia County, Florida: Lots 8069 and 8070, Block 273, Florida Shores No. 8, Map Book 23, Page 132, as per Official Records Book 2470, Page 1371, Public Records of Volusia County, Florida. Commonly known as 3020 Lime Tree Drive, Edgewater, Florida Parcel No: 8402 -01 -08 -0690 CERTIFICATE OF TITLE PAGE I OF 2 yob[ , hoc . p� n \ V Page z of 2 Instn>rent# 2010- 225301 # 2 Book: 6546 Page: 16 Diane M. Matousek Volusia County, Clerk of Court was sold to the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose address is 104 North Riverside Drive, Edgewater, Florida 32132. WITNESS my hand and official seal of this Court this I `I day of December, 2010. DIANE M. MATOUSEK J<t ccoui r Clerk of the Circuit Court RS' ():**P � (V �.t k 1 � �, e ; � `r6q C' � F' By: c Deputy Clerk I .. CERTIFICATE OF TITLE PAGE 2 OF 2 The arnett "THE LAST REAL ESTATE COMPANY YOU WILL EVER NEEDY' roup, Inc. Marcia E. Barnett- Broker Real Estate Services 3301 S. Ridgewood Ave. Edgewater, FL 32141 barnetts4u@aol.com aol.com Cell: 386 689 - 459 2 Office: 386 426 - 7234 Fax: 386- 426 -7966 July 8, 2011 City of Edgewater P. O. Box 100 104 North Riverside Drive Edgewater, FL 32132 -0100 RE: 3020 Lime Tree Drive Attn: Robin L. Matusich, Paralegal Attached you will find the listing agreement and other documents for the property located at 3020 Lime Tree, Edgewater, FL 32141 I have used the tax assessors assessed value in the listing agreement; but as you can see from the comparables I have attached, it could take a while to sell and the recorded sales are as low as $5,000.00. There are 139 vacant lots in Edgewater for sale. These are all residential and commercial lots. There are 40 properties listed in Florida Shores. The lowest price is a bank owned lot at 2414 Needle Palm Drive listed for $17,000.00 If you have any questions, please do not hesitate to contact me. Respectfully, r Marcia E. Barnet Attach: Comparables 2 -pages Net Sheets 2 -pages Past due Taxes 1 -page Volusia County Property Appraiser 2 -pages Listing Agreement 4 -pages Seller's Disclosure 3 -pages Total plus letter : 14 -pages • Multi -Row Customer Page 1 of 2 Vacant Land 0 GUAVA DR r r� 1003403 Closed Edgewater, FL32141 Ain List Price : $39,900 Q tdin 6 15,000. ° _ Tax ID: 840201067170 Area: Edgwtr S Central - 442 - Roberts r �� < ''� Taxes: VERIFY Subdivision: Florida Shores2 n u i . . t , ti '`.� • , Alternate Key: 3929934 County: Volusia Zoning: B2 Between US1 & River: No F 'J �a - Acreage Lot 5z: BOX110 r - t }'` _{ Rd Frnt Feet: 80 Elem School: VERIFY SCHOOLS , t Legal Access: Yes Future Land Use: z _ No Drive Beach: See Remarks Recent Survey: No "� Cleared: No Owner Financln No Assoc. Fee: t HOA: None ' Paid: Assessment: CIP Flood Zone: X v ' City Limits: Yes '< . Sell Date: 01/20/2011 ck^,N'YYtaidzAt Remarks: Develop your own successful business in this desirable location with other nearby business interests. Sign on property) Directions: From US1, west on 442 to Guava then South to property )located between 232782335] Vacant Land 2511 India Palm Dr 1005294 Closed Edgewater, FL32141 al Llst Price : $7,999 0 Ob Sold TrIACG: 4199 , Tax ID: 840201069440 Area: Edgwtr N Central -Park Ave -442 x t • E `a ; ,. r , t,�'fr Taxes: VERIFY Subdivision: Florida Shores ,1- 4.. s f � , € , k. `.;. A lternate Key: 3930738 County: Volusia : �t 4 ..- �` ' � f ' � . 15 tr 3`•' Zoning: R-4 Between US1 & River: No i ` i r * � N; ! Acreage 23 Lot Sz: 80 x 125 . c 4p e - 4 s { , Rd Frnt Feet: 80 Elem School: VERIFY SCHOOLS F l f o � Legal Access: Yes Future Land Use r t 1 ^ t -' x } A No Drive Beach: Recent Survey: No ' i? 'l ` ' } f � Cle a red: No Owner Financing: Yes Ntlr , ,i .. s '• t1OA: Voluntary Assoc. Fee: \ : _ 1 g i ,I l Paid: Assessment: TO BE ASSUMED y t.-V� A,4,� +' 4l -q. City Limits: Yes Flood Zone: X f r J' Sell Date: 06/06/2011 G� Q t r'1 0 Y � � `(Y�L1)L�2 a °' t.� V it._,, - -i . F� ;:', ,,,,mgs ' i , 1, - 'C ,+. Ak:: Remarks: Owner is offering Financing with 25 cash down to a qualified buyer. Bring all offers! The seder Is ready to make a deal! Directions: U S 1 South to Roberts Road West to India Palm North on India to 2511 India Palm. Property is South of 2509 India Palm on the East side of the road. Street and sewer CIP to be assumed by the buyer. 7/8/2011 Multi -Row Customer Page 2 of 2 Vacant Land 0 TAMARIND DR List Price : $39,900 1007103 Closed Edgewater, FL32141 I_21 , SOLI t tced 3t),too Tax ID: 840201113590 Area: Edgwtr S Central - 442 - Roberts ' ," 2 Taxes: VERIFY Subdivision: Florida Shores . : H - - Alternate Key: 3947908 County: Volusia I- - - 7¢ -.' A ' r '• Z on i ng : R2 Between US1 &River: No :-. r Acreage Lot Sz: 120 X 125 111..01.t. LX i a t t Rd Frnt Feet: 120 Elem School: VERIFY SCHOOLS L r, F Legal Access: Yes Future Land Use: tom No Drive Beach: Recent Survey: Yes Cleared: µ No Owner Financing: No ' HOA: None Assoc. Fee: - Paid: Assessment: BUYER TO ASSUME r- e ` City Limits: Yes Flood Zone: X Sell Date: 03/17/2011 L -"'" ` - :. ' 1 242 c n � Y1 �`"°"' � �� vw— - Remarks: GORGEOUS TRIPLE LOT ON QUIET STREET IN THE FLORIDA SHORES. NO TIMETABLE TO BUILD YOUR PERFECT HOUSE. LOCATION IS JUST MINUTES TO GREAT SHOPPING, TERRIFIC SCHOOLS, AND ACTIVITIES FOR ALL LIFESTYLES. SELLER HAS REDUCED PRICE 13Y $20,000. Directions: FROM US1: S.R. 442 WEST. TURN SOUTH (LEFT) ON AIRPARK RD. TURN LEFT (EAST) ON 22ND ST. MAKE RIGHT ON TAMARIND, LOT ON LEFT. Vacant Land 0 INDIA PALM DR `r ,� 1007583 Closed Edgewater, FL32141 t List price : $5,000 El , r:i Ott .e 4', COO . 00 Tax ID: 840201076630 Area: Edgwtr N Central -Park Ave -442 / 4 '2*' 1 Taxes: VERIFY Subdivision: Florida Shores iii t { - F. • A Iw `1 �{ 3 1 r ti Alternate Key: 933656 County: Volusia ,� I e � r t y: ty: r� � ts/- Zoning: R2 Between US1 & River: No ,f J . r !t A' 1 F r 'I.<, ctt Acreage .22 Lot Sz: 80x125 ; s ff ) Rd Frnt Feet: 80 Elem School: VERIFY SCHOOLS t4 ; r / h f r ' Legal Access: Yes Future Land Use: ' I - " ts E : r+ : a ' No Drive Beach: Recent Survey: No ..� . r ;* } ' � 4 Cleared: No Owner Financing: No .{ ` 111 � ' r t HOA: None Assoc. Fee: ti f 4 $ x - ‹ ? Paid: Assessment: NO KNOWN r . ° �4 4 . E City Limits: Yes Flood Zone: X „.3^ , x Fir ,,. a r` r . . , k ,A g.. i r . Mail-kJ €'_ e, � + Y � „ Seli Date: 03/15/ ()dap on �+ 0 Remarks: BUILD THE HOME OF YOUR LIKING AT THIS CONVENIENTLY LOCATED LOT. CLOSE TO SCHOOL, SHOPPING, AND ONLY MINUTES FROM 1 -95. BRING ALL OFFERS! SELLER IS READY TO MAKE A DEALT Directions: NORTH ON US1 TO INDIAN RIVER RIGHT TO INDIA PALM LEFT. Displaying matches 1 through 4 of 4 7/8/2011 THE BARNETT GROUP, INC. SELLER'S ESTIMATED NET PROCEEDS PREPARED FOR: CITY OF EDGEWATER PROPERTY ADDRESS: 3020 LIME TREE DRIVE Sale Price $16,800 Selling Expenses 0.0070 State Doc. Stamps ($0.701$100) 117.60 0.0000 No Surtax 0.00 Title Insurance (Owners) 350.00 No Processing/Transaction Fee 0.00 0% Seller Contribution (as Percentage x Sales Pri+ 0.00 Doc Prep 25.00 Misc. /Recording Fees 0.00 10.00% Brokerage Fee 1,680.00 0.00 Property tax proration 0 0.00 PAST DUE TAXES 753.90 Total Expenses 2,926.50 Existing Mortgages /Seller Financing Etc.. 1st Mortgage $0.00 2nd Mortgage $0.00 Liens, etc: $0.00 Total Mtgs. f Financing $0.00 Total Expenses & Liens ($2,926.50) Approximate Net to Seller $13,873.50 Other expenses or credits may include but are not limited to the following: Proration of: taxes, insurance, maintenance /homeowner association fees, rental payments, attomey's fees, cost of repairs, mortgage interest from last payment, satisfaction of existing liens or assessments, cost of estoppel lettters, any escrow balances, security deposits, advance rental payments, pre - payment penalties, payoff of existing liens /assessments, mortgage escrow account balance, tenant security deposits, advance rental payments, mortgage prepayment penalties. Acknowledging notification of the above estimated proceeds of sale. AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE DATE 74a r4 you km de ofitoxtortav to eexue gout leaf Wale acrd GweeAce4rt «eeda, . THE BARNETT GROUP, INC. l r� r , 1 s�' a ti� i I�a7R A W er PIiO tDS y k* �' k� p"."�'"�js x"'� $e c � � d �`£ c• ems' - �s'ti.. ,.�.. � .' ' -,° 't s,P ` . u .S, 2 w. PREPARED FOR: CITY OF EDGEWATER PROPERTY ADDRESS: 3020 LIME TREE DRIVE II Sale Price $5,000 Selling Expenses 0.0070 State Doc. Stamps ($0.70/$100) 35.00 0.0000 No Surtax 0.00 Title Insurance (Owners) 350.00 No Processing/Transaction Fee 0.00 0% Seller Contribution (as Percentage x Sales Prh 0.00 Doc Prep 25.00 Misc. /Recording Fees 0.00 10.00% Brokerage Fee 500.00 0.00 Property tax proration 0 0.00 PAST DUE TAXES 753.90 Total Expenses 1,663.90 Existing Mortgages /Seller Financing Etc.. 1st Mortgage $0.00 2nd Mortgage $0.00 Liens, etc: $0.00 Total Mtgs. / Financing $0.00 Total Expenses & Liens ($1,663.90) Approximate Net to Seller $3,336.10 Other expenses or credits may include but are not limited to the following: Proration of: taxes, insurance, maintenance /homeowner association fees, rental payments, attomey's fees, cost of repairs, mortgage interest from last payment, satisfaction of existing liens or assessments, cost of estoppel lettters, any escrow balances, security deposits, advance rental payments, pre - payment penalties, payoff of existing liens/assessments, mortgage escrow account balance, tenant security deposits, advance rental payments, mortgage prepayment penalties. Acknowledging notification of the above estimated proceeds of sale. AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE DATE 7444 you bat de ofteaztueity to dFirue gout nett estate and urue4t4nent NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS COUNTY OF VOLUSIA, FLORIDA 2010 Delinquent Individual Tax Certificate �fitaE UI I: Mtrigg0 FA ,PRQp lR A r wr **YAW IM, DE E E DDRESS 840201080690 3935306 30 20 LIME TREE, EDGEWATER 2010 604 See reverse side for important information j LOTS 8069 & 8070 BLK 273 FLA SHRS NO CHURCH JANE 8 MB 23 PG 132 PER OR 2 2002 CHURCH ST 470 PG 1371 CERTIFIED FUNDS ONLY GALVESTON, TX 77550 AD VALOREM TAXES TAXING AUTHORITY MILL. RATE ASSESSED VAL. EXEMPTIONS TAXABLE VAL. TAXES LEVIED SCHOOL 8.23700 16,800 0 16,800 138.38 COUNTY 5.90250 16,800 0 16,800 99.16 VOLUSIA FOREVER 0.06320 16,800 0 16,800 1.06 VOLUSIA ECHO 0.20000 16,800 0 16,800 3.36 VOLUSIA FOREVER I & S - 2005 0.13680 16,800 0 16,800 2.30 . ST JOHNS RIVER WATER MGMT 0.41580 16,800 0 16,800 6.99 FLORIDA INLAND NAVIGATION DIST 0.03450 16,800 0 16,800 0.58 SE VOLUSIA HOSPITAL DISTRICT 3.25000 16,800 0 16,800 54.60 EDGEWATER 6.59100 16,800 0 16,800 110.73 EDGEWATER I &S 0.04750 16,800 0 16,800 0.80 MOSQUITO CONTROL 0.20800 16,800 0 16,800 3.49 PONCE INLET/PORT AUTHORITY 0.09290 16,800 0 16,800 1.56 C R 2 v'2 3 ... -'�. ^1 '3Y'4 -a, t 5+' -;^ y g , . ror'9 f?: '.c', r,: . '. .. ` .P. 1411 #_ 1 ...,...,:faS t i A � � Tta0 dtAdi NON-AD VALOREM ASSESSMENTS ' ' pn�BtN> =b TAX LEVYING AUTHORITY RATE AMOUNT Payment must be made Face: 712.05 Rate: 12% EDGEWATER WASTEWATER 218.74 with Certified Funds and Cert #17910 Bidder #9881 received in one of the County Revenue offices If Received By Please Pay by the last business day of the month in which Jul 29, 2011 $753.90 payment is made. Aug 31, 2011 $753.90 `, - f,Q„' 00140A IIII SS $1I 1 OMMI2 J 1/4, Se 30, 2011 $753.90 DO NOT WRITE ON THIS PORTION. PLEASE DETACH AND RETURN WITH YOUR PAYMENT. COUNTY OF VOLUSIA, FLORIDA 2010 Delinquent Individual Tax Certificate NOMAINMNIM iglitat '+' R I'ERJaYY Ab 110O M - 0X0-AR` Olitra t i= SCR01N 840201080690 3935306 30 20 LIME TREE, EDGEWATER 2010 604 See reverse side for important informatio LOTS 8069 & 8070 BLK 273 FLA SHRS NO CHURCH JANE 8 MB 23 PG 132 PER OR 2 2002 CHURCH ST 470 PG 1371 CERTIFIED FUNDS ONLY GALVESTON, TX 77550 YOUR CANCELLED CHECK IS YOUR RECEIPT PAY IN U.S. FUNDS TO: COUNTY OF VOLUSIA. Please Pay One Face: 712.05 Cert #17910 If Received By Jul 29, 2011 Aug 31, 2011 Sep 30, 2011 Amount Only Rate: 12% Bidder #9881 Please Pay $753.90 5753.90 5753.90 Volusia County Property Appraiser's Office Page 1 of 2 Volusia County Appraisers Offi UMOM Lourfit The Volusia County Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid - August. For Official Tax Roll Values, see the History of Values section within the property record card below. Volusia County Property Appraiser's Office Last Updated: 06 -28- 2011 Property Record Card (PRCI Today's Date: 7 -7 -2011 Morgan B. Gilreath Jr., M.A., A.S.A., C.F.A. Volusia County Property Appraiser FLORIDA Full Parcel ID 02- 18- 34 -01 -08 -0690 Mill Group 604 Edgewater Short Parcel ID 8402 -01 -08 -0690 Alternate Key 3935306 Millage Rate 25.17920 Parcel Status Active Parcel PC Code 00 Date Created 06 JAN 1982 Owner Name CITY OF EDGEWATER 1 GO TO ADD'L OWNERS; I Owner Name /Address 1 ESTIMATE TAXES Owner Address 2 104 NORTH RIVERSIDE DR Owner Address 3 EDGEWATER FL Owner Zip Code 32032 Location Address 3020 LIME TREE DR EDGEWATER 32141 LEGAL DESCRIPTION LOTS 8069 & 8070 BLK 273 FLA SHRS NO 8 MB 23 PG 132 PER OR 2 470 PG 1371 & OR 6546 PG 0015 SALES HISTORY # BOOK PAGE DATE INSTRUMENT QUALIFICATION IMPROVED? SALE PRICE 1 6546 0015 12/2010 Certificate of Title Unqualified Sale No 100 2 2470 1371 7/1983 Warranty Deed Qualified Sale No 4,000 HISTORY OF VALUES GOTPADp'LHISTORY YEAR LAND BLDG MISC JUST ASD SCH NS ASD EXEMPT TXBL SCH ADD'L NS (S) ASD TXBL EX TXBL 2010 16,800 0 0 16,800 16,800 16,800 16,800 0 16,800 16,800 0 16,800 2009 20,800 0 0 20,800 20,800 20,800 20,800 0 20,800 20,800 0 20,800 LAND DATA TYPE OF LAND USE FRONTAGE DEPTH # OF UNIT TYPE RATE DPH LOC SHP PHY JUST UNITS VAL 7/7/2011 Volusia County Property Appraiser's Office Page 2 of 2 VAC PVD THRU .49 FRONT AC 80.0 125.0 80.00 FEET 145.00 100 100 100 100 11,600 NEIGHBORHOOD CODE 6796 FLORIDA SHRS NO 1 MB 23 PG 57 TOTAL LAND CLASSIFIED 0 TOTAL LAND JUST 11,600 BUILDING CHARACTERISTICS MISCELLANEOUS IMPROVEMENTS TYPE NUMBER UNITS UNIT TYPE LIFE YEAR IN GRADE LENGTH WIDTH DEPR. VALUE PLANNING AND BUILDING PERMIT PERMIT DATE DATE DESCRIPTION OCCUPANCY OCCUPANCY NUMBER AMOUNT ISSUED COMPLETED NBR BLDG NONE The values shown in the Total Values section at the end of the Property Record Card are "Working Tax Roll" values, as our valuations proceed during the year. TOTAL VALUES These Working Values are subject to change until the Notice of Proposed Taxes (TRIM) are mailed in mid - August. For Official Tax Roll Values, see the History of Values section above. The Volusia County Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or Implied, are provided for the data herein, its use or interpretation. Land Value 11,600 New Construction Value 0 Building Value 0 City Econ Dev /Historic Taxable 0 Miscellaneous 0 Total Just Value 11,600 Previous Total Just Value 16,800 School Assessed Value 11,600 Previous School Assessed 16,800 Non - School Assessed Value 11,600 Previous Non - School Assessed 16,800 Exemption Value 11,600 Previous Exemption Value 0 Additional Exemption Value 0 Previous Add'I Exempt Value 0 School Taxable Value 0 Previous Taxable 0 Non - School Taxable Value 0 Previous Non - School Taxable 16,800 MapiLli ±I—M.$ 11 ; .Map Kiosk I I Parcel Notes MapIT: Your basic parcel record search including sales. PALMS: Basic parcel record searches with enhanced features. Map Kiosk: More advanced tools for custom searches on several layers Including r1�.Yp� C : parcels. ,fix, t / 7/7/2011 Vacant Land Listing Agreement 1 1 ., t-Iol ithiR1ealtors' 1 This Exclusive Right of Sale Listing Agreement ( "Agreement ") is between 2' CITY OF EDGEWATER ( "Seller ") and 3' THE BARNETT GROUP, INC. ( "Broker"). 4 1. AUTHORITY TO SELL PROPERTY: Seller gives Broker the EXCUSIVE RIGHT TO SELL the real and personal 5' property (collectively "Property ") described below, at the price and terms described below, beginning the 28 6' day of July , 2011 , and terminating at 11:59 p.m. the 31 day of December 7• 2011 ,( "Termination Date "). Upon full execution of a contract for sale and purchase of the Property, all rights and 8 obligations of this Agreement will automatically extend through the date of the actual closing of the sales contract. e Seller and Broker acknowledge that this Agreement does not guarantee a sale. This Property will be offered to any 10 person without regard to race, color, religion, sex, handicap, familial status, national origin or any other factor 11 protected by federal, state or local law. Seller certifies and represents that he /she /it is legally entitled to convey the 12 Property and all improvements. 13 2. DESCRIPTION OF PROPERTY: 14' (a) Real Property Street Address: 3020 LIME TREE DRIVE, EDGEWATER, FL 32141 15' 16 Legal Description (include plat information, property identification number, deed book and page): 17' PARCEL #8402 -01 -08 -0690 18' ❑ See Attachment 19 (b) Personal Property, including storage sheds, electrical (including pedestal), plumbing, septic systems, water 20 tanks, pumps, solar systems /panels, irrigation systems, gates, domestic water systems, gate openers and controls, 21 fencing, timers, mailbox, utility meters (including gas and water), windmills, cattle guards, existing landscaping, 22' trees, shrubs and lighting: THERE IS NO PERSONAL PROPERTY 23' 24' ❑ See Attachment 25' (c) Occupancy: Property ❑ is p is not currently occupied by a tenant. If occupied, the lease term expires 26' 27 3. PRICE AND TERMS: The property is offered for sale on the following terms, or on other terms acceptable to 28 Seller: 29' (a) Price: $16,800.00 30" (b) Financing Terms: ❑ Cash ❑ Conventional ❑ VA ❑ FHA ❑ USDA © Other 31' ANYTHING ACCEPTABLE TO SELLER 32' ❑ Seller Financing : Seller will hold a purchase money mortgage in the amount of $ 33' with the following terms: 34' ❑ Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ 35' plus an assumption fee of $ . The mortgage is for a term of years beginning in 36' , at an interest rate of % ❑ fixed ❑ variable (describe) 3r Lender approval of assumption ❑ is required ❑ is not required ❑ unknown. Notice to Seller: You may remain 38 liable for an assumed mortgage for a number of years after the Property is sold. Check with your lender to 39 determine the extent of your liability. Seller will ensure that all mortgage payments and required escrow deposits 4o are current at the time of closing and will convey the escrow deposit to the buyer at closing. 41' (c) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed % of the 42 purchase price; and any other expenses Seller agrees to pay in connection with a transaction. 43' Seller ( ) ( ) and Broker/Sales Associate (. ) ( ) acknowledge receipt of a copy of this page, which is Page 1 of 4 Pages. VLLA -1 Rev. 03/11 © 2011 Florida Realtors All Rights Reserved 44 4. BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell the 45 Property until a sales contract is pending on the Property. Seller authorizes Broker to: 46 (a) Advertise the Property as Broker deems advisable including advertising the Property on the Internet unless 47 limited in (4)(a)(i) or (4)(a)(ii) below. 48 (Seller opt - out)(Check one if applicable) 49• ❑(i) Display the Property on the Internet except the street address of the Property shall not be displayed on the 50 Internet 51' ❑(ii) Seller does not authorize Broker to display the Property on the Internet. 52 Seller understands and acknowledges that if Seller selects option (ii), consumers who conduct searches for 53 listings on the Internet will not see information about the listed property in response to their search. 54' / Initials of Seller. ss (b) Place appropriate transaction signs on the Property, including For Sale" signs and "Sold" signs (once Seller 56 signs a sales contract) and use Seller's name in connection with marketing or advertising the Property. 57 (c) Obtain information relating to the present mortgage(s) on the Property. 58 (d) Place the Property in a multiple listing service ( "MLS '). Seller authorizes Broker to report to the MLS this listing 59 information and price, terms and financing information on any resulting sale for use by authorized Board / so Association members, MLS participants and subscribers; 61 (e) Provide objective comparative market analysis information to potential buyers; 62' (f) (Check if applicable) ❑ Use a lock box system and /or gate code to show and access the Property. A lock box 63 or gate does not ensure the Property's security; Seller is advised to secure or remove valuables. Seller agrees that 64 the lock box or gate is for Seller's benefit and releases Broker, persons working through Broker and Broker's 65 local Realtor Board / Association from all liability and responsibility in connection with any loss or damage that 66 occurs. 67* (g) (Check if applicable) ❑ Withhold verbal offers ❑ Withhold all offers once Seller accepts a sales contract for 68 the Property. 69 (h) Act as a transaction broker of Seller unless a different agency relationship has been established in writing. 7o (i) Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. These 71 websites are referred to as Virtual Office Websites ("VOW'). An automated estimate of market value or reviews and 72 comments about a property may be displayed in conjunction with a property on some VOWs. Anyone who registers 73 on a Virtual Office Website may gain access to such automated valuations or comments and reviews about any 74 property displayed on a VOW. Unless limited below, a VOW may display automated valuations or 75 comments /reviews (blogs) about this Property. 76• ❑ Seller does not authorize an automated estimate of the market value of the listing (or hyperlink to such 77 estimate) to be displayed in immediate conjunction with the listing of this Property. 78• ❑ Seller does not authorize third parties to write comments or reviews about the listing of the Property (or display 79 a hyperlink to such comments or reviews) in immediate conjunction with the listing of this Property. Bo 5. SELLER OBLIGATIONS REPRESENTATIONS: In consideration of Broker's obligations, Seller agrees to: a1 (a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker 82 all inquiries regarding the Property's transfer, whether by purchase or any other means of transfer. B3 (b) Provide Broker accurate information about the Property of which Seller may be aware including but not limited 84 to utility availability, presence of or access to water supply, sewer or septic system, problems with drainage, 85 grading or soil stability, environmental hazards, commercial or industrial nuisances (noise, odor, smoke etc.), utility 86 or other easements, shared driveways, encroachments from or on adjacent property, zoning, wetland, flood hazard, 87 tenancies, cemetery/grave sites, abandoned well, underground storage tanks, presence of protected species or 88 nests of protected species. 89 (c) Provide Broker access to the Property and make the Property available for Broker to show during reasonable oo times. 91 (d) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property. 92 (e) Indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, 93 including attorney's fees, and from liability to any person, that Broker incurs because of (1) Seller's negligence, 94 representations, misrepresentations, actions or inactions, (2) the use of a lock box (3) the existence of undisclosed 95 material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in 96 connection with a transaction is entitled to compensation from Broker. This clause will survive Broker's 97 performance and the transfer of title. 98 (f) To perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445). 99 (g) Make all legally required disclosures, including all facts that materially affect the Property's value and are not loo readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such material 101* Seller ( ) ( ) and Broker /Sales Associate ( ) ( ) acknowledge receipt of a copy of this page, which is Page 2 of 4 Pages. VLIA•1 Rev. 03111 © 2011 Florida Realtors All Rights Reserved 102 facts (local government building code violations, unobservable defects, etc.) other than the following: 103. NONE KNOWN TO SELLER 104 Seller will immediately inform Broker of any material facts that arise after signing this Agreement. 105 (h) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting 108 requirements and other specialized advice. 107 (i) Seller represents that Seller is not aware of any notice of default recorded against the Property, any delinquent 108 amounts due under any loan secured by or other obligation affecting the Property, any bankruptcy, foreclosure, 109 insolvency or similar proceeding affecting the Property, any litigation, arbitration, administrative action, government 110 investigation or other action that affect or may affect the Seller's ability to transfer the Property, any current, 111 pending or proposed special assessments affecting the Property, any planned public improvements which may 112 result in special assessments, or any mechanics' liens or material supplier liens against the Property. 113 6. COMPENSATION: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing 114 and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other 116 terms acceptable to Seller. Seller will pay Broker as follows (plus applicable sales tax); 118• (a) 10 % of the total purchase price plus $ OR $ , no later than the 117 date of closing specified in the sales contract. However, closing is not a prerequisite for Broker's fee being earned. 118• (b) 10 ($ or %) of the consideration paid for an option, at the time an option is created. If the option is 119 exercised, Seller will pay Broker the paragraph 6(a) fee, less the amount Broker received under this 120 subparagraph. 121• (c) 10 ($ or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or agreement 122 to lease, whichever is soonest. This fee is not due if the Property is or becomes the subject of a contract granting 123 an exclusive right to lease the Property. 124 (d) Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by 125 sale, lease, exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the 128 buyer is secured by Broker, Seller or any other person. (2) If Seller refuses or fails to sign an offer at the price and 127 terms stated in this Agreement, defaults on an executed sales contract or agrees with a buyer to cancel an 128' executed sales contract. (3) If, within days after Termination Date ( "Protection Period "), Seller transfers or 129 contracts to transfer the Property or any interest in the Property to any prospects with whom Seller, Broker or any 130 real estate licensee communicated regarding the Property prior to Termination Date. However, no fee will be due 131 Broker if the Property is relisted after Termination Date and sold through another broker. 132• (e) Retained Deposits: As consideration for Broker's services, Broker is entitled to receive 0 % of all 133 deposits that Seller retains as liquidated damages for a buyer's default in a transaction, not to exceed the 134 paragraph 6(a) fee. 135 7. COOPERATION AND COMPENSATION WITH OTHER BROKERS: Broker's office policy is to cooperate with all 136* other brokers except when not in Seller's best interest: ❑ and to offer compensation in the amount of 5 % 137• of the purchase price or $ 5 to Buyer's agents, who represent the interest of the buyers, and not the 138• interest of Seller in a transaction; and to offer compensation in the amount of % of the purchase price or 139' $ to a broker who has no brokerage relationship with the Buyer or Seller; ❑ and to offer 14o. compensation in the amount of 5 % of the purchase price or $ to Transaction brokers for 141' the Buyer; ❑ None of the above (if this is checked, the Property cannot be placed in the MLS.) 142 8. BROKERAGE RELATIONSHIP: Under this Agreement, Broker will be acting as a transaction broker unless a 143 different agency relationship has been established in writing. 144 9. CONDITIONAL TERMINATION : At Seller's request, Broker may agree to conditionally terminate this Agreement. 145 If Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct 146- expenses incurred in marketing the Property and pay a cancellation fee of $ 0 plus applicable 147 sales tax. Broker may void the conditional termination and Seller will pay the fee stated in paragraph 6(a) less the 148 cancellation fee if Seller transfers or contracts to transfer the Property or any interest in the Property during the time 149 period from the date of conditional termination to Termination Date and Protection Period, if applicable. 150 10. DISPUTE RESOLUTION: This Agreement will be construed under Florida law. All controversies, claims and other 151 matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be 162 settled by first attempting mediation under the rules of the American Mediation Association or other mediator agreed 153 upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable 154 attorney's fees and costs, unless the parties agree that disputes will be settled by arbitration as follows: Arbitration: 155' Seller ( ) ( ) and Broker /Sales Associate ( ) ( ) acknowledge receipt of a copy of this page, which is Page 3 of 4 Pages. VLLA - Rev. 03/11 © 2011 Florida Realtors All Rights Reserved 156* By initialing in the space provided, Seller ( ) ( ), Listing Associate ( ) and Listing Broker ( ) agree that 157 disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which the Property is 158 located in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the 159 parties. Each party to any arbitration (or litigation to enforce the arbitration provision of this Agreement or an 160 arbitration award) will pay its own fees, costs and expenses, including attorney's fees, and will equally split the 161 arbitrators' fees and administrative fees of arbitration. 162 11. MISCELLANEOUS: This Agreement is binding on Broker's and Seller's heirs, personal representatives, 163 administrators, successors and assigns. Broker may assign this Agreement to another listing office. This Agreement 164 is the entire agreement between Broker and Seller . No prior or present agreements or representations shall be 165 binding on Broker or Seller unless included in this Agreement. Signatures, initials and modifications communicated 166 by facsimile will be considered as originals. The term "buyer' as used in this Agreement includes buyers, tenants, 167 exchangors, optionees and other categories of potential or actual transferees. 168. 12. ADDITIONAL TERMS: 169* 170* COMMISSION WILL NOT EXCEED 10% OF PURCHASE PRICE. 171* 172* IF LISTING & SELLING AGENT IS MARCIA E. BARNETT THE TOTAL COMMISSION WILL BE 5% OF THE 173' TOTAL PURCHASE PRICE. 174' 175` 176* 177* 178* 179' 180* 181* 182' 183* 184' 185' Date: Seller's Signature: Tax ID No: - - tab' Home Telephone: Work Telephone: Facsimile: 187• Address: 1ss' Date: Seller's Signature: Tax ID No: - - 189' Home Telephone: Work Telephone: Facsimile: 19o' Address: 191• Date: Authorized Listing Associate or Broker: tar Brokerage Firm Name: Telephone: 193' Address: 194' Copy retumed to Customer on the day of by: Q personal delivery Q mail [] E -mail ❑ facsimile. The Florida Association of REALTORS makes no representation as to the legal validity or adequacy of any provision of this form In any specific transaction. This standardized form should not be used In complex transactions or with extensive riders or additions. This form Is available for use by the entire real estate industry and is not intended to identify the user as REALTOR ° . REALTOR a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL. ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. 195* Seller ( ) ( ) and Broker /Sates Associate ( ) ( ) acknowledge receipt of a copy of this page, which is Page 4 of 4 Pages. VLLA•1 Rev. 03/11 © 2011 Florida Realtors All Rights Reserved �F t(I �S Y7E { ag v �y 3� 5 NAME: CITY OF EDGEWATER DATE SELLER PURCHASED PROPERTY? GENERAL INFORMATION ABOUT PROPERTY: PROPERTY ADDRESS: 3020 LIME TREE DRIVE, EDGEWATER, FL 32141 LEGAL DESCRIPTION: PARCEL # 8402 -01 -08 -0690 NOTICE TO BUYER AND SELLER: In Florida, a Seller is obligated to disclose to a Buyer all known facts that materially affect the value of the property being sold and that are not readily observable. This disclosure statement is designed to assist Seller in complying with the disclosure requirements under Florida law and to assist the Buyer in evaluating the property being considered. This disclosure statement concerns the condition of the real property located at above address. It is not a warranty of any kind by the Seller or any Licensee in this transaction. It is not a substitute for any inspections or warranties the parties may wish to obtain. It is based only upon Seller's knowledge of the property condition. This disclosure is not intended to be a part of any contract for sale and purchase. All parties may refer to this information when they evaluate, market, or present Seller's property to prospective Buyers. The following representations are made by the Seller(s) and are not the representations of any real estate licensees. 1. CLAIMS & ASSESSMENTS a. Are you aware of existing, pending, or proposed legal actions, claims, special assessments, municipal service taxing or benefit charges or unpaid assessments affecting the property? NO ❑ YES ❑ If yes, explain: b. Have any local, state, or federal authorities notified you of a violation of governmental regulation or violation of covenant restrictions? NO ❑ YES ❑ If yes, explain: c. Are you aware of any eminent domain proceedings involving the property? NO ❑ YES ❑ If yes, explain: 2. USE RESTRICTIONS Are You Aware: a. of any subdivision, municipalit or other recorded covenants, conditions or restrictions? NO ❑ YES ❑ b. of any resale restrictions? NO Ll YES ❑ c. of any restrictions on leasing the property? NO ❑ YES ❑ d. of any right of first refusal to purchase the property? NO ❑ YES [11 e. If any answer to questions 2a -2d is yes, please explain: 3. SURVEY a. Has the land been surveyed? NO ❑ YES ❑ If yes, which person or company performed the survey: b. Has this land been platted? NO ❑ YES ❑ If yes, has a certificate of survey been completed? NO ❑ YES ❑ c. Are you aware of any encroachments or boundary line disputes? NO ❑ YES ❑ d. Are you aware of any easements other than utility /drainage easements? NO ❑ YES ❑ e. Are you aware if the property Is in an earthquake zone? NO ❑ YES ❑ f. Are you aware if the property contains wetlands area? NO ❑ YES ❑ 4. ENVIRONMENT Are You Aware: a. of any substances, materials, products, pollutants or contaminants which may be an environmental hazard, such as, but not limited to, asbestos, urea formaldehyde, radon gas, fuel, propane or chemical storage tanks (active or abandoned), or contaminated soil or water on the property? NOD YES ❑ If yes, explain: Buyer ( ) ( ) and Seller (J LJ acknowledge receipt of a copy of this page, which is Page 1 of 3 Pages. VLDS -1 Rev. 10/07 © 2007 Florida Association of REMr oflso All Rights Reserved at fnrm .ci mnl ic. b. of any abandoned wells, buried storage tanks or buried debris or waste on the property? NO ❑ YES ❑ If yes, explain: c. of any dean up, repairs, or remediation of the property due to hazardous substances, pollutants or contami- nants? NO ❑ YES [ If yes, explain: d. of any endangered or protected species on the property such as scrub jays, manatees, turtles, sea turtles or nests of endangered or protected species? NOD YES ❑ e. of any electromagnetic fields located on the property? NO ❑ YES ❑ f. of any condition or proposed change in the vicinity of the property that does or will materially affect the value of the property, such as, but not limited to, proposed development or proposed roadways? NO ❑ YES ❑ If any answer to questions 4a -4f is yes, please explain: 5. FLOOD Are You Aware: a. if the property is designated in a 100 year flood plain? NO YES b. if the property has been flooded? NO YES c. if there has been drainage problems affecting the property or adjacent properties? NO YES If any answer to questions 5a -5c is yes, please explain: 6. CONDITION OF THE PROPERTY a. Have any soil tests been performed? NO ❑ YES ❑ b. Are you aware of any fill or uncompacted soils? NO ❑ YES ❑ c. Are you aware of any settling, soil movement, or sinkhole problems on the property or on adjacent properties? NOD YES ❑ d. Are you aware of any dead or diseased trees on the property? NO ❑ YES ❑ If any answer to questions 6a -6d is yes, please explain: 7. UTILITIES a. What type of irrigation does the property have? b. Have percolation tests been performed? NO ❑ YES ❑ If yes, when and by which person or company: c. Does the property have connection to the following: public water? NO ❑ YES ❑ public sewer? NO ❑ YES ❑ private water system off theproperty? NO ❑ YES ❑ water well? NO ❑ YES ❑ septic tank? NO ❑ YES ❑ electric utility? NO ❑ YES 11 natural gas service? NO ❑ YES ❑ d. Does the boundary of the property have connection to the following: public water system access? NOD YES private water system access? NO ❑ YES ❑ electric service access? NO ❑ YES ❑ natural gas access? NO ❑ YES ❑ telephone system access? NO ❑ YES ❑ e. Have any utility charges been paid? NO ❑ YES ❑ If yes, which charges were paid ?: 8. OTHER MATTERS: is there anything else that materially affects the value of the property? NO ❑ YES ❑ If yes, explain: Buyer LJ L ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 2 of 3 Pages. VLDS -1 Rev. 10/07 ® 2007 Florida Association of REALTORS All Rights Reserved et fnrmcimnlirity ACKNOWLEDGEMENT OF SELLER The undersigned Seller represents that the information set forth in the above disclosure statement is accurate and complete to the best of the Seller's knowledge on the date signed below. Seller does not intend for this disclosure statement to be a warranty or guaranty of any kind. Seller hereby authorizes disclosure of the information contained in this disclosure state- ment to prospective Buyers of the property. Seller understands and agrees that Seller will notify the Buyer in writing within five business days after Seller becomes aware that any information set forth in this disclosure statement has become inac- curate or incorrect in any way during the term of the pending purchase by the Buyer. Seller: / Date: (signature) (print) Seller: / Date: (signature) (print) RECEIPT AND ACKNOWLEDGMENT OF BUYER Seller is using this form to disclose Seller's knowledge of the condition of the property as of the date signed by Seller. This disclosure form Is not a warranty of any kind. The information contained in the disclosure is limited to information to which the seller has knowledge. It is not intended to be a substitute for any inspections or professional advice the Buyer may wish to obtain. Independent professional inspections are encouraged and may be helpful to verify the condition of the property. Buyer understands these representations are not made by any real estate licensee. Buyer hereby acknowledges having received a copy of this disclosure statement. Buyer: / Date: (signature) (print) Buyer: / Date: (signature) (print) Buyer ( ) and Seller 1)( ) acknowledge receipt of a copy of this page, which is Page 3 of 3 Pages. VLDS -1 Rev. 10/07 0 2007 Florida Association of REALTORS All Rights Reserved t fnrmcimnlirity AGENDA REQUEST Date: July 18, 2011 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT OTHER BUSINESS x CORRESPONDENCE ITEM DESCRIPTION: Maximum Millage Levy for Fiscal Year October 1, 2011 through September 30, 2012. BACKGROUND: In conjunction with the Notice of Proposed Property Taxes (TRIM Notice) pursuant to section 200.069, F.S., the Council must authorize advertisement of the maximum millage rate for the upcoming budget year. The current operating millage rate is $6.591 per $1,000.00 assessed value; the Current year rolled -back millage rate is $7.8528 per $1,000.00 assessed value. With the current year rolled -back rate, the preliminary ad valorem taxes for the Fiscal year 2012 would be $4,576,035. The current Voted Debt Service millage rate is $0.0475 per $1,000.00 assessed value. For Fiscal year 2012 the millage rate levy should be $0.06039 per $1,000.00 assessed value based on the sale of the Limited General Obligation Note Payable of 2007. The revenues for the Fiscal year 2012 would be budgeted in the amount of $33,431.32. STAFF RECOMMENDATION: Staff recommends City Council set the millage rates for Fiscal year 2012 to be advertised. ACTION REQUESTED: Motion for City Manager to advertise the Maximum Millage rates for ad valorem and voted debt service. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES _ NO x DATE: AGENDA ITEM NO. Respe tfully bmitted, Concurrence: �yj , ' ( \. 1 /�� k ) Jonr an C McKinney Robin Matusick Finance Director Paralegal _ ■ racey B. ow City M. ager FL 0R10A DR -420 `► CERTIFICATION OF TAXABLE VALUE R.6/11 Rule 12DER11 -13 DEPARTMENT Florida Administrative Code OF REVENUE Eff.6/11 Year : 2011 County : VOLUSIA Principal Authority : Taxing Authority : EDGEWATER EDGEWATER OPERATING SECTION I : COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value of real property for operating purposes $ 543,107,368 (1) 2. Current year taxable value of personal property for operating purposes $ 36,829,499 (2) 3. Current year taxable value of centrally assessed property for operating purposes $ 2,789,725 (3) 4. Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3) $ 582,726,592 (4) Current year net new taxable value (Add new construction, additions, rehabilitative 5. improvements increasing assessed value by at least 100 %, annexations, and tangible $ 4,572,102 ( personal property value over 115% of the previous year's value. Subtract deletions.) 6. Current year adjusted taxable value (Line 4 minus Line 5) $ 578,154,490 (6) 7. Prior year FINAL gross taxable value from prior year applicable Form DR -403 series $ 688,838,957 (7) 8 Does the taxing authority include tax increment financing areas? If yes, enter number YES Q NO Number (8) of worksheets (DR- 420TIF) attached. If none, enter 0 0 Does the taxing authority levy a voted debt service millage or a millage voted for 2 Number 9. years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of Q YES NO (9) DR- 420DEBT, Certification of Voted Debt Millage forms attached. If none, enter 0 1 Property Appraiser Certification 1 certify the taxable values above are correct to the best of my knowledge. SIGN Signature of Property Appraiser : Date : HERE Electronically Certified by Property Appraiser on 6/30/2011 2:42 PM SECTION II : COMPLETED BY TAXING AUTHORITY If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0 -. 10. Prior year operating millage levy (If prior year millage was adjusted then use adjusted 6.5910 per $1,000 (10) millage from Form DR -422) 11. Prior year ad valorem proceeds (Line 7 multiplied by Line 10, divided by 1,000) $ 4,540,138 (11) 12 Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a $ 0 (12) dedicated increment value (Sum of either Lines 6c or Line 7a for all DR- 420T1F forms) 13. Adjusted prior year ad valorem proceeds (Line 11 minus Line 12) $ 4,540,138 (13) 14. Dedicated increment value, if any (Sum of either Line 6b or Line 7e for all DR forms) $ 0 (14) 15. Adjusted current year taxable value (Line 6 minus Line 14) $ 578,154,490 (15) 16. Current year rolled -back rate (Line 13 divided by Line 15, multiplied by 1,000) 7.8528 per $1000 (16) 17. Current year proposed operating millage rate 0.0000 per $1000 (17) 18 Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided 0 (18) by 1,000) $ Continued on page 2 DR -420 R. 6/11 Page 2 County I I Independent Special District 19. TYPE of principal authority (check one) (19) I,/ I Municipality I 1 Water Management District Applicable taxing authority (check one) I/j Principal Authority I I Dependent Special District 20. (20) I I MSTU I I Water Management District Basin 21. Is millage levied in more than one county? (check one) Yes I ✓I No (21) DEPENDENT SPECIAL DISTRICTS AND MSTUs F STOP HERE - SIGN AND SUBMIT 22. Enter the total ad valorem proceeds of the principal authority, all dependent special $ 4,540,138 (22) districts, and MSTUs at rolled -back rate. (Total of Line 13 from all DR -420 forms) 23. Current year aggregate rolled -back rate (Line 22 divided by Line 15, multiplied by 1,000) 7.8528 per $1,000 (23) 24. Current year aggregate rol led -back taxes (Line 4 multiplied by Line 23, divided by 1,000) $ 4,576,035 (24) Enter total of all operating ad valorem taxes proposed to be levied by the principal 25. taxing authority, all dependent districts, and MSTUs, if any. (Total of Line 18 from all $ 0 (25) DR - 420 forms) 26. Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied 0.0000 per $1,000 (26) by 1,000) 27 Current year proposed rate as a percent change of rolled -back rate (Line 26 divided by % 100.00 (27) Line 23, minus 1, multiplied by 100) First public Date : Time : Place : budget hearing I certify the millages and rates are correct to the best of my knowledge. Taxing Authority Certification The millages comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s. 200.081, F.S. 5 Signature of Chief Administrative Officer : Date : G N Title : Contact Name and Contact Title : JONATHAN MCKINNEY, FINANCE DIRECTOR TRACEY BARLOW, CITY MGR E Mailing Address : Physical Address : R 104 N. RIVERSIDE DR 104 N. RIVERSIDE DR E City, State, Zip : Phone Number : Fax Number EDGEWATER, FL 32132 386- 424 -2400 386- 424 -2409 1 Instructions on page 3 1 1