12-16-1996 Voting Order
Councilman Hays
Councilman Mitchum
Mayor Hayman
Councilman Hatfield
Councilwoman Martin
AGENDA
CITY COUNCIL OF EDGEWATER
DECEMBER 16, 1996
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular meeting of December 2, 1996
3. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
(Other than public hearings)
4. CITY COUNCIL REPORTS
A. Discussion of procedure for abandoned or lost property
5. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. First reading Ord. 96 -0 -10 New sign ordinance
B. Res. 96 -R -30 Requesting U.S. Army Corps of Engineers provide
funds and complete emergency work at North Jetty, Ponce DeLeon
Inlet
C. Res. 96 -R -31 Requesting U.S. Congress authorize restabilization
project at North Jetty, Ponce DeLeon Inlet, and appropriate funding
for Federal share
D. Res. 96 -R -32 Requesting financial assistance from State of Florida
through its Inlet Management Grant Program to fund 50% of Port
Authority share for North Jetty, Ponce DeLeon Inlet restabilization
6. CONSENT AGENDA
(None)
7. OTHER BUSINESS
A. Piggybacking City of Melbourne bid for relining of manholes to
Infrastructure Impact, Inc. of New Smyrna Beach
B. Community Development Block Grant FY 1996 -1997 Subrecipient
Agreement
C. First amendment to Police Department Computer Software
Agreement
D. Appointing member to Police Pension Board due to expiration of term
of Ruth Garvey, who requests reappointment
E. Canceling or rescheduling regular meeting of Monday, January 20,
1997, due to Martin Luther King, Jr., birthday holiday
8. GENERAL CITIZEN COMMENTS /CORRESPONDENCE
9. OFFICER REPORTS
10. ADJOURN.
NOTE: All items for inclusion on the next City Council agenda must be received by the
City Manager's office no later than 4:30 p.m. Monday, December 30, 1996.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure
that a verbatim record of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Susan Wadsworth, 904 - 424 -2407, prior to the meeting.
—
All.11
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: City Council
I
FROM: Krista A. Storey, City Attorney
C.A. NO.: 96 -159
DATE: December 11, 1996
SUBJECT: Procedure for Abandoned or Lost Property
Pursuant to a request from Councilman Hays that this matter be
placed on the agenda for discussion, attached is a copy of the
statutory procedures governing abandoned or lost property.
KAS
'`r
Ch. 705 LOST OR ABANDONED PROPERTY F.S. 1995 F.S. 1995
CHAPTER 705 NOTICE TC
LOST OR ABANDONED PROPERTY ESTED IN
to wit: (sett
t 705.101 Definitions. (6) "Unclaimed evidence" means any tangible per- property kr
5.1015 County or municipal code inspectors or code sonal property, including cash, not included within the must be re
"'iiirr enforcement officers; duties. definition of "contraband article," as provided in s. removed ar
705.102 Reporting lost or abandoned property. 932.701(2), which was seized by a law enforcement ida Statute
705.103 Procedure for abandoned or lost property. agency, was intended for use in a criminal or quasi- removal, sti
705.104 Title to lost or abandoned property. criminal proceeding, and is retained by the law enforce- (setting forth tt
705.105 Procedure regarding unclaimed evidence. ment agency or the clerk of the county or circuit court title, address, am
705.106 Recovery from person wrongfully in posses- for 60 days after the final disposition of the proceeding Such notice
sion. and to which no claim of ownership has been made. and shall b(
705.17 Exceptions. History. — s. 1, ch. 87 -82; s. 15, ch. 89 -268; s. 470, ch. 94 -356.
705.18 Disposal of personal property lost or aban- mal expose
doned on university or community college 705.1015 County or municipal code inspectors or law enforce
campuses; disposition of proceeds from code enforcement officers; duties. — Employees of a to ascertain
sale thereof. county or municipality whose duty it is to ensure code is reasonab •
705.19 Abandonment of animals by owner; proce compliance or enforce codes and ordinances may be of such noti■
dare for handling. designated by the governing body of the county or the ing. If the F
municipality to administer the provisions of this chapter 320.01(1) of
705.101 Definitions. — used in this chapter: which pertain to lost or abandoned property. Designa- enforcemen
(1) "Local government" means the board of county tion of such employees shall not provide the employees Highway Sa
commissioners of a county or the commission or council with the authority to bear arms or make arrests. of Environrr
History.—s. 16, ch. 89 -268. determine tl
of any municipality in the county.
(2) "Lost property" means all tangible personal prop- 705.102 Reporting lost or abandoned property. person who
erty which does not have an identifiable owner and provided in
(1) Whenever any person finds any lost or aban- of this infor
which has been mislaid on public property, upon a pub- doned property, such person shall report the description
lic conveyance, on premises used at the time for busi- mail e edy
and location of the property to a law enforcement officer. re usted, 1
•ness purposes, or in parks, places of amusement, public q
(2) The law enforcement officer taking the report at the end o
—r;reation areas, or other places open to the public in shall ascertain whether the person reporting the prop- such notice
rbstantially operable, functioning condition or which erty wishes to make a claim to it if the rightful owner can- ested in th
an apparent intrinsic value to the rightful owner. not be identified or located. If the person does wish to described h
(3) "Abandoned property" means all tangible per- make such claim, he shall deposit with the law enforce- ublic ro €
sonal property which does not have an identifiable d P P
owner and which has been disposed on public property ment agency a reasonable sum sufficient to cover the do so, the ft
agency's cost for transportation, storage, and publica- (a) For
in a wrecked, inoperative, or partially dismantled condi- tion of notice. This sum shall be reimbursed to the finder agency may
tion or which has no apparent intrinsic value to the right- by the rightful owner should he identify and reclaim the use or for u:
ful owner. However, vessels determined to be derelict property. trade such F
by the Department of Environmental Protection or a (3) It is unlawful for any person who finds any l
county or municipality in accordance with the provisions () y P y ost or or state
abandoned property to appropriate the same to his own f organization
of s. 823.11 shall not be included in this definition. use or to refuse to deliver the same when required. i refuse remo
(4) "Law enforcement officer" means any person (4) Any person who unlawfully appropriates such i (b) For k
who is elected, appointed, or employed full time by any lost or abandoned property to his own use or refuses to and the age
sheriff, any municipality, or the state or any political sub- deliver such property when required commits theft as 90 days. The
division thereof; who is vested with authority to bear defined in s. 812.014, punishable as provided in s. disposition c
arms and make arrests; and whose primary responsibil- 775.082, s. 775.083, or s. 775.084. during the fi
ity is the prevention and detection of crime or the History. —s. 2, ch. 87 -82; s. 4, ch. 92 -79.
I 1. If the
enforcement of the penal, criminal, traffic, or highway by the unit 01
laws of the state. This definition includes all certified 705.103 Procedure for abandoned or lost property. itable orgar
supervisory and command personnel whose duties (1) Whenever a law enforcement officer ascertains finder, sell tr
include, in whole or in part, the supervision, training, that an article of lost or abandoned property is present unit of local t
guidance, and management responsibilities of full -time on public property and is of such nature that it can be election sha
law enforcement officers or auxiliary law enforcement easily removed, the officer shall take such article into once a week
officers but does not include support personnel custody and shall make a reasonable attempt to ascer- general circa
employed by the employing agency. tain the rightful owner or lienholder pursuant to the provi- _ found.
'S) "Public property" means lands and improve- sions of this section. 2. If the
is owned by the Federal Government, the state, the (2) Whenever a law enforcement officer ascertains do so at put
county, or a municipality and includes sovereignty sub- that an article of lost or abandoned property is present -'
merged lands located adjacent to the county or munici- on public property and is of such nature that it cannot the time and
tisement of tI
pality, buildings, grounds, parks, playgrounds, streets, be easily removed, the officer shall cause a notice to be =t utive weeks
sidewalks, parkways, rights -of -way, and other similar placed upon such article in substantially the following i county wher
property. form: • " include a sta
1156 =r ,
r
x
,. ,
•
F.S. 1995 r FS 1995 LOST OR ABANDONED PROPERTY
,r.._ .. Ch. 705
NOTICE TO THE OWNER AND ALL PERSONS INTER- and all liens. The sale must be held at the nearest suit -
<,
- ESTED IN THE ATTACHED PROPERTY. This property, able place to that where the lost or abandoned property
to wit: (setting forth brief description) is unlawfully upon public is held or stored. The advertisement must include a
.ny ta` 61e pe property kn own as (setting forth br ief descri o f l ocation) and description of the goods and the time and place of the
ided within the � ' must be removed within 5 days; otherwise, it will be sale. The sale may take place no earlier than 10 days
provided ins removed and disposed of pursuant to chapter 705, Flor after the final publication. If there is no newspaper of
w enforcement c ida Statutes. The owner will be liable for the costs of general circulation in the county where the sale is to be
mina) or quasi- removal, storage, and publication of notice. Dated this: held, the advertisement shall be posted at the door of • the law enforce- (setting forth the date of posting of notice) , signed: (setting forth name, the courthouse and at three other public places in the
or circuit court k `- title, address, and telephone number of law enforcement officer) county at least 10 days prior t0 sale. Notice of the agen
the proceeding cy's intended disposition shall describe the property in
s been made. Such notice shall be not less than 8 inches by 10 inches a manner reasonably adequate to permit the rightful
:,a been =='''' - and shall be sufficiently weatherproof to withstand nor owner of the property to identify it.
mal exposure to the elements. In addition to posting, the (3) If the property is sold at public sale pursuant to
e inspectors or ,. 4 law enforcement officer shall make a reasonable effort subparagraph (2)(b)2., the agency shall deduct from the
Employees of a k1 to ascertain the name and address of the owner. If such proceeds the costs of transportation, storage, and publi-
to ensure code • xI,` is reasonably available to the officer, he shall mail a copy cation of notice, and any balance of proceeds shall be
nances may be of such notice to the owner on or before the date of post- deposited into an interest - bearing account not later
• )e county or the _ I f„� _. ing. If the property is a motor vehicle as defined in s. than 30 days after the date of the sale and held there
_ 320.01(1) for 1 year. The agency shall provide a bill of sale clearly
> of this chapter
320.01 1 or a vessel as defined in s. 327.02, the law
perty. Designa- enforcement agency shall contact the Department of stating that the sale is subject to any and all liens. The
the employees 4 Highway Safety and Motor Vehicles or the Department rightful owner of the property may claim the balance of
= the proceeds within 1 year from the date of the above
arrests. of Environmental Protection, respectively, in order to
determine the name and address of the owner and any stated deposit by making application to the agency. If
person who has filed a lien on the vehicle or vessel as no rightful owner comes forward with a claim to the
;d property.— provided in s. 319.27(2) or (3) or s. 328.15(1). On receipt property within the designated year, the balance of the
lost or aban- proceeds
(4) of this information, the law enforcement agency shall ProceeThe owner d a n t ed i aban an the State School Fund.
the description mail a copy of the notice by certified mail, return receipt , The owners provided doned or section, does not
•ceme `ficer. - requested, to the owner and to the lienholder, if any. If, e o, after notice er provided in this section, does not
sing tt�eport at the end of 5 days after posting the notice and mailing remove such property within the specified period shall
frting the prop- such notice, if required, the owner or any person inter- be liable st the law enforcement agency for all costs of
)tful owner can- ested in the lost or abandoned article or articles removal, storage, and destruction of such property, less
any salvage value obtained by disposal of the property.
n does wish to described has not removed the article or articles from
le law enforce- public property or shown reasonable cause for failure to Upon final disposition of the property, the law enforce -
it to cover the do so, the following shall apply: most officer shall notify the owner, if known, of the
and publica- (a) For abandoned property, the law enforcement amount owed. In the case of an abandoned boat or
:d to the finder agency may retain any or all of the property for its own motor ch amount any person who
is not entitled t t n is or refuses to
ind reclaim the use or for use by the state or unit of local government, pay o o o ed a l certificate
of registration am
trade such property to another unit of local government ration forsveh boat or motor vehicle or ee n
other boat or motor vehicle, until such costs ha
nds any lost or or state agency, donate the property to a charitable ve been
Ime to his own organization, sell the ro ert or notif the a Department The law enforcement officer shall supply a list the
e uired. P P Y. notify appropriate Department of Environmental Protection with a list of
n required. q refuse removal service. persons whose boat registration privileges have been
o riates such (b) For lost property, the officer shall take custod
e or refuses to and the Y revoked under this subsection and the Department of
e agency shall retain custody of the property for Motor Vehicles with a list of persons whose motor vehi-
nmits theft as 90 days. The agency shall publish notice of the intended
)rovided in s. disposition of the property, as provided in this section, cle privileges have been revoked. Neither department
during the first 45 days of this time period. nor any other person acting as agent thereof shall issue
a certificate of registration to a person whose boat or
1. If the agency elects to retain the property for use motor vehicle registration privileges have been revoked,
lost property. by the unit of government, donate the property to a char- as provided by this subsection, until such costs have
;er ascertains itable organization, surrender such property to the
P P Y been paid.
rty is present finder, sell the property, or trade the property to another (5) Whoever opposes, obstructs, or resists any law
• that it can be unit of local government or state agency, notice of such enforcement officer or any person authorized by the law
that
article into election shall be given by an advertisement published enforcement officer in the discharge of his duties as pro-
mpt tr per once a week for 2 consecutive weeks in a newspaper of vided in this section upon conviction is guilty of a misde-
it tot )vi general circulation in the county where the property was meaner of the second degree, punishable as provided
found. in s. 775.082 or s. 775.083.
er ascertains 2. If the agency elects to sell the property, it must (6) Any law enforcement officer or any person
do so at public sale by competitive bidding. Notice of authorized by the law enforcement officer is immune
rty is present
that it cannot
the time and place of the sale shall be given by an adver- from prosecution, civil or criminal, for reasonable, good
i. tisement of the sale published once a week for 2 consec- faith trespass upon real property while in the discharge
notice to be -, utive weeks in a newspaper of general circulation in the of duties imposed by this section.
the following count g () g • r y where the sale is to be held. The notice shall 7 The rig
rightful owner shall be liable for the law
include a statement that the sale shall be subject to any enforcement agency's costs for transportation and stor-
Af
1157
`
Ch. 705 LOST OR ABANDONED PROPERTY F.S..1995
F.S. 1995
age of lost or abandoned property and the agency's refuses to give it up to the sheriff on demand, the county
cost for publication of notice of disposition of lost prop- attorney of the county in which the property is situated,
erty. If the rightful owner does not pay such costs within or the city attorney, if within a municipality, when
30 days of making claim to the property, title to the prop- required to do so by the sheriff, shall enter a suit for said
erty shall vest in the law enforcement agency. property and prosecute it to a final recovery. All moneys 707.18 0
History. —s. 3, ch. 87 -82; s. 1, ch. 90 -307; s. 12, ch. 94- 241: s. 471, ch. 94 -356. derived from these sources shall be paid by the sheriff
Star' 705.104 Title to lost or abandoned property. —
into the State Treasury for the benefit of the State . 707.19 0
(1) Title to lost or abandoned property is hereby School Fund.
vested in the finder upon the expiration of the 90 -day ch 267 — ss. 4, 5, ch. 344, 1850; RS 2015: GS 2537; RGS 3892; CGL 5799; s. 4, 7 D
custodial time period specified in s. 705.103(2)(b), pro- Note. — Former s. 705.06. 707.21 R
vided the notice requirements of s. 705.103 have been
met, unless the rightful owner or a li 705.1 er claims the 705.17 Exceptions. — The provisions of ss. 705.101
-
property within that time. 705.106 of this chapter shall not be applied to any per- 707.18
(2) Employees of any state, county, or municipal sonal property lost or abandoned on the campus of any ture of anc
agency shall be deemed agents of such governmental institution in the State University System. the owner
entity, and lost or abandoned property found by them History. —s. 1, ch. 71 -75; s. 6, ch. 87 -82; s 22, ch. 91 -110. mals or the
during the course of their official duties shall be turned pasture of
all
in to the proper person or department hall to doned Disposal of personal property lost or aban � recovering
designated ned on university or community college campuses; may have
receive such property by the governmental entity. Such disposition of proceeds from sale thereof. been drive
property shall be subject to the provisions of this chap- (1) Whenever any lost or abandoned personal prop- wise and tc
ter, after which, if unclaimed by the rightful owner, the erty shall be found on a campus of an institution in the domestic
title to such property shall be vested in the state, county, State University System or a campus of a state- the control
or municipality and not in the employee. supported community college, the president of the insti I History.—s.
(3) Employees of public transportation systems shall tution or his designee shall take charge thereof and
be deemed agents of such transportation systems, and make a record of the date such property was found. If 707.19
lost or abandoned property found on public convey- within 30 days after such property is found, it is not oa o o
i
ances, in depots, or in garages of a transportation sys- claimed by the owner, the president shall order it sold n t
tem shall be turned in to the proper person or depart- at public outcry after giving notice of the time and place g to ente
ment designated to receive such property by the trans- of sale in a publication of general circulation on the cam -
portation systems. Such property shall be subject to the
provisions of this section, after which, if unclaimed by pus and written notice to the owner if known. The rightful
e rightful owner, the title to such property shall be owner of such property may reclaim same at any time
bested in the transportation system and not in the prior to sale.
employee. (2) All moneys realized from such sale shall be
History. 4, ch. 87-82; s. 2, on. so 307. placed in an appropriate fund and used solely for stu-
dent scholarship and loan purposes.
705.105 Procedure regarding unclaimed evidence. History. —s. 1, ch. 71-75; s. 1, ch. 77-131.
ble lawfully seized purso unclaimed evidence or u to a laws 705.19 Abandonment of animals by owner; proce
ful investigation in the custody of the court or clerk of the lure for handling. —
court from a criminal proceeding or seized as evidence (1) Any animal placed in the custody of a licensed
by and in the custody of a law enforcement agency shall veterinarian or bona fide boarding kennel for treatment,
vest permanently in the law enforcement agency 60 boarding, or other care, which shall be abandoned by its
•
days after the conclusion of the proceeding. owner or his agent for a period of more than 10 days
(a) If the property is of appreciable value, the after written notice is given to the owner or his agent at
agency may elect to: his last known address may be turned over to the cus-
tody of the nearest humane society or dog pound in the
1. Retain the property for the agency's own use
2. Transfer the property to another unit of state or area for disposal as such custodian may deem proper.
local government; (2) The giving of notice to the owner, or the agent
3. Donate the property to a charitable organization; of the owner, of such animal by the licensed veterinarian
or kennel operator as provided in subsection (1) shall
4. Sell the property at public sale, pursuant to the
provisions of s. 705.103. relieve the veterinarian or kennel operator and any cus-
(b) If the property is not of appreciable value, the law todian to whom such animal may be given of any further
enforcement agency may elect to destroy it. liability for disposal. Such procedure by a licensed veter-
(2) Nothing in this section shall be construed to inarian shall not constitute grounds for disciplinary pro -
repeal or supersede the provisions of s. 790.08 relating cedure under chapter 474.
to the disposition of weapons and firearms. (3) For the purpose of this section, the term
'story. —s. 5, ch. 87 -82; s. 5, ch. 90 -113. 'abandonment" means to forsake entirely or to neglect
*111111 105.106
or refuse to provide or perform the legal obligations for
Recovery from person wrongfully in pos care and support of an animal by its owner or his agent.
session. — Whenever any property described in this Such abandonment shall constitute the relinquishment
chapter, chapter 706, or chapter 707 is ascertained to of all rights and claim by the owner to such animal.
be wrongfully withheld and the person in possession History. —ss. 1, 2, ch. 79 -228; ss. 1, 2, ch. 81 -157; s. 3, ch. 81 -318.
1158 g`- -
f .- z , s _
AGENDA REQUEST
DATE: December 4, 1996
Now
OTHER
CONSENT BUSINESS
PUBLIC HEARING,
ORD., RESOLUTION 12/16/96
ITEM DESCRIPTION /SUBJECT:
Resolution 96 -R -30 requesting the U.S. Army Corps of Engineers
provide funds and complete emergency work at the North Jetty, Ponce
DeLeon Inlet.
BACKGROUND:
Dan O'Brien, Director of the Ponce DeLeon Port Authority, has
requested the City of Edgewater adopt resolutions in support of the
project to restabilize the North Jetty, Ponce DeLeon Inlet. The
attached resolution requests the U.S. Army Corps of Engineers
Now
provide funds and complete emergency work at the North Jetty.
Mayor Hayman and I met with Mr. O'Brien for a brief overview of the
proposed project.
RECOMMENDATION /CONCLUSION:
Consider adoption of Resolution 96 -R -30.
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
Previous Agenda Item: YES NO X
Date: Agenda Item No.
Respectfully submitted,
Geor . McMahon
City Manager
sue
Attachment
RESOLUTION NO. 96 -R -30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, REQUESTING THE U.S.
ARMY CORPS OF ENGINEERS PROVIDE FUNDS AND
COMPLETE EMERGENCY WORK ON THE NORTH JETTY,
PONCE DELEON INLET, FLORIDA; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND ESTAB-
LISHING AN EFFECTIVE DATE.
WHEREAS, the County Council of Volusia County is the Ponce
DeLeon Port Authority pursuant to Ordinance 92 -4, under the
authority of the Constitution and the Laws of the State of Florida
and the Home Rule Charter (Sp. Acts, Ch. 70 -966); and
WHEREAS, the channel of Ponce DeLeon Inlet has migrated
against the North Jetty causing the channel to be deeper than the
jetty which could affect the integrity of the North Jetty, causing
a severe problem with the Federal Project; and
WHEREAS, in fiscal year 1996 funds were available in the Corps
budget to place a scour apron at the North Jetty, thus correcting
the problem; and
WHEREAS, the 1996 budget funds were diverted to other Corps
projects because of State permitting delays and the problem still
exists and is exacerbating.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. The City Council requests the U.S. Army Corps
of Engineers provide funds for this project in the fiscal year 1997
budget and complete the scour apron emergency work on the North
Jetty as expeditiously as possible.
Section 2. All resolutions or parts of resolution in conflict
herewith be and the same are hereby repealed.
*her
96 -R -30 1
Now
Section 3. This resolution shall take effect upon adoption.
After motion by and second by
, the vote on this resolution is as follows:
Mayor Jack Hayman, Sr. XXX
Councilman Danny Hatfield XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this day of , 1996.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
Nor
96 -R -30 2
" ��w, C ounty ® f 'YoCu1sia .,
� ,_, �, , ,,
,., c., O d . Tµ O.Y
,,,, ,, _ a , Ponce DeLeon Port Authority
4,
'F VOLuS' "' 700 Catalina Drive, Suite 125 • Daytona Beach, Florida 32114
Nor+ "' Telephone: (904) 248 -8072 • Fax: (904) 248 -8075
Mr. George McMahon, Manager November 21, 1996
City of Edgewater '
104 N. Riverside Drive
Edgewater, Florida 32132 DEC if 1996
Dear Mr. McMahon, CITY ViA�j AG E
I wish to take this opportunity to thank you for providing me with time to update you on our re-
stabilization project at Ponce DeLeon Inlet.
At that briefing I asked for your support in three areas and promised you draft Resolutions for your '
Commission or Council to consider.
Enclosed are three sample Resolutions that I will ask the County Council to approve. If you could
put them in your format and present them to your policy making body for consideration I would
appreciate it. 0 .
Below is a brief synopsis of what each Resolution asks.
Resolution # 1. Request that the U.S. Army Corps of Engineers provide funds and
complete emergency work on the North Jetty.
Resolution # 2. Request that the U.S. Congress authorize the Re- stabilization project and
appropriate funding for the Federal share, approximately $ 6, 218,961.00.
Resolution # 3. Request the State of Florida through its' Inlet Management Grant Program
fund 50% of the Port Authority share for re- stabilization,
approximately $ 1,566,430.00.
In closing, as you may know, I have contacted all of the coastal communities and asked that they
pass the same type Resolution. With this solidarity and support we feel we can achieve the goals
specified by the Resolutions. If you have any questions please call.
Thanking you in advance.
Sincerely,
/-
Dan O'Brien, Director
Ponce DeLeon Port Authority
4
vowsia. ..S
PnntM On
Recycl. Paper
5.(,
AGENDA REQUEST
DATE: December 4, 1996
Nis"
OTHER
CONSENT BUSINESS
PUBLIC HEARING,
ORD., RESOLUTION 12/16/96
ITEM DESCRIPTION /SUBJECT:
Resolution 96 -R -31 requesting the U.S. Congress authorize the
restabilization project at the North Jetty, Ponce DeLeon Inlet, and
appropriate funding for the Federal share, approximately
$6,218,961.
BACKGROUND:
Dan O'Brien, Director of the Ponce DeLeon Port Authority, has
requested the City of Edgewater adopt resolutions in support of the
project to restabilize the North Jetty, Ponce DeLeon Inlet. The
tirr attached resolution requests federal authorization and funding for
the federal share of the restabilization project.
Mayor Hayman and I met with Mr. O'Brien for a brief overview of the
proposed project.
RECOMMENDATION /CONCLUSION:
Consider adoption of Resolution 96 -R -31.
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
Previous Agenda Item: YES NO X
Date: Agenda Item No.
Respectfully submitted,
Now
Georg- E. McMahon
sue
City Manager
Attachment
RESOLUTION NO. 96 -R -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, REQUESTING FEDERAL
AUTHORIZATION AND FUNDING FOR THE FEDERAL
SHARE OF THE RE- STABILIZATION PROJECT AT THE
NORTH JETTY, PONCE DELEON INLET, FLORIDA;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the County Council of Volusia County is the Ponce
DeLeon Port Authority pursuant to Ordinance 92 -4, under the
authority of the Constitution and the Laws of the State of Florida
and the Home Rule Charter (Sp. Acts, Ch. 70 -966); and
WHEREAS, the U.S. Army Corps of Engineers maintains the Ponce
DeLeon Inlet federal project and has been authorized by the U.S.
Congress to investigate changes in the original stabilization plan;
and
WHEREAS, the City of Edgewater supports the Ponce DeLeon Port
Authority, as local sponsor for the federal project at Ponce DeLeon
Inlet, Volusia County, Florida, and the U.S. Army Corps of
Engineers in their efforts to restabilize the Inlet; and
WHEREAS, the U.S. Atmy Corps of Engineers and the Ponce DeLeon
r te , Port Authority have joined together to fund a 1.5 million dollar
feasibility study to determine the changes necessary to restabilize
the Inlet; and
WHEREAS, the preliminary cost estimate for the project is
$9,351,822; and
WHEREAS, the cost will be shared at 66.5% by the federal
government and 33.4% by the local sponsor; and
WHEREAS, the local sponsor has estimated a $3,132,860 share in
escrow for the project, and the remaining federal cost is estimated
at $6,218,961; and
96 -R -31 1
WHEREAS, the local sponsor understands that providing public
wharfage, fuel, etc., for the increased number of vessels that will
use the Inlet is a responsibility of the local sponsor; and
WHEREAS, the economy of the marine industry in Volusia County
is dependent on this project.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. The City Council hereby requests that the U.S.
Congress authorize the project and appropriate the necessary funds
to allow the project to commence.
Section 2. All resolutions or parts of resolution in conflict
rr.► herewith be and the same are hereby repealed.
Section 3. This resolution shall take effect upon adoption.
After motion by and second by
, the vote on this resolution is as follows:
Mayor Jack Hayman, Sr. XXX
Councilman Danny Hatfield XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
Now
PASSED AND DULY ADOPTED this day of , 1996.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
Imw
96 -R -31 2
i Cty of VoCusia
. � C oun ty „, ;
O i (�; .: Alt,
2� ,' V t? Pao Ponce DeLeon Port Authority
o � , �� ~ 700 Catalina Drive, Suite 125 • Daytona Beach, Florida 32114
,,,, Telephone: (904) 248 -8072 • Fax: (904) 248 -8075
Mr. George McMahon, Manager
City of Edgewater November 21, 1996
104 N. Riverside Drive r;
Edgewater, Florida 32132
Dear Mr. McMahon, Cl 4 1996
I wish to take this opportunity to thank you for providing me with time to update you on our re-
stabilization project at Ponce DeLeon Inlet.
At that briefing I asked for your support in three areas and promised you draft Resolutions for your
Commission or Council to consider.
Enclosed are three sample Resolutions that I will ask the County Council to approve. If you could
put them in your format and present them to your policy making body for consideration I would
appreciate it.
°or Below is a brief synopsis of what each Resolution asks.
Resolution # 1.
Request that the U.S. Army Corps of Engineers provide funds and
complete emergency work on the North Jetty.
Resolution # 2. Request that the U.S. Congress authorize the Re stabilization project and
appropriate funding for the Federal share, approximately $ 6, 218,961.00.
Resolution # 3. Request the State of Florida through its' Inlet Management Grant Program
fund 50% of the Port Authority share for re stabilization,
approximately $ 1,566,430.00.
In closing, as you may know, I have contacted all of the coastal communities and asked that they
pass the same type Resolution. With this solidarity and support we feel we can achieve the goals
specified by the Resolutions. If you have any questions please call.
Thanking you in advance.
Sincerely,
`
Dan O'Brien, Director
Ponce DeLeon Port Authority
I
YY.YS,A. YES
Printed On
Recy P.P. Pep , i
•
AGENDA REQUEST
DATE: December 4, 1996
OTHER
CONSENT BUSINESS
PUBLIC HEARING,
ORD., RESOLUTION 12/16/96
ITEM DESCRIPTION /SUBJECT:
Resolution 96 -R -32 requesting financial assistance from the State
of Florida through its Inlet Management Grant Program to fund 50%
of the Port Authority share for the North Jetty, Ponce DeLeon Inlet
restabilization, approximately $1,566,430.
BACKGROUND:
Dan O'Brien, Director of the Ponce DeLeon Port Authority, has
requested the City of Edgewater adopt resolutions in support of the
project to restabilize the North Jetty, Ponce DeLeon Inlet. The
attached resolution requests financial assistance from the State of
Now
Florida, Department of Environmental Protection, to restabilize the
North Jetty, Ponce DeLeon Inlet project.
Mayor Hayman and I met with Mr. O'Brien for a brief overview of the
proposed project.
RECOMMENDATION /CONCLUSION:
Consider adoption of Resolution 96 - R - 32.
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
Previous Agenda Item: YES NO X
Date: Agenda Item No.
Respectfully submitted,
*r
Georg E. McMahon
City Manager
sue
Attachment
•
RESOLUTION NO. 96 -R -32
Nkirw
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, REQUESTING FINANCIAL
ASSISTANCE FROM THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION, TO
RESTABILIZE PONCE DELEON INLET, VOLUSIA
COUNTY, FLORIDA; REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the County Council of Volusia County is the Ponce
DeLeon Port Authority pursuant to Ordinance 92 -4, under the
authority of the Constitution and the Laws of the State of Florida
Nom and the Home Rule Charter (Sp. Acts, Ch. 70 -966); and
WHEREAS, the Ponce DeLeon Port Authority has joined with the
U.S. Army Corps of Engineers in a plan to restabilize Ponce DeLeon
Inlet, Volusia County, Florida; and
WHEREAS, the State of Florida required that all entities
responsible for inlets complete an Inlet Management Plan to assure
the State that the beaches within the influence of the inlet would
be protected; and
WHEREAS, the Port Authority has completed an Inlet Management
Plan and the State of Florida, Department of Environmental
Protection, approved the plan; and
WHEREAS, the restabilization plan is an integral part of the
approved Inlet Management Plan; and
WHEREAS, the State of Florida offers 50% state financial
assistance for work projects in the Inlet Management Plan; and
WHEREAS, the restabiization project cost is estimated at
$9,351,822. The federal cost will be $6,218,961 and Port Authority
cost is estimated to be $3,132,000.
4 4111,
96 -R -32 1
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
Nrrr
of Edgewater, Florida:
Section 1. The City Council hereby requests that the State of
Florida to fund 50% of the Port Authority cost for this project.
Section 2. All resolutions or parts of resolution in conflict
herewith be and the same are hereby repealed.
Section 3. This resolution shall take effect upon adoption.
After motion by and second by
, the vote on this resolution is as follows:
Mayor Jack Hayman, Sr. XXX
'err• Councilman Danny Hatfield XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this day of 1996.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth
r City Clerk Jack H. Hayman, Sr.
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
96 -R -32 2
Nor
N SY CO
OJ`
Cou nty o®usiii
-.- 0 , Ponce DeLeon Port Authority
VOLUS .Yv 700 Catalina Drive, Suite 125 • Daytona Beach, Florida 32114
Telephone: (904) 248 -8072 • Fax: (904) 248 -8075
law
Mr. George McMahon, Manager November 21, 1996
City of Edgewater �_
104 N. Riverside Drive
Edgewater, Florida 32132 DEC - _
4 1996
Dear Mr. McMahon, e1`Ylly),NA
I wish to take this opportunity to thank you for providing me with time to update you on our re-
stabilization project at Ponce DeLeon Inlet.
At that briefing I asked for your support in three areas and promised you draff. Resolutions for your
Commission or Council to consider.
Enclosed are three sample Resolutions that I will ask the County Council to approve. If you could
put them in your foiiiiat and present them to your policy making body for consideration I would
appreciate it.
Below is a brief synopsis of what each Resolution asks.
Resolution # 1. Request that the U.S. Army Corps of Engineers provide funds and
complete emergency work on the North Jetty.
Resolution # 2. Request that the U.S. Congress authorize the Re- stabilization project and
appropriate funding for the Federal share, approximately $ 6, 218,961.00.
Resolution # 3. Request the State of Florida through its' Inlet Management Grant Program
fund 50% of the Port Authority share for re- stabilization,
approximately $ 1,566,430.00.
In closing, as you may know, I have contacted all of the coastal communities and asked that they
pass the same type Resolution. With this solidarity and support we feel we can achieve the goals
specified by the Resolutions. If you have any questions please call.
Thanking you in advance.
Sincerely,
4 cia
Dan O'Brien, Director
Ponce DeLeon Port Authority
, 46' 4,,
Ai
vawfla. aw eaas
Printrd On , - I
Racycbd Paw f+ t
i
7.R.
AGENDA REQUEST
Date: 12/5/96
t
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
CONSENT AGENDA OTHER BUSINESS X
ITEM DESCRIPTION /SUBJECT: Piggybacking City of Melbourne bid -
Relining of Manholes to Infrastructure Impact, Inc.
BACKGROUND: The FY 1997 Utilities Department Budget has monies set aside in Repair &
Maintenance Services for collection system rehabilitation which includes manhole restoration
through relining. The Melbourne bid price is $115.00 per vertical foot of manhole.
RECOMMENDATION /CONCLUSION: I request Council authorization to piggyback on the
City of Melbourne bid for manhole relining with Infrastructure Impact, Inc. of New Smyrna
Beach at a cost of $115.00 per vertical foot for the 100 ft. of work.
FINANCIAL IMPACT: $11,500
,,.,. FUNDS AVAILABLE: ACCOUNT NUMBER: Wastewater/Repair & Maintenance Services
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PRESENTED BY: Terry A. Wadsworth, Director of Utilities
PREVIOUS AGENDA ITEM: YES NO X
Date: Agenda Item No.
Respectfully submitted: Concurrence:
z 7 6. //iL
• !*-
Terry A. adsworth George E. McMahon
Director of Utilities � b � C Manager
Nay TAW:dmc
Infrastructure Impact Inc.
Chemical Grouting .
Cleaning
Construction License # CUCO 48354 Video Inspection
Undca 2LuGly .Spcatttictc
December 3, 1996
City of Edgewater
P.O. Box 100
Edgewater, Fl. 32141
Attn: Terry Wadsworth
SUBJECT: Manhole Relining
Dear Mr. Wadsworth,
Infrastructure Impact Inc. authorizes the City of Edgewater to
piggyback the Melbourne bid for the relining of manholes with
Strong Seal Systems "Sewpercoat ". The basic price we are quoting
for 1/2" coat of "Sewpercoat" is the same price which we were
competitively awarded for the City of Melbourne, Fl. Contract # 04-
097-96 Project # 95465.
If you have any further questions or concerns please contact us or
FAX us at (904) 426 -2055.
Respeec
% Zd '' /
Michael Christine, Vice - President
MC /tp
N rr
P.O. Box 1716 • New Smyrna Beach, Florida 32170 • 904 - 426 -2013
i
1 ::! 04/ .1 `1'J17.1 L 4 : . - 1 ' - 1 -40 r ' i ..:R,:: r " -i . 1 1 1 )1` F.' ..L_LI3_11' 1 ill I ' t_IL. L i.L
CITY OF MELBOURNE PURCHASING DIVISION FAX
Melbourne, 900 E Strawbridge Avenue Mel o
9 , FL 32901
Page(s) 1 of 4
Date: December 4, 1996
ilkaw Fax: (904) 424 -2463
To: Donna
Firm: City of Edgewater Utilities
From: David McCue, Purch Agent Ph: (407) 953 - 6271 Fax: (407) 953 - 6279
Donna,
Per your request, the Purchase Contract with Infrastructure Impact, Inc, as a result of City
Council award of Bid No. 04- 097 -96, is faxed. I have also included Council approval as
provided in the pertinent page from the Summary of Minutes, July 23, 1996,
Should you need additional information, please contact me accordingly.
Dave McCue o riole
Now
Now
•
•
City of Melbourne
PURCHASE CONTRACT (04- 097-96)
Sanitary Sewer Manhole Rehabilitation
Award .Date: July 23, 1996, by Melbourne City Council
THIS CONTRACT, entered into this 26th day of J y, 1996 , for the period August 1, 1996
through July 31. 1997 , by and between the City of Melbourne, Florida, hereinafter referred to as
the City; and 1_1 - _jj .. . ' • :. 7 • ► - . .. R& i�� : : ; , 32171 ;
hereinafter referred to as the Contractor,
NOW THEREFORE, the Parties do mutually agree that:
1. Scope of Work: The Contractor shall provide all labor, materials, equipment, tools,
services, and incidentals to rehabilitate sanitary sewer manholes, in accordance with
Bid Specifications, for the price(s) listed below:
Item Description Unit Price
A Rehabilitate sanitary sewer manholes $862.50 each
(Estimated annual quantity - 25)
B Relined manholes $115.00 per vertical foot
Manholes to relined using "Sewpercoat"
Estimated annual usage provided above should not be interpreted as restrictive minimuna or
maximum quantity to which Contract prices apply.
_... for nder-this- Contraet -shall- be••un- aasordance. - Co actarls, _.......
executed Bid Proposal, dated June 21. 1996 , and attachments thereto; City Instructions to
Bidders; and Bid Specifications.
3. Payment: Payment shall be made on a monthly basis upon submission of invoice by the 25th
of each month, in duplicate, to the Finance Department (Accounting). The Contractor shall
be paid within thirty (30) calendar days after receipt of an itemized invoice and acceptance
of the work by the City.
4. Renewal of Contract: The term of Contract shall be renewable for two (2) additional twelve
(12) month periods, at the same rates, by mutual agreement of both Parties, not to exceed
three (3) consecutive years.
5. Termination isr efault: If, through any cause, the Contractor shall fail to fulfill in a timely
manner, its obligation under this Contract, or if the Contractor shall violate any of the terms
and conditions of this Contract, the City of Melbourne shall have the right to terminate this
Contract by giving written notice by certified letter to the Contractor of such termination
specifying thereof, at least fifteen (15) days before the effective date of such termination.
6. Termination for Convenience; The Contract may be cancelled by either Party, upon sixty (60)
days certified written notice to the other Party.
Nov
1
WITNESS these signatures:
CITY OF MELBOURNE INFRASTRUCTURE IMPACT, INC
900 East Strawbridge Avenue
Melbourne, Florida 32901 � 0.9 -C.-- C
Name /title of authorized represen ative
David N. McCue, Purchasing Agent (Signature) (Date)
PATRICIA M. PEVELER
M G'Tq RY` NY Gomm EXP. 8118100
Attest: (Seal) Attest: Seal rvoL'p SondlId Sy swine Ins
( )
/No. 0 0682890
('! P214 pnNy IQ*" ) Other 1. p.
By: ' By: A ivtadd x
Cathy Wysor, City C tt
Distribution:
City Clerk
Purchasing
•
2
CITY OF MELBOURNE - SUMMARY OF MINUTES
REGULAR MEETING BEFORE CITY COUNCIL
JULY 23, 1996
Reppointed: Frank A. Herrera and David Wickham
Term: 7/28/96 through 7/27/00 (4 year term otior
The City Manager, City Clerk and Building Official will provide an
orientation for the reappointed members.
22. RESOLUTION NO. 1466: A resolution authorizing the City Manager to
apply to the Brevard County Tourist Development Council (TDC)
Capital Facilities Program for grant funding for the construction of
a multi - purpose field at Southwest Park.
Approved. A copy will provided to the Grants Administrator.
23. COUNCIL ACTION RE: Award of Bids and Contracts:
A.proved - as recommended.
40 Contract for Sanitary Sewer Manhole Rehabilitation for 25
manholes at $862.50 each, Infrastructure Impact, Inc., New
Symrna Beach, Florida - $21,562.50
b. Purchase of 120 1,996 Model DS electric power drive system 48
Club Car Golf Cai, Club Car, Stuart, Florida - $192,000; and
Now total maintenance cost ($264 per cart) of $31,680.00
c. Sale of Golf Course Revenue Bonds, Series 1996, to Huntington
National Bank of Florida at a fixed annual interest rate of
4.88% to be paid over four years at an amount not to exceed
$192,000
d. City's share of additional fees to Brevard County for the
consulting engineers on the Dairy Road Widening Project -
$54,052.20
24. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
See regular minutes.
25. ADJOURNMENT
The meeting adjourned at 9:55 p.m.
Nair C LJai
t
• Cathy Wy r, • y Clerk
•
•
Now
Page 3 of 3
AGENDA REQUEST
Date: December 10, 1996
PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS
CONSENT AGENDA OTHER BUSINESS December 16. 1996
ITEM DESCRIPTION /SUBJECT:
Community Development Block Grant (CDBG)
FY 1996 -1997 Subrecipient Agreement
BACKGROUND:
As anticipated, the City has been allocated $104,351 from Volusia County's total CDBG
allocation of $3,213,000 for fiscal year 1996 -1997. In March, the Council approved an
Annual Plan Worksheet and 5 -year Budget Projection indicating that the FY 96 -97
allocation would be used to continue the Mini - system 4 rehab project.
**ay Before we can receive the money the attached Subrecipient Agreement must be
executed. Once the Agreement is executed, the County will issue a letter authorizing us
to proceed with the project.
RECOMMENDATION /CONCLUSION:
Staff recommends that the City Council authorize execution of the FY 1996 -1997
Subrecipient Agreement.
FINANCIAL IMPACT: Not Applicable
FUNDS AVAILABLE: Account Number: Not Applicable
(Specify If Budget Amendment Is Required)
PRESENTED BY: Mark P. Karet, Director of Community Development
Now PREVIOUS AGENDA ITEM: YES NO XX
Date: Agenda Item No.
Respectfully submitted: Concurrence:
'4.. / .//A, /14--
Mark P. Karet Fog G-orge E. McMahon
Director of Community Development City Manager
Terry A. 'dsworth
Director of Utilities
c:\wpwin\subrec97.req
Now
�,� O
n� C ountv of
a
1 CH
ii O
O VOLUS.• " COMMUNITY SERVICES
*IOW 123 WEST INDIANA AVENUE • DELAND, FLORIDA 32720-4611
TELEPHONE (904) 736 -5955
October 4, 1996
PLANNING AND O
MONITORING VC/ ssa V
123 W. Indiana Ave. 8
Deland, FL 32720-4611 C/4, �(/
HOUSING r •v
123 W. Indiana Ave. Mr. George McMahon, City Manager -,ly
Deland, FL 32720-4611
City of Edgewater
SECTION 8
123 W. Indiana Ave. P.O. Box 100
Deland, FL 32720 -4610 Edgewater, FL 32123 -0100
HUMAN SERVICES
123 W. Indiana Ave.
DeLand, FL 32720-4610 Dear Mr. McMahon:
HEAD START
250 N. Beach St. Subject: Community Development Block Grant (CDBG)
Daytona Beach, FL 32114
FY 1996 -97 Program Allocation; Subrecipient Agreement
CHILDREN'S SERVICES
123 W. Indiana Ave.
DeLand, FL 32720 -4611 This is to notify the City of Edgewater that the Consolidated Plan submitted by the
I '"' Volusia/Seminole Consortium was received and approved by the U. S. Department of
Housing and Urban Development. Based on the approval of the Consortium's 1996 -97
Action Plan, the County of Volusia was awarded $3,213,000 to implement the Community
Development Block Grant Program. The City of Edgewater's allocation of the subject
award is $104,351.
Enclosed please find three (3) copies of the FY 1996 -97 Subrecipient Agreement for your
signature. All activities listed in the Subrecipient Agreement have been determined eligible
for funding according to 24 CFR 570.201 -206 and have been environmentally cleared for
implementation. We caution you that signature of this agreement is not an authorization
to proceed. The Subrecipient Agreements must be returned to the Community Services
Department for County signature. Once that occurs an authorization to proceed will be
issued to the City.
Please note that all changes to the Subrecipient Agreement must be requested in writing.
If an activity is added or modified, the Community Services Department must determine
the eligibility of the activity and complete an environmental review of the activity before
Now releasing funds. Subsequent to those procedures, an amendment to the Subrecipient
Agreement will be processed and an authorization to proceed will be issued.
vOEYSIt.. YEC 1c125
_ - -_ _- PnnMJIIn -- -
REcycNd Pap*
Mr. George McMahon
October 4, 1996
Page 2
Should you have any questions or need further information, please contact me or Diana
Phillips at the above number.
Sincerely,
V ,
� ,l rald O. ester, Manager
Planning and Monitoring
GOC/DFP /tlp
Encl.
1096 -012.t
law
4y
ACKNOWLEDGEMENT
Now This is to certify that the documents listed below were received by this office and are made part
of the Subrecipient Agreement between The City of Edgewater and the County of Volusia.
OMB Circular A -87, Cost Principles Applicable to Grants and
Contracts with State and Local Governments
24 CFR 85, Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally
Recognized Indian Tribal Governments
24 CFR 570, Entitlement Grant Regulations
lay
Name
Title
Date
S
COUNTY OF VOLUSIA /CITY OF
EDGEWATER
COMMUNITY DEVELOPMENT BLOCK
GRANT
SUBRECIPIENT AGREEMENT
TABLE OF CONTENTS
SUBRECIPIENT AGREEMENT 2
1. Responsibility for Grant Administration 2
2. Other Program Requirements • 2
3. Scope of Service 3
4. Time of Performance 3
5. Compensation 3
6. Method of Payment 3
`'w'' 7. Program Income 3
8. Reversion of Assets 4
9. Subcontracting 4
10. Compliance with Regulations 4
11. Maintenance and Availability of Records 4
12. Suspension and Termination 4
13. Audit
14. Amendments 5
5
SIGNATURE PAGE
6
ATTACHMENT I -- STATEMENT OF WORK 7
ATTACHMENT II-- BUDGET 9
ATTACHMENT III-- CERTIFICATION AND OTHER REGULATIONS 10
„ IV — RECORDS TO BE MAINTAINED 18
ATTACHMENT V -- REQUEST FOR FUNDS REIMBURSEMENT REPORT 25
1
COUNTY OF VOLUSIA /CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
This AGREEMENT is made and entered into this 15th day of October. 1996 by and between THE
COUNTY OF VOLUSIA, a political subdivision of the State of Florida, hereinafter referred to as the
'oft "COUNTY" and "THE CITY of EDGEWATER ", Florida a governmental entity located in Volusia
• County, Florida, hereinafter referred to as "SUBRECIPIENT".
WITNESSETH
WHEREAS, the County has the authority to enter into a binding agreement for the expenditure
of all or a portion of its Community Development Block Grant (CDBG) funds; and
WHEREAS, the regulations of 24 CFR 570, (as now in effect and as may be amended from time
to time), which are incorporated by reference, constitute a part of this AGREEMENT; and
WHEREAS, the County has determined that THE CITY OF EDGEWATER, through its
participation in the County of Volusia Urban County Community Development Block Grant, meets the
requirement for subrecipients as defined at 24 CFR 570.500(c); and
NOW, THEREFORE, in consideration of the mutual understanding and agreements set forth
herein, the County and Subrecipient and /or its Agent agree as follows:
w.-
1. Responsibility for Grant Administration,: In accordance with Subpart J of 24 CFR 570,
the County is responsible for ensuring the administration of CDBG funds in accordance
with all program requirements. The use of Subrecipients or contractors does not relieve
the County of this responsibility. The County is also responsible for determining the
adequacy of performance under subrecipient agreements and procurement contracts and
for taking appropriate action when performance problems arise, such as those actions
described in 24 CFR 570.910.
2. Other Program Requirements: This AGREEMENT shall require the Subrecipient and /or •
its Agent to carry out each activity in compliance with all Federal laws and regulations in
Subpart K of 24 C1-''R 570 as further described in ATTACHMENT III -- Certifications and
Other Regulations, which is attached hereto and made a part hereof as if fully rewritten,
except that:
a. The Subrecipient and /or its Agent does not assume the County's environmental
responsibilities as described at 24 CFR 570.604; and
``r►
b. A Subrecipient and/or its Agent is required to comply with the Uniform Relocation
Assistance (URA) and Real Property Acquisition Policies Act of 1970, as
amended, and described in 49 CFR Part 24; and
2
•
•
c. The Subrecipient and /or its Agent does not assume the County's responsibility for
initiating the governmental review process under Executive Order 12372, as
described at 24 CFR 570.612.
3. Scope of Service: The Subrecipient and /or its Agent hereby agrees to allow expenditure
of Urban County CDBG funds within its jurisdiction. The County, Subrecipient and /or
'fluor its Agent hereby agrees to utilize funds made available under the CDBG Program for the
purpose of implementing activities as described in SECTION A -- Activity Responsibility
and Description of ATTACHMENT I -- Statement of Work, which is attached hereto and
made a part hereof as if fully rewritten. Changes in ATTACHMENT I -- Statement of
Work may be requested from time -to -time by either the County or the Subrecipient and/or
its Agent and shall be incorporated in written amendments to this Agreement. The
Subrecipient and /or its Agent certifies that the Community Development project(s)
provided for herein shall be given maximum feasible priority to activities that benefit low -
or moderate - income families or aid in the prevention or elimination of slums or blight.
4. Time of Performance: This AGREEMENT shall .take effect as of October 15. 1996
through and including September 30.1997 , and for any period thereafter in which the
Subrecipient has control over CDBG funds, including Program Income.
5. Compensation: The County shall compensate the Subrecipient and /or its Agent for all
expenditures made for those Community Development project(s) for which they are
Now responsible as described in SECTION A -- Activity Responsibility and Description of
ATTACHMENT I— Statement of Work. Compensation shall be made in accordance with
the budget schedule set forth in ATTACHMENT II -- Budget, which is attached hereto and
made a part hereof as if fully rewritten. Compensation shall be provided during the terms
of this AGREEMENT.
6. Method of Payment: Subject to receipt of funds from the United States Treasury, the
County agrees to reimburse the Subrecipient and /or its Agent for authorized expenditures
for which vouchers and other similar documentation to support payment expenses are
maintained by the Subrecipient and /or its Agent under those generally accepted accounting
principles and procedures approved by the Community and outlined in OMB Circulars A-
128 and A -87.
An Request for Funds and Expense Summary form provided in ATTACHMENT V, and
other such documentation as described above shall be submitted to the County by the 5th
day of each month for the preceding month. Payment shall be made within 3Q days of
receipt by the County.
'`r
7. Program Income: All income received from CDBG funded activities shall be considered
program income and subject to the requirements set forth in 24 CFR 570.504(c) of the
CDBG regulations. This AGREEMENT, at ATTACHMENT II-- Budggi, specifies
whether program income received is to be returned to the County or retained by the
Subrecipient and /or its Agent.
3
8. Reversion of Assets: Upon expiration of this AGREEMENT, the Subrecipient and /or its
Agent agrees to transfer to the County any CDBG funds on hand at the time of expiration
and any accounts receivable attributable to the use of CDBG funds. It shall also ensure that
any real property under the Subrecipient and /or its Agent's control that was acquired or
improved in whole or in part with CDBG funds in excess of $25,000 is either:
a. Used to meet one of the National Objectives in 24 CFR 570.208 until 5 years after
expiration of the AGREEMENT, or such longer period of time as determined
appropriate by the County; or
b. Is disposed of in a manner that results in the County being reimbursed in the
amount of the current fair market value of the property less any portion of the
value attributable to expenditures of non -CDBG funds for acquisition of, or
improvement to, the property. (Reimbursement is not required after the period of
time specified in paragraph 8.a. above).
9. Subcontracting: All work or services covered by this AGREEMENT, which is
subcontracted, shall be specified by written contract and subject to a ll provisions of this
AGREEMENT. All subcontracts must be approved by the County prior to execution.
10. Compliance with Regulations: The Subrecipient and /or its Agent will comply with the
applicable uniform administrative requirements as described in 24 CFR 570.502, including
those listed in ATTACHMENT III -- Certification and Other Regulations, which are
attached hereto and made a part hereof as if fully rewritten.
11. Maintenance and Availability of Records: In connection with the AGREEMENT, the
Subrecipient and /or its Agent shall maintain all accounting and client records and
documents, papers, maps, photographs, other documentary materials, and any evidence
pertaining to costs incurred, as more fully described in ATTACHMENT IV -- Records to
be Maintained, which is attached hereto and made a part hereof as if fully rewritten.
Copies of all CDBG related records generated by the Subrecipient and /or its Agent shall
be furnished to the County and made available for inspection by the Department of
Housing and Urban Development, the Comptroller General of the United States, or any
authorized representative of the County.
Such records shall be available at the Subrecipient and /or its Agent's offices at all
reasonable times during the contract period and kept for a period of five (5) years after
expiration of this AGREEMENT. If a claim, investigation, or litigation is pending after
what is assumed to be final payment, that in effect cancels the final payment date. The
..- retention period will not begin until final settlement of the claim, investigation, or
litigation.
12. Suspension and Termination: The County may terminate this AGREEMENT and such
additional supplemental Agreements hereafter executed, in whole or in part, and may
recover any CDBG funds at its discretion if the Subrecipient and /or its Agent:
4
a. Violates any provision of this AGREEMENT; or
b. Violates any provision of the Housing and Community Development Acts of 1974
and 1977, as amended; or
c. Violates any applicable regulations or terms and conditions of approval of the
applications that the Secretary of HUD has issued or shall subsequently issue
during the period of this AGREEMENT; or
d. Fails to complete performance in a timely manner.
The County may also terminate this AGREEMENT and such additional supplemental
agreements hereafter executed, in whole or in part, by giving the Subrecipient and /or its
Agent 30 days written notice, in the event that the Secretary of HUD shall:
a. Withdraw funds allocated to the County under its application for program activities
that substantially prevent performance of the Community Development program
in the County;
b. Terminate the County's funding allocation pursuant to an Act of Congress; or
c. Fail to approve a grant application filed by the County.
lope
13. Audit: The Subrecipient and /or its Agent is encouraged to comply with the audit
requirements set forth in OMB Circular A -133. If the audit requirements of A -133 are not
followed by the Subrecipient and /or its Agent, then the audit requirements of OMB
Circular A -110 must be followed.
14. Amendments: Upon mutual consent of both parties, this AGREEMENT may be amended
in writing.
•
15. Conflict of Interest: The Subrecipient certifies that it maintains a code or standards of
conduct that govern the performance of its officers, employees or agents engaged in the
awarding and administration of contracts using Federal funds.
Except for the use of CDBG funds to pay for salaries and other related administrative or
personnel costs, the Subrecipient certifies that no employee, agent, or officer of the
subrecipient, who exercises decision making responsibility with respect to CDBG funds and
activities, is allowed to obtain a financial interest in or benefit from CDBG activities, or have
Now a financial interest in any contract, subcontract or agreement regarding those activities or in
the proceeds of the activities. Specifically:
This requirement applies to any person who is an employee, agent,
consultant, officer, or elected or appointed official of the grantee, designated
public agency, or subrecipient; and to their immediate family members, and
business partner(s).
5
The requirement applies for such persons during their tenure and for a period
of one year after leaving the grantee or subrecipient organization.
It is applicable to the procurement of supplies, equipment, construction, and
services; acquisition and disposition of real property; provision of assistance
to individuals, businesses and other private entities for all eligible activities
(Section 570.201 -205); and provision of loans to individuals, businesses, and
other private entities.
Upon written request, exceptions may be granted by HUD after
consideration of the cumulative effect of various factors on a case -by -case
basis, and only with: (a) full disclosure of the potential conflict, and (b) a
legal opinion of the grantee's attorney that there would be no violation of
state or local laws in granting the exception.
'parr
•
''4irr
6
. i
COUNTY OF VOLUSIA /CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
SIGNATURE PAGE
IN WITNESS WHEREOF, the County and the Subrecipient and /or the City have executed this
AGREEMENT as of the date first above written.
•
Attest: Executive Director Chairman
•
Noisy
Attest: City Manager Mayor
•
Attest: County Manager Council Chairman
err
•
7
AGENDA REQUEST
C.A. NO.: 96 -158
Date: December 11, 1996
Nor
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS 12/ 16/96 CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
First Amendment to Police Department Computer Software Agreement
BACKGROUND:
Attached is a proposed First Amendment to Police Department Computer
Software Agreement. The existing three year Agreement expires December
31, 1996. The current monthly fee for services provided by CET is
$3,630.00. CET is requesting a five percent (5 %) increase during each
year of the three years proposed in the First Amendment to Agreement.
Accordingly, the monthly fee for the period from January 1, 1997,
through December 31, 1997, would be $3,811.00. The monthly fee for the
I"' period from January 1, 1998, through December 31, 1998, would be
$4,002.00, and from January 1, 1999, through December 31, 1999, the
monthly fee wold be $4,202.00.
RECOMMENDATION /CONCLUSION:
Staff recommends that the Council consider approval of the First
Amendment to Police Department Computer Software Agreement.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
•
Now
: '7+t-' %
K i -ta A. Storey • GeorgE. McMahon
City Attorney City Manager
KAS
Attachments
FIRST AMENDMENT TO POLICE DEPARTMENT
COMPUTER SOFTWARE AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT made this day of
December, 1996, by and between COMMUNICATIONS ENGINEERING
TECHNOLOGY, INC., (hereinafter referred to as "CET "), and the CITY
OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter
referred to as "City ").
WITNESSETH, that the parties hereto have agreed to amend that
certain Agreement between the parties dated December 20, 1993,
such that:
A. ARTICLE 3. TERM OF AGREEMENT is hereby amended to read
as follows:
This First Amendment to Police Department Computer
Software Agreement shall be effective from January 1,
1997, through December 31, 1999.
B. ARTICLE 7. METHOD AND PAYMENT OF FEES is hereby amended
to read as follows:
A. For the twelve month period from January
1, 1997, through December 31, 1997, the CITY
shall pay to CET a monthly fee of three
thousand eight hundred eleven dollars
($3,811.00), due and payable on the first day
of each month, without invoice, for services
received the preceding month. For the twelve
month period from January 1, 1998, through
December 31, 1998, the CITY shall pay to CET a
monthly fee of four thousand two dollars
($4,002.00) due and payable on the first day
of each month, without invoice, for services
received the preceding month. For the twelve
month period from January 1, 1999, through
err December 31, 1999, the CITY shall pay to CET a
monthly fee of four thousand two hundred two
dollars ($4,202.00) due and payable on the
first day of each month, without invoice, for
services received the preceding month.
B. Payment for services provided by CET
beyond the scope of this Agreement shall be
separately invoiced to the CITY by CET and are
due and payable within ten (10) days of
receipt by the City.
C. In all other respects, the terms and conditions of that
certain Agreement dated December 20, 1996, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have caused this First
Amendment to Agreement to be made and entered into the day and year
first written above.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Louise A. Martin
City Clerk Vice Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
ATTEST: COMMUNICATIONS ENGINEERING
TECHNOLOGY, INC.
By:
Secretary William K. Davis
President
`'4r
Now
"7. b.
AGENDA REQUEST
0 1••• ,
DATE: December 5, 1996
OTHER
CONSENT BUSINESS 12/16/96
PUBLIC HEARING,
ORD., RESOLUTION
ITEM DESCRIPTION /SUBJECT:
Appoint member to Board of Trustees of Police Pension Plan due to
expiration of term of Ruth Garvey, who requests reappointment
BACKGROUND:
The term of Ruth Garvey expires December 19, 1996, and she has
requested reappointment. Attached is her letter of request, plus
applications from others who are also interested in serving on the
*ft. Board of Trustees. Ms. Garvey's position is that of a resident
member as required by FS 185.05 (see attached).
RECOMMENDATION /CONCLUSION:
Council's decision.
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
Previous Agenda Item: YES NO X
Date: Agenda Item No.
Respectfully submitted,
Susan J. adsworth
Nair City Clerk, CMC
suek
EdA m, Tha wiz/ edi &mai
Awn,: (at, m. baw
Bm, 5, 1996
00,Q,— is AR, Atm OJeffidoqz, 03mAct
w a imwmLift o � O 02, PQmAio m &Act wit c.airum y , Ia. a, &v.
Stun an, 19, 1996.
paivmacluvru, umict i copr iouu, Gyn.? a 171,Q/mIM o 1.110
&MCI 154 au , ,,.
Al, 3 ann vr ommicip/Dah.m, ITU, t ub — Cififftialiffill2fili o ■
Ecic At02, a36,;,341, eGanzt.
31 rui tV1, run, funik.
ardpf
UGIIAiIr lll.. hCIAU7
1 .
'4 T
qr-)
° O ,„ � CITY OF EDGEWATER 5)d
104 N. RIVERSIDE DRIVE t
* * PO. Box 100 I duowater, f Iotida 32132 0100
(904) 428 -3245 St nCom 371 -7005 � (,� I rl Y
CITY I f i' OF EDGEWATER // ( p d
f
c�. r ,
s ��
APPLICATION FOR APPOINTMENT TO CITY �
"'kIrr+UT`r BOARDS AGENCIES OR COMMITTEES
Name
GEORGE J. BUTLER
A.
Address 1815 EVERGREEN DR. 41Cl
Home phone to
428 -3598
Occupation RETIRED AND NOW IN REAL ESTATE'SALES
Business CENTURY 21 AEREA REALTY
YES
Are you a resident of the City of Edgewater
5 MONTHS
How long have 01■1 lived in Edgewater•? - - - - _ — — - --
Is your principal place of employment in Edgewater? NO
I
If so, how long? - -- —
Briefly state your itrter in serving on a City Board and list
previous er:perience :1 HAVE BEEN AFFILIATED WITH LAW ENFORCEMENT FOR
OVER 38 YEARS. I HAVE SERVED ON THE POLICE SCREENING COMMITTEE,
THE CHIEF OF POLICE SELECTION COMMITTEE IN THE TOWM OF MITEO MA.
I HAVE A B.S. DEGREE WITH A MAJOR IN BUSINESS
Are you a regi•_;tered voter? YES
Do you hold 3. public office? NO
Are you employed by the City? NO
At the present time, do you serve orn any other Boards or
Agencies? NO — _ - ___1f so, it each.:
PLEASE INDICATE E: HOARDS OR AGENCIES YOU t•:11Iil.1)LIKE Ti) SERVE ON
AND RANK 1EIEt•I ACCORDING TO C1111ICEHY NUMBER - - --
BOARD MEMBERS MAY BE REQUIRED TO FILE FINANCIAL DISCI_f.)SUIRE EACH
— -- YEAR - - -- - --
Building Trades Regulatory Library Board
1! Appeals Board _ _
Merii. Board
Citizen Code
Enforcement Board Parks & Recreation
Board
General Employees Pension
Board F'ol ice Pension Board XXXX
Industrial Development Fire Pension Board
Board Beautification
Land Development >;: Committee
Regulatory Agency _
Capital Improvement _- -. — --
t:'ounc i 1 Advisory Committee C:oia ;n.i t tee
'*rrr Senior Citizen Advisory Charter Review
Signature:
J
**See reverse side for listing o f Boards and Agencies
. F/ Y
CITY OF EDGEWATER �� � o�
104 N. RIVERSIDE DRIVE R I (E.® '
`� * P.O. Box 100 - Edgewater, Florida 32132 -0108
1111 - (904) 428 -3245 SunCom 371 -7005 MM 1 7 1993
y
CITY Cot .:.h
144 'TAUT�
Nair
APPLICATION FOR APPOINTMENT TO CITY 1\ )
BOARDS, AGENCIES OR COMMITTEES ;`� v
•
NAME & /
ADDRESS' 91'07 0 -v 24 J-P
HOME PHONE 7 (,; '- / BUSINESS PHONE 4/, -; 2 39 -2 //
OCCUPATION C L'E'.e te-icaa
Are you a resident of Edgewater >lL=,C How long / e. 0
Is your principal place of employment in Edgewater? y_./.,-)J
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee:
e -44-7/7, .• ,:;eti 6
—
•
Are you a registered voter? ).L1-
Do you hold public office?
Are you employed by the City? 1-
At the present time do you serve on any other Boards, Ag ncies, or
committees? If so, list each: /
Have you ever served on any boards, agencies, or committees?
If so, list each: �1?�
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO TILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU I
WOULD LIKE TO SERVE ON AND RANK THEM ACC ORDING TO CHOICE BY 1lTUMBER
BEAUTIFICATION & TREE COMM. ( BUILDING TRADES REGULATORY &
APPEALS BOARD
CITIZENS CODE ENFORCEMENT
-FIRE PENSION BOARD / GENERAL EMPLOYEES PENSION
INDUSTRIAL DEVELOPMENT i– LAND DEVELOPMENT & REG. AGENCY
LIBRARY BOARD t- POLICE PENSION BOARD
PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE
SENIOR AD HOC COMMITTEE /
S IGNATURE i" . ,•� 4,4., L!y -- DATE: ✓
** SEE REVERSE SIDE FO STING OF BOARDS, AGENCIES AND COMMITTEES*
9/7,-
6 '1, /9
CITY OF EDGEWATER \ , J -JA`
APPLICATION FOR APPOINTMENT TO CITY BOARD OR AGENCY \O
Name � ILL( /a M f\ 2 rA n!
,os,.iddress zs c . uti T ra ((- P4 FO ( /4 TIE FL 3'L /(4-/
Home phone 1/ 90q-- 4,Z 7- O As-7
Occupation TiR f v A-C,2 o Ae.e. PLA4 4, �rZ
Business
Are you a resident of the City of Edgewater? yfi S
How long have you lived in Edgewater? 3 yr4-4 g
Is your principal place of employment in Edgewater? ,o a If so, how long? N A
Briefly state your interest in serving on a City Board and list previous experience:
GRuw.n14w 1E405P14¢,, R6 Foa,itcon_D 4
(,t'()A 0 Fot2 T y y/& 4 Rs ra 4L 20 SPArrt,Qun ry (Pa..Tvt_ 4 rile PS, root P
('o ST Ave tOAAlCG I CdsT co A-I TfeoL Do5 TRr,g /0 6,AU =k RI,- .sCt1 i C'Urrii tits." ->
U aw Re 7? u -u - E-Rcw� GRu1u w at evare(t Z r ( -o,Z 7 1E Tccu,V ctC #JTnvc ra
,v
Nr=wyo2 "A c &-rtio4,e/r'.er.v4 otee057416 A-i./0 i3a/e-b/.cio PE,' -7 ( ale FCUO2 y1012 t
�EEr� T Aiwa n col i $f ' ealfiCt To Foo•e D p Crao/k4`t CeA,ut- ifivy 7-4-0 x ceyfr -"e
Are you a registered voter? yr2 S
Do you hold a public office ? /u o
Are you employed by the City? N o
At the present time, do you serve on any other Boards or Agencies? it'
If so, list each: v 4
PLEASE INDICATE BOARDS OR AGENCIES YOU WOULD LIKE TO SERVE ON
All Board Members MUST file financial disclosure each year
Building Trades Regulatory
' Appeals Board Library Board
Citizen Code Enforcement Board ( Merit Board
General Employees Pension Board Parks 6 Recreation Board
Industrial Development Board 2. Police Pension Board
Land Development & Regulatory
Agency
(PLEASE INDICATE ALL BOARDS INTERESTED IN, AND RANK THEM ACCORDING TO CHOICE BY NUMBER)
Signature: �1�Z rp,,�- Date: y -1 "f
* *See reverse side for listing of Boards and Agencies
Ch. 185 MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUNDS F.S. 1995 F.S. 1995
(3) "Casualty insurance" means automobile public ported in whole or in part by the distribution of premium 185.06 Power:
liability and property damage insurance to be applied at tax funds as provided by this chapter or chapter 175, nor (1) The bo ard
the place of residence of the owner, or if the subject is shall any municipality establish a retirement plan for (a) Invest a nd
a commercial vehicle, to be applied at the place of busi- public safety officers which receives premium tax funds trust fund in annu
ness of the owner; automobile collision insurance; fidel- from both this chapter and chapter 175. insurance compar
+y bonds; burglary and theft insurance; plate glass ssHisz ry. 7, . 1, ch. 28 0, s. 2, c ., B6955_a2. 2. ch. 61-119; s. 1. ch. in whole or in part.
Nor pants in the mun
(4) "Division" means the Division of Retirement. 185.04 Actuarial deficits not `state obligations.— fund shall be entit
(5) "Enrolled actuary" means an actuary who is Actuarial deficits, if any, arising under this chapter shall ter, and pay the
enrolled under Subtitle C of Title III of the Employee not be the obligation of the state. thereon.
Retirement Income Security Act of 1974 and who is a History. —s. lb, ch. 28230, 1953. (b) Invest and
member of the Society of Actuaries or the American trust fund in:
Academy of Actuaries. 185.05 Board of trustees; members, terms of 1. Time or sa
(6) "Multiple peril" means a combination or package office.— state bank insure'
policy which includes both property coverage and casu- (1) In each municipality described in s. 185.03 there Corporation, or a
alty coverage for a single premium. is hereby created a board of trustees of the municipal by the Federal Sav
(7) "Police officer" means any person who is elected, police officers' retirement trust fund, which shall be ( 2. Obligations
appointed, or employed full time by any municipality, solely responsible for administering the trust fund. Effec- I guaranteed as to
who is certified or required to be certified as a law tive October 1, 1986, and thereafter, the board of trust- States.
enforcement officer in compliance with s. 943.1395, who ees shall consist of five members, two of whom, unless i 3. Bonds issu
is vested with authority to bear arms and make arrests, otherwise prohibited by law, shall be legal residents of r 4. Bonds, stc
and whose primary responsibility is the prevention and the municipality, who shall be appointed by the legisla ness issued or gu
detection of crime or the enforcement of the penal, crimi- tive body of the municipality, and two of whom shall be under the laws of
nal, traffic, or highway laws of the state. This definition police officers as defined in s. 185.02 who shall be nized territory of
includes all certified supervisory and command person- elected by a majority of the police officers who are mem-
nel whose duties include, in whole or in part, the supervi- bers of such plan. The fifth member shall be chosen by Columbia, provide
a majority of the previous four members, and such
sion, training, guidance, and management responsibili- 1 Y per- a. The corpor- P p rating n recognized na
reco
ties of full -time law enforcement officers, part -time law son's name shall be submitted to the legislative body of in one of t~
enforcement officers, or auxiliary law enforcement offi- the municipality. Upon receipt of the fifth person's g
cers, but does not include part -time law enforcement name, the legislative body of the municipality shall, as major rating servic-
officers or auxiliary law enforcement officers as the same a ministerial duty, appoint such person to the board of b. The board c
ry
ire defined in s. 943.10(6) and (8), respectively. For the trustees as its fifth member. The fifth member shall have 5 percent of its as.
r„ of this chapter only, "police officer" also shall the same rights as each of the other four members stock of any one IF
include a public safety officer who is responsible for per- appointed or elected as herein provided and may suc- gate investment it
forming both police and fire services. ceed himself or herself in office. Each resident member percent of the outs
(8) "Salary" means the total cash remuneration paid shall serve as trustee for a period of 2 years, unless or the aggregat
to a police officer for services rendered. sooner replaced by the legislative body at whose pleas- subparagraph at c
History. —s. 11, ch. 28230,1953; s. 1, ch. 29825, 1955; s. 1, ch. 59 -320; s. 1, Ch. ure the member shall serve, and may succeed himself assets.
61 -85; s. 7, ch. 79 -380; s. 2, ch. 79 -388; s. 2. ch. 86 -42; s. 43, ch. 91 -45; s. 40, ch. or herself as a trustee. However, the terms of the mayor,
93 -193; s'. 939, ch. 95 -147; s. 14, ch. 95 -154. ?,._ This paragraph She
• or corresponding chief executive officer of the munici-
185.03 Municipal, police officers' retirement trust pality, and the chief of the police department as mem- participants. Howe
bers of the board of trustees as provided in chapter has a duly enacte
funds; creation; applicability of provisions; participa comp liance with,
lion b ublic safet officers.— 28230, Laws of Florida, 1953, as amended, together with
y P y
any city and member of the legislative body of desire to vary the
(1) There may be hereby created a special fund to Y Y mana g er g y trustees of such
be known as the "Municipal Police Officers' Retirement the municipality as members of the board of trustees investment r
Trust Fund," exclusively for the purposes provided in shall terminate on September 30, 1986. Each police offi- p ocec
this cha ter, in each munici alit of this state, hereto- cer member shall serve as trustee for a period of 2 years, a municipal ordina-
P P Y where a special a
fore or hereafter created, which now has or which may unless he or she sooner leaves the employment of the ado
hereafter have a regularly organized police department, municipality as a police officer, whereupon the legisla adopted prior to OP.
which now owns and uses or which may hereafter own tive body of the municipality shall choose a successor 30- percent equity
and use e ui ment and a aratus of a value exceedin in the same manner as an original appointment. Each not be required tc
q P pp police officer may succeed himself or herself in office. investment provisic.
$500 in serviceable condition for the prevention of crime
The board of trustees shall meet at least quarterly each shall not be made
and for the preservation of life and property, and which
does not presently have established by law a similar year. Each board of trustees shall be a legal entity with, ties owned or cer.
fund.
in addition to other powers and responsibilities con- that of the United "
(2) The provisions of this act shall apply only to tained herein, the power to bring and defend lawsuits of (c) Issue drafts
municipalities organized and established pursuant to every kind, nature, and description.
( The trustees shall by majority vote elect from its retirement trust fur.
`he laws of the state and said provisions shall not apply drafts prescrir
shall be cer
the unincorporated areas of any county or counties members a chair and a secretary. The secretary of the
p Y y board shall keep a complete minute book of the actions, the chair and secre
nor shall the provisions hereof apply to any gembershi proceedings, or hearings of the board. The trustees shall . purposes for which
tal entity whose employees are eligible for membership urer or other de
in a state or state and county retirement system. not receive any compensation as such, but may receive p
(3) No municipality shall establish more than one
expenses acd diem a's ed by s. 4, ch 86-42: es 4r. Paid as permanent
retirement plan for public safety officers which is sup- s. 41, ch. 93 -193; c. 940, ch. 95 -147. and no money sha::
1352 `
a
fi
AGENDA REQUEST
DATE: December 4, 1996
CONSENT OTHER
BUSINESS December 16,1996
PUBLIC HEARING,
ORD., RESOLUTION
ITEM DESCRIPTION /SUBJECT:
Canceling or rescheduling regular meeting of Monday, January 20,
1997, due to Martin Luther King, Jr. Birthday holiday.
BACKGROUND:
City policy provides for canceling or rescheduling regular meetings
that fall on national holidays.
RECOM MENDATION /CONCLUSION:
low Council's decision. If Council wishes to cancel the January 20,
1997, meeting and items of an urgent nature occur, a special
meeting could be called to take care of that business.
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
Previous Agenda Item: YES NO X
Date: Agenda Item No.
Respectfully submitted,
George . McMahon
City Manager
lsk
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: t
or
FROM: Krista A. Storey, City Attorney. AO
C.A. NO.: 96 -160
DATE: December 16, 1996
SUBJECT: Addition to Agenda - Mutual Aid Agreement for
Volusia County Law Enforcement Agencies
Attached is a copy of a proposed Mutual Aid Agreement for Volusia
County law enforcement agencies. The Agreement provides for
voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines and the rendering of assistance
in a law enforcement emergency. The City Council approved a
similar agreement in 1992 which will expire on January 4, 1997.
Pursuant to a transmittal memo from Nancye R. Jones, Volusia County
Sheriff's Office Legal Advisor, the proposed Mutual Aid Agreement
is based on a Florida Department of Law Enforcement model agreement
which was amended in 1993 to provide consistency with state law.
The Council is requested to consider approval of the Mutual Aid
Agreement and authorize execution by the Mayor.
KAS
Attachment
Copy to: City Manager
City Clerk
Police Chief
MUTUAL AID AGREEMENT
COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY
COOPERATION AGREEMENT FOR VOLUSIA COUNTY, FLORIDA.
WITNESSETH
WHEREAS, the subscrib,_ng law enforcement agencies are so located in relation to
each other that it is to the advantage of each to receive and extend mutual aid in the form
of law enforcement services and resources to adequately respond to:
(1) intensive situations including but not limited to emergencies as defined under
Section 252.34f2), Florida Statutes and
(2) continuing, multi - jurisdictional law enforcement problems, so as to protect
the public peace and safety, and preserve the lives and property of the
people; and
WHEREAS, the Volusia County Sheriff's Office, arrd the Daytona Beach Police
Department; Daytona Beach Shores Department of Public Safety; DeLand Police
Department; Edgewater Police Department; Holly Hill Police Department; Lake Helen
Police Department; New Smyrna Beach Police Department; Oak Hill Police Department;
Orange City Police Department; Ormond Beach Police Department; Port Orange Police
Department; Ponce Inlet Police Department; South Daytona Police Department; Airport
Security Force; and the Beach Protective Division (f3ac,h Rdngeis Senior Lifeguards),
Department of Beach Management, have the authority under Section 23.12, Florida
Statutes (et seq.), the Florida Mutual Aid Act, to enter into upvidtivrrcll
1
12 -1 p -1996 1 : 34PM FROM V. C. S. O. / P10 904 736 5986 P. 4
a combined mutual aid agreement .for law enfpr ement service which:
.(1) Permits volyniary cooperation and assistance of a routine law enforcement
nature &cross jurisdictional lines. and;
(2) Provides for rendering of assistanceini law enforcement emergency as
defined in section 252.34, Florida Statutes,
NOW, THEREFORE, the parties agree as follows:
(Section I and Section II were interchanged.)
SE Id PROVISION FOR VOLUNTARY CQQPERATIQN
in ackiitiui i, Each of the aforesaid law enforcement agencies hereby approve and
enter into this agreement whereby each of the agencies may a tbu request and render law
enforcement assistance to the other in dealing with any violations of Florida Statutes to
include, but not necessarily be limited to, investigating homicides, sex offenses, robberies,
assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to
Chapter 893, F.S., backup services during patrol activities, school resource officers or1
official duty out_ of their jurisdiction, and inter - agency task forces, including but not limited
to: traffic enforcement and drug enforcement task forces, and /or joint investigations.
SECTION iI: PROVISIONS FOR QPERATIQNAL ASSISTANCE
Each of the aforesaid Iaw enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may request and render Iaw enforcement
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assistance to the other to include, but not necessarily be limited to, dealing with civil
disturbances, large protest demonstrations, aircraft disasters, fires, natural or man -made
disasters, sporting events, Spring Break, motorcycle weeks, automobile race events,
concerts, parades, escapes from detention facilities, and incidents requiring utilization of
specialized units.
SECTION 1114 PM FOR RE_QUESTIIN{'x ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth
above, an authorized representative of the agency zequiril r j requesting assistance shall
notify the agency head or his /her designee from whom such assistance is req
requested. The agency head or designee authorized agency representative whose
assistance is sought shall evaluate the situation and the agency's available resources,
consult with his/her supervisors if necessary and will respond in a manner he /she deems
appropriate. The dy i r acA it n this ryard st kilt b f lrat- The agency head in
whose jurisdiction assistance is being rendered may determine who is authorized to lend
assistance in his/her jurisdiction, for how long such assistance is authorized and for what
purpose such authority is granted, This authority may be granted either verbally or in
writing as the particular situation dictates.
Should a sworn law enforcement officer of an agency whik.,h I5 party to tti5
c yretni r It be in - '. • •• '. • .. _ • , . _ . another subscribed agency's juridiction
for matters of a routine nature, such as traveling through the area jurisdiction on routine
business, attending a meeting or going to or from work, or transporting a prisoner, and a
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12 -12 -1996 1 : 35PM FROM V. C. S. O. / P10 904 736 5988 P. 6
violation of Florida Statutes occurs in the presence of said uffit..er party, representing
his/her respective agency, he /she shall be empowered to render enforcement assistance
and act in accordance with law. Should enforcement action be taken, said uffic,r party
shall, as soon as possible, notify the agency having normal jurisdiction and upon the
latter's arrival, turn the situation over to them and offer any assistance requested
including, but not limited to, a follow -up written report documenting the event and the
actions taken. This rovision so prescribed in this paragraph is not intended to grant
h.ri • •n• _ h i - '.- . . � . -rv- w.rr -n .n. •r ... ^i. • • - ..n.
wi h. r -. - • = m -r. -n i- -1 .. . -'l. .•.r- -. • h- :. - • ,. :)
jurisdiction. but is intended to address critical. life - threatening or public safety situations,
prevent bodily injury to citizens, or secure apprehension of criminals whom the law
enforcement officer may encounter.
The agency head's decision in these matters shall be final.
SECTION IV: COMMAND AND SUPERVISQRY RESPONSIBILITY
The personnel and equipment that are assigned by the
assisting agency head shall be under the immediate command of a supervising officer
designated by the assisting agency head. Such supervising officer shall be under the direct
supervision and command of the agency head or his /her designee i
_ ' _ - ' •-' • •' Y : . of. the , enev requesting assistance
CONFLICTS: Whenever an officer. deputy sheriff or other appointee is
rendering assistance pursuant to this agreement, .he officer. deputy sheriff or appointee
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1 2 -1.0 -1 996 1 : 36PM FROM V. C. S. O. / P10 904 736 5986 P. 7
II ..i.- • • • • •'- • h- r 1_ .n. r=. I. i•n •-r •nn -I ..l' i- . -r..
orders anil.standard operating procedures of his /her own employer. If any such rule.
regulation, personnel caolioy, general order or standard operating procedure is contradicted.
contra p d or otherwise in conflict_ with a direct order of a superior officer of the
requesting agency. then such rule. regulation, policy. general order or procedure shalt
control and shall supersede the direct order.
HANDLING. COMPLAINTS: Whenever there is cause to believe that a
•1 "' h. .ri =n . . r= I .f •••- ' - - • .., 1 •e -in • hi . .r ^ ^u-1
the agency head or hislher designee of the requesting agency shall be responsible for the
documentation of said complaint to ascertain at a minimum:
L The identity of the complainant.
2. An address where the complaining party can be contacted.
a The specific allegation.
The identity of the employees accused without regard as to agency affiliation.
If it is determined that the accused is an employee of the assisting agency. the above
information. with all pertinent documentation gathered during the receipt and processing
of the complaint. shall be forwarded without delay to the agency head or hislher designee
of the assisting agency for administrative review. The requesting_ agency may conduct a
review of the complaint to determine if any factual basis for the complaint exists and/or
whether any of the employees of the requesting agency violated_ any of their agency's
policies or procedures.
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SECTION V: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
a.greement. agrees to assume responsibility for the acts, omissions, or conduct of such
party's own employees while engaged in rendering.. such aid pursuant to this agreement,
.'-
g- .. '.1 .f - '. 7.:.2: Fl.ri. - _ wh -r- ...li ..l :.
(The Below -Named Section Numbers were changed to accommodate the addition of
Section V.)
SECTION VI: EQW RS, PRIVILEGES. IMMUNITIES AND COSTS
a. Members of the participating agencies, when actually engaging in mutual
•
cooperation and assistance outside of their jurisdictional limits but inside this state, under
the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), Florida
Statutes, have the same powers, duties, rights, privileges and immunities as if they were
performing their duties inside the political subdivision in which they are normally employed.
b. Each party agrees to furnish necessary personnel, equipment, resources and
facilities and to render services to each other party to the agreement as set forth above;
provided however, that no party shall be required to deplete unreasonably its own
personnel,. equipment, resources, facilities and services in furnishing such mutual aid.
c. Th ay A political subdivision that furnishes any equipment pursuant to
this agreement all must bear the cost of loss or damage to that equipment and
must pay any expense incurred in the operation and maintenance of that equipment.
d. The agency furnishing aid pursuant to this section shall compensate its
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12 -1,0 -1996 1 : 37PM FROM V. C. S. O. / P10 904 736 5988 P. 9
appointees /employees during the time such aid is rendered and shall defray the actual
travel and maintenance expenses of ,w..I IS employees while they are rendering such aid,
including any amounts paid or due for compensation due to personal injury or death while
such employees are engaged in rendering such aid.
e. All of The privileges and immunities from liability, exemption from laws,
ordinances and rules, and all pension, insurance, relief, disability, workers' compensation,
salary, death and other benefits which that apply to the activity of sucl r the officers, agents,
or employees of any - such agency when performing their respective fvactrrons duties within
the territorial limits of their respective public agencies shaft apply to them to the same
degree, manner and extent while engaged in the performance of prof their functio lb dad
duties extraterritorially under the provisions of this mutual aid agreement. The provisions
of this section shall apply with equal effect to paid, volunteer and reserve employees.
f. Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing authority having budgeting jurisdiction to
reimburse the assisting agency for any actual costs or expenses incurred by the assisting
agency performing hereunder. W1 ICI r dbbibtd! UT Kit!! SCC.ttur i 1.
- : - : • w .. . - -
SECTION VII: ittp_EMNIFICATION
Each party engaging in any mutual cooperation and assistance, pursuant to this
agreement, agrees with respect to any suit or claim for damages resulting from any and
all acts, omissions, or conduct of such party's own employees occurring while engaging
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12 -10 -1996 1 : 37PM FROM V. C. S. 0. / P10 904 736 5936 P. 10
in rendering such aid pursuant to this agreement, to hold harmless, defend and indemnify
the other participating party and its appointees or employees, subject to provisions of
Section 768.28, Florida Statutes, where applicable, and provided such party shall have
control of the defense of any suit or claim to which said duty to indemnify applies.
SECTION VIII: JNSURANCE COVERAGE
Each party shall provide satisfactory proof of liability insurance by one or more of
the means specified in Section 768.28(14), Florida Statutes, in an amount which is, in the
judgment of the governing body of that party, at least adequate to cover the risk to which
that party may be exposed. Should the insurance coverage, however provided, of any
party be canceled or undergo material change, that party shall notify all parties to this
agreement of such change within ten (10) days of receipt of notice or actual knowledge of
such change.
SECTION IX; EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter
named officials and shall continue in full force and effect until January 4, 2002, unless
terminated prior thereto by any or all of the parties herein. Under no circumstance may_this
agreement be renewed. amended. or extended except in writing_
SECTION X: CANCELLATIQN
Any party may cancel its participation in this agreement upon delivery of written
notice to the other party or parties. Cancellation will be at the direction of any subscribing
party.
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IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on
the date specified.
Robert L. Vogel, Jr., Sheriff Date Signed
Volusia County
Kenneth Small, Chief Date Signed
Daytona Beach Police Department
Frank M. Daraio, Director Date Signed
Daytona Beach Shores, Department of Public Safety
Richard M. Slaughter, Chief Date Signed
DeLand Police Department
Lawrence F. Schumaker, Chief Date Signed
Edgewater Police Department
John P. Finn, Chief Date Signed
Holly Hill Police Department
Thomas W. Ling, Chief Date Signed
Lake Helen Police Department
9