09-02-1999 - Special (G W4r �4
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THE CITY OF EDGE WATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
4, ;."z4AVAt , e 4
Mayor Randy G. Allman
District 1 Councilman James K. Gornto City Manager Kenneth R. Hooper
District 2 Councilman Myron F. Hammond City Attorney Nikki Clayton
District 3 Councilman Gary W. Roberts City Clerk Susan J. Wadsworth
District 4 Councilwoman Judith R. Lichter
August 27, 1999
- PUBLIC NOTICE -
The City Council of Edgewater will hold a special meeting at 7:00 p.m., Thursday,
September 2, 1999, in the Community Center, for the awarding of the gym contract and to discuss
with the County an Interlocal Agreement for water and wastewater.
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c:A rneetingnotices \specialmt09.029
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(904)424 -2404 FAX- (904)424 -2421
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THE CITY OF EDGEWATER
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POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
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O � A �TA LITY G
CITY OF EDGEWATER
BID OPENING
AUGUST 19, 1999
2:00 9.M.
GYMNASIUM COMPLEX
MINUTES
City Clerk Susan Wadsworth opened the bids for the Parks and
Recreation Gymnasium Complex at 2:00 p.m.
The following were present:
Grady Strickland Saturn Builders
Don Amendolare Rowan South Construction
Amy Leslie C & D Construction
Toni Carney Butler Construction Co.
Mark Veenstra McKim & Creed
Jack Corder City of Edgewater
Don Allen Dickens & Associates
Larry Towsley Canaveral Construction
John Vogelbacher Wautauga Company
Andy Hunt EESI
Terry Wadsworth City of Edgewater
Susan Wadsworth City of Edgewater
The following is a list of the bids:
Saturn Builders $1,674,295.00
Rowan South Construction $1,668,697.00
C & D Construction Inc $1,673,000.00
Butler Construction Co $1,749,000.00
The Wautauga Company $2,059,000.00
Canaveral Construction Co Inc $1,902,000.00
The bid opening was closed at 2:08 p.m.
Minutes submitted by:
Lisa Kruckmeyer
AGENDA REQUEST =' � �
Date: August 27, 1999 L\
PUBLIC
HEARING RESOLUTION ORDINANCES
OTHER
CONSENT BUSINESS September 2, 1999 CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Award of Construction Contact for the City's Gymnasium Complex/YMCA Project.
BACKGROUND:
The City received 6 bids for the construction of the gymnasium complex. The bids were opened on
August 19, 1999.
City staff and the consulting engineers (letter enclosed) recommend awarding the construction
contract to Rowan South Construction (Volusia County). The total contract amount is
$1,668,697.00. Upon completion of all contract documents, bonds and insurance information, the
'City Manager will authorize a Notice to Proceed. The construction period is approximately ten (10)
months. The gymnasium is scheduled to open by July 2000.
Attached is a letter from the Volusia YMCA confirming their commitment to partner with the City
to provide operation of the Edgewater/YMCA complex.
Funds for the construction of the total project are available from the General Fund, Water and Sewer
Enterprise Fund (Utility extensions) and the Parks Impact Fees.
RECOMMENDATION /CONCLUSION:
City staff recommends award of the construction contract to Rowan South Construction.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
PREVIOUS AGENDA ITEM: YES NO
DATE: AGENDA ITEM NO.
Respectfully submitted,
Ke neth R. Hooper
City Manager
c:\agendarerequests \gym- ymcaproject.99
4MCKIM&CREED
August 30, 1999 RECEIVED M &C113800001(11)
pUG 5 t 19
Mr. Jack Corder
Director of Parks and Recreation CI ?Y �pNpGI R
City of Edgewater
P.O. Box 100
Edgewater, Florida 32132 -0100
RE: City of Edgewater
Gymnasium Complex
Letter of Recommendation
Dear Mr. Corder:
Bids for the referenced project were opened at City Hall at 2:00 p.m. on August 19, 1999. A total of 6 bids
were submitted for the project, ranging from a high base bid of $2,059,000.00. to a low base bid of
$1,669,697.00.
The low base bid was submitted by Rowan South Construction, Inc. of New Smyrna Beach, Florida. All of
the required documentation was included with their bid, including Bid Bond and Sworn Statement - Public
Entity Crimes. A reference check on Rowan South Construction, Inc. has shown that they have performed
adequately on building construction projects for other municipal government and agencies such as
Putnam County, Volusia County School Board and the Florida School for the Deaf and Blind.
Therefore, McKim & Creed recommends that Rowan South Construction, Inc. be awarded the
Construction Contract for the base bid in the amount of $1,669,697.
A copy of the Bid Tabulation has been forwarded to you under separate cover.
If you require any further information regarding this matter, please contact our office at your convenience.
Sincerely,
McKIM & CREED, PA
Mark A. Veenstra, P.E.
Senior Project Manager
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Q: \1138\0001 \083099 Jack Corder Ltr of Recom.doc
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1901 MASON AVE., SUITE 102, DAYTONA BEACH, FLORIDA 32117
TEL 904.274.2828 FAX 904.274.1393 www.mckimcreed.com
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AUG -31 -99 TUE 11 :08 AM 8431t3298M2.23A4 9042555426 P.
RECE 1 VE
AUG3 1999
CITY MAN AGER
August 27, 1999
Ken Hooper
City Manager
City of Edgewater
104 N. Riverside Dr.
Edgewater, F132132
Dear Ken:
I wanted to update you on our YMCA progress toward the planned future Capital
Campaign. It is also important for you to know our commitment to this partnership. To
date, we have invested over $100,000 into the storefront operation and have obtained 175
member units. We have just recently opened an additional 800 square feet for babysitting
for parents working out. Our Sumner Camp averaged 30 kids per day and our Aerobics
program has 12 -15 per class.
Now that we have completed the membership marketing study, we have just hired a firm
to handle our Capital Campaign Feasibility study, which will be done in late September
or early October. It is our plan to begin our fundraising after the United Way Campaign
is complete and before January 1" 2000. We have prioritized our needs and they will be:
1) Outdoor Family Aquatic Center
• Lap Lanes
• Fountains
• Slides
• Handicap Entry
• Play area for younger children
• (2) Family Locker Rooms $450,000
2) Childcare Center
• • 2,500 square feet
• Climbing tubes
• Nursery
• Indoor playground $250,000
United Way Agency
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AUG -31 -99 TUE 11:09 AM 843tt3298M2.23A4 9042555426 P.03
•
3) Cardio/ Aerobics Center
• Cardio Room
• Spinning Room
• 2000 sq. ft.
• Aerobics Studio
• Multi Purpose $200,000
4) Additional Equipment For:
• Fitness Center
• Childcare Program
• Teen/Senior Center $75,000
Subtotal $975,000
Other Areas for Consideration
(2) Racquetball Courts $90,000 per $180,000
Outdoor Playground/Fence $25,000
Gymnastics Equipment $50,000
Multi- purpose/ Meeting Room $90,000
Subtotal $345,000
Total Needed $1.320 million
It is our expectation to have enough money raised for the Aquatic Center prior to the July
planned opening of the building. It could happen sooner.
I have reviewed the bids for construction and I'm not surprised at the total cost. I believe
the bids are fair and I would hope that a local company could be used if possible.
If you have any questions, please don't hesitate to call. This project is the number one
priority for the YMCA Board and staff.
Thanks for everything
Since
a, Li
Randy A. own
C.E.O
Deaf & Hard of Hearing Services, Inc.
.�o y„.),„.\il,;.., of Volusia / Flagler Counties
116 South Palmetto Avenue
Daytona. Beach, FL 32114
0 / Providing The Link
Business Phone: 904 - 257 -1700 — Fax: 904 - 257 -9888
Hard or Hearing
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OHMS Bowling
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Tournament Date: Saturday, September 11, 1999 Time:
0 At Daytona Bowl, 2739 South Ridgewood Ave. 10 a.m. till
South Daytona, FL 32119 4 p.m.
onsor a team — $60
Free advertisement for your company
0 I Four bowlers — Names
(1) �e (
(3) (4) _
(Please bring these names to the Registration Desk on date of tournament)
Thank you for your participation in the DHHS BowI -A -Thon
Bowling Tournament as the Team Sponsor.
Please retain top portion for your record and return bottom portion.
Cut along this li ne ---- - - - - --
Sign up form — Please sent this form to DHHS with your check
To DHHS, 116 5. Palmetto Ave, Daytona Beach, FL 32114 -4320
Business Representative: Business Name:
I Business address: _ City /Zip
Phone Phone:
Sponsor a Team Donation — $60 Signature
(Write names of bowlers on back of this section)
Deaf & Hard of Hearing Services, Inc.
i 4 �'L A a. of Volusia / Flagler Counties
° / J � 116 South Palmetto Avenue
Daytona Beach, FL 32114
S Providing she Link
Business Phone: 904 - 257 -1700 Fax: 904 - 257 -9888
H a r d of He
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OHMS '�i � �4 4 ( IT Bowling
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Tournament Date: Saturday, September 11, 1999 Time:
At Daytona Bowl, 2739 South Ridgewood Ave. 10 a.m. till
• South Daytona, FL 32119 4 p.m.
Door Prize Donor
I will be glad to provide a prize for the DHHS BowI -A -Thon Bowling Tournament.
0 Item donated: Value:
Signature — Business Representative
Signature - Tournament Committee Member
Thank you for your participation in the
DHHS Bowl -A -Thon Bowling Tournament as a Door Prize Donor.
II I Please retain top portion for your record and return bottom portion
to the Tournament Committee.
Cut along this line -- -- ° ° --
Door Prize Donation to 1999 DHHS BowI -A -Thon Bowling Tournament
Business Representative:
Business Name:
Business address:
S City /State /Zip: Phone:
Item(s) Value:
Deaf & Hard of Hearing Services, Inc.
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� of Volusia / Flagler Counties
V 116 South Palmetto Avenue
• . /� Da Beach, FL 32114
Prov iding the Link . .
Business Phone: 904 - 257 -1700 Fax: 904 - 257 -9888
Hard of Hearing
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OHMS h\\`\\ Bowlin
Bowl- A -Thon , Tournament
0 Tournament Date: Saturday, September 11, 1999 Time:
At Daytona Bowl, 2739 South Ridgewood Ave. 10 a.m. till
South Daytona, FL 32119 4 p.m.
In- Kind -Donor
I will be glad to provide
III For the DHH5 BowI -A -Thon Bowling Tournament.
Signature — Business Representative
Signature - Tournament Committee Member
0 I Thank you for your participation in the
DHH5 Bowl-A -Thon Bowling Tournament as In -Kind- Donor.
Please retain top portion for your record and return bottom portion
to the Tournament Committee.
Cut along this line — ° °—
In- Kind - Donation to 1999 DHH5 BowI -A -Thon Bowling Tournament
Business Representative:
Business Name:
Business address:
® City /State /Zip: Phone:
Donated:
Deaf & Hard of Hearing Services, Inc.
/y � ` 116 South Palmetto Avenue
Daytona Beach, FL 32114
Illi Providing the link
(1( i Business Phone: 904 - 257 -1700 �� Fax: 904 - 257 -9888
1\ ,I 17 1 ,. ; 4 ; , f - )'
OOHS ,
Hard of Hearing
Bowling
_ _ / Tournament
Bowl A Thon / 1
Tournament Date: Saturday, September 11, 1999 Time:
At Daytona Bowl, 2739 South Ridgewood Ave. 10 a.m. till
• South Daytona,, FL 32119 4 p.m.
Buy a Lane —$100
to
• Free company advertisement
• Free banner with company name on it hanging over the lane
Signature — Business Representative
Signature - Tournament Committee Member
Thank you for your participation in the DHHS BowI -A -Thon
Bowling Tournament as a Lane Buyer.
Please retain top portion for your record and return bottom portion.
Q,t along this lino --
Sign up 'orm NN Please sent this form to DHHS with your check
Mail ro DHHS, 116 S. Palmetto Ave, Daytona Beach, FL 32114 -4320
Business Representative: Business Name:
Business address: City /Zip
4110. Phone Phone:
Donated: Buy a lane ($100.00) Your signature
AGENDA REQUEST
Date: August 27, 1999
PUBLIC
• HEARING RESOLUTION ORDINANCES
OTHER
CONSENT BUSINESS September 2, 1999 CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Interlocal Agreement - Wholesale Water and Sewer Agreement.
BACKGROUND:
City staff and County staff have negotiated an Interlocal Agreement for providing wholesale water
and sewer service to Southeast Volusia County (area between Edgewater and Oak Hill). The
Agreement provides for the exchange of water capacity for sewer capacity (based on the cost per
gallon).
Benefits to the City and County are:
(1) City will not have to expand its existing wastewater treatment plant for the foreseeable
future:
(2) Expansion of City customer base to allow stable rate base for existing customers;
(3) Avoid duplication of capital improvement, by City and County;
(4) Develop "Regional" approach to providing of water and sewer service for Southeast Volusia
(County to serve sewer and City to serve water);
(5) Allows for cost - effective removal of existing inefficient package plants for water and sewer,
(primarily in County);
(6) Provide potential (infrastructure) for urban development south of City;
(7) Provide opportunity to improve water quality conditions for Indian River/Mosquito Lagoon
by reduction in existing and future reliance on septic tanks for wastewater treatment.
Cost Summary:
— County purchases water capacity at $4.00 /gallon
— City provides water treatment at $2.75/1,000 gallons e ,e 5
— City purchases wastewater capacity at $4.50 /gallon /�
— County provides wastewater treatment at $2.00/1,000 gallons
— Rates cannot increase more than 5% per year
— County pays City $300,000 for .075 MGD of water capacity with 6 months
— County and City exchange 175,000 gallons of water capacity for 155,555 gallons sewer
capacity.
�v�� STA'ko'rk
Interlocal Agreement
September 2, 1999
Page -2-
Terms of Agreement:
(1) 20 years;
(2) Any capacity purchased or exchanged is permanent;
(3) City and County have option to extend Agreement in perpetuity.
RECOMMENDATION /CONCLUSION:
Staff recommends approval of Interlocal Agreement for wholesale water and sewer service.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
PREVIOUS AGENDA ITEM: YES NO
DATE: AGENDA ITEM NO.
Respectfully submitted,
•
AO< 4(6111170%. Ir✓
Kenne R. Hooper
City Manager
KRH:ejm
c: /agendarequests/interlocal agmt.99
INTERLOCAL WATER and WASTEWATER
AGREEMENT
THIS INTERLOCAL AGREEMENT is made this day of
1999, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "Edgewater ", and the VOLUSIA COUNTY, FLORIDA, a charter county, hereinafter
referred to as "County ".
RECITALS
WHEREAS, Edgewater, presently owns and operates a potable water supply, treatment and
distribution system and a wastewater treatment, collection and disposal system within Southeast
Volusia County, Florida, for the purpose of furnishing potable water and wastewater services to its
customers; and
WHEREAS, County presently owns and operates a water supply and distribution system
within Southeast Volusia County, Florida, for the purpose of furnishing potable water service to its
customers; and
WHEREAS, County presently is constructing a new .6 MGD regional wastewater treatment,
collection and disposal system for the purpose of providing wastewater treatment service to its
customers; and
WHEREAS, Edgewater is authorized by Florida law to operate a potable water and
wastewater system outside of Edgewater's corporate limits; and
WHEREAS, County is authorized by Florida law to operate a potable water and wastewater
system within Volusia County; and
WHEREAS, the parties entered into an interlocal agreement dated October 3, 1994, which
established utility service areas for each jurisdiction, which service areas are unchanged by the
subject agreement, and
-1-
WHEREAS, the parties previously entered into an agreement, dated May 30, 1996, for the
purpose of providing potable water service south of Edgewater along US 1 by and between Edgewater
and County in anticipation of a future long -term interconnection between the two water systems; and
WHEREAS, the parties wish to supersede the May 30, 1996, agreement with this agreement;
and
WHEREAS, County has a need for additional potable water and Edgewater is willing to meet
this need in accordance with the terms of this Agreement.
WHEREAS, Edgewater has a need for long -term additional wastewater treatment and
disposal and County is willing to meet this need in accordance with the terms of this Agreement.
WHEREAS, Edgewater and County agree the most cost - effective method for water and
wastewater service to Southeast Volusia County will be a regional approach of Edgewater providing
wholesale water service to the County and the County providing wholesale wastewater service to
Edgewater.
NOW, THEREFORE, in consideration of the mutual promises herein contained, it is agreed
as follows:
1. Incorporation of Recitals. The foregoing recitals are true and accurate and are
incorporated herein by reference.
2. Defined Terms. Unless otherwise provided for in this Interlocal Agreement,
Capitalized Words and terms shall have the following meanings:
2.1 "Anniversary Date" means each annual anniversary date of the first day of the
Term.
2.2 "Cumulative Daily Average" means the cumulative daily average of water
supplied or wastewater treated at any particular date during the Term of this agreement. Pursuant to
paragraph 14, this figure is calculated at each Anniversary Date for the preceding 12 months.
-2-
2.3 "Impact Fee" means the impact fee (capital charge) charged by Edgewater
and/or the County as a condition precedent to connection to the Edgewater and/or County Water
System or Wastewater System, as amended from time to time.
2.4 "MGD" means a unit of measurement equal to a million gallons per day.
2.5 "Notice Date" represents a potentially recurring date where either party would
notify other party, pursuant to paragraphs 11 and 12 of this agreement, that their Cumulative Daily
Average exceeded the Reserved Water or Wastewater Capacity or, if applicable, the Revised
Reserved Water or Wastewater Capacity.
2.6 "Permit" shall mean any licenses, permits, zoning changes, zoning variance
or other approvals from any government or government agency, whether federal, state, regional or
local, necessary or convenient to the acquisition, construction, transfer, operation or expansion of the
water distribution facilities or wastewater collection or transmission facilities, including but not
limited to any general use permits, temporary use permits, individual use permits or transfer of
permits issued by the St. Johns River Water Management District, the Department of Environmental
Protection, the United States Army Corps of Engineers and all successor agencies.
2.7 "Potable Water" means water supplied by the Edgewater Water Works System
which is intended to be fit for human consumption and which complies with the Department of
Environmental Protection regulations, Section 62 -555 as well as all state and local regulations
pertaining to public drinking water systems.
2.8 "Prior Agreement" means the previous agreement dated May 30, 1996,
between Edgewater and County for the purpose of providing potable water to the unincorporated area
south of Edgewater.
2.9 "Reserved Capacity" means water or wastewater capacity for which impact fees
have been paid or compensated.
-3-
2.10 "Term" means that period which commences upon approval of the agreement
by the Edgewater City Council and the Volusia County Council, and ends on the later of (i) the
twentieth (20th) anniversary thereof, or (ii) if County exercises its option to extend pursuant to
paragraph 18 of this agreement, then the period shall continue in perpetuity, unless sooner terminated
in accordance with the provisions of this agreement.
3. Representations of Edgewater. Edgewater makes the following representations to
County:
3.1 Edgewater is duly organized and in good standing under the laws of the State
of Florida, and is duly qualified and authorized to carry on the governmental functions and operations
set forth in this agreement.
3.2 Edgewater has the power, authority and legal right to enter into and perform
the obligations set forth in this agreement, and the execution, delivery and performance hereof by
Edgewater: (1) has been duly authorized by the City Council of the City of Edgewater; (2) does not
constitute a default under, or result in the creation of any line, charge, encumbrance, or security
interest upon the assets of Edgewater, except as otherwise provided herein.
4. Representations of County. County makes the following representations to
Edgewater:
4.1 County is duly organized and in good standing under the laws of the State of
Florida, and is duly qualified and authorized to carry on the governmental functions and operations
set forth in this agreement.
4.2 County has the power, authority and legal right to enter into and perform the
obligations set forth in this agreement, and the execution, delivery and performance hereof by County:
(1) has been duly authorized by the County Council of Volusia County; (2) does not constitute a
default under, or result in the creation of any line, charge, encumbrance, or security interest upon the
-4-
assets of County, except as otherwise provided herein.
5. Statutory Authority. This agreement shall be considered an Interlocal Agreement
pursuant to Chapter 163.01, Florida Statutes. A true and correct copy of this agreement shall be filed
with the Clerk of the Circuit Court in Volusia County.
6. Supply of Water. Edgewater agrees to supply and make available to County, upon
commencement of the Term and payment to Edgewater of the required Impact Fee, 250,000 gallons
(.25 MGD) of Reserved Water Capacity (Average Annual Demand) during the Term of this
agreement. County agrees to obtain Reserved Water Capacity up to .25 MGD capacity at a rate of
four dollars ($4.00) per gallon. Edgewater and County agree the parties will exchange water capacity
for wastewater capacity based on the per gallon charge. Notwithstanding the above, County agrees
to purchase Reserved Capacity of no less than 75,000 gallons of water capacity within 6 months of
the effective date of this agreement. Reserved Capacity of not less than 175,000 gallons will be
provided to the County through an exchange of water for wastewater capacity. The parties recognize
that the daily and monthly water consumption may vary. County shall be billed based on the actual
consumption on a monthly basis.
7. Water Rates. The rate to be charged for the purchase of Potable Water supplied to
County by Edgewater shall be two dollars and seventy -five cents ($2.75) per one thousand (1,000)
gallons. Edgewater may adjust the rate to be charged. Notice of rate adjustment shall be provided
by July 15 for enactment on the following October 1. The level of any rate adjustment shall not
exceed 5% per year for any period since the prior adjustment.
8. Treatment of Wastewater. County agrees to supply and make available to
Edgewater, upon commencement of the term and payment to County of the required impact fee, up
to .20 MGD of wastewater capacity to Edgewater during the term of this agreement. Edgewater
agrees to a rate of four dollars and fifty cents ($4.50) per gallon for Reserved Capacity. County and
-5-
Edgewater agree the parties will exchange wastewater capacity for water capacity based on the per
gallon charge Reserved Capacity of not less than 155,555 gallons will be provided to Edgewater
through an exchange for water capacity and Edgewater will direct average daily flows not less than
140,000 gallons to the County wastewater treatment facility at such time as the County regional
wastewater treatment facility commences operation. The County will provide Edgewater with 6
months notice of the anticipated commencement date. The parties agree that the daily and monthly
wastewater demand may vary. Edgewater shall be billed on a monthly basis based on actual
consumption but not less than the amount of its Reserved Capacity.
9. Wastewater Rates. The rates to be charged for wastewater treatment and disposal
supplied to Edgewater by County shall be two dollars ($2.00) per one thousand (1,000) gallons of
wastewater. County may adjust the rates to be charged. Notice of rate adjustment shall be provided
by July 15 for enactment on the following October 1. The level of any rate adjustment shall not
exceed 5% on an annualized basis.
10. Audit of Water Consumption. On or after the occurrence of each Anniversary Date,
Edgewater may audit County's consumption of water under this agreement by calculating the
Cumulative Daily Average as of the most recent Anniversary Date. If the Cumulative Daily Average
so computed exceeds the Reserved Water Capacity, then Edgewater shall provide County with notice
to that effect. Edgewater may elect, at its discretion, one of the following options on or after the
Notice Date:
10.1 Edgewater may provide no additional water capacity.
10.2 Edgewater may elect to increase the Reserved Water Capacity to at a minimum
equal the Cumulative Daily Average so computed, and the increased amount shall become the
Revised Reserved Water Capacity and County shall pay for Reserved Water Capacity at a rate of four
dollars ($4.00) per gallon.
-6-
11. Audit of Wastewater Demand. On or after the occurrence of each anniversary date,
County may audit Edgewater's wastewater demand under this agreement by calculating the
Cumulative Daily Average as of the most recent Anniversary Date. If the Cumulative Daily Average
so computed exceeds the Reserved Wastewater Capacity then County shall provide Edgewater with
notice to that effect and County may elect, at its discretion, one of the following options on or after
the Notice Date:
11.1 County may provide no additional wastewater capacity.
11.2 County may elect to increase the Reserved Wastewater Capacity to at a
minimum equal the Cumulative Daily Average so computed, and the increased amount shall become
the Revised Reserved Wastewater Capacity and Edgewater shall pay for additional reserved
wastewater capacity at a rate of four dollars and fifty cents ($4.50) per gallon.
12. Ownership and Maintenance. Edgewater shall retain ownership and maintenance
responsibilities for that portion of the water system north of the interconnection and for the master
meter for water sold to the County. County shall retain ownership and maintenance responsibilities
for that portion of the water system south of the interconnection and for the master meter for
wastewater flows sent to the County. The wastewater master meter will be located adjacent to the
Hacienda del Rio community. County shall retain ownership and general maintenance responsibility
for the customer meters and associated piping, however, Edgewater and the County shall have mutual
unlimited access to the master meters, all meter readings and test records. Edgewater specifically
agrees to maintain the potable water meters in good working order and accuracy in accordance with
applicable AWWA standards so as to accurately measure any water transferred between the two
systems.
13. Duration. The duration of this agreement for purposes of the sale and purchase of
water service by County and the sale and purchase of wastewater service by Edgewater, shall be the
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Term of the agreement as provided in Section 2.12. Notwithstanding any provision to the contrary,
Edgewater or County upon written notice of not less than 36 months in advance may terminate this
agreement.
13.1 Termination of the agreement shall not effect ownership of Reserved Capacity.
Reserved Capacity may be returned to the service provider based on agreement between the parties.
13.2 Termination of service provision shall not effect the receipt of service under
the terms of this agreement.
14. Option to Extend Term. Edgewater and the County shall have the option to extend
the Term of this agreement in perpetuity. In order to exercise this option, both parties must (i) agree
and acknowledge in writing their intention to exercise that option no later than the seventeenth (17
Anniversary Date, (ii) pay the Impact Fee required by this agreement, and (iii) not be in default of any
provision of this agreement.
15. Service Standards. Edgewater and County shall operate and maintain their respective
water supply, water treatment and distribution systems and render efficient service in accordance with
the regulations of this agreement and the Florida Department of Environmental Protection, or any
other governmental agency having jurisdiction thereof. Edgewater and County shall operate and
maintain their respective wastewater treatment, collection and disposal systems and render efficient
service in accordance with the regulations of the agreement and the Florida Department of
Environmental Protection, or any other governmental agency having jurisdiction.
16. No Contest of Permit Application. Edgewater and/or County shall not contest,
oppose, impede or interfere with any Permit application filed by Edgewater and/or County.
17. Indemnification.
17.1 Edgewater agrees that they will indemnify and hold harmless County to the
extent permitted by law, from any and all liability, claims, damages, expenses, proceedings and causes
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of action of any kind and/or nature, including reasonable attorney's fees, arising out of or caused by
the negligence or intentional misconduct of Edgewater, including its employees and agents, in
connection with the management, control, use, operation, maintenance or repair of Edgewater's Water
and Wastewater System, provided, however, nothing herein shall be construed as a waiver of
sovereign immunity or other limitations imposed by Florida Statutes Section 768.28.
17.2 County agrees that it will indemnify and hold harmless Edgewater to the extent
permitted by law, from any and all liability, claims, damages, expenses, proceedings and causes of
action of any kind and/or nature, including reasonable attorney's fees, arising out of or caused by the
negligence or intentional misconduct of County, including its employees and agents, in connection
with the management, control, use, operation, maintenance or repair of County's Water and
Wastewater System, provided, however, nothing herein shall be construed as a waiver of sovereign
immunity or other limitations imposed by Florida Statutes Section 768.28.
18. Notices. All notices required pursuant to this agreement shall be in writing, and shall
be delivered to the parties by United States Mail, postage prepaid, as follows"
Lawrence W. Arrington
County Manager
County of Volusia
123 W. Indian Avenue
DeLand, Florida 32720
Kenneth R. Hooper
City Manager
City of Edgewater
102 N. Riverside Drive
Edgewater, Florida 32132
19. Severability. If any section, subsection, sentence, clause, phase or portion of this
agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision of such holding, and such
holding shall not affect the validity of the remaining portions hereof.
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20. Attorney's Fees. In the event of any litigation arising out of this agreement, the
prevailing party shall be entitled to an award of its reasonable attorney's fees and court costs incurred
in such action.
21. Entirety. This agreement represents the entire understanding of the parties hereto.
Any amendments shall be in writing and signed by both parties.
22. Applicable Law. The laws of the State of Florida shall govern the validity,
interpretation, construction and performance of this agreement. Venue for any suit involving this
agreement shall be in Volusia County, Florida.
23. Waiver. Unless otherwise specifically provided by the terms to this agreement, no
delay or failure to exercise a right resulting from any breach of this agreement shall impair such right
or shall be construed to be a waiver thereof, but such right may be exercised from time to time and
as often as may be deemed expedient. Any waiver shall be in writing and signed by the party granting
such waiver. If any representation, warranty or covenant contained in this agreement is breached by
any party and thereunder waived by the other party, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waiver, wither expressly or impliedly, any other breach
of this agreement.
24. Reservation of Capacity. This agreement shall not be construed to give rise to nor
shall there be reservation of water capacity or wastewater capacity over and above the Reserved water
and/or wastewater capacity for which all Impact Fees due and payable under this agreement have been
fully paid or for any period existing beyond the Term of this agreement.
25. Termination of Agreement. In the event this agreement is terminated pursuant to any
provision of this agreement, or at the end of the Term, both parties shall take all steps that are
reasonably necessary to insure no further use of the other party's water service and/or wastewater
service is made.
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26. Effective Date. This agreement shall be effective upon approval by the governing
bodies of Edgewater and the County and shall supersede the agreement for wholesale water services
dated May 30, 1996.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
below.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth, C.M.C. Randy G. Allman
City Clerk Mayor
Dated:
APPROVED FOR FORM & CORRECTNESS:
Nikki Clayton
City Attorney
ATTEST: COUNTY COUNCIL
VOLUSIA COUNTY, FLORIDA
By:
Larry Arrington Patricia Northey
County Manager Chairman
Dated:
c:\ agreements\interlocal- water.899
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LAWRENC . CHUMAKER ib IOC':
CHIEF OF POLICE
TO: Kenneth R. Hooper, City Manager
FROM: Lawrence F. Schumaker, Chief of Police t .
DATE: August 31,1999
SUBJECT: Request for $1500.00 from the Southeast Volusia Humane Society
1. Enclosed please find a request from Mary Lee Cook, accountant for
S.E. Volusia Humane Society for Fifteen hundred dollars ($1500) to
cover the cost of an unexpected charge for the testing of the
crematorium.
2. Respectfully request the City of Edgewater consider this request and
forward a check in the requested amount. I see no other possible
options available. The closing of the crematorium is not a solution.
3. If approved I will have a "P.O." made out in the amount to cover this
expense.
•
'IJ]jl_ r '11QQ rio PHONE 904 - 345 -3793
c AccuunIzrnt
ENROLLED TO PRACTICE 222 W. ARIEL ROAD
BEFORE THE INTERNAL REVENUE SERVICE EDGEWATER, FL 32141
August 28, 1999
City of Edgewater
Animal Control
P. 0. Box 100
Edgewater, F1 32132
As accountant for the S.E. Volusia Humane Society, I have been
requested to write this letter to you, by our president,Norman
Schlemmer.
Five years ago we replaced our old crematorium with a new one
which cost us over $ 30,000.00. Since that time we have been
•
able to pay off this note.
Now we find that we are faced with a $ 6,000.00 bill, which will
apparently occur every five years from now on. This fee is for
testing: the crematorium to be sure we are not polluting the
atmosphere.
Apparently there are only two companies in the state of Fla.
authorized to do this testing, so we can not look for competitive
bids, and if it is not done by Sept. 15th, the state will shut
down the crematorium. Besides the fee charged, we also have to
furnish the scaffolding to the smokestack, for them to climb to
test the smoke.
Since we were unaware of this charge, we did not budget for it.
We recently spent $ 13000.00 to build an air - conditioned room to
house all of the cats, and when PetsMart gave us $ 10,000.00 toward
a new van, we spent another $ 5,000.00 to get a large enough van
to accomodate the cages.
In short, we have blown our ready reserves. In this light, we are
respectfully requesting a one time donation of $ 1500.00 from our
four major contracts: Deltona, Volusia County, City of New
Smyrna Beach, and Edgewater, to cover this emergency.
Yours consideration of this request will be greatly appreciated.
•u
Lee ook,Accountant
for S.E. olusia Humane Society
MLC /sf
cc: N. Schlemmer