08-20-2012 Voting Order
Councilwoman Bennington
Councilman Ignasiak
Councilman Emter
Mayor Thomas
Councilman Kennedy
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
AUGUST 20,2012
6:00 P.M.
COUNCIL CHAMBERS
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROVAL OF MINUTES
a. Regular Meeting—July 16, 2012
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. Commander Chris Fisher of the American Veterans Post 2 to present the Firefighter
and Police Officer of the Year Awards.
b. Mayor to Proclaim August 20-24, 2012 as Florida Water Professional Week.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Citizen
comments relating to any agenda matter may be made at the time the matter is before
Council. Please state your name and address, and please limit your comments to three (3)
minutes or less.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
6. CITY COUNCIL REPORTS
7. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City Council and
will be acted upon by one motion. There will be no separate discussion of these items unless
discussion is desired by a member of the Council, in which case the Mayor will remove that item
from the consent agenda and such item will be considered separately.
a. Request to accept the 2011 CERT (Community Emergency Response Team) grant
funds in the amount of$5,850.00 and authorization for the City Manager to execute
the acceptance letter and subgrant agreement.
City Council Agenda
August 20,2012
Page-2-
8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS
a. 2nd Reading — Ordinance No. 2012-0-06: An amendment to Articles II
(Definitions), VI (Signs), XVIII (Indian River Boulevard — S.R. 442 Corridor Design
Regulation) and XX (Ridgewood Avenue Corridor Design Regulation) of the Land
Development Code.
b. 2nd Reading — Ordinance No. 2012-0-07: An amendment to Article III (Permitted,
Conditional, Accessory and Prohibited Uses), Section 21-63.03 (Outdoor Storage and
Display: Commercial/Industrial) of the Land Development Code.
9. BOARD APPOINTMENTS —None at this time
10. OTHER BUSINESS
a. Award of the contract for construction of the Wastewater Treatment Plant Renewal
and Replacement project to Brandes Design-Build Inc. and authorization for the City
Manager to execute said contract contingent upon funding approval by FDEP Bureau
of Water Facilities Funding and approval of the associated budget amendment.
b. Approval of the Work Order and Purchase Order to Quentin L. Hampton Associates,
Inc. for technical services during the construction and performance /warranty period
for the Wastewater Treatment Plan Renewal and Replacement project in the amount
not to exceed $431,600 and approval of the necessary budget amendment.
11. OFFICER REPORTS
a. City Clerk
b. City Attorney
c. City Manager
12. CITIZEN COMMENTS
13. ADJOURN
The next City Council meeting will be held on September 10,2012.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a
meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is
made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should
contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the
meeting date. If you are hearing or voice impaired,contact the relay operator at 1-800-955-8771.
!o
AGENDA REQUEST
Federal Grant No: 2011-SS-00067
Date: July 18, 2012
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT August 20, 2012 BUSINESS
ITEM DESCRIPTION:
2011 Community Emergency Response Team (CERT)Grant
BACKGROUND:
CERT grant provides funds to the Fire Department for the promotion,training,and equipment needed to establish a Community
Emergency Response Team program with New Smyrna Beach High School students. This CERT program will reestablish the
Edgewater Fire Rescue name within the high school and allows for students to receive invaluable crisis training. Funds will be
used to conduct classroom training sessions, practical (hands on training) and drills. Funds will also be used to purchase
books, backpacks with CERT equipment.
Attachments:
Acceptance Letter
Subgrant Agreement
STAFF RECOMMENDATION:
Staff recommends approval of the acceptance letter and subgrant agreement with the State of Florida Division of Emergency
for the 2011 CERT grant funds.
ACTION REQUESTED:
Motion to accept the 2011 CERT grant funds in the amount of$5,850.00 and authorize the City Manager to execute the
acceptance letter and subgrant agreement.
FINANCIAL IMPACT:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES X NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: N/A AGENDA ITEM# N/A
Respectfully submitted, Concurrence:
t".7 -0berCD&dUeN_,k..)
Stephen Cousins Robin L. Matusick
Fire Chief Paralegal de/6(AI q j.(1 4_MAL/
Malfcia J. N. Harris Tracey PrZarlow
Grants/Projec oordinator City anager
Ir L
JorMcKinney
Fi ance Director
s`.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT BRYAN W.KOON
Governor Director
November 18, 2011
SUBGRANTEE: Edgewater Fire Rescue
ISSUE NUMBER PROJECT TITLE FINAL ALLOCATION
36 Community Emergency Response Team $5,850.00
GRANT PERIOD: October 1, 2011 - April 30, 2014 AWARD TOTAL: $5,850.00
FEDERAL GRANT NO: 2011-SS-00067 STATE GRANT NO: Provided Upon Execution
In accordance with the provisions of Federal Fiscal Year 2011 Homeland Security Grant
Program, the Florida Division of Emergency Management hereby awards to the foregoing
Subgrantee a grant in the amount shown above.
Payment of Funds: The Award Letter must be signed by the Official Authorized to Sign in
the space below and the original returned to the Florida Division of Emergency
Management before execution of your agreement. The subgrantee should not expend any
funds until they receive a fully executed agreement from the Florida Division of Emergency
Management and all Special Conditions are satisfied. Grant funds will be disbursed to
subgrantees (according to the approved project budget) upon receipt of evidence that items
have been invoiced, deliverables have been received and that funds have been expended
(i.e., invoices, contracts, itemized expenses, canceled checks, etc.).
Supplantation: The Act requires that subgrantees provide assurance that subgrant funds
will not be used to supplant or replace local or state funds or other resources that would
otherwise have been available for homeland security activities. In compliance with that
mandate, I certify that the receipt of federal funds through Florida Division of Emergency
Management shall in no way supplant or replace state or local funds or other resources that
would have been made available for homeland security activities.
Conditions: I certify that I understand and agree that funds will only be expended for
those projects outlined in the funding amounts as individually listed above. I also
certify that I understand and agree to comply with the general and fiscal terms and
conditions of the grant including special conditions; to comply with provisions of the Act
governing these funds and all other federal laws; that all information is correct; that there
has been appropriate coordination with affected agencies; that I am duly authorized to
commit the applicant to these requirements; and that all agencies involved with this project
understand that all federal funds are limited to a thirty month (30) period.
FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER
5900 Lake Ellenor Drive 2555 Shumard Oak Boulevard 2702 Directors Row
Orlando, FL 32809-4634 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
Tel: 850-413-9969 • Fax: 850-488-1016
www.FloridaDisaster.orq
SPECIAL CONDITIONS
Article I — Financial Guidelines
1. The grantee and any subgrantee shall comply with the most recent version of the
Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive
list of regulations commonly applicable to DHS grants are listed below:
A. Administrative Requirements
1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations (OMB Circular A-110)
3. 44 CFR Part 10, Environmental Considerations
B. Cost Principles
1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments
(OMB Circular A-87)
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)
3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-
122)
4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with
Commercial Organizations
C. Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations
Article II — Prohibition on Using Federal Funds
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written approval
of FEMA.
Article Ill — Compliance with Program Guidance
The recipient agrees that all allocations and use of funds under this grant will be in
accordance with the FY 2011 Homeland Security Grant Program (HSGP) guidance and
application kit.
Article IV— Financial Reports (FDEM Form 1 & 2) Required Quarterly
The recipient shall submit the Financial Report (FDEM Form 1 & 2) within 30 days of the
end of the first Federal quarter covering the grant period of performance. The recipient
shall submit quarterly reports thereafter until the grant ends and final payment is received.
Reports are due on January 31, April 30, July 31 and October 30. A report must be
submitted for every quarter of the period of performance, including partial calendar
quarters, as well as for periods where no grant activity occurs. Future reimbursement
requests may be withheld if these reports are delinquent. The Close-Out Report (FDEM
Form 5) is due within sixty (60) days after the end date of the performance period.
Article V—Acceptance of Post Award Changes
In the event that FEMA determines that changes are necessary to the award document
after an award has been made, including changes to period of performance or terms and
conditions, recipients will be notified of the changes in writing. Once notification has been
made, any subsequent request for funds will indicate recipient acceptance of the changes
to the award.
Article VI —Trafficking In Persons
A. Provision applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not:
a. Engage in severe forms of trafficking in persons during the period of time
that the award is in effect;
b. Procure a commercial sex act during the period of time that the award is in
effect; or
c. Use forced labor in the performance of the award or subawards under the
award.
2. We, as the State awarding agency, may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity:
a. Is determined to have violated a prohibition in paragraph A.1 of this award
term; or
b. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph A.1 of this
award term through conduct that is either:
i Associated with performance under this award; or
ii Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization
that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Non-procurement)," as
implemented by our agency at 2 CFR Part 3000.
B. Provisions applicable to a recipient other than a private entity. We as the
Federal warding agency may unilaterally terminate this award, without penalty,
if a subrecipient that is a private entity:
1. Is determined to have violated a prohibition in paragraph A.1 of this award
term; or
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph A.1 of this
award term through conduct that is either:
a. Associated with performance under this award; or
b. Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided
in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide
Debarment and Suspension (Non-procurement)," as implemented by our
agency at 2 CFR Part 3000.
C. Provision applicable to any recipient.
1. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph A.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this
section:
a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
b. Is in addition to all other remedies for noncomplicance that are available to
us under this award.
3. You must include the requirements of paragraph A.1 of this award term in any
subaward you make to a private entity.
D. Definitions. For purposes of this award term:
1. "Employee" means either:
a. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
b. Another person engaged in the performance of the project or program
under this award and not compensated by you including, but not limited to,
a volunteer or individual whose services are contributed by a third party as
an in-kind contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose
of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity" means:
a. Any entity other than a State, local government, Indian Tribe, or foreign
public entity, as those terms are, defined in 2 CFR 175.25.
b. Includes:
i. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in
the definition of Indian Tribe at 2 CFR 175.25(b).
ii. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion"
have the meanings given at section 103 of the TVPA, as amended (22U.S.C.
7102).
Article VII —Classified Security Condition
A. "Classified national security information," as defined in Executive Order (E0)
12958, as amended, means information that has been determined pursuant to
EO 12958 or any predecessor order to require protection against unauthorized
disclosure and is marked to indicate its classified status when in documentary
form.
B. No funding under this award shall be used to support a contract, subaward, or
other agreement for goods or services that will include access to classified
national security information if the award recipient has not been approved for and
has access to such information.
C. Where an award recipient has been approved for and has access to classified
national security information, no funding under this award shall be used to
support a contract, subaward, or other agreement for goods or services that will
include access to classified national security information by the contractor,
subawardee, or other entity without prior written approval from the OHS Office of
Security, Industrial Security Program Branch (ISPB), or, an appropriate official
within the Federal department or agency with whom the classified effort will be
performed.
D. Such contracts, subawards, or other agreements shall be processed and
administered in accordance with the DHS "Standard Operating Procedures,
Classified Contracting by States and Local Entities," dated July 7, 2008; EOs
12829, 12958, 12968, as amended; the National Industrial Security Program
Operating Manual (NISPOM); and/or other applicable implementing directives or
instructions. All security requirement documents are located at:
http://www.dhs.gov/xopnbix/qrants/index.shtm
E. Immediately upon determination by the award recipient that funding under this
award will be used to support such a contract, subaward, or other agreement,
and prior to execution of any actions to facilitate the acquisition of such a
contract, subaward, or other agreement, the award recipient shall contact ISPB,
or the applicable Federal department or agency, for approval and processing
instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdministrativeSecurity(c�dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
Article VIII —Central Contractor Registration and Universal Identifier Requirements
A. Requirement for Central Contractor Registration (CCR)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the
recipient must maintain the currency of your information in the CCR until you submit the
final financial report required under this award or receive the final payment, whichever is
later. This requires that applicants and recipients review and update the information at
least annually after the initial registration, and more frequently if required by changes in
your information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) Numbers
If recipients are authorized to make subawards under this award, they:
1. Must notify potential subrecipients that no entity (see definition in paragraph C
of this award term) may receive a subaward from you unless the entity has
provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its
DUNS number to you.
C. Definitions
For purposes of this award term:
1. Central Contractor Registration (CCR) means the Federal repository into
which an entity must provide information required for the conduct of business
as a recipient. Additional information about registration procedures may be
found at the CCR Internet site (currently at http://www.ccr.gov).
2. Data Universal Numbering System (DUNS) number means the nine digit
number established and assigned by Dun and Bradstreet, Inc. (D&B) to
uniquely identify business entities. A DUNS number may be obtained from
D&B by telephone (currently 866-705-5711) or the internet (currently at
http://fedqov.ndb.com/webform).
3. Entity, as it is used in this award term, means all of the following, as defined
at 2 CFR part 25, subpart C:
a. A Governmental organization, which is State, local government or
Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a sub recipient under an award or
subaward to a non-Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award
to an eligible subrecipient.
b. The term does not include your procurement of property and
services needed to carry out the project or program (for further
explanation, see Sec.----.210 of the attachment to OMB Circular A-
133, "Audits of States, Local Governments, and Non-Profit
Organizations").
c. A subaward may be provided through any legal agreement,
including an agreement that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by
the subaward.
Article IX— Reporting Subawards and Executive Compensation
A. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award
term, you must report each action that obligates $25,000 or more in Federal
funds that does not include Recovery funds (as defined in section 1512(a)(2)
of the American Recovery and Reinvestment Act of 2009, Pub. L 111-5) for a
subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
a. You must report each obligating action described in paragraph a.1. of this
award term to http://www.fsrs.qov.
b. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example, if the
obligation was made on November 7, 2010, the obligation must be
reported no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action
that the submission instructions at http://www.fsrs.qov specify.
B. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if-
a. the total Federal funding authorized to date under this award is $25,000 or
more;
b. in the preceding fiscal year, your received-
i. 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
c. The public does not have access to information about the compensation of
the executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
section 6104 of the Internal Revenue Code of 1986. (To determine if the
public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm)
2. Where and when to report. You must report executive total compensation
described in paragraph b.1. of this award term:
a. As part of your registration profile at http://www.ccr.qov.
b. By the end of the month following the month in which this award is made,
and annually thereafter.
C. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph
d. of this award term, for each first-tier subrecipient under this award, you shall
report the names and total compensation of each of the subrecipient's five most
highly compensated executives for the subrecipient's preceding completed fiscal
year, if-
a. In the subrecipient's preceding fiscal year, the subrecipient received-
i. 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
b. The public does not have access to information about the compensation of
the executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or
section 6104 of the Internal Revenue Code of 1986. (To determine if the
public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm)
2. Where and when to report. You must report executive total compensation
described in paragraph c.1. of this award term:
a. To the recipient.
b. By the end of the month following the month during which you make the
subaward. For example, if a subaward is obligated on any date during the
month of October of a given year (i.e., between October 1 and 31), you
must report any required compensation information of the subrecipient by
November 30 of that year.
D. Exemptions
1. If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of
any subrecipient.
E. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
a. A Governmental organization, which is State, local government or
Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a sub recipient under an award or
subaward to a non-Federal entity.
2. Executive means officers, managing partners, or any other employees in
management positions.
3. Subaward:
a. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award
to an eligible subrecipient.
b. The term does not include your procurement of property and
services needed to carry out the project or program (for further
explanation, see Sec. .210 of the attachment to OMB Circular A-
133, "Audits of States, Local Governments, and Non-Profit
Organizations").
c. A subaward may be provided through any legal agreement,
including an agreement that you or a subrecipient considers a
contract.
4. Subrecipient means an entity that:
a. Receives a subaward from you (the recipient) under this award;
and
b. Is accountable to you for the use of the Federal funds provided by
the subaward.
5. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
a. Salary and bonus.
b. Awards of stock, stock options, and stock appreciation rights. Use
the dollar amount recognized for financial statement reporting
purposes with respect to the fiscal year in accordance with the
Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
c. Earnings for services under non-equity incentive plans. This does
not include group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of executives,
and are available generally to all salaried employees.
d. Change in pension value. This is the change in present value of
defined benefit and actuarial pension plans.
e. Above-market earning on deferred compensation which is not tax-
qualified.
f. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property)
for the executive exceeds $10,000.
Article X—Summary Description of Project
The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs
related to preparedness activities associated with implementing the State Homeland
Security Strategy, any respective Urban Area Security Strategies, and the investments
identified during the application period. The HSGP consists of the State Homeland Security
Program (SHSP), the Urban Area Security Initiative (UASI), the Citizen Corps Program
(CCP), the Metropolitan Medical Response System (MMRS) program, and Operation
Stonegarden (OPSG). Together, these programs provide an integrated mechanism to
enhance the coordination of National Priority efforts to prevent, respond to, and recover
from terrorist attacks, major disasters and other emergencies.
Article XI — National Environmental Policy Act (NEPA)
The recipient shall comply with all applicable Federal, State, and local environment and
historic preservation (EHP) requirements and shall provide any information requested by
FEMA to ensure compliance with applicable laws including: National Environmental Policy
Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on
Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the
recipient to meet Federal, State, and local EHP requirements and obtain applicable permits
may jeopardize Federal funding. Recipient shall not undertake any project having the
potential to impact Environmental or Historical Preservation (EHP) resources without the
prior approval of FEMA, including but not limited to communication towers, physical
security enhancements, new construction, and modifications to buildings that are 50 years
old or greater. Recipient must comply with all conditions placed on the project as the result
of the EHP review. Any change to the approved project scope of work will require re-
evaluation for compliance with these EHP requirements. If ground disturbing activities
occur during project implementation, the recipient must ensure monitoring of ground
disturbance, and if any potential archeological resources are discovered, the recipient will
immediately cease construction in that area and notify FEMA and the appropriate State
Historic Preservation Office. Any construction activities that have been initiated prior to the
full EHP review could result in a non-compliance finding. For your convenience, here is the
screening form link: (The Screening Form is available at:
(www.fema.gov/doc/qovernment/qrant/bulletins/info329 final screening memo.doc). For
these types of projects, grantees must complete the FEMA EHP Screening Form (OMB
Number 1660-0115/FEMA Form 024-0-01) and submit it, will all supporting documentation,
to their respective FDEM grant manager for review. Grantees should submit the FEMA
EHP Screening Form for each project as soon as possible upon receiving their grant
award.
ACCEPTANCE FOR THE SUBGRANTEE:
Signature of Official Authorized to Sign Signature of State Administrative
for Grantee Agency
Date Date
Contract Number:12-CI-24-06-74-02-
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida(hereinafter referred to as the "Division"),
and Edgewater Fire Rescue(hereinafter referred to as the"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions below;and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope
of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and
Federal laws, rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties or October 1, 2011,
whichever is later, and shall end April 30, 2014, unless terminated earlier in accordance with the
provisions of Paragraph (12)of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement.
Changes which are agreed upon shall be valid only when in writing, signed by each of the parties,
and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be
subject to the federal OMB Circular No. A-102, "Common Rule: Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments"(53
Federal Register 8034)or OMB Circular No. A-110, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations,"and either OMB Circular No. A-87, "Cost Principles for State, Local and Indian
Tribal Governments,"OMB Circular No. A-21, "Cost Principles for Educational Institutions,"or
OMB Circular No. A-122, "Cost Principles for Non-profit Organizations."
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(b) The Recipient shall retain sufficient records to show its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds
under this Agreement,for a period of five years from the date the audit report is issued, and shall
allow the Division or its designee, the State Chief Financial Officer or the State Auditor General
access to the records upon request. The Recipient shall ensure that audit working papers are
available to them upon request for a period of five years from the date the audit report is issued,
unless extended in writing by the Division. The five year period may be extended for the following
exceptions:
1. If any litigation, claim or audit is started before the five year period
expires, and extends beyond the five year period, the records shall be retained until all litigation,
claims or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property
valued at$5,000 or more at the time it is acquired shall be retained for five years after final
disposition.
3. Records relating to real property acquired shall be retained for five
years after the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives of the Budget and Scope of Work-Attachment A-and all other
applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or
consultants to be paid from funds provided under this Agreement, shall allow access to its
records at reasonable times to the Division, its employees, and agents. "Reasonable"shall
ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday. "Agents"shall include, but not be limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to account for the
receipt and expenditure of funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review,
or audit by state personnel and other personnel authorized by the Division. "Reasonable"shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through
Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000
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or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific
audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1
to this Agreement shows the Federal resources awarded through the Division by this Agreement.
In determining the Federal awards expended in its fiscal year, the Recipient shall consider all
sources of Federal awards, including Federal resources received from the Division. The
determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-
133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6(d)above, the
Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of
OMB Circular A-133, as revised.
If the Recipient expends less than$500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required.
In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year
and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, the cost of the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with
OMB Circular A-133, as revised, and required by subparagraph (d)above, when required by
Section .320(d), OMB Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse
by submission online at
http://harvester.census.qov/fac/collect/ddeindex.html
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (f), OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient
shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as
revised, and any management letter issued by the auditor, to the Division at the following
address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information
required to be submitted to the Division pursuant to this Agreement in accordance with OMB
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Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to
the Recipient when submitting financial reporting packages to the Division for audits done in
accordance with OMB Circular A-133 or Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent
in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty days after the Division has notified the
Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified
public accountant(IPA), either a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions
noted above. The audit must be received by the Division no later than nine months from the end
of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-
out report. These reports shall include the current status and progress by the Recipient and all
subrecipients and subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the
Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end
of each quarter of the program year and shall be sent each quarter until submission of the
administrative close-out report. The ending dates for each quarter of the program year are March
31, June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60
days after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not
completed in a manner acceptable to the Division, the Division may withhold further payments
until they are completed or may take other action as stated in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the
Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that
may be required by the Division.
(f) The Recipient shall provide additional reports and information identified in
Attachment
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D.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are
being accomplished within the specified time periods, and other performance goals are being
achieved. A review shall be done for each function or activity in Attachment A to this Agreement,
and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6)above,
monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited
scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Division. In the event that the
Division determines that a limited scope audit of the Recipient is appropriate, the Recipient
agrees to comply with any additional instructions provided by the Division to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Recipient throughout the contract term to ensure timely completion of all
tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section
768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the
terms of this Agreement, and shall hold the Division harmless against all claims of whatever
nature by third parties arising from the work performance under this Agreement. For purposes of
this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an
independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section
768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions
which result in claims or suits against the Division, and agrees to be liable for any damages
proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat.
Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which
sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any
contract.
(10) DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the
part of the Division to make further payment of funds shall, if the Division elects, terminate and
the Division has the option to exercise any of its remedies set forth in Paragraph (11). However,
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the Division may make payments or partial payments after any Events of Default without waiving
the right to exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or
any previous agreement with the Division is or becomes false or misleading in any respect, or if
the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement
or any previous agreement with the Division and has not cured them in timely fashion, or is
unable or unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient
at any time during the term of this Agreement and the Recipient fails to cure this adverse change
within thirty days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the
Division or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its
obligations under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days
written notice to the Recipient and upon the Recipient's failure to cure within those thirty days,
exercise any one or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the
United States,first class mail, postage prepaid, by registered or certified mail-return receipt
requested, to the address in paragraph (13)herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for
ineligible purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be
taken if the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing
any other remedies in this Agreement or provided at law or in equity. If the Division waives any
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right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not
affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the
same right or remedy by the Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written
notice. Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws
and regulations, failure to perform on time, and refusal by the Recipient to permit public access to
any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat.,
as amended.
(b) The Division may terminate this Agreement for convenience or when it
determines, in its sole discretion, that continuing the Agreement would not produce beneficial
results in line with the further expenditure of funds, by providing the Recipient with thirty calendar
days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual
convenience through a written amendment of this Agreement. The amendment will state the
effective date of the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the
notification of termination. The Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not
be relieved of liability to the Division because of any breach of Agreement by the Recipient. The
Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose
of set-off until the exact amount of damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requested, to the representative
named below, at the address below, and this notification attached to the original of this
Agreement.
(b) The name and address of the Division contract manager for this Agreement
is:
Nikki Hines
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone:50-413-9894
Email:nikki.hines @em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for
the administration of this Agreement is:
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Malecia Harris
P. 0. Box 100
Edgewater, FL 32132
Telephone: 386-424-2486
Fax: 386-424-2416
Email:mharris@cityofedgewater.org
(d) In the event that different representatives or addresses are designated by
either party after execution of this Agreement, notice of the name, title and address of the new
representative will be provided as outlined in(13)(a)above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of
the unsigned subcontract must be forwarded to the Division for review and approval before it is
executed by the Recipient. The Recipient agrees to include in the subcontract that(i)the
subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all
applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the
Division and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by
law. The Recipient shall document in the quarterly report the subcontractor's progress in
performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla.
Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the
extent of the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A—Budget and Scope of Work
Attachment B—Program Statutes, Regulations and Special Conditions
Attachment C—Justification of Advance Payment
Attachment D—Warranties and Representations
Attachment E—Certification Regarding Debarment
Attachment F --Statement of Assurances
Attachment G— Reimbursement Checklist
(17) FUNDING/CONSIDERATION
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(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed
for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$5,850.00, subject to the availability of funds. Attachment I specifies the required documentation
needed when submitting for cost reimbursement under this agreement.
(b) Any advance payment under this Agreement is subject to Section
216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the
Division under Paragraph (12)(b)of this Agreement. The amount which may be advanced may
not exceed the expected cash needs of the Recipient within the first three(3) months of the
contract term. For a federally funded contract, any advance payment is also subject to federal
OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. All
advances are required to be held in an interest-bearing account. If an advance payment is
requested, the budget data on which the request is based and a justification statement shall be
included in this Agreement as Attachment E. Attachment E will specify the amount of advance
payment needed and provide an explanation of the necessity for and proposed use of these
funds. No advance shall be accepted for processing if a reimbursement has been paid prior to
the submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement
basis as needed. The Recipient agrees to expend funds in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a
statement signed and dated by an authorized representative of the Recipient certifying that"all
disbursements made in accordance with conditions of the Division agreement and payment is
due and has not been previously requested for these amounts." The supporting documentation
must comply with the documentation requirements of applicable OMB Circular Cost Principles.
The final invoice shall be submitted within sixty(60)days after the expiration date of the
agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices
shall be submitted to the Division contract manager as part of the Recipient's quarterly reporting
as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by
the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (19)(h)of this Agreement, all obligations on the part of
the Division to make any further payment of funds shall terminate, and the Recipient shall submit
its closeout report within thirty days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management", and mailed directly to the following
address:
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Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the
Division for collection, Recipient shall pay the Division a service fee of$15.00 or 5%of the face
amount of the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this
Agreement, in any later submission or response to a Division request, or in any submission or
response to fulfill the requirements of this Agreement. All of said information, representations,
and materials is incorporated by reference.Additional special conditions are listed on Attachment
B. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and
the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida,
and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon
County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be
severable, but shall not invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms
of this Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act
(Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public
and private entities on the basis of disability in employment, public accommodations,
transportation, State and local government services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may
not transact business with any public entity in excess of$25,000.00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its
knowledge and belief, that it and its principals:
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1. are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal department or
agency;
2. have not, within a five-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public(federal, state or local)
transaction or contract under public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft,forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by
a governmental entity(federal, state or local)with commission of any offenses enumerated in
paragraph 19(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one
or more public transactions (federal, state or local)terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
In addition,the Recipient shall send to the Division (by email or by facsimile
transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility
And Voluntary Exclusion"(Attachment G)for each intended subcontractor which
Recipient plans to fund under this Agreement. The form must be received by the Division
before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature, and subject to any
modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section
112.061, Fla. Stat. The provisions of any special or local law, present or future, shall prevail over
any conflicting provisions in this section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the
Recipient refuses to allow public access to all documents, papers, letters or other material subject
to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this
Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under
this Agreement, any interest income shall either be returned to the Division or be applied against
the Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to
any contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the
Page 11 of 52
Immigration and Nationality Act("INA")]. The Division shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the
Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds
for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law
(Section 286.011, Fla. Stat.)with respect to the meetings of the Recipient's governing board or
the meetings of any subcommittee making recommendations to the governing board. All of these
meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be
public records, available to the public in accordance with Chapter 119, Fla. Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which
are acquired for public use under this Agreement must have been produced in the United States
as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in
cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of
his or her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the Recipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying
Activities."
3. The Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
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Code. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE
RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement
provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected with it, the Recipient
shall refer the discovery or invention to the Division for a determination whether the State of
Florida will seek patent protection in its name. Any patent rights accruing under or in connection
with the performance of this Agreement are reserved to the State of Florida. If any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Division. Any copyrights accruing under or in connection with the performance under this
Agreement are transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose
all intellectual properties relating to the performance of this Agreement which he or she knows or
should know could give rise to a patent or copyright. The Recipient shall retain all rights and
entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will
indicate that no such property exists. The Division shall then, under Paragraph (b), have the right
to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under
this Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The Recipient also certifies that the undersigned person has the authority to legally
execute and bind Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment F.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Page 13 of 52
RECIPIENT:
EDGEWATER FIRE RESCUE
By:
Name and title:
Date:
FID# 59-6000314
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title: Bryan Koon, Director
Date:
Page 14 of 52
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER
THIS AGREEMENT:
NOTE:If the resources awarded to the Recipient are from more than one Federal program,
provide the same information shown below for each Federal program and show total Federal
resources awarded.
Federal Program
Federal agency: Homeland Security
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $ 5,850.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
List applicable compliance requirements as follows:
1. First applicable compliance requirement(e.g., what activities/services/purposes the
federal resources must be used for): Recipient is to use funding to perform the following eligible
activities as identified in the United States Department of Homeland Security, Federal Emergency
Management Agency, National Preparedness Directorate Fiscal Year 2011-12 State Homeland
Security Grant Program (SHSGP), consistent with the Department of Homeland Security State
Strategy.
2. Second applicable compliance requirement(e.g., eligibility requirements for recipients of
the resources: Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
Page 15 of 52
NOTE: Section .400(d)of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the Recipient.
Page 16 of 52
Attachment A
Budget and Scope of Work
SCOPE OF WORK MUST BE APPROVED BY LEGAL PRIOR TO SENDING EACH
AGREEMENT
TO THE RECIPIENT
Proposed Program Budget
4 Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to
utilize the"Proposed Program Budget"as a guide for completing the`Budget Detail Worksheet"below.
The transfer of funds between the categories listed in the"Proposed Program Budget"is permitted. However,the transfer
of funds between Issues is strictly prohibited.
At the discretion of the Recipient,funds allocated to Management and Administration costs(as described in the"Proposed
Program Budget")may be put towards Programmatic costs instead. However,no more than 3%of each Recipients'total
award may be expended on Management and Administration costs.
Planning $700.00
FY 2011-State Homeland Security Edgewater Fire Rescue Training $1,100.00
Grant Program—CERT
Issue 36 Exercise
$1,250.00
Equipment $1,800.00
Management and Administration(M&A)
(the dollar amount to the right which $1,000.00
corresponds to 3%of the total local agency
allocation is not in addition to total award,but is
the amount that should be deducted from total
award if M&A is used).
Page 17 of 52
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet,to the Division,which accounts for the total award amount
as described in the"Proposed Program Budget".
If any changes need to be made to the"Budget Detail Worksheet",after the execution of this agreement,contact the grant manager
listed in this agreement via email or letter.
Developing hazard/threat-specific annexes that
incorporate the range of prevention,protection,response, 1 100.00 100.00
and recovery activities
Developing and implementing homeland security support 1 100.00 100.00
programs and adopting ongoing DHS national initiatives
Developing related terrorism prevention activities 1 100.00 100.00
Developing and enhancing plans and protocols 2 100.00 200.00
Developing or conducting assessments 0 0 0
Hiring of full or part-time staff or contractors/consultants
to assist with planning activities(not for the purpose of o 0 0
hiring public safety personnel fulfilling traditional public
safety duties)
Conferences to facilitate planning activities 2 0 0
Materials required to conduct planning activities 5 20.00 100.00
Travel/per diem related to planning activities 0 0 0
Overtime and backfill costs—Payment of overtime
expenses will be for work performed by award(SAA)or
sub-award employees in excess of the established work 5 20.00 100.00
week(usually 40 hours)related to the planning activities
for the development and implementation of the programs
under HSGP.
Other projects areas with prior approval from FEMA 0 0 0
Activities to achieve planning inclusive of people with 1 0 0
disabilities
Overtime and backfill for emergency preparedness and
response personnel attending FEMA-sponsored and 40 25.00 1,000.00
approved training classes.
Overtime and backfill expenses for part-time and
volunteer emergency response personnel participating in 0 0 0
FEMA training
Training Workshops and Conferences 1 0 0
Activities to achieve training inclusive of people with 1 0 0
disabilities
Full or Part-Time Staff or Contractors/Consultants 0 0 0
Travel 0 0 0
Supplies 5 20.00 100.00
Tuition for higher education 0 0 0
Other items 0 0 0
Page 18 of 52
Design,Develop,Conduct and Evaluate an Exercise 0 0 0
Exercise Planning Workshop-Grant funds may be used
to plan and conduct an Exercise Planning Workshop to
include costs related to planning,meeting space and other 4 20.00 80.00
meeting costs,facilitation costs,materials and supplies,
travel and exercise plan development.
Full or Part-Time Staff or Contractors/Consultants-Full
or part-time staff may be hired to support exercise-related
activities.Payment of salaries and fringe benefits must be
in accordance with the policies of the state or local unit(s)
of government and have the approval of the state or the
awarding agency,whichever is applicable.The services of 0 0 0
contractors/consultants may also be procured to support
the design,development,conduct and evaluation of
CBRNE exercises.The applicant's formal written
procurement policy or the Federal Acquisition
Regulations(FAR)must be followed.
Overtime and backfill costs—Overtime and backfill costs,
including expenses for part-time and volunteer emergency 10 25.00 250.00
response personnel participating in FEMA exercises
Implementation of HSEEP 20 20.00 400.00
Activities to achieve exercises inclusive of people with 0 0 0
disabilities
Travel-Travel costs(i.e.,airfare,mileage,per diem,
hotel,etc.)are allowable as expenses by employees who
are on travel status for official business related to the
planning and conduct of the exercise project(s).These
costs must be in accordance with state law as highlighted
in the OJP Financial Guide.States must also follow state 0 0 0
regulations regarding travel.If a state or territory does not
have a travel policy they must follow federal guidelines
and rates,as explained in the OJP Financial Guide.For
further information on federal law pertaining to travel
costs please refer to http://www.ojp.usdoj.gov/FinGuide.
Supplies-Supplies are items that are expended or
consumed during the course of the planning and conduct
of the exercise project(s)(e.g.,copying paper,gloves, 50 10.40 520.00
tape,non-sterile masks,and disposable protective
equipment).
Other Items-These costs include the rental of
space/locations for exercise planning and conduct, 0 0 0
exercise signs badges etc
•
s� y,pw
•
11s
Personal Protective Equipment
e.g., 1.12.2.1,Covers.Outer Footwear 60 30.00 1,800.00
Page 19 of 52
CBRNE Operational Search and Rescue Equipment
0 0 0
Information Technology
0 0 0
Cyber Security Enhancement Equipment
0 0 0
Interoperable Communications Equipment
Medical
0 0 0
Power
0 0 0
CBRNE Logistical Support Equipment
0 0 0
Disability Access and Functional Needs
0 0 0
Other authorized equipment costs(include any construction or renovation costs in this category;Written
approval must be provided by FEMA prior to the use of any funds for construction or renovation)
0 0 0
Hiring of full-time or part-time staff or
contractors/consultants:
• To assist with the management of the
respective grant program 0 0 0
• To assist with application requirements
• To assist with compliance with reporting/data
collection requirements
Development of operating plans for information
collection and processing necessary to respond to 0 0 0
FEMA data calls.
Costs associated with achieving emergency
management that is inclusive of the access and 1 0 0
functional needs of workers and citizens with
disabilities
Page 20 of 52
Overtime and backfill costs—Overtime expenses are
defined as the result of personnel who worked over and
above their normal scheduled daily or weekly worked
time in the performance of FEMA—approved activities.
Backfill Costs also called"Overtime as Backfill"are
defined as expenses from the result of personnel who are
working overtime in order to perform the duties of other
personnel who are temporarily assigned to FEMA—
approved activities outside their core responsibilities.
Neither overtime nor backfill expenses are the result of an
increase of Full—Time Equivalent(FTEs)employees.
These costs are allowed only to the extent the payment for
such services is in accordance with the policies of the
state or unit(s)of local government and has the approval
of the state or the awarding agency,whichever is
applicable.In no case is dual compensation allowable.
That is,an employee of a unit of government may not
receive compensation from their unit or agency of 10 20.00 200.00
government AND from an award for a single period of
time(e.g.,1:00 pm to 5:00 pm),even though such work
may benefit both activities.Fringe benefits on overtime
hours are limited to Federal Insurance Contributions Act
(FICA),Workers'Compensation and Unemployment
Compensation.
Travel expenses 0 0 0
Meeting-related expenses(For a complete list of
allowable meeting-related expenses,please review the 0 0 0
OJP Financial Guide at
http://www.ojp.usdoj.gov/FinGuide).
Acquisition of authorized office equipment,including
personal computers,laptop computers,printers,LCD
projectors,and other equipment or software which may be 1 800.00 800.00
required to support the implementation of the homeland
security strategy.
The following are allowable only within the period of
performance:
• Recurring fees/charges associated with certain
equipment,such as cell phones,faxes,etc. 0 0 0
• Leasing and/or renting of space for newly hired
personnel
Page 21 of 52
B. Scope of Work
Funding is provided to perform eligible activities as identified in the Fiscal Year 2011 Homeland Security Grant Program,consistent
with the Department of Homeland Security State Strategy. The intent of this agreement is to complete the following approved
projects:
Issues and Project Description
Issue 36—Citizen Corps and Community Emergency Response Team(CERT)Program-The Citizen Corps mission is
to bring community and government leaders together to coordinate the involvement of community members and
organizations in emergency preparedness,planning,mitigation,response,and recovery.
The FY 2011 Citizen Corps Program(CCP)funds provide resources for States and local communities to:
• Bring together the appropriate leadership to form and sustain a Citizen Corps Council
• Develop and implement a plan and amend existing plans,such as emergency operations plans(EOP)to achieve
and expand citizen preparedness and participation
• Conduct public education and outreach
• Ensure clear,timely,and accessible alerts/warnings and emergency communications with the public
• Develop training programs for the public,including special needs populations,for both all-hazards preparedness
and volunteer responsibilities
• Facilitate citizen participation in exercises
• Implement volunteer programs and activities to support emergency responders
• Involve citizens in surge capacity roles and responsibilities during an incident in alignment with the Emergency
Support Functions and Annexes
• Conduct evaluations of programs and activities
II. Categories and Eligible Activities
Eligible activities are outlined in the Scope of Work for each category below. FY2011 SHSGP allowable costs are divided
into the following categories:planning,training,exercises,equipment,management and administration cost. Each
category's allowable costs have been listed in the"Budget Detail Worksheet"above. Eligible activities should support the
above approved projects.
A. Planning
Integrating non-governmental entities into the planning process is critical to achieve comprehensive community
preparedness.To meet this important objective,HSGP funds may be used to support the following:
• Establishing and sustaining bodies to serve as Citizen Corps Councils
• Assuring that State and local government homeland security strategies,policies,guidance,plans,and
evaluations include a greater emphasis on government/non-governmental collaboration,citizen preparedness,
and volunteer participation
• Developing and implementing a community preparedness strategy for the State/local jurisdiction
• Developing or reproducing accessible public education and outreach materials to:increase citizen preparedness
and knowledge of protective actions(to include the national Ready Campaign materials);promote training,
exercise,and volunteer opportunities;and inform the public about emergency plans,evacuation routes,shelter
locations,and public alerts/warnings
o All public education and outreach materials must include the national or jurisdiction's Citizen Corps
logo,tagline or website or the Ready logo,tagline,or website and comply with logo standards.For
more information go to http.//www.citizencorps.gov.In addition,all public education and outreach
materials should incorporate special needs considerations,to include language,content,and method
of communication
o Allowable expenditures include:
• Media campaigns:Public Service Announcements(PSAs),camera-ready materials,
website support,and newsletters
• Outreach activities and public events:Booth displays,event backdrops or signs,
displays and demonstrations,utilizing translation services,and informational
materials such as brochures/flyers
• Promotional materials:Pens/pencils,pins,patches,magnets,souvenir
clothing/headwear,etc.Expenditures for promotional items must not exceed 15
percent of the total Citizen Corps Program allocation(see CCP Equipment for
information on equipment caps)
• Establishing,expanding,and maintaining volunteer programs and volunteer recruitment efforts that support disaster
preparedness and/or response.
Page 22 of 52
o Citizen support for emergency responders is critical through year-round volunteer programs and as surge
capacity in disaster response.Citizen Corps funding may be used to establish,enhance or expand
volunteer programs and volunteer recruitment efforts for Neighborhood Watch/USAonWatch,Community
Emergency Response Teams(CERT),Volunteers in Police Service(VIPS),Medical Reserve Corps
(MRC),and Fire Corps;for the Citizen Corps Affiliate Programs and Organizations;and for jurisdiction
specific volunteer efforts.
• Examples include:
o Recruiting,screening,and training volunteers(e.g.background checks)
o Retaining,recognizing,and motivating volunteers(e.g.volunteer recognition items,such as
certificates or plaques).
o Purchasing,maintaining,or subscribing to a system to track volunteers(to include
identification and credentialing systems,and to track volunteer hours)and other available
resources in compliance with applicable privacy laws
o Necessary non-structural accommodations to include persons with special needs(i.e.sign
language interpreters)
o Evaluating volunteers
•
B. Training
Training funded through the CCP includes but is not limited to:all-hazards safety,such as emergency
preparedness,basic first aid,life saving skills,crime prevention and terrorism awareness,school preparedness,
public health issues,mitigation/property damage prevention,safety in the home,light search and rescue skills,
principles of NIMS/ICS,community relations,volunteer management,serving people with disabilities,pet care
preparedness,any training necessary to participate in volunteer activities,any training necessary to fulfill surge
capacity roles,or other training that promotes individual,family,or community safety and preparedness.
There is no cap on the number of deliveries State or local jurisdictions may conduct of the CERT Basic Training,
the CERT Train-the-Trainer,Campus CERT Train-the-Trainer,Teen CERT Train-the-Trainer,or CERT Program
Manager courses,or supplemental/advanced training for CERT program participants.
Funding for CERT training includes the delivery of the CERT Basic Training Course,supplemental training for
CERT members who have completed the basic training,and the CERT Train-the-Trainer training.Any CERT
Basic training conducted by State or local entities must:1)include the topics covered in the FEMA CERT Basic
Training Course;2)be instructor-led;and 3)and classroom-based,using lecture,demonstration,and hands-on
practice throughout.Note that the Independent Study course,"Introduction to CERT"(IS 317)must not be
substituted for classroom delivery of CERT basic training.
Supplemental training for CERT members who have completed the basic training includes modules available on
the national CERT website,as well as other supplemental training that meets the following criteria:
• Relates to a reasonably foreseeable activity CERT members might be tasked to perform in support of
emergency services responders;or.
• Increases competency and understanding of the emergency management context in which CERT members
may be asked to operate;or
• Enhances understanding of a particular local hazard CERT members might encounter in their response
activities
Any training supported with these CCP funds should be delivered with specific consideration to include all ages,
ethnic and cultural groups,persons with disabilities,and access and functional needs populations at venues
throughout the community,to include schools,neighborhoods,places of worship,the private sector,non-
governmental organizations,and government locations.Expenditures to provide necessary non-structural
accommodations for persons with disabilities and other access and functional needs is allowable(e.g.,sign
language interpreters).Jurisdictions are also encouraged to leverage existing training provided via
educational/professional facilities and to incorporate non-traditional methodologies such as the Internet,distance
learning,or home study whenever such delivery supports training objectives.Pilot courses and innovative
approaches to training citizens and instructors are encouraged.
Instruction for trainers and training to support the Citizen Corps Council members in their efforts to manage and
coordinate the Citizen Corps mission is also an allowable use of the FY 2011 CCP funding.
Allowable Training Costs
Allowable training-related costs include,but are not limited to,the following:
o Funds used to develop,deliver,and evaluate training,including costs related to administering the training,
planning,scheduling,facilities,materials and supplies,reproduction of materials,and equipment.
Page 23 of 52
o Overtime and Backfill costs,as defined in this guidance,associated with attending or teaching FEMA-
sponsored and/or approved training courses and programs are allowed.These costs are allowed only to the
extent the payment for such services is in accordance with the policies of the State or unit(s)of local
government and has the approval of the State or the awarding agency,whichever is applicable.In no case is
dual compensation allowable.That is,an employee of a unit of government may not receive compensation from
both their unit or agency of government AND from an award for a single period of time(e.g.,1:00 pm to 5:00
pm),even though such work may benefit both activities.Further,overtime costs associated with employees who
participate in training in a teaching role for which they are compensated are not allowed.
o Travel costs(e.g.,airfare,mileage,per diem,hotel)are allowable as expenses by employees who are on travel
status for official business related to approved training.
o Hiring of Full or Part-Time Staff or Contractors/Consultants to support training-related activities.Payment
of salaries and fringe benefits must be in accordance with the policies of the State or unit(s)of local government
and have the approval of the State or awarding agency,whichever is applicable.Such costs must be included
within the funding allowed for program management personnel expenses,which must not exceed 15 percent
(15%)of the total allocation as specified in section E.6.In no case is dual compensation allowable(see above).
o Certification/Recertification of Instructors is an allowable cost.States are encouraged to follow the NTE
Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of
evaluation of student learning.This is particularly important for those courses that involve training of trainers.
This information is contained in IB 193,issued October 20,2005. Additional information can be obtained at
http://www.fema.gov/good_guidance/downlad/10146.
C. Exercises
Exercises specifically designed for or that include participation from non-governmental entities and the general
public are allowable activities and may include testing public warning systems,evacuation/shelter in-place
capabilities,family/school/business preparedness,and participating in table-top or full scale emergency responder
exercises at the local,State,tribal,territorial,or national level,to include the National Level Exercises(formally
known as Top Officials Exercise[TOPOFF]).
.Allowable exercise-related costs include:
• Funds Used to Design,Develop,Conduct,and Evaluate an Exercise—Includes costs related to
planning,meeting space and other meeting costs,facilitation costs,materials and supplies,travel,
and documentation.Grantees are encouraged to use government facilities to conduct meetings and
conferences whenever possible.
• Hiring of Full or Part-Time Staff or Contractors/Consultants—Full or part-time staff may be
hired to support exercise-related activities.Such costs must be included within the funding allowed
for program management personnel expenses,which must not exceed 15 percent(15%)of the total
allocation.The applicant's formal written procurement policy or the Federal Acquisition Regulations
(FAR)—whichever is more stringent—must be followed.In no case is dual compensation allowable.
• Overtime and Backfill—The entire amount of overtime costs,including payments related to
backfilling personnel,which are the direct result of time spent on the design,development,and
conduct of exercises are allowable expenses.These costs are allowed only to the extent the payment
for such services is in accordance with the policies of the State or unit(s)of local government and
has the approval of the State or the awarding agency,whichever is applicable.In no case is dual
compensation allowable.That is,an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single period of
time(e.g.,1:00 p.m.to 5:00 p.m.),even though such work may benefit both activities.
• Travel—Travel costs are allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of exercise project(s)or HSEEP programmatic
requirements as described in the HSEEP website(e.g.,Improvement Plan Workshops,Training and
Exercise Plan).
• Supplies—Supplies are items that are expended or consumed during the course of the planning and
conduct of the exercise project(s)(e.g.,copying paper,gloves,tape,non-sterile masks,and
disposable protective equipment).
• Disability Accommodations-Materials,services,tools and equipment for exercising inclusive of
people with disabilities(physical,programmatic and communications access for people with
physical,sensory,mental health,intellectual and cognitive disabilities).
• Other Items—These costs include the rental of equipment(e.g.,portable toilets,tents),food,
gasoline,exercise signs,badges,etc.
Page 24 of 52
Unauthorized exercise-related costs include:
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles(e.g.,
construction vehicles)and emergency response apparatus(e.g.,fire trucks,ambulances).
• Equipment that is purchased for permanent installation and/or use,beyond the scope of exercise
conduct(e.g.,electronic messaging signs).
Exercise Requirements
Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security
Exercise and Evaluation Program(HSEEP).HSEEP Guidance for exercise design,development,conduct,evaluation,
and improvement planning is located at https://hseep.dhs.gov.The HSEEP Library provides sample exercise
materials and templates.
All exercises using HSGP funding must be NIMS compliant.More information is available online at the NIMS
Integration Center,http://www.fema.gov/emergency/nims/index.shtm.
Where applicable,the Training and Exercise Plans should include training and exercises that support specialized
programs,such as the Regional Catastrophic Preparedness Grant Program.
States are encouraged to exercise their capabilities with regard to infants and children across all aspects of response
and recovery,including pediatric medical surge capabilities and integrating the accessibility and functional needs of
children and adults with disabilities.
• Exercise Scenarios.The scenarios used in HSGP-funded exercises must be based on the State/Urban
Area's Homeland Security Strategy and plans.Acceptable scenarios for SHSP,UASI,MMRS,and CCP
exercises include:chemical,biological,radiological,nuclear,explosive,cyber,agricultural and natural or
technological disasters.Exercise scenarios must be catastrophic in scope and size as defined by the
National Response Framework.
The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be
large enough in scope and size to exercise multiple tasks and warrant involvement from multiple
jurisdictions and disciplines and nongovernmental organizations,and take into account the needs and
requirements for individuals with disabilities.Exercise scenarios should also be based on the Multiyear
Training and Exercise Plan.
• Special Event Planning.If a State or Urban Area will be hosting a special event(e.g.,Super Bowl,G-8
Summit),the special event planning should be considered as a training or exercise for the purpose of the
Multi-Year Training and Exercise Plan.The State or Urban Area should plan to use SHSP or UASI
funding to finance training and exercise activities in preparation for those events.States and Urban Areas
should also consider exercises at major venues(e.g.,arenas,convention centers)that focus on evacuations,
communications,and command and control.States should also anticipate participating in at least one
Regional Exercise annually.States must include all confirmed or planned special events in the Multi-year
Training and Exercise Plan.
• Exercise Evaluation Improvement.Exercises should evaluate performance of the objectives and
capabilities required to respond to the exercise scenario.Guidance related to exercise evaluation and
improvement planning is defined in the Homeland Security Exercise and Evaluation Program located at
https://hseep.dhs.gov.
• Role of Non-Governmental Entities in Exercises.Non-governmental participation in all levels of
exercises is strongly encouraged.Leaders from nongovernmental entities should be included in the
planning,conduct,and evaluation of an exercise.State,local,tribal,and territorial jurisdictions are
encouraged to develop exercises that test the integration and use of non-governmental resources provided
by non-governmental entities,defined as the private sector and private non-profit,faith-based,
community,volunteer,and other non-governmental organizations.Non-governmental participation in
exercises should be coordinated with the local Citizen Corps Council(s)and other partner agencies. The
scenarios used in HSGP-funded exercises must focus on validating existing capabilities,must comply
with and be large enough in scope and size to exercise multiple activities and warrant involvement from
multiple jurisdictions and disciplines and non-governmental organizations,and take into account the
needs and requirements for individuals with disabilities.
D. Equipment
All allowable equipment costs are listed in the AEL,available at https://www.rkb.us. Any equipment purchased
with CCP funding must be used for specific preparedness or volunteer training or by volunteers in carrying out
their response functions.CCP funding is intended only to be used for specific preparedness or volunteer training
or by trained volunteers in carrying out their response functions.Examples of equipment used to support training
and exercises for citizens include items such as burn pans or sample preparedness kits.Expenditures for kits used
Page 25 of 52
in volunteer response(e.g.,CERT or MRC kits/backpacks)or clothing for official identification must not exceed
30 percent of the total Citizen Corps Program allocation.Clothing for official identification includes those items
that volunteers are required to wear when engaging in public safety activities or disaster response(e.g.,t-shirts for
CERT members,baseball caps for Neighborhood Watch/USAonWatch Program foot patrol members).
E. Management and Administration-no more than 3%of each sub-recipient's total award may be expended on
Management and Administration costs.
Hiring of full-time or part-time staff or contractors/consultants:
• To assist with the management of the respective grant program
• To assist with application requirements
• To assist with the compliancy with reporting and data collection requirements
Development of operating plans for information collection and processing necessary to
respond to DHS/FEMA data calls
Costs associated with achieving emergency management that is inclusive of the access and
functional needs of workers and citizens with disabilities
Overtime and backfill costs-Overtime expenses are defined as the result of personnel who worked over and
above their normal scheduled daily or weekly worked time in the performance of FEMA—approved activities.
Backfill Costs also called"Overtime as Backfill"are defined as expenses from the result of personnel who are
working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA—
approved activities outside their core responsibilities.Neither overtime nor backfill expenses are the result of an
increase of Full—Time Equivalent(FTEs)employees.These costs are allowed only to the extent the payment
for such services is in accordance with the policies of the state or unit(s)of local government and has the
approval of the state or the awarding agency,whichever is applicable.In no case is dual compensation
allowable.That is,an employee of a unit of government may not receive compensation from their unit or
agency of government AND from an award for a single period of time(e.g.,1:00 pm to 5:00 pm),even though
such work may benefit both activities.Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act(FICA),Workers'Compensation and Unemployment Compensation.
Travel expenses
Meeting-related expenses(For a complete list of allowable meeting-related expenses,please
review the OJP Financial Guide at http://www.oip.usdoi.gov/FinGuide).
Acquisition of authorized office equipment
The following are allowable only within the period of performance of the contract:
• Recurring fees/charges associated with certain equipment,such as cell phones,faxes,etc.
• Leasing and/or renting of space for newly hired personnel during the period of performance of the grant
program
III. Program Requirements
A. National Incident Management System(NIMS)Compliance
HSPD-5,"Management of Domestic Incidents,"mandated the creation of NIMS and the National Response
Plan(NRP).NIMS provides a consistent framework for entities at all jurisdictional levels to work together to
manage domestic incidents,regardless of cause,size,or complexity.To promote interoperability and
compatibility among Federal,State,local,and tribal capabilities,NIMS includes a core set of guidelines,
standards,and protocols for command and management,preparedness,resource management,communications
and information management,supporting technologies,and management and maintenance of NIMS.The NRP,
using the template established by NIMS,is an all-discipline,all-hazards plan that provides the structure and
mechanisms to coordinate operations for evolving or potential Incidents of National Significance,which are
major events that"require a coordinated and effective response by an appropriate combination of Federal,State,
local,tribal,private sector,and nongovernmental entities."
The NIMS Integration Center(NIC)recommends 38 NIMS Compliance Objectives for nongovernmental
organizations that support NIMS implementation.These activities closely parallel the implementation activities
that have been required of State,territorial,tribal,and local governments since 2004 and can be found at
www.fema.gov/pdf/emergency/nims/ngo fs.pdf.To integrate nonprofit organizations into the broader national
preparedness effort,DHS encourages grantees to consider pursuing these recommended activities.
Additionally,nongovernmental organizations grantees and sub-grantees will be required to meet certain NIMS
compliance requirements.This includes all emergency preparedness,response,and/or security personnel in the
organization participating in the development,implementation,and/or operation of resources and/or activities
awarded through this grant must complete training programs consistent with the NIMS National Standard
Curriculum Development Guide.Minimum training includes IS-700 NIMS:An Introduction.In addition,IS-
800.a NRP:An Introduction,Incident Command System(ICS-l00),Incident Command System(ICS-200),
Page 26 of 52
Intermediate Incident Command System(G-300),and Advanced Incident Command System(G-400)are also
recommended.For additional guidance on NIMS training,please refer to
httv://www.fema.goviemergency/nims/nims training.shtm.
Additional information about NIMS implementation and resources for achieving compliance are available
through the NIMS Integration Center(NIC),at http://www.fema.gov/emergency/nims/.
Page 27 of 52
B. ENVIRONMENTAL PLANNING&HISTORIC PRESERVATION COMPLIANCE GUIDELINES
The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning
and historic preservation(EHP)laws and requirements prior to initiation of the project:
• New Construction,Installation and Renovation,including but not limited to:
o Emergency Operation Centers
o Security Guard facilities
o Equipment buildings(such as those accompanying communication towers)
o Waterside Structures(such as dock houses,piers,etc.)
• Placing a repeater and/or other equipment on an existing tower
• Renovation of and modification to buildings and structures that are 50 years old or older
• Any other construction or renovation efforts that change or expand the footprint of a facility or structure
including security enhancements to improve perimeter security
• Physical Security Enhancements,including but not limited to:
o Lighting
o Fencing
o Closed-circuit television(CCTV)systems
o Motion detection systems
o Barriers,doors,gates and related security enhancements
• Field based training and exercises including activities that involve ground disturbance,use of explosives,
toxic agents or otherwise have the potential to cause impact to the environment or historical resources.
This is only a requirement if the exercise or field training is not being conducted by a certified
professional or at an existing facility with established procedures.
In addition,the erection of communications towers that are included in a jurisdiction's interoperable communications plan
is allowed,subject to all applicable laws,regulations,and licensing provisions.Communication tower projects must be
submitted to FEMA for EHP review.
EHP DETERMINATION PROCESS
Submit the Final Screening Memo to the SAA for review prior to funds being expended.
I I. The SAA will review and notify the recipient of its decision. The grantee should incorporate sufficient
time and resources into the project planning process to accommodate EHP requirements.
APPROVAL PROCESS TO FEMA
I. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance
Requirements,page 2.
II. The Final Screening Memo should be attached to all project information sent to the Grant Programs
Directorate(GPD)for an EHP regulatory compliance review.
III. Complete the attached National Environmental Policy Act(NEPA)Compliance checklist
IV. Prepare maps indicating the location(s)of proposed project(Guidance provided)
V. Take photographs of the location(s)of proposed project(Guidance provided)
VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the
Centralized Scheduling and Information Desk(CSID)at askcsid @dhs.gov.
VII. CSID will send an email confirming receipt of the project description.
VIII. FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies recipient of
FEMA's final decision.
IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incorporate
sufficient time and resources into the project planning process to accommodate EHP requirements.Grantees
must receive written approval from FEMA prior to the use of grant funds for project implementation.
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III.Reporting Requirements
1.Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods(March 30,June
30,September 30 and December 30)for the life of this contract. If a report(s)is delinquent,future financial
reimbursements will be withheld until the Recipient's reporting is current.
Programmatic Reporting Schedule
Reporting Period Report due to DEM no later than
January 1 through March 31 April 30
April 1 through June 30 July 31
July 1 through September 30 October 31
October 1 through December 31 January 31
2.Programmatic Reporting-BSIR
After the end of each reporting period,for the life of the contract,the recipient will complete their Biannual
Strategic Implementation Report in the Grants Reporting Tool(GRT)https://www.reporting.odp.dhs.gov. The
reporting periods are January 1-June 30 and July 1-December 31. Data entry is scheduled for December 1 and
June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent.
3.Reimbursement Requests:
A request for reimbursement may be sent to your contract manager for review and approval at anytime during
the contract period. The Recipient should include the category's corresponding line item number in the"Detail
of Claims"form. This number can be found in the"Proposed Program Budget". A line item number is to be
included for every dollar amount listed in the"Detail of Claims"form.
4.Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the
agreement is either completed or the agreement has expired.
5.Monitoring:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent,prepare and respond to terrorist threats since 1999 through
various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds,projects
and equipment the Florida Division of Emergency Management(FDEM)has a responsibility to track and monitor the status of the
grant activity and items purchased.
The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and
federal guidelines. The FDEM is responsible for monitoring the financial,programmatic and capability portion of the grant to include
equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas
reviewed during monitoring activities-financial and programmatic/capability. Financial monitoring is the review of records
associated with the purchase and disposition of property,projects and contracts. Capability review is the observation of equipment
purchased,protocols and other associated records. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitoring is defined as the review of projects,financial activity and technical assistance between the program office and the
applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of
the FDEM or their designee,to actually observe records,procedures and equipment.
Frequency of annual monitoring activity:
Each year the FDEM will identify up to 50% of sub-grantees for site visit monitoring. It is important to note that although a given
grant has been closed successfully,it is still subject to either desk or on-site monitoring for a five year period following closure.
Examples of areas that may be examined include:
29
Management and administrative procedures
Grant folder maintenance
Equipment accountability and sub-hand receipt procedures
Program for obsolescence
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number trained
Status and number of exercises
Status of planning activity
Anticipated projected completion
Specific difficulties completing the project.
Agency NIMS/ICS compliance documentation
In certain circumstances,the FDEM may request additional monitoring/information if the activity,or lack there of,on the part of the
specific recipient has generated questions from the region,the sponsoring state agency or the FDEM leadership. The method of
gathering this information will be determined on a case-by-case basis.
Desk monitoring is an on-going process. Agency recipients will be required to participate in desk top monitoring on an annual basis
and as determined by the FDEM. The agency recipients will complete and submit the desk top monitoring within 14 business
calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance(TA)and/or a site visit
if the FDEM determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified,the respective region or sponsoring agency will be notified by the program office via email.
Information will include the grant recipient agency name,year and project description and the nature of the issue in question. Many of
the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the
FDEM for assistance. Examples of TA include but are not limited to:
4 Equipment selection or available vendors
4 Eligibility of items or services
4 Coordination and partnership with other agencies within or outside the region or discipline
Site Visits
Site visits will be conducted by the FDEM or designated personnel. Site visits will be scheduled in advance with the recipient agency
POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit.
The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the
capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form
of a peer review as needed.
All findings related to the capability review will be documented and maintained within the FDEM.
Site Visit Protocol
The following outlines the monitoring protocol for the FDEM:
The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year
(FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all
required tasks.
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact(POC)stating the purpose of the site visit at least 30 calendar days before
the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the
grantee's program.
The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and
the address should be documented in the grantee folder before the site visit.
The appointment should be confirmed with the grantee in writing(email is acceptable)and documented in the grantee folder.
Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s)before the visit.Prior to the
visit,individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit
team at a minimum of five(5)calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient
POC one business day in advance of the site visit.
Site Visit
Once FDEM personnel have arrived at the site,an orientation conference will be conducted. During this time,the purpose of the site
visit and the items FDEM intends to examine will be identified.If financial monitoring visit will be conducted,they will then explain
their objectives and will proceed to perform the fmancial review.
30
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed,a
tour/visual/spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items(computers,response vehicles,etc.)should have an asset
decal(information/serial number)placed in a prominent location on each piece of equipment as per recipient agency requirements.
The serial number should correspond with the appropriate receipt to confirm purchase.Photographs should be taken of the equipment
(large capitol expenditures in excess of$1,000.per item).
If an item is not available(being used during time of the site visit),the appropriate documentation must be provided to account for that
particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed,the FDEM personnel will then
conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time,such as missing quarterly reports,payment voucher/reimbursement,
equipment,questions,etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team,if applicable.
Within 30 calendar days of the site visit,a monitoring report will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations.Should no issues or findings be identified,a monitoring report to that effect will be
generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM.
The Site Visit Worksheet,report and photographs will then be included in the grantee's file along with any documents distributed at
the site visit by the grantee.
C. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Peggy Cadeaux Owen Roach
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100
(850)413-9966 (850)410-1599
Peggy.Cadeaux @em.myflorida.com _ Owen.Roach @em.myflorida.com
D. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of work.
• The FDEM shall administer the financial processes.
31
Attachment B
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) 31 U.S.C. §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements 28 CFR Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat.
975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part
39
Special Conditions
Article I—Financial Guidelines
1. The grantee and any subgrantee shall comply with the most recent version of the
Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list
of regulations commonly applicable to DHS grants are listed below:
A.Administrative Requirements
1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
32
2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations (OMB Circular A-110)
3. 44 CFR Part 10, Environmental Considerations
B.Cost Principles
1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal
Governments (OMB Circular A-87)
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular
A-21)
3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular
A-122)
4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with
Commercial Organizations
C.Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations
Article II—Prohibition on Using Federal Funds
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal,modification or adoption of any law, regulation or
policy, at any level of government,without the express prior written approval of FEMA.
Article III—Compliance with Program Guidance
The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2011 Homeland Security Grant Program (HSGP) guidance and application kit.
Article IV—Financial Reports (FDEM Form 1 & 2) Required Quarterly
The recipient shall submit the Financial Report (FDEM Form 1 &2) within 30 days of the end of
the first Federal quarter covering the grant period of performance. The recipient shall submit
quarterly reports thereafter until the grant ends and final payment is received. Reports are due on
January 31, April 30, July 31 and October 30. A report must be submitted for every quarter of
the period of performance, including partial calendar quarters, as well as for periods where no
grant activity occurs. Future reimbursement requests may be withheld if these reports are
delinquent. The Close-Out Report (FDEM Form 5) is due within sixty(60) days after the end
date of the performance period.
Article V—Acceptance of Post Award Changes
33
In the event that FEMA determines that changes are necessary to the award document after an
award has been made, including changes to period of performance or terms and conditions,
recipients will be notified of the changes in writing. Once notification has been made, any
subsequent request for funds will indicate recipient acceptance of the changes to the award.
Article VI—Trafficking In Persons
A. Provision applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not:
a. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
b. Procure a commercial sex act during the period of time that the award is
in effect; or
c. Use forced labor in the performance of the award or subawards under
the award.
2. We, as the State awarding agency,may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity:
a. Is determined to have violated a prohibition in paragraph A.1 of this
award term; or
b. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph A.1 of
this award term through conduct that is either:
i Associated with performance under this award; or
ii Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, "OMB
Guidelines to Agencies on Government wide Debarment and
Suspension (Non-procurement)," as implemented by our agency at
2 CFR Part 3000.
B. Provisions applicable to a recipient other than a private entity. We as the Federal
warding agency may unilaterally terminate this award, without penalty, if a subrecipient
that is a private entity:
1. Is determined to have violated a prohibition in paragraph A.1 of this award
term; or
34
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph A.1 of this
award term through conduct that is either:
a. Associated with performance under this award; or
b. Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are
provided in 2 CFR Part 180, "OMB Guidelines to Agencies on
Government wide Debarment and Suspension (Non-
procurement)," as implemented by our agency at 2 CFR Part 3000.
C. Provision applicable to any recipient.
1. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph A.1 of this award
term.
2. Our right to terminate unilaterally that is described in paragraph A.2 or B
of this section:
a. Implements section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
b. Is in addition to all other remedies for noncompliance that are available
to us under this award.
3. You must include the requirements of paragraph A.1 of this award term in
any subaward you make to a private entity.
D. Definitions. For purposes of this award term:
1. "Employee"means either:
a. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
b. Another person engaged in the performance of the project or program
under this award and not compensated by you including,but not limited
to, a volunteer or individual whose services are contributed by a third
party as an in-kind contribution toward cost sharing or matching
requirements.
2. "Forced labor"means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision or obtaining of a person
for labor or services, through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude,peonage, debt bondage, or
slavery.
3. "Private entity"means:
35
a. Any entity other than a State, local government, Indian Tribe, or
foreign public entity, as those terms are, defined in 2 CFR 175.25.
b. Includes:
i. A nonprofit organization, including any nonprofit institution of
higher education,hospital, or tribal organization other than one
included in the definition of Indian Tribe at 2 CFR 175.25(b).
ii. A for-profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and
"coercion"have the meanings given at section 103 of the TVPA, as amended
(22U.S.C. 7102).
Article VII—Classified Security Condition
A. "Classified national security information," as defined in Executive Order (EO) 12958,
as amended, means information that has been determined pursuant to EO 12958 or
any predecessor order to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documentary form.
B. No funding under this award shall be used to support a contract, subaward, or other
agreement for goods or services that will include access to classified national security
information if the award recipient has not been approved for and has access to such
information.
C. Where an award recipient has been approved for and has access to classified national
security information, no funding under this award shall be used to support a contract,
subaward, or other agreement for goods or services that will include access to
classified national security information by the contractor, subawardee, or other entity
without prior written approval from the DHS Office of Security, Industrial Security
Program Branch (ISPB), or, an appropriate official within the Federal department or
agency with whom the classified effort will be performed.
D. Such contracts, subawards, or other agreements shall be processed and administered
in accordance with the DHS "Standard Operating Procedures, Classified Contracting
by States and Local Entities,"dated July 7, 2008; EOs 12829, 12958, 12968, as
amended; the National Industrial Security Program Operating Manual (NISPOM);
and/or other applicable implementing directives or instructions. All security
requirement documents are located at: http://www.dhs.gov/xopnbix/grants/index.shtm
E. Immediately upon determination by the award recipient that funding under this award
will be used to support such a contract, subaward, or other agreement, and prior to
execution of any actions to facilitate the acquisition of such a contract, subaward, or
other agreement, the award recipient shall contact ISPB, or the applicable Federal
department or agency, for approval and processing instructions.
36
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdministrativeSecurity@dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
Article VIII—Central Contractor Registration and Universal Identifier Requirements
A. Requirement for Central Contractor Registration (CCR)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient
must maintain the currency of your information in the CCR until you submit the final
financial report required under this award or receive the final payment, whichever is later.
This requires that applicants and recipients review and update the information at least
annually after the initial registration, and more frequently if required by changes in your
information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) Numbers
If recipients are authorized to make subawards under this award, they:
1. Must notify potential subrecipients that no entity(see definition in paragraph C of
this award term)may receive a subaward from you unless the entity has provided
its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS
number to you.
C. Definitions
For purposes of this award term:
1. Central Contractor Registration (CCR) means the Federal repository into which
an entity must provide information required for the conduct of business as a
recipient. Additional information about registration procedures may be found at
the CCR Internet site (currently at http://www.ccr.gov).
2. Data Universal Numbering System (DUNS) number means the nine digit number
established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify
business entities. A DUNS number may be obtained from D&B by telephone
(currently 866-705-5711) or the internet (currently at
37
http://fedgov.ndb.com/webform).
3. Entity, as it is used in this award term, means all of the following, as defined at 2
CFR part 25, subpart C:
a. A Governmental organization, which is State, local government or
Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency,but only as a sub recipient under an award or
subaward to a non-Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to
an eligible subrecipient.
b. The term does not include your procurement of property and services
needed to carry out the project or program (for further explanation, see
Sec.----.210 of the attachment to OMB Circular A-133, "Audits of
States, Local Governments, and Non-Profit Organizations").
c. A subaward may be provided through any legal agreement, including
an agreement that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the
subaward.
Article IX—Reporting Subawards and Executive Compensation
A. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award
term, you must report each action that obligates $25,000 or more in Federal funds
that does not include Recovery funds (as defined in section 1512(a)(2) of the
American Recovery and Reinvestment Act of 2009, Pub. L 111-5) for a subaward
to an entity(see definitions in paragraph e. of this award term).
2. Where and when to report.
a. You must report each obligating action described in paragraph a.l. of
this award term to http://www.fsrs.gov.
b. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example,
38
if the obligation was made on November 7, 2010, the obligation must
be reported no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that
the submission instructions at http://www.fsrs.gov specify.
B. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if-
a. the total Federal funding authorized to date under this award is
$25,000 or more;
b. in the preceding fiscal year, your received-
i. 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
c. The public does not have access to information about the
compensation of the executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code
of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execomp.htm)
2. Where and when to report. You must report executive total compensation
described in paragraph b.1. of this award term:
a. As part of your registration profile at http://www.ccr.gov.
b. By the end of the month following the month in which this award is
made, and annually thereafter.
C. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph
d. of this award term, for each first-tier subrecipient under this award, you shall
report the names and total compensation of each of the subrecipient's five most
highly compensated executives for the subrecipient's preceding completed fiscal
year, if-
a. In the subrecipient's preceding fiscal year, the subrecipient received-
39
i. 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
b. The public does not have access to information about the
compensation of the executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code
of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total
compensation filings at http://www.sec.gov/answers/execomp.htm)
2. Where and when to report. You must report executive total compensation
described in paragraph c.l. of this award term:
a. To the recipient.
b. By the end of the month following the month during which you make
the subaward. For example, if a subaward is obligated on any date
during the month of October of a given year(i.e.,between October 1
and 31), you must report any required compensation information of the
subrecipient by November 30 of that year.
D. Exemptions
1. If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated
executives of any subrecipient.
E. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
a. A Governmental organization, which is State, local government or
Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency,but only as a sub recipient under an award or
subaward to a non-Federal entity.
40
2. Executive means officers, managing partners, or any other employees in
management positions.
3. Subaward:
a. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to
an eligible subrecipient.
b. The term does not include your procurement of property and services
needed to carry out the project or program (for further explanation, see
Sec. .210 of the attachment to OMB Circular A-133, "Audits of
States, Local Governments, and Non-Profit Organizations").
c. A subaward may be provided through any legal agreement, including
an agreement that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
a. Receives a subaward from you (the recipient) under this award; and
b. Is accountable to you for the use of the Federal funds provided by the
subaward.
5. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
a. Salary and bonus.
b. Awards of stock, stock options, and stock appreciation rights. Use the
dollar amount recognized for financial statement reporting purposes
with respect to the fiscal year in accordance with the Statement of
Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R),
Shared Based Payments.
c. Earnings for services under non-equity incentive plans. This does not
include group life,health,hospitalization or medical reimbursement
plans that do not discriminate in favor of executives, and are available
generally to all salaried employees.
d. Change in pension value. This is the change in present value of
defined benefit and actuarial pension plans.
e. Above-market earning on deferred compensation which is not tax-
qualified.
f. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for
the executive exceeds $10,000.
41
Article X—Summary Description of Project
The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs related
to preparedness activities associated with implementing the State Homeland Security Strategy,
any respective Urban Area Security Strategies, and the investments identified during the
application period. The HSGP consists of the State Homeland Security Program (SHSP), the
Urban Area Security Initiative(UASI), the Citizen Corps Program (CCP), the Metropolitan
Medical Response System (MMRS)program, and Operation Stonegarden (OPSG). Together,
these programs provide an integrated mechanism to enhance the coordination of National
Priority efforts to prevent,respond to, and recover from terrorist attacks, major disasters and
other emergencies.
Article XI—National Environmental Policy Act(NEPA)
The recipient shall comply with all applicable Federal, State, and local environment and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to
ensure compliance with applicable laws including: National Environmental Policy Act, National
Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice(12898). Failure of the recipient to meet
Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal
funding. Recipient shall not undertake any project having the potential to impact Environmental
or Historical Preservation (EHP) resources without the prior approval of FEMA, including but
not limited to communication towers,physical security enhancements, new construction, and
modifications to buildings that are 50 years old or greater. Recipient must comply with all
conditions placed on the project as the result of the EHP review. Any change to the approved
project scope of work will require re-evaluation for compliance with these EHP requirements. If
ground disturbing activities occur during project implementation,the recipient must ensure
monitoring of ground disturbance, and if any potential archeological resources are discovered,
the recipient will immediately cease construction in that area and notify FEMA and the
appropriate State Historic Preservation Office. Any construction activities that have been
initiated prior to the full EHP review could result in a non-compliance finding. For your
convenience,here is the screening form link: (The Screening Form is available at:
(www.fema.gov/doc/government/grant/bulletins/info329 final screening memo.doc). For these
types of projects, grantees must complete the FEMA EHP Screening Form (OMB Number 1660-
0115/FEMA Form 024-0-01) and submit it, will all supporting documentation, to their respective
FDEM grant manager for review. Grantees should submit the FEMA EHP Screening Form for
each project as soon as possible upon receiving their grant award.
42
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months of
(list applicable line items) Subgrant Agreement
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for
•
the cash advance. The justification must include supporting documentation that clearly shows the advance
will be expended within the first ninety(90)days of the contract term. Support documentation should
include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division
reasonable and necessary support that the advance will be expended within the first ninety(90)days of the
contract term. Any advance funds not expended within the first ninety(90)days of the contract term shall be
returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399,within thirty
(30)days of receipt,along with any interest earned on the advance)
43
Attachment D
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment.Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition.The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements.Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
44
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
45
Attachment E
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
46
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970(P.L. 91-646)which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA)list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended(16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966(16 USC 569a-1 et seq.) by(a)consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by(b)complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
47
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act(as appropriate);Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for$500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L. 97-348)dated October 19,
1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F,for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
48
Attachment G
Reimbursement Checklist
Please Note: FDEM reserves the right to update this check list throughout the life of the grant to
ensure compliance with applicable federal and state rules and regulations.
Equipment
❑ 1. Have all invoices been included?
2. Has an AEL# been identified for each purchase?
n 3. If service/warranty expenses are listed, are they only for the performance
period of the grant?
n 4. Has proof of payment been included? (E.g. canceled check, Electronic
Funds Transfer (EFT) confirmation, or P-Card back up documentation
which will include receipt with vendor, copy of credit card statement
showing expense charged, and payment to credit card company for that
statement)
5. If EHP form needed — has copy of it and approval from State/DHS been
included?
Planning
Consultants/Contractors (Note: this applies to contractors also billed under Organization)
7 1. Does the amount billed by consultant add up correctly?
2. Has all appropriate documentation to denote hours worked been properly
signed?
n 3. Have copies of all planning materials and work product (e.g. meeting
documents, copies of plans) been included? (If a meeting was held by
recipient or contractor/consultant of recipient, an agenda and signup sheet
with meeting date must be included).
4. Has the invoice from consultant/contrator been included?
n 5. Has proof of payment been included? (E.g. canceled check, Electronic
Funds Transfer (EFT) confirmation, or P-Card back up documentation
which will include receipt with vendor, copy of credit card statement
showing expense charged, and payment to credit card company for that
statement).
n 6. Has Attachment F (found within Agreement with FDEM) been completed
for this consultant and included in the reimbursement package?
Salary Positions (Note: this applies to positions billed under M&A and Organization as well)
n 1. Have the following been provided: signed time sheet by employee and
supervisor and proof that employee was paid for time worked (statement
49
of earnings, copy of payroll check or payroll register)? Has a time period
summary sheet been included for total claimed amount?
n 2. Does the back-up documentation provided match the time period for which
reimbursement is being requested?
Training
n 1. Is the course DHS approved? Is there a course or catalog number? If not,
has FDEM approved the non-DHS training? Is supporting documentation
included your reimbursement request?
fJ 2. Have sign-in sheets, rosters and agenda been provided?
n 3. If billing for overtime and/or backfill, has a spreadsheet been provided that
lists attendee names, department, # of hours spent at training, hourly rate
and total amount paid to each attendee? Have print outs from entity's
financial system been provided as proof attendees were paid? For backfill,
has a clear delineation/cross reference been provided showing who was
backfilling who?
n 4. Have the names on the sign-in sheets been cross-referenced with the
names of the individuals for whom training reimbursement costs are being
sought?
n 5. Has any expenditures occurred in support of the training (e.g., printing
costs, costs related to administering the training, planning, scheduling,
facilities, materials and supplies, reproduction of materials, and
equipment)? If so, receipts and proof of payment must be submitted. (E.g.
canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card
back up documentation which will include receipt with vendor, copy of
credit card statement showing expense charged, and payment to credit
card company for that statement).
Exercise
❑ 1. Has documentation been provided on the purpose/objectives of the
exercise? Such as, SITMAN/EXPLAN.
T7 2. If exercise has been conducted - has after-action report been included?
Have sign-in sheets, agenda, rosters been provided?
n 3. If billing for overtime and backfill, has a spreadsheet been provided that
lists attendee names, department, # of hours spent at exercise, hourly rate
and total paid to each attendee? Have print outs from entity's financial
system been provided to prove attendees were paid? For backfill, has a
clear delineation/cross reference been provided showing who was
backfilling who?
50
n 4. Have the names on the sign-in sheets been cross-referenced with the
names of the individuals for whom exercise reimbursement costs are
being sought?
n 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves,
tape, etc) in support of the exercise? If so, receipts and proof of payment
must be submitted. (E.g. canceled check, Electronic Funds Transfer(EFT)
confirmation, or P-Card back up documentation to include receipt with
vendor, copy of credit card statement showing expense charged, and
payment to credit card company for that statement).
I-1 6. Has any expenditures occurred on rental of space/locations for exercises
planning and conduct, exercise signs, badges, etc.? If so, receipts and
proof of payment must be submitted. (E.g. canceled check, Electronic
Funds Transfer (EFT) confirmation, or P-Card back up documentation to
include receipt with vendor, copy of credit card statement showing
expense charged, and payment to credit card company for that
statement).
Travel/Conferences
n 1. Have all receipts been turned in such as: airplane receipts, proof of
mileage, toll receipts, hotel receipts, car rental receipts, registration fee
receipts and parking receipts? Are these receipts itemized? Do the dates
of the receipts match the date(s) of travel/conference? Does the hotel
receipt have a zero balance? If applicable, have a travel authorization and
travel reimbursement form been included to account for per diem, mileage
and other travel expenses which have been reimbursed to the traveler by
sub grantee?
n 2. If travel is a conference has the conference agenda been included?
3. Has proof of payment to traveler been included? (E.g. canceled check,
Electronic Funds Transfer (EFT) confirmation, or copy of payroll check if
reimbursed through payroll).
Organization
n 1. If billing for overtime and backfill, has a spreadsheet been provided that
lists attendee names, department, # of hours spent at EOC, hourly rate
and total paid to each attendee? Have print outs from entity's financial
system been provided to prove attendees were paid? For backfill, has a
clear delineation/cross reference been provided showing who was
backfilling who?
Matching Funds
❑ 1. Contributions are from Non Federal funding sources.
51
n 2. Contributions are from cash or in-kind contributions which may include
training investments.
3. Contributions are not from salary, overtime or other operational costs
unrelated to training.
For All Reimbursements- The Final Check
I-I 1. Have Forms 3, 4a, 4b and 4c been completed and included with each
request for reimbursement?
Fl 2. Have the costs incurred been charged to the appropriate POETE
category?
n 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 4c?
Ill 4. Has Form 3 been signed by the Grant Manager?
n 5. Has the reimbursement package been entered into sub grantee's
records/spreadsheet?
n 6. Have the quantity and unit cost been notated on Form 4b?
52
AGENDA REQUEST
C.A. #2012-TA-1201
Date: August 8, 2012
PUBLIC
HEARING August 20, 2012 RESOLUTION ORDINANCE X
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
2nd Reading—Ordinance No. 2012-0-06 Land Development Code (LDC) text
amendments to Article II (Definitions), Article
VI (Sign Regulations), Article XVIII (Indian
River Boulevard — S.R. 442 Corridor Design
Regulations) and Article XX (Ridgewood
Avenue Corridor Design Regulations).
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Approval of the proposed text amendments to the LDC.
BACKGROUND: The proposed amendments are to Article II (Definitions), Article VI (Sign
Regulations), Article XVIII (Indian River Boulevard—S.R. 442 Corridor Design Regulations) and Article
XX (Ridgewood Avenue Corridor Design Regulations) of the LDC for inclusion of additional prohibited
signage and permitting added time for non-conforming signs to be brought into compliance with the
overlay standards of U.S. 1 and S.R. 442.
The City Council and Planning and Zoning Board held a joint workshop on April 11, 2012 to discuss
signage concerns in relation to the newly enacted Ridgewood Avenue Corridor Design Regulations.
Several points of consensus were established as a result of the workshop. These consensus points
include, but are not limited to, maintaining current overlay standards, providing additional time for non-
conforming signs to be brought into conformance, prohibiting "sign spinners" and providing bus bench
advertising opportunities as an alternative means of marketing local businesses.
The attached proposed amendments are presented as response to said consensus points.
The Planning and Zoning Board recommended approval by a vote of 7-0 on June 13, 2012.
City Council approved first reading of the Ordinance on July 16, 2012 by a vote of 4-0.
STAFF RECOMMENDATION:
Staff recommends approving Ordinance 2012-0-06; LDC text amendments to Article II (Definitions),
Article VI(Sign Regulations), Article XVIII(Indian River Boulevard—S.R. 442 Corridor Design
Regulations) and Article XX (Ridgewood Avenue Corridor Design Regulations).
ACTION REQUESTED:
Motion to approve Ordinance 2012-0-06.
FINANCIAL IMPACT:(Finance Director)N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES X NO
If so, DATE: 7/16/12 AGENDA ITEM# 8a
Resp• tfully sub itted, Concurrence:
1
`--i X
Dar en Lear Robin L. Matusick
Development ervices Director Paralegal
Z------------
//_ . ■ 4
racey . Barlow
City •anager
ORDINANCE NO. 2012-0-06
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE II
(DEFINITIONS); ARTICLE VI (SIGN REGULATIONS),
SECTION 21-60.01 (PURPOSE), SECTION 21-60.02
(GENERAL PROVISIONS), SECTION 21-60.04
(PROHIBITED SIGNS), SECTION 21-64.01
(AMORTIZATION); ARTICLE XVIII (INDIAN RIVER
BOULEVARD-S.R. 442 CORRIDOR DESIGN
REGULATIONS) ENACTING SECTION 21-460.03
(EXISTING NONCONFORMING SIGNS); ARTICLE XX
(RIDGEWOOD AVENUE CORRIDOR DESIGN
REGULATIONS) SECTION 21-660.02 (GUIDELINES FOR
NONCONFORMING STRUCTURES AND/OR SIGNAGE)
AND BY ENACTING SECTION 21-660.03 (EXISTING
NONCONFORMING SIGNS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On November 7, 2011, Council adopted Ordinance #2011-0-16 which amended
and restated Chapter 21 (Land Development Code), Article VI (Sign Regulations).
3. On June 20, 2011, Council adopted Ordinance #2011-0-07 which amended and
restated Chapter 21 (Land Development Code), Article XVIII (Indian River Boulevard-S.R. 442
Corridor Design Regulations) and Ordinance #2011-0-06 which amended and restated Article
XX (Ridgewood Avenue Corridor Design Regulations).
4. On April 2, 2012, Council adopted Ordinance #2012-0-01 which amended and
restated Chapter 21 (Land Development Code), Article II (Definitions).
1
Strip passages are deleted.
Underlined passages are added.
#2012-0-06
5. Adoption of this Ordinance will modify the above-referenced Articles of Chapter
21 (Land Development Code).
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE II
(DEFINITIONS); ARTICLE VI (SIGN REGULATIONS),
SECTION 21-60.01 (PURPOSE), SECTION 21-60.02
(GENERAL PROVISIONS), SECTION 21-60.04
(PROHIBITED SIGNS), SECTION 21-64.01
(AMORTIZATION); ARTICLE XVIII (INDIAN RIVER
BOULEVARD-S.R. 442 CORRIDOR DESIGN
REGULATIONS) ENACTING SECTION 21-460.03
(EXISTING NONCONFORMING SIGNS); ARTICLE XX
(RIDGEWOOD AVENUE CORRIDOR DESIGN
REGULATIONS), SECTION 21-660.02 (GUIDELINES FOR
NONCONFORMING STRUCTURES AND/OR SIGNAGE)
AND BY ENACTING SECTION 21-660.03 (EXISTING
NONCONFORMING SIGNS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE), CITY OF EDGEWATER,
FLORIDA.
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article II (Definitions); Article VI (Sign Regulations) Section 21-60.01
(Purpose), Section 21-60.02 (General Provisions), Section 21-60.04 (Prohibited Signs), Section
21-64.01 (Amortization); Article XVIII (Indian River Boulevard-S.R. 442 Corridor Design
Regulations), enacting Section 21-460.03 (Existing Nonconforming Signs); Article XX
(Ridgewood Avenue Corridor Design Regulations), Section 21-660.02 (Guidelines for
Nonconforming Structures and/or Signage) and by enacting Section 21-660.03 (Existing
Nonconforming Signs) as set forth in Exhibit "A" which are attached hereto and incorporated
herein.
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PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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#2012-0-06
PART F. ADOPTION.
After Motion to approve by Councilman Kennedy and Second by Councilman Emter, the
vote on the first reading of this ordinance held on July 16, 2012 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin A. Kennedy X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak EXCUSED
Councilman Gene Emter X
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
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#2012-0-06
PASSED AND DULY ADOPTED this day of , 2012.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of
legality by: Aaron R. Wolfe, Esquire , 2012 under Agenda Item No.
City Attorney .
Doran, Sims, Wolfe&Kundid
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#2012-0-06
Exhibit "A"
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#2012-0-06
Proposed Article II (Definitions)
Amendments
ARTICLE II
DEFINITIONS
SECTION 21-20 - DEFINITIONS II-2
21-20.01 - Intent II-2
21-20.02 - Definitions 11-2
Article II
-i-
ARTICLE II
DEFINITIONS
SECTION 21-20 - DEFINITIONS
21-20.01 -INTENT
Unless otherwise expressly stated the following terms shall, for the purposes of these regulations
have the meaning indicated. Words in the singular include the plural, and those in the plural
include the singular. Words used in the present tense include the future tense. The words
"person," "subdivider," "developer" and "owner" include a corporation, unincorporated
association and a partnership or other legal entity, as well as an individual. The word
"watercourse" includes channel, creek, ditch, spring and streams.
The words "should" and "may" are permissive. The words "shall" and "will" are mandatory and
directive. Words not herein defined shall have the meanings given in Webster's Unabridged
Dictionary or the applicable state statutes and/or administrative rules. The words and terms
herein shall have the meanings ascribed thereto.
21-20.02 - Definitions
ABANDON means to discontinue an existing use of land or structure for 181 consecutive
days, other than cessation due to probate or mortgage foreclosure activities.
ABUT OR ABUTTING means to physically touch or border upon, or to share a
common property line, or be separated from such a border by an alley, easement, street or canal.
ACCESS means a dedicated, or recorded right-of-way, road, lane, alley or easement
affording perpetual ingress and egress to a subject property, to a public thoroughfare or to a
water body.
ACCESSORY BUILDING means a structure, the use of which is customarily incidental
and subordinate to that of the main building on the same lot, including but not limited to,
detached garages, or carport, barns, greenhouse, woodshed, tool shed, gazebos, docks, boat
houses and similar uses that are used to shelter and/or protect equipment, supplies, chemicals,
goods, furniture and the like for use by the principal occupant.
ACCESSORY USE means a use that is incidental, related, appropriate and clearly
subordinate to the principal use of the building, lot or parcel and is under the direct control or
ownership of any person who occupies or operates the principal use of the same building, lot or
parcel.
Rev.4/2/12(Land Development Code) II-2
ACTUAL START means the first placement of, permanent construction of a structure
on a site, such as the pouring of slabs or footings, installation of piles, construction of columns,
or any work beyond the stage of excavation or the placement of a manufactured home on a
foundation.
ADMINISTRATIVE OFFICIAL means the Development Services Director or
Building Official of the City of Edgewater.
ADULT DAY CARE CENTER means any building, buildings, whether operated for
profit or not, in which is provided through its ownership or management, for any part of a day,
basic services to three or more persons who are 18 years of age or older, who are unrelated to the
owner or operator by blood or marriage, and who require such services.
ADVERTISING DISPLAY AREA OR DISPLAY AREA means the advertising
display surface area (copy area) which may be encompassed within any regular geometric figure
and which forms the informational component of a sign, not including the structural support
components of a sign.
AFFILIATE means a person that directly or indirectly owns or controls, or has common
ownership or control with another person. For purposes of this paragraph,the term own means to
own an equity interest(or the equivalent thereof) of more than 10 percent.
AFFORDABLE HOUSING means residential units priced so that monthly costs do not
exceed thirty (30) percent of the household gross income.
AGRICULTURAL USE means the use of land in horticulture, floriculture, viticulture,
forestry, diary, livestock, poultry, beekeeping, pisciculture and all forms of farm products and
farm production.
AGRICULTURE means general farming activities and attendant accessory uses and
subsequent processing and industrial activities.
AIRCRAFT HANGER means an enclosed or semi-enclosed building specifically
intended for the storage of aircraft.
ALLEY means a public right-of-way primarily designated to serve as a secondary means
of access to the side or rear of abutting properties having principal lot frontage on a street.
ALTERED OR ALTERATIONS means any change in a building's structural parts;
stairways; type of construction; kind or class of occupancy; light and ventilation; means of
ingress and egress; wiring, plumbing, heating or cooling system; and other changes affecting or
regulated by building codes or the ordinances.
Rev.4/2/12(Land Development Code) II-3
ALTERATION in regards to Historic Preservation means any act that changes the
exterior features of a designated property.
ALTERED WETLAND means wetlands that have been substantially affected by
development, but which continue to provide some environmental benefit.
ALTERNATIVE SUPPORT STRUCTURE means structures, other than
telecommunication towers, including, but not limited to: buildings; water towers; light poles;
power poles; telephone poles and other public utilities structures.
AMORTIZATION OR AMORTIZING means a method of eliminating nonconforming
uses by requiring the termination of the nonconforming use after a specified period of time.
ANIMAL BOARDING means the housing of animals for compensation for more than
12 hours.
ANTENNA means any system of wires, poles, rods, reflecting discs or similar devices,
used for the transmission or reception of electromagnetic waves external to, or attached to, the
exterior of any building.
APARTMENT- see "Dwelling" for various housing types.
APPEAL means a request for a review of an administrative interpretation of any
provision of this Code, a decision made by any City official, City board or the City Council.
APPLICANT means any person who submits appropriate documentation as required by
the City relating to all aspects of this Code.
AQUACULTURE means raising aquatic animals for sale.
AQUACULTURE, LIMITED means the cultivation, production and raising of the
natural products of water including hatcheries, nurseries and maintenance of products in above
ground tanks less than 10,000 gallons of capacity.
AREA OF SHALLOW FLOODING means a designated AO or VO zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths from 1 to 3 feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD means the land in a flood plain in a
community subject to a one percent or greater chance of flooding in any given year.
Rev.4/2/12(Land Development Code) I1-4
AS-BUILT SURVEY means a survey which depicts the location and dimension of all
structures, parking areas, stormwater management facilities and associated grades, road
easements or other improvements as may be required or constructed on the parcel and includes
the location and limits of the 100-year flood plain, if any.
ASSISTED LIVING FACILITY (ALF) means a residential facility, for more than three
persons unrelated to the owner, where shelter and services are provided and may include meals,
housekeeping, and personal care assistance. Residents shall not be under in-house
nursing/medical care.
Facilities which provide for a specific number of residents are listed below.
FAMILY RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the
Department of Children and Families (formerly Department of Health and Rehabilitative
Services) and other authorized agencies, which provides a living environment for six (6)
or fewer unrelated residents who operate as the functional equivalent of a family,
including such supervision and care by supportive staff as may be necessary to meet the
physical, emotional and social needs of the residents. The term "family residential
home" shall include congregate care facilities, foster homes, group care homes, and child
care facilities with six (6) or fewer residents and that otherwise meet the definitional
requirements of a family residential home.
COMMUNITY RESIDENTIAL HOME means a dwelling unit licensed to serve clients
of the Department of Children and Families (formerly Department of Health and
Rehabilitative Services) and other authorized agencies, which provides a living
environment for seven (7) to fourteen (14) unrelated residents who operate as the
functional equivalent of a family, including such supervision and care by supportive staff
as may be necessary to meet the physical, emotional and social needs of the residents.
The term "community residential home" shall include congregate care facilities, foster
homes, and group care homes with seven (7) to fourteen (14) residents and that otherwise
meet the definitional requirements of a community residential home.
INSTITUTIONAL RESIDENTIAL HOME means a dwelling unit licensed to serve
clients of the Department of Children and Families (formerly Department of Health and
Rehabilitative Services) and other authorized agencies, which provides a living
environment for more than fourteen (14) unrelated residents who operate as the
functional equivalent of a family, including such supervision and care by supportive staff
as may be necessary to meet the physical, emotional and social needs of the residents.
The term "institutional residential home" shall include congregate care facilities, foster
homes, and group care homes with more than fourteen (14) residents and that otherwise
meet the definitional requirements of institutional residential home.
AUTOMOTIVE PAINT AND BODY SHOP means an establishment for automotive
bodywork including the painting, repainting, restoring of a vehicle, parts or components
including engine removal or dismantling, straightening or welding of vehicle frames or body
Rev.4/2/12(Land Development Code) I1-5
parts, or the performance of other related vehicle services.
AUTOMOTIVE REPAIR means a use or establishment performing mechanical repair
or serving work to automobiles and light trucks and does not include large trucks or other
mechanical equipment. The term does not include any of the following activities or uses:
(a) Vehicle paint and body shop.
(b) Vehicle fabrication or assembly uses.
(c) Vehicle welding services or repairs.
AUTOMOTIVE SERVICE STATION means an establishment that is used primarily
for the retail sale and direct delivery to motor vehicles of motor fuels and lubricants.
AWNING means a roof-like structure, regardless of the material used for construction,
attached to a building which shelters doors or windows from the weather.
BANNER SIGN means any sign intended to be hung either with or without frames,
possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fabric of
any kind, including such signs stretched across or hung over any public right-of-way.
BASE FLOOD means the flood having a one-percent (1%) chance of being equaled or
exceeded in any given year(100 year storm event).
BASE FLOOD ELEVATION means the maximum elevation above mean sea level
expected to be reached by flood waters during a 100-year storm event.
BASEMENT means that portion of a structure having its finished floor (below ground
level) on all sides.
BEACON LIGHT SIGN means any sign or device which includes any light with beams
capable of being revolved automatically.
BED AND BREAKFAST means a house or portion thereof where lodging rooms are
available for short-term rental and meals may be provided to the guests renting the rooms and
where the operator of the establishment lives on the premises.
BENCH SIGN means a bench or bus shelter upon which a sign is drawn, painted,
printed, or otherwise affixed thereto, as further described in Chapter 337.408, F.S.
BERM means a manmade or natural mound of earth located so as to form a mound
above the general elevation of the adjacent ground or surface.
BEST MANAGEMENT PRACTICES (BMPs) means schedules of activities,
prohibitions of practices, maintenance procedures, treatment methods and other management
practices to prevent or reduce pollutants from entering the MS4 (see definition).
Rev.4/2/12(Land Development Code) II-6
BILLBOARD SIGN means a sign that directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location other than the premises on
which the sign is located.
BLOCK means a tract of land existing within well defined and fixed boundaries, usually
being a group of lots surrounded by streets or other physical barriers.
BOAT HOUSE means an accessory structure typically but not necessarily attached to a
dock designed and used for the protection and storage of boats and boating supplies.
BOUNDARY LINE means a delineation that indicates or defines limits between
differing lot or property lines.
BOUNDARY SURVEY means a survey that depicts the physical boundaries and
dimensions of a parcel and its legal description.
BREAK POINT means the location on a communication tower of a designed feature
which, in the event of a tower failure, would result in the tower falling entirely within the
boundaries of the property on which it is located.
BREAKAWAY WALL means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific lateral
loading forces without causing damage to the elevation portion of the building or the supporting
foundation system.
BUFFER means a land area of specified width and/or height which is used to separate
one use from another, or to shield or block noise, lights, or other nuisances.
BUILDABLE AREA means that portion of a lot remaining excluding the established
front, rear and side setbacks.
BUILDING means any structure designed or built for the support, enclosure, shelter or
protection of persons, animals, chattels or moveable property of any kind.
BUILDING ADDITION means any expansion to the perimeter of a building to which
the addition is connected.
BUILDING FRONTAGE means the side of a building facing the principal road, street,
highway or easement serving the building.
BUILDING HEIGHT means the vertical distance measured from the required minimum
finished floor elevation to the highest point of the roof.
Rev.4/2/12(Land Development Code) II-7
BUILDING PERMIT EXPIRATION means every permit issued shall become invalid
unless the work authorized by such permit is commenced within six months after its issuance, or
if the work authorized by such permit is suspended or abandoned for a period of six months after
the time the work is commenced. One or more extensions of time, for periods not more than 90
days each, may be allowed for the permit. The extension shall be requested in writing and
justifiable cause demonstrated. Extensions shall be in writing by the Building Official.
BUILDING SETBACK LINE means a line within a lot or other parcel of land so
designated on the final plat, between which line and the adjacent boundary of the street or street
widening setback line, where applicable, upon which the lot or parcel abuts the erection of a
building is prohibited, as prescribed by the zoning ordinance.
BULKHEAD LINE means a line established to fix the maximum distance from the
shoreline within which filling may occur.
BUSINESS TAX RECEIPT means a permit to engage in an activity that requires
regulation and all regulated activities must operate from within a permanent structure.
CALIPER means the trunk diameter of trees at a predetermined point.
CANOPY (FREESTANDING)/TEMPORARY CARPORTS means a rigid supported
structure (capable of disassembly) covered with fabric, and supported by columns or posts
embedded in the ground and/or attached at other points. Does not include the term carport.
CAPACITY means the availability of a public or private service or facility to
accommodate users, expressed in an appropriate unit of measure such as gallons per day or
average daily trips.
CARTWAY means the actual road surface areas from curb line to curb line or the hard
surface road width of the road surface when no curbs are present.
CARPORT means an accessory structure or portion of a principal structure consisting of
roofed area open on one, two, or three sides and free standing or attached to the main building by
support members for storage of one or more vehicle. Does not include the term canopy
(freestanding).
CAMOUFLAGE COMMUNICATION TOWER means a tower designed to merge
and blend into and conform in appearance with existing surroundings. An example of a
camouflage communication tower would be one that is constructed in the form and shape of a
tree in order to appear to be part a forested area or a tower constructed to appear to be a
component of a bell tower or to be or appear to be a component of church steeple in order for the
tower to be or appear to be part of these more aesthetically pleasing structures.
CANAL means an artificial, primary water conveyance facility with an open channel and
usually a wet bottom.
Rev.4/2/12(Land Development Code) II-8
CEMETERY means land used or intended to be used as a burial ground or burial place
of the human dead and dedicated for crematories, mausoleums and mortuaries if operated in
connection within the boundaries of such cemetery.
CERTIFICATE OF CONCURRENCY means a statement issued by the City and
relating to a specific development project on a specific parcel of real property or part thereof,
which is valid and states that all concurrency requirements are satisfied and that a specified
quantity of concurrency facilities is reserved for a specified period of time.
CERTIFIED LOCAL GOVERNMENT means a government meeting the requirements
of the National Historic Preservation Act Amendments of the 1980 (P.A. 96-515) and the
implementing regulations of the U. S. Department of the Interior and the State of Florida.
CHANGEABLE COPY SIGN means a sign that is designed so that characters, letters or
illustrations can be changed or rearranged, including billboards.
CHILD CARE FACILITY means any child care center or child care arrangement
which provides child care for more than five children unrelated to the operator and which
receives a payment, fee, or grant for any of the children receiving care, wherever operated, and
whether or not operated for profit. The following are not included:
(a) Public schools and nonpublic schools and their integral programs, except as
provided in Chapter 402.3025, F.S. (2005);
(b) Summer camps having children in full-time residence;
(c) Summer day camps;
(d) Bible schools normally conducted during vacation periods; and
(e) Operators of transient establishments, as defined in Chapter 509 (F.S.), which
provide child care services solely for the guests of their establishment or resort
provided that all child care personnel of the establishment are screened according
to the level 2 screening requirements of Chapter 435.
CHRONIC NONMALIGNANT PAIN means pain unrelated to cancer or rheumatoid
arthritis, which persists beyond the usual course of the disease or injury that is the cause of the
pain, or more than ninety (90) days after surgery.
CITY means the City of Edgewater, a Florida municipal corporation.
CITY COUNCIL means the governing body of the City.
CITY ENGINEER means a professional engineer employed by the City or the
designated consultant professional engineer.
CLEAN WATER ACT (CWA) means Public Law(PL) 92-500, as amended PL 95-217.
PL 95-576, PL 6-483, and PL 97-117, 33 U.S.C. 1251 et seq., as amended by the Water Quality
Rev.4/2/12(Land Development Code) I1-9
Act of 1987, PL 100-4.
CLEARING means the removal of trees and/or brush from a parcel, not including
mowing.
CLUB means a building or facilities owned or operated by a corporation, association,
person or persons for a social, educational, or recreational purpose, but not primarily for profit or
to render a service which is customarily carried on as a business and where the serving or sale of
alcohol is not the primary use.
COASTAL HIGH HAZARD ZONE OR AREA means the area subject to high-
velocity waters caused by, but not limited to, hurricane wave wash found in Category 1 storms.
CODE OF ORDINANCES means the laws, rules and regulations of the City of
Edgewater which shall include, but not be limited to, the Code of Ordinances and the Land
Development Code.
COMMERCIAL MASCOT means any person(s), animal(s) and/or facsimile thereof
holding, spinning, waving and/or otherwise displaying signage for the advertising of commercial
products or services within any public right-of-way or visible from any public right-of-way,
including any person(s), animal(s) and/or facsimile thereof attired or decorated with commercial
insignia, images or symbols, for the advertising of commercial products or services within any
public right-of-way or visible from any public right-of-way. This shall include, but not be
limited to, sign spinners, sign twirlers, sign walkers, sign clowns, etc.
COMMERCIAL MOBILE SERVICES means the communications Act and the FCC's
rules, and include cellular telephone services regulated under Part 22 of the FCC's rules, SMR
services regulated under Part 90 of the FCC's rules, and PCS regulated under Part 21 of the
FCC's rules.
COMMUNICATION ANTENNA means an antenna designed to transmit or receive
communications as authorized by the Federal Communications Commission(FCC).
COMMUNICATION TOWER means a tower greater than 35 feet in height (including
the antenna component) which supports communication (transmission or receiving) equipment.
Amateur radio operators' equipment, as licensed by the FCC, shall not be deemed a
communication tower.
COMMUNITY WATER SYSTEM - means a public water system which serves at least
15 service connections used by year-round residents or regularly serves at least 25 year-round
residents.
COMPATIBILITY means a condition in which land uses or conditions can coexist in
relative proximity to each other in a stable fashion over time such that no use or condition is
negatively impacted directly or indirectly by another use or condition.
Rev.4/2/12(Land Development Code) II-10
COMPREHENSIVE PLAN means an ordinance of the City which contains the official
statement of public policy for the development and/or redevelopment of the City, and which
conforms to the relevant requirements of Chapter 163, Part II, F.S. and the appropriate portions
of the Florida Administrative Code.
COMPUTERIZED SWEEPSTAKES DEVICE means any computer, machine, game
or apparatus which, upon the insertion of a coin, token, access number, magnetic card, or similar
object, or upon the payment of anything of value, and which may be operated by the public
generally for use as a contest of skill, entertainment or amusement, whether or not registering a
score, and which provides the user with a chance to win anything of value that is not de minimis.
Machines designated for use by the State Lottery Commission are not Computerized
Sweepstakes Devices for purposes of this definition.
CONCEPTUAL PLAN means a preliminary presentation and attendant documentation
of a proposed development project of sufficient accuracy to be used for meaningful discussion.
CONCURRENCY means a finding that required public facilities and services necessary
to support a proposed development are available, or will be made available concurrent with the
impacts of the development. Roadways, wastewater, solid waste, drainage, potable water, open
space/parks and recreation facilities and schools have or will have the necessary capacity to meet
the adopted level of service standards at the time the impact of a new or expanded development
occurs. Transportation facilities needed to serve new development shall be in place or under
actual construction within 3 years after the local government approves a building permit or its
functional equivalent that results in traffic generation.
CONCURRENCY MANAGEMENT means the procedure and process that the City
uses to ensure that no development order or permit is issued by the City unless the necessary
concurrent public facilities are available. This means public facilities and services for which a
Level of Service (LOS) must be met concurrent with the impact of development, or an
acceptable deadline as mandated in the Comprehensive Plan pursuant to Chapter 163, Florida
Statutes, and 9J-5.0055, Florida Administrative Codes, and shall include but may not be limited
to:
(a) potable water (d) recreation/open space (g) schools
(b) sanitary sewer (e) solid waste
(c) drainage (f) roadways
CONSTRUCTION PLANS means signed and sealed drawings by an appropriate
professional, and/or specifications indicating specific locations of site improvements and other
similar matters.
CONSTRUCTION SIGN means any sign giving the names of contractors, design
professionals and lending institutions responsible for construction occurring on the same parcel.
Rev.4/2/12(Land Development Code) II-11
CONSTRUCTION TRAILER means a temporary office placed upon a parcel for the
purpose of supervising the development of said site, and can only be installed after site plan
approval and must be removed within five days of the issuance of a Certificate of Occupancy.
CONDITIONAL USE means a use within a zoning district that may be permitted,
pursuant to express standards and criteria, which are consistent with the Comprehensive Plan.
CONTIGUOUS means lands which abut each other or are separated by streets,
easements, pipelines, power lines, conduits, or rights-of-way under ownership of the petitioner,
governmental agencies, subdivision, or public or private utility.
CONTROLLED SUBSTANCE MEDICATION means any controlled substances
identified in Schedules I, II, III or IV of Chapter 893, Florida Statutes as may be amended from
time to time.
COSTS with regard to hazardous substances means those necessary and reasonable costs
incurred by the City in connection with investigating, mitigating, minimizing, removing or
abating discharges of hazardous substances, including but not limited to: the actual labor costs of
city personnel or authorized agents, cost of equipment operation and rental, cost of expendable
items, including but not limited to, firefighting foam, chemical extinguishing agents, absorbent
material, sand, recovery drums, goggles and protective clothing (both structural and chemical
protective, disposable or standard use). Costs shall further include overhead costs and indirect
expenses allocable to the foregoing costs.
CREMATORIUM means an establishment in which a deceased body is reduced to
ashes in a furnace. This type of facility must be licensed with the Florida Department of Business
and Professional Regulation and meet the criteria of the Florida Department of Health
Department of Environmental Protection, pursuant to Florida Statutes, Chapter 470.
DECISION OR RECOMMENDATION regarding Historic Preservation means when
referring to the Recreation/Cultural Services Board, the executive action taken by the Board on
an application for a designation or a certificate of appropriateness regardless of whether that
decision or recommendation is immediately reduced to writing.
DEMOLITION means any act that destroys in whole or in part, a building or structure,
landmark or archeological site.
DENSITY means an objective measurement of the number of residential units allowed
per unit of land.
DESIGN CAPACITY means the limit of capacity of a public facility beyond which it
ceases to function efficiently.
DESIGN HIGH WATER (DHW) means the water elevation expected to occur at a
Rev.4/2/12(Land Development Code) II-12
particular design storm event. Examples are:
DHW 10 10-year storm event
DHW 25 25-year storm event
DHW 100 100-year storm event
DEVELOPER means any person, partnership or corporation, or duly authorized agent
who undertakes any material changes to land or other development activities under these
regulations.
DEVELOPMENT means the carrying out of any building activity or mining operation,
the making of any material change in the use or appearance of any structure or land, or the
dividing of land into three (3) or more parcels and includes the following activities or uses:
(a) A reconstruction, alteration of the size or material change in the external
appearance of a structure or land:
(b) A change is the intensity of use of land, such as an increase in the number of
dwelling units in a structure, or on land, or a material increase in the number of
businesses manufacturing establishments, offices, or dwelling units in a structure
or on land;
(c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal
including any "coastal construction' as defined in Section 161.021, Florida
Statutes;
(d) Commencement of drilling, except to obtain soil samples, mining, or excavation
on a parcel of land;
(e) Demolition of a structure;
(f) Clearing of land as adjunct of construction;
(g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land; or
(h) The subdivision of land consistent with this regulation.
When appropriate to the context, "development" refers to the act of developing or to the result of
development.
DEVELOPMENT AGREEMENT means an agreement entered into between the City
and another party associated with the development of land, including agreements associated with
development orders issued pursuant to Section 21-101 of this Code.
DEVELOPMENT ORDER means an order or permit granting, denying, or granting
with conditions an application for a development permit.
DEVELOPMENT SIGN means a sign designed and intended to advertise and promote
the sale of buildings or subdivided lots on the same parcel.
DIAMETER AT BREAST HEIGHT (DBH) means the diameter of a tree, measured 4-
1/2 feet above the average ground elevation at its base. If the tree, or shrub forks 4-1/2 feet
Rev.4/2/12(Land Development Code) II-13
above the ground level, it is measured below the swell resulting from the double stem. Stems
that fork below 4-1/2 feet above the ground level should be considered a separate plant.
DIRECTORY SIGN means a sign on which the names and locations of occupants or the
use of a building is given.
DISCHARGE shall mean any intentional or unintentional action or omission resulting in
the release of liquid, solid or gaseous material and includes but is not limited to a release,
spilling, leaking, seeping, pouring, emitting, emptying, and dumping of any substance or
material.
DOCUMENTATION means any photographs, slides, drawings, plans, electronic media,
or additional written description or narrative relating to the specific matter.
DREDGING means excavation by any means that occurs in a water body or which is, or
is proposed to be, connected to a water body via excavated water bodies or a series of excavated
water bodies.
DWELLING means any building or portion thereof designed or used exclusively for
residential living occupancy.
DWELLING TYPES
SINGLE-FAMILY means a residential building designed for, or
occupied exclusively by one family.
DUPLEX means a residential building containing two dwelling units
joined by a minimum 2-hour rated firewall each having separate entrances and
kitchen facilities.
MULTI-FAMILY means a residential building on one parcel of land
designed for, or occupied exclusively by three or more families with separate
housekeeping and cooking facilities for each unit.
APARTMENT means a rented or leased room, or a suite of rooms,
occupied, or which is intended or designed to be occupied as the home or
residence of one individual, family, or household for housekeeping purposes with
each unit separated by a minimum one-hour rated fire wall.
TOWNHOUSE means a one family dwelling in a row of at least three
such units in which each unit has its own front and rear access to the outside, no
unit is located over another unit, and each unit is separated from any other unit by
one or more common wall with a minimum 2-hour rated fire wall.
GARAGE APARTMENT means a two story attached accessory building
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with a ground floor automobile storage and single family living quarters on the
second floor located in a multi-family designated district.
GARDEN APARTMENT means a residential building containing more
than four apartments, not exceeding three stories in height with units located side
by side and on top of each other with each unit separated by a minimum one-hour
rated fire wall.
UNIT means a group of interrelated rooms which are intended or designed
for the use of one family, separated from other spaces by lockable doors, having
access to the outdoors without crossing another dwelling, having living and
sleeping facilities and cooking facilities, fixed or portable, and complete sanitary
facilities.
MID-RISE means a residential building containing more than four
apartments, not less than four stories with units located side by side and on top of
each other.
CLUSTER HOUSING means a development involving two or more
detached dwellings to be constructed on a parcel on which all land areas not
occupied by dwelling units shall be designated as common space.
DRY BOTTOM means any water retention, detention, or conveyance facility which
evacuates its water level below its designated bottom within seventy-two hours of its deigned
storm event, by either natural or artificial draw down means; and whose bottom is maintained a
minimum twelve inches above the SHWT.
EASEMENT means any strip of land created by a subdivider, or granted by the owner
for public utilities, drainage, sanitation or other specified and limited uses, the title to which shall
remain in the name of the property owner subject to the right of use designated in the
conveyance.
ELEVATED BUILDING means a non-basement building built to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter walls, pilings,
columns (posts and piers).
EMF (electromagnetic field) means a wireless communication.
ENGINEER means a person practicing engineering and licensed in the State of Florida
pursuant to the requirements of Chapter 471, F.S.
ENVIRONMENTAL CONSTRAINTS means natural resources or natural
characteristics that are sensitive to improvements and require mitigative actions to be maintained
by owner.
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EQUIPMENT means the implements used in an operation or activity.
EQUIVALENT RESIDENTIAL UNIT (ERU) means 250 gallons per day potable
water usage, and 237.5 (95% of water use) gallons per day of wastewater contribution to be an
equivalent residential unit.
ERECT shall mean to build, construct, attach, hang, place, suspend or affix, whether
temporary or permanent, and shall include the painting of wall signs.
ERECTED means attached, altered, constructed, enlarged, reconstructed, or moved
whether temporary or permanent.
EXCHANGE ACCESS means the offering of access to telephone exchange services or
facilities for the purpose of the origination or termination of telephone toll services.
EXFILTRATION SYSTEM means water passing through a permeable substance such
that water is filtered as it is discharged from a water conveyance facility (e.g., exfiltration pipe).
EXISTING CONSTRUCTION means any structure for which the "start of
construction" commenced before June 17, 1974.
F.A.C. means the most current version of the Florida Administrative Code which is the
administrative rules implementing state statutes.
FAMILY means a group of individuals living under one roof. Those who dwell under
the same roof and compose a family; a social unity comprised of those living together in the
same dwelling.
FEMA means the Federal Emergency Management Agency.
FENCE means a barrier, usually comprised of wooden or metal posts, rails or wire mesh,
used as a boundary marker or means of protection or confinement.
FIREWALL means a wall as described in the Standard Building Code which is of
sufficient fire resistance, durability and stability to withstand the effects of an uncontrolled fire
exposure, which may result in collapse of the structural framework on either side. Openings in
the wall, if allowed, must be protected.
FIRM means the Flood Insurance Rate Map.
FIS means Flood Insurance Study.
FIXED BASE OPERATIONS means directly related activities to operate and support
an airport and its users.
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FLASHING SIGN means a sign that contains an intermittent or sequential flashing light
source. An animated or moving sign shall not be considered a flashing sign. Such signs shall
not be deemed to include time and temperature signs.
FLOOD OR FLOODING means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any
source.
FLOOD HAZARD AREA means land in the flood plain within a community which is
subject to a one percent (1%) or greater chance of flooding in any given year. Also defined as
the one hundred (100) year storm event or Base Flood.
FLOOD INSURANCE RATE MAP (FIRM) means an official map on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY means a Federal Emergency Management Agency
(FEMA) report containing flood profiles, flood boundary maps and the water surface elevation of
the base flood.
FLOODWAY means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than 1 foot.
FLOOD PLAIN means boundaries of the special flood hazard area indicating a flood
having one percent (1%) chance of occurrence in any given year as indicated on the Federal
Insurance Rate Map (FIRM) Flood Hazard Boundary Map. Flood plain can also be defined as or
include a ten(10) year,twenty-five (25) year or one hundred(100) year storm event.
FLOOR means the top surface of an enclosed area in a building, i.e., top of slab in
concrete slab construction or top of wood flooring in wood frame construction, but does not
include the floor of a garage used solely for parking vehicles.
FLOOR AREA means the sum of the gross horizontal area of the several floors of a
building, except that in structures used as a residence, cellar, basement, garage, carport, patio,
porch and attic floor area not devoted to living use shall be excluded. All dimensions shall be
measured between exterior faces of walls or the center line of the wall separating two attached
buildings.
FLOOR AREA RATIO (FAR) means the gross floor area of a building or structure
divided by the gross area of the parcel.
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FOWL means any guineas, peafowl, pigeons, pheasants or poultry or similar wild birds.
FRONTAGE see "Lot Frontage."
F.S. means the most current version of the Florida Statutes.
FUTURE LAND USE MAP (FLUM) means a graphic representation of the land use
categories adopted as part of the Edgewater Comprehensive Plan. The Future Land Use Map
may also be referred to as the"Land Use Map" or"Future Land Use Map Series."
GARAGE means an accessory building incidental to a dwelling unit which is intended
for the off-street storage of motor vehicles belonging to the inhabitants of the dwelling unit on
the parcel on which the garage is located; and is not intended to be used for any commercial
business purpose.
GRADE means the slope of a road, street, unimproved land, or any other land improved,
altered or changed; specified in percent.
GROUND SIGN mean a sign that is anchored to, and not elevated above, the ground and
maintains essentially the same contour from the ground to the top of the sign.
GUEST COTTAGE means living quarters within a detached accessory building located
on the same lot or parcel as the main building to be used exclusively for housing members of the
family occupying the main building and/or their nonpaying guests; such quarters shall have no
kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
GUYED TOWER means a communication tower that is supported, in whole or in part,
by guy wires and ground anchors.
HAZARDOUS MATERIALS means any substance or material, solution, mixture, or a
formulation containing such materials and includes any material which due to its chemical
composition poses an unreasonable and eminent risk to the life, health, safety or welfare of
persons, property or environment. Materials deemed hazardous are as specified in the following:
(a) Chapter 38F-41 of the Florida Administrative Code
(b) Title 40 of the Code of Federal Regulations, Part 261
(c) Title 40 of the Code of Federal Regulations, Part 302.4
(d) Title 40 of the Code of Federal Regulations, Part 355
HEALTH/EXERCISE CLUB means an establishment which provides for athletic and
physical force training or health and recreational exercise whether private or public.
HIGHEST ADJACENT GRADE means the highest elevation of the ground surface,
prior to construction, next to the proposed walls of a structure.
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HISTORIC DISTRICT means a geographically definable area, urban or rural,
possessing a significant concentration, linkage, or continuity of sites, buildings, structures,
objects or areas, which are united by past events. A district also may be comprised of individual
resources which are separated geographically but are linked by association or history.
HOME OCCUPATION means a commercial enterprise within a residence for the
purpose of sending and receiving communication, maintaining records and similar functions; and
where no business is conducted other than by phone, mail or electronically; and employing no
persons other than members of the immediate family residing on the premises. No commercial
delivery shall be allowed.
HOSPITAL means an institution where the sick or injured are given medical or surgical
care.
HOTEL see "Motel."
ILLEGAL SIGN means a sign that does not meet the requirements of this Code and that
has not received nonconforming status.
ILLICIT CONNECTION means point source discharges to the City's MS4 or to waters
of the United States, which are not composed entirely of stormwater and are not authorized by a
permit.
ILLICIT DISCHARGE means the discharge to the City's MS4 or to waters of the
United States which is not composed entirely of stormwater, unless exempted pursuant to local,
state and/or federal permits.
ILLUMINATED SIGN shall mean any sign illuminated in any manner by an artificial
light source.
IMPERVIOUS SURFACE AREA (ISA) means the area of a lot or parcel of land
covered by any part of a building, street, parking lot, or any other structure, improvement,
facility or material, except roof overhang, which restricts natural percolation by rain water. This
includes swimming pools, all asphalt, brick or wooden surfaces and areas devoted to any outdoor
storage and/or display of materials and merchandise. Unpaved parking shall be considered
impervious surfaces.
IMPERVIOUS SURFACE RATIO (ISR) means the gross impervious surface area
divided by the gross area of the parcel.
IMPROVEMENT means any building, structure, construction, demolition, excavation,
landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other
real property for its permanent benefit. Property abutting a street, waterway or utility easement
shall be considered improved.
Rev.4/2/12(Land Development Code) II-19
INFILL DEVELOPMENT means the addition of new housing or other buildings on
scattered vacant sites or platted lots in a developed area or subdivision.
INFILTRATION means water passing through a permeable surface such that the water
is filtered before it is collected by a water conveyance facility (e.g., under drain pipe).
INFORMATION SERVICES means the offering of a capability for generating,
acquiring, storing, transforming, processing, retrieving, utilizing, or making available
information via telecommunications, and includes electronic publishing, but does not include any
use of any such capability for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.
INTEGRAL SIGN means memorial signs or tablets, including names of buildings and
date of erection when cut into any noncombustible materials mounted on the face of a building.
INTERNET/SWEEPSTAKES CAFÉ means any business, establishment or portion of
business or establishment, which conducts giveaways through drawings by chance conducted in
connection with the sale of a consumer product or service, sweepstakes, game promotions, to
include any giveaways obtained with any "Computerized Sweepstakes Device", as defined in
this Section, and that does not otherwise violate Florida law and is located for the use or
entertainment of the public.
JUNKYARD see"Salvage Yards."
KENNEL means any place of business where dogs or cats regardless of number are kept
for sale, breeding, boarding or treatment purposes, except an animal hospital, grooming facility
or pet shop. The term "kennel" shall include any premises used for residential purposes where
five (5) or more dogs or cats four (4) months or older are kept, harbored or maintained for
monetary compensation.
LAND PLANNING AGENCY means the Planning and Zoning Board as designated
pursuant to the requirements of Chapter 163.3174, F.S.
LANDMARK in regards to Historic Preservation means a building or structure meeting
one or more of the criteria required in Article XIV of this Code. A "landmark" shall include the
location of significant archeological structures, features or of an historical event.
LANDMARK SITE in regards to Historic Preservation means the land on which a
landmark and related buildings and structures are located and the land that provides the grounds,
the premises or the settings for the landmark.
LATTICE TOWER means a telecommunication tower that is constructed without guy
wires and ground anchors.
Rev.4/2/12(Land Development Code) II-20
LEVEL OF SERVICE STANDARD (LOS) means the volume of capacity per unit of
demand for certain public facilities as adopted in the Comprehensive Plan.
LITTER means any garbage, rubbish, trash, refuse, cans, bottles, boxes, container paper,
tobacco products, tires, appliances, electronic equipment, mechanical equipment or parts,
building or construction material, tools, machinery, wood, motor vehicles or motor vehicle parts,
vessels, aircraft, farm machinery or equipment, sludge from a water treatment facility, water
treatment plant or pollution control facility; or substances in any form resulting from domestic,
industrial, commercial, mining, agriculture or governmental operations as defined in Chapter
403.413, F.S.
LIVING AREA means space in a structure in which the air is conditioned by heating
and/or air conditioning and the space is habitable and enclosed.
LOADING SPACE means a space within, or adjacent to, the main building on a lot
providing for the standing, loading or unloading of trucks.
LOCAL REGISTER in regards to Historic Preservation means a method by which to
identify and classify various sites, buildings and objects as historic and/or architecturally
significant.
LOCATION means any lot, premises, building, structure, wall or any place whatsoever
upon which a sign, structure or dwelling is located.
LOT means an area of land which abuts a street and which either complies with or is
exempt from the City's regulations, and is sufficient in size to meet the minimum area and width
requirements for its zoning classification as established in Article V of the Land Development
Code or in Article VII entitled "Non-Conforming Uses" or a subdivision or any other tract or
parcel of land, including the airspace above or contiguous thereto, intended as a unit for transfer
of ownership or for development or both. The word "lot" includes the word "plot", "tract" or
"parcel".
LOT AREA means the total horizontal area within the boundaries of a lot of record.
LOT, CORNER means either a lot bounded entirely by streets, or a lot that adjoins the
point of intersection of two or more streets and includes lots on curves.
LOT COVERAGE means that portion of the lot area expressed as a percentage,
occupied by all buildings.
LOT, FLAG means a lot or building site which has minimum required frontage on a
public or private street typically behind another lot also fronting on the same street shaped
similar to a flag.
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LOT FRONTAGE means any portion of a lot which fronts upon a public or private
street. The primary front line is that frontage on which the address is given.
LOT, THROUGH (DOUBLE FRONTAGE) means any lot, not on a corner, having
both the front and rear property lines adjacent to a public street.
LOT LINE means the boundary of a lot.
LOT LINE, FRONT means the continuous line formed by the lot frontage.
LOT LINE, REAR means any lot line, except a front or side lot line.
LOT LINE, SIDE means a continuous line which runs back from an intersection with
the lot front line, and which forms the boundary line between the lot and the adjacent parcel of
land.
LOT LINE, ZERO means a single-family dwelling unit sited on a lot contiguous to one
side lot line with no more than a 5-foot separation.
LOT OF RECORD means a lot or parcel whether or not a part of a subdivision which
exists as shown or described on a plat or deed in the Official Records of Volusia County as of
June 17, 1974.
LOUNGE means a building or portion of a building wherein alcoholic beverages are
sold by the drink and consumed on the premises (includes the word Nightclub).
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including
basement). An unfinished shed or flood-resistant enclosure which is not within a basement but
which is usable solely for parking of vehicles, building access or storage purpose, is not
considered a building's (or structure's) lowest floor, providing such enclosure is built in
compliance with applicable non-elevation design requirements of this Code.
MANGROVE STAND means an assemblage of mangrove trees which is mostly low
trees noted of a copious development of interlacing adventitious roots above the ground and
which contain one or more of the following species:
Black Mangrove - (Avicenna nitida)
Red Mangrove - (Rhizophora mangle)
White Mangrove - (Laguncularia racemosa)
Buttonwood - (Conocarpus erecta)
MANSARD means a sloped roof or roof-like facade architecturally comparable to a
building wall.
MANUFACTURED HOME (OR STRUCTURE) means a mobile home fabricated on
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or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the
building site with each section bearing a seal certifying that it is built in compliance with the
Federal Manufactured Home Construction and Safety Standard Act.
MANUFACTURING means a premises, or portion of a premises, occupied by an
establishment primarily engaged in the making of a product, fabrication or processing of
materials, products or personal property.
MARQUEE means a permanent roof-like structure projecting beyond a building wall at
an entrance to a building or extending along and projecting beyond the building's wall that is
designed and constructed to provide protection against the weather.
MEAN HIGH WATER means the average height of waters over a 19-year period. For
shorter periods of observation, "mean high water," means the average height of the high waters
after corrections are applied to eliminate known variations and to reduce the result to the
equivalent of a mean 19 year value.
MEAN SEA LEVEL means the average height of the sea for all stages of the tide and is
used as a reference to establish flood plain elevations.
MECHANICAL REPAIR see"VEHICLE REPAIR."
MICROWAVE means a dish antenna, or a dish-like antenna used to link communication
sites together by wireless transmission of voice or data.
MINI-WAREHOUSE means a structure, or structures in a controlled access and fenced
compound that contains varying sizes of individual climate controlled compartmentalized and
controlled access stalls or lockers without water, sewer or electric connections for the dead
storage of customers' goods or wares.
MINOR SUBDIVISION means any division or re-division of a parcel of land in single
ownership whose entire area is ten (10) acres or less, into not more than three (3) lots if all of the
following requirements are met:
(a) All resultant lots or parcels front by at least twenty feet (20') on an existing public
or private street and;
(b) The division or re-division does not involve the construction of any new street,
road or change in an existing street or road and;
(c) The division or re-division does not require the extension of municipal water or
sewer or the creation of any public improvement.
MIXED USE DEVELOPMENT means more than one (1) type of use in a single parcel
or structure.
MOBILE and LAND BASED TELECOMMUNICATION FACILITY means whip
Rev.4/2/12(Land Development Code) II-23
antennas, panel antennas, microwave dishes, and receive-only satellite dishes and related
equipment for wireless transmission with low wattage transmitters not to exceed 500 watts, from
a sender to one or more receivers, such as for mobile cellular telephones and mobile radio system
facilities.
MOBILE HOME means a structure, transportable in one (1) or more sections which is
eight (8) body feet or more in width, and which is built on an integral chassis and designed to be
used as a dwelling when connected to the required utilities and includes the plumbing, heating,
air-conditioning, and electrical systems contained therein. For the purpose of this section, a
travel trailer is not classified as a mobile home.
MOBILE HOME PARK means a parcel or tract of land of contiguous ownership where
lots or spaces are rented or leased to accommodate more than one (1) mobile home.
MOBILE VENDOR (Mobile Dispensing Vehicle) means any vehicle mounted public
establishment that is self-propelled or otherwise moveable from place to place, and is self-
sufficient for utilities, such as gas, water, electricity, and liquid waste disposal. Proof of
inspection by the State of Florida Department of Motor Vehicles is required.
MODEL HOME CENTER means an area comprised of one (1) or more lots containing
one (1) or more model dwellings upon which active sales or demonstration activities are
conducted regardless of the ownership status of the model dwellings or lots.
MODULAR HOME see "Manufactured Home."
MONOPOLE TOWER means a telecommunication tower consisting of a single pole or
spire self supported by a permanent foundation, constructed without guy wires and ground
anchors.
MOTEL means a building, or group of buildings, which contains sleeping
accommodations for transient occupancy and may have individual entrances from outside the
building to serve each such sleeping unit. Motels may have one (1) or more dining rooms,
restaurants or cafes as accessory uses. For the purposes of this Code, motel and hotel shall have
the same meaning.
MOVABLE SIGN means any mobile sign or sign structure, not securely attached to the
ground or to any other structure, but does not include trailer signs as defined below.
MOVING SIGN means a sign all or part of which is in motion, including fluttering,
rotating, revolving or any other motion.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) means a conveyance,
storage area or system of conveyances and storage areas (including, but not limited to, roads with
drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains,
treatment ponds, and other structural BMPs) owned or operated by a local government that
Rev.4/2/12(Land Development Code) II-24
discharges to waters of the United States or to other MS4's, that is designed solely for collecting,
treating or conveying stormwater, and that is not part of a publicly owned treatment works
(POTW) as defined by 40 Code of the Federal Register 122.2 or any amendments thereto.
MUNICIPALITY means a duly incorporated municipality in the County.
NATIONAL GEODETIC VERTICAL DATUM (NGVD) means a vertical control
used as a reference for establishing varying elevations within the flood plain.
NAVD88 means the North American Vertical Datum of 1988.
NET DENSITY means the number of dwelling units per acre of land devoted to
residential uses and excludes right-of-ways, wetlands and lands below the 100-year flood plain.
NEW CONSTRUCTION means any structure for which the "start of construction"
commenced after adoption of this Article and includes any subsequent improvements to such
structure.
NGVD29 means the National Geodetic Vertical Datum of 1929.
NIGHTCLUB See "Lounge."
NONCONFORMING BUILDING OR STRUCTURE means a structure or building
existing as of June 17, 1974 which does not conform to the property development regulations of
area, height, lot coverage, yard setbacks, lot location or other like requirements of the district in
which it is located.
NONCONFORMING LOT means an existing single lot, tract or parcel of land at the
effective date of this Code which does not conform to the property development regulations of
area, lot width, depth or both or other like requirements of the district in which it is located.
NONCONFORMING USE means any use of land, building or structure which does not
conform to all of the provisions, requirements and regulations of this Code at the time of
adoption.
NONCONFORMING SIGN means any sign that was a legal sign prior to adoption of
this Code, but which does not conform to all of the requirements of this Code.
NONRESIDENTIAL ACTIVITY means any activity occurring on any described parcel
of land, whether or not within a structure,that is not a residential activity as defined herein.
NON-TRANSIENT NON-COMMUNITY WATER SYSTEM means a public water
system that is not a community water system and that regularly serves at least 25 of the same
persons over 6 months per year.
Rev.4/2/12(Land Development Code) II-25
NUMBER PORTABILITY means the ability of users of telecommunications services
to retain, at the same location, existing telecommunications numbers without impairment of
quality, reliability, or convenience when switching from one telecommunications carrier to
another.
NUISANCE means an offensive, annoying, unpleasant, or obnoxious object, odor, noise
or practice; a cause or source of annoyance, especially a continuing or repeated invasion or
disturbance of another's right, including the actual or potential emanation of any physical
characteristics of activity or use across a property line, which emanation can be perceived by or
affects a human being.
NURSING HOME means a licensed and regulated facility for the aged, chronically ill or
incurable persons in which three (3) or more persons not of the immediate family are received,
kept or provided with food and shelter or care for compensation; but not including hospitals,
clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or
injured.
OFFICIAL MAP means the map established by the City Council as amended from time
to time showing the streets, highways and parks thereafter laid out, adopted and established by
the law and any additions resulting from the approval of subdivision plans or annexations.
OPEN SPACE means any parcel or area of land or water set aside, reserved or dedicated
for the use and enjoyment of all owners and occupants of the project. Usable common space
shall include area(s) readily accessible and generally acceptable for active or passive recreational
use. Open space shall not include required setback areas, contain structures, impervious
surfaces, or right-of-ways other than those intended for landscape or recreational purposes.
OUTSTANDING FLORIDA WATERS (OFW) means special designation by the
FDEP, for waters worthy of special protection because of their natural attributes, pursuant to the
criteria set forth in Section 17-3.041 of the Florida Administrative Code. The eastern border of
the City of Edgewater along the Intracoastal Waterway also referred to as the Mosquito Lagoon,
an aquatic preserve, is considered an OFW.
OWNER means any person, partnership, corporation or corporations, or other legal
entity having legal title to the land sought to be subdivided or developed under this Code.
PAIN CLINIC (hereinafter "pain clinics" shall include, but not be limited to, pain
clinics, pain management clinics, wellness clinics, urgent care facilities or detox centers) shall
have the same meanings and same exemptions as provided for in Florida Statutes Chapter 458
and 459 as amended from time to time, or any successor state law. Pain clinic means a privately
owned pain management clinic, facility or office which advertises in any medium for any type of
pain management services or employs a physician who is primarily engaged in the treatment of
pain by prescribing or dispensing controlled substance medications, and is required to register
with the Florida Department of Health pursuant to Florida Statutes Chapter 458 and 459 as
amended from time to time, or any successor state law. A physician is primarily engaged in the
Rev.4/2/12(Land Development Code) II-26
treatment of pain by prescribing or dispensing controlled substance medications when the
majority of the patients seen are prescribed or dispensed controlled substance medications for the
treatment of chronic nonmalignant pain. Pain management clinic does not include a clinic:
(a) Licensed as a facility pursuant to Chapter 395, Florida Statutes, as may be
amended from time to time;
(b) Where the majority of the physicians who provide services in the clinic primarily
provide surgical services;
(c) Owned by a publicly held corporation whose shares are traded on a national
exchange or on the over-the-counter market and whose total assets at the end of
the corporation's most recent fiscal quarter exceeded fifty million dollars
($50,000,000.00);
(d) Affiliated with an accredited medical school at which training is provided for
medical students, residents, or fellows;
(e) That does not prescribe or dispense controlled substances for the treatment of
pain; or
(f) Owned by a corporate entity exempt from federal taxation.
PANEL ANTENNA means an array of antennas designed to concentrate a radio signal
in a particular area.
PAWN SHOP means an establishment that engages, in whole or in part, in the business
of loaning money on the security of pledges of personal property, or deposits or conditional sales
of personal property, or the purchase or sale of personal property.
PENNANTS shall include the terms "ribbons" and "streamers" and shall mean pieces of
cloth, flexible plastic or other flexible material intended to attract attention because of their
bright colors and/or flapping caused by action of the wind and shall include a single pennant,
ribbon or streamer or a series of such pennants, ribbons or streamers.
100 PERCENT CLEAR ZONE means the requirement that in the event of a tower
failure, the entire height of the tower would fall completely within the boundaries of the subject
parcel.
PERMANENT CONSTRUCTION shall mean designed, constructed and intended to be
used for more than 180 days, but does not include land preparation, such as clearing, grading and
filling.
PERMANENT STRUCTURE means a building designed, and constructed from the
ground up, meeting all building code and fire protection standards and intended to be used for
more than 180 days, but does not include land preparation, such as clearing, grading, and filling.
PERSON means any individual, firm, association, organization, whether social, fraternal
of business, partnership,joint venture, trust company, corporation, receiver, syndicate, business
trust, or other group or combination acting as a unit, including any government.
Rev.4/2/12(Land Development Code) II-27
PERSONAL SERVICES means a use primarily engaged to provide services involving
the care of a person's appearance or apparel.
PLACE OF WORSHIP means a premises, or portion of, occupied by a religious
organization operated primarily for worship and related activities; may also be called a church,
temple, synagogue or other names appropriate to the worship and related activities. The term
worship does not include day care facilities or educational facilities.
PLANNED UNIT DEVELOPMENT (PUD) means a land area under unified control,
designed and planned to be developed for residential, commercial or industrial uses in an
approved Final Development Plan. Total land area must be fifteen(15) acres or more.
PLAT means a map or delineated representation of the subdivision of lands, being a
complete exact representation of the subdivision and other information in compliance with the
requirements of all applicable sections of this Code and any other local or state legislation
including Chapter 177, F.S. and may include the terms "replat", "amended plat," or "revised
plat."
POLE SIGN means a sign attached to, and elevated above, the ground by means of a
pole or poles.
POLITICAL SIGN OR CAMPAIGN SIGN means a sign relating to any person,
political party or matter subject to a public election.
PORTABLE SIGN means a sign that is mounted on a trailer or other chassis and is
capable of being moved as an entire unit.
POTABLE WATER means water that is satisfactory for drinking, culinary and domestic
purposes meeting current State and Federal drinking water standards.
POTABLE WATER SUPPLY WELL means water supply well which has been
permitted for consumptive use by the SJRWMD.
PREMISES means a parcel of land with its appurtenances and buildings which because
of its unity of use may be regarded as the smallest conveyable unit of real estate.
PRIMARY CONTAINMENT means the first level of product-tight containment, i.e.,
the inside portion of that container which comes into immediate contact on its inner surface with
the hazardous substance being contained.
PROJECTING SIGN means any sign other than a wall sign affixed to any building or
wall whose leading edge extends beyond such building or wall.
Rev.4/2/12(Land Development Code) II-28
PUBLIC BODY means any governmental agency of the City, Volusia County, the State
of Florida or the United States.
REAL ESTATE SIGN means any sign that is used to offer for sale, lease or rent the
property upon which the sign is placed.
RECHARGE AREA means a recharge area designated by the SJRWMD for the
surficial aquifer in the City of Edgewater.
RECLAIMED WATER means treated wastewater effluent that has received at least
advanced secondary treatment and high-level disinfection.
RECREATIONAL VEHICLE means a vehicle designed as temporary living quarters
for recreational camping or travel use, which either has its own motor power or is mounted on, or
drawn by, another vehicle. The term recreational vehicle excludes park trailers, automotive vans
and mobile homes, but includes travel trailers, camping trailers, truck campers and motor homes
as defined by Chapter 320.01, F.S.
REPEAT VIOLATION means a violation of a provision of a code or ordinance by a
person who has been previously found through the Code Compliance Board to have violated or
who has admitted violating the same provision within five years prior to the violation,
notwithstanding the violations which occurred at different locations.
RESIDENTIAL ACTIVITY means any structure, or portion thereof, that is used for
residential purposes, including those customary and accessory residential activities.
RESTAURANT means where meals are prepared, and food, including beverages and
confections, is served to customers, with the food and nonalcoholic beverage sales amounting to
at least fifty-one percent (51%) of the total food sales. Restaurants are hereby classified as
follows:
Type A. Restaurants with dining tables and counter stools having all service
indoors and providing no service to persons inside vehicles or at
walk-up windows.
Type B. Restaurants which have indoor service and may serve food for
consumption on or off the premises and which specialize in short
order foods and beverages, including "drive-through" and/or
"walk-up" service.
RE-SUBDIVIDE means the making of a new subdivision and/or replatting of previously
subdivided and/or platted parcels.
Rev.4/2/12(Land Development Code) I1-29
REUSE means the deliberate application of reclaimed water, in compliance with Florida
Department of Environmental Protection and the St. Johns River Water Management District
rules, for a beneficial purpose.
RIGHT-OF-WAY means land dedicated, deeded, used or to be used for a street, alley,
walkway, boulevard, drainage facility, access for ingress and egress, utilities or other purpose by
the public, certain designated individuals, or governing bodies.
ROADWAY/STREETS means public or private roads falling into one of several
categories, more particularly defined as follows:
Expressway means a limited access facility of four (4) or more lanes designed
primarily for the high-speed movement of traffic.
Arterial means a facility of two (2) or more lanes designed primarily to serve as a
major access route to expressways and/or as a connector of subregions, inter-
county and inter-city vehicular movement. The main function is to move large
volumes of vehicles (greater than 6,000 Average Daily Trips (ADT's).
Collector means roads of two (2) or more lanes designed primarily for traffic
movement within and between residential neighborhoods, commercial and
industrial areas and all other roads.
Cul-de-sac means a minor street with only one (1) outlet terminating at one (1)
end with a circular turn around.
Local means road facilities designed primarily to provide direct access to abutting
property. Average daily trips are normally less than 1000 vehicles.
Marginal Access means roads which are parallel to, and adjacent to arterial
streets and highways and which provide access to abutting properties and
protection from through traffic.
Private means any street that has not been dedicated for public use.
Public means any street designed to serve more than one (1) property owner
which is dedicated to the public use and accepted for ownership and maintenance
by the City Council or other regulatory public body, includes any street right-of-
way dedicated to the public prior to, or at the time of, adoption of this Code.
ROOF LINE means the top edge of the roof or the top of a parapet; whichever forms the
top line of the building silhouette.
ROOF SIGN means any sign erected or constructed wholly upon and over the roof of
any building and supported solely on the roof structure.
Rev.4/2/12(Land Development Code) II-30
SALVAGE YARD means a location used for collection, storage and/or abandonment of
discarded or waste materials.
SCREEN ENCLOSURE means an addition to an existing structure that is attached to
the principal structure and is enclosed with screen and has a roof and three (3) sides.
SEASONAL HIGH WATER LEVEL (SHWL) means the elevation to which ground
or surface water can be expected to rise during a normal wet season.
SEASONAL HIGH GROUND WATER TABLE (SHGWT) means the zone of water
saturated soil at the highest average depth during the wettest season of the year.
SECONDARY CONTAINMENT means the level of product containment separate
from the primary containment.
SELF-SUPPORT TOWER means a communication tower that is constructed without
guy wires and ground anchors.
SEMI-TRAILER see "Vehicle - Commercial."
SERVICE STATION means an establishment that is used primarily for the retail sale
and direct delivery to motor vehicles of motor fuel and lubricants, as well as lubrication,
washing, repairs and installation of automobile parts and accessories.
SETBACK (OR SETBACK LINE) means a line determined by measurement, parallel
to a lot line, creating an area between the lot line and the setback line in which all structures
(unless otherwise permitted) may not be erected.
SHOPPING CENTER means a group of commercial establishments planned,
developed, owned and managed as a unit, with off-street parking provided on a site of at least
one (1) acre and related in its location, size and type of shops to the trade area which the unit
serves.
SHRUBS AND HEDGES means that shrubs and hedges shall be self-supporting woody
evergreen species and shall be a minimum of two (2') foot in height, immediately after planting_
Plants shall be spaced no more than three (3') feet apart measured from center to center.
SIGN means any device, structure, fixture, or placard using graphics, identifiable
corporate, or business symbols, and/or written copy for the primary purpose of identifying,
providing directions, or advertising any establishment, product, goods or service.
SILVICULTURE means the cultivation and harvesting of forest products for sale and
which has an agricultural exemption from the State.
Rev.4/2/12(Land Development Code) II-31
SINGLE OR SOLE SOURCE AQUIFER means the portion of the Florida Aquifer
underlying most of Volusia County as designated pursuant to the requirements of Chapter 17-
520, F.A.C.
SITE IMPROVEMENT means any man-made alteration to a parcel of land for the
purpose of preparing the land for future construction, the actual construction/renovation of
structure or paving of a surface and/or the planting or installation of permanent landscaping.
SITE PLAN means an illustration of the details of development of areas such as
commercial, industrial, recreational, multi-family, residential and other uses not reflected on the
plat.
SJRWMD means the St. Johns River Water Management District, a state agency
designated by Chapter 373, F.S. with broad authority to manage the waters of the State.
SNIPE SIGN means any sign of any material whatsoever that is attached in any way to a
utility pole, tree or any object located or situated on public or private property.
SPECIMEN TREE means any tree that is unique by reason of age, size, rarity, or status
as a landmark as determined by an arborist or botanist and includes the following species of trees
with the minimum specified diameter in inches at breast height:
Common Name Botanical Name Inches (DBH)
Elm Ulmus spp. 12 plus
Hickory Carya spp. 12 plus
Loblolly Bay Gordonia lasianthus 12 plus
Magnolia Magnolia grandiflora 12 plus
Maple Acer spp. 12 plus
Other Oak Species Quercus spp. 12 plus
Red Bay Persea borbonia 12 plus
Red Cedar Juniperus silicicola 12 plus
Swamp Bay Persea palustris 12 plus
Sweet Bay Magnolia virginiana 12 plus
Sweet Gum Liquidambar styraciflua 12 plus
Sycamore Platanus occidentalis 12 plus
Turkey Oak Quercus laevis 12 plus
Cypress Taxodium spp. 12 Plus
Sugarberry/Hackberry Celtis laevigata 12 Plus
Slash Pine Pinus Elliotti 18 Plus
Longleaf Pine Pinus Palustris 18 Plus
SPILL means the release or escape of a hazardous substance, directly or indirectly to
Rev.4/2/12(Land Development Code) 1I-32
soils, surface waters, or groundwater.
START OF CONSTRUCTION (except for construction, or substantial improvement
under the Coastal Barrier Resources Act, PL97-348) means the date the building permit was
issued and includes the first placement of permanent construction of a structure (including a
manufactured or modular building) on a site or plot, such as the pouring of slabs or footings,
installation of piles, construction of columns or any work beyond the stage of excavation.
Permanent construction does not include land preparation, such as clearing, grading and filling.
STEALTH FACILITY means any telecommunications facility which is designed to
blend into the surrounding environment. Examples of stealth facilities include architecturally
screened roof-mount antennas, antennas integrated into architectural elements, and
telecommunications towers designed to look like light poles, power poles or trees.
STORAGE BUILDING means any structure used to shelter and/or protect equipment,
supplies, chemicals, goods, furniture and the like for use by the principal occupant of the site.
STORAGE, OUTDOOR means the safekeeping of any goods, products, equipment or
vehicles which are customarily incidental to the principal use, in an uncovered outdoor space and
which is screened from view by the general public and neighboring properties.
STORAGE SYSTEM means any one or combination of tanks, sumps, wet floors, waste
treatment facilities, pipes, vaults, or other portable or fixed containers used, or designed to be
used, for the storage of hazardous substances at a facility.
STORY means that part of a building between the surface of a floor and the surface of
the floor next above it, or if there is no floor above it then the space between the floor and the
ceiling above it. For the purposes of this Code the minimum elevation change between a story
shall be ten (10') feet. Any less dimension shall be considered a half-story.
STRUCTURAL ALTERATIONS means any change, except for repair or replacement,
in the supporting members of a building, such as bearing walls, columns, beams or girders, floor
joists or roof joists or any substantial change in the roof or in the exterior walls of a building.
STRUCTURE means anything constructed, installed, or portable, which requires a
location on a parcel of land. It includes a moveable structure while it is located on land which
can be used for housing, business, commercial or industrial purposes whether temporary or
permanent. Structure shall include, but not be limited to walls, billboards, swimming pools and
decks, communication towers, on-site signs, tents, porches, fences, privacy screens, docks, arbor,
gazebos, canopies/temporary carports, sheds and similar structures. Structure shall not include,
pipes, pump stations and any other construction below ground level.
SUBDIVIDER means any person, firm, partnership, association, corporation, estate or
trust or any other group or combination acting as a unit, dividing or proposing to divide land so
as to constitute a subdivision as herein described.
Rev.4/2/12(Land Development Code) II-33
SUBDIVISION means the platting of real property into three (3) or more lots, parcels,
tracts, tiers, blocks, sites, units or any other division of land, and includes establishment of new
streets and alleys, additions, and resubdivisions and when appropriate to the context, relates to
the process of subdividing or to the land or area subdivided. (See Chapter 177.031(18), F.S.)
SUBDIVISION PLAT, PRELIMINARY means a drawing to scale and other
supporting data, of a proposed subdivision prepared for the purposes of establishing the overall
general layout and design for the provision of streets, lots, blocks and the location, plans and
specifications for streets, utilities and other improvements.
SUBDIVISION SIGN means a sign designed as a permanent structure containing only
the name of a subdivision, and not used for promotional purposes.
SUBDIVISION SKETCH PLAN means a drawing, not necessarily to scale, which
shows a conceptual layout of the proposed subdivision.
SUBSTANTIAL DAMAGE See current Florida Building Code.
SUBSTANTIAL IMPROVEMENT See current Florida Building Code.
SURVEYOR means a land surveyor duly registered in the State of Florida.
SWALE means a man-made trench or channel approximately 1-foot deep or less and
having side slopes equal to or greater than 4-foot horizontal to 1-foot vertical.
SWIMMING POOL means a body of water in an artificial or semi-public or private
swimming setting or other water-related recreational activity intended for the use and enjoyment
by adults and/or children, whether or not any charge or fee is imposed upon such adults or
children, operated and maintained by any person, and shall include all structures, appurtenances,
equipment, appliances and other facilities appurtenant to and intended for the operation and
maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs
unless separately identified and shall exclude 110-volt plug-in Jacuzzi/hot tubs.
SWIMMING POOL, COMMERCIAL means a swimming pool and attendant
equipment operated for profit or nonprofit open to the public and/or serving more than one
family.
TATTOO PARLOR/BODY- PIERCING STUDIO means an establishment whose
principal business activity, either in terms of operation or as held out to the public, is the practice
of one or more of the following:
a) The placing of designs, letters, figures, symbols or other marks upon or under the
skin of any person, using ink or other substances which result in the permanent
Rev.4/2/12(Land Development Code) II-34
coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin.
b) The creation of an opening in the body of a person for the purpose of inserting
jewelry or other decoration. This term does not include a permanent makeup
establishment.
TELECOMMUNICATIONS means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in the form or
content.
TELECOMMUNICATION CARRIER means any provider of telecommunications
services, except that such term does not include aggregators of telecommunications services. A
telecommunications carrier shall be treated as a common carrier only to the extent that it is
engaged in providing telecommunications services, except that the FCC shall determine whether
the provision of fixed and mobile satellite services shall be treated as common carriage.
TELECOMMUNICATIONS EQUIPMENT means equipment, other than customer
premises equipment, used by a carrier to provide telecommunications services, and includes
software integral to such equipment (including upgrades).
TELECOMMUNICATION SERVICES means the offering of telecommunications for
a fee directly to the public, or to such classes of users as to be effectively available directly to the
public, regardless of the facilities used.
TEMPORARY SIGN means any sign or advertising display intended for use for a
period of time not to exceed twenty-four (24) days and designed and constructed in accordance
with this intention.
TRAILER means any non self-propelled wheeled vehicle licensed by the State of
Florida as a trailer, not otherwise regulated herein as "Commercial", "Watercraft" or
"Recreational".
TRAILER SIGN means any sign mounted on a vehicle normally licensed by the State of
Florida as a trailer.
TRAVELING LIGHTS SIGN means any sign that includes a series of lights, or
lighting device that appears to move or travel in automatic sequence on the display surface of the
sign.
TREE means any living, self-supporting perennial plant which has a trunk diameter of at
least six inches (6") at D.B.H.
TREE SURVEY means a drawing prepared by a licensed Surveyor or Arborist in a
readable scale for the site's size that provides the location, and common name for each tree equal
Rev.4/2/12(Land Development Code) II-35
to or greater than the defined DBH per each specimen and historic tree. The survey shall include
a numbered list of the identified trees.
TRIP means a single or one-way vehicle movement.
TRIP END means the origin or destination of a trip.
TRIP GENERATION means the total number of trip ends produced by a specific land
use or activity.
UNLICENSED WIRELESS SERVICES means the offering of telecommunications
services using duly authorized devices which do not require individual licenses; direct-to-home
satellite services are excluded from this definition.
USE means the purpose for which land or a structure thereon is designed, arranged or
intended to be occupied or utilized, or for which it is occupied or maintained.
Use, Permitted - means a use which is permitted in a particular zoning
district providing it conforms with all requirements,
regulations and standards of such district.
Use, Principal - means the primary purpose for which the land or building
used as permitted by the applicable zoning district.
UTILITIES means, but is not limited to: water systems, electrical power, sanitary sewer
systems, stormwater management systems, gas systems, communication systems, telephone and
television cable systems, and street lighting.
UTILITY SHED means a building either constructed on site or pre-manufactured,
containing 120 square feet or less.
UTILITY SERVICE FACILITIES means elements of utility distribution, collection or
transmission networks required by their nature to be relatively dispersed throughout the service
area. Typical facilities include, but are not limited to, electrical substations and telephone
exchange structures.
VARIANCE means a modification of the strict application of site development
requirements related to yard setbacks, building height, parking requirements, landscaping,
drainage, and/or signage.
VEHICLE means any self-propelled conveyance designed and used for the purpose of
transporting or moving persons, animals, freight, merchandise or any substance.
VEHICLE, ABANDONED means a vehicle that has no appearance of use for 60 days
or more. Indication of an abandoned vehicle may include: no maintenance, no cover or
Rev.4/2/12 (Land Development Code) II-36
screening, grass and weeds growing under and around vehicle and/or flat tires.
VEHICLE, COMMERCIAL means any vehicle, concession wagon, semi-trailer cab, or
trailer with a rated capacity of more than one ton, and/or has more than two (2) axels, is over
twenty-four(24) feet long, is intended or used for the transportation of people or goods as part of
a business; and/or is either commercially or privately registered. Commercial vehicle shall not
include rental vehicles designed for temporary personal use.
VEHICLE, LICENSED means any vehicle which is currently licensed by the State of
Florida
VEHICLE, MARINE means any vehicle designed for and used on any water body.
VEHICLE PAINT AND BODY SHOP See "Automotive Paint and Body Shop."
VEHICLE ACCESSORY INSTALLATION means the following:
(a) Vehicle tune-up shops.
(b) Installation, repair or services of vehicle glass, sun roofs, convertible tops,
interiors, tinting, audio equipment, alarms and similar items.
(c) Installation, repair or servicing of vehicle brakes, shock absorbers,
radiators or air conditioning devices.
(d) Installation, repair or servicing of vehicle electrical or ignition systems.
(e) Washing, waxing, accenting and similar activities commonly known as
detailing.
VEHICLE REPAIR means all maintenance of and modification and repairs to motor
vehicles, and diagnostic work incident thereto, including, but not limited to, the rebuilding or
restoring of rebuilt vehicles, warranty work, and other work customarily undertaken by motor
vehicle repair shops.
VESTED RIGHTS, COMMON LAW means a right not created by statute or the
provisions of the City of Edgewater Comprehensive Plan which would authorize the
development of real property or the continued development of real property notwithstanding the
provisions of the City of Edgewater Comprehensive Plan. The assignment of a particular zoning
classification, or a particular land use designation to a parcel of real property does not guarantee
or vest any specific development rights to any person or entity as to said real property.
VESTED RIGHTS, STATUTORY See Section 21.07.
VIOLATION means non-conformance with a code or ordinance, intentionally or
unintentionally.
WALL SIGN means any sign painted on, or attached essentially parallel to, the outside
wall of any building and supported by such wall with no copy on the sides or edges.
Rev.4/2/12(Land Development Code) 1I-37
WAREHOUSE means a structure that stores goods and/or merchandise for use off-site.
WATERS means and shall include but not be limited to rivers, lakes, streams, springs,
impoundments and all other waters or bodies of water whether surface or subsurface and whether
navigable or non-navigable. The term shall encompass all bottom lands lying below the mean
high water mark, whether said bottom lands are submerged or not.
WATERS OF THE UNITED STATES means surface and ground waters as defined by
40 Code of the Federal Register 122.2.
WATERCRAFT means any vehicle designed for use in water.
WATERWAY means a channel, creek, ditch, drainage way, dry run, spring, stream,
river and canal; but not a lake, pond or pool without a water outlet.
WELL means any excavation that is drilled, cored, bored, washed, driven, dug,jetted, or
otherwise constructed when the intended use of such excavation is for the location, acquisition,
development, or artificial recharge of groundwater.
WELLFIELD means an area of land that contains one or more potable water supply
wells.
WELLHEAD PROTECTION AREA means an area designated by the City, upon the
advice of the SJRWMD, to provide land use protection for the groundwater source for a potable
water wellfield, including the surface and subsurface area surrounding the wellfield.
WELLFIELD PROTECTION ZONE - PRIMARY means the land area immediately
surrounding any potable water supply well and extending a radial distance of five hundred feet
(500') from said well(s).
WELLFIELD PROTECTION ZONE - SECONDARY means the land area, adjacent
and surrounding the primary wellfield protection zone extending and defined by a radial distance
of one thousand feet (1,000') from the well(s).
WELLFIELD PROTECTION ZONE PERMIT means that permit issued by the city
authorizing the activities.
WET BOTTOM means any water retention, detention, or conveyance facility which
cannot evacuate its water level (naturally or artificially) below its design bottom within seventy-
two 72 hours of its design storm event or those tidally influenced facilities that contain water
above their bottom more than twelve (12) hours a day.
WETLANDS means those areas that are inundated or saturated by surface water or
ground water at a frequency and a duration sufficient to support, and under normal circumstances
Rev.4/2/12(Land Development Code) 11-3 8
do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present
in wetlands generally are classified as hydric or alluvial, or possess characteristics that are
associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists
of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil
conditions described above. These species, due to morphological, physiological, or reproductive
adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic
soil conditions. Florida wetlands generally include, but are not limited to, swamps, marshes,
bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes,
hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida
wetlands generally do not include longleaf or slash pine flatwoods with an under story dominated
by saw palmetto. The delineation of actual wetland boundaries may be made by any
professionally accepted methodology consistent with the type of wetlands being delineated but
shall be consistent with any unified statewide methodology for the delineation of the extent of
wetlands ratified by the Legislature.
WETLAND BOUNDARY means the location on the ground where:
(a) The vegetation type shifts from dominantly wetland types to dominantly
upland species; or
(b) The soil type shifts from dominantly wetland types to dominantly upland
types; or
(c) Flooding, inundation, or saturated soil indicators are no longer present.
WETLAND BUFFER means the twenty-five feet (25') upland areas adjacent to
wetlands that protect the wetlands and consists of the existing canopy, under story, and
groundcover.
WETLAND MITIGATION means any action to restore and/or create wetlands in
compensation for permitted development activities.
WHIP ANTENNA means a cylindrical antenna that transmits signals in three hundred
and sixty(360) degrees.
WINDOW SIGN means any sign on a window facing the outside and which is intended
to be seen from the exterior.
WRECKER/TOW TRUCK means a motor vehicle equipped with hoisting apparatus or
other equipment designed for the towing or servicing of wrecked, disabled or inoperable
automobiles, trucks, motor vehicles or industrial equipment.
XERISCAPE means a landscaping method that maximizes the conservation of water by
the use of site-appropriate plants and an efficient watering system. The principles of xeriscape
include planning and design, appropriate choice of plants, soil analysis, the use of solid waste
compost, efficient irrigation, practical use of turf, appropriate use of mulches, and proper
maintenance.
Rev.4/2/12(Land Development Code) II-39
YARD means a required open space clear from the ground surface upward, unoccupied
and unobstructed by any structure except for fences, walls, trees, and other living landscape
material as provided herein.
Rev.4/2/12(Land Development Code) II-40
Proposed Article VI (Sign Regulations)
Amendments
ARTICLE VI
SIGN REGULATIONS
SECTION 21-60—GENERAL PROVISIONS
21-60.01 - Purpose
The purpose of sign regulations is to protect,preserve and improve the character and appearance of
the City and to provide opportunity to advertise in commercial and industrial areas. It is further the
intent to limit signs in residential and agricultural areas to essential signs,primarily for the purpose
of identification and information.These regulations shall be the minimum requirements necessary to
accomplish these purposes and to protect the public health, safety and general welfare.
In addition to City-wide sign regulations contained in this Article,the City of Edgewater has adopted
the Indian River Boulevard-S.R. 442 Corridor Design Regulations and the Ridgewood Avenue
Corridor Design Regulations which are incorporated as Article XVIII and Article XX respectively in
this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard
Corridor-S.R. 442 Design Regulations and Article XX, Ridgewood Avenue Corridor Design
Regulations, shall supercedesupersede and compliment the requirements set forth in this Article.
Properties located within the Indian River Boulevard Corridor-S.R. 442 Overlay and/or the
Ridgewood Avenue Corridor Overlay must adhere to the sign design regulations contained in the
Indian River Boulevard Corridor Design Regulations and the Ridgewood Avenue Corridor Design
Regulations. A copy of these regulations and illustrations for design is-are available for purchase at
City Hall. It is the Developer's responsibility to obtain a copy of the regulations for the Overlays
prior to conceptual design layout.
21-60.02 - General Provisions
The following general provisions shall apply to every sign erected in the City.
a. The name and address of the company or person installing any sign and the name and address of
the company or person maintaining any sign, the date of erection and the voltage of any
electrical apparatus shall be permanently affixed on a weather resistant label.
b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light
intensity or brightness shall not affect adversely the safe vision of operations of vehicles in any
public or private road,highway,driveway or parking area. Such light shall not shine directly on
or into any residential structure.
c. All signs shall be designed and constructed to withstand a wind load pressure of not less than
twenty-five (25) pounds per square foot of area or as required by any applicable code or
ordinance, whichever is more restrictive.
d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet
Rev.1 1-7-11(LandDevelopmentCode) VI-1
(15')from any portion of such sign touching the ground and the area around ground sign shall be
kept free of any material that might constitute a fire or health hazard.
t1-.c. The numeric street address of the property upon which the sign is located shall be identified on
the side and front of the sign. The street address numbers shall be between six(6)to twelve(12)
inches in height.
21-60.03 -Permits
a. No person shall operate,maintain,erect,alter,repair or relocate any signs until the Development
Services Director and Building Official has determined that the proposed sign substantially
complies with the requirements of this Article.
b. Application for a sign permit shall be on forms provided by the City Building Official and shall,
at a minimum, contain the following information:
1. The name,address and telephone number of the applicant,the owner of the sign and
the owner of the property on which the sign is to be located; and
2. The address, if any, and legal description of the premises on which the sign is to be
located; and
3. A drawing to scale,in duplicate,showing the size,height,location,structural details
and dimensions of the sign and sign structure; and
4. Two drawings to scale showing the position of the sign and any other existing
advertising structures in relation to the buildings or structures on the premises and to
the boundaries of the property; and
5. The signatures of the applicant and the owner of the property or in the event the
owner is not available,written evidence of the owner's permission for the erection of
the sign; and
6. Such other information as may be necessary to demonstrate compliance with this
Article including, but not limited to, engineers' drawings.
c. All signs shall be erected, altered, operated and maintained in compliance with the Standard
Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall be
deemed to comply with the wind load requirements of the Florida Building Code by submission
of plans and specifications to the Building Official.
d. The Development Services Director and Building Official shall conduct a timely review of the
sign permit application and shall either issue the permit or provide the applicant with a written
statement of the reasons for denial.
Rev.11-7-11 (LandDevelopmentCode) VI-2
e. Appeals of Building Official decisions regarding construction issues shall be made to the
Construction Board of Adjustment and Appeals. Appeals of other sign related issues shall be
made in accordance with Article I.
21-60.04 - Prohibited Signs
The following signs are prohibited in the City:
a. No person shall erect a sign on or over any public property or public right-of-way, except in
accordance with a banner sign or franchise agreement approved by the City Council. Any
sign(s)installed on public property shall be forfeited to the public and subject to confiscation at
the owners' cost.
b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City of
Edgewater.
c. Roof signs,billboards, inflatable signs, snipe signs,banners,pennants,wind operated devices,
sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs with
moving or alternating or traveling lights are prohibited, except as limited elsewhere in this
Article.Time and temperature signs and lighted moving message boards less than 35 square feet
in area shall not be subject to this prohibition.
d. Projecting signs within an area bounded by the intersection of two rights-of-way and points fifty
feet (50') from such intersections measured along the rights-of-way except as permitted
elsewhere in this Article.
e. Pursuant to Chapter 316.077, F.S., no sign shall be permitted which is an imitation of or
resembles an official traffic control device.
Commercial Mascots, as defined in Article II.
21-60.05 -Exemptions
The following signs shall be exempt from the permitting requirements of this Article.
a. Signs less than six (6) square feet in area and used only to identify the property address and
occupant's name.
b. Legal notices posted by authorized persons of a governmental body.
c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private
property, provided that such sign shall contain no advertising material and shall not exceed 4
square feet in total area. The letters shall not exceed eight inches (8") in height. If the sign
includes any advertising or logo, a sign permit shall be required.
Rev.11-7-11 (LandDevelopmentCode) V1-3
21-63.04 - Special Events Signs
Sign permit applications for special athletic, civic or charitable events located in or across right-of-
ways shall be submitted to the City Clerk's office for the City Council's review and approval.
SECTION 21-64 - NON-CONFORMING SIGNS
Any existing sign that is in violation of this Article at the effective date of this Chapter shall be
deemed a legal non-conforming sign. Such signs may be continued subject to the conditions
described below.
21-64.01 -Amortization
a. No non-conforming sign shall be altered, moved or repaired in any way except in full
compliance with the terms of this Article. This provision shall not apply to the changing of
temporary copy of changeable copy signs or to repairs necessary to maintain the structural
integrity or safety of a sign so long as such repairs do not exceed fifty-one percent(51%)of the
replacement cost of such sign.
b. All non-conforming -.
on-conforming signs shall . - . . . - .. - -• ..• -• � - • -
--. .- 4 I I . . • •- . . •_ • be maintained in good repair, subject to the
conditions above.
c. Failure to remove non-conforming signs by February 14,200'1 may subject the sign owner to the
code compliance provisions of Article X. In this regard, a sign owner may enter into a sign
agreement as described in Section 21-65.
21-64.02 - Removal
a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having
beneficial use of the premises on which sign is located and shall be removed within thirty(30)
days of written notification by the Code Compliance Department.
b. Upon failure to comply with such notice,the Code Compliance Department shall cause the sign
to be removed at the owner's expense, including any interest that may have accrued.
c. Failure to pay such costs within thirty(30)days of the written notification of the removal costs
shall create a lien against the sign owner in favor of the City.
SECTION 21-65 - SIGN AGREEMENTS
The purpose of this Section is to provide a process and criteria by which the City can bring illegal
and/or non-conforming signs into compliance without adjudication by the Code Compliance Board
Rev.11-7-11 (LandDevelopmentCode) VI-1 1
Proposed Article XVIII
(Indian River Boulevard - S.R. 442 Corridor Design Regulations)
Amendments
21-460.02 —Guidelines for Nonconforming Structures
a. No nonconforming structure shall be enlarged, replaced or altered in any way which
increases it's nonconformity except in conformance with these regulations.;
b. It is further stated that any alterations, replacement or modification of the exterior of
a nonconforming structure shall comply with these design guidelines to the
maximum extent feasible.;
c. Nonconforming structures may be restored to a safe condition if declared unsafe,
providing that such restoration does not constitute more than fifty-percent (50%) of
the structure's appraised fair market value.;
d. If damaged by more than fifty-percent (50%) of its appraised fair market value, a
nonconforming structure shall not be restored except in conformance with these
regulations_
e. Nonconforming structures may have normal repair and maintenance performed to
permit continuation of the nonconforming structure..-
21-460.03 — Existing Nonconforming Signs
a. No nonconforming sign shall be enlarged, replaced or altered in any way which
• • ' •-• except in conformance with these regulations.
b. It is further stated that any alterations, replacement or modification of the exterior of
a nonconforming sign shall comply with these design guidelines to the maximum
extent feasible.
c. Non-conforming signs shall be brought into conformance with this Article within a
five (5) year grace period of the date of any permit issuance to modify and/or
improve said non-conforming sign. No permits to modify and/or improve a non-
conforming sign which heretofore grants the five (5) year grace period and does not
bring said non-conforming sign into conformance with this Article shall be issued
after December 31, 2015.
SECTION 21-470 -RESERVED
SECTION 21-480 -RESERVED
SECTION 21-490 -RESERVED
Rev.6-20-1 1(LandDevelopmentCode) XVIII-17
Proposed Article XX
(Ridgewood Avenue Corridor Design Regulations)
Amendments
21-660.02—Guidelines for Nonconforming Structures
a. No nonconforming structure and/or signage shall be enlarged, replaced or altered in any way
which increases ifs nonconformity except in conformance with these regulations;
b. It is further stated that any alterations, replacement or modification of the exterior of a
nonconforming structure and/or signage shall comply with these design guidelines to the
maximum extent feasible;
c. Nonconforming structures and/or signage may be restored to a safe condition if declared
unsafe, providing that such restoration does not constitute more than fifty-percent(50%) of the
structure's appraised fair market value,with the following exception:
1. Any existing single-family residential use considered non-conforming and permitted
prior to the adoption of this Code may be permitted to restore damaged or destroyed
buildings, not to exceed the existing footprint(prior to the damage or destruction), unless
approval of a variance is granted by City Council to expand the footprint of the structure.
City Council may also consider requests to waive the application fee.
d. If damaged by more than fifty-percent (50%) of its appraised fair market value, a
nonconforming structure and/or signage shall not be restored except in conformance with
these regulations,with the following exception:
1. Any existing single-family residential use considered non-conforming and permitted
prior to the adoption of this Code may be permitted to restore damaged or destroyed
buildings, not to exceed the existing footprint (prior to the damage or destruction),
unless approval of a variance is granted by City Council to expand the footprint of the
structure. City Council may also consider requests to waive the application fee.
e. Nonconforming structures and/or signage may have normal repair and maintenance
performed to permit continuation of the nonconforming structure.
21-660.03—Existing Nonconforming Signs
a. No nonconforming sign shall be enlarged, replaced or altered in any • .. . -
except in conformance with these regulations.
b. It is further stated that any alterations, replacement or modification of a nonconforming sign
shall comply with these design guidelines to the maximum extent feasible.
c. Non-conforming signs shall be brought into conformance with this Article within a five(5) year
grace period of the date of any permit issuance to modify and/or improve said non-conforming
sign. No permits to modify and/or improve a non-conforming sign which heretofore grants the
five (5) year grace period and does not bring said non-conforming sign into conformance with
this Article shall be issued after December 31, 2015.
SECTION 21-670-RESERVED
SECTION 21-680-RESERVED
SECTION 21-690-RESERVED
XX-13
Rev.6-20-11
Sb
AGENDA REQUEST
C.A. #2012-TA-1202
Date: August 8, 2012
PUBLIC
HEARING August 20, 2012 RESOLUTION ORDINANCE X
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
2°d Reading—Ordinance No. 2012-0-07 Land Development Code (LDC) text amendments to Article III
(Permitted, Conditional, Accessory and Prohibited Uses),
Section 21-36.03 — (Outdoor Storage and Display:
Commercial/Industrial).
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Approval of the proposed text amendments to the LDC.
BACKGROUND: City staff proposes the following amendments to the above-referenced Article:
• Section 21-36.03 — "Outdoor Storage and Display: Commercial/Industrial" — providing additional language
regarding permitted items to be displayed outdoors, prohibiting obstruction of visibility at intersections and
screening of new outdoor garden supply areas.
The Planning and Zoning Board recommended approval by a vote of 7-0 on June 13, 2012.
City Council approved first reading of this Ordinance by a vote of 4-0 on July 16,2012.
STAFF RECOMMENDATION:
Staff recommends approving Ordinance 2012-0-07; LDC text amendments to Article III(Permitted,Conditional,
Accessory and Prohibited Uses), Section 21-36.03 —(Outdoor Storage and Display: Commercial/Industrial).
ACTION REQUESTED:
Motion to approve Ordinance 2012-0-07.
FINANCIAL IMPACT:(Finance Director)N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: 7/16/2012 AGENDA ITEM# 8b
Respect submitted, Concurrence:
CbtjjcfrillY-WOE/P.,:J0
Dan- Lear / Robin L. Matusick
Development Services Director Paralegal
41 . ..
racey ' :ar ow
City Manager
ORDINANCE NO. 2012-0-07
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21-36.03 (OUTDOOR
STORAGE AND DISPLAY: COMMERCIAL/INDUSTRIAL)
OF CHAPTER 21 (LAND DEVELOPMENT CODE);
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On April 2, 2012, Council adopted Ordinance #2012-0-01 which amended and
restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional, Accessory
and Prohibited Uses).
5. Adoption of this Ordinance will modify Article III (Permitted, Conditional,
Accessory and Prohibited Uses), Section 21-36.03 (Outdoor Storage and Display:
Commercial/Industrial) of Chapter 21 (Land Development Code).
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21-36.03 (OUTDOOR
STORAGE AND DISPLAY: COMMERCIAL/INDUSTRIAL)
OF CHAPTER 21 (LAND DEVELOPMENT CODE), CITY
OF EDGEWATER, FLORIDA.
1
Strike4hfough passages are deleted.
Underlined passages are added.
#2012-0-07
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article III (Permitted, Conditional, Accessory and Prohibited Uses),
Section 21-36.03 (Outdoor Storage and Display: Commercial/Industrial) of Chapter 21 (Land
Development Code) as set forth in Exhibit "A" which are attached hereto and incorporated
herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
2
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Underlined passages are added.
#2012-0-07
PART F. ADOPTION.
After Motion to approve by Councilwoman Bennington and Second by Councilman
Kennedy, the vote on the first reading of this ordinance held on July 16, 2012 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin A. Kennedy X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak EXCUSED
Councilman Gene Emter X
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
3
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Underlined passages are added.
#2012-0-07
PASSED AND DULY ADOPTED this day of , 2012.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of
legality by: Aaron R. Wolfe, Esquire , 2012 under Agenda Item No.
City Attorney .
Doran, Sims, Wolfe&Kundid
4
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Underlined passages are added.
#2012-0-07
Exhibit "A"
5
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Underlined passages are added.
#2012-0-07
21-36.03—Outdoor Storage and Display: Commercial/Industrial
The purpose of this Section is to provide regulations for the location of outdoor storage and
display facilities where such storage is an accessory use and a part of normal operations on the
premises.
a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain
commercial and industrial districts as indicated in Table III-3. Such outdoor storage or
display shall not be located adjacent to any residential district or use unless such storage or
display is screened from the view of the neighboring residential district or use.
b. No outdoor storage may be located in any required front yard, parking areas, fire zones,
loading areas or access lanes.
c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence
or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic
entering or leaving the site. Existing sites with a chain link fence may be enclosed with
slatting. New sites shall require stockade fencing or masonry wall.
d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and
similar materials, which are subject to being scattered or blown about the premises by normal
weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or
building shall be located in a public right-of-way, utility or drainage easement.
e. Commercial outdoor display of merchandise may be permitted as an accessory use within the
required front, side or rear yard areas, providing that such outdoor display shall not be
located adjacent to a residential street.
f. The sale, storage, or display of all products not normally found or used outdoors shall be
conducted from indoor locations only.
g. Outdoor display of products shall be limited to items typically associated due to their nature,
size or construction with common outdoor usage or sales. Merchandise typically permitted
for outdoor display include, but are not limited to: sales, display and rental of vehicles, boats
and mobile homes, plant nurseries and sale of landscape materials, swimming pools and spas,
lawn mowers, lawn furniture, basketball nets, volleyball equipment, Christmas trees,
pumpkins at Halloween, tomato plants, harvested fruits and vegetables etc. Merchandise
typically not permitted for outdoor display include, but are not limited to: indoor furniture,
stoves, ranges, bathroom fixtures, clothing, bedding mattresses, etc. This section shall not
apply to permitted garage/yard sales, authorized farmers/craft markets and permitted special
activities/events.
h. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet
(10') from the front and side corner property line and five feet (5') from the interior side and
rear property line. Landscaping shall be installed in this area on any adjacent local street.
i. All display merchandise and related display equipment shall be removed at the close of
business each day. This shall not include vehicles, boats, mobile homes, large lawn/
construction equipment and campers displayed for rent or sale. No outdoor display areas
shall be permitted within required parking spaces or areas, public sidewalks or pedestrian or
vehicular access areas, parking aisles, driveway entrances or exits. No outdoor display areas
shall obstruct visibility triangles at intersections or at points of ingress or egress to the
business.
j. All new outdoor garden supply areas shall be screened from public view, the public right-of-
way and incorporated into the architecture of the principle building.
k. All unattended machines dispensing a product, with the exception of ice and water machines,
LP gas, newspaper machines (general circulation), shall be located indoors.
)0 Gk.
AGENDA REQUEST
Date: August 20, 2012
#2012-093
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS August 20, 2012
ITEM DESCRIPTION:
Approval of Contractor for the Wastewater Treatment Plant Renewal & Replacement on the existing
WWTP site.
BACKGROUND:
The City completed the pre-qualification process to approve 14 contractors to bid the above referenced
project. Of the 14 approved Contractors six (6) bids were received. The recommended Company has
the necessary experience and abilities to effectively construct this project.
Respondents: Total
Brandes Design-Build Inc $6,347,283
Florida Design Contractors $6,534,099
WPC Industrial Contractors $6,539,000
Ortega Industrial Contractors $6,637,158
McMahan Construction $6,827,000
Wharton-Smith Inc. $6,812,000
Attachments:
Selection Committee Bid Tabulation
Contract
STAFF RECOMMENDATION:
Staff recommends approval of award to Brandes Design-Build Inc for the construction of the
Wastewater Treatment Plant Renewal & Replacement project.
ACTION REQUESTED:
Motion to award construction of the Wastewater Treatment Plant Renewal & Replacement project to
Brandes Design-Build Inc and authorize City Manager to execute the contract contingent upon funding
approval by FDEP Bureau of Water Facilities Funding.
FINANCIAL IMPACT: (Acting Finance Director)
Funding
Initial SRF Loan $5,641,097
Future SRF Loan Amendment 706,186
Total Funding $6,347,283
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES X NO
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: AGENDA ITEM#
Respectfully submitted, Concurrence:
Steve Ba G7 Robin L. Matusick
Acting Finance Director Paralegal
/ r
1/ . `--
racey T. Barlow
City Manager
MARK A.HAMPTON,P . Quentin L. Hampton Associates,Inc. TELEPHONE.(386)761-6810
BRAD T.BLAIS,P.E. Consulting Engineers FAX:(386)761-3977.
DAVID A.KING,P.E. g g EMAIL:glhaggiha.com
ANDREW M.GIANNINI,P.E. P.O.DRAWER 290247
KEVIN A.LEE,P:E. PORT ORANGE,FLORIDA 32129-0247
August 1,2012
Brenda Dewees
Public Works Director
City of Edgewater
P.O.Box 100
Edgewater,FL 32032
WASTEWATER TREATMENT PLANT RENEWAL AND REPLACEMENT
RECOMMENDATION OF CONTRACT AWARD
BID NO.12-ES-010
SRF#WW64052
Dear Ms.Dewees:
The City completed a pre-qualification process to approve 14 contractors to bid the above referenced
project. Of the 14 approved Contractors six (6) bids were received on July 25, 2012. Enclosed is the
certified bid tabulation for the bids received.Brandes Design-Build,Inc.of Clearwater submitted the lowest
base bid of$5,611,000.00 and the lowest base bid,plus alternates,totaling$6,347,283.00.
We have reviewed Brandes Design-Build Inc. bid documents and found them complete and accurate.
Brandes Design-Build,Inc.has an active State General Contractor license with no active complaints, During
the pre-qualification process all of their references were contacted by the City and they are a qualified
Contractor. QLH has completed projects with Brandes Design-Build, Inc. in the past and they have
performed adequately.We believe Brandes Design-Build, Inc.has the necessary experience and abilities to
effectively construct this project.
Sincerely,
QUENTIN L.HAMPTON ASSOCIATES,INC.
evin A.Lee, P.E.
Project Engineer
KAL:ah
Enclosure
cc:Tracey Barlow,City of Edgewater
John McKinney,City of Edgewater
Robert Holmden,FDEP
EW69 Recommendation
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1- o an Sims Wolfe Kundid
attcal.til L caocclterrl
Attorneys a t Law
DAVID L.BLACK
TIIEODORk:R.DORAN (1900-1974)
MlclI o:I,A.KU\DID A PARTNERSHIP OFPROFESSIO\A1,1,SSOCIATIONS/I.LCs
BARBARA C.REID
G.LARRY SIMS
AARON R.A1'OLFE REPLI"I'O:
awolfe cr doranlaw.com
August 1, 2012
Robert Holmden, P.E., Chief
Bureau of Water Facilities Funding •
Florida Department of Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Ff, 32399-2400
City of Edgewater
S.R.F. Project# DW64052
WWTP Renewal and Replacement
Dear Mr. I-Iolmden:
I am the duly appointed City Attorney for the City of Edgewater, Florida and am advised that
the City proposes to borrow approximately$6,350,000,00 plus capitalized interest,pursuant to the State
Revolving Fund Water Facilities Funding loan application for construction of the City's WWTP
Renewal and Replacement project(the"Loan"). The Loan is proposed to be secured by a pledge of the
net revenues of the City's water and sewer system and impact fees("Net Revenues"). This is to advise
you that the Net Revenues are currently pledged to certain outstanding obligations identified below.
Additionally,under the terms of these obligations, the City is required to set rates at a level sufficient
to pay, among other things, all obligations payable from the Net Water, Sewer, and Impact Fee
Revenues.
The Pledged Revenues shall be expressly subject and subordinate to the following prior liens:
City of Edgewater Water and Wastewater System Refunding Revenue Bond,
Series 2009
City of Edgewater Water and Wastewater Revenue Bond, Series 2012
Under Florida law and the provisions of the outstanding obligations, the City is authorized to
pledge the Net Revenues and has legal authority to increase rates to provide for the payment of the
Loan.
Peer Review Rated
M n -Flobl .)1 1
102o\C.INTERNA'1'ION il.SPEEDWAY HI,A'I).•SUITE 100•D YTONA BEACH,FLORIDA 32114
MAILING ADDRESS: POST OFFICE BON 15110•DAYTON.A BEACH,FT.32115•(386)253-1111•FAX(386)253-4260
TOLL FREE(888)301-3166•E-MAIL:lawfr,,i @'doranlaw.co,n•\VI])SITE:www.doranlaw.com
Robert Holmden, P.E.
August 1, 2012
Page 2 of 2
If I can be of further assistance to you in connection with the Loan, please contact me at your
convenience.
Sincerely,
Aaron R. Toll.
City Attorr •
ARW:kl
cc: John McKinney, City of Edgewater
Brenda I)ewees, City of Edgewater
SECTION 00500
AGREEMENT FOR
WASTEWATER TREATMENT PLANT RENEWAL AND REPLACEMENT
BID NO.ITB 12-ES-010
SRF#WW64052
THIS AGREEMENT,made this day of ,20_,by and between the
CITY OF EDGEWATER, a municipal corporation (hereinafter referred to as "City"), whose
mailing address is P.O.Box 100,Edgewater,Florida 32132-0100 and Brandes Design-Build,Inc.
(hereinafter referred to as "Contractor"), whose mailing
address is
ARTICLE 1 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others.
Contractor agrees to furnish all labor, superintendence, materials, plant and other utilities for,
perform all work necessary for or incidental to,and to perform all other obligations imposed by this
Contract for the Construction of:
WASTEWATER TREATMENT PLANT RENEWAL AND REPLACEMENT
BID NO.ITB 12-ES-010
SRF#WW64052
herein called for,in strict accordance with the Drawings and Specifications prepared by Quentin L.
Hampton Associates, Inc., Engineers, which Contract include, but is not limited to, the following
Contract Documents:
a. Invitation b. Instructions
c. Proposal d. This Agreement
e. Performance Bond f. Certificate of Insurance
g. Specifications h. Addenda(if any)
i. Drawings
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The date of commencement of the Work shall be fixed in a notice to proceed issued by the
City.
2.2 The Contract Time shall be measured from the date of commencement.
2.3 The Contractor shall achieve Substantial Completion of the Work not later than 450
calendar days from the date of commencement with an additional 30 days for final
completion,or as follows:
00500 - 1
subject to adjustments of
this Contract Time or as provided in the Contract Documents.
ARTICLE 3 CONTRACT SUM
3.1 The City shall pay the Contractor the Contract Sum in current funds for the Contractor's
performance of the Contract. The Contract Sum shall be Six Million,Three Hundred Forty
Seven Thousand,Two Hundred Eighty Three Dollars and no/100
dollars($ 6,347,283.00 ),subject to additions
and deletions as provided in the Contract Documents.
3.2 The Contract Sum is based upon the following alternates,if any,which are described in the
Contract Documents and are hereby accepted by the City:
3.3 Unit prices, if any, are as follows:
Unit prices identified in the Contractor's Bid/Proposal may be used by the City in its sole
discretion to calculate the pricing of change order work or extra work.
ARTICLE 4 PAYMENTS
4.1 PROGRESS PAYMENTS
4.1.1 Based upon Applications for Payment submitted to the Engineer by the Contractor and
Certificates for Payment issued by the Engineer,the City shall make progress payments on
account of the Contract Sum to the Contractor as provided below and elsewhere in the
Contract Documents. The period covered by each Application for Payment shall be one
calendar month ending on the last day of the month.
The City shall establish a schedule of values that will serve as a basis for progress payments.
The schedule of values shall be submitted with each application for payment.
4.1.2 Provided that an Application for Payment is received by the Engineer not later than the 25th
day of a month,the City shall make payments to the Contractor not later than the 15th day of
the following month,provided that the Application has been approved by the Engineer and
the City. If an Application for Payment is received by the Engineer after the date fixed
above, payment shall be made by the City not later than 25 days after the Engineer receives
the Application for Payment, provided that the Application has been approved by the
Engineer and the City. The City shall make such progress payments to the Contractor on the
basis of a duly certified and approved estimate by the Engineer of the work performed in an
amount equal to ninety percent(90%)of the duly certified and approved estimate. To insure
proper performance of this Contract,the City shall retain ten percent(10%)of the amount of
00500 - 2
(50%) complete, the City, in its absolute discretion, may reduce retainage to five percent
(5%)of the amount of each payment duly certified and approved thereafter.
4.2 FINAL PAYMENT
4.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by
the City to the Contractor when:
1. the Contractor has fully performed the Contract except for the Contractor's
responsibility to correct Work as provided in Paragraph 17.2, and to satisfy other
requirements, if any, which extend beyond final payment; and
2. a final Certificate for Payment has been issued by the Engineer.
4.2.2 The City's final payment to the Contractor shall be made as follows:
Upon completion of the entire work under the Contract, the Engineer shall make a final
inspection and certify the completion to the City. Upon approval of the completion
certificate by the City,the City shall notify the Contractor and the Surety of the satisfactory
completion of the Work and,except as provided for in the Specifications, shall make final
payment to the Contractor not later than thirty (30) days after written acceptance by the
Contractor of the completion certification and the computation of the final amount due.
ARTICLE 5 NUMERATIONS OF THE CONTRACT DOCUMENTS
5.1 The Contract Documents are listed in Article 6 and, except for Modifications issued after
execution of this Agreement,are enumerated as follows:
5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Form of
Agreement Between City and Contractor,AIA Document A107-1997,as modified for this
project.
5.1.2 The Specifications for the Contract are those contained in the Project Manual for Bid No.----
, Prepared by Quentin Hampton and Associates, Inc, dated November 2011,
Document Title Pages
5.1.3 The Specifications are those contained in the Project Manual for Bid No. ,prepared
by Quentin Hampton&Associates,Inc, dated November 2010, dated as in Subparagraph
5.1.2, and are as follows:
Section Title Pages
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5.1.4 The Drawings are as follows,and are dated November 2011 unless a different date is shown
below:
Number Title Pages
5.1.5 The Addenda, if any,are as follows:
Number Date Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 5.
5.1.6 Other documents,if any,forming part of the Contract Documents is as follows:
See Project Manual for Bid No. , prepared by Quentin Hampton & Associates, Inc,
dated November 2011.
GENERAL CONDITIONS
ARTICLE 6 THE CONTRACT DOCUMENTS
6.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement with Conditions of the Contract
(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued
prior to the execution of this Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement. A Modification is (1) a written
amendment to the Contract signed by both parties, (2)a Change Order, (3)a Construction
Change Directive or (4) a written order for a minor change in the Work issued by the
Engineer. The intent of the Contract Documents is to include all items necessary for the
proper execution and completion of the Work by the Contractor. The Contract Documents
are complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the indicated
results.
6.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the
entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The Contract may be amended or
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modified only by a Modification. The Contract Document shall not be construed to create a
contractual relationship of any kind(1)between the Engineer and Contractor,(2)between the
City and a Subcontractor or sub-subcontractor, (3) between the City and Engineer or (4)
between any persons or entities other than the City and Contractor.
6.3 THE WORK
The term"Work"means the construction and services required by the Contract Documents,
whether completed or partially completed,and includes all other labor,materials,equipment
and services provided or to be provided by the Contractor to fulfill the Contractor's
obligations. The work may constitute the whole or a part of the Project.
6.4 EXECUTION OF THE CONTRACT
Execution of the Contract by the Contractor is a representation that the Contractor has visited
the site, become generally familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents.
6.5 OWNERSHIP AND USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND
OTHER INSTRUMENTS OF SERVICE
The Drawings, Specifications and other documents, including those in electronic form,
prepared by the Engineer and the Engineer's consultants are Instruments of Service through
which the Work to be executed by the Contractor is described. The Contractor may retain
one record set. Neither the Contractor nor any Subcontractor,sub-subcontractor or material
or equipment supplier shall own or claim a copy right to the Drawings, Specifications and
other documents prepared by the Engineer or the Engineer's consultants, and unless
otherwise indicated the Engineer and the Engineer's consultants shall be deemed the authors
of them and will retain all common law,statutory and other reserved rights,in addition to the
copyrights. All copies of them, except the Contractor's record set, shall be returned or
suitably accounted for to the Engineer, on request, upon completion of the Work. The
Drawings,Specifications and other documents prepared by the Engineer and the Engineer's
consultants,and copies thereof furnished to the Contractor,are for use solely with respect to
this Project. They are not to be used by the Contractor or any Subcontractor, sub-
subcontractor or material or equipment supplier on other projects or for additions to this
Project outside the scope of the Work without the specific written consent of the City,
Engineer and the Engineer's consultants. The Contractor, Subcontractors, sub-
subcontractors and material or equipment suppliers are authorized to use and reproduce
applicable portions of the Drawings, Specifications and other documents prepared by the
Engineer and the Engineer's consultants appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under this authorization shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other
documents prepared by the Engineer and the Engineer's consultants. Submittal or
distribution to meet official regulatory requirements or for other purposes in connection with
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this Project is not to be construed as publication in derogation of the Engineer's or
Engineer's consultants' copyrights or other reserved rights.
ARTICLE 7 OWNER
7.1 CITY'S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with the requirements of
the Contract Documents,or persistently fails to carry out the Work in accordance with the
Contract Documents,the City may issue a written order to the Contractor to stop the Work,
or any portion thereof,until the cause for such order is eliminated;however,the right of the
City to stop the work shall not give rise to a duty on the part of the City to exercise this right
for the benefit of the Contractor or any other person or entity.
7.2 CITY'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance
with the Contract Documents,or fails to perform a provision of the Contract,the City,after
ten(10)days'written notice to the Contractor and without prejudice to any other remedy the
City may have,may make good such deficiencies and may deduct the reasonable cost thereof,
including City's expenses and compensation for the Engineer's services made necessary
thereby, from the payment then or thereafter due the Contractor.
ARTICLE 8 CONTRACTOR
8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
8.1.1 Since the Contract Documents are complementary,before starting each portion of the work,
the Contractor shall carefully study and compare the various Drawings and other Contract
Documents relative to that portion of the Work,as well as any information furnished by the
City, shall take field measurements of any existing conditions related to that portion of the
Work and shall observe any conditions at the site affecting it. These obligations are for the
purpose of facilitating construction by the Contractor and are not for the purpose of
discovering errors, omissions or inconsistencies in the Contract Documents;however,any
errors,omissions or inconsistencies discovered by the Contractor shall be reported promptly
to the Engineer as a request for information in such form as the Engineer may require.
8.1.2 Any design errors or omissions noted by the Contractor during this review shall be reported
promptly to the Engineer, but it is recognized that the Contractor's review is made in the
Contractor's capacity as a contractor and not as a licensed design professional unless
otherwise specifically provided in the Contract Documents.
8.2 SUPERVISION AND CONSTRUCTION PROCEDURES
8.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
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attention. The Contractor shall be solely responsible for and have control over the
construction means,methods,techniques,sequences and procedures,and for coordinating all
portions of the Work under the Contract, unless the Contract Documents give specific
instructions concerning these matters. If the Contract Documents give specific instructions
concerning construction means, methods, techniques, sequences or procedures, the
Contractor shall be fully and solely responsible for the jobsite safety thereof unless the
contractor gives timely written notice to the City and Engineer that such means,methods,
techniques, sequences or procedures may not be safe.
8.2.2 The Contractor shall be responsible to the City for acts and omissions of the Contractor's
employees, Subcontractors and their agents and employees, and other persons or entities
performing portions of the work for or on behalf of the Contractor or any of its
Subcontractors.
8.3 LABOR AND MATERIALS
8.3.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay
for labor,materials, equipment,tools,construction equipment and machinery,water,heat,
utilities,transportation,and other facilities and services necessary for proper execution and
completion of the Work whether temporary or permanent and whether or not incorporated or
to be incorporated in the Work.
8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
8.3.3 The Contractor shall deliver, handle, store and install materials in accordance with
manufacturers' instructions.
8.3.4 The Contractor may make substitutions only with the consent of the City,after evaluation by
the Engineer and in accordance with a Change Order.
8.4 WARRANTY
The Contractor warrants to the City and Engineer that materials and equipment furnished
under the Contract will be of good quality and new unless otherwise required or permitted by
the Contract Documents,that the Work will be free from defects not inherent in the quality
required or permitted,and that the Work will conform with the requirements of the Contract
Documents. Work not conforming to these requirements, including substitutions not
properly approved and authorized,may be considered defective. The Contractor's warranty
excludes remedy for damage or defect caused by abuse,modifications not executed by the
Contractor, improper or insufficient maintenance, improper operation or normal wear and
tear and normal usage. Contractor warrants that all workmanship and materials shall be free
of defects for a period of one(1)year from the date of Final Payment Contractor shall repair
or replace at its own expense,as directed by City,any defects in workmanship or materials
00500 - 7
which appear within one(1)year from the date of Final Payment,provided however,that any
defect that is hidden or latent shall be repaired or replaced within one (1) year of the date
when City discovers such defect. Contractor further warrants that all repair or replacement
work performed to repair or replace defective work or materials shall also be warranted to be
free of defects for a period of one (1) year from the date such repair or replacement is
accepted by the City. Contractor shall commence and diligently pursue the correction of any
defect not later than fifteen (15) days of receiving City's written notice of such defect. If
Contractor does not commence or diligently pursue to repair or replace such defects in
workmanship or materials within the fifteen(15)day period,then City may repair or replace
such defects and Contractor shall reimburse City for the costs thereof,including all interest,
attorneys' fees and costs of collection. Contractor shall assign and/or transfer to the City all
manufacturers'direct warranties for components,materials,electrical panels or appliances as
a condition precedent to receiving Final Payment. All such manufacturer's warranties shall
be for a period of not less than one(1)year.
8.5 TAXES
The Contractor shall pay sales, consumer, use and other similar taxes which are legally
enacted when bids are received or negotiations concluded.
8.6 PERMITS,FEES AND NOTICES
8.6.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay
for the building permit and other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work.
8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities applicable to performance of the Work.
The Contractor shall promptly notify the Engineer and City if the Drawings and
Specifications are observed by the Contractor to be at variance therewith. If the Contractor
performs Work knowing it to be contrary to laws, statutes,ordinances,building codes,and
rules and regulations without such notice to the Engineer and City, the Contractor shall
assume appropriate responsibility for such Work and shall bear the costs attributable to
correction.
8.7 SUBMITTALS
8.7.1 The Contractor shall review for compliance with the Contract Documents,approve in writing
and submit to the Engineer Shop Drawings, Product Data, Samples and similar submittals
required by the Contract Documents with reasonable promptness. The Work shall be in
accordance with approved submittals.
8.7.2 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents.
00500 - 8
8.8 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
8.9 CUTTING AND PATCHING
The Contractor shall be responsible for cutting,fitting or patching required to complete the
Work or to make its parts fit together properly.
8.10 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the
Work,the Contractor shall remove from and about the Project waste materials,rubbish,the
Contractor's tools, construction equipment,machinery and surplus material.
8.11 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees, shall defend suits or claims for
infringement of copyrights and patent rights and shall hold the City and Engineer harmless
from loss on account thereof, but shall not be responsible for such defense or loss when a
particular design, process or product of a particular manufacturer or manufacturers is
required by the Contract Documents, or where the copyright violations are contained in
Drawings, Specifications or other documents prepared by the City or Engineer, unless the
Contractor has reason to believe that there is an infringement of patent or copyright and fails
to promptly furnish such information to the Engineer.
8.12 ACCESS TO WORK
The Contractor shall provide the City and Engineer access to the Work in preparation and
progress wherever located.
8.13 INDEMNIFICATION
To the fullest extent provided by law, the Contractor shall indemnify, defend, and hold
harmless the City,and all of its officers,agents,and employees from all claims,loss,damage,
cost,charges or expense including,but not limited to reasonable attorneys' fees,caused in
whole or in part by any act,omission or default of the Contractor, its agents, employees,or
subcontractors arising out of the performance or failure to perform the work on this project.
Contractor's obligation to indemnify,defend and hold harmless the City shall include such
occurrences where such claim,loss,damage,costs,charges,expense or attorneys' fees may
be caused,in whole or in part,by the City. However,such indemnification shall not include
claims of, or damages resulting from, gross negligence, or willful, wanton or intentional
00500 - 9
misconduct of the City, or its agents or employees, nor shall the indemnification cover
statutory violations or punitive damages,except and to the extent the statutory violation or
punitive damages are caused by or result from the acts or omissions of the Contractor, its
agents or employees. The extent of the indemnification granted herein for liability for
damages to persons or property caused in whole or in part by any act,omission,or default of
the City shall not exceed$1,000,000 per occurrence,unless the indemnification is subject to
insurance coverage that exceeds such amount. City and Contractor agree that$1,000,000 per
occurrence, or the amount of insurance coverage, if greater, covering this indemnification
(being for liability for damages to persons or property caused in whole or in part by any act,
omission,or default of the City)is an amount that bears a reasonable commercial relationship
to the Contract.
In claims against City resulting from personal injury to employees of Contractor,those of its
Subcontractors or anyone directly or indirectly employed by them, Contractor's indemnity
obligation to City shall not be limited by any limitation on the amount or type of damages,
benefits or compensation payable by or for the Contractor under Workers Compensation
Acts,Disability Benefit Acts or other employee benefit acts,and Contractor expressly will
waive such statutory or constitutional immunity,protection or limitation.
For purposes of compliance with Florida law,this provision shall be deemed to be a part of
the project specifications or the bid documents.
In claims against any person or entity indemnified under this Paragraph 8.13 by an employee
of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone
for whose acts they may be liable, the indemnification obligation hereunder shall not be
limited by a limitation on amount or type of damages,compensation or benefits payable by or
for the Contractor or Subcontractor under workers'compensation acts,disability benefit acts
or other employee benefit acts.
ARTICLE 9 ENGINEER'S ADMINISTRATION OF THE CONTRACT
9.1 The Engineer will provide administration of the Contract and will be a City representative(1)
during construction,(2)until final payment is due and(3)with the City's concurrence,from
time to time during the one (1)year period for correction of Work described in Paragraph
17.2.
9.2 The Engineer,as a representative of the City,will visit the site at intervals appropriate to the
state of the Contractor's operations (1)to become generally familiar with and to keep the
City informed about the progress and quality of the portion of the Work completed, (2)to
endeavor to guard the City against defects and deficiencies in the Work, and(3)to determine
in general if the Work is being performed in a manner indicating that the Work,when fully
completed,will be in accordance with the Contract Documents. However,the Engineer will
not be required to make exhaustive or continuous on-site inspections to check the quality or
quantity of the work. The Engineer will neither have control over or charge of, nor be
responsible for,the construction means,methods,techniques,sequences or procedures,or for
00500- 10
safety precautions and programs in connection with the Work, since these are solely the
Contractor's rights and responsibilities under the Contract Documents,except as provided in
Subparagraph 8.2.1.
9.3 The Engineer will not be responsible for the Contractor's failure to perform the Work in
accordance with the requirements of the Contract Documents. The Engineer will not have
control over or charge of and will not be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or any other persons or entities performing
portions of the Work.
9.4 Based on the Engineer evaluations of the Work and of the Contractor's Applications for
Payment,the Engineer will review and certify the amounts due the Contractor and will issue
Certificates for Payment in such amounts.
9.5 The Engineer will have authority to reject Work that does not conform to the Contract
Documents.
9.6 The Engineer will review and approve or take other appropriate action upon the Contractor's
submittals such as Shop Drawings, Product Data and Samples, but only for the limited
purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents.
9.7 The Engineer will interpret and decide matters concerning performance under and
requirements of,the Contract Documents on written request of either the City or Contractor.
The Engineer will make initial decisions on all claims,disputes and other matters in question
between the City and Contractor but will not be liable for results of any interpretations or
decisions so rendered in good faith.
9.8 Duties, responsibilities and limitations of authority of the Engineer as set forth in the
Contract Documents shall not be restricted,modified or extended without written consent of
the City, Contractor and Engineer. Consent shall not be unreasonably withheld.
9.9 CLAIMS AND DISPUTES
Written notice that identifies the nature of each claim,dispute and other matters in question
shall be delivered to the Engineer and the City no later than thirty(30)days after the start of
the event giving rise to same. Claims,disputes and other matters in question arising out of or
relating to this Contract, shall be subject to mediation as a condition precedent to the
institution of legal proceedings by either party.
9.10 CLAIMS OR CONSEQUENTIAL DAMAGES
The Contractor and City waive claims against each other for consequential damages arising
out of or relating to this Contract. This mutual waiver includes:
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1. damages incurred by the City for rental expenses, for losses of use, income,profit,
financing, business and reputation, and for loss of management or employee
productivity or of the services of such persons;and
2. damages incurred by the Contractor for principal office expenses including the
compensation of personnel stationed there, for losses of financing, business and
reputation, and for loss of profit except anticipated profit arising directly from the
Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to
either party's termination in accordance with Article 19. Nothing contained in this Paragraph
9.10 shall be deemed to preclude an award of liquidated damages, when applicable, in
accordance with the requirements of the Contract Documents.
ARTICLE 10 SUBCONTRACTORS
10.1 A Subcontractor is a person or entity who has a direct contact with the Contractor to perform
a portion of the Work at the site.
10.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the
City through the Engineer the names of the Subcontractors for each of the principal portions
of the Work. The Contractor shall not contract with any Subcontractor to whom the City or
Engineer has made reasonable and timely objection. If the proposed but rejected
Subcontractor was reasonably capable of performing the Work, the Contract Sum and
Contract Time shall be increased or decreased by the difference,if any,occasioned by such
change, and an appropriate Change Order shall be issued before commencement of the
substitute Subcontractor's Work. The Contractor shall not be required to contract with
anyone to whom the Contractor has made reasonable objection.
10.3 Contracts between the Contractor and Subcontractors shall(1)require each Subcontractor,to
the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor
by the terms of the Contract Documents, and to assume toward the Contractor all the
obligations and responsibilities,including the responsibility for safety of the Subcontractor's
work, which the Contractor, by the Contract Documents, assumes toward the City and
Engineer, and (2) allow the Subcontractor the benefit of all rights, remedies and redress
afforded to the Contractor by these Contract Documents.
ARTICLE 11 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS
11.1 The City reserves the right to perform construction or operations related to the Project with
the City's own forces,and to award separate contracts in connection with other portions of
the Project or other construction or operations on the site under conditions of the contract
identical or substantially similar to these, including those portions related to insurance and
00500 - 12
waiver of subrogation. If the Contractor claims that delay or additional cost is involved
because of such action by the City, the Contractor shall make such claim as provided in
Paragraph 9.9.
11.2 The Contractor shall afford the City and separate contractor's reasonable opportunity for
introductions and storage of their materials and equipment and performance of their
activities,and shall connect and coordinate the Contractor's activities with theirs as required
by the Contract Documents.
11.3 The City shall be reimbursed by the Contractor for costs incurred by the City which are
payable to a separate contractor because of delays,improperly timed activities or defective
construction of the Contractor. The City shall be responsible to the contractor for costs
incurred by the Contractor because of delays, improperly timed activities, damage to the
Work or defective construction of a separate contractor.
ARTICLE 12 CHANGES IN THE WORK
12.1 The City, without invalidating the Contract, may order changes in the Work within the
general scope of the Contract consisting of additions, deletions or other revisions, the
Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work
shall be authorized by written Change Order signed by the City,Contractor and Engineer,or
by written Construction Change Directive signed by the City and Engineer.
12.2 The cost or credit to the City from a change in the Work shall be determined by mutual
agreement of the parties or, in the case of a Construction Change Directive, by the
Contractor's cost of labor, material,equipment,and reasonable overhead and profit.
12.3 The Engineer will have authority to order minor changes in the Work not involving
adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with
the intent of the Contract Documents. Such changes shall be effected by a written order and
shall be binding on the City and Contractor. The Contractor shall carry out such written
orders promptly.
12.4 If concealed or unknown physical conditions are encountered at the site that differ materially
from those indicated in the Contract Documents or from those conditions ordinarily found to
exist, the Contract Sum and Contract Time shall be equitably adjusted, unless such
conditions should have been known or discovered by Contractor from a reasonable
examination of the project.
ARTICLE 13 TIME
13.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement, the Contractor confirms that the Contract Time is a reasonable
period for performing the Work.
13.2 The date of Substantial Completion is the date certified by the Engineer.
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13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by
changes ordered in the Work,by labor disputes,fire,unusual delay in deliveries,abnormal
adverse weather conditions not reasonably anticipatable,unavoidable casualties or any causes
beyond the Contractor's control, or by other causes which the Engineer determines may
justify delay,then the Contract Time shall be extended by Change Order for such reasonable
time as the Owner may determine.
ARTICLE 14 PAYMENTS AND COMPLETION
14.1 APPLICATIONS FOR PAYMENT
14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for
Payment shall be in a form satisfactory to the Engineer and City.
14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will
pass to the City no later than the time of payment. The Contractor further warrants that upon
submittal of an Application for Payment all Work for which Certificates for Payment have
been previously issued and payments received from the City shall, to the best of the
Contractor's knowledge, information and belief,be free and clear of liens,claims, security
interests or other encumbrances adverse to the City's interests.
14.2 CERTIFICATES FOR PAYMENT
14.2.1 The City may withhold a Payment in whole or in part,to such extent as may be necessary to
protect the City from loss for which the Contractor is responsible,including,but not limited to
loss resulting from acts and omissions described in Subparagraph 8.2.2,because of:
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of such
claims unless security acceptable to the City is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or for labor,
materials or equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Sum;
.5 damage to the City or another contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time
and that the unpaid balance would not be adequate to cover actual or liquidated
damages for the anticipated delay; or
.7 persistent failures to carry out the Work in accordance with the Contract Documents.
00500 - 14
14.2.2 When the above reasons for withholding payment are removed,payment will be made for
amounts previously withheld.
14.3 PAYMENTS TO THE CONTRACTOR
14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
City,out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall,by appropriate agreement with each subcontractor,require each
Subcontractor to make payments to sub-subcontractors in similar manner.
14.3.2 Neither the City nor Engineer shall have an obligation to pay or see to the payment of money
to a Subcontractor except as may otherwise be required by law.
14.3.3 The making of a payment, or partial or entire use or occupancy of the Project by the City
shall not constitute acceptance of Work that is not performed in accordance with the Contract
Documents.
14.4 SUBSTANTIAL COMPLETION
14.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so that
the City can occupy or utilize the Work for its intended use.
14.4.2 When the Engineer determines that the Work or designated portion thereof is substantially
complete, the Engineer will issue a Certificate of Substantial Completion which shall
establish the date of Substantial Completion, establish responsibilities of the City and
Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and
fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion thereof unless otherwise provided
in the Certificate of Substantial Completion. Upon the issuance of the Certificate of
Substantial Completion, the Engineer will submit it to the City and Contractor for their
written acceptance of responsibilities assigned to them in such Certificate.
FINAL COMPLETION AND FINAL PAYMENT See Article 4.2.2
ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY
15.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The
Contractor shall take reasonable precautions for safety of, and shall provide reasonable
00500- 15
protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein; and
.3 other property at the site or adjacent thereto.
The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons and property
and their protection from damage, injury or loss. The Contractor shall promptly remedy
damage and loss to property caused in whole or in part by the Contractor,a Subcontractor,a
sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Contractor is responsible under
Subparagraphs 15.1.2 and 15.1.3,except for damage or loss attributable to acts or omissions
of the City or Engineer or by anyone for whose acts either of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor's obligations under Paragraph 8.13.
15.2 HAZARDOUS MATERIALS
15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to
persons resulting from a material or substance, including but not limited to asbestos or
polychlorinated biphenyl (PCB),encountered on the site by the Contractor,the Contractor
shall,upon recognizing the condition,immediately stop Work in the affected area and report
the condition to the City and Engineer in writing. When the material or substance has been
rendered harmless,Work in the affected area shall resume upon written agreement of the City
and Contractor. The Contract Time shall be extended appropriately and the Contract Sum
shall be increased in the amount of the Contractor's reasonable additional costs of shutdown,
delay and start-up,which adjustments shall be accomplished as provided in Article 12 of this
Agreement.
15.2.2 To the fullest extent permitted by law, the City shall indemnify and hold harmless the
Contractor, Subcontractors, Architect, Architect's consultants, Engineer, Engineer's
consultants and agents and employees of any of them from and against claims, damages,
losses and expenses, including but not limited to attorneys' fees,arising out of or resulting
from performance of the Work in the affected area if in fact the material or substance
presents the risk of bodily injury or death as described in Subparagraph 15.2.1 and has not
been rendered harmless,provided that such claim,damage,loss or expense is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself),and provided that such damage,loss or expense is not due to the
sole negligence of a party seeking indemnity.
00500 - 16
ARTICLE 16 INSURANCE
16.1 The Contractor shall purchase from and maintain in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located insurance for
protection from claims under workers' compensation acts and other employee benefit acts
which are applicable, claims for damages because of bodily injury, including death, and
claims for damage,other than to the Work itself,to property which may arise out of or result
from the Contractor's operations under the Contract, whether such operations be by the
Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them.
This insurance shall be written for not less than limits of liability specified in the Contract
Documents or required by law,whichever coverage is greater,and shall include contractual
liability insurance applicable to the Contractor's obligations. Certificates of Insurance
acceptable to the City shall be filed with the City prior to commencement of the Work. Each
policy shall contain a provision that the policy will not be canceled or allowed to expire until
at least thirty(30)days'prior written notice has been given to the City. See Section 00800-A
of the Project Manual for Contractor's Insurance Requirements, which are incorporated
herein by reference.
16.2 WAIVERS OF SUBROGATION
16.2.1 The City and Contractor waive all rights against (1) each other and any of their
subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Engineer,Engineer consultants,separate contractors described in Article 11,if any,and any
of their subcontractors,sub-subcontractors,agents and employees for damages caused by fire
or other causes of loss to the extent covered by property insurance applicable to the Work,
except such rights as they have to proceeds of such insurance held by the City as fiduciary.
The City or Contractor,as appropriate shall require of the Engineer,Engineer's consultants,
separate contractors described in Article 11, if any, and the subcontractors, sub-
subcontractors, agents and employees of any of them, by appropriate agreements, written
where legally required for validity,similar waivers each in favor of other parties enumerated
herein. The policies shall provide such waivers of subrogation by endorsement or otherwise.
A waiver of subrogation shall be effective as to a person or entity even though that person or
entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay
the insurance premium directly or indirectly,and whether or not the person or entity had an
insurable interest in the property damaged.
16.2.2 A loss insured under the City's property insurance shall be adjusted by the City as fiduciary
and made payable to the City as fiduciary for the insureds, as their interests may appear,
subject to requirements of any applicable mortgagee clause. The Contractor shall pay
Subcontractors their just shares of insurance proceeds received by the Contractor, and by
appropriate agreements, written where legally required for validity, shall required
Subcontractors to make payments to their sub-subcontractors in similar manner.
00500- 17
ARTICLE 17 CORRECTION OF WORK
17.1 The Contractor shall promptly correct Work rejected by the Engineer or failing to conform to
the requirements of the Contract Documents,whether discovered before or after Substantial
Completion and whether or not fabricated,installed or completed. Costs of correcting such
rejected Work, including additional testing and inspections and compensation for the
Engineer's services and expenses made necessary thereby, shall be at the Contractor's
expense.
17.2 In addition to the Contractor's obligations under Paragraph 8.4,if,within one(1)year after
the date of Substantial Completion of the Work or designated portion thereof or after the date
for commencement of warranties established under Subparagraph 14.4.2,or by terms of an
applicable special warranty required by the Contract Documents,any of the Work is found to
be not in accordance with the requirements of the Contract Documents,the Contractor shall
correct it promptly after receipt of written notice from the City to do so unless the City has
previously given the Contractor a written acceptance of such condition. The City shall give
such notice promptly after discovery of the condition. During the one-year period for
correction of Work, if the City fails to notify the Contractor and give the Contractor an
opportunity to make the correction, the City waives the rights to require correction by the
Contractor and to make a claim for breach of warranty.
17.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the City may
correct it in accordance with Paragraph 7.2.
17.4 The one-year period for correction of Work shall be extended with respect to portions of
Work first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work.
17.5 The one-year period for correction of Work shall not be extended by corrective Work
performed by the Contractor pursuant to this Article 17.
ARTICLE 18 MISCELLANEOUS PROVISIONS
18.1 ASSIGNMENT OF CONTRACT
Neither party to the Contract shall assign the Contract without written consent of the other.
18.2 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located.
18.3 TESTS AND INSPECTIONS
Tests,inspections and approvals of portions of the Work required by the Contract Documents
or by laws,ordinances,rules,regulations or orders of public authorities having jurisdiction
00500- 18
shall be made at an appropriate time. Unless otherwise provided,the Contractor shall make
arrangements for such tests,inspections and approvals with an independent testing laboratory
or entity acceptable to the City, or with the appropriate public authority, and shall bear all
related costs of tests, inspections and approvals. The Contractor shall give the Engineer
timely notice of when and where tests and inspections are to be made so that the Engineer
may be present for such procedures.
ARTICLE 19 TERMINATION OF THE CONTRACT
19.1 TERMINATION BY THE CONTRACTOR
If the City fails to make a progress payment or a final payment for a period of thirty(30)days
after such payment is due. Then the Contractor may, upon seven additional days' written
notice to the City and the Engineer, terminate the Contract and recover from the City
payment for Work executed and reasonable overhead,and profit relating to the work not yet
performed.
19.2 TERMINATION BY THE CITY
19.2.1 The City may terminate the Contract if the Contractor:
.1 refuses or fails to supply enough properly skilled workers or proper materials to
maintain the project schedule;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 disregards laws, ordinances, or rules, regulations or orders of a public authority
having jurisdiction; or
.4 committed a material breach of a provision of the Contract Documents.
19.2.2 When any of the above reasons exists,the City,may,without prejudice to any other remedy
the City may have and after giving the Contractor seven days' written notice, terminate the
Contract and take possession of the site and all materials,equipment,tools,and construction
equipment and machinery thereon owned by the Contractor and may finish the Work by
whatever reasonable method the City may deem expedient. Upon request of the Contractor,
the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City
in finishing the Work.
19.2.3 When the City terminates the Contract for one of the reasons stated in Subparagraph 19.2.1,
the Contractor shall not be entitled to receive further payment until the Work is finished.
19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for the Engineer's services and expenses made necessary thereby, and other
00500- 19
damages incurred by the City and not expressly waived, such excess shall be paid to the
Contractor. If such costs and damages exceed the unpaid balance,the Contractor shall pay
the difference to the City. The amount to be paid to the Contractor or City,as the case may
be,shall be certified by the Engineer,upon application,and this obligation for payment shall
survive termination of the Contract.
ARTICLE 20 OTHER CONDITIONS OR PROVISIONS
20.1 DISPUTE RESOLUTION
As a condition precedent to the filing of any suit or other legal proceeding,the parties shall
endeavor to resolve claims,disputes or other matters in question by mediation. Mediation
shall be initiated by any party by serving a written request for same on the other party. If the
parties cannot agree on the selection of a mediator,then the City shall select the mediator,
who, if selected solely by the City, shall be a mediator certified by the Supreme Court of
Florida, No suit or other legal proceeding shall be filed until the mediator declares an
impasse,which declaration,in any event,shall be issued by the mediator not later than sixty
(60)days after the initial mediation conference.
Dated this day of , 20
CITY OF EDGEWATER
CONTRACTOR
00500 -20
SECTION 00300
BID FORM
FOR
WASTEWATER TREATMENT PLANT RENEWAL AND REPLACEMENT
BID NO.1TB 12-ES-010
SRF#WW64052
(To be Completed in Triplicate)
Bidder's Name: Brandes Design-Build, Inc.
Submitted: 7/25 .201 2
City of Edgewater
•
City Clerk
P.O. Box 100
Edgewater,FL 32132-0100
Gentlemen:
The undersigned,as Bidder,hereby declares that the only person or persons interested in the Bid,as
principal or principals,is or are named herein and that no other persons than herein mentioned has
any interest in the Bid or the Contract to which the work pertains; that this Bid is made without
connection or arrangement with any other person,company,or parties making a bid or proposal and
that the Bid is in all respects fair and made in good faith without collusion or fraud.
The Bidder further declares that he/she has examined the site of the work and that from personal
knowledge and experience, or that he/she has made sufficient test holes and/or other subsurface
investigations to fully satisfy him/her self that such site is a correct and suitable one for this work and
he/she assumes full responsibility therefore; that he/she is familiar with all legal requirements
(Federal,State and local laws,ordinances,rules and regulations)pertaining to the Work;that he/she
has examined the Drawings and Specifications for the work and from his/her own experience or from
professional advice that the Drawings and Specifications are sufficient for the work to be done and
he/she has examined the other Contract Documents and all addenda relating thereto,and that he/she
has satisfied him/her self fully, relative to all matters and conditions with respect to the work to
which this Bid pertains.
The Bidder proposes and agrees, if this Bid is accepted, to contract with the City of Edgewater,
(Owner)in the form of contract specified,to furnish all necessary materials,equipment,machinery,
tools,apparatus,transportation,and labor and to perform all work necessary to complete the Work
specified in the Bid and other Contract Documents.
The Bidder further proposes and agrees to comply in all respects with the time limits for
commencement and completion of the Work as stated in the Contract Form.
00300- I
Revised per Addendum#3
The Bidder further agrees that the deductions for liquidated damages,as stated in the Contract Form,
constitute fixed and agreed liquidated damages to reimburse the Owner for additional costs to the
Owner resulting from the Work not being completed within the time limit stated in the Contract
Form.
The Bidder further agrees to execute a Contract and furnish satisfactory Certificates of Insurance,
within ten(10)consecutive calendar days after written notice being given by the Owner of the award
of the Contract,and the undersigned agrees that in case of failure on his/her part to execute the said
Contract,and Insurance Certificates within ten(10)consecutive calendar days after the award of the
Contract,the bid guarantee accompanying his/her bid and the money payable thereon shall be paid to
the Owner as liquidation of damages sustained by the Owner,otherwise,the bid guarantee shall be
returned to the undersigned within fifteen (15) days after the Contract is signed and Insurance
Certificates are filed.
The undersigned agrees to accept as full compensation for completion of the project in full
compliance with the Contract Documents, the unit prices for the items named in Section 00310,
Schedule of Unit Prices,submitted herein with this Bid.
The undersigned offers to furnish all materials,equipment and labor for construction of
WASTEWATER TREATMENT PLANT RENEWAL AND REPLACEMENT
BID NO. ITB 12-ES-010
SRF#WW64052
for the City of Edgewater,Florida,complete in every respect in strict accordance with the Drawings,
Specifications and any future changes therein. The Contractor shall perform these obligations for the
prices listed in the Schedule of Unit Prices,Section 00310 attached and made a part of this Bid. The
estimated bid total:
BASE BID
Five Million Six Hundred and Eleven Thousand Dollars
(In Words)
$ 5, 611 , 000. 00
(In Figures)
BID'ALTERNATE 1
One Hundred Fifty One Thousand
Dollars
(In Words)
151 , 000.00
On Figures)
00300-2
Revised per Addendum#3
BID ALTERNATE 2
Five Hundred Fifty Two Thousand SixHundred Seventy fl x
1 0 ars
(In Words)
$ 552, 676. 00
(In Figures)
BID ALTERNATE 3
Sixty Eight Thousand Nine Hundred Dollars
(In Words)
$ 68, 900.00
On Figures)
BID ALTERNATE 4
Ninety Eight Thousand Seven Hundred and Seven Dollars
(In Words)
98, 707 .00
(In Figures)
BID ALTERNATE 5
One Hundred Thirty Five Thousand Dollars
(In Words)
135,000.00
(In Figures)
COMPLETION TIME OF CONTRACT
The Contractor agrees that the work shall be started not later than the date indicated in the Notice to
Proceed and that the work shall be substantially completed in 450(Four Hundred Fifty)calendar
days with an additional 30(Thirty)calendar days for final completion.
The Contractor further agrees that for each calendar day,with the exception of Sundays and legal
holidays that any work that shall remain uncompleted after the completion time stipulated above the
sum of 5500 (Five Hundred Dollars)shall be deducted from monies due the contractor,not as a
penalty,but as liquidated damages. If the Contractor is declared in default in accordance with the
provisions of the Specifications,liquidated damages shall be charged as provided herein,and such
amounts shall be deducted from the final amount payable to the Contractor. Should the total amount
chargeable as liquidated damages exceed the amount due or payable to the Contractor, then such
excess shall be paid to the Owner by the Contractor.
00300-3
Revised per Addendum#3
SUPPLEMENTAL REQUIREMENTS
The following documents shall be completed and attached to and made a condition of this bid:
(a) Bid Form: Section 00300
(b) Schedule of Unit Prices: Section 00310
(c) Listing of Subcontractors: Section 00330
(d) Bid Bond: Section 00410
(e) Public Crimes Entity Statement: Section 00470
(f) Anti-Collusion Statement: Section 00480
(g) Drug Free/Tie Preference Statement: Section 00485
(h) Trench Safety Affidavit:Section 00490
(i) Certificate as to Corporate Principal: Section 00620
(j) Insurance Requirements: Section 00800A
(k) Davis-Bacon Certification Form: Section 00800C
REQUIRED DISCLOSURE
At its sole discretion,the City of Edgewater,Florida may reject any bidder the City finds to lack,or
whose present or former executive employees,officers,directors,stockholders,partners or owners
are found by the City to lack honesty, integrity,or moral responsibility. The discretion of the City
may be exercised based on the City's own investigation,public records,or any other reliable sources
of information. By submitting a bid,bidder recognizes and accepts that the City may reject the bid
based upon the exercise of its sole discretion and bidder waives any claim it might have for damages
or other relief resulting from the rejection of its bid based on these grounds.
00300- 4
Revised per Addendum#3
SCHEDULE OF MAJOR MANUFACTURERS AND SUPPLIERS
The equipment manufacturers/suppliers on this project shall be as delineated in the following
schedule. Bidders should note that the Owner and Engineer have made rigorous investigations of
equipment performance and features, and as a result,Bidders are to note that the contract price for
this project shall be based on Base Bid equipment. The Base Bid equipment for this project falls
under one of two categories. The first category is equipment that the Owner and Engineer have
determined will be supplied by a sole source of supply,for which no substitutions or alternates will
be entertained or allowed. Bidder is advised that offering of any alternatives to the sole source
supplied equipment will be grounds for rejection of his bid as not responsive. The second category
of equipment includes those items where the Owner and Engineer deem there to be more than one
acceptable supplier of the particular item listed. The equipment which falls under these two
categories is a shown on the subsequent pages of this Schedule of Major Manufacturers and
Suppliers. Bidder is advised that the award of this Contract will be based solely on the use of Base
Bid equipment.
The following comments relate only to the second category of equipment, where the Contract
Documents are based upon the equipment or products available from the suppliers denoted as A,B,
C,etc.below. These equipment manufacturers,along with the sole source suppliers constitute the
Base Bid.
Provision is made in the Contract Documents for alternate manufacturers and suppliers whose
equipment or product may be deemed equivalent in quality(see General Conditions). However,the
Bidder must indicate in his Bid which Base Bid supplier he intends to use for each item of equipment
listed by circling one of the listed manufacturers/suppliers. If the Bidder fails to indicate which listed
manufacturer/supplier he intends to use if an alternate is rejected,he must use the supplier listed as
"A". Also,if the Bidder circles more thadone listed supplier,he must use the first supplier circled
(unless an alternate is approved).
If the Bidder desires to propose one or more alternate manufacturers/suppliers,he may write in the
name of such alternates in the spaces provided on the Alternate Manufacturer/Suppliers page
following the schedule. He must,nevertheless,also circle one of the listed manufacturers/suppliers
because Bidders'Bid price must be based upon this Base Bid list. Wherever an alternate supplier is
proposed, the Bidder must insert the amount to be deducted from the Contract Price(either lump
sum or unit price)if the alternate supplier is eventually approved. If the proposed alternate supplier
is determined "not equivalent"by the Engineer,the Bidder must use the circled supplier.
For any alternate supplier accepted by the Owner,the Contract Price will be reduced by the deductive
amount stated in the Bid. However,the Contract Price will not be adjusted for any alternate supplier
rejected.
Each proposed alternate will be evaluated in accordance with the General Conditions. The deductive
amount specified for alternate manufacturers/suppliers will not be used in determining the successful
Bidder. Alternates will be considered only after award of the contract.
The Contractor shall reimburse the Owner for any costs directly attributable to the change in
suppliers,such as additional field trips for the Engineer,additional redesign costs,additional review
and inspection costs,etc.
The Owner may request and the Bidder shall supply complete information on proposed alternates
prior to the Notice of Award.
00300- 5
Revised per Addendum#3
SCHEDULE OF MAJOR MANUFACTUREKS AND SUPPLIERS
Category I- Sole Source Equipment Items:
13311 Process Instrumentation and Control System Q recision Control
Instruments,Inc.
•
Category II-Major Manufacturers Equipment Items:
10210 Wetwell Lining System GSpectrashield
11211 CV Horizontal Split Case High Service and B. Aurora
0 Peerless
11214 Vertical Turbine Transfer Pumps
B. Layne/Bowler
Peerless
11257 Biological Odor Control System 0 :iorem
11316D Activated Sludge Pumps A. Aurora ag
hicago
11320 Submersible Sewage Pump Q yg
B. ABS
11321B Grit Removal System alones&Attwood
11331A Bar Screen and Screw Conveyor 0 'arkson
11336 Secondary Clarifier Equipment Q a 'vo
11336A Secondary Clarifier Weir Covers 0 NEFC0
B. MFG
A. BPES
11346 Chemical Feed Systems B. Guardian Equipment
®S dyssey Manufacturing
11367 Conveyors Serpentix
11373 Positive Displacement Blower Universal Blower Pac
A. Aeration Solutions
11373A Floating Aerators ()Siemens
C. Aqua-Aerobics.
11376 Diffused Aeration Equipment • .uarius
11379 Slow Speed Mechanical Mixers 0 ightning
11382 Centrifuge Sludge Dewatering System Q : Laval
11700 Biological Nutrient Removal Process and a ►vivo
Equipment
Cram Corporation
13205 Prestressed Composite Tank Construction �11., Pre-Con
00300 - 6
Revised per Addendum#3
ALTERNATE MANUFACTURERS/SUPPLIERS
ALTERNATIVE DEDUCTIBLE
EQUIPMENT ITEM MANUFACTURER AMOUNT(indicate
MATERIAL SPEC. / SUPPLIER whether lump sum/
SECTION ILIST ONE or unit price) ,.
ONLY ALTERNATE"'
1. _ r'
2.
3.
4.
5.
•
6.
7.
8. '
9.
10.
July 25,2012
N /4rAfFgnature)T- Date
vin KLaus
Name(typed and printed)
President
Title
00300- 7
Revised per Addendum#3
- 4
ACKNOWLEDGEMENT OF ADDENDA
Addenda will be issued via email and it is the Bidder's sole responsibility to confirm that all
addenda have been received prior to submitting a bid for this project. Acknowledgment is
hereby made of the following Addenda received since issuance of Drawings and Specifications:
Addendum No. 1 Dated: 6/1 5 Addendum No. 2 Dated: 7/11
Addendum No. 3 Dated: 7/1 9 Addendum No. Dated:
Addendum No. Dated: Addendum No. Dated:
Attached hereto is a cashier's check on the
Bank of
or Bid Bond for the sum of 5% Dollars
( ),made payable to_ City of Edgewater (Owner).
Brandes ►esign-Build,Inc.
(Name i f Bidder) • ' Seal)
Kevin ,!%a u s(Signature of Officer)
•/esident
(Title of Officer)
Brandes Design-Build, Inc.
Name of Bidder
2151 NE Coachman Road
Address
Clearwater, FL 33765
City/State/Zip
( 727) 445-7544
Telephone
CGC062773
Contractor's Florida License Number
The full names and residences of persons and firms interested in the foregoing bid,as principals,are
as follows:
Kevin Klaus, President, 1658 Canopy Oaks Blvd_ , Palm HarhnrL
END.OF SECTION
00300- 8
Revised per Addendum#3
1
1
SECTION 00310
SCHEDULE OF UNIT PRICES
WASTEWATER TREATMENT PLANT
RENEWAL AND REPLACEMENT
BID NO.ITB 12-ES-010
SRF#WW64052
ITEM DESCRIPTION EST QTY UNIT UNIT COST TOTAL COST
Base Bid
v
1 Site Work and Piping 1 LS 0.00,00o .00 2400000.0 0
2 Headworts 1 LS 5 to J Goo,00 Soo,000.0 0
3 Influent Pump Station 1 LS -425,000.bb 43S,00a,00
4 Biological Process Upgrades and Electrical Building I LS '1 14 op,000.o0 - I3 4 oof 000.o0
5 ,Existing Clarifier Improvements 1 LS 14-5,%000,00 1-ISDI d 00.9 a
6 New Clarifier and WAS Pumping 1 LS 410 3 000.0a 4+a,ooa.o o
7 Filter Upgrades 1 LS to)oo0.0o 80,000,0 G
8 Chlorine Contact Chamber,Reuse Transfer Pumps 1 LS i{oa 000.00 t loo, a oo,a a
9 Re-Aeration Basin and Effluent Transfer Pumps 1 LS at(o,600.00 9.16)000.0 0
10 New Generator I LS 325,600,00 325 000,0?
11 Allowance 1 LS $100,000 $100,000
12 Electrical and Instrumentation 1 LS I, 106,60o.00 11100,o6o.00
13 Permit Allowance 1 LS $5,000 $5,000
BASE BID TOTAL -514,11.d oe.6 a
Bid Alternates
Alt 1 Chemical Storage/Feed I LS 1st,006.o o J 51, G 0 e .Oa
Alt 2 New Centrifuge Sludge Dewatering System 1 LS 5s ,4')4.ora 550 4%.6 0
Alt 3 New Laboratory Enclosure and Outfitting 1 LS 10 8,'I 0 0.o0 6 ti q oo.D o
Alt 4 Launder Weir Covers(3 clarifiers) 1 LS 9Q, 76'1.06 4 8476'1.0u
Alt 5 Delete Clarifier 1 and 2 Mechanism Replacement 1 LS + 1 35,000.40 1'154060,da ,
GRAND TOTAL, . 4,3 4?,a 83,aD
Submitted by: Kevin Klaus
Contractor: Brandes Design-Build, Inc.
Address: 2151 NE Coachman Road Clearwater, FL 33765
Telephone: ( 7271 445-7544 Fax: (.727) 445-7534 .
State of Florida Certified Contractor(Required Information) ,
Licenser License No. CGCO 6 2 7 7 3
00310-1 Revised per Addendum#3
SECTION 00320
STATEMENT OF BIDDER'S QUALIFICATIONS
All q -stions must be answered and the data given must be clear and comprehensive. This
stateme• must be notarized. If necessary, questions may be answered on separate attached
sheets. Th. bidder may submit any additional information he desires.
A. N. ••e of bidder.
Brandes Design-Build, Inc.
B. Perm. ,ent main office address.
21 1 Cod d. Road, Clearwater, FL 33765 n
C. When . ze
Oc •ber 2000
D. If a corporati. where incorporated.
E. How many year have you been engaged in th- contracting business under your
present firm or tra•: name?
11 years 9 '•nths
F. Contracts on hand: hedule these, sho g amount of each contract and the
appropriate anticipated da•- of completio
G. General character of work pe ormed b your company.
H.(') Have you ever failed to complete work awarded to you? If so, where and why?
H (2) Provide i� Many lawsuits or j •nts filed by or against your company in the last
three years, indicating the na -- and o tcome.
NONE
I. Have you ever defaulted o. a contract? o, where and why?
J. List the mo a impo . projects recently co • .leted by your company, stating the
approximate cost for -:ch and the month and ye. completed.
K. List your major ec fipment
L. Experience in c,6nstruction work similar in type to this rooject.
M. Backgroun and experience of the principal members of yhur organization, including
the officer.
N. Credit available: $ 500,000.00
O. Giv bank reference: Synouvus Bank
P. ill you, upon request, fill out a detailed financial statement and 'sh any other
information that may be required by the Owner? xFS
Q. The undersigned hereby authorizes and requests any person, firm, or core ration to
furnish any information requested by the Owner in verification of the'.recitals
comprising this Statement of Bidder's qualifications.
00320-1
•
P ated at this day of , 20
Brandes Design-Build, Inc.
Name of Bidder
By Kevin Klaus / Title
State of Flori•. President
County of Pinellas
Kevin Klaus be'I duly sworn deposes and says that
he is the President of: andes Design-Build, Incend
that the answers to the
i. of Organization
foregoing questions and all statements there' con =' ed are true and correct.
Subscribed and sworn to before me this day o , 20
Notary Public
My commission expires.
•
00320-2
•
SECTION 00330
LISTING OF SUBCONTRACTORS
The Bidder proposes that the following subcontractors are qualified to perform the referenced work
and have successfully done so on recent projects similar in nature and size. Upon approval of
• subcontractors listed the successful bidder shall not substitute subcontractors without approval from
the Engineer.
•
SUBCONTRACTOR COMPANY NAME REFERENCES
C;4.7 oC rnti.;+tQ.nc
Odyssey Mfg.
2)C1 1
Chemical Feed System
3) Cott in- CoLin,
1) Pa
Concrete 2) Qrev 3 C)' eou-w
Spectrashield Conservation 3) V atlas i a ou-v V/
1) Ci 0C ('. 1er-
Precision
Instruments 2) a t 1 a? Psuk,61,►r•r\OLI
Instrumentation and (n s
Controls 3)C, t-y Ot Ed,se.A0a,4-e
1) f v\.ama ee. Cour�4-1
JMP Solutions ``
Fuel Piping 2) PC.L Civi C Constru,Ji
3)-gtutwe. {h,�11ec v...t.ic.&
Setv.lt■a`e. Cou"k"/
Electrical y
Chinchor Electric a) Orct," e 4,
3, C;4-/ o Cocoa
END OF SECTION
00330 - 1
•
SECTION 00331
LISTING OF PREVIOUS EXPERIENCE
The idder proposes that he/she is qualified to perform the referenced work and has successfully
done s on recent projects similar in nature and size. A minimum of three(3)projects mus elisted
below. thecOwner reserves the right to check references and confirm information prow' herein.
NO. PROJECT NN, OWNER DESCRIPTION/COST REFERENCE
\
1 Central Pasco -•.fiasco county Kurt Heath, P.E.
Water System New Port Richey, (813)760-1964
Improvements Florida
Boyette WTP \
2 Bates Avenue .,
,P City of EustisN Kerry Wolfe, P.E.
WW
Florida (407)839-3955
N
\\
3 Mitchell wTP e •, Florida Robert Dickson
Improvements .venunent (407)580-8481
Utility
Authority
N
NN
`/ END OF SECTION
00331 - 1
. SECTION 00410
BID BOND i
Build, Inc.
KNOW ALL MEN BY THESE PRESENTS, that we, Brandes Desian- as Principal and
Westfield Insurancen of the City of Westfield CenterState of OH . a
corporation existing under the laws of the State of Florida,as Surety, are held and firmly bound
unto the City of Edgewater hereinafter called the Owner, in the sum of
five percent of the amount bid Dollars ($ 5% of bid )lawful
money of the United States of America,for the payment of which sum well and truly to be made,
we bind ourselves our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
The condition of this obligation is such that whereas the Principal has submitted the
i accompanying Proposal or Bid,for the construction of:
T'p;
f'`. WASTEWATER TREATMENT PLANT RENEWAL AND REPLACEMENT
.1 BID NO.ITB 12-ES-010
;:, SRF#WW64052
*r
f, ::.
NOW, THEREFORE, if the Principal shall not withdraw said Bid within ninety (90) days after
• acceptance proposal by
., the opening of the same and in the event of the ac ce of his sal the Owner, shall,
'_�' within the period specified therefore, enter into a written contract with the Owner in accordance
�:n pe pe ,
� • with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be
ii
required, for the faithful performance and proper fulfillment of such contract, or in the event of
>': the withdrawal of said Bid within the period specified, of the failure to enter into such contract
<r.; and give bonds within the time specified, if the Principal shall pay the Owner the difference
. :; procure the
';�'�: ' • between the amount specified in said Bid and the amount for which the Owner may pr
• . required work, if the latter amount be in excess of the former, then the above obligation shall be
< void and of no effect,otherwise to remain in full force and virtue,
• fir:,
. . .
. .
..1.,,i.:
tiV
w;. s : 00410- 1
G.`,}(;
1
IN WITNESS WHEREOF,the above bounden parties have executed this instrument under their
several seals this 12 day of Jul y ,20.,12 the name and corporate seal of each corporate body
being hereto affixed and these presents duly signed by its undersigned representative,pursuant to
authority of its governing body.
(Seal)
IN PRESENCE 012
ma��' sML _. t (Seal)
I .(Seal)
Individual or Partner
Witness
• Address
Hrandes De-i•n-Bum'• .. 1
-' 'orate 'Srcipal
ATTEST: / /
ident AFFIX
CORPORATE SEAL
51 NE Coachman Rd.
Clearwater, 33765
• Address
By
AFFIX
CORPORATE SEAL
Westfield Insurance Company
Corporate Surety
ST:
^ s'"' Title Attorney-in-fact
END OF SECTION
•
• 00410-2
General POWER NO. 0994782 00
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as 'Companies, duly
organized and existing under the laws of the State of Ohio,and having its principal office in Westfietd Center, Medina County,Ohlo,do by these
presents make,constitute and appoint
KEViN WOJTOWICZ,GLENN ARVANITiS, JENNIFER STEPHENS,JOHN R. NEU,JOINTLY OR SEVERALLY
of ST. PETERSBURG and State of FL its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred In Its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of
suretyship •
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President,sealed with the corporate
seal of the applicable Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved,that the President,any Senior Executive,any,Secretary or any Fidelity&Surety Operations Executive or other Executive shall
be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Altorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and
deliver, any and all bonds,recognizances,contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such
Attorney-In-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'
'Be It Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' (Each adopted at a meeting
held on February 8,2000).
in Witness whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 07th day of
OCTOBER A.D.,2008 .
.w.NN,p•
COs ariste sYily( ,..`P.�t t'e .j4;S,, " '"•,,� WESTFIELD INSURANCE COMPANY 14
Affixed �' ro. d ;`'p�'''• •G': lM WESTFIELD NATIONAL INSURANCE COMPANY
��'I $ ;;L.r y OHIO FARMERS INSURANCE COMPANY
" 5 SEAL •h- :.6,_� . •
B
State of Ohio n.mr,..•` ,1 ,. •
,�•'•N"o,....•`�~• y'
RI and L. Kinnalyd,Jr.,Nat onal Surety Leader and
County of Medina ss.: Senior Executive
On this 07th day of OCTOBER A.D.,2008 ,before me personally came Richard L. Kinnaird, Jr.to me known,who, being by me duly
sworn, did depose and say,that he resides in Medina, Ohio;that he is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
Instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed
by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order.
Notarial ,,"r,
Seal
Affixed q L S r
P.••
r
William J. Kahelin,A ney at Law,Notary Public
State of Ohio ,p
Jay 11, 42,0410 My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code)
County of Medina ss.: .' .f•
ETC Ot O,dr
I,Frank A.Canino,Secretary of WESTFIELD INSURANCE.COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies,which is still In full force and effect;end furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are
In foil force and effect. .
in Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 12 day of
July AAtiQ. 2012. .
ra, o �,
qSEAL 4 NI SEAL m' z i Ri ii �y - '. ` / 1 4M.fl_+j0�.' ..r. �' =y 'n ; 1$49 r� Secartary,
'ti, � ':7i'• '•o: , �. •eNr Frank A. Carrino, Secretary
s
... .....••`�� 4••r.,INW om•`
BPOAC2(combined)(06-02)
SECTION 00470
SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON
PUBLIC ENTITY CRIMES:
This sworn statement is submitted with Bid, Proposal or Contract No. for
Brandes Design-Build, Inc. . This sworn statement
is submitted by Brandes Design-Build, Inc. whose business address
is 2151 NE Coachman Road, Clearwater, FL and(if applicable)
its Federal Employer Identification Number (FEIN) is 5 9-3 6 7 8 2 5 5 (If the entity has no
FEIN, include the Social Security Number of the individual signing this sworn statement:
My name is
Kevin Klaus any my relationship to the entity named above
is President
I understand that a "public entity crime" as defined in Paragraph 287.133(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to
the transaction of business with any public entity or with an agency or political subdivision of
any other state or with the United States, including, but not limited to, any bid or contract for
goods or services to be provided to any public entity or an agency or political subdivision of any
other state or of the United States and involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133(i)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial,or entry of
a plea of guilty or nolo contenders.
I understand that an "affiliate" as defined in Paragraph 287.133(1)(a),Florida Statutes,means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an
affiliate. The ownership by one person of shares constituting a controlling interest
in another person, or a pooling of equipment or income among persons when not
for fair market value under an arm's length agreement, shall be a prima facie that
one person controls another person. A person who knowingly enters into a joint
00470-1
venture with a person who has been convicted of a public entity crime in Florida
during the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(i)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies).
xx Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members or agents who are active in management of
the entity, nor any affiliate of the entity have been charged with and convicted of a public
entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate
which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing officer of the
State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. (Please
attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceedin: before a hearing officer of the State of Florida, Division of
Administrative He '. s. The final ors er entered by the hearing officer determined that it
was in the public • 4re- to re • .- the person or affiliate from the convicted vendor list.
(Please attach a ,.py .f - ' al order).
(Signature) /, / Date: 7l a S/a-6/3.-
State of FLORI . /
D County of PINELLAS
PERSONALLY APPEARED BEFORE ME, the undersigned authority, k e it j h k!ci,,s
who, after first being sworn by me, affixed his/her signature in the space provided above on this
f5 day of TwlY , 20111).
I Cvn.
My Commission Expires: q/a 1/ o9Of 3 Notary Publ /241--
666 jjj END OF SECTION
00470-2
SECTION 00480
ANTI-COLLUSION STATEMENT
By signing this form, the bidder agrees that this is made without any other understanding,
agreement, or connection with any person, corporation, or firm submitting a proposal for the
same purpose and that the proposal is in all respects fair and without collusion or fraud.
SIGN in ink in the space provided below. Unsigned bids will be considered incomplete, and will
be disqualified, and rejected.
IT IS AGREED BY THE UNDERSIGNED BIDDER THAT THE SIGNING AND DELIVERY
OF THE BID REPRESENTS THE BIDDER'S ACCEPTANCE OF THE TERMS AND
CONDITIONS OF THE FORGOING SPECIFICATIONS, CONTRACT AND PROVISIONS,
AND IF AWARDED, THIS CONTRACT WILL REPRESENT THE AGREEMENT
BETWEEN EACH OF THE • E ' I NTAL PARTIES.
Bran. -s D= ign-Bui d, Inc.
NAME OF FIRM:
SIGNED BY: evin Klaus
(MUST S�%NED BY A COMPANY OFFICER OR AUTHORIZED AGENT)
P 'sid-nt
TITLE:
2151 NE Coachman Road
ADDRESS:
CITY AND STATE: Clearwater, FL 33765
TELEPHONE: ( 727 ) 445-7544
COMPLETION TIME:
NO proposals will be withdrawn for a period of sixty (60) days subsequent to the opening of the
proposals, without the consent of the City of Edgewater
NO BID (REASON) Pi A
END OF SECTION
00480-I
SECTION 00485
DRUG FREE/TIE PREFERENCE STATEMENT
In the event of a tie bid a preference is given to vendors submitting a certification with their
bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087,Florida
Statutes. This requirement affects all public entities of the State and becomes effective January 1,
1991. The special conditions are as follow:
IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace
programs. Whenever two or more bids which are equal with respect to price,quality,and service are
received by the State or by any political subdivision for the procurement of commodities or
contractual services,a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace program.
In order to have a drug-free workplace program,a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing,possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection(1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction or,or plea
of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance
law of the United States or any state,for a violation occurring in the workplace no later than
five (5)days after such conviction.
5. Impose a sanction on, or require the satisfaction participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community,by any employee
who is so convicted.
6. Make a good ith effort to continue to maintain a drug-free workplace through
implementati• ooff . 's section.
As the person au ''•ri' s to sign the statement,I certify that this firm complies fully with the above
requirements.
July 25, 2012
VEND O'�� 'F4t' - ' Kevin Klaus DATE
/ END OF SECTION
00485 - 1
SECTION 00490
TRENCH SAFETY AFFIDAVIT
Trench excavations on this Project are expected to be in excess of 5 feet deep. The Occupational
Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench
safety standards will be in effect during the period of construction of the Project.
Bidder acknowledges that included in the Bid Price are costs for complying with the Florida Trench
Safety Act (90-096, Laws of FL) effective October 1, 1990, and hereby gives assurance that, if
awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the
Project will comply with the applicable trench safety standards. The Bidder further identifies the
costs as follows:
Trench Safety Item (Description) Cost
Type "B" Layback $5,000.00
Five Thousand Dollars and Zero Cents
(Cost in Words)
TOTAL$ 5,000.00
FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE :ID BEING DECLARED
NON-RESPONSIVE /
COMPANY N• 'i . andes -sign-Build,Inc.
DATE: July 25, 2012 BY:
K- 707-aus
ti shall oval sheets sha 1 b e attached,as needed,and m. shall be organized to correspond with the
bid format)
END OF SECTION
00490- 1
SECTION 00620
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Nancy Cole , certify that I am the Corporate secretary ofthe corporation named as
Principal in the within Bid Bond;that K e i n Wo j tow i c z who signed the said Bid Bond
on behalf of the Principal was then Attorney-in-fact of said corporation; that I know his
signature, and his signature thereto is genuine; and that said Bid Bond was duly signed,sealed and
attested for in behalf of said corporation by authority of its governing body.
/ .
//
A 'I :4 R
FFIX ATE SEAL
END OF SECTION
00620- 1
___'.....40 BRANDO2 OP ID:L3
A C°R° CERTIFICATE OF LIABILITY INSURANCE °"'0`/06/12"''
o3/a5i12
I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms end conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER 813-226.1300 exec,.
Brown&Brown of Florida,Inc. 813-226-1313 PiiO i FAX
Tampa,FL 33684-6519 °'E"o' I(A/C.Nor.
Jack Suber ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIL R
INSURER :Bituminous Casualty Company 20095
INSURED Brandes Design Build,Inc. INSURER a:Bridgefleld Employers Ins. 10701
2161 NE Coachman Rd
INSURER c
Clearwater,FL 33765
INSURER D:
INSURER S:
INSURER P: _
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADM SUER tly POLICY EFF (MM DDIYYYYI LIMITS
LIR luxe Iwo POLICY NUMBER MlODlyyyY) EXP
GENERAL UA8SJ1Y EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LABIUTY CLP3567170 03/13/12 03113!13 AGE T D RENTED
CLAIMS-MADE {X I OCCUR ,PREMISES(Ei occurrence) $ 100,000
MEO EXP(Any ors person) ,s 6,000
PERSONAL&ADVINJURY $ 1,000,000
•
GENERAL AGGREGATE s 2,000,000
r�G-E�NL AGGREGATE UNIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000
POLICY I l Ter 1 1 LOC Emp Ben. $ 1,000,000
AUTOMOBILE LIABILITY tCEOeMS d l7GLELMrr ; 1,000,000
h X ANY AUTO CAP3567171 03/13/12 03/13/13 BODILY INJURY(Prof person) $
ALL OWNED —SCHEDULED —
AUTOS AUTOS BODILY INJURY(Per ecddeM) $
HIRED AUTOS NON-OWNED PROPERTY DAMAGE _
AUTOS (Per accident)
$
/
X UMBRELLA LAB X OCCUR EACH OCCURRENCE f 5,000,000
A EXCESS
SS LA CLAIMS-MADE CMS-MADE CUP2592453 03/13/12 03/13/13 AGGREGATE $ 5,000,000
I
DED X RETENTION$ 10,000 s
WORXERSCOMPENSATION I WCSTATU- I (0TH
AND EMPLOYERS'LMBSJTY Y!N X I TORY LIMITS( 1 FR
B ANY PROPRIETOR/PARTNER/EXECUTrvE 83031655 03/13/12 03/13/13 E.L EACHACODENT s 1,000,000
OFFICERMIEMBER EXCLUDED? a N I A
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
Oyes IPTIONunder E.L.DISEASE-POLICY LIMIT,$ 1,000,000
DESCRIPTION OF OPERATIONS below
A Equipment Floater CLP3567170 03/13/12 03/13/13 Leased 250,900
Ded 1,000
DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (Attach ACORD 101.Additional Remarks Schedule,If more space Is ngWrsd)
CERTIFICATE HOLDER CANCELLATION
BIDPURP
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Bid Purposes ONLY ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD
SECTION 00800C
DAVIS BACON CERTIFICATION FORM
"Notwithstanding any other provision of law and in a manner consistent with other provisions in
this Act, all laborers and mechanics employed by contractors and subcontractors on projects
funded directly by or assisted in whole or in part by and through the Federal Government
pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, `'United States Code. With respect to the labor standards
specified in this section, the Secretary of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of
title 40, United States Code. "
To meet this requirement, the undersigned hereby certifies that the attached Davis Bacon wage
rate provisions contained in Appendix C of FDEP Supplementary Conditions are met. These
conditions require the submission of certified payrolls documenting that the weekly payrolls
meet the prevailing wage rate requirements.
Brandes De4'•n_Bu ' • ic. 7/25/2012
Name of Contr-• o Date
Si:1V �Authorized Official Kevin Klaus
President
Title
00800C-1
o , STATE OF FLORIDA
N.f 64/ . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
44 CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395
'' 1940 NORTH MONROE STREET
.n" TALLAHASSEE FL 32399-0783
KLAUS, KEVIN MICHEAL
BRANDES DESIGN-BUILD INC
2151 NE COACHMAN RD
CLEARWATER FL 33765
STATE OF FLORIDA AC# �t 976 0c
Congratulations! With this license you become one of the nearly one million ..,.-" ,;':.47:4.
9 Y Y ,•: *pPAkoTI NT't tSF•. AUS Sa�S'ANA:
Floridians licensed by the Department of Business and Professional Regulation. hTT
Our professionals and businesses range from architects to yacht brokers,from PROSS'IO1�tAL fL$GU3. SON.
boxers to barbeque restaurants,and they keep Florida's economy strong.
CGC062773 05/27/10 '09816076
Every day we work to improve the way we do business in order to serve you better
For information about our services,please log onto www.myflorldalicense.com. CERTIFIED GENERAL CONTRACTOR •,
There you can find more information about our divisions and the regulations that KLAUS KEVIN •MICHEAL .
impact you,subscribe to department newsletters and learn more about the BRANDES DESIGN-BUILD INC
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly.We •
constantly strive to serve you better so that you can serve your customers. I3 CERT'IF'IED under the provi.ioas of cr+.469 to
Thank you for doing business in Florida,and congratulations on your new license! c=yirecioa oat., Attd 31, "2012 L.10052701136
DETACH HERE
AC# 4 9 7 6 3 0 9 STATE OF FLORIDA "
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ' '
' ; -
- CONSTRU T'.Il}N ;NDUSTRY LICENSING BOARD .. "
DATE BATCH NUMBER LICENSE'' NBR
0 27 2010.:.0.9.86.5776 - . c 0062'773 •
Tile GENERAL C R1�CTOE
lamed below-. IS(ERTIFTED r
Jnder'' ttre picov aions of Chapter 489 FS.
Expiration date: AUG 31, 2012
KLAUS-, .KEVIN MICHEAL r
$RANDES DESIGN-BUILT INC .
' 215_x:"NE. COACHMAN RD •
CLEARWATER FL 33765
•
CHARLIE CRIST . , CHARLIE. LIEM
GOVERNOR INTERIM SECRETARY
DISPLAY AS REQUIRED SY LAW -
AGENDA REQUEST 1 O b
Date: August 20,2012
#2012-092
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS August 20,2012
ITEM DESCRIPTION:
Approval of Technical Services during Construction&Performance/Warranty Period of the Waste Water Treatment Plant
Renewal&Replacement Project
BACKGROUND:
The City completed the pre-qualification process to approve 14 contractors to bid the above-referenced project. Of the 14,
six (6) bids were received. The recommended company, Brandes Design-Build, Inc. has the necessary experience and
abilities to effectively construct this project. Quentin L. Hampton will provide the necessary professional services to this
project during the course of construction and for the duration of the performance/warranty period.
ATTACHMENT: Quentin L. Hampton Associates, Inc—Proposal
STAFF RECOMMENDATION:
Staff recommends approval of the work order& purchase order to Quentin L. Hampton Associates, Inc. for the technical
services during construction & performance/warranty period of the Waste Water Treatment Plant Renewal &
Replacement Project.
ACTION REQUESTED:
Motion to approve the work order & purchase order to Quentin L. Hampton Associates, Inc. for technical services during
construction & performance/warranty period of the Waste Water Treatment Plant Renewal & Replacement Project in the
amount not to exceed$431,600& approve the necessary budget amendment.
FINANCIAL IMPACT: (Finance Director)
Funding to be ovided from Cash Reserves
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES X NO
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: AGENDA ITEM#
Respectfully submitted, Concurrence:
"Brenda Dewees Robin L. Matusick
Environmental Services Director Parale al
Tracey T arlow
City M. ager
entin L.Hampton Associates,Inc. TELEPHONE:(386)781-6810
BRAD T. HAMPTON;P.E. P FAX:(386)761-3977
BRAD T.SLAG,P.E. Consulting Engineers EMAIL:giha(�glha.com
DAVID A.KING,P,E.- P.O.DRAWER 290247
ANDREW M.GP.NNINI,P.E. PORT ORANGE,FLORIDA 32129-0247
KEVIN A.LEE,P.E.
July 27,2012
Brenda Dewees
Public Works Director
City of Edgewater
104 N. Riverside Drive
Edgewater,FL 32132
CITY OF EDGEWATER
WASTEWATER TREATMENT PLANT RENEWAL&REPLACEMENT
SCOPE OF SERVICES AND FEE ESTIMATE FOR TECHNICAL SERVICES DURING
CONSTRUCTION AND PERFORMANCE/WARRANTY PERIOD
Dear Brenda,
We are pleased to offer the enclosed scope of services and engineering fee estimate for
professional services during construction for the above referenced project. The project has been
designed, permitted and bid. Bids have been received and award recommendation prepared for
$6.347 million. The enclosed scope of services and fee estimate details professional services to
be provided by QLH during the course of construction and for the duration of the
performance/warranty period.
The described project is a complex undertaking and is estimated to take approximately 15
months to construct. This project will require the continuous involvement of a senior project
manager, technicians, resident project representative, grant/loan specialists and administrative
support staff The following services will be provided under the scope described herein: loan
administration and compliance,construction administration,resident project representation and
technical support during the performance/warranty period.A detailed description of services to
be provided under each category is attached.
It is estimated that the total project duration,including the performance period,is approximately
30 months. We have prepared a not to exceed, lump sum fee estimate for the City's
consideration. We appreciate this opportunity to continue serving the City and are available at
your convenience to discuss the project further. If you have additional questions,do not hesitate
to contact either Kevin or myself at(386) 761-6810.
Sincerely,
Kevin A.Lee, P.E.
Br. R T. ais," E
Pisident Project Engineer
BTB:el
Enclosures: Scope of Services and Fee Estimate
EW69 construction services proposal cover letter 7-27-12
SCOPE OF SERVICES AND FEE ESTIMATE
TECHNICAL SERVICES DURING CONSTRUCTION
WASTEWATER TREATMENT PLANT RENEWAL&REPLACEMENT
CITY OF EDGEWATER,FLORIDA
July 27,2012
General
The proposed scope of engineering services shall include comprehensive loan
administration/compliance, contract administration, on-site inspection, and performance
assessment services during construction for the above referenced project.The project includes
the construction of the following elements:
• Headworks equipment replacement.
• Installation of odor control for the headworks and influent lift station.
• Rehabilitation of the influent lift station and replace existing pumps.
• Replace all mechanical equipment on the biological process basins,install new aeration
equipment,and a new electrical building.
• Construct a new 3rd clarifier and rehab the two (2) existing units, including sludge
pump replacement.
• Rehabilitate backwash system of existing filter.
• Convert gas chemical system to liquid.
• Replace reuse and effluent transfer pumps and reaeration floating aerators.
• Install new generator to meet plant capacity.
• Replace three(3)reuse high service pumps and construct building over pump station.
• Enclose current generator area for new lab space.
• Construct centrifuge dewatering system to improve sludge handling.
The estimated construction period is 15 months and the performance/warranty period is 1
year following construction. Proposed technical services include all professional services
during construction and for the 1 year performance period following substantial completion.
Professional services to be provided are further described,as follows:
Loan Administration and Compliance
1. Complete all SRF documentation and loan compliance forms on the City's behalf.
2. A filing system will be set up so that parallel files will be maintained at the City's and
Consultant's office. Representatives from the FDEP Bureau of Facility Funding will
periodically inspect these files.
3. The firms SRF specialist will attend all site inspections and accompany FDEP
representatives during their site reviews and audits.
4. Process all pay requests,loan disbursement requests,and change orders.
5. Visit site each month to collect certified payrolls and perform contractor and sub-
contractor interviews for Davis-Bacon wage rate compliance.
6. Monitor owner direct purchase (ODP) of equipment and process reimbursement
EW69 construction services scope and fee estimate 7-27-12
requests for same. This provides a sales tax savings of 6% on major equipment
purchases.The estimated savings on this project is approximately$180,000.
7. Record keeping and files must be kept in accordance with FDEP requirements. The
Engineer will prepare a'Master'file for each loan and provide a template to the City.
The City will be responsible for keeping a copy of all files in accordance with the
'Master'template.
8. Upon completion of the project,QLH will prepare all'close-out'paperwork.
Construction Administration
1. Conduct the preconstruction conference. Prepare minutes of the preconstruction
conference and distribute the minutes to all who attend.
2. Issue the Notice to Proceed to the contractor.
3. Log,process,and review shop drawings and material certificates. Distribute reviewed
shop drawings to the Contractor and the City.
4. Provide continuous project manager support for field adjustments conflict resolution.
5. Attend and preside over monthly construction progress meetings.
6. Review and approve Contractor monthly pay requests.
7. Review and recommend approval/denial of contractor's proposed change orders.
8. Conduct site inspections during construction.
9. Attend and document the substantial completion inspection.
10. Prepare punch-list of final work/corrective items.
11. Prepare construction record drawings incorporating all of the changes made during
construction. Furnish City with an electronic copy of record drawings in AutoCAD
format,plus one reproducible Mylar set and three sets of prints.
Resident Project Representation
1. A senior resident project representative(RPR)will monitor and document construction
progress for the anticipated duration of 15 months.
2. Review and process shop drawings and material certificates.
3. Supervise and track material testing and testing results.
4. Communicate with the Engineer to resolve field conflicts and changes.
5. Serve as a liaison between City staff and the Contractor.
6. Enforce specification requirements regarding maintenance of plant operations.
7. Attend monthly coordination meetings.
8. Attend and document equipment startups and periodic and final inspections.
Performance and Warranty Period
1. Provide technical assistance and engineering support for all treatment process
monitoring and documentation of performance guarantees provided by process
suppliers.
2. Track warranty repair work and coordinate with Contractor for completion of same.
3. Prepare Final Certification of Completion for FDEP.
EW69 construction services scope and fee estimate 7-27-12
Exclusions
The scope of work does not include any effort related to legal services,geotechnical/material
testing,laboratory testing and other services not specifically defined herein.
Estimated Schedule
The construction period defined within the project specifications is 450 days (15 months)
following the Notice to Proceed(NTP).The performance and warranty period is one(1)year
following substantial completion. It is estimated that the NTP will be issued within 90 clays
following project award.The total duration of professional services is estimated at 30 months.
Estimated Fees
A not to exceed lump sum fee is proposed for all services described herein.The lump sum fee
shall be full compensation for all time, materials, labor, travel, overhead, and reimbursable
expenses incurred by the Engineer during the construction and performance/warranty period.
It will be billed as a percentage of project completion in direct proportion to the periodic pay
requests submitted by the Contractor.The estimated fees included in the SRF loan application
were calculated as 7.5%of the total construction value.We propose to perform the described
work for 6.8% of the total contract value. The total award amount for this project is based
upon a contract of$6.347 million.The lump sum fee is calculated below.
• Total lump sum fees for technical services: $6.347 m*.068 = $431,600
Prepared By:
QUENTIN L.HAMPTON ASSOCIATES,INC.
-Consulting Engineers-
July 27,2012
EW69 construction services scope and fee estimate 7-27-12
Edgewater City Council Meeting
August 20,2012
Council Member Report: Gene Emter
1. I have been asked to serve as a county representative to the Central Florida MPO Alliance
(CFMPOA).The Central Florida Metropolitan Planning Organization (MPO)Alliance is a
coalition of transportation and government organizations committed to addressing
transportation challenges on a regional basis.
2. Aug 8:Attended the County Econ. Development meeting. Had an opportunity to speak to
several County Council members about our CRA proposal
3. After reviewing the budget section, I realized I have very little knowledge about the water-
wastewater system and asked Mr. Barlow to arrange a tour for anyone who may be
interested in learning more about the process.
4. With the notion of expanding communication between the city and its residents, I discussed
a "pilot project"with the City Manager. This pilot would gather together the Officers of the
HOA's in Edgewater and provide us an opportunity to inform them of city goals and
activities and also to hear their ideas and concern. The pilot project would also include a
Newsletter.
5. I also discussed with the City Manager a proposal which would be aimed at promoting and
expanding lines of communication with the County and other SE Volusia officials. We have
several major initiatives that involve both the County and our neighboring municipalities,
including our proposed CRA and the developments of Reflections and Gateway.
6. TPO
No meeting this month. Search for a new Executive Director is ongoing.
Search committee recommended the selection of Mr. Howard Tipton to assist the TPO in
the recruitment process
Screening and Interview Activities
1. Vetting process- -Top five finalists will undergo a thorough background check (the
initial fifteen semi-finalists will receive a criminal check only). A thorough background
check includes employment, references, education and credentials, etc. The job offer is
subject to satisfactory results of all checks. Search committee chairman and consultant
will choose police/sheriff to conduct criminal check.
2. Receipt of applications/resumes: Email addressed to Howard Tipton, Volusia TPO.
Questions about recruitment process forwarded to consultant for follow-up; questions
about TPO operations, finance and planning forwarded to interim executive director.
3. Screening subcommittee (composed of chairman, consultant and interim director) is
recommended to screen all applicants down to ten —fifteen candidates- -search
committee screens down to top five.
6. Notification: TPO will notify top five candidates of selection and process. All finalists
must acknowledge their attendance at the interviews.
7. Recommended selection interview process:
A. Finalists will arrive the night before the interviews if out of state.
B. .The search committee will conduct a one-day interview process. Each interview
will last 30—45 minutes in the morning. The committee will adjourn at 11:45am
to an informal lunch with the top three finalists who will rotate tables at lunch
every twenty minutes. Candidates then leave.
C. The search committee will reconvene at 1:30 p.m. to determine their top
choice.
Final selection and start date will depend on action of TPO board and contract
negotiations.
Tentative Schedule
(Proposed 8-1-12)
• Initial Meeting with Consultant Monday,August 6th(regularly scheduled meeting
date)
• Post lob Ads Tuesday,August 7th
• Update to TPO Board Tuesday, August 28th
• Deadline for Resumes Friday, September 21st(6 weeks)
• Review for Qualifications September 24th—28th(ID top 10-15 candidates)
• (criminal background check only)
• Search Committee Meeting Monday, October 1st(regularly scheduled meeting
date)
• (narrow to final 3-5 candidates)
• Pre-screen Final Candidates October 2nd- 10th(additional background screening)
• (thorough background check,
• references)
. Interviews October 15th— 195t
. Recommend to TPO Board Tuesday October 23.d
• Execute Employment Contract Early November
At the Executive Director Search Committee meeting on Monday, the committee
unanimously approved and authorized the Chairman to begin the negotiation of a
contract with Ms. Lois Bollenback to fill the position of Volusia TPO Executive Director.
This item will be placed on the TPO Board's agenda for approval at the August28,
2012 meeting.