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09-24-2012
Voting Order Councilman Emter Mayor Thomas Councilman Kennedy Councilwoman Bennington Councilman Ignasiak AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 24,2012 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. I. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Chamber of Commerce Presentation b. World Wide Day of Play Proclamation 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. Approval of the Victim of Crime Act(VOCA) Agreement for the position of Victim Advocate and authorization for the Mayor or City Manager to execute the Grant Agreement. b. Approval of the Agreement(Schedule A)with SunGuard H.T.E. and authorization for the City Manager to execute the document for the base price of$6,564.00 per month. c. Approval to piggyback the City of Lake Wales bid for Sodium Hypochlorite with Odyssey Manufacturing Company. d. Approval to piggyback the City of Cocoa's bid for the purchase of Carbon Dioxide from Airgas Carbonic. e. Approval of Addendum No. 1 to the agreement with Dedicated Transport Service of Lakeland, Inc and authorization for the City Manager to execute the document. f. Approval and authorization for the City Manager to execute the Volusia TPO Membership Assessment and Funding Agreement. City Council Agenda September 24,2012 Page-2- 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2"d Reading — Ordinance No. 2012-0-08: An amendment to Article III (Permitted, Conditional,Accessory and Prohibited Uses)of the Land Development Code. b. 2"d Reading — Ordinance No. 2012-0-09: Amending and restating Article V (Site Design Criteria)of the Land Development Code. c. 2"d Reading - Ordinance No. 2012-0-10: GS Florida, LLP requesting an amendment to the Official Zoning Map to include 5,187± acres of land west of Interstate 95 and north of S.R. 442 as SCD/PUD(Sustainable Community Development Planned Unit Development). d. Resolution No. 2012-R-10: Modifying the Purchasing Policy, which complies with Florida Statutes. e. Resolution No. 2012-R-18: Modifying the administrative fees to the schedule of costs/fees relating to the City of Edgewater Code of Ordinances. f. Resolution No.2012-R-20: Approval of the Final Millage Rates for Fiscal Year 2012/2013. g. Resolution No. 2012-R-21: Approval of the Final Budget, providing for appropriations for Fiscal Year 2012/2012. 9. BOARD APPOINTMENTS—None at this time 10. OTHER BUSINESS a. Extension of Ordinance No. 2010-0-16, an Ordinance to temporarily reduce impact fees for non-residential properties for an additional one(1)year. b. Extension of Ordinance No. 2010-0-17, an Ordinance to temporarily defer applicable Sidewalk, Fire/EMS, Police and Transportation/Road Impact Fees for an additional one (1) year. c. Extension of Resolution No. 2010-R-12, a Resolution to temporarily reduce fees for one (1) year for annexation of non-residential property and other related fees. d. Authorization for the City Manager to negotiate the 2012/2013 Line of Coverage Insurance Premiums and to bind coverage. e. Approval of the Coastal Florida Public Employees Association Agreement for the fiscal year 2012/2013. f. Approval of the Fraternal Order of Police Agreement for the fiscal year 2012/2013. g. Approval of the Edgewater Professional Firefighters IAFF Lieutenant Agreement for the fiscal year 2012/2013. 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 October 15,2012. 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 Wen_el, 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. Voting Order Councilman Emter Mayor Thomas Councilman Kennedy Councilwoman Bennington Councilman Ignasiak AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 24,2012 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 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Chamber of Commerce Presentation b. World Wide Day of Play Proclamation 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. Approval of the Victim of Crime Act(VOCA)Agreement for the position of Victim Advocate and authorization for the Mayor or City Manager to execute the Grant Agreement. b. Approval of the Agreement(Schedule A)with SunGuard H.T.E. and authorization for the City Manager to execute the document for the base price of$6,564.00 per month. c. Approval to piggyback the City of Lake Wales bid for Sodium Hypochlorite with Odyssey Manufacturing Company. d. Approval to piggyback the City of Cocoa's bid for the purchase of Carbon Dioxide from Airgas Carbonic. e. Approval of Addendum No. 1 to the agreement with Dedicated Transport Service of Lakeland, Inc and authorization for the City Manager to execute the document. f. Approval and authorization for the City Manager to execute the Volusia TPO Membership Assessment and Funding Agreement. City Council Agenda September 24,2012 Page-2- 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2" Reading — Ordinance No. 2012-0-08: An amendment to Article III (Permitted, Conditional, Accessory and Prohibited Uses)of the Land Development Code. b. 2"d Reading — Ordinance No. 2012-0-09: Amending and restating Article V (Site Design Criteria)of the Land Development Code. c. 2" Reading - Ordinance No. 2012-0-10: GS Florida, LLP requesting an amendment to the Official Zoning Map to include 5,187± acres of land west of Interstate 95 and north of S.R. 442 as SCD/PUD(Sustainable Community Development Planned Unit Development). d. Resolution No. 2012-R-10: Modifying the Purchasing Policy, which complies with Florida Statutes. e. Resolution No. 2012-R-18: Modifying the administrative fees to the schedule of costs/fees relating to the City of Edgewater Code of Ordinances. f. Resolution No.2012-R-20: Approval of the Final Millage Rates for Fiscal Year 2012/2013. g. Resolution No. 2012-R-21: Approval of the Final Budget, providing for appropriations for Fiscal Year 2012/2012. 9. BOARD APPOINTMENTS—None at this time 10. OTHER BUSINESS a. Extension of Ordinance No. 2010-0-16, an Ordinance to temporarily reduce impact fees for non-residential properties for an additional one(1)year. b. Extension of Ordinance No. 2010-0-17, an Ordinance to temporarily defer applicable Sidewalk, Fire/EMS, Police and Transportation/Road Impact Fees for an additional one (1) year. c. Extension of Resolution No. 2010-R-12, a Resolution to temporarily reduce fees for one (1) year for annexation of non-residential property and other related fees. d. Authorization for the City Manager to negotiate the 2012/2013 Line of Coverage Insurance Premiums and to bind coverage. e. Approval of the Coastal Florida Public Employees Association Agreement for the fiscal year 2012/2013. f. Approval of the Fraternal Order of Police Agreement for the fiscal year 2012/2013. g. Approval of the Edgewater Professional Firefighters IAFF Lieutenant Agreement for the fiscal year 2012/2013. 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 October 15,2012. Pursuant to Chapter 286, P.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 Wen_el, 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. AGENDA REQUEST Date: September 5, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT 09/24/2012 BUSINESS ITEM DESCRIPTION: Approval of the Victim of Crime Act (VOCA) Agreement BACKGROUND: The City of Edgewater has been participating with the State of Florida Attorney General's Office since 2005 with the Victim of Crime Act (VOCA). The federally funding grant will reimburse the City for funding of the Victim Advocate position in the amount of$35,000.00. Staff is requesting approval for the Mayor or City Manager to execute the agreement for the position and funding reimbursement. STAFF RECOMMENDATION: Staff recommends City Council approval for the position of Victim Advocate and authorization by the Mayor or City Manager to execute the Grant Agreement. ACTION REQUESTED: Motion to approve the position of Victim Advocate and authorize the Mayor or City Manager to execute the Grant Agreement. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: David J. Arcieri Robin L. Matusick Chief of Police Paralegal racey T. Barlow City Manager OFFICE OF THE ATTORNEY GENERAL pEY Gtri� Division of Victim Services Oktilay I�� A Christina F. Harris, Bureau Chief . ` eP Advocacy and Grants Management OF FLOP PAM BONDI PL-01 The Capitol Tallahassee,FL 32399-1050 ATTORNEY GENERAL Phone(850)414-3300 Fax(850)487-3013 STATE OF FLORIDA http://www.myfloridalegal.com August 29, 2012 Chief Dave Arcieri Edgewater Police Department 135 East Park Avenue Edgewater, Florida 32132-3109 Dear Chief Arcieri: Two original 2012/2013 Victims of Crime Act (VOCA) Agreements are enclosed. The Agreement is the contract that will make funds available for your program. To execute the VOCA Agreement, please complete the following: 1. Have the authorizing official sign the agreement on the last page and each of the attachments. 2. Include the Federal Employer Identification number of your agency, and if you are a public agency, include your SAMAS (FLAIR) code, if applicable. 3. Retain an original of the Agreement for your files. 4. Return an original to the Bureau of Advocacy and Grants Management, Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050. No grant expenses for the period of October 1, 2012, through September 30, 2013, may be incurred until the agreement has been signed by all parties. Please do not make any alterations to the Agreement. Any delay in execution will delay the availability of grant funds. Grant expenses will not be processed for reimbursement until the signed original agreement has been received in this office. I look forward to working with you during the coming year. If you have any questions regarding your VOCA Agreement, please call me or Melissa Hendershot, Program Administrator, at (850) 414-3300. Sincerely, Christina Harris, Bureau Chief Advocacy and Grants Management CH/bls Enclosures 2012/2013 AGREEMENT BETWEEN THE STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL AND Edgewater Police Department GRANT NO. V12110 THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by and between the State of Florida, Office of the Attorney General, the pass-through agency for the Victims of Crime Act (VOCA), Catalog of Federal Domestic Assistance (CFDA)Number- 16.575, hereafter referred to as the OAG, an agency of the State of Florida with headquarters located at PL-01, The Capitol, Tallahassee, Florida 32399-1050, and the Edgewater Police Department, 135 East Park Avenue,Edgewater, Florida 32132-3109 hereafter referred to as the Provider. The parties hereto mutually agree as follows: ARTICLE 1. ENGAGEMENT OF THE PROVIDER The OAG hereby agrees to engage the Provider and the Provider hereby agrees to perform services as set forth herein. The Provider understands and agrees all services are to be performed solely by the Provider and may not be subcontracted or assigned without prior written consent of the OAG. The Provider agrees to supply the OAG with written notification of any change in the appointed representative for this Agreement. This Agreement shall be performed in accordance with the Victims of Crime Act (VOCA), Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 62,No. 77, April 22, 1997,pp. 19607-19621 and the U.S. Department of Justice, Office of Justice Programs, Financial Guide, incorporated herein by reference. ARTICLE 2. SCOPE OF WORK For the 2012/2013 grant period, the Provider will maintain a victim services program that will be available to provide services to victims of crime that are identified by the Provider and/or are presented to the Provider, as outlined in the 2009/2010 grant application approved by the OAG, and the approved service and budget changes for 2012/2013, incorporated herein by reference as the 2012/2013 Letter of Intent Revisions, unless otherwise approved by the OAG in writing. ARTICLE 3. TIME OF PERFORMANCE This Agreement shall become effective on October 1, 2012, or on the date when the Agreement has been signed by all parties, whichever is later, and shall continue through September 30, 2013. No costs incurred by the Provider prior to the effective date of said Agreement will be reimbursed and Provider is solely responsible for any such expenses. The original signed document must be returned to the OAG by October 15, 2012, or within 15 days of signature by all parties, or the Agreement shall be voidable at the option of the OAG. 1 of 12 ARTICLE 4. AMOUNT OF FUNDS The OAG agrees to reimburse the Provider for services completed in accordance with the terms and conditions of the Agreement. The total sum of monies reimbursed to the Provider for the costs incurred under this Agreement shall not exceed $35,000. The Provider agrees not to commingle grant funds with other personal or business accounts. The U.S. Department of Justice, Office of Justice Programs, Financial Guide does not require physical segregation of cash deposits or the establishment of any eligibility requirements for funds which are provided to a recipient. However, the accounting systems of Providers must ensure OAG funds are not commingled with funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another. Where a Provider's accounting system cannot comply with this requirement, the Provider shall establish a system to provide adequate fund accountability for each project. In accordance with the provisions of Section 287.0582, F. S., if the terms of this Agreement and reimbursement thereunder extend beyond the current fiscal year, the OAG's performance and obligation to reimburse under this Agreement are contingent upon an annual appropriation by the Florida Legislature. This Agreement is contingent upon the OAG's Victims of Crime Act award funded through the U.S. Department of Justice, Office for Victims of Crime formula grant program. ARTICLE 5. E-PROCUREMENT Prior to execution of this Agreement,the Provider shall be registered electronically with the State of Florida at MyFloridaMarketPlace.com. If the parties agree that exigent circumstances exist that would prevent such registration from taking place prior to execution of this Agreement, then the Provider shall so register within twenty-one (21) days from execution. The online registration can be completed at: http://dms.myflorida.com/dms/purchasing/myfloridamarketplace. ARTICLE 6. AUTHORIZED EXPENDITURES Only expenditures which are detailed in the approved budget of the grant application, a revised budget, or an amended budget approved by the OAG are eligible for reimbursement with grant funds. Any modification to the budget must be requested in writing to the OAG and will require prior approval by the OAG. Modification approval is at the discretion of the OAG. The Provider acknowledges and agrees any funds reimbursed under this Agreement must be used in accordance with the Victims of Crime Act, Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 62, No. 77, April 22, 1997, pp. 19607-19621, and the U.S. Department of Justice, Office of Justice Programs, Financial Guide, incorporated herein by reference. The Provider and the OAG agree VOCA funds cannot be used as a revenue generating source and crime victims cannot be charged either directly or indirectly for services reimbursed with grant funds. Third party payers such as insurance companies, Victim Compensation, Medicare or Medicaid may not be billed for services provided by VOCA funded personnel to clients. Grant funds must be used to provide services to all crime victims, regardless of their 2 of 12 financial resources or availability of insurance or third party reimbursements. The OAG and the Provider further agree that travel expenses reimbursed with grant funds will be in accordance with all Section 112.061, F.S. requirements. Expenditures of state financial assistance must be in compliance with all laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. Only allowable costs resulting from obligations incurred during the term of the Agreement are eligible for reimbursement, and any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. The Provider shall reimburse the OAG for all unauthorized expenditures and the Provider shall not use grant funds for any expenditures made by the Provider prior to the execution of this Agreement or after the termination date of the Agreement. If the Provider is a unit of local or state government, the Provider must follow the written purchasing procedures of the government agency. If the Provider is a non-profit organization, the Provider agrees to obtain a minimum of three (3) written quotes for all single item grant-related purchases equal to or in excess of one thousand dollars ($1,000) unless it is documented that the vendor is a sole source supplier. ARTICLE 7. PROGRAM INCOME Providers must provide services to crime victims, at no charge, through the VOCA funded project. Upon request, the Provider agrees to provide the OAG with financial records and internal documentation regarding the collection and assessment of program income, including but not limited to victim compensation, insurance, restitution and direct client fees. ARTICLE 8. METHOD OF PAYMENT Payments under this Agreement shall be made on a cost reimbursement basis. Reimbursement shall be made monthly based on the Provider's submission and OAG approval of a monthly invoice and monthly performance report. The Provider will be held responsible for meeting the deliverables and the performance standards as outlined in Part 4 of the VOCA Letter of Intent Revisions and approved by the OAG, incorporated herein by reference as Attachment A, unless otherwise approved by the OAG in writing. The monthly invoice may include the VOCA Personnel Spreadsheet(VPS), Match Personnel Spreadsheet (MPS), and Actual Expense Report(AER), if applicable. Monthly performance reports must be completed and received with the monthly invoice to document the provision of the project deliverables. Reimbursement of a monthly invoice is contingent upon OAG receipt of the corresponding monthly performance report, and approval of the level of service provided during the report period. 3 of 12 The monthly invoice, with applicable VPSs, MPSs and AERs, and the monthly performance report must be submitted to the OAG by the last day of the month immediately following the month for which reimbursement is requested. The Provider shall maintain documentation of all costs represented on the invoice. The OAG may require documentation of expenditures prior to approval of the invoice, and may withhold reimbursement if services are not satisfactorily completed or the documentation is not satisfactory. The final invoice is due to the OAG no later than 45 days after the expiration or termination of the Agreement. If the complete and correct invoices are not received within these time frames, all right to reimbursement may be forfeited, the OAG may not honor any subsequent requests, and the OAG may terminate the Agreement. Any reimbursement due or any approval necessary under the terms of this Agreement may be withheld until all evaluation, financial and program reports due from the Provider, and necessary adjustments thereto, have been approved by the OAG. The Provider agrees to maintain and timely submit such progress, fiscal, inventory, and other reports as the OAG may require pertaining to this grant. The Provider is required to match the grant award as required in the VOCA Federal Guidelines. Match contributions of 20% (cash or in-kind) of the total cost of each VOCA project (VOCA grant plus match) must be reported monthly to the OAG. All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within the grant period. Unless otherwise approved by the OAG, match must be reported on a monthly basis consistent with the amount of funding requested for reimbursement. ARTICLE 9. VENDOR OMBUDSMAN Pursuant to Section 215.422(7), F.S. (2011), the Agency of Financial Services has established a Vendor Ombudsman, whose duties and responsibilities are to act as an advocate for vendors who may have problems obtaining timely payments from state agencies. The Vendor Ombudsman may be reached at (850)413-5516. ARTICLE 10. LIABILITY AND ACCOUNTABILITY The Provider, if a non-profit entity, agrees to provide continuous and adequate director, officer, and employee liability insurance coverage against any personal liability or accountability by reason of actions taken while acting within the scope of their authority during the existence of this contract and any renewal(s) and extension(s) thereof. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. ARTICLE 11. INDEPENDENT CONTRACTOR The Provider agrees that it is an independent contractor and not an officer, employee, agent, servant,joint venture or partner of the State of Florida, except where the Provider is a state Agency. Neither the Provider nor its agents, employees, subcontractors or assignees shall represent to others that the Provider has the authority to bind the Agency. This contract does not 4 of 12 create any right to any state retirement, leave or other benefits applicable to State of Florida personnel as a result of the Provider performing its duties or obligations under this contract. The Provider agrees to take such actions as may be necessary to ensure that each subcontractor of the Provider will be deemed an independent contractor and will not be considered or permitted to be an employee, agent, servant,joint venturer, or partner of the State of Florida. The Agency will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support)to the Provider, or its subcontractor or assignee, unless specifically agreed in writing by the Agency. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider, the Provider's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Provider. ARTICLE 12. DOCUMENTATION AND RECORD RETENTION The Provider shall maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of grant funds. The Provider shall maintain a file for inspection by the OAG or its designee, Chief Financial Officer, or Auditor General that contains written invoices for all fees, or other compensation for services and expenses, in detail sufficient for a proper pre-audit and post-audit. This includes the nature of the services performed or expenses incurred,the identity of the person(s) who performed the services or incurred the expenses, the daily time and attendance records and the amount of time expended in performing the services (including the day on which the services were performed), and if expenses were incurred, a detailed itemization of such expenses. Documentation, including audit working papers, shall be maintained at the office of the Provider for a period of five years from the termination date of the Agreement, or until the audit has been completed and any findings have been resolved, whichever is later. The Provider shall give authorized representatives of the OAG the right to access, receive and examine all records, books, papers, case files, documents, goods and services related to the grant. If the Provider fails to provide access to such materials, the OAG may terminate this Agreement. Section 119.071, and Section 960.15 F.S., provides that certain records received by the OAG are exempt from public record requests, and any otherwise confidential record or report shall retain that status and will not be subject to public disclosure. The Provider, by signing this Agreement specifically authorizes the OAG to receive and review any record reasonably related to the purpose of the grant as authorized in the original grant application and or the amendments thereto. Failure to provide documentation as requested by the OAG shall result in the suspension of further reimbursements to the Provider until requested documentation has been received, reviewed, and the costs are approved for reimbursement by the OAG. The Provider shall allow public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, unless the records are exempt under one of the provisions mentioned in the paragraph above, or are exempt from Section 119.071 F.S. or 5 of 12 Section 24 (a) of Article I of the State Constitution and Chapter 119, Florida Statutes. Failure by the Provider to allow the aforementioned public access constitutes grounds for unilateral cancellation by the OAG at any time, with no recourse available to the Provider. ARTICLE 13. VICTIM ADVOCATE DESIGNATION The Provider agrees to have at least one staff member complete training through the OAG's Victim Services Practitioner Designation Training. ARTICLE 14. PROPERTY The Provider agrees to be responsible for the proper care and custody of all property purchased with grant funds and agrees not to sell,transfer, encumber, or otherwise dispose of property acquired with grant funds without the written permission of the OAG. If the Provider is no longer a recipient, all property acquired by grant funds shall be subject to the provisions of the U.S. Department of Justice, Office of Justice Programs, Office of the Comptroller Financial Guide. ARTICLE 15. AUDITS The administration of funds disbursed by the OAG to the Provider may be subject to audits and or monitoring by the OAG, as described in this section. This part is applicable if the Provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event the Provider expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in Federal awards of any type in its fiscal year, the Provider must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Article 4 to this Agreement indicates the amount of Federal funds disbursed through the OAG by this Agreement. In determining the Federal awards expended in its fiscal year, the Provider shall take into account all sources of Federal awards, including Federal resources received from the OAG. 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 Provider conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in this part, the Provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the Provider expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not 6 of 12 required. In the event the Provider expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be reimbursed from non- Federal funds (i.e., the cost of such an audit must be reimbursed from Provider resources obtained from other than Federal entities). ARTICLE 16. AUDIT REPORT SUBMISSION Audits must be submitted no later than 180 days following termination or expiration of the Agreement, but may be submitted at a later date upon written approval of the OAG. 1. Copies of audit reports for audits conducted in accordance with OMB Circular A- 133, as revised, and required by this Agreement shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the Provider directly to each of the following: A. Office of the Attorney General Bureau of Advocacy and Grants Management PL-01, The Capitol Tallahassee, Florida 32399-1050 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and(2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320(e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package for an audit required by ARTICLE 15 of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the OAG for the reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised, the Provider shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the Provider's audited schedule of expenditures of Federal awards directly to the OAG. 3. Any reports, management letters, or other information required to be submitted to the OAG pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, as applicable. 7 of 12 4. Providers should indicate the date the financial reporting package was delivered to the Provider in correspondence accompanying the financial reporting package. ARTICLE 17. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, monitoring procedures may include, but not be limited to, on-site visits by OAG staff or its designee, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the OAG. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the OAG, Chief Financial Officer or Auditor General. The Provider may not accept duplicate funding for any position, service or deliverable funded by the OAG. Duplicative funding is defined as more than 100%payment from all funding sources for any position, service or deliverable. 'If there are multiple funding sources and a program is funded by the OAG, the OAG or its designee has the right to review all documents related to those funding sources to determine whether duplicative funding is an issue. If duplicate funding is found, the Agreement may be suspended,terminated or both while the extent of the overpayment is determined. Failure to comply with state law, or the U.S. Department of Justice Programs, Financial Guide, may also result in the suspension, termination or both of the Agreement while the extent of the overpayment is determined. Absent fraud, in the event that there has been an overpayment to a Provider for any reason, including the afore- mentioned, if the amount of the overpayment cannot be determined to a reasonable degree of certainty, both parties agree that the Provider shall reimburse to the OAG one half of the monies previously paid to the Provider for that line item for the grant year in question. ARTICLE 18. RETURN OF FUNDS The Provider shall return to the Agency any overpayments made to the Provider for unearned income or disallowed items pursuant to the terms and conditions of this contract. In the event the Provider or any outside accountant or auditor determines that an overpayment has been made, the Provider shall immediately return to the Agency such overpayment without prior notification from the Agency. In the event the Agency discovers that an overpayment has been made, the contract manager, on behalf of the Agency, will notify the Provider and the Provider shall forthwith return the funds to the Agency. Should the Provider fail to immediately reimburse the Agency for any overpayment, the Provider will be charged interest at the lawful rate on the amount of the overpayment or outstanding balance thereof ARTICLE 19. PUBLIC ENTITY CRIME Pursuant to Section 287.133, F.S. (2011), the following restrictions are placed on persons convicted of public entity crimes to transact business with the Agency: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she may not submit a bid on a contract to provide any goods or services to a public 8 of 12 entity, may not submit a bid on a contract with a public entity for the construction or the 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 any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. (2011), for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. ARTICLE 20. GRATUITIES The Provider agrees that it will not offer or give any gift or any form of compensation to any Agency employee. As part of the consideration for this contract, the parties intend that this provision will survive the contract for a period of two years. In addition to any other remedies available to the Agency, any violation of this provision will result in referral of the Provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure that its subcontractors, if any, comply with these provisions. ARTICLE 21. PATENTS, COPYRIGHTS, AND ROYALTIES The Provider agrees that if any discovery or invention arises or is developed in the course of or as a result of work or services performed under this contract, or in any way connected herewith, the discovery or invention shall be deemed transferred to and owned by the State of Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable materials are produced, the Provider shall identify all such materials to the Agency. Any and all copyrights accruing under or in connection with performance under this contract are hereby reserved to the State of Florida. The Provider shall indemnify and save the Agency and its employees harmless from any claim or liability whatsoever, including costs and expenses, arising out of any copyrighted, patented, or unpatented invention, process, or article manufactured or used by the Provider in the performance of this contract. The Provider shall indemnify and hold the Agency and its employees harmless from any claim against the Agency for infringement of patent, trademark, copyright or trade secrets. The Agency will provide prompt written notification of any such claim. During the pendency of any claim of infringement, the Provider may,at its option and expense, procure for the Agency, the right to continue use of, or replace or modify the article to render it non-infringing. If the Provider uses any design, device, or materials covered by letters patent, or copyright, it is mutually agreed and understood without exception the compensation paid pursuant to this contract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this contract. Subcontracts must specify that all patent rights and copyrights are reserved to the State of Florida. 9 of 12 ARTICLE 22. INDEMNIFICATION The Provider shall be liable for and indemnify, defend, and hold the Agency and all of its officers, agents, and employees harmless from all claims, suits,judgments, or damages, including attorneys' fees and costs, arising out of any act or omission or neglect by the Provider and its agents, employees and subcontractors during the performance or operation of this contract or any subsequent modifications or extensions thereof. The Provider's evaluation or inability to evaluate its liability shall not excuse the Provider's duty to defend and to indemnify the Agency within seven(7) days after notice by the Agency. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay all costs and fees including attorneys' fees related to these obligations and their enforcement by the Agency. The Agency's failure to notify the Provider of a claim shall not release the Provider from these duties. The Provider shall not be liable for any sole negligent acts of the Agency. ARTICLE 23. TERMINATION OF AGREEMENT This Agreement may be terminated by the OAG for any reason upon five (5) days written notice via certified mail. In the event this Agreement is terminated, the Provider shall deliver documentation of ownership or title, if appropriate for all supplies, equipment and personal property purchased with grant funds to the OAG, within 30 days after termination. Any finished or unfinished documents, data, correspondence, reports and other products prepared by or for the Provider under this Agreement shall be made available to and for the exclusive use of the OAG. Notwithstanding the above, the Provider shall not be relieved of liability to the OAG for damages sustained by the OAG by virtue of any termination or breach of this Agreement by the Provider. In the event this Agreement is terminated, the Provider shall be reimbursed for satisfactorily performed and documented services provided through the effective date of termination. ARTICLE 24. AMENDMENTS Except as provided under Article 6, Authorized Expenditures, modification of any provision of this contract must be mutually agreed upon by all parties, and requires a written amendment to this Agreement. ARTICLE 25. NONDISCRIMINATION The Provider agrees not to discriminate against any employee in the performance of this contract or against any applicant for employment because of age, race, religion, color, disability, 10 of 12 national origin, marital status or sex. The Provider further assures that all contractors, subcontractors, sub-grantees, or others with whom it arranges to provide services or benefits to clients or employees in connection with any of its programs and activities are not discriminating against those clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. This is binding upon the Provider employing fifteen (15) or more individuals. Subcontractors on any discriminatory vendor list may not transact business with any public entity, in accordance with the provisions of Section 287.134 F.S. (2011). ARTICLE 26. ACKNOWLEDGMENT All publications, advertising or written descriptions of the sponsorship of the program shall state: "This project was supported by Award No. awarded by the Office for Victims of Crime, Office of Justice Programs. Sponsored by (name of Provider) and the State of Florida." ARTICLE 27. EMPLOYMENT The employment of unauthorized aliens by the Provider is considered a violation of section 274A(e) of the Immigration and Nationality Act. If the provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Any services performed by any such unauthorized aliens shall not be paid. The Provider shall utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment of all persons employed during the contract term by the Provider to perform employment duties within Florida. ARTICLE 28. ASSURANCES Attachment"B" Assurances is hereby incorporated by reference. ARTICLE 29. CERTIFICATION FORM Attachment "C" Certification Form is hereby incorporated by reference. ARTICLE 30. CONTROLLING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all litigation arising under the Agreement shall be instituted in the appropriate court in Leon County, Florida. ARTICLE 31. AGREEMENT AS INCLUDING ENTIRE AGREEMENT This instrument and the grant application embody the entire Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein. This 11 of 12 Agreement supersedes all previous communications, representations or Agreements on this same subject, verbal or written, between the parties. The Provider's signature below specifically acknowledges understanding of the fact that the privilege of obtaining a VOCA grant is not something this or any Provider is entitled to receive. This Agreement is for one time funding only. There is absolutely no expectation or guarantee, implied or otherwise, the Provider will receive VOCA funding in the future. The OAG strongly encourages the Provider to secure funding from other sources if the Provider anticipates the program will continue beyond the current grant year. IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and the Edgewater Police Department, have executed this Agreement. Authorizing Official D •ctor of Administration John L.Hamilton Print Name Print Name cp.—. Date Date FELD#of Provider SAMAS Code ORIGINAL 12 of 12 Agency Name: Edgewater Police Department 2012-2013 LOI FORMS ATTACHMENT A PART 4. VICTIMS SERVED AND TYPES OF SERVICES Indicate the number of victims provided services by VOCA-funded and matching staff during the grant period. The figures indicated are projections based on historical data and/or the antici tejJ1leOgl ontlai ptailation served through the VOCA project. It is anticipated that the categories indicated for victim populations and/or services provided may be expanded or narrowed depending on the needs of the 0 s i t tjfi3Oci a grant period. At a minimum, the agency will provide services to no less than 90 percen o he totau him of projected victims. Each victim should be counted only once unless there is a separate instance of victimization. For example, a victim of spouse abuse assault should be counted one time during the grant period unless he/she is victimized as a result of a separate and unrelated crime. I2012-2013 VOCA Grant Award $ 35,0001 l/ #of Victims Type of Victim $Amount per % of Total #of Other Types For other types of crimes, to be Served Category Grant Amount of Victims to be identify and list each 15 Child Physical Abuse $ 355 1.01% Served separately below. 20 Child Sexual Abuse $ 474 1.35% 120 Vandalism 3 DUI/DWI Crashes $ 71 0.20% 12 Stalking 550 Domestic Violence $ 13,024 37.21% 60 Fraud 15 Adult Sexual Assault $ 355 1.01% 360 Burglary 100 Elder Abuse $ 2,368 6.77% 12 Suspicious Death 2 Adults Molested as Children $ 47 0.14% 4 Survivors of Homicide Victims $ 95 0.27% 25 Robbery $ 592 1.69% 180 Assault $ 4,263 12.18% TOTAL Subtotal VICTIMS 1,478 $ 35,000/ 100.00% 564 of"Other" $ 13,355.89 38.16% Indicate the number of victims projected to receive the following service(s). (See Definitions for a description of each service.) #of Victims Type of Service #of Other Types For other types of to be Served of Services to be services, identify and list 675 Crisis Counseling Provided each separately below. 600 Follow-up Contacts 120 Written contacts Therapy Support Groups Crisis Hotline Counseling Shelter/Safehouse 600 Information and Referral (In-Person) ORIGINAL 300 Criminal Justice Support/Advocacy Emergency Financial Assistance 225 Emergency Legal Advocacy 750 Assistance Filing Compensation Claims- Mandatory 450 Personal Advocacy 750 Telephone Contacts TOTAL 4,470 120 Subtotal of"Other" SERVICES Services ATTACHMENT B OMB APPROVAL NO. 1121-0140 ' a EXPIRES 06/30/2009 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21,A-87,A-102,A-110,A-122,A- 133; Ex. Order 12372 (intergovernmental review of federal programs);and 28 C.F.R.pts. 66 or 70 (administrative requirements for grants and cooperative agreements).The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability(including funds sufficient to pay any required non-federal share of project cost)to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the General Accounting Office,through any authorized representative, access to and the right to examine all paper or electronic records related to the financial — assistance. 4. It will comply with all lawful requirements imposed by the awarding agency,specifically including any applicable regulations,such as 28 C.F.R. pts. 18, 22,23, 30,35,38,42,61,and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency(if necessary)in assuring compliance with section 106 of the National Historic Preservation Act of 1966(16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties),the Archeological and Historical Preservation Act of 1974(16 U.S.C.§ 469 a-1 et seq.), and the National Environmental Policy Act of 1969(42 U.S.C. § 4321). 6. It will comply(and will require any subgrantees or contractors to comply)with any applicable statutorily-imposed nondiscrimination requirements,which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d);the Victims of Crime Act(42 U.S.C. §10604(e));The Juvenile Justice and Delinquency Prevention Act of 2002(42 U.S.C. § 5672(b));the Civil Rights Act of 1964 (42 U.S.C. § 2000d);the Rehabilitation Act of 1973 (29 U.S.C. §7 94);the Americans with Disabilities Act of 1990 (42 U.S.C.§ 12131-34);the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07);see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 7. If a governmental entity— a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.),which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Signature Date Date ORIGINAL ATTACHMENT C CERTIFICATION FORM Recipient Name and Address: Grant Title: Grant Number: Award Amount: Contact Person Name and Title: Phone Number: ( ) } Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies,and the Office of Community Oriented Policing Services (COPS) to prepare,maintain on file,submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients,according to the regulations, must prepare, maintain on file and implement an EEOP,but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement inert complete Section A below. Recipients that claim the limited exemption from the submission requirement,must complete Section 13 below. A recipient should complete either Section A or Section II, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file(if applicable)has been prepared within two years of the latest grant. Please send the completed form(s)to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street,N.W., Washington, D.C. 20531. For assistance in completing this form, please call(202)307- 0690 or TTY(202) 307-2027. Section A-Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non-profit organization, ❑ Recipient is an educational institution,or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than S25,000 I, [responsible official], certify that [recipient] is r.ot required to prepare an EEOP for the reason(s) checked above,pursuant to 28 C.F.R §42.302. I further certify that _ [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B-Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for 525,000 or more,but less than 5500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): 1 z I, [responsible official], certify that the [recipient],which has 50 or more employees and is receiving a single award or subaward for 825,000 or more,but less than$500,000, has formulated an EEOP in accordance with.28 CFR §42.301,et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: [organization], at [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs,U. S. Department of Justice, as required by relevant laws and regulations. Print or type Name and Title Signature Date ORIGINAL OMB Approval No. 1121-0140 Expiration Date:01/31/06 AGENDA REQUEST Date: September 24, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT 09.24.2012 BUSINESS ITEM DESCRIPTION: SunGard H.T.E. Application Service agreement. BACKGROUND: On August 21, 2007, the City contracted with SunGard H.T.E. to house, supply, and maintain our enterprise software program. Schedule A — Order Form will extend the existing contract with H.T.E. for additional three (3) year period at a fixed base price for services. STAFF RECOMMENDATION: Staff recommends that City Council authorize the City Manager to execute the agreement (Schedule A) with SunGard H.T.E. ACTION REQUESTED: Motion to approve the Agreement (Schedule A) with SunGuard H.T.E. and authorize the City Manager to execute the document for the base price of$ 6,564.00/ month. FINANCIAL IMPACT: (Finance Director) F. J (SPECIFY IF BUDGET AMENDMENT IS RE d UIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: C(cA"- Jtl u ) > Tim Sopko M. Robin L. Matusick Paralegal Trace . Barlow Cit anager SUNGARD° PUBLIC SECTOR Supplement to the SunGard Public Sector Inc.Application Service Provider Agreement Schedule A- Order Form This Schedule A-Order Form is entered into under the terms and conditions of the SunGard Public Sector Inc. Application Service Provider Agreement dated August 21,2007 (Agreement), between SunGard Public Sector Inc. (SunGard Public Sector)and City of Edgewater, FL (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Customer Name: City of Edgewater, FL Yes No Initial Order Form X Agreement Number: EDGE-1391LG-120840 Replacement Order Form X Replaces Order Dated 1. Commencement Date: October 1, 2012 2. Term: 36 Months The initial Application Services Term begins upon Commencement Date and expires thirty-six(36) months thereafter. Thereafter, the Application Services Term will automatically renew for consecutive one(1)year periods, unless terminated by either party by providing written notice one-hundred eighty days(180) days prior to the upcoming Application Services Term annual renewal date. 3. Application Fees: Applications and/or Services Monthly Access Fee (36 months) Renewal Service ASP Renewal-070965-1 $ 6,014.00 Renewal Service ASP Renewal-070965.2 125.00 Renewal Service ASP Renewal-070965-3 425.00 Existing Products(Currently Licensed) GMBA(GM),Purchasing/lnventory(PI), Payroll/Personnel(PR), Included in Accounts Receivable(MR),Cash Receipts(CR),Customer Monthly Information System(CX),Applicant Tracking(Al),Land Management Access Fee (LX),Occupational Licenses(OL),Code Enforcement(CE),Building Permits(BP),Planning/Engineering(PZ),Click2Gov Core Module (K1),Click2Gov CIS(K2),CIIck2GovBuilding Permits(K3), Click2Gov Code Enforcement(KO),Click2Gov Citizens Survey System(KG),Click2Gov Employee Self Service(K1),Click2Gov Planning/Engineering(K7),One Point Core(KL),One Point C2G Credit Card Payment Activation(K4),QRep Catalogs(CJ)for GM,CR,CX,PI,LX,OL,PR,BP,CE,PZ,MR, Existing Products(Currently Licensed)- Document Management Services(DX),Cash Receipts Lockbox(CA), Included in Other CISNoice Response interface(V2),Delinquency Callout Listing Monthly Interface(DL),CIS Hand Held Upload(CU) Access Fee Third Party Products(Hosted Existing) Cognos Admin License(1),Cognos End User License(1) Included in Monthly Access Fee Retrofit Maintenance 14 Objects Included in Monthly Access Fee Services Setup, implementation,HELP Card, Disaster Recovery Plan for Included in SunGard applications Monthly Access Fee Concurrent Sessions-Monthly Access Fees 5 ASP Shared Environment Included in Monthly Access Fee Subtotal: $ 6,564.00 Total Proposed System: $ 6,564.00 Application Groups& Fees Notes: 1) Number of Concurrent Sessions listed above used in the calculation for the Monthly Access Fees. Changes to the number of Concurrent Sessions may impact the Monthly Access Fee. ASP Agreement,Schedule A-Order Form EDGE-13911.G-120840 Ver 06.01.09 Page 1 of 3 6/29/2012 Monthly Access Fee(s): The chart above reflects the initial Monthly Access Fee(s)only. During the initial Application Services Term, Monthly Access Fee(s)shall be at the rates listed below. Months 1 —36 $6,564.00 per month or$78,768.00 per year; Monthly Access Fees for any Contract Year subsequent to the initial Application Services Term are subject to change and will be specified by SunGard Public Sector in an annual invoice. APPLICABLE TAXES ARE NOT INCLUDED IN THIS ORDER FORM,AND, IF APPLICABLE,WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S)BEiNG SENT SEPARATELY TO THE CUSTOMER. 4. Payment Terms: The amounts noted above shall be payable as follows Monthly Access Fee: Due in advance on a monthly basis. The initial Monthly Access Fee will be due on the first of the month following the Commencement Date. Subsequent Monthly Access Fees will be due on the first of the month thereafter throughout the Application Services Term. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which SunGard Public Sector is seeking reimbursement, shall also be invoiced monthly. 5. Modification Retrofits. For each non-standard Application in library HTEMOD that was written by SunGard Public Sector or any Application that has had custom modifications performed by SunGard Public Sector at the Customer's request, SunGard Public Sector will perform all necessary programming to ensure that the program is compatible with each new software release, version, or program temporary fix made available by SunGard Public Sector. Fees for Modification Retrofits to be maintained are determined on an annual basis. This determination is based upon the number of modified objects prior to the beginning of each annualized ASP Term multiplied by the then current rate charged per object. 6. Third Party Products -Software and Hardware: 9.1 Grant of Third Party Licenses. Where applicable, SunGard Public Sector grants to Customer a personal, non-transferable, non-exclusive, limited-scope sublicense to use, in accordance with the license, use and confidentiality restrictions and other provisions of this Agreement, the third party software set forth on Schedule A("Third Party Software Products") subject to the following additional conditions: (i) the Third Party Product shall be used only in conjunction with any permissible use of the Application software specifically authorized hereunder, and (ii) the Third Party Products shall be used only in accordance with the Third Party Products documentation. 9.2 Third Party Products. During the term of this Agreement, SunGard shall use reasonable efforts to provide Customer the benefit of all indemnities and warranties granted to SunGard Public Sector by the licensor(s)or manufacturer(s)of the Third Party Products, to the extent possible without additional cost to SunGard Public Sector, as and if permitted by SunGard Public Sector's agreement with the licensor of the Third Party Products, and to the extent such warranties and indemnities pertain to Customer's use of the Third Party Products hereunder. In the event of any defect in any Third Party Products supplied by SunGard Public Sector, SunGard Public Sector will use commercially reasonable efforts to replace or correct the Third Party Products without charge, unless it has been damaged or corrupted after supply by SunGard Public Sector (including, but not limited to, damage caused by incorrect use, incorrect voltage or attempts to modify the Software or Third Party Products). If such damage or corruption has occurred after supply by SunGard Public Sector, SunGard Public Sector reserves the right to refuse to replace or correct the Third Party Products or to impose charges for so doing. Provided that SunGard Public Sector complies with this provision, it shall face no further liability with respect to any defect in any Third Party Products. ASP Agreement,Schedule A-Order Form LDGG 1391 LG-120840 I Vcr 06.01.09 Page 2 of 3 6/29/2012 CITY OF EDGEWATER,FL SUNG.. Rp PUBLIC SECTOR INC. r i Authorized Signature Authorized d Sienati re Controller, SunGard Public Sector Inc Print Name&Title Print Name&Title Date Date ASP Agreement,Schedule A-Order Donn LUGC-1391LG-120340 Vet 06.01.09 Page 3 of 3 6/29/2012 AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT 9/24/12 BUSINESS ITEM DESCRIPTION: Approval to Piggyback City of Lake Wales Bid for Sodium Hypochlorite at the Water Treatment Plant. BACKGROUND: The City of Lake Wales solicited for bids for Sodium Hypochlorite and entered into an agreement with Odyssey Manufacturing in the amount of $0.68 per gallon. The City of Edgewater has been using Odyssey Manufacturing as a supplier in the past and is satisfied with the product. Odyssey Manufacturing Company has agreed to honor this price to the City of Edgewater through September 30,2013. STAFF RECOMMENDATION: Approval to piggyback the City of Lake Wales' bid for Sodium Hypochlorite at a cost of$0.68 per gallon through Odyssey Manufacturing Company. ACTION REQUESTED: A motion to approve piggybacking the City of Lake Wales' bid for Sodium Hypochlorite with Odyssey Manufacturing Company. FINANCIAL IMPACT: (Annual Budget Amount)440-4030-533.52-50 $45,790 (SPE FY BUDGET MENDMEN`IS REQUIRED) YES NO X Jo McKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: renda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal / race . :arlow City ■ anager ODYSSEY MANUFACTURING CO. September 12,2012 Mr.Bob Pollizi WT Superintendent Alan R.Thomas Water Plant City of Edgewater 3315 S.R. 442 Edgewater,Florida 32132 Re: PROPOSAL TO SUPPLY BULK SODIUM HYPOCHLORITE TO THE CITY OF EDGEWATER UTILITIES DEPARTMENT FOR FY 2012 Dear Bob, As a follow-up tot our phone conversation earlier today,the City of Edgewater has been "piggybacking"the sodium hypochlorite contract from the City of Port Orange for the past year at a unit price of$.68 per gallon. This was a two-year agreement and that ends September 30,2012. In the interim,Odyssey is pleased to offer the City of Rockledge Utilities Department its Ultrachlor 12.5 Trade Percent sodium hypochlorite for the firm lump sum price of$.68 per gallon effective October 1,2012 through September 30,2013 to your"bulk"tanks at any of your Utility sites that are tanker accessible(NET 30). This price is fixed and not subject to any escalation or fuel or other surcharges during this period. The City of Edgewater would"piggyback"off of the recent City of Lake Wales sodium hypochlorite bid. I have attached a copy of the bid package,bid and bid tab. Sarah Kirkland is the point of contact with the City of Lake Wales @ 863-678-4182, Ext.286. Odyssey guarantees deliveries on 48 hours' notice. However, in no event,will Odyssey Manufacturing ever let you run out of bleach for any reason and will make emergency deliveries on a much shorter notice with no minimum delivery required at no additional charge. Additionally,Odyssey would agree to meet the attached"Product Guarantees"that was incorporated into our proposal to Lake Wales. Several key points about Odyssey and its offer to supply of sodium hypochlorite(a.k.a. "bleach"): • Sodium hypochlorite is the only product that you purchase that has a very short shelf life. The shelf life is greatly impacted by the quality of the sodium hypochlorite. Product impurities such as metals and sludge are a significant source of this decomposition. In fact, one could easily feed twice as much product with poorer quality bleach and a 10%savings in unit cost could be overshadowed byn a 50%increase in usage. Thus,differences between manufacturers in their manufacturing and delivery processes can have a dramatic difference on actual consumption. Additionally,the initial delivered strength can also impact the level of consumption. This means cost savings to the customer! Odyssey's unique manufacturing process results in significantly higher quality sodium hypochlorite that does not breakdown and decompose like other sodium hypochlorite manufacturers. As an example, in FY 2001, the Charlotte County EastPort WWT plant used 101,970 gallons of Odyssey Manufacturing sodium hypochlorite. The previous fiscal year,the facility used about 204,196 gallons with another supplier,despite lower plant flows(Reference: Verne Hall,currently Sarasota 3,) 635 03.x 3 )9� C �'F.s.:AS7E Y Z. m FAcTplos N R A � �`e/ :5; 0 ,2581 1484 MASSARO BLVD TAMPA, FL'33619 County Operations Manager @941-861-0501). In FY 2009, all of their facilities used 234,450 gallons with Odyssey Ultrachlor sodium hypochlorite. The previous fiscal year,the facilities used 428,000 gallons despite lower flows with another sodium hypochlorite supplier (Reference: Steve Bozman,Operations Manager @941-764-4595). Thus,Charlotte County is actually spending more money by not using Odyssey this fiscal year! The City of Jacksonville pools has averaged 355,000 gallons of usage the past two years with Odyssey Ultrachlor. Prior to that,they used 430,000 gallons using another supplier(Reference: Rick Sawyer,904-630-5401). As you know, both the City of Edgewater and Port Orange documented a 30%to 35%reduction in hypochlorite usage during FY 2009 when adjusted for flows after switching to Odyssey Manufacturing Co. (Reference: Steve Miller,City of Port Orange, WT Chief Operator,386-756-5380). In the twelve month period from February 2009—January 2010,the City of Tampa used 226,477 gallons of Odyssey Ultrachlor. The previous 12 months they used 700,000 gallons per year with their sodium hypochlorite supplier(Reference: John Peckett,Utility Operations, 813-247-3451). • Sodium hypochlorite is the only product that decomposes by"off-gassing". High quality sodium hypochlorite will not off-gas which leads to vapor locking of the chemical feed equipment. A high quality sodium hypochlorite will not lock up chemical feed equipment because of sludge. Many water and wastewater treatment plants had some of these problems with other sodium hypochlorite manufacturers prior to using Odyssey! • Odyssey provides unlimited technical support as demonstrated by the support we have provided the City of Edgewater over the past two years with regard to all of your chemical systems including installation of chemical systems at all of your plants and four emergency same day service calls over the years. As a licensed plumbing and general contractor,we specialize in chemical system installation and service work and are the only company in Florida who does so. Please confirm with your utility personnel our service in this area over the years. • We have the lowest bromate levels in the entire United States and are the only sodium hypochlorite manufacturer who has been certified as a Low Bromate Supplier. As you know, bromate is an EPA regulated carcinogen in drinking water. As the only proven chlor-alkali manufacturing facility in Florida,we can offer a unique combination of high quality combined with a very competitive cost structure. We make our raw materials (chlorine and caustic)on-site out of purified salt and demineralized water utilizing a membrane cell electrolysis process. Other manufacturers use chlorine and caustic from metal railcars which is laden with metal impurities or make their hypochlorite from industrial wastewater from a site that is contaminated and has negotiated consent orders. Thus,the Odyssey process is the only one that results in high quality bleach to go into drinking water,but also makes our product cost very competitive as we do not have to pay out of state third parties to make the raw materials for us and have them shipped down by railcar. We are the only sodium hypochlorite manufacturer who is not dependent on railcar shipments of chlorine gas into the State of Florida. Thank you for your consideration. We appreciate your business over the past three years. We look forward to the opportunity to continue to serve your sodium hypochlorite needs in the future. Please do not hesitate to contact me at(813)ODYSSEY or cellular(813)335-3444 if I can be of further assistance. Sincerely, A i ,--N7_,' j- C _(' (--..Patr-ick1I.Allman General Manager INVITATION TO BID June 7,2012 12-351 NOTICE IS HEREBY GIVEN that the City of Lake Wales is accepting sealed bids for: PROCUREMENT OF SODIUM HYPOCHLORITE Until 2:00 P.M. EST on Tuesday, July 10,2012, in the office of the City Manager, Municipal Administration Building,201 Central Ave. W.,Lake Wales, Florida. Bids will be opened and read aloud at 2:30 P.M. EST on Tuesday, July 10, 2012, in the City Commission Chambers, Municipal Administration Building,201 Central Ave. W.,Lake Wales,Florida All persons and firms wishing to submit bids must obtain a complete copy of the Invitation to Bid document. Access our website, www.cityoflakewales.com, go to City Departments, Purchasing,Notice of Bids, RFP's, etc. and submit a City of Lake Wales Vendor Application a W-9 and a current Public Entity Crimes Statement with their response. Access our website, www.cityoflakewales.com, go to City Departments, Purchasing Forms and Documents or contact Bonnie Hodge,Purchasing Agent, (863)678- 4182,extension 264 to obtain these items. Plans and specifications may be obtained from the City of Lake Wales Purchasing Department, 201 W. Central Avenue, Lake Wales, Florida 33853. The phone number is 863-678-4182, extension 264 and the fax number is 863-678-4180. The email address is hodgeb(cityoflakewales.com. An original and two (2) copies of all bids, including all executed documents and needed attachments, shall be placed in a sealed envelope, marked "09-188 SEALED BIDS PROCUREMENT OF SODIUM HYPOCHLORITE and delivered by 2:00 P.M.,EST on Tuesday,July 10,2012. Intent Under this schedule,the Contractor shall furnish liquid sodium hypochlorite(12.5 Trade Percent Available Chlorine)FOB destination in accordance with the American Water Works Association's (AWWA's) Standard B-300-99 for hypochlorite,except as modified or supplemented herein,to the City of Lake Wales'(3)Water Treatment(WT)and (1)Wastewater Treatment(WWT)plants. Staff will be available to answer any questions and will conduct site visits to the facilities upon request. Responses may be hand delivered,mailed,or delivered via courier service to the following address. Faxed or e-mailed responses will not be accepted. DELIVERY ADDRESS MAILING ADDRESS City of Lake Wales City of Lake Wales City Manager's Office City Manager's Office Attn: Bonnie Hodge,Purchasing Agent Attn:Bonnie Hodge,Purchasing Agent 201 Central Ave. W P.O. Box 1320 Lake Wales,Florida 33853-4013 Lake Wales,Florida 33859-1320 General Information and Requirements 1. In accordance with Chapter 119, Florida Statutes, all bids received, and all materials contained therein, once opened are public record, and subject to disclosure to any person, organization, or firm, including other firms responding to this invitation to bid. 2. In accordance with section 287.133,Florida Statutes,a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid or proposal on a contract to provide any goods or services to a public entity and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017-for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3. The City reserves the right to accept or reject any or all bids, or part thereof, to waive any informalities or technicalities, or to award contracts in the best interest of the City. In all instances,the City's decision shall be final. 4. The City of Lake Wales is exempt from taxes imposed by the State and Federal Government. Bids shall not include any taxes or fees. 5. Prospective firms must submit proposals strictly in accordance with the specifications outlined in the Invitation to Bid. Each variance, if any,to the specifications shall be specifically stated in the bid. 6. Prospective firms warrant by virtue of submission of bids that all prices, terms, and conditions stated shall be honored for a period of ninety(90)days after the opening of bids. Any changes at the time an order is placed shall result in automatic disqualification of the vendor. 7. Prospective Bidders must bid on the Bid Submittal Forms provided by the City. The original bid shall be signed, in blue ink, by a corporate officer,partner,or proprietor. 8. The City reserves the right to reject any or all items if in its judgment the item does not meet the needs of the City,or for any reason it deems suitable. 9. Prospective firms are hereby warned not to contact any City employee or official on matters relating to this Invitation to Bid, except as indicated herein. Any attempt to do so, or engaging in lobbying or any other activity interfering with the evaluation process may result in immediate disqualification of the vendor from any City business. 10. Per City ordinance, agreements and contracts with a term in excess of one year shall include the following language: "The performance of the City of Lake Wales and its obligation to pay under this contract is contingent upon annual appropriation by the City Commission of Lake Wales." Vendors are warned that this requirement is written into the Code of Ordinances of the City, a public document,and is binding upon all vendors whether or not referenced in any agreement. 11. Prospective firms hereby warrant by virtue of submission of bids that any and all terms, conditions, and requirements as stated in this document are valid, enforceable, and binding upon the selected vendor. Specific Information and Requirements 1. Answers to questions submitted about this Invitation to Bid or the Project will be provided to all known prospective bidders. 2. The selected firm may not discriminate against any employee employed in the performance of services, or against any applicant for employment because of race, religion, color, handicap, national origin,age,gender,or marital status. 3. Bids shall include all information required in the Invitation to Bid. Bidders shall use City standard forms as included in the Invitation to Bid to submit all information, or shall follow the format dictated or include the information required herein where no form is provided. Bid documents shall be arranged in order as indicated on the Bid Contents Form. Evaluation of Bids This sealed bid shall be evaluated on the basis of price and prior history of service and capability from all bidders deemed qualified to perform the work, in accordance with City Ordinance. The City shall evaluate and analyze all, and select the bid that, in the City's sole and final judgment, represents the best fiscal and overall solution for the City. The City reserves the right to seek clarification from prospective firms on any issue in a bid, or take any other action it feels necessary to properly evaluate the bids and construct a solution in the City's best interest. Business References In order to have your bid considered,please supply three(3)business references consisting of current and previous customers with whom you have preformed similar work with your reply. Please include name, address,telephone number and contact person. Performance of Work The work required under this bid shall be performed by the entity submitting the bid. Scope of Work,Specifications and Other Requirements 1. Award of bids will be based on an individual low or overall low bid meeting specifications,whichever would be in the best interest of the City.The City reserves the right to reject any or all bids and/or waive any minor irregularities in the bids received,whichever would be in the best interest of the City. 2.The period of performance for this bid is from date of award through September 30,2013. It may be extended for two(2)one(1)year periods at the same terms and conditions,with the mutual agreement of all parties. 3. If it becomes necessary to revise or amend any part of this bid,an addendum will be issued and will be posted on the City's website at www.cityoflakewales.com,Purchasing&Bids,Notice of Bids. It is the sole responsibility of the bidders to check the website to ensure that all available information has been received prior to submitting a bid. 4.For further bid information,contact Bonnie Hodge,Purchasing Agent via email: bhodge @cityoflakewales.com or fax(863)678-4074. Bidder Qualification/Submittals For purposes of this Bid,the term`Bidder"shall be defined as the company submitting the proposal and shall include all subsidiaries,affiliates, and subcontractors. As such,any requested documentation shall apply to all subsidiaries and affiliated companies as well as any subcontractors. In the event that a company is using a subcontractor to either manufacture or deliver the product,the requested items(e.g.,references,terminations,and safety incidents)shall apply to the subcontractor as well. The awarded Bidder shall submit a 1500 ml"chilled"sample of their product representative of their manufacturing process from Bidder's manufacturing facility which would serve the customer to one of the approved testing laboratories listed in this Specification for analysis within the past ninety(90) days. The laboratory shall ascertain whether the Bidder's product is in compliance with this Specification for available chlorine,%sodium hypochlorite,excess caustic, iron, copper,nickel,chlorate,bromate and suspended solids(based on Filter Test time). The cost of the analysis shall be borne by Bidder. The results of the analysis shall be submitted with the Bidder's proposal. Failure to submit a sample or meet the requirements of the Specification shall result in Bidder being disqualified from bidding on this product. Further,Purchaser reserves the right to take samples from Bidder's other customers to ensure that the Bidder's sample and delivery equipment is in compliance with all the requirements of this Specification and such a sample shall be judged representative of the Bidder's quality. The Bidder shall provide a customer contact and phone number in the same county as the Purchaser whereby the Purchaser may obtain sample of Bidder's product to check it for compliance with the Specification. It is the Purchaser's intention to deal directly with this customer. Purchaser may choose to obtain a sample from any of Bidder's customers,however,to ensure compliance with the Specification. In such event, Purchaser shall bear the cost of any analysis. Based on this compliance check,failure to meet the requirements of this Specification shall result in Bidder being disqualified from bidding on this Product. Each prospective Bidder shall submit a list of at least three(3)references to include phone numbers that use or have used its sodium hypochlorite at both water and wastewater treatment plants(at least five of each type)in the past two years. The Reference List shall list actual users at the water and wastewater plants and not purchasing agents. Additionally,each Bidder shall provide the names of any customers where its contract was terminated early(e.g.,debarred)for safety,quality,or service issues for any product it supplies over the past five years. The Bidder shall also provide a detailed listing of all accidents,incidents,releases,spills,vehicle accidents involving death or injury and National Response Center Notifications("safety incidents")for all chemicals it delivers or manufacturers for the past five(5) years. Failure to disclose references,terminations,or safety incidents will result in Bidder being disqualified from bidding on this product. As part of its Emergency Preparedness Planning and Spill Response Plan,each prospective Bidder shall submit a list with 24-hour access phone numbers of at least two degreed engineers (preferably Chemical Engineers)listing their degree,college or university and year of graduation, experienced in sodium hypochlorite operations to provide emergency support services on a 24/7 basis in the event of a spill,equipment failure or other emergency. Failure to submit this list including all the requirements of the list or to adhere to these requirements will result in Bidder being disqualified from bidding on this product. As part of assessing the Bidder's reliability and safety record,the prospective Bidder shall include all regulatory actions including but not limited to,copies of any fines,correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities. Additionally,the Bidder shall submit a copy of its OSHA Form 300A/300 logs for the past three years(if the Bidder utilizes a third party driving company or affiliated company,then they shall submit the OSHA 300 logs for that company as well). The Purchaser may require a site visit to the Bidder's manufacturing and distribution facilities to assess their safety and reliability as part of the Bid Evaluation process. Bid Evaluation The Proposal Evaluation shall consider many factors including price,product quality,previous performance,safety,reliability,sample results and reference checks. Because of the hazardous nature of the product and the relatively short shelf-life of the product,strong consideration shall be given to the Bidder's quality,safety record,reliability,and previous performance in awarding the contract for the product. Commercial Conditions(Pricing, Term and Payments) The price of the sodium hypochlorite shall be fixed for the term of this Purchase Order and shall not be subject to any price escalation or fuel surcharges during the term of the Purchase Order. Suggested term is from one to three(3)years. All payments shall be NET 30 days. Delivery Requirements Contractor shall make"normal"deliveries within three(3)calendar(i.e.,not"working"days) days after receipt of order and must make"emergency"deliveries within 24 hours. An emergency delivery is defined as a delivery which is necessary in order to prevent the Purchaser from running out of sodium hypochlorite in less than 36 hours. Purchaser shall endeavor to minimize the number of"emergency"deliveries. The Contractor shall be responsible for any spills resulting from the failure of its or its subcontractor's delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require attendant delivery personnel's constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies,which would most commonly be expected to occur. The Purchaser reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking sodium hypochlorite. The tanks or trailers shall be clean and free of residue that may contaminate the Contractor's product or impede the unloading process. It is the Contractor's responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be supplied by the Contractor and shall be clean and free from contaminating material. The Purchaser may reject a load if the equipment is not properly cleaned. The Contractor shall furnish a Purchaser approved, leak-free connection device between the trailer and the Purchaser's intake receptacle. The Contractor shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The Contractor shall take immediate and appropriate actions to clean up any spilled liquid sodium hypochlorite. if the spill is not cleaned up,the Purchaser will hire a certified hazardous material handling company to clean up the spill,and the cost of such service will be charge to the Contractor and deducted from the amount due to the Contractor. If the Purchaser's unloading equipment such as pipe,valves or level indication and alarms should fail and the spillage is not the fault of the Contractor or its subcontractor,the Contractor shall be relieved of cleanup of the spill. Because of security and safety concerns,all delivery vehicle drivers shall be U.S.citizens and have a proper commercial driver's license with a Hazardous Material endorsement. Contractor's drivers shall display its driver's license and whenever challenged by Purchaser during the delivery. In addition,Contractor shall supply purchaser a"CD"with digital photographs of all of its delivery drivers with names imposed and shall send out an updated CD within 24 hours of any changes to its drivers. Purchaser shall use the CD to verify whether driver is actually an employee of the Contractor. Failure to show proper license or failure of driver to be listed on the CD provided to Purchaser shall result in rejection of delivery and could result in termination of the Contractor's supply agreement. Delivery Locations Delivery shall be made to: A. Water Treatment Plant#1-138 Sessoms Ave,Lake Wales,Florida 33853;Water Treatment Plant#3-1050 N 5th Street,Lake Wales,Florida 33853;Water Treatment Plant#2-1039 Grove Av,Lake Wales,Florida 33853 B. Sam P Robinson Waste Water Treatment Plant, 840 Henry Street,Lake Wales,Florida 33853 Sampling and Testing Sampling and testing shall be in accordance with EPA and AWWA B300-99 standards and in accordance with the documents titled: "The Weight Percent Determination of Sodium Hypochlorite,Sodium Hydroxide,And Sodium Chlorate in Liquid Bleach"and "Suspended Solids Quality Test for Bleach Using Vacuum Filtration", distributed by Powell Fabrication and Manufacturing, Inc,and available at http://www.powellfab.com. The approved laboratories are listed below. Should Bidder request to use another laboratory,that laboratory must be certified by the National Environmental Laboratory Accreditation Conference(NELAC)and must be able to meet the following Minimum Detection Limits(MDL): (I)Metals .02 mg/L;(2)Bromate.1 mg/L;(3)Chlorate 20 mg/L;and(4)Chlorine/Excess Caustic 0.1%. Bidder shall provide proof of current NELAC certification and laboratory analysis shall specify the MDL if a non-approved laboratory is used. Approved Testing Agency NovaChem Laboratories(formerly Novatek) Thornton Laboratories 5172 College Corner Pike 1145 East Cass Street PO Box 608 Tampa,Florida 33602 Oxford, Ohio 45056 Ph: 813-223-9702 Ph: 513-523-3605 Fax: 813-223-9332 Fax: 513-523-4025 Attn: Steve Thickett Special Note: Concentration testing for iron and transition metal ions for nickel and copper in sodium hypochlorite is a difficult test and requires high levels of knowledge and experience for accurate and repetitive test results. Sampling and Testing Prior To Unloading The Contractor's delivery trailer shall have a sample port to provide a sample for analysis prior to hooking up and unloading the trailer. The Contractor's delivery personnel(driver)shall be provide a sample of hypochlorite before the shipment is hooked up and unloaded in the presence of the Purchaser. The Purchaser will supply the sample container and the driver shall collect the sample from the tank truck and turn it over to the Purchaser. The sample shall be considered representative of the lot. The Purchaser reserves the right to subject samples of the hypochlorite to quick analyses to ensure that it meets basic conditions of the specification with respect to specific gravity,weight percent of sodium hypochlorite,sodium hydroxide,and suspended solids. Any lot tested by the Purchaser that fails to comply with the specifications shall constitute grounds for rejection of that lot. No payment shall be made for hypochlorite that is rejected. The Contractor or its subcontractors shall allow 45 minutes for this testing to be completed. If testing can not be completed within the 45-minute period,the Purchaser shall allow the Contractor to unload the shipment. In the event that the load is rejected,the Contractor shall have four(4)hours to supply another shipment. In the event that the Contractor is unable or unwilling to supply another shipment within this time period,Purchaser has the right to procure a shipment from another source. Two rejections of a lot or shipment in any twelve(12)month period shall constitute automatic termination of the Contractor's supply contract with the Purchaser. Sampling and Test of Shipment after Unloading The Purchaser reserves the right to subject samples of the hypochlorite to complete analyses to ensure that it meets EPA specifications,AWWA B300-99 specifications,and the supplemental specifications included with this document. A combination of two failures to comply with these specifications from either rejections of a shipment or from a subsequent complete laboratory analysis shall result in automatic termination of the Contractor's supply contract of the hypochlorite. Specifications of Material Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60(ANSI/NSF Standard 60),Drinking Water Treatment Chemicals Health Effects. It is the responsibility of the supplier to inform the Purchaser that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the contract between Purchaser and Contractor. Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter(GPL) available chlorine equivalent to 10.85 percent sodium hypochlorite by weight). Product shall be a clear straw colored liquid with no visible cloudiness,impurities,or sediment. Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide. Hypochlorite delivered under this contract shall meet the following containment concentration limits: Iron <0.3 mg/L Copper <0.03 mg/L Nickel <0.03 mg/L Chlorate <2,000 mg/L Bromate <20 mg/L Filter Test Time < 3 minutes The delivery time of the shipment shall not exceed 72 hours from the time of manufacture of the product. The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1000 ml when applying the "Suspended Solids Quality Test for Bleach Using the Vacuum Filtration"Method developed by Novatek and previously referenced in this Specification. Manufacturer's Laboratory Reports Delivery Reports: A certified report from the manufacturer shall be submitted for each sodium hypochlorite delivery to the Purchaser. The report shall contain the following data: • Date and Time of Manufacture • Percent by Weight Sodium Hypochlorite Excess Sodium Hydroxide • Specific Gravity (Referenced to a temperature) • Suspended Solids Test Time No deliveries will be accepted by the Purchaser unless accompanied by said certified laboratory report for the specific batch of sodium hypochlorite delivered showing the above data and that it conforms to the required specifications. Quarterly Reports: At the start of the contract and every 90 days,the Contractor shall utilize an outside testing agency acceptable to both the Purchaser and the Contractor(e.g.,one of the approved laboratories referenced in this Specification)to analyze a sample of the sodium hypochlorite delivered to the Purchaser. The Contractor shall supply the sample container and the driver shall collect the sample from the tank truck. This sample will be given to the Purchaser at the time of the sample and the Purchaser forward the sample to the approved authorized testing agency. Any failure to comply with the specifications shall constitute grounds for cancellation of the contract between Purchaser and Contractor. Charges for the manufacturer's certified report and all quarterly reports by outside testing agencies should be included in the bid price. Termination In addition to the various statements in this Specification stating the grounds for automatic termination of the Contractor's contract to supply sodium hypochlorite to Purchaser,the contract will be voided or terminated for any three failures by Contractor to meet any requirement of this Specification in the preceding twelve month period. These failures include, but are not limited to,failure to deliver in a timely manner,failure to deliver with proper equipment,failure of the product to meet the specification either prior to unloading,after unloading or as a result of a quarterly analysis,failure to provide a certificate of analysis and failure to respond in a timely manner to any Purchaser emergency. IN WITNE S WHEREOF,the parties hereto have executed this Agreement as of the date first above written. v~+MSSCL J m401 04,aanen& C ty Contractor Printed Na - Printed Name Cal Title: � ..� ►1 . � Title: a �� Date: eA LAJr Z t J d�2 Date: g 1 l Approved as t FForm: AGREEMENT FOR PURCHASE OF SODIUM HYPOCHLORITE This Agreement is made and entered into this o2 � day of'Au t , 2012 by and between the City of Lake Wales with offices at 201 W. Central Avenue, Lake Ales,Florida(the "City") and Odyssey Manufacturing(the"Contractor"). 1. SCOPE OF WORK A. This Agreement applies to the purchase of Sodium Hypochlorite,hereafter referred to as"Product", as set forth in Exhibit A, attached hereto, during the term of this Agreement. The prices for the Product and quantities are listed on Exhibit A. The terms and conditions of this Agreement shall apply to all purchase orders issued hereunder, and all other terms and conditions contained in either party's documents shall be inapplicable. B. This Agreement does not constitute a purchase order. Purchases under this Agreement shall be made only with purchase orders issued by the City. Contractor agrees that the City has made no guarantee or commitment that the City will purchase any minimum quantity of Product under this Agreement and it is understood that the quantities of individual parts purchased may vary. C. The sole liability of the City shall be limited to the payment for all acceptable Products delivered under this Agreement as authorized by the City's issuance of purchase orders. The City's Purchasing Department is the only department authorized to issue purchase orders under this Agreement. The City shall have no liability to Contractor for any orders issued by anyone other than the City's Purchasing Department. 2. TIME OF PERFORMANCE OF THE WORK Time is of the essence in the performance of this Agreement. Contractor shall proceed with the utmost diligence and dispatch in the performance of delivery of Product under this Agreement. 3. EXPENDITURE LIMITATION A. Contractor is not authorized to exceed $10,000 per individual purchase order unless the City's Purchasing Department has given advance written approval,after approval of the expenditure by the City Commission. The expenditure limitation shall not be considered as an obligation of the City to expend such amount. B. The City shall not be obligated to pay Contractor any sum in excess of the total authorized expenditure,and Contractor shall not be obligated to continue delivery or to incur costs in excess of the stated sum unless funding is increased through written supplement to this Agreement. 4. TERM The term of this Agreement shall commence on October 1,2012 and expire on September 30,2013. This Agreement maybe renewed for two(2)one(1)year periods at the same terms and conditions with the mutual agreement of all parties. I > MI( .1; 5. PRODUCTS AND PRICING A. The quantities of Product listed on Exhibit A are the City's best estimate of the aggregate quantities the City expect to purchase from the Contractor during the term of this Agreement. However, the City is obligated to buy, and is liable only for, the quantity of Product stated on each purchase order issued to the Contractor. B. If at any time during this Agreement, Contractor offers for sale any of the Product covered by this Agreement at a lower price for similar quantities,then it shall be deemed as of the effective date thereof that prices hereunder have been amended to reflect such lower prices for similar quantities. Contractor shall promptly notify the City of any such price reduction. 6. RESPONSIBILITIES A. Contractor shall provide all equipment,labor and material necessary to deliver the required Product. No equipment,material or personnel shall be provided by the City to Contractor. B. In the performance of the delivery, Contractor shall provide personnel who are qualified, careful and efficient employees in strict conformity with the best practices and applicable standards. Upon request of the City,Contractor shall remove from the performance of the deliveries hereunder any of its employees who,in the City's judgment,have not conducted themselves properly or are not qualified to perform the work. C. All Contractor's employees and agents must contact personnel at the entry point of the designated Facility and will be required to wear identification badges at all times while on the City's premises. 7. DELIVERY The Delivery Point is specified on the purchase orders. 8. A.Delivery dates for the Product shall be those stated on the City's purchase orders. Such delivery dates are at the City's facility. Contractor will notify the City immediately of any anticipated late deliveries or any impending shutdown of facilities for any reason. The City's acceptable delivery window is maximum five(5)working days early,zero(0)days late. B. If Contactor fails to meet any such delivery with the result that the City requires, and Contractor makes express shipments,partial shipments, or both, then Contractor agrees to assume all resulting excess shipping charges. C. The City may terminate any purchase order, in whole or in part, at no cost and without any liability upon giving the Contractor 60 days written notice prior to the delivery date. In addition the City may reschedule delivery of the Product by giving Contractor at least 10 days notice prior to the scheduled delivery date. 9. ACCEPTABLE QUALITY LEVELS A. Contractor agrees to maintain a quality control system for all Products to be delivered hereunder that will eliminate rejects and will strive toward a goal of zero defects. Such a system shall include process controls that will provide for inspection and verification of all critical parameters or operations on a regular or continuing basis throughout the manufacturing process. B. Contractor agrees to maintain a minimum 95% acceptable quality level and a 95% on-time delivery level as measured by the City's quality reporting system and based on acceptable lots versus rejected lots at the City's facility. The City may terminate this Agreement, with no liability on fifteen(15)days written notice if Contractor's six(6)month quality rating falls below the minimum acceptable quality level. 10. ADMINISTRATION AND REPORTING A. Purchaser and Contractor shall each assign an individual to administer this Agreement throughout its term. The City's administrator shall be Sarah Kirkland, Utilities Support Manager. The Contractor's administrator shall be Pat Allman, General Manager . Each party shall inform the administrator of the other in writing of any change in an administrator or such administrator's location and telephone number. B. Contractor may not assign this Agreement or any rights or obligations hereunder without the prior written consent of the City. C. Contractor shall, at the City's request, renegotiate in good faith any provision of or addition to this Agreement. Such mutually agreed upon changes shall be signed by both parties and incorporated as an amendment to this Agreement. D. In performing this Agreement Contractor shall comply with all applicable federal,state and local laws and regulations and with all quality control and quality assurance procedures specified by Purchaser. Contractor shall make its production facilities and production records and documentation available for inspection by the City upon reasonable prior notice. 9. INVOICING AND PAYMENT Contractor shall submit invoices delineating all charges incurred for the preceding one month period. Payment for services and materials will be contingent upon final inspection and acceptance by the City's Facilities Department and will be made within forty-five(45)days after acceptance. Charges for material must be separately itemized to include the net cost and the markup. All invoices shall include the following documentation: Service Requested by Service Date Service Time Work Sheet/Job Ticket No. Brief Description of Services and Material provided Verification of cost of Material Total Amount Lien Releases relating to all services and material provided i 10. LIENS Contractor shall promptly pay for all materials,supplies,and labor employed by it so that the Product shall be free from materialmen's and mechanic's liens. At time of invoicing,Contractor shall provide City with lien releases from all subcontractors providing materials, supplies and labor related to the work. The Contractor acknowledges that no lien may be asserted against public property and agrees that the Contractor will take all actions necessary to remove any lien that may be filed concerning the Product which are the subject of this contract by any of its suppliers. 12. INSURANCE AND INDEMNIFICATION A. Before commencing the work, Contractor shall procure and maintain insurance of the kinds and limits listed below and in form satisfactory to the City. Certificates of such insurance which name the City as an additional insured shall be provided to the City before the commencement of the work. The certificates shall provide that the insurance coverage shall not be terminated or modified unless Buyer is given thirty(30)days written notice by the insurance carrier. (i) Worker's Compensation insurance in accordance with state law; (ii) Comprehensive General Liability: Bodily Injury: $ 500,000.00 per individual $ 1,000,000.00 per occurrence Property Damage: $ 1,000,000.00 (iii) Comprehensive Automobile Liability to include machinery: Bodily Injury: $ 500,000.00 per individual $ 1,000,000.00 per occurrence Property Damage: $ 1,000,000.00 B. Contractor shall indemnify,defend and hold City harmless from any and all claims,actions,lawsuits, liabilities,damages,costs and expenses,including reasonable attorney's fees,asserted by a third party against City which arise out of the performance of this Agreement as well as any breach by Contractor of any of Contractor's covenants,representations or warranties herein. Contractor shall, at its own cost and expense, pay all costs incurred by the City in connection therewith. If any judgment shall be rendered against the City in any such action, Contractor shall satisfy and discharge the same without cost or expense to the City.However,this indemnity shall not apply to claims,actions,or suits resulting from the City's negligence. 13. STATEMENT OF INDEMNIFICATION The Contractor hereby acknowledges and confirms that the contract prices includes the consideration for this Indemnification/Hold Harmless. The Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law,protect, defend, indemnify and hold harmless the City of Lake Wales,its elected or appointed officials,employees and agents from and against all claims, actions, liabilities, losses, (including economic losses), costs, including attorney fees and all costs of litigation, and judgments of every name and description arising out of or incidental to the performance of this contract, unless caused by the sole negligence of the City of Lake Wales,its elected officials, employees or agents. Any cost or expenses, including attorney fees (including appellate or bankruptcy), incurred by the City of Lake Wales to enforce this agreement shall be borne by the contractor. This indemnification shall also cover all claims brought against the City of Lake Wales, its elected officials, employees or agents by any employee of the contractor, any subcontractor or anyone directly or indirectly employed by any of them. The contractor's obligation under this article shall be limited to $10,000,000 and shall not be limited in any way to the agreed upon contract price as shown in this contract or the contractor's limit of all service, obligations, and duties provided for in this contract, or in the event of termination of this contract for any reason,the terms and conditions of this article shall survive indefinitely 14. TERMINATION The City shall have the right to terminate this Agreement in whole or in part upon giving Contractor at least 30 days advance written notice.Upon such termination,Contractor shall be paid only for the Product actually delivered up to the effective date of such termination. Upon the termination of this Agreement, or upon completion of each delivery,as may be requested,Contractor agrees to transfer and assign to the City all right,title,and interest to any Product delivered under this Agreement. 15. LAWS,ORDINANCES AND PERMITS At Contractor's own cost and expense, Contractor shall comply with all laws, ordinances,rules, and regulations of the federal, state and local and OSHA authorities and departments relating to or affecting the Product and delivery hereunder, and shall secure and obtain any and all permits, licenses and consents as may be necessary in connection therewith. Contractor shall furnish to the City copies of said licenses and permits prior to the commencement of any work hereunder. 16. ANNUAL APPROPRIATIONS The vendor acknowledges that the City,during any fiscal year,shall not expend money,incur any liability,or enter into any agreement which,by its terms,involves the expenditure of money in excess of the amounts budgeted or the reduction of revenues for those budgeted agreements that may be available for expenditure during such fiscal year.Any agreement,verbal or written,made in violation of this subsection is null and void, and no money may be paid on such agreement. Nothing herein contained shall prevent the making of agreement for a period exceeding one year, but any agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years.Accordingly,the City's performance and obligation to pay under this agreement is contingent upon annual appropriation. 17. TERM&PRICING:This contract shall commence for a One Year period beginning on October 1,2012 and end on September 30,2013 with the option to renew for Two(2),One-year terms.No agreement or contract shall be executed which binds the city for the purchase of services or commodities for a period in excess of one(1)fiscal year,unless the following statement is included in the contract: "The performance of the City of Lake Wales and its obligation to pay under this contract is contingent upon annual appropriation by the City Commission of Lake Wales." 18. RISK OF LOSS Contractor shall assume and bear all risk of damage to or failure of the Product, and all risk of accidents, from whatsoever cause arising,until the Product provided for herein shall have been fully delivered and accepted by the City. 19. SAFETY A. Contractor shall be responsible for safety related to and during the performance of the work hereunder. Contractor shall insure that its employees and the employees of its subcontractors are notified of and observe and abide by all safety regulations and laws. B.Contractor shall immediately notify the City of any damage to property and/or injury to, or death of, persons which occurs in connection with or is in any way related to the work. Contractor shall furnish the City a written report of any such damage as soon as possible. C.Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence. 20. INDEPENDENT CONTRACTOR In all matters relating to this Agreement, Contractor shall be acting as an independent contractor. The employees of the Contractor and its subcontractors are not employees of the City under the meaning or application of any federal or state unemployment insurance laws, or other social security law or any worker's compensation law,industrial law,or otherwise. Contractor shall assume and pay all liabilities and perform all obligations imposed by any such laws with respect to the performance of this Agreement. Contractor shall not have any right,power, or authority to create any obligation, express or implied, on behalf of the City and shall not have any authority to represent itself as an agent of the City. 21. GENERAL A. Entire Agreement and Modifications. This Agreement contains all the agreements and understandings between the parties with respect to the subject matter hereof. No agreement or other understanding in any way modifying the terms hereof will be binding unless made in writing as a modification or amendment to this Agreement and executed by both parties. The failure of the City to insist on strict performance shall not constitute a waiver of the provisions of this Agreement or a waiver of any other default by the Contractor. B. Assignment and Subcontracting. Contractor may not assign this Agreement without the prior written consent of the City. In addition, Contractor shall not subcontract the furnishing of any portion of the work without the prior written consent of the City. C.Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the state of Florida. D.Notices. All notices and correspondence shall be sent by either party to the other in all matters dealing with this Agreement by U.S.first class mail,certified mail,facsimile or personal delivery to the following addresses: To the City: James Slaton,Purchasing Agent City of Lake Wales 201 W.Central Ave. Lake Wales,FL 33859-1320 To the Contractor: Pat Allman-General Manager Odyssey Manufacturing 1484 Massaro Blvd Tampa,Florida 33619 EXHIBIT A SCOPE OF SERVICES See attached Invitation to Bid# 12-351 f ■ODYSSEY MANUFACTURING CO. July 10, 2012 Ms.Bonnie Hodge City of Lake Wales Purchasing Department 201 Central Avenue West Lake Wales,Florida 33853 Re: CITY OF LAKE WALES PROCUREMENT OF SODIUM IIYPOCHLORITE Encl: (1)Bid Forms: Proposal Pages(Three Pages) (2)Acknowledgement of Addendums#1 and#2 (3)Authority to Sign Bid Letter (4)Copy of NSF-60 Certification (5)Third Party Laboratory Analysis of Sodium Hypochlorite (6)Last Five Years of NSF Sample Results (7)List of References (8)Copy of OSHA Form 300A/300 Logs (9)Material Safety Data Sheet(MSDS) (10)Odyssey Manufacturing Co.Brochure (11)Odyssey Manufacturing Co.Process Flow Chart (12)EPA Settlement Letter dated August 6, 2008 Dear Ms.Hodge, Odyssey Manufacturing Company is pleased to submit our proposal for the above referenced Request for Proposal(RFP)for the supply of sodium hypochlorite in"tanker"or"bulk" loads only. Our proposal is based on delivery to the delivery locations specified in the RFP documents which are tanker accessible sites. In accordance with your instructions,we have enclosed one original of the "Proposal"and two copies. Pricing Odyssey Manufacturing is pleased to offer City of Lake Wales a delivered price of$.68 per gallon for its Ultrachlor 12.5 Trade Percent sodium hypochlorite(NET 40). This price is fixed and there are no fuel surcharges, delivery fees or any other hidden charges. Odyssey agrees to fix this price through September 30,2015. Thus,regardless of the economy and inflation,we are guaranteeing this price for three(3)years. Odyssey Manufacturing Co.will not use any subcontractors or affiliates in the performance of any work under this proposal. We are the only chemical manufacturer in Florida who always uses company drivers and does not use a subcontractor or separate company to make the deliveries. Enclosures(1)through(13)are provided to assist in City of Lake Wales's Bid Evaluation. RFP Checklist Items MANUFACTURERS OF H CH1OIR (H O O) ODYSSEY 5 ? a a V.7104. °� � r.ti � {a _ A1 � v voord ysse m{anufactu rfng.coi m - k , h1 Y a* �� A M d v . _ �*b h,[-•. ,aP J9,r�� 131� i3ss�D3 a 'a r;tluv- � � S,. +.,e K; .1 i 'vJ` fit:.L,a F > c.� .„' r�. ki}. *:* 1"4.+e 7r 9 j z°, v.'y� i4°i. ,� 4(1 5 ��:t h):»-r.. .�F.z 1.,.,S�a t,iw ,, ,zY��� r 1.t� ..... � .�4��,��� ,�,..:-F�r.,..�.. :� �., t`'-.°..�;,r4?�.., -.�,s��:�',!rt,SaMT���,�m A..`'�•r��-.�,f.�,�...��!�`� Additionally,Odyssey makes the following claims or warrants: • Enclosures (1)and (3)are required submittals as outlined in the solicitation • Enclosure(4) is the NSF-60 certification for Odyssey Ultrachlor sodium hypochlorite • Enclosure(5) is the last third party laboratory results for Odyssey Ultrachlor sodium hypochlorite as manufactured by Odyssey Manufacturing at its Tampa facility which will be serving the City of Lake Wales. • Enclosure(6)is the last five NSF third party laboratory results for Odyssey Ultrachlor sodium hypochlorite as manufactured at our Tampa facility which will be serving the City of Lake Wales. • Enclosure(7)is a list of References is Attached to aid in the Proposal Evaluation • Technical Support and also emergency points of contact would be our Patrick H.Allman, General Manager(cellular 813-335-3444)who has a B.S. in Nuclear Engineering 1983 from the University of Virginia,Marvin Rakes,President(813-340-3675)who has a B.S. in Chemical Engineering 1985 from the University of North Carolina State or the on-duty Plant Supervisor(800-ODYSSEY). Mr.Allman has over twenty five years of industrial plant experience and is an acknowledged expert in chemical systems having designed over 1,000 systems in Florida including four for the City of Lake Wales. Mr. Rakes has over twenty five years of experience managing the operational side of chemical distributors and manufacturers including ten years as the Operations Branch Manager of the largest chemical distributor branch on the East Coast. • Odyssey will use no subcontractors or affiliates in the performance of the work under this RFP. • Safety is extremely important and should be a major consideration in the City of Lake Wales' "informed decision process". Odyssey Manufacturing has one"Safety Incident" in the past ten years for any chemical that it sells(defined as all chemical accidents, incidents,releases, spills,and National Response Center Notifications("safety incidents"). Additionally,I would direct the City of Lake Wales to the National Response Center website (www.nrc.uscg.mil/download.html)where you can download all of the safety incidents of the various bidders. You will see that Odyssey does not have any but our competitors have over thirty. Additionally,please do a website search and call our reference list to ascertain not only our record but those of other suppliers. Our single incident occurred in September 2008 where 700 gallons spilled from a pressurized line during a delivery when a fitting snapped on the tanker before the tanker could be depressurized. Odyssey's General Manager was on-site within two and half hours and directed cleanup/dechlorination/follow-up sampling efforts. • Odyssey Manufacturing has no"Terminations"as defined in your Solicitation in the past five years for any chemical that it sells. This is in sharp contrast to other chemical suppliers. Please do a website search or call our reference list to ascertain not only our record but those of other suppliers. • We have also attached a copy of ALL of our OSHA 300/300A Logs to more fully demonstrate our low accident rate and commitment to safety(enclosure(8)). The RFP requires the logs be submitted for the entire company to include all of our facilities, locations, affiliates and subcontractors which we have done. • Enclosure(9) is a Material Safety Data Sheet(MSDS) • Company Brochure is Attached (see enclosure(10)) • Company Manufacturing Process Flow Chart is Attached demonstrating the superiority of Odyssey's manufacturing process with regard to quality and reliability(see enclosure(11)) • The City of Lake Wales currently uses Odyssey Manufacturing Co. and can pull samples at any of its water treatment or wastewater treatment plants to ascertain the quality of its sodium hypochlorite. You can also pull a sample from any Polk County facility. • Odyssey has one incident with regard to fines,regulatory actions and consent orders relating to the operation of ALL of its manufacturing and distribution facilities since it began operations in March of 2000. This incident was a disagreement with the EPA on whether Odyssey had to file a"Manufacturer's Form R"for the production of chlorine gas under the public's Right to Know laws. Even though we don't manufacture chlorine gas as an end product,Odyssey agreed to pay a fine and file an"EPA Form A"going forward listing zero chlorine releases and emissions from manufacturing sodium hypochlorite from a brine solution. Enclosure(12)is a copy of the final settlement letter from the EPA dated August 6, 2008 is attached. This is a minor administrative matter relating to not filling out a form admitting that we don't have any chlorine gas releases or emissions. Note that the RFP did not require reporting of any FDOT fines(i.e., overweight tickets)since this has nothing to do with operation of its manufacturing and distribution facilities. This is in sharp contrast to other suppliers who have had significant numbers of fines,regulatory actions and consent orders relating to the operation of all of their facilities caused by actual pollution,chemical releases and spills, serious injuries and other significant safety violations. • Odyssey takes no exceptions to the RFP solicitation • Odyssey Manufacturing Co. is a Drug Free Workplace and has an active program in-place to randomly test its employees as documented by the fact our Worker's Compensation carrier provides us a 5%discount for our program on our rates. • Odyssey hereby certifies and warrants its sodium hypochlorite is supplied in accordance with ANSI/NSF Standard 60 and AWWA B300-04(latest revision available at time of the bid). Added Value and Service Support Over the past five years,Odyssey Manufacturing Co. has provided superior service to City of Lake Wales including never missing a delivery,providing emergency support on several occasions and providing a significant amount of technical assistance including several training classes,several technical support visits, FDEP permitting assistance, engineering design and chemical system installation. As you know,we are the only chemical manufacturer/distributor that is open for manufacturing and deliveries 24 hours per day and 7 days per week(including holidays) and can be reached @800-ODYSSEY or facsimile(813)630-2589. Additionally, Odyssey Manufacturing also agrees to continue to continue to provide unlimited technical assistance to the City of Lake Wales to assist it with its operations at no charge as part of the sodium hypochlorite supply. Such assistance includes,but is not limited to,operator training sessions, startup services,site inspections on behalf of the owner,drawing review, engineering and design. As a licensed plumbing and general contractor, Odyssey has performed over one thousand chemical system installations in the State of Florida and provided extensive service support to its customers to help maintain their chemical systems. Reliability Odyssey sets the standard for reliability in the marketplace. Odyssey has consistently provided the City of Lakes Wales a superior service and a superior product. As you know,we have never missed a delivery in over ten years of service to the water and wastewater treatment industry. Our service is legendary. We done several emergency deliveries most notably on Saturday,April 6,2002, St.Johns County was run out of bleach by their then sodium hypochlorite supplier at the main water plant. St. Johns County contacted Jones Chemical,Allied Chemical and PB&S [now Brenntag] all of which declined to come. Only Odyssey Manufacturing Co. said they would come and we delivered a tanker of sodium hypochlorite on Saturday night within four hours of being called. This is un-paralleled service and was not matched by any of the other suppliers in the marketplace. Missing chemical deliveries would be a serious problem for water and wastewater treatment plants who must chlorinate for public health reasons. Odyssey has never missed a chemical delivery to any customer in over ten years of its existence. This sharply contrasts with the delivery record of Allied Universal which has failed to make timely deliveries to its customers in the past(please call our reference list for additional information and see below). Specifically,these are just a few of the instances we had to make deliveries to their customers in the past two years alone. This list is remarkable when you consider that we serve 96%of the plants in Florida. Odyssey had to make an emergency delivery to the Town of Lantana Water Plant just this past month on Sunday, 10/18/09 to keep the customer from having to issue a boiled water notice(Reference: Clyde Ali, WTP Superintendent, 561-540-5751). Odyssey had to make an emergency delivery to the Village of Wellington on Friday, 12/5/08 to keep them from running out of hypochlorite(Reference: Sean McFarland,WTP Superintendent, 561-753- 2465). Odyssey had to make an emergency delivery to the City of Ormond Beach WWT plant last year when I was told Allied refused to come and the customer ran out of bleach and called me on Sunday morning from their contact chamber as they were shoveling in HTH and we had bleach there in three hours(Reference: Sam Butler,City of Ormond Beach Chief Operator,386-676-3592), Odyssey had to make an emergency delivery one weekend last year to the City of Port Orange WTP because I was told Allied was unable to come and previously we had to do the same thing in the past for this customer for the same reason back on 7/22/06(Reference: Steve Miller,City of Port Orange WT Chief Operator,386-756-5380). Another emergency Sunday delivery we made earlier that year on 5/11/08 to the Econ WTP for Orange County because Allied was unable to come according the operator and they were going to have to issue boiled water notices(Reference: Carlos Tones,Orange County,Production Section Water Superintendent,407-254-9500/5505). Even more disturbing were the two emergency Saturday deliveries were made the day before Hurricane Charlie hit to Collier County because Allied had supposedly refused to make deliveries for over a week (Reference: Steve Waller, Collier County,WWT Superintendent,239-774-6886). Also as you know,Odyssey pro- actively topped off your tanks before each hurricane over the past ten years! Quality Odyssey Manufacturing Co.represents the newest trend in the water treatment business—Chloralkali bleach superplants as a disinfection alternative. Odyssey Manufacturing is a new venture that manufactures bulk sodium hypochlorite utilizing a Kvaerner Chemetics chlor-alkali plant integrated with a Powell Continuous Bleach Plant. We are focused primarily on municipal and private water and wastewater treatment along with industrial customers. As you know,this business was created primarily to serve many the Customers who are switching from chlorine gas to bulk sodium hypochlorite and need a competitively priced,reliable,high quality supply of sodium hypochlorite. As the only chlor-alkali manufacturing facility in Florida,we can offer a unique combination of high quality combined with a very competitive cost structure. We make our raw materials(chlorine and caustic)on-site out of purified salt and demineralized water utilizing a membrane cell electrolysis process. Not only does this process result in a high quality bleach,but also makes our product cost very competitive as we do not have to pay out of state third parties to make the raw materials for us and have them shipped down by railcar. As you know,chlorine gas railcar shipments to Florida have been suspended on twelve occasions over the past couple of years for up to four days due to terrorist threats and hurricanes. Thus,we are able to offer reliable service and guaranteed pricing which is a major benefit to our customers as they consider alternative suppliers. Additionally,this provides us a significantly higher level of reliability than any other Florida sodium hypochlorite manufacturer as we are not dependent on railcar shipments of chlorine gas into Florida. Odyssey combines great service with the best quality bleach in Florida. Our sodium hypochlorite is a high strength product(12.5 Trade Percent Available Chlorine)with superior ratio control and without all the impurities that most bleach contains. What this means to you the Customer is: • Low or zero metal contaminants resulting in significantly slower Product degradation leading to overall cost savings due to reduced sodium hypochlorite consumption • Lower Maintenance Costs caused by pluggages and wear because of impurities in the bleach • Improved Drinking and Effluent Water Quality • Longer Warranties from your equipment suppliers • Superior control of excess alkalinity of Product resulting in less overall chemical additional requirements and more stable chemical feed rates • Less oxygen formation during storage and handling(e.g.,which form bubbles in tank and lines) resulting in reduced downtime and more accurate Cl feed rates • Lower levels of sodium chlorate formation resulting in improved water quality and reduced health concerns • Significantly lower levels of bromate formation resulting in reduced public health concerns • Lower suspended solids resulting in improved water quality and less feeder maintenance • Minimal insoluble buildup on the inside of pipes and feeders resulting in better operations of the Customer's system The City of Edgewater,City of Stuart and Port Orange threw out their previous supplier because of quality issues and are using a lot less bleach. Port Orange and Edgewater documented a 30%to 35% reduction in hypochlorite usage during FY 2009 when adjusted for flows after switching to Odyssey Manufacturing Co. (Reference: Steve Miller, City of Port Orange,WT Chief Operator, 386-756-5380 and Bob Polizzi, City of Edgewater,WT Chief Operator,386-424-2490). Another data industry reference point would be Manatee County who tested Odyssey's bleach three times per week for three years and more recently tested Allied's bleach three times per week for the past three years. They will tell you that Odyssey never once failed to meet their Specification and that Allied has failed to meet it on numerous occasions despite the fact they know the bleach is being tested(Reference: Bill Kuederle,Manatee County,WT Chief Operator,941-746-3020). Technical Support Odyssey is a licensed plumbing and general contractor who specializes in chemical system design, permitting, installation and repair. Odyssey has installed over 1,500 hundred"turn-key"chemical system installations,provided emergency and non-emergency service work on customer's chemical systems,provided equipment for chemical systems and provided significant engineering,training and technical assistance to our customers. As part of our chemical supply,we would provide unlimited technical,training and permitting assistance to our customers at no charge and service and maintenance work per the terms quoted. Much of this work has been done for the City of Lake Wales over the past eight years! Please call our References to validate our customer support! For example, we have done the following work for various power plants around Florida in the past five years: • Did"turn-key"engineering design to convert all four chlorine gas systems at the OUC Stanton Power Plant for Al Planeta to support feasibility study on two occasions. We are now in the process of performing this work. • Provided engineering analysis to GRU for conversion of WT and WWT plants to chlorine gas to CH2M Hill. • Provided replacement tank and piping for KUA for Hansel Power Plant. • Did"turn-key"engineering design to convert all chlorine gas system at the FMPA Kane Island Power Plant to support feasibility study. • Did"turn-key"engineering design to add sodium hypochlorite to re-use makeup water at the FMPA Kane Island Power Plant to support feasibility study. • Provided replacement tank and piping for GRU Deerhaven Power Plant. • Provided chlorine injection piping and technical assistance for GRU Deerhaven Power Plant. • Provided 2-6,000 gallon temporary bleach tanks and containment to support Chlorine Building Construction at the GRU WT plant. • Provided temporary tanks and pump skids for JEA River Park Generating Station(ongoing). • Did"turn-key"engineering design to convert all two chlorine gas systems at the JEA's WT Plants for Scott May to support feasibility study on two occasions. • Provided chemical feed equipment to JEA WT plant on three occasions for plants operated by United Water. • Provided emergency support including temporary tanks and containment and later permanent system to JEA Blacks Ford WWT Plant operated by United Water. • Provided turn-key chemical system installation for sodium hypochlorite,bromine and sodium bisulfite at the FPC Anclote Power Plant. • Provided turn-key sodium hypochlorite system at the FPC Crystal River fossil-fuel power plant. • Provided turn-key sodium hypochlorite system at the FPC Tiger Bay Co-Generation plant. • Provided sodium hypochlorite tank replacement for the FPC Crystal River Nuclear Power Plant. • Provided chemical feed equipment including piping for Auburndale Power partners. • Provided five turn-key sodium hypochlorite systems for CF Industries co-generation and water plants. • Provided two turn-key sodium hypochlorite systems for Covanta Lee co-generation facility. • Provided sodium hypochlorite tank replacement and chemical piping services for three locations at the FP&L Indiantown Power Plant. • Provided emergency tank repair services at the FP&L Debary power plant. • Provided turnkey sodium hypochlorite system for the PG&E Indiantown Power Plant. • Provided engineering analysis for sodium hypochlorite use for the FP&L Fort Myers power plant as part of a feasibility study. Additionally,Odyssey more stocks tanks and chemical feed equipment than all the chemical equipment and distributors in Florida put together. Typical Week Last week was a typical week for Odyssey Manufacturing Co. and the following maintenance and emergency services work was performed for its customers: • Fixed sodium hypochlorite storage tank leak and several piping leaks at Working Man Pool in Jacksonville. • Replaced bad Chlorine Analyzer for Mid-Florida Lakes Utilities WTP in Leesburg. • Setup temporary sodium hypochlorite tank and removed bad storage tanks at TOHO Water Authority Peabody WTP. • Same day immediate response to 50- 100 gph sodium hypochlorite leak into containment at Crystal River Nuclear Power Plant. Setup temporary tanks for remaining hypochlorite, pumped out hypochlorite and filtered spilled hypochlorite for re-use. Removed and disposed of old tank and decontaminated area and installed new 7,000-gallon tank(Odyssey is the only entity in Florida that has a 7,000-gallon tank in stock). Reference: Nick Maltese, Maintenance Manager, Crystal River Power Plant Complex,352-464-7511, nick.maltese @pgnmail.com. • Installed new ultrasonic level sensors and tank tie-downs for sodium hypochlorite tanks for Polk County Mann Road WTP. • Replaced all of the plumbing on and around the sodium hypochlorite storage tanks to the pump skids at the Pasco County Land 0 Lakes WWTP due to leaks on system. • Completed installation of new hydrogen peroxide tank and relocated chemical feed equipment at the Bonita Springs East WWTP. Previously, Odyssey had poured housekeeping pads and a containment wall on existing concrete foundation. • Completed ammonium hydroxide system commissioning activities for the City of West Palm Beach IBIS Booster Station and placed the system into service. • Redid the electrical power supply to the City of West Palm Beach feed pumps on their HFS system to comply with Health Department Inspection deficiency. • Installed new chemical injection piping at the NEFCO Bio-Solids facility in West Palm Beach on their sulfuric acid system for Unit"A". • Installed replacement 4,500-gallon sodium hypochlorite tank at the Aqua Utilities Fruitville Road WWTP. • Installed new sodium hypochlorite injection piping at the Aqua Utilities Sebring Leisure Lakes WTP. • Did service call to the City of Titusville to repair leaking tank fitting on ODOPHOS bulk storage tank at the D.B.Lee WWTP. • Redid design and chemical injection piping for the City of Starke WTP sodium hypochlorite system. • Added a second ammonium hydroxide injection line at the City of West Palm Beach WTP. Emergency Support Capabilities What separate Odyssey from other companies are both its technical expertise and its ability to provide emergency support. The following emergency and technical support along with technical assistance we have provided to Bay County over the past three years(note that Bay County is our furthest customer approximately a 7-hour drive from Tampa). This should clearly demonstrate Odyssey's commitment to the customer! 1) 08/17/11 - Stopped by and inspected sulfuric acid system at WTP request. Sent recommendations but made immediate recommendation to add quill at injection point on raw water line. This was a critical item that had left unchecked would have resulted in repairs that would have taken away the raw water supply to Bay County's water plant for a significant period of time.(Reference: Don Hamm,WTP Superintendent, 850-747-5703) 2) 04/06/11 - Sent service technician up on an emergency basis the same day of the call to the North Bay WWTP with 1,100-gallon Snyder captor loaner tank. The existing 4,400-gallon Poly Processing SAFE Tank began leaking alum out the bottom fitting after being filled. Odyssey pumped out the alum to our loaner tank and hooked it up. The tank and gasket were fine but the interior of the tank was all wavy. We installed second gasket. We filled the alum tank with water and bleach(it was filled with alga)and it passed this test(Reference: Larry Moyer,WWTP Superintendent, 850-286-3509) 3) 02/22/11 —Provided training at no charge to the operators for the North Bay WWTP on the sodium hypochlorite and bisulfite systems during the initial plant startup period(Reference: Larry Moyer,WWTP Superintendent, 850-286-3509) 4) 10/27/10—Engineered permitted and installed sodium bisulfite and sodium hypochlorite systems at the new North Bay WWTF. (Reference: Larry Moyer,WWTP Superintendent, 850-286-3509) 5) 04/01/10—Provided no cost engineering analysis with pricing to Paul Lackemacher with regard to bulk sodium hypochlorite vs. on-site generation of sodium hypochlorite. (Reference: Don Hamm, WTP Superintendent, 850-747-5703) 6) 08/13/10—Completely rebuilt and redesigned the sodium hypochlorite system at the main WWTF resulting in significant savings because it allowed bulk deliveries of sodium hypochlorite in lieu of the more expensive drum deliveries. Additionally,the redesign significantly improved operator safety as well. (Reference: Larry Moyer,WWTP Superintendent, 850-286-3509) Odyssey has had a maintenance services agreement with Pasco County over the past six years. To provide additional information on the types of technical and emergency support Odyssey can provide, we have summarized some of the technical and emergency support we have provided to Pasco County over this timeframe: 1) 8/4/11 —Provided no charge technical assist visit to assess condition and design of hypochlorite system at the Shady Hills WWTP. (Mike Pierson,Chief Operator, 727-856- 5251) 2) 7/22/11 -Got a phone call from Lead Operator at Wesley Center WWTP on Friday night that their clarifier hypochlorite tank was full and leaking bleach out the bottom. Had tanker and crew out early on the following Saturday morning and pumped out tank and took hypochlorite to another plant. Replaced the tank the following Wednesday(Cathy Borden, Chief Operator, 727-991-5613) 3) 7/21/11 —Got a phone call in late afternoon from Lead Operator at Sunburst WTP that the hypochlorite tank was leaking out the bottom fitting. Dispatched crew early next morning and pumped out and repaired tank and returned it to service. (David Flynn,Chief Water Operator,727-992-0388) 4) 9/3/10—Got a phone call from my driver on Friday night that one of the main hypochlorite tanks at Wesley Center WWTP split upon being filled and was leaking hypochlorite outside containment. Dispatched engineer(myself)and crew immediately and pumped out tank thereby preventing a reportable spill. Later, changed out both tanks and redid piping at this location. (Gerald Runge, Chief Operator, 813-991-5613) 5) 1/20/10—At Pasco County's request,did analysis and sent notification letter with supporting design and technical information to Tampa FDEP Office to allow Pasco County to switch from aqueous ammonia to a much safer form of ammonia in ammonium sulfate. Subsequently,did a follow-up call with Gwen Shofner of the FDEP to secure approval for this change. This was done at no charge and saved Pasco County over$10,000 in engineering fees(Jim Kaplan,WTP Manager,727-834-3255) 6) 8/8/2007—Redesigned the hypochlorite system at the Little Road WTP at no charge to allow the system to be able to properly function as the plant was changed from a WTP to a Booster Station. (Marvin Kaden,former WTP Manager, 813-415-5051) 7) 7/6/2006—Redesigned caustic system at Little Road WTP to make significant safety and reliability improvements at no charge. (Marvin Kaden,former WTP Manager, 813-415- 5051) 8) 12/7/2005—Provided immediate site assessment of major hypochlorite spill at SE WWTP and provided detailed recommendations with regard to clean-up and corrective actions at no charge saving Pasco County significant sums of money and allowing Pasco County to provide immediate feedback to regulatory agencies. Subsequently, ran new piping and completely redid the hypochlorite system to prevent recurrence. (Scott Berge,Maintenance Manager,727-847-8145) 9) 12/21/2005—Installed new 850-gallon tank and containment at no charge at the Cypress Manor WWTP to replace existing 500-gallon tank that had no containment. (Scott Berge, Maintenance Manager,727-847-8145) 10) 11/29/2005—Got a phone call that the hypochlorite was leaking out into the containment. Sent crew out same day and pumped out tank and made repairs(John Fogg,Chief Operator, 813-783-8163) 11) 6/27/2005—Got a phone call on Sunday morning that the 7,000-gallon hypochlorite tank burst and was spilling out hypochlorite on the ground at the Little Road WTP. Immediately dispatched tanker and service crew and pumped out tank and made repairs and had system back in service by noon and avoided a reportable spill.(Jim Kaplan, WTP Manager, 727-834- 3255) 12) 6/25/2005—Provided engineering design for temporary hypochlorite system at Lake Bernadette Well at no charge to support emergency contingency planning. (Marvin Kaden, former WTP Manager, 813-415-5051) 13) 10/24/2004—Provided training tape from Chlorine Institute to Pasco County WWTP for their use at no charge. (John Fogg, Chief Operator, 813-783-8163) Odyssey Manufacturing Co.routinely provides emergency support to its customers as demonstrated by the below instances which are only a small portion of the emergency response we have provided to our customers: 1) 8/10/11—Hillsborough County(Glenn Yaney, Operations Manager, 813-448-4090). Customer called at 1400 and stated that the River Oaks WWTP surge tank was within two feet of overflowing and that the plant was at its maximum capacity and flows continued to run into plant from the excessive rains. They stated they had contacted the FDEP about the situation and the FDEP gave them permission to discharge to the creek if the wastewater was chlorinated and de-chlorinated. Setup emergency hypochlorite and bisulfite systems including delivery of the chemicals to a 3,000-gallon tank and was pumping hypochlorite by midnight. 2) 7/22/11 -Got a phone call from Lead Operator at Wesley Center WWTP on Friday night that their clarifier hypochlorite tank was full and leaking bleach out the bottom. Had tanker and crew out early on the following Saturday morning and pumped out tank and took hypochlorite to another plant. Replaced the tank the following Wednesday(Cathy Borden, Chief Operator, 727-991-5613) 3) 9/3/10—Got a phone call from my driver on Friday night that one of the main hypochlorite tanks at Wesley Center WWTP split upon being filled and was leaking hypochlorite outside containment. Dispatched engineer(myself)and crew immediately and pumped out tank thereby preventing a reportable spill. Later, changed out both tanks and redid piping at this location. (Gerald Runge, Chief Operator, 813-991-5613) 4) 04/06/11 -Sent service technician up on an emergency basis the same day of the call to the North St. Johns WWTP with 1,100-gallon Snyder captor loaner tank. The existing 4,400- gallon Poly Processing SAFE Tank began leaking alum out the bottom fitting after being filled. Odyssey pumped out the alum to our loaner tank and hooked it up. The tank and gasket were fine but the interior of the tank was all wavy. We installed second gasket. We filled the alum tank with water and bleach(it was filled with alga)and it passed this test. 5) 3/6/10-City of Inverness(Gerry Lebeau,Utility Manager,352-474-9051). Customer called Odyssey on Friday evening 3/5/10 and stated that their tank was leaking badly on the ground. Odyssey had a crew up there on Saturday morning 3/6/10 which pumped out the sodium hypochlorite to a temporary tank and kept the water plant on service. 6) 1/8/10—JEA(Mike Richardson,Utility Supervisor,904-665-6815)Customer called Odyssey on Friday morning that their sodium hypochlorite tank at the Norwood WTP was leaking badly into the containment. Odyssey dispatched a tanker and crew with temporary tank and pumped out the hypochlorite from the bad tank to the tanker. Additionally, Odyssey setup the temporary tank to allow the water plant to maintain continuous disinfection and remain in service. 7) 12/24/09—Sarasota County Carlton WTP (Jim Conley, Water Production Manager, 352-861- 1510)Got a phone call in the morning that their Peace River chlorination line installed several years earlier had broken and they had no way to disinfect the water they were sending out to their system from Peace River. Odyssey immediately dispatched a crew and had located and repaired the leak by that evening. 8) 10/18/09—Town of Lantana(Clyde Ali,WTP Superintendent, 561-540-5751) Odyssey received a phone call on Sunday morning requesting an immediate emergency delivery to the Town of Lantana Water Plant to keep them from issuing a boiled water notice because their regular supplier had failed to make a delivery for over a week. Odyssey provided a delivery to the plant on three hours' notice. 9) 1/23/09—City of Eustis WWTP(Rick Hoeben,WWTP Superintendent,352-357-3777)Got a phone call that new sodium hypochlorite tank installed by Contractor was filled and leaking badly. Immediately dispatched tanker and crew with temporary tank and pumped out their tank to a temporary tank thereby avoiding a reportable spill. Came back and troubleshot problem and found that the contractor had cross-threaded the bolts on the bottom flange fitting and made confined space entry and did repair for the City of Eustis. 10) 5/11/08—Orange County Econ WTP(Carlos Torres, Orange County,Production Section Water Superintendent,407-254-9500/5505)Odyssey received a phone call on Sunday morning that they would have to issue a boiled water notice if they could not get a sodium hypochlorite deliver because their regular supplier had failed to make a delivery for a week and they were unable to get them to come despite repeated phone calls. Added Value Odyssey Manufacturing Co. believes its proposal offers the following"Added Value"Items that differentiate it from its competitors and all other chemical suppliers in the marketplace: 1) Odyssey offers fixed pricing for three years and accepts all risks of increased fuel costs, raw material costs and all other potential increases. 2) Odyssey offers"same-day"emergency deliveries at no additional charge. 3) Odyssey offers weekend and night deliveries at no additional charge. 4) Odyssey offers a 24/7 delivery ordering service so orders can be placed at night or on weekends when the order set-point is reached or if there is an after-hours emergency requiring a delivery. 5) After"business hours"phone calls are routed to a 24/7 manned Control Room where an experienced Chemical Plant Supervisor takes orders and dispatches tankers and other added value services. 6) Odyssey is the only contractor or chemical distributor in Florida who is a licensed general, underground and plumbing contractor who specializes in chemical system permitting, design, installation and maintenance services. 7) Odyssey is the only entity in Florida who stocks chemical feed pumps,chemical storage tanks and other associated chemical system parts and equipment. 1 8) Odyssey offers an assigned Account Manager,Patrick H.Allman,who is uniquely qualified to understand Lake Wales' needs based on his nine years of electric utility experience with Tampa Electric Company and his twenty nine years in the Navy in the Navy's nuclear power program.Additionally,Mr.Allman oversaw the design and construction of Odyssey's manufacturing facilities and has run the day to day operations of the company for the past twelve years. 9) Odyssey offers a free quarterly inspection of the sodium hypochlorite system at each site it delivers to by an experienced technician with a list of recommendations for service and repairs. This service includes cleaning out hypochlorite tanks at no charge if required. 10) Odyssey agrees to provide unlimited chemical systems training at no charge at each site it delivers to by experienced personnel who has taught over 100 classes to Utility personnel. Summary Sodium hypochlorite is the most important chemical you purchase. Its use is mandated by an assortment of regulatory agencies and its failure can lead to severe consequences for the utility including system wide boiled water notices and hefty FDEP and EPA fines. Hypochlorite is very unique because of its essential use in water treatment, short shelf life,"just in time"delivery requirements and rapid degradation if fouled by impurities in the manufacturing process. Sodium hypochlorite is the only chemical the City of Lake Wales purchases that if you leave it in a drum for one year will be completely gone. For example, a drum of 50%caustic will still be a drum of 50% caustic after one year. A drum of 12.5% sodium hypochlorite will be salt water after one year with no disinfection capability. A drum of 50%caustic laden with 2 ppm iron and other metals will still be a drum of 50%caustic after one week(or even after one year). A drum of 12.5% sodium hypochlorite containing 2 ppm iron and other metal impurities will be a drum of 5%—6%sodium hypochlorite after one week and thus have half the disinfection power and require twice as much to be fed. As you know,Odyssey provides a superior product for two reasons: (1)We have a superior process; and(2) We care about quality(we just don't pay lip service to it and tell you we are"improved" or just as good as Odyssey). Frankly,if 95%of our business was pool stores to which we delivered 8% -9%bleach laden with iron,metals, sludge and other impurities to them because they don't care about quality why would we bother to spend an extra$.20 per gallon to make the correct strength bleach and another$.05 per gallon to properly filter the bleach? Instead,I would probably target the 4%of the municipal market which buys on"price per gallon"and not the total cost when usage and maintenance is factored in and sell them the same slop. This same group doesn't care when their bleach comes late or doesn't come at all either because they continue to put up with it as long as they perceive they are paying less per gallon. It is not what a company says they will do it is what they have consistently done in the past is what you will get! The City of Lake Wales should have a reputable supplier with a strong safety,reliability and quality record to serve their sodium hypochlorite needs for their Utility Department. Odyssey has been that supplier for the past five years. Integrity should matter in the water and wastewater treatment business and especially in public purchasing! Please call our customers to compare Odyssey Ultrachlor with other suppliers! Because of its short shelf life,buying a superior quality sodium hypochlorite will result in significant savings. We have examined your specifications and can comply with all the requirements. Additionally,we hereby provide written assurance of compliance with OSHA,EPA,NSF, and AWWA regulations and II consent to provide samples to City of Lake Wales for testing if requested. We also agree to provide a safe handling training course and"refresher courses"for all of your chemicals for the duration of the contract. We have never failed to or refused to make a chemical delivery for any product we have been awarded a purchase order. This is in stark contrast to other chemical manufacturers! We take no exceptions to the bid documents. You may take a sample of our sodium hypochlorite at any time from any one of your facilities or off of a truck at time of delivery. Please call me if you have any questions at 1-800-ODYSSEY or cellular(813)335-3444 or visit our website @www.odysseymanufacturing.com, Thank you for your consideration. Sincerely, � i .��I�ilpitlifi l / �'-=a�,� General Manager Bidder's Checklist The Bidder shall ensure the following information is included in their proposals: J• Pricing for the Sodium Hypochlorite -/ • Third Party Laboratory Analysis of Sodium Hypochlorite Sample J• List of References(Three) List of Degreed Engineers(Two) • List of Subcontractors or Affiliates • List of Safety Incidents(Last Five Years) J• List of Terminations/Debarments(Last Five Years) J• Copy of OSHA Form 300A/300 logs(Last Three Years) J• Other Information on Company kJ• Contact Information to Obtain Product Sample in the Same County ,/• Copies of any fines,correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities. BID PROPOSAL(CONTINUED) Submitted On: 7/10/2012 By Odyssey Manufacturing Company To the City of Lake Wales(hereafter"City"): The undersigned,as Bidder hereby declares that the only person or persons interested in the Proposal as principal or principals,is or are,named herein and that no other person that herein is mentioned has any interest in this Proposal or in the Contract to be entered into;that this Proposal is made without any connection with any other person,company or parties making a Bid or Proposal;and that it is, in all respects, fair and in good faith,without collusion or fraud. The Bidder further declares that he has examined the site or work and informed himself fully in regard to all conditions pertaining to the place where work is to be done;that he has examined the Plans and Specifications for work and Contractual Documents relative thereto; and has read all special provisions furnished prior to the opening of Bids;that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this Proposal is accepted,to contract with the City in the form of Contract specified,to furnish all necessary materials,equipment,machinery,tools, apparatus,means of transportation and labor necessary to complete the work known particularly as: Name of Project: PROCUREMENT OF SODIUM HYPOCHLORITE 12-351 In full and complete accordance with the shown, noted, described and reasonably intended requirements of the Plans and Specifications and Contract Documents to the full and entire satisfaction of the City with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and Contract Documents, for the sum of(type or print amount, in words, in space below): Respectfully submitted, Odyssey Manufacturing Company Name of Firm 1484 Massaro Blvd. , Tampa, Fl 33619 Address(Post Office Box,Street,City,State and Zip Code) Delaware State of Incorpo' '�a�-i�/ , Signature of Authorized Corporate Officer,Partner,or Proprietor General Manager Title Name of Bidder: Odyssey Manufacturing Company Firms that need additional information may contact:Bonnie Hodge,Purchasing Agent City of Lake Wales, 863-678-4182, extension 264 BID SHEET PROCUREMENT OF SODIUM HYPOCHLORITE BID NO. 12-351 THIS BID SHALL BE VALID FOR SIXTY(60)DAYS FROM DATE OF OPENING Company Name: Odyssey Manufacturing Company Company Address: 1484 Massaro Blvd. City: Tampa State Fl Zip 33619 Telephone:(813 )635 -0339` Fax: (813 )630 -2589 t. E-Mail Address: T a 1{M-� a)ocgi s A-1( ° CO The following Bid is in strict accordance with the City of Lake Wales Invitation to Bid No. 12-351 dated June 7,2012,and all attachments as referenced herein. Bid will include providing and installing all materials,labor,supervision and equipment needed to complete the project. $ .68 Per Gallon Si•.: re flit" Gener. - ager Odyssey Mfg. Company ■ ADDENDUM#1 ITB#12-351 SODIUM HYPOCHLORITE This Addendum serves to add the Term to the contract. TERM A. This Agreement shall commence on October 1, 2012 and expire on September 30, 2013, except that purchase orders under this Agreement may call for delivery after the expiration of the Agreement. This agreement has the option to renew for two (2) one (1) year periods at the same terms and conditions with the mutual agreement of all parties. B. If either party elects not to renew the agreement that party will endeavor to provide sixty (60) days written notice. Any questions regarding this Addendum should be directed to: Ted Long City of Lake Wales Chief Wastewater Operator 863-678-4114 tIong@cityoflakewales.com Acknowledge.' x General Manager ADDENDUM#2 ITB#12-351 Procurement of Sodium Hypochlorite This addendum serves to answer questions regarding the bid. Q) What is your current price? A) $0.86/gal Q) Who is your current supplier? A) Odyssey Manufacturing Company Q) What is the annual volume? A) Water:approx-2000gals monthly Wastewater approx-3500gaIs monthly Q) What is the size of tanks? A) Water:total of 5 tanks, 1,500 gallons each Wastewater:2 tanks, 1,700 gallons each Q) What is the quantity of delivery? A) Delivery is based on demand. Water:approx. 2000gals monthly Last delivery: Plant#1 508gaIs, Plant#2 908gals,and Plant#3 501gals Wastewater:approx.1500gal every two weeks Last delivery was 1,785 gallons Q) Does each location receive deliveries at the same time? A) Wastewater receives a delivery every 2 weeks or as needed per demand. Water receives 2 deliveries a month. Water plant#1&2 week 1 and Water plant#3 week two. Deliveries are coordinated whenever possible but are not to a set schedule. Questions regarding this Addendum should be directed to: Ted Long City of Lake Wales Chief Wastewater Operator 863-678-4114 tIong@cityoflakewales.com Acknowledged X .07, Gene 'anger AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT 9/24/2012 BUSINESS ITEM DESCRIPTION: Approval to Piggyback the City of Cocoa's bid for Carbon Dioxide. BACKGROUND: The City of Cocoa received bids for the purchase of Carbon Dioxide on August 26, 2010. Airgas Carbonic submitted the low bid of $153.00 per ton. Two consecutive one year renewals were provided for in the contract subject to approval by both parties. Both Airgas Carbonic and the City of Cocoa have agreed to renew this contract through September 30, 2013, at the same rate. The City of Edgewater has piggybacked this contract since October 1, 2010, and requests to do so through September 30, 2013. STAFF RECOMMENDATION: Staff recommends approval to piggyback the City of Cocoa's bid for the purchase of Carbon Dioxide from Airgas Carbonic. ACTION REQUESTED: A motion to approve piggybacking the City of Cocoa's bid for Carbon Dioxide to Airgas Carbonic in the amount of$153.00 per ton. FINANCIAL IMPACT: (Finance Director) 440-4030-533.52-50 $60,365 Budgeted FY 2013 (SPECIFY IF :UDGET AMENDMENT IS REQUIRED) YES NO XX t Jo - cKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: Brenda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal race ' . Barlow City anager Office of the City Clerk i rH.= Joan Clark, MMC CITY �w::�� +. . ' • 65 Stone Street Cocoa, Florida 32922 jclark @cocoajl.org (321)433-8488-phone (321)433-8455-facsimile September 12,2012 Airgas Carbonic Agenda Item #V. 12 Phil Filer, President P.O.Box 17144 Tampa FL 33682 Re: Amendment to Purchase Agreement—Bid No. B-10-6-COC Dear Mr. Filer: I have enclosed a fully executed amendment to purchase agreement, referenced above, as approved by the Cocoa City Council on September 11, 2012. If you have any questions or require additional information, please feel free to contact me at(321)433-8488. Sincerely, Joan Clark, MMC City Clerk City of Cocoa c: Jack Walsh, Utilities Director Troy Howell,Water Plant Superintendent Tammy Eastburn,Finance ( City of Cocoa AMENDMENT TO PURCHASE AGREEMENT BID NO. B-10-6-COC This amendment to the purchase agreement for Carbon Dioxide is made and entered into as of July 10,2012 by and between the City of Cocoa and Airgas Carbonic,PO Box 17144,Tampa, Florida 33682. The agreement,entered into on October 1,2010, is hereby amended to renew the 3`d and final renewal option of the agreement for twelve(12)additional months, at the same rate(s),terms, and conditions commencing on October 1,2012 and terminating on September 30,2013. The parties hereto duly execute this amendment to become effective as of the date and year first above written. AIRGAS CARBONIC CITY OF COCOA By: AIL FILER, By: Michael C. Blake (Name)Printed (Name)Printed (D EtiT Mayor (Title) (Title) 10.1 Signature to Signature / 9//201A CC: Joan Clark,City Clerks Troy Howell,Water Plant Superintendent Tammy Eastburn,Procurement Card Coordinator AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT 9-24-2012 BUSINESS ITEM DESCRIPTION: Addendum #1 to the agreement with Dedicated Transport Service for Lime Residuals Hauling at the Water Treatment Plant. BACKGROUND: On December 5, 2011, the City of Edgewater piggybacked the Utilities Commission of New Smyrna Beach bid for lime residual hauling from the Water Treatment Plant. Baker's Transport Service, a Division of Dedicated Transport, LLC., entered into an agreement with the City of Edgewater at a cost of$8.50 per ton plus a fuel surcharge as outlined in the UCNSB bid submittal. The agreement allows for a one year renewal to the contract which will extend the term through September 30,2013. STAFF RECOMMENDATION: Staff recommends approval of Addendum Number 1 to the agreement with Baker's Transport Services authorizing the City Manager to execute the document. ACTION REQUESTED: A motion to approved Addendum Number 1 to the agreement with Dedicated Transport Service of Lakeland, Inc authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director)440-4030-533.34-10$77,000 Budgeted (SPECIFY IF : d DGET AMENDMENT IS REQUIRED) YES NO XX f J e_. cKinney,Finance Director PREVIOUS AGENDA ITEM: YES NO XX If so,DATE: AGENDA ITEM# Respectfully submitted, Concurrence: Brenda L.Dewees Robin L.Matusick Director of Environmental Services Paralegal --- ,I' racey . :arlow City anager ADDENDUM NUMBER 1 BETWEEN THE CITY OF EDGEWATER AND DEDICATED TRANSPORT SERVICE d/b/a BAKER'S TRANSPORT SERVICE OF LAKELAND,INC. By Agreement made and entered into this day of , 2012, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY") and DEDICATED TRANSPORT SERVICE OF LAKELAND, INC., (hereinafter referred to as "Contactor"). WITNESSETH The CITY and Contractor mutually agree to amend that certain Agreement between the CITY and Contractor made and entered into on December 5,2011 as follows: 1) Both parties wish to utilize the renewal option contained in Section V. TERM-by electing to renew the contract for an additional term of one(1)year. Thereby extending the current contract from September 30,2012 through and until October 1, 2013. 4) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER,FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: DEDICATED TRANSPORT SERVICE d/b/a BAKER'S TRANSPORT SERVICE OF LAKELAND,INC. Frank Wagner President& CEO Dated: (Agreement\BakersTransport-Addendum#1-2012) AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT September 24, 2012 BUSINESS ITEM DESCRIPTION: Volusia Transportation Planning Organization membership assessment. BACKGROUND: The Volusia TPO is an independent organization responsible for the planning and programming of all Federal and State transportation funds for all of Volusia County and the cities of Flagler Beach and Beverly Beach in Flagler County. This organization is the primary forum within which member local governments and citizens voice concerns, identify priorities, and plan for transportation improvements for all modes of transportation — roadway, public transportation, and bicycle and pedestrian facilities. The City of Edgewater is a member of this Organization. STAFF RECOMMENDATION: Approval of the Volusia TPO Membership Assessment& Funding Agreement and authorization for the City Manager to execute the contract. ACTION REQUESTED: A motion to approve and authorize the City Manager to execute the Volusia TPO Membership Assessment& Funding 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: c fill4t,t9Z.C2 - IF J.0,f'McKinney Robin L. Matusick Finance Director Paralegal racey . :a'ow City -nager MUNICIPALITY/ TRANSPORTATION PLANNING ORGANIZATION FY 2012-2013 FUNDING AGREEMENT THIS AGREEMENT, is made and entered into this day of , 2012, by and between the CITY OF EDGEWATER, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "CITY"), and the VOLUSIA TRANSPORTATION PLANNING ORGANIZATION, (hereinafter"VTPO"). WITNESSETH WHEREAS, metropolitan planning organizations are the lead transportation planning agencies in urban areas throughout the United States; and WHEREAS, the Moving Ahead for Progress in the 21st Century Act (MAP-21) signed in July 2012 provides metropolitan planning organizations with the authority and responsibility for transportation planning and funding; and WHEREAS, the quality of life and economic vitality of our community depend on coordinating transportation issues and developing complementary plans and policies; and WHEREAS, the VTPO has the lead role in formulating regional transportation plans and programs and coordinating transportation issues among local entities and the Florida Department of Transportation(FDOT); and WHEREAS, the CITY desires to enter into this Agreement with the VTPO to provide it with funding to support the functions necessary to achieve the VTPOs desired role in planning and funding the Volusia County, Flagler Beach&Beverly Beach Transportation System. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the CITY and VTPO agree as follows: 1. RECITALS. The CITY and the VTPO hereby declare that the recitals set forth above are true and correct and incorporated herein. 2. FISCAL YEAR 2012-13 FUNDING. The CITY agrees to allocate $2,075.00 to the VTPO from the CITY'S Fiscal Year 2011-12 budget. Such funds shall be paid to the VTPO upon receipt of an invoice from the VTPO to the CITY. The payment shall occur effective July 1, 2012. The funding provided to the VTPO by the CITY is equal to $.10 per capita based on the 2010 estimates of population within each local government's jurisdiction as provided by the Bureau of Economic and Business Research,University of Florida. 1 3. EFFECTIVE DATE, TERM. The effective date of this Agreement is upon execution. The terms of this Agreement shall commence on the effective date and terminate on June 30,2013. 4. INTERPRETATION. The headings contained in this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement. 5. MISCELLANEOUS a) This Agreement constitutes the entire Agreement between the parties with respect to the specific matters contained herein and supersedes all previous discussions, understandings, and agreements, written or oral, between the parties hereto. Any amendments to or waivers of the provisions herein shall be made by the parties in writing. No other agreement, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind either party hereto. b) If any sentence, phrase, paragraph, provision or portion of this agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed an independent provision and such holding shall not affect the validity of the remaining portions hereto. c) The parties hereby acknowledge that they have freely and voluntarily entered into this Agreement and that each party has been given the opportunity to receive the advice of independent legal counsel for all negotiations in connection with this Agreement. 6. CONTROLLING LAWS a) This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida, and all duly adopted ordinances, regulations and policies of the CITY now in effect and those hereinafter adopted. b) The location for settlement of any and all lawsuits, claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach thereof, shall be Volusia County, Florida. c) The parties to this Agreement agree to comply with all applicable federal, state, and local laws, ordinances,rules and regulations pertaining to this Agreement. 7. BINDING NATURE OF AGREEMENT. This Agreement shall be binding only between the CITY and the VTPO, and inure to the benefit of the successors or assigns of the parties. 2 8. NOTICES. All notices, consents, approvals, waivers and deletions which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be sufficient only when mailed by certified mail, first class postage affixed, addressed as follows: CITY: City of Edgewater P.O. Box 100 Edgewater,FL 32132 VTPO: Lois Bollenback, Interim Executive Director Volusia TPO 2570 W. International Speedway Blvd., Suite 100 Daytona Beach, FL 32114-8145 9. AUDIT AND RECORD KEEPING PROCEDURES. The VTPO shall keep and maintain accurate public records of all services rendered in the performance of this Agreement and shall keep such records open to inspection by the CITY and the public at reasonable hours during the entire term of this Agreement, plus two (2) years after the expiration or termination of this Agreement. If any litigation, claim or audit is commenced prior to the expiration of the three (3) year period and extends beyond such period, the records shall be maintained until all litigation, including appeals, claims or audits have been concluded or resolved. Any person authorized by the CITY shall have access to and the right to examine any of the records. 10. PROVISIONS NOTWITHSTANDING. Notwithstanding the provisions set forth above nothing contained herein shall alter, amend,or change those terms and conditions set forth in the bylaws of the Volusia Transportation Planning Organization. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the day and year first above written. VOLUSIA TPO CITY OF EDGEWATER By: By: Print Name: Lois Bollenback Print Name: Title: Interim Executive Director Title: ATTEST: ATTEST: (CORPORATE SEAL) (CORPORATE SEAL) 3 AGENDA REQUEST C.A. #2012-TA-1203 Date: September 11, 2012 PUBLIC HEARING Sept. 24, 2012 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd Reading—Ordinance No. 2012-0-08 Amending and Restating Article III (Permitted, Conditonal, Accessory and Prohibited Uses) of the City of Edgewater Land Development Code (LDC). APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Approve the proposed text amendments to the Land Development Code. Background: Proposed amendments enacting Mixed Use Planned Unit Development (MUPUD) and Sustainable Community Development Planned Unit Development (SCD/PUD) zoning districts and their respective requirements as well as other additional amendments. The Planning and Zoning Board recommended approval by a vote of 6-0 on August 15, 2012. City Council approved first reading of this Ordinance by a vote of 5-0 on September 10, 2012. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2012-0-08; amendments to Article III of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2012-0-08. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES X NO If so, DATE: September 10, 2012 AGENDA ITEM# 8a. Respect lly submi d, Concurrence: f'!ll ,11/ zoo r Darren Lear / Robin L. Matusick Development "ervices Director Paralegal • race, . Barlow Cit anager rlm ORDINANCE NO. 2012-0-08 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY & PROHIBITED USES), SECTION 21-31 (COMPREHENSIVE PLAN RELATIONSHIP) TABLE III-1 (LAND USE AND ZONING COMPATIBILITY), SECTION 21-32.01 TABLE III-2 (ZONING DISTRICT DESCRIPTIONS), SECTION 21- 33.05 TABLE III-3 (PERMITTED, CONDITIONAL AND ACCESSORY USES), SECTION 21-34.01 (HOME OCCUPATIONS), SECTION 21-34.02 (COMMUNITY RESIDENTIAL HOMES), SECTION 21-34.03 (INSTITUTIONAL RESIDENTIAL HOMES), SECTION 21- 34.04 (SALVAGE YARDS), SECTION 21-34.05 (REFUSE AND DUMPSTERS), SECTION 21-34.07 (MINI- WAREHOUSES), SECTION 21-36.03 (OUTDOOR STORAGE AND DISPLAY: COMMERCIAL/INDUSTRIAL), SECTION 21-37.02 (DEFINITIONS), AND SECTION 21- 37.07 (INSPECTIONS TO ENSURE COMPLIANCE) 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 August 20, 2012, Council adopted Ordinance #2012-0-07 which amended and restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional, Accessory and Prohibited Uses). 3. Adoption of this Ordinance will modify Article III (Permitted, Conditional, Accessory and Prohibited Uses) of Chapter 21 (Land Development Code). NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 1 Strike through passages are deleted. Underlined passages are added. #2012-0-08 PART A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY & PROHIBITED USES), SECTION 21-31 (COMPREHENSIVE PLAN RELATIONSHIP) TABLE III-1 (LAND USE AND ZONING COMPATIBILITY), SECTION 21-32.01 TABLE III-2 (ZONING DISTRICT DESCRIPTIONS), SECTION 21- 33.05 TABLE III-3 (PERMITTED, CONDITIONAL AND ACCESSORY USES), SECTION 21-34.01 (HOME OCCUPATIONS), SECTION 21-34.02 (COMMUNITY RESIDENTIAL HOMES), SECTION 21-34.03 (INSTITUTIONAL RESIDENTIAL HOMES), SECTION 21- 34.04 (SALVAGE YARDS), SECTION 21-34.05 (REFUSE AND DUMPSTERS), SECTION 21-34.07 (MINI- WAREHOUSES), SECTION 21-36.03 (OUTDOOR STORAGE AND DISPLAY: COMMERCIAL/INDUSTRIAL), SECTION 21-37.02 (DEFINITIONS) AND SECTION 21-37.07 (INSPECTIONS TO ENSURE COMPLIANCE) 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 III (Permitted, Conditional, Accessory and Prohibited Uses), Section 21-31 (Comprehensive Plan Relationship) Table III-1 (Land Use and Zoning Compatibility), Section 21-32.01 Table 1I1-2 (Zoning District Descriptions), Section 21-33.05 Table III-3 (Permitted, Conditional and Accessory Uses), Section 21-34.01 (Home Occupations), Section 21-34.02 (Community Residential Homes), Section 21-34.03 (Institutional Residential Homes), Section 21-34.04 (Salvage Yards), Section 21-34.05 (Refuse and Dumpsters). Section 21-34.07 (Mini-Warehouses), Section 21-36.03 (Outdoor Storage and Display: Commercial/Industrial), Section 21-37.02 (Definitions) and Section 21-37.07 (Inspections to Insure Compliance) of Chapter 21 (Land Development Code) as set forth in Exhibit "A" which are attached hereto and incorporated herein. 2 Strike through passages are deleted. Underlined passages are added. #2012-0-08 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. 3 Strike passages are deleted. Underlined passages are added. #2012-0-08 PART F. ADOPTION. After Motion to approve by Councilman Ignasiak and Second by Councilwoman Bennington the vote on the first reading of this ordinance held on September 10, 2012 was as follows: AYE NAY Mayor Mike Thomas X Councilman Michael Ignasiak X Councilwoman Gigi Bennington X Councilman Justin Kennedy X 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 Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Gene Emter 4 Strike through passages are deleted. Underlined passages are added. #2012-0-08 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 5 Str-ike4hreugh passages are deleted. Underlined passages are added. #2012-0-08 Exhibit "A" 6 Strike4hfengh passages are deleted. Underlined passages are added. #2012-0-08 Exhibit "A" 6 Strike-threugh passages are deleted. Underlined passages are added. #2012-0-08 TABLE III-1 LAND USE AND ZONING COMPATIBILITY Future Land Use Designation Compatible Zoning Districts Low Density Transition RT 1.0 DU/net acre Low Density Residential R-1,R-2,R-3,RPUD, RP,RT 1.0 to 4.0 DU/net acre Medium Density Residential R-3, R-4, RPUD, MH 1, MH-2 4.1 to 8.0 DU/net acre High Density Residential R-5,RPUD 8.1 to 12.0 DU/net acre Commercial B-2, B-3,B-4,SPUD Industrial I-1, 1-2,IPUD Recreation CN,RT,AG,R-1,R-2,R-3, R-4,R-5, RPUD,RP, MH-1, MH-2,B-2, B-3, B-4, BPUD, I-i, 1-2, IPUD, P/SP,R,EC, CC Public/Semi-Public CN,AG,P/SP,R Conservation CN,P/SP,R Agriculture AG,R Minimum 1 DU/2.5 net acre Mixed Use RPUD, BPUD,IPUD, \(I 'I'1 t),EC, CC Minimum 15 acres;to 12 DU/net acre :-)ustainahle ('Umrnunity l)es'elunnivnt '“ I) P 0 ;cc tit a) Suh-I Icnicnt of the C'il\ of C'(win!Act-hi I'kin DU=Dwelling Units SECTION 21n32-,ZONING DISTRICT DESCRIPTIONS 21-32,01—Zoning District Descriptions Table I11-2 summarizes the principal purpose for each zoning category. The minimum parcel sizes are provided where applicable. (See Page 111-5) Rev 04/02/12(Land Development Code) 111-4 TABLE III-2 ZONING DISTRICT DESCRIPTIONS Zoning District Title i Cate.or Purpose and General Description Conservation CN Protection of wetlands,aquifer recharge&environmentally sensitive areas. Rural Transitional RT Provide for limited agriculture and provide for a transition between rural and residential land uses–min. 1 acre lot. SF Residential R-1 Single family residential–(1.0 to 4,0 units/net acre)min. 12,000 sq. SF Residential R-2 Single family residential–(1.0 to 4.0 units/net acre)min. 10,000 sq.It lot SF Residential R-3 Single family residential–(1.0 to 4.0 units/net acre)min.8,625 lot. MF Residential R-3,R-4 Medium density residential(4.1 to 8.0 units/net acre)–single family,duplex, apartments,and townhouses. MF Residential R-5 High density residential(8.1 to 12.0 units/net acre)–single family,duplex, apartments,and townhouses. Recreation R This zoning category includes parks and recreation facilities owned by the City, as well as recreation facilities located at area schools that are under lease to the City. This category includes land committed to both active and passive recreational uses. Residential Planned Unit RPIJD Intended for mixed residential,personal service and limited retail commercial Development with a single development plan—I See Article V,Section 21-58 for details. .......... Residential Professional Office RP Intended for office professional along SR#442 and a rezoning must be accompanied by a site plan. -- ty ( ) Provide parks Home Park Iv1Pt-1 Medium density residential 5.1 to 8.0 units/acre,po for mobile home arks min.5 acre parcel(See Sec.21-71 for Non-Conforming Parks). Manufactured Home Subdivision MB-2 Medium density residential(5.1 to 8.0 units/acre). Provide for manufactured home subdivisions–min.50 acre parcel, Neighborhood Business B-2 Intended for retail goods and services for frequent residential needs–min- 10,000 s ft, Public/Semi-Public P/SP CQn;}ist$of public facilities and private not-for-profit uses such as churches, schools,and cemeteries. All other public lands and facilities,including but not limited to,government offices,post offices,hospitals,utility sub-stations,water and wastewater treatment plants,fire stations,and libraries are also included in this category. Highway Business B-3 Intended for high volume highway related commercial uses–no min.parcel size. Tourist Commercial 13-4 Intended for short term waterfront accommodations for visitors and accessory uses,may include residential mixed use–min.2 acres, Business Planned Unit SPUD intended for mixed commercial and limited multifamily residential with a single Development development plan-_■ ,,,:r_, i,t-:,,tr Details in Article V,Section 21-58. Light Industrial I-1 Intended for storage,light manufacturing,wholesaling and distribution uses and adult entertainment–no min.parcel size. Heavy Industrial 1-2 Intended for heavy manufacturing uses no min.parcel Industrial Planned Unit IPUD Intended for mixed industrial and limited commercial with a single development Development Details in Article V,Section 21-58.. Agriculture AG Intended for general agriculture uses–min.2.5-acre parcel–temporary or hold zoning intended for future urban development. Employment Center/Community EC,/CC Intended to allow a mix of uses to satisfy varying degrees of intensity and Center balance the residential and non-residential needs of the City. t nit \it !'I I) !. i I 1:).'111110% it h,.tiuutcd 1 c'.dot)! nt 1111111 1bl (.1..)11)1111,1;111% , j'i l l Rev 04/02/12(Land Development Code) I11-5 U 0 U U ✓ U U U U U U U U U a rn U a. U a U a a 50 0 0 0 0 0 0 0 0 0 U U U U U a 0 0 0 0 . I I _ Cin a U a 0 A. 4 4 Q a. < a U U 0 4 a 4 CA , ■ 4. a 4 p. G. 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U cd a a a 4 a a 0 E 14�'. a a < 6. a U 4 r !^ t U Q%."6 U lD Q 0. c. , < U M- A 13. 1__ �, ca 0 _ RA -. ,.., 0 2 0 a) O N L Y. .0 2 O F = � p Z N Q t En, N; 3 o C 03 N pT D o g 9 2 U 1, Ed u6> O U O� r' U tQ• o, 0 u w v c3i v 0 L V. Ca1 a 0 N.� y E 0- E E ''''., o vi°, cc„j, U 'O . 'O . - . g _ CgY O S d. a. O X07 U4 . - N `g ✓�. E/A N lil g E%A z,' - 2V = „C .9. `, �E 6+', N 0� V O 2 '� a' 0" ) C 1.: g Ci �' C 0 E Cf U c,F,h H �i u� n �n E- ELL.' F E- b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and industrial districts are allowed. c. No chemicals/equipment, supplies or material, except that which is normally used for household domestic purposes,shall be used or stored on site. d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be permitted in residential areas. e. No electrical, electro-magnetic or mechanical equipment that causes any interference or excessive noise to adjacent dwelling units shall be installed or operated. 1. No products, services, or signage may be displayed in a manner that is visible from the exterior of the dwelling unit,except signage required by state law. g. Except as provided in +1- .-1-I---.?-«}tht2 C it\ cul !.cL::uu:itcr Cudc t>'Lliiiinccs, no commercial vehicles or equipment shall be permitted in the driveway, or adjacent public right-of-way, including commercial vehicles used for mobile vending and no delivery of commercial products for the use of the business tax receipt shall be allowed. Normal/routine UPS,FedEx,or over-night mail shall not be considered commercial deliveries. h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted for office use and small machinery such as hand drills and small jigsaws for hobbyist uses. Hobbyist uses shall be limited to$500 in total inventory. i. All home occupations shall be required to obtain a home business tax receipt pursuant to the requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation. j. Garages, carports or similar structures, whether attached or detached shall not be used for storage of material or manufacturing concerning the home occupation (other than storage of an automobile). k. Any home business tax receipt that generates more than 10 vehicle trips per day shall require a City fire inspection. Excessive traffic shall not be permitted other than routine residential traffic. 1, An applicant may appeal the denial of an application to the City Council pursuant to the requirements of the Land Development Code. m.. No home business tax receipt shall be issued for any property until such time that any Code Compliance issues are resolved. rat, If the applicant does not own the property, said applicant shall provide a signed and notarized affidavit from the property owner permitting a Home Occupation on their property,provided the use is permitted by the City. Rev 04/02112(Laid Development Code) 111-13 n. A Community Residential Home shall not be located closer than 1,200 feet (1,200') to another CRH or closer than 500 feet(500') of a parcel zoned AG,RT,R-1, R-2, or R-3. [See Chapter 419.001 F.S.] o. All distance requirements shall be measured from the nearest point of the existing CRH property line,or the zoning district described above,whichever is greater. p. Each facility shall be required to obtain an appropriate license prior to receiving are fist i n-H-:,i4 i,,:„_;,b us i nc;; t..\ re.:c i n t from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21-34.03—Institutional Residential Homes (also referred to as ALF's) The purpose of this Section is to provide regulations to protect the adjacent property values while allowing the institutional home to operate. For this purpose of this Code, assisted living facilities (ALF) shall be considered as an Institutional Residential Home. a, A minimum 4 foot(4')high fence shall be provided at all times. b. Full time on-site management shall be provided at all times. c. Minor on-site medical care may be provided at the option of the operator. d. Each resident shall have the minimum square footage of personal living area for their use, as required by the State. e. Each facility shall be required to obtain an appropriate license prior to receiving an husincs tzl. rce,:illtt+ccupL:t . ‘:t.:! from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21-34.04—Salvage Yards The purpose of this Section is to control the operation of salvage yards and similar uses, a. Salvage yards shall comply with the conditional use standards for the 1-2 zoning district. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21-54. c, All sites shall be enclosed by an eight foot (8') high stockade fence, ins I I enc' or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Business Tax Receipt shall be required. Rev 04/02/12(land Development Code) 111-15 f. No storage or parking of items under control of the salvage yard shall be permitted outside of the fence or wall. 21-34.05—Refuse and Dumpsters The purpose of this Section is to control the placement and operation of refuse and dumpsters and similar such uses. a. Dumpsters on commercial, industrial and multi-family properties shall be enclosed from view with a six foot(6') high stockade fence, in I in c or masonry wall and gate. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. Dumpsters and dumpster pads shall not be required for properties zoned RP (Residential Professional). b. No dumpsters, containers or containment areas shall be permitted in any public right-of-way. c. Gates shall be kept closed at all times except on designated pick up days. d. Non-residential properties located within 150-feet of a residential property line or noise sensitive zone(as defined in the Noise Ordinance) shall not have dumpsters and/or containers delivered, emptied or removed between the hours of seven p.m. (7:00 p.m.) and seven a.m. (7:00 a.m.) on weekdays and seven p.m. (7:00 p.m.) and eight a.m. (8:00 a.m.) on weekends or holidays. Dumpsters and/or containers cannot be delivered,emptied or removed during the hours of ten p.m. (10;00 p.m.)and six a.m. (6:00 a.m.)in non-residential properties which are not within 150-feet of a residential property line or noise sensitive zone. e. All construction projects shall have a dumpster located on-site for placement of construction debris for all new construction and additions exceeding 600-square feet. f. Containment areas and construction project areas shall be maintained in a clean and orderly manner at all times so as to not produce a nuisance. g. Newly developed/redeveloped non-residential projects and multi-family projects over four (4) units shall provide an adequate quantity of on-site dumpsters. 21-34.06—Kennels The purpose of this Section is to minimize conflicts of noise, odor, and health hazArds created by kennels. In addition to the regulations as set forth within the district(s) in which the use is located,the following minimum regulations shall apply: a. Commercial kennels are limited to the raising, breeding, boarding, and grooming of domesticated animals. Farm animals such as pigs and chickens or exotic animals such as snakes are expressly prohibited. Rev 04102/12(Land Development Cede) 111-16 b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a sanitary facility approved the City Engineer. c. No animal having a disease harmful to humans shall be boarded or maintained in the facility. d. No building or other structure nor any dog run shall be located within 150 feet (150') of any residential use. e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7 A.M. f. Kennels are required to receive a commercial kennel license from the Volusia County Animal Control Department and a City of Edgewater Business Tax Receipt after receiving a Certificate of Occupancy from the City. g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional regulations. 21-34.07—Mini,warehouses Mini-warehouses may be permitted under the following conditions: a. Mini-warehouse buildings shall be screened from the public right-of-way by a minimum of a six foot (f') high stockade fence or masonry wall with a ten foot (10') wide landscape buffer planted adjacent to the street side on all boundaries facing residential districts. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing. vim I Icnc or masonry wall. b. The project shall be completely fenced, walled, and designed to limit ingress and egress through a controlled and lockable access point. This shall be limited to one (1) two (2) way access points or two(2) one(1)way access points. c. Mini-warehouse units shall not contain any provision for electrical outlets, potable water, or sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes may be installed outside of the warehouse structures. d. Bathroom facilities shall be provided at a central facility in accordance with the Standard Plumbing Code. e. Mini-warehouses are to be used solely for storage purposes. No other commercial use or business shall be permitted within the facility unless permitted as part of a Master Plan. However, one (1) office unit attached by common walls or floors as a part of the mini- warehouse facility may be provided for use of the warehouse manager. f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal substances or materials is allowed. Rev 04/02/12(Land Development Code) III-17 21-36.02—General Regulations a. The principle permitted use must be built or permitted prior to a permit for an accessory use is permitted. b. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. c. No accessory use, building or structure shall exceed the height limit shown in that district, d. Accessory buildings shall not be rented or otherwise used as a dwelling unit. e. No accessory structure may be located within a public right-of-way or public easement. f. All accessory structures are required to obtain a building permit. g. No accessory structure may be located in any front yard in any zoning district. h. Accessory buildings shall conform to the setback requirements described in Table V-l. i. No accessory building may be located within any required parking area, landscape area or stormwater facility area. j. Accessory buildings shall be limited to 2 per parcel. k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property lines. 21-36.03 Outdoor Storage and Displays 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 11l-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_ in\I l;_nec or masonry wall. However, the wall or fencing shall not interfere with the flow Rev 04./02/12(Land Development Code) 111-20 process as defined in Section 21-37.0.4. For the purposes of this definition, a charitable event/activity does not include an event/activity with the primary purpose of carrying on propaganda or otherwise attempting to influence legislation, and does not include an event/activity with the primary purpose of raising funds or garnering support for a political campaign on behalf of(or in opposition to) any candidate for public office. City sponsored activity sponsored or co-sponsored by the City Council or any City Department for the benefit of the residents of the community. Civic group/non-profit organization — any group that meets for the improvement of the community and whose main function is to make the community a better place to live either by deed, donations of time or finances. A tax-exempt certificate is not necessary if the group meets the above stated criteria. Community activity activities which take place on City owned or controlled property in which the general public is invited to participate. Live entertainment - entertainment in the form of music, singing, speaking or similar activities that are enhanced by amplification equipment. This includes bands, concerts, performances, karaoke and disk jockey functions. Outdoor entertainment — entertainment in the form of music, singing, speaking and similar activities, amplified or non-amplified that is located outside of or partially outside of the area of the sponsoring property permitted for normal retail sales or services. Private business-any business enterprise operating for the purpose of creating a profit. Special activity—any public or private activity held within the City of Edgewater in which it can be reasonably anticipated that the number of persons attending the activity will exceed the on- site parking, seating or sanitary facilities available at the premises upon which activity will take place 4- 'that services will be required beyond that which are regularly provided by the City such as additional traffic control, crowd control, fire and/or emergency services, street closures, cleanup or other municipal services. Special activity permit--a permit issued by the City to authorize a special activity. Sponsor/promoter — any person, group or entity ultimately responsible in full or part for producing, operating, sponsoring or maintaining a special activity. 21-37.03 Special Activity Permit Requirements a. The uses authorized by a Special Activity Permit are temporary and all permitted improvements shall be removed within five(5) days of the completion of the special activity. b. The number of special activities at any given location or address shall not exceed: Rev 04102112(Land Development node) 111-27 b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes conditions. c. The proposed activity shall comply with the City's Land Development Code and noise ordinance conditions. d. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. e. The proposed activity shall have adequate sanitary facilities. f The applicant shall post a bond or provide insurance in the amount of$500,000 if no on-site alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is permitted and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all liabilities. g, The City Council may waive the requirements as contained in Section 21-35.01 for alcohol sales and/or consumption associated with a special activity. h. The City Council may add other conditions to protect the health, safety and welfare of the residents. 21-37.06-l-Temporary Structures It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the Istructure and must be removed with five (5) days of completion of the special activity, The Building Official and Fire Marshali shall verify such compliance is obtained.. 21-37.07—Inspections to Ensure Compliance The City shall provide scheduled. and unscheduled inspections prior to and/or during the special I activity by police, fire, code etaf re4incnt, building and/or City administration representatives to monitor and ensure compliance with all applicable City, County and State codes, Special activity permits that include outdoor entertainment may require a code l.>rL L n i'_n t officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement rides and public food preparation facilities. 21-37.08---Penalties Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees, No further special activities shall be authorized until all penalties are current.. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a Rev 04/02/12(Land Development Code) I1I-29 AGENDA REQUEST C.A. #2012-TA-1204 Date: September 11, 2012 PUBLIC HEARING Sept. 24, 2012 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd Reading— Ordinance No. 2012-0-09 Amending and Restating Article V (Site Design Criteria) of the City of Edgewater Land Development Code (LDC). APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Approve the proposed text amendments to the Land Development Code. Background: Proposed amendments establishing requirements for the Mixed Use Planned Unit Development (MUPUD) and Sustainable Community Development Planned Unit Development (SCD/PUD) zoning districts as well as other additional amendments. The Planning and Zoning Board recommended approval by a vote of 6-0 on August 15, 2012. City Council approved first reading of this Ordinance by a vote of 5-0 on September 10, 2012. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2012-0-09; amendments to Article V of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2012-0-09. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES X NO If so, DATE: September 10, 2012 AGENDA ITEM# 8b. Respe t lly submit • I, Concurrence: Ai Dane Lear - Robin L. Matusick Development Services Director Paralegal Trace . Barlow Ci anager rlm ORDINANCE NO. 2012-0-09 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE V (SITE DESIGN CRITERIA), SECTION 21-50.01 (PURPOSE); SECTION 21-50.02 (MINIMUM SITE DIMENSIONS), TABLE V-1 (SITE DIMENSIONS) AND SECTION 21-57 (PLANNED UNIT DEVELOPMENT DESIGN CRITERIA) BY ENACTING SECTION 21-57.05 MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) AND SECTION 21-57.06 SUSTAINABLE COMMUNITY DEVELOPMENT PLANNED UNIT DEVELOPMENT (SCD/PUD) 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 September 28, 2009, Council adopted Ordinance #2009-0-04 which amended and restated Chapter 21 (Land Development Code),Article V (Site Design Criteria). 3. Adoption of this Ordinance will modify Article V (Site Design Criteria) of Chapter 21 (Land Development Code) to include requirements for the Mixed Use Planned Unit Development (MUPUD) and Sustainable Community Development Planned Unit Development (SCD/PUD) zoning districts and other additional amendments. 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 V (SITE DESIGN CRITERIA), SECTION 21-50.01 (PURPOSE); SECTION 21-50.02 (MINIMUM SITE DIMENSIONS), TABLE V-1 (SITE DIMENSIONS) AND 1 Strike through passages are deleted. Underlined passages are added. #2012-0-09 SECTION 21-57 (PLANNED UNIT DEVELOPMENT DESIGN CRITERIA) BY ENACTING SECTION 21-57.05 MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) AND SECTION 21-57.06 SUSTAINABLE COMMUNITY DEVELOPMENT PLANNED UNIT DEVELOPMENT (SCD/PUD) 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 V (Site Design Criteria), to include requirements for the Mixed Use Planned Unit Development (MUPUD) and Sustainable Community Development Planned Unit Development (SCD/PUD) zoning districts 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. 2 Strike passages are deleted. Underlined passages are added. #2012-0-09 PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by Councilman Emter and Second by Councilman Ignasiak the vote on the first reading of this ordinance held on September 10, 2012 was as follows: AYE NAY Mayor Mike Thomas X Councilman Michael Ignasiak X Councilwoman Gigi Bennington X Councilman Justin Kennedy X 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 Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Gene Emter 3 Strike through passages are deleted. Underlined passages are added. #2012-0-09 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 Strike through passages are deleted. Underlined passages are added. #2012-0-09 Exhibit "A" 5 Strike4hrough passages are deleted. Underlined passages are added. #2012-0-09 Exhibit "A" " 5 Strike-*ugh passages are deleted. Underlined passages are added. #2012-0-09 ARTICLE V SITE DESIGN CRITERIA SECTION 21-50 -GENERAL PROVISIONS 21-50.01 - Purpose The purpose of this Section is to establish site design and development criteria for all public/private development and redevelopment. Pursuant to the requirements of Florida Statutes, all plans submitted for review by the City shall be signed and sealed by the appropriate professional person. In addition to City-wide site design criteria contained in this Article, the City of Edgewater has adopted the Indian River Boulevard- .l . !-r Corridor Design Regulations :.!H,1 01k2 \\()()d \ Cl)rrithtr I)c;icn RCcu!uuiOns, which are incorporated as Article XVIII :!nd ;\rti(2lc .\\ r,:spccti\c1' in this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard-S.K. 442 Corridor Design r;n.t i-e-tisk._HLH,1); At-tiL:L: !L!L,.: Ooci C nrriLlor kc‘2ul:-r.Ion;;, are applicable to properties within 4e cuch resnccti'. t�.crizt\_di<trict and include site design and architectural design criteria that l�,upQzrco4e the requirements set forth in this Article. tif.-:p'=r"• .--1_;:•tt, l-4,.H4;;i1 th_„, lnJi::n I': . I'.;ir!! In ! ( `a'. ' I. —1 - ! �. 11 u4 ;i i •;.iiy 1314-e-ii—4--=; ° 1111111 :� ¢ Q O Q o o N ° CD ¢ <111 Q Q < < < Q Q ` 1 o iN 2 o z z z z 2 z z Z z z z C.Q� _ Z _ _ SJ O' E,'. O„„� u ,e��. C v 1111111 11111 .1:1---: 1111 11111 r, 11 ic 111111 111111 o :'ili 111 11,Hilt V a o k, i3 z b 0 U Pill! o 2 c v U ., v E F • O m co ca �n al U G y N CGG cA (0 _ O _ U 'UO 7, '- N V (] - F CJ Q G a^3 v .a •- - a r v v = u cd C) q - =+ G - c. p c4 C v v P. w CLl E y E i cci T T T R' 1 0 O O p E E E. G 1 .-. O v .G E E E .T .T C y ` U p N j ` • Q� " Ed E v_ w T U o 0•v N E .32 0 0 b0 -,74 .D M L 0 a Ca -- v g Q _ c; z s F o a G - I a• O C7 Z ✓� H N,i M J' vi 0. x Z N M d' G _ -- ce N Q U a, c4 L C R 2 p M th ca '7 N d _;'ei Conceptual Development Plan shall include the following: 1. The lots areas for industrial and/or commercial development, including lot widths, setbacks, building heights, building footprint and minimum floor areas; 2. Landscaping, fencing,parking, loading areas,signage and lighting; 3. Project phasing, if applicable; 4. Infrastructure improvements, all utility lines shall be installed underground; 5. Common/open space areas and their use including resource protection areas as defined in Article IV; and 6. Overall stormwater master plan. d. Site Plan Approval A site plan shall be submitted in conjunction with Section 21-93. 2 '-57.r,5 — Nli`;cd-L>c 1'lzlanc(! ! nit l)cvcllln l„,;.• t ,IZ Pr 1)) LI. l.'urnc;,c 111c A'll':etl I >C PI,lnne(1 flit DeAch r.inenl (\III :Nil)) is intc'idcd to provide a lieAIhle approach l'o !l1t\CJ t!Sc ;ll?tl ilU'?U\-ati\ l:tlk l:C t Chili Ill_>. 1' Ill l' .\o'il:_i ,li.a,_i',. i 11:)t he permitted 1.,., this ( ode. \on.\!thstand:!1_ the :;cell: criteria identified hereiil. Proposals sal should <1U:!`tilhilhh it?,' .:. ��, \,, :c tturnos._5_ to the l•._ e`.t.ent I. 1'ro\ tic ',strict\ ill and U.SLS I11Clll:hnL Ilion-residential. residential. puhlie ci\ iL'LIlid rccre;cic,ual — ^— _. I'ro\Isle alive Sric itn1 ht!Ila_l!il_ dcsl'cii, illeluLinl [I'_I!li!I. I?:! !lci_'hb(tncood tiev !1roV Lie efficient location and utili%atioll tIl illlrastructtire tiirt(u_l' economical tic\clopntt?'a. ncdestrian ic'ci cii ti,•s• 4. I.Slahhjll open areas s,.2t a;<i,_l. ((`!' ih'_' fll'esel'\il[I ,CI o. natural :.- si..;[liliC;.11lt natural IC2',ItLIR> and listed species hahitats: 5. Create usable and su!tanl'. located pullic spaces. recreational (aclii:ia . (`r1 !1 spat•'t`s arid (). tiro\Idc [or (.Idler hl11I alit li.. rc>Irictt(ltls and rculli cnle!ll_; 1e2Illc,2■_! ilccta ar\ h`• the ( tt\ to eil,;ui'. Ct1i ilpatihi iii\ \\ith 11'2i:111130r110(1d` mill ci l_Ciivcl`:” 'adverse iill['cicts. h- 'cr�:littcd Lscs ht:rll?!ttcd us,:s in COnitvictin'tl: Rit11 .N-h'•:;aa-t'sc Planned I nit l)eVelonn'ICntsar'c lisle.). _ Rev,9/28/09(LandDevelopmentCode) V-43 in \rt:c1,2 I li. I ;Able 111-2. Densit; and Intensity he dett. ittet., and intensities of k I iNed-L Sc PIZIIMCj ',2Oritilt2111ti 's SOCCi liC R:(-1 LI r,2111C111_:, arc cottuincd in the ( ii' s Con:orehensi Conc,...1)t1al Develoncip2nt nan .\ (•oncentu,i1 Dc\elopment Nun 1iaH hc stillinittal Lflopl i ith a De\elopment AtIrecincnt. scc.: Section 1-1 1)1 1 Fhe Conceptual De\elooment Plaa shall contain the Collo\s.ina.: I. !Minium dimensional reuttirements. inciadint.t. proposed lot area ',Ind -0. 11Ci2111,;) :Mkt tuiniitiiutn floor areas: 2. Landscapina, parkina. and sitanalc: 2. Proicta nhasinti. 4. In h-ttstructure imnro\.anents: 5. Common open space areas and th....tir use. includin:2 an\ proicetion areas a jdjiicLI in .\rticle (). Proposed street la\out. names tind lot numbers: and 7. t)t,era!! stortilysat.at drainatte master plan. 1ltstt.21- Plan .‘nnroval ma-tcr Han shall he sithmittAl in conjunction vt,ith Article Mil. 2 - Sustainable ( ommunh-t. 1).2\:tItr)r»ent Planned Unit Develotiment a. Pu muse I lie Sustainable Communit\ De\elopment Planned t lint De\elonn-wnt tS(. ..) P1. is intended to provide a ilestal* ::u -roach lor mixed use and inno\ati\e land tisc.: hid ) \\MALI other\ise not be permitted by this CottIe. Nontitstandina thc specilic criteriu identificd h.erein. proposals should accomplish [Pc In! inn nurno.-es. to the t!reutcst extent I. Pros idc a variet\ or land use ineludintf residentiui. orrice. commercial. public ck ic and tt,tcrcational vhich aimpleinent and st.tr...: it2sidentiLtl use Rev,9/28/09(LandDevelopmentCode) V-44 transporlation needs and conscr\ ener.e.\ and Jt, n.tyal restture.:s: 2. Pro\ide stociallv and 020nOMIC:Alk di\erne eornmunitt. \\ith \\ide ranue or housint.J. t\pes includirftt hut not limited malti-tintil\ and \ tilt se home.; as \\ell as some r...Jsid....mtial \entor\ 10 cJ al7to\e retail or comin..2reial uses \\;tit Nariou price points: Provide e innovative site and Pulidinu dcsitIn_ includine desit_m principles that arc consktent \\itlI Traditional s.\Jeite.hPorhood ksi_ni. rarHt-Oriented elopment Jnid Nevt. 1:rhanism: .4. Pro\ide Jlicient location and utili/ation ol infrastructure throuiji onierl\ and economical t..H..elopment. nut idi iC t tit11\ inteLlrated net\\ork id. streets arranted and dest....med to promote a :-tieasant. pedestrian and hic\ en\ irpnment to.ith an emphasis on con\:..Jnient ;icccs to urroundini2. nen_thhorlitiods and communit\ amenities: 5t. Conserve tante ar.:as ol unitnerrunt.,:d en' ironmentalk sensiti\U :areas \\Inch shall Nc tinted as part oT a s\stem for 1);:bitat. \.\edands. ,airtl:tee water protection and to provide scenic areas and recreational opporainitics thoth c and passive): and Provide Tor other limitations. restrictions and reduirements as deemed necessar\ lyv the ( it\ to ensure computilltlik 0. th tftitacent neiehborhoods and clee1i eR reduce potential ad\.2r.se impacts. N. Permitted I ses Ali permitted uses in conjunction \\ith Sustainable Communin. De\doptnety. Planned nit Lie,..21t.Tm.._snt, are listed in .\rtic1;2 III. Tahle c. Density and he densities and intensities of Sustained Communtt\ \cittpmcnt Planned :nit De\eloPmems ar\. Specitic reduirements are contained in the tit.\ s Comprehensive Plan. d. Conexptuni De%cionment Plan A Conceptual De elortmen: Plan shall he -;ithmitted alatim dli a D,..2,cltipmcnt .\ lreement... see Section 2 I 0 I. The Conceptual I kveloptnent Plan shall contain. but not he limited to he 1.0I too,inw. I. ltnimuru dimensional rcutriremcnts. includintl proposed lot area and width. hei"hts and 11111,111M1111 door areas: 2. Land-scat-tin, narkin, and sittnatte: Rev.9/28/09(LandDevelopmentCode) V-45 3. Projcct 4. In rr...ist!:Liciur:.: iinpiovenients: 5. Common open snace are.d.s :Ind :heir L.Sc. 1CIULIIIl in re:wurc.: prot,Jction r\r: 6. Proposecl strk2et lavout. ins ;Ind lot and 7. rall storin\\:...ter druinatle mamer plan. (2. Mastur Plan tria,,ter nlan shall he 111-4nittc(1 in ctq:iuncti,.,n ith Article ".\-..H I. 9/28109(LandDevelopmentCode) V-46 AGENDA REQUEST C.A. #2012-RZ-1201 Date: September 11, 2012 PUBLIC HEARING Sept. 24, 2012 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2nd Reading—Ordinance No. 2012-0-10 GS Florida, LLP requesting an amendment to the Official Zoning Map to include 5,187± acres of land west of Interstate 95 and north of State Road 442 as SCD/PUD (Sustainable Community Development Planned Unit Development) BACKGROUND: OWNER: Hammock Creek Green, LLC APPLICANT/AGENT: GS Florida, LLP PROPOSED USE: A mix of single-family and multi-family residential and commercial development. LOCATION: West of Interstate 95 and north of State Road 442 AREA: 5,187± acres CURRENT LAND USE: Vacant FUTURE LAND USE DESIGNATION: Sustainable Community Development and Conservation ZONING DISTRICT: Volusia County—Rural Agriculture and Forestry Resource VOTING DISTRICT: 2 SURROUNDING AREA: See next page Current Land FLUM Designation Zoning District Use Vacant City of New Smyrna City of New Smyrna Beach North Conservation and Forestry Resource and Forestry Resource Conservation Vacant Volusia County Rural, Volusia County RA (Rural East Forestry Resource and Agriculture Estate), A-2 (Rural Environmental Systems Agriculture), RC (Resource Corridor Corridor), FR (Forestry Resource) Vacant Mixed Use with RPUD (Residential Planned Unit South Conservation Overlay Development), and Conservation, Volusia County RC (Resource Volusia County Corridor) and FR(Forestry Environmental Systems Resource) Corridor and Forestry Resource Vacant Volusia County Volusia County—RC (Resource West Environmental Systems Corridor) and City of New Corridor and City of New Smyrna Beach Forestry Smyrna Beach Forestry Resource Resource Background: This property was annexed into the City in June of 2005. On February 2, 2009, the City adopted an amendment to the Comprehensive Plan by creating the "Restoration Sustainable Community Development district. The Department of Community Affairs (presently known as the Department of Economic Opportunity) reviewed the Comprehensive Plan amendment and issued a notice and statement of intent to find it"not in compliance." Thereafter, the Department, City and Hammock Creek Green entered into a stipulated settlement agreement. The City adopted a remedial amendment pursuant to the settlement agreement on February 8, 2010 and, on March 18, 2010, the Department issued a cumulative notice to find the plan amendment as remediated "in compliance" and subsequently realigned parties leaving Richard Burgess the sole Petitioner. On May 17 & 18, 2010, the Department of Administrative Hearing held public hearing (DOAH Case No. 09-2080GM) in Edgewater regarding Richard Burgess challenging the Department of Community Affairs finding of "in compliance" based on the remediated "in compliance" Stipulated Settlement Agreement. On July 27, 2010, the Administrative Law Judge entered a Recommended Order recommending the Department of Community Affairs find the Comprehensive Plan Amendment "in compliance". On December 22, 2010 DCA Secretary Tom Pelham issued a Determination of Non-Compliance regarding the Comprehensive Plan Amendments regarding Restorations Sustainable Community Development Element. In February 2011, City Staff met with the Governor and Cabinet, acting as the Florida Administration Commission, regarding former DCA Secretary Pelham's determination. On February 24, 2011 the Florida Administration Commission found the amendment in compliance. On April 10, 2012, the Fifth District Court of Appeals dismissed the ECARD lawsuit related to the VGMC approval of the Restoration DRI. Land Use Compatibility: This project will be linked to the large developments anticipated in the City of New Smyrna Beach by the Williamson Boulevard extension and to the proposed Deering Park project and Farmton project to the south. Adequate Public Facilities: Public Facilities are addressed in detail in the DRI Development Order. Natural Environment: The Restoration Site Mitigation Management Plan is currently under review. Consistency with Comprehensive Plan: The proposed development is consistent with the Sustainable Community Development Sub- Element contained in the Future Land Use Element of the Comprehensive Plan. Other Matters: Preliminary Plat approval must be granted to the developer by the Planning and Zoning Board and City Council prior to the development of this site. At their regular meeting held on August 15, 2012, the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council to amend the City of Edgewater Official Zoning Map to include 5,187+ acres of land located west of Interstate 95 and north of State Road 442 as Sustainable Community Development Planned Unit Development (SCD/PUD). City Council approved first reading of this Ordinance by a vote of 5-0 on September 10, 2012. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 2012-0-10; an amendment to the City of Edgewater Official Zoning Map to include 5,187+ acres of land located west of Interstate 95 and north of State Road 442 as Sustainable Community Development Planned Unit Development (SCD/PUD). ACTION REQUESTED: Motion to approve Ordinance 2012-0-10. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES X NO If so, DATE: September 10, 2012 AGENDA ITEM# 8c. Respe• ully submi ted, Concurrence: / I k,141 2ii .tr. r__. Darr Lear / Robin L. Matusick Development ' ervices Director Paralegal 4 J.. ..1 _ ‘,..-- ".".. "''... ► acey T ':arlow City M. ager rlm ORDINANCE NO. 2012-0-10 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY RA (RURAL AGRICULTURE) AND FR (FORESTRY RESOURCE) TO CITY SCD/PUD (SUSTAINABLE COMMUNITY DEVELOPMENT PLANNED UNIT DEVELOPMENT) FOR PROPERTY LOCATED WEST OF INTERSTATE 95 AND NORTH OF STATE ROAD 442, EDGEWATER, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE SUSTAINABLE COMMUNITY DEVELOPMENT PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE RESTORATION DEVELOPMENT OF REGIONAL IMPACT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. David Guy, agent/applicant on behalf of Hammock Creek Green, LLC, owners of property located west of Interstate 95 and north of State Road 442, Edgewater, Florida. Subject property contains approximately 5,187 acres more or less. 2. The owner/applicant has submitted an application for a change in zoning classification from County RA (Rural Agriculture) and FR (Forestry Resource) to City SCD/PUD (Sustainable Community Development Planned Unit Development) for the property described herein. 3. On August 15, 2012 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 6-0, the Board recommended that City Council consider approval of the request. 4. On September 10, 2012, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Strike through passages are deleted. Underlined passages are added. #2012-0-10 Daytona Beach News Journal on August 30, 2012. 5. On September 24, 2012, the City Council held a public hearing on the application after publishing notice of such hearing in the Daytona Beach New Journal on September 14, 2012, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. The proposed change in zoning classification will not have an adverse effect on the natural environment. 10. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from County RA (Rural Agriculture) and FR (Forestry Resource) to City SCD/PUD (Sustainable Community Development Planned Unit Development) pursuant to the associated Sustainable Strike-through passages are deleted. Underlined passages are added. #2012-0-10 Community Development Planned Unit Development (SCD/PUD) Agreement for the Restoration Development of Regional Impact which is attached hereto and incorporated herein as Exhibit "A" (said Exhibit also includes the legal description and map of subject property). PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. 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 D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. mike passages are deleted. Underlined passages are added. #2012-0-10 PART G. ADOPTION. After Motion to approve by Councilman Emter with Second by Councilwoman Bennington the vote on the first reading of this ordinance held on September 10, 2012, was as follows: AYE NAY Mayor Mike Thomas X Councilman Justin A. Kennedy X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on , 2012, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter Strike through passages are deleted. Underlined passages are added. #2012-0-10 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 legality by: Aaron R. Wolfe, Esquire of , 2012 under Agenda Item No. City Attorney 8 . Doran, Sims, Wolfe&Kundid Strike through passages are deleted. Underlined passages are added. #2012-0-10 Exhibit "A" THIS INSTRUMENT PREPARED BY: CITY OF EDGEWATER P.O.Box 100 Edgewater,FL 32132-0100 AFTER RECORDING RETURN TO: Robin L. Matusick,Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O.Box 100 Edgewater,FL 32132-0100 For Recording Purposes Only SCD/PUD AGREEMENT RESTORATION THIS AGREEMENT is made and entered into this day of , 2012 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City") and Hammock Creek Green, LLC, a Delaware Limited Liability Company whose address is 50 N. Water Street, South Norwalk, Connecticut 06854 (hereinafter referred to as "either "Master Developer" or "Owner"). The purpose of this Agreement is to set forth the terms and conditions under which the City will authorize the development of the property to proceed consistent with the SCD/PUD as adopted by the City. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement consists of approximately 5,187± acres located west of Interstate 95 and north of Opossum Camp Road in Edgewater, Volusia County, Florida and is described on the attached Exhibit "A" (Subject Property"). The Owner of the Subject Property is Hammock Creek Green, LLC. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and shall run with the land. Pursuant to Article IX of the Amended and Restated Development Order for the Restoration Development of Regional Impact (hereinafter "DO") and the Introduction to the Restoration SCD Comprehensive Plan, the commencement of development is defined to be the performing of on- site modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on-site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities related to this construction are not deemed to signify commencement of development herein. Any and all permits or other authorizations required to undertake land clearing activities and the commencement of construction activities as herein defined shall be the sole responsibility of the Owner to obtain. Further and consistent with the terms and conditions of the previously referenced DO and Comprehensive Plan , the Master Developer shall commence development of one hundred sixty two (162) residential units and/or 24,411 square feet of non-residential development within four(4) years after the effective date of the DO. The parties to this Agreement have determined and do by this Agreement establish the effective date of the DO to be April 10, 2012. Notwithstanding the foregoing, the parties further recognize, understand, and agree that from time to time the Florida Legislature may adopt statutes that provide options for owners to extend the time or deadlines set forth in previously adopted Development Orders or Contracts with local government and nothing set forth herein shall preclude the Owner in appropriate circumstances from making application for such extension(s) as and to the extent the Owner qualifies for the same. 3. DEVELOPMENT USES PERMITTED The Master Developer, its successors and/or assigns, shall develop the Subject Property in a manner that is consistent with the terms and conditions of the DO, the Restoration SCD Comprehensive Plan and the Restoration SCD/PUD Design Guidebook (Exhibit "B"), which is attached hereto and made a part hereof. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for the Subject Property generally known as Restoration is Sustainable Community Development and Conservation. The zoning designation for the Subject Property shall be SCD/PUD (Sustainable Community Development Planned Unit Development) as defined in the City Land Development Code. The permitted uses for SCD/PUD (Sustainable Community Development Planned Unit Development) are applicable to the development of the Subject Property and are consistent with the adopted Restoration SCD Comprehensive Plan/Future Land Use Map. 5. PUBLIC FACILITIES Public facilities shall be provided to the City by the Master Developer pursuant to the requirements set forth in the DO. 6. CONSISTENCY OF DEVELOPMENT The City shall issue the permits required for the development of the Subject Property in the ordinary course so long as the permits sought are consistent with the requirements set forth in this Agreement, the DO and Restoration SCD Comprehensive Plan. 7. DEDICATION OF LAND FOR PUBLIC PURPOSES To the extent required by the DO, the Master Developer shall convey lands intended to be used for public purposes to the City by special warranty deed free and clear of all liens and encumbrances except those approved by the City at the time of conveyance, it being recognized that liens and encumbrances that do not give rise to a monetary obligation of the City and do not materially impact the ability of the City to use and develop the lands conveyed in accordance with the intended purpose will be allowed. Any conveyance of land to other parties shall be governed by this same standard. For purposes of this Agreement and this provision, any conveyance required by the Site Mitigation and Management Plan for the Restoration development shall be considered a part of the DO. 8. PERMITS REQUIRED The Master Developer will obtain all required permits necessary for the full implementation of the DO, the SCD Comprehensive Plan and this Agreement unless the Master Developer has obtained an exemption or waiver from such permit(s). 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Master Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City except to the extent otherwise provided in this Agreement, the DO or the Restoration SCD Comprehensive Plan. Unless excused under the foregoing, existing ordinances of the City now in place or from time to time enacted shall not be amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in a resolution or other agreement of the City properly adopted by the City Council at a properly called meeting and which Resolution specifically makes reference to the ordinance provisions so waived. 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Master Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Master Developer is aggrieved by any City official interpreting the terms of this Agreement, including the DO and the SCD Comprehensive Plan, the Master Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda for further review and consideration at a properly called meeting of the City Council and the determination concerning the matter in dispute shall be final subject only to the right of the Master Developer to judicial review as provided by general law. 12. PERFORMANCE GUARANTEES During the term of this Agreement the Subject Property shall be developed in compliance with the terms of this Agreement, the DO and the Restoration SCD Comprehensive Plan together with such applicable regulations and rules of the City not inconsistent with, or contrary to, the same. 13. BINDING EFFECT The provisions of this Agreement, including any and all amendments to the same shall bind and inure to the benefit of the Master Developer, its successors-in-interest and assigns and any person, firm, corporation, or entity who may become the successor-in-interest to the Master Developer. This Agreement shall run with the land. 4. RECORDING Upon execution by all parties, the City shall record this Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Master Developer. 15. PERIODIC REVIEW The City shall review the progress of development subject to this Agreement every 12- months, commencing 12-months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to materially comply with the terms of this Agreement, then this Agreement may be revoked or modified by the City. Any such revocation or modification shall only occur after the City has notified the Master Developer in writing of Master Developer's failure to materially comply with the terms of this Agreement and the Master Developer fails to cure such breach within a reasonable time. No modification or termination of this Agreement will be accomplished unless and until the Master Developer has had an opportunity to be heard in a properly called meeting of the City Council for the purpose of reviewing the alleged material breach and failure to cure. 16. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, will require City Council approval at a properly called meeting. Amendments to the DO and the Restoration SCD Comprehensive Plan shall be undertaken in accordance with applicable Florida law. 19. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Master Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 23. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Bonnie Wenzel Michael Thomas City Clerk Mayor Robin L. Matusick Paralegal Witnessed by: David L. Guy G.S. Florida,LLP Applicant on behalf of Hammock Creek Green, LLC Signed,sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me on this day of 2012, by ,and who is personally known to me or has produced as identification and who did(did not)take an oath. Notary Public Stamp/Seal EXHIBIT "A" Legal Description CITY OF EDGEWATER PORTION OF THE RESTORATION PROJECT CONTAINING 5187.045 ACRES (BASED ON SURVEY PREPARED BY DANIEL W.CORY,PSM DATED-REVISED DECEMBER 7,2007) DESCRIPTION: A portion of the South 1/2 of the Southeast 1/4 of Section 32, Township 17 South, Range 33 East; the South 1/2 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 East; the Southeast 1/4 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 5, 6 and 7, Section 1, Township 18 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township 18 South, Range 33 East; U.S. Lots 1 and 6, Section 3, Township 18 South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County, Florida, being described as follows: Commence at the Southwest corner of said Section 2; thence North 89°14'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02°53'33" West, a distance of 1524.17 feet to a point of curvature; thence 8560.65 feet along the arc of a curve to the left, said curve having a radius of 13,883.28 feet, a central angle of 35°19'46" and a chord of 8425.67 feet which bears North 20°33'27" West to a point of reverse curvature; thence 1391.17 feet along the arc of a curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 4°56'44" and a chord of 1390.74 feet which bears North 35°44'57" West to the North line of said South 1/2 of the Southeast 1/4 of Section 32; thence North 88°48'27" East along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non-tangent to the last described curve, a distance of 276.32 feet; thence 1224.25 feet along the arc of a curve to the left being non-tangent with the last described line, said curve having a radius of 15,883.28 feet, a central angle of 4°24'58" and chord of 1223.95 feet which bears South 36°00'50" East to a point of reverse curvature; thence 2384.62 feet along the arc of a curve to the right, said curve having a radius of 14,116.72 feet, a central angle of 9°40'43" and a chord of 2381.79 feet which bears South 33°22'58" East; thence North 61°54'23" East, along a line non-tangent and non-radial to said curve, a distance of 177.80 feet to a point of curvature; thence 7098.59 feet along the arc of a curve to the right, said curve having a radius of 6860.86 feet, a central angle of 59°16'52" and chord of 6786.17 feet which bears South 88°27'11" East to a point of reverse curvature; thence 1627.27 feet along the arc of a curve to the left, said curve having a radius of 2829.14 feet, a central angle of 32°57'20" and a chord of 1604.93 feet which bears South 75°17'25" East; thence 480.12 feet along the arc of a curve to the right being non-tangent with the last described curve, said curve having a radius of 3666.72 feet, a central angle of 7°30'08" and a chord of 479.77 feet which bears North l0°23'50" West to a point of compound curvature; thence 2782.07 feet along the arc of a curve to the right, said curve having a radius of 28,116.72 feet, a central angle of 5°40'09" and a chord of 2780.94 feet which bears North 03°48'41" West to a point of reverse curvature; thence 3173.57 feet along the arc of a curve to the left, said curve having a radius of 10,383.28 feet, a central angle of 17°30'43" and a chord of 3161.24 feet which bears North 09°43'58" West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence North 88°35'24" East along said North line of the South 1/2 of the Northeast 1/4 of Section 34 and along a line non-tangent to the last described curve, a distance of 243.96 feet; thence 3173.28 feet along the arc of a curve to the right being non-tangent with the last described line, said curve having a radius of 10,616.72 feet, a central angle of 17°07'31" and a chord of 3161.48 feet which bears South 09°32'22" East to a point of reverse curvature; thence 2758.98 feet along the arc of a curve to the left, said curve having a radius of 27,883.28 feet, a central angle of 5°40'09" and a chord of 2757.85 feet which bears South 03°48'41" East to a point of compound curvature; thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of 3433.28 feet, a central angle of 42°02'52" and a chord of 2463.43 feet which bears South 27°40'11" East to a point of reverse curvature; thence 2417.59 feet along the arc of a curve to the right, said curve having a radius of 5116.72 feet, a central angel of 27°04'18" and a chord of 2395.16 feet which bears South 35°0929" East to a point of reverse curvature; thence 2457.30 feet along the arc of a curve to the left, said curve having a radius of 5883.28 feet, a central angle of 23°55'52" and a chord of 2439.48 feet which bears South 33°35'16" East to a point of tangency; thence South 45°33'12" East, a distance of 530.97 feet to a point of curvature; thence 874.22 feet along the arc of a curve to the right, said curve having a radius of 1366.72 feet, a central angle of 36°38'57" and a chord of 859.39 feet which bears South 27°13'43" East; thence South 89°44'48" East, along a line non-tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 77°55'29" West, along said Westerly right of way, a distance of 168.81 feet; thence South 89°41'55" West, along said Westerly right of way, a distance of 332.81 feet; thence South 00°18'05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 89°44'48" West, along said South line of Section 6, a distance of 2945.21 feet; thence 838.48 feet along the arc of a curve to the left being non-tangent with the last described line, said curve having a radius of 1133.28 feet, a central angle of 42°2329" and a chord of 819.49 feet which bears North 24°21'27" West to a point of tangency; thence North 45°33'12" West, a distance of 530.97 feet; thence 2554.81 feet along the arc of a curve to the right, said curve having a radius of 6116.72 feet, a central angle of 23°55'52" and a chord of 2536.28 feet which bears North 33°35'16" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve to the left, said curve having a radius of 4883.28 feet, a central angle of 27°04'18" and a chord of 2285.89 feet which bears North 35°09'29" West to a point of reverse curvature; thence 1982.61 feet along the arc of a curve to the right, said curve having a radius of 3666.72 feet, a central angle of 30°58'48" and a chord of 1958.54 feet which bears North 33°12'13" West, thence 1810.62 feet along the arc of a curve to the right being non-tangent with the last described curve, said curve having a radius of 3050.86 feet, a central angle of 34°00'14" and a chord of 1784.17 feet which bears North 75°48'52" West to a point of reverse curvature; thence 6869.19 feet along the arc of a curve to the left, said curve having a radius of 6639.14 feet, a central angle of 59°16'52" and a chord of 6566.87 feet which bears North 88°2T11" West to a point of tangency; thence South 61°54'23" West, a distance of 177.80 feet; thence 6098.25 feet along the arc of a curve to the right being non-tangent with the last described line, said curve having a radius of 14,116.72 feet, a central angle of 24°45'04", a chord of 6050.94 feet which bears South 15°16'05" East to a point of tangency; thence South 02°53'33" East, a distance of 1532.89 feet to said South line of Section 2; thence South 89°14'48" West, a distance of 233.60 feet to the POINT OF BEGINNING. AND: The South 1/2 of the Southwest 1/4 and the South 1/2 of the Southeast 1/4, Section 32, Township 17 South, Range 33 East, the South 1/2 of the Southwest 1/4, the Southwest 1/4 of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4, the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast 1/4 of the Northeast 1/4, of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 33, Township 17 South, Range 33 East, the South 1/2 of the Northwest 1/4, the South 1/2 of the Northeast 1/4, the Southwest 1/4 and the Southeast 1/4, Section 34, Township 17 South, Range 33 East; that portion of the South 1/2 of Northwest 1/4 and the Southwest 1/4, lying Southwesterly of Interstate 95, Section 35, Township 17 South, Range 33 East; a portion of Section 6, Township 18 South, Range 34 East, lying Southwesterly of Interstate 95; all of Section 1 and 2, Township 18 South, Range 33 East; and Section 3, Township 18 South, Range 33 East, excepting therefrom five (5) acres in government Lot 14, described as follows: Beginning at the Southeast corner of said Section 3; thence West on the South line of said Section 660 feet; thence 330 feet; thence East 660 feet to the East line of said Section 3; thence South on the Section line 330 feet to the place of beginning; all being more particularly described as follows: for a POINT OF BEGINNING, Commence at the Southwest corner of said Section 3, thence North 00°23'50" West, along the West line of said Section 3, a distance of 9268.62 feet to the South line of said Section 32; thence South 88°53'05" West along said South line of Section 32, a distance of 1121.77 feet to the Southwest corner of said Section 32; thence North 01°45'25" West, a distance of 1317.75 feet to the Northwest corner of said South 1/2 of the Southwest 1/4 of Section 32; thence North 88°48'27" East, a distance of 5316.15 feet to the Northwest Corner of said South 1/2 of the Southwest 1/4 of Section 33; thence North 88°44'47" East, a distance of 3973.41 feet to the Northwest corner of said Southeast 1/4 of the Southeast 1/4 of Section 33; thence North 01°45'54" West, a distance of 663.33 feet to the Northwest corner of said Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88°44'01" East, a distance of 661.32 feet to the Northwest corner of said Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 01°50'38" West, a distance of 1990.46 feet to the Northwest corner of said Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33; thence North 88°41'43" East, a distance of 658.58 feet to the Northwest corner of said South 1/2 of the Northwest 1/4 of Section 34; thence North 88°35'24" East, a distance of 5293.36 feet to the Northwest corner of said South 1/2 of the Northwest 1/4 of Section 35; thence North 88°07'06" East, along the North line of said South 1/2 of the Northwest 1/4 of Section 35, a distance of 884.36 feet to the Westerly right of way of Interstate 95; thence Southeasterly along said Westerly right of way the following four (4) courses: South 29°53'36" East, a distance of 452.54 feet; thence South 29°52'56" East, a distance of 1053.25 feet; thence South 29°53'27" East, a distance of 1127.04 feet; thence South 29°53'23" East, a distance of 1141.37 feet to the East line of the Southwest 1/4 of Section 35, Township 17 South, Range 33 East; thence South 02°12'17" East, along said East line of the Southwest 1/4, a distance of 700.28 feet to the Southwest corner of the Southeast 1/4 of said Section 35; thence North 88°44'36" East, along the South line of said Southeast 1/4 a distance of 370.66 feet to said Westerly right of way of Interstate 95; thence Southeasterly along said Westerly right of way the following four (4) courses: South 29°52'54" East, a distance of 1270.66 feet; thence South 29°53'55" East, a distance of 1005.54 feet; thence South 29°52'17" East, a distance of 825.17 feet; thence 939.01 feet along the arc of a curve to the right being non-tangent to the last described line, said curve having a radius of 8419.42 feet, a central angle of 6°2325" and a chord of 938.53 feet which bears South 26°41'16" East; thence South 00°15'12" West, leaving said right of way of Interstate 95 and along a line non-tangent to said curve, a distance of 5905.65 feet to the South line of Section 6, Township 18 South, Range 34 East; thence North 89°44'48" West, along said South line of Section 6, a distance 3825.35 feet to the Southeast corner of said Section 1; thence South 89°1923" West, along the South line of said Section 1, a distance of 5288.04 feet to the Southeast corner of said Section 2; thence South 89°14'48" West, along the South line of said Section 2, a distance of 5299.92 feet to the Southeast corner of said Section 3; thence North 00°20'15" West, along the East line of said Section 3, a distance of 330.00 feet; thence South 89°01'09" West, a distance of 660.00 feet; thence South 00°20'15" East, a distance of 330.00 feet to the South line of Section 3; thence South 89°01'09" West, along the South line of Section 3, a distance of 4619.20 feet to the POINT OF BEGINNING. LESS AND EXCEPT: A portion of the South 1/2 of the Southeast 1/4 of Section 32, Township 17 South, Range 33 East; the South 1/2 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 East; the Southeast 1/4 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 5, 6 and 7, Section 1, Township 18 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township 18 South, Range 33 East; U.S. Lots 1 and 6, Section 3, Township 18 South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County, Florida, being described as follows: Commence at the Southwest corner of said Section 2; thence North 89°14'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02°53'33" West, a distance of 1524.17 feet to a point of curvature; thence 8560.65 feet along the arc of a curve to the left, said curve having a radius of 13,883.28 feet, a central angle of 35°19'46" and a chord of 8425.67 feet which bears North 20°33'27" West to a point of reverse curvature; thence 1391.17 feet along the arc of a curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 4°56'44" and a chord of 1390.74 feet which bears North 35°44'57" West to the North line of said South 1/2 of the Southeast 1/4 of Section 32; thence North 88°48'27" East along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non- tangent to the last described curve, a distance of 276.32 feet; thence 1224.25 feet along the arc of a curve to the left being non-tangent with the last described line, said curve having a radius of 15,883.28 feet, a central angle of 4°24'58" and chord of 1223.95 feet which bears South 36°00'50" East to a point of reverse curvature; thence 2384.62 feet along the arc of a curve to the right, said curve having a radius of 14,116.72 feet, a central angle of 9°40'43" and a chord of 2381.79 feet which bears South 33°22'58" East; thence North 61°5423" East, along a line non- tangent and non-radial to said curve, a distance of 177.80 feet to a point of curvature; thence 7098.59 feet along the arc of a curve to the right, said curve having a radius of 6860.86 feet, a central angle of 59°16'52" and chord of 6786.17 feet which bears South 88°27'11" East to a point of reverse curvature; thence 1627.27 feet along the arc of a curve to the left, said curve having a radius of 2829.14 feet, a central angle of 32°57'20" and a chord of 1604.93 feet which bears South 75°17'25" East; thence 480.12 feet along the arc of a curve to the right being non-tangent with the last described curve, said curve having a radius of 3666.72 feet, a central angle of 7°30'08" and a chord of 479.77 feet which bears North 10°23'50" West to a point of compound curvature; thence 2782.07 feet along the arc of a curve to the right, said curve having a radius of 28,116.72 feet, a central angle of 5°40'09" and a chord of 2780.94 feet which bears North 03°48'41" West to a point of reverse curvature; thence 3173.57 feet along the arc of a curve to the left, said curve having a radius of 10,383.28 feet, a central angle of 17°30'43" and a chord of 3161.24 feet which bears North 09°43'58" West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence North 88°35'24" East along said North line of the South 1/2 of the Northeast 1/4 of Section 34 and along a line non-tangent to the last described curve, a distance of 243.96 feet; thence 3173.28 feet along the arc of a curve to the right being non- tangent with the last described line, said curve having a radius of 10,616.72 feet, a central angle of 17°07'31" and a chord of 3161.48 feet which bears South 09°32'22" East to a point of reverse curvature; thence 2758.98 feet along the arc of a curve to the left, said curve having a radius of 27,883.28 feet, a central angle of 5°40'09" and a chord of 2757.85 feet which bears South 03°48'41" East to a point of compound curvature; thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of 3433.28 feet, a central angle of 42°02'52" and a chord of 2463.43 feet which bears South 27°40'11" East to a point of reverse curvature; thence 2417.59 feet along the arc of a curve to the right, said curve having a radius of 5116.72 feet, a central angel of 27°04'18" and a chord of 2395.16 feet which bears South 35°09'29" East to a point of reverse curvature; thence 2457.30 feet along the arc of a curve to the left, said curve having a radius of 5883.28 feet, a central angle of 23°55'52" and a chord of 2439.48 feet which bears South 33°35'16" East to a point of tangency; thence South 45°33'12" East, a distance of 530.97 feet to a point of curvature; thence 874.22 feet along the arc of a curve to the right, said curve having a radius of 1366.72 feet, a central angle of 36°38'57" and a chord of 859.39 feet which bears South 27°13'43" East; thence South 89°44'48" East, along a line non-tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 77°55'29" West, along said Westerly right of way, a distance of 168.81 feet; thence South 89°41'55" West, along said Westerly right of way, a distance of 332.81 feet; thence South 00°18'05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 89°44'48" West, along said South line of Section 6, a distance of 2945.21 feet; thence 838.48 feet along the arc of a curve to the left being non-tangent with the last described line, said curve having a radius of 1133.28 feet, a central angle of 42°23'29" and a chord of 819.49 feet which bears North 24°21'27" West to a point of tangency; thence North 45°33'12" West, a distance of 530.97 feet; thence 2554.81 feet along the arc of a curve to the right, said curve having a radius of 6116.72 feet, a central angle of 23°55'52" and a chord of 2536.28 feet which bears North 33°35'16" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve to the left, said curve having a radius of 4883.28 feet, a central angle of 27°04'18" and a chord of 2285.89 feet which bears North 35°09'29" West to a point of reverse curvature; thence 1982.61 feet along the arc of a curve to the right, said curve having a radius of 3666.72 feet, a central angle of 30°58'48" and a chord of 1958.54 feet which bears North 33°12'13" West, thence 1810.62 feet along the arc of a curve to the right being non-tangent with the last described curve, said curve having a radius of 3050.86 feet, a central angle of 34°00'14" and a chord of 1784.17 feet which bears North 75°48'52" West to a point of reverse curvature; thence 6869.19 feet along the arc of a curve to the left, said curve having a radius of 6639.14 feet, a central angle of 59°16'52" and a chord of 6566.87 feet which bears North 88°27'11" West to a point of tangency; thence South 61°54'23" West, a distance of 177.80 feet; thence 6098.25 feet along the arc of a curve to the right being non-tangent with the last described line, said curve having a radius of 14,116.72 feet, a central angle of 24°45'04", a chord of 6050.94 feet which bears South 15°16'05" East to a point of tangency; thence South 02°53'33" East, a distance of 1532.89 feet to said South line of Section 2; thence South 89°14'48" West, a distance of 233.60 feet to the POINT OF BEGINNING. a a il `a . U Oa in _1 i \ -,/tfr • s E �,. <; ;Ir\ � • i.-r T. ` �' °'Inc: ♦ I__ r1IIIc1 r■ I1I1:1 � I t:� aim ■■� t $."s� } EXHIBIT "B' Restoration SCD/PUD Design Guidebook t� - a ?_.. rE F, dh AO $ :'''';:::"I':•:- } Y sue.„ ,� ' "y am x_ ...°....,; , .'. } ''' _ . :- 141;4'S TW..` , .. ,.. . _ .. . ...„....., „..„,, ,.,,,, ,.. ..,_ _ . ,, . w - v i ,,_.., 4, 4, - ... -"' ''''' '0 ' 41::::;)i' , . I -,,---., ',..„.1 , ..,,- SCD / PUD ...,..- • ,„.. .. ,. „:,..., t,isighh‘t,„.‘„ --- "Iii ', 1. :Ail ''''''' '''' CITY OF EDGEWATER � rr. :.0 ,., ' ''. ,: i40.:,..,;,-,, 7 ::',11- :',,,,111,13 if...11- 16 SEPTEMBER 12, 2012 RESTORATION Sustainable Community Development Planned Unit Development This document incorporates text,formatting,concepts and images from the SmartCode version 9.2(Copyright 2009 Center for Applied Transect Studies) SC2 ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC RESTORATION TABLE OF CONTENTS Sustainable Community Development Planned Unit Development TABLE OF CONTENTS A. INTRODUCTION 1. Background Exhibit 1. SCD Conservation/Development Areas 2. Purpose& Intent 3. Standing B. MASTER DEVELOPMENT PLAN 1. Principles of the Plan 2. Uses and Restrictions Exhibit 2. Master Development Plan (and Development Subareas) Exhibit 3. Land Use Designations Table 1. Land Use Designation Descriptions C. REGULATING BOOK/DESIGN GUIDELINES 1. Dimensional Requirements Table 2a-h. Form-Based Code Graphics 2. Landscape Requirements Table 3. Civic Space Exhibit 4. Optional Design for Parking Lot Landscaping 3. Vehicle/Pedestrian Circulation Requirements Exhibit 5a-d. Circular Intersection Exhibit 6. Close/Cul-de-Sac Exhibit 7a-c. Mews,Court Housing, and Pocket Neighborhoods Exhibit 8. Roadway Classifications Exhibit 9a-r. Roadway Sections Exhibit 10a-b.Alleys Exhibit 11. Woonerf Exhibit 12.Angled Parking On Street 4. Parking and Loading Requirements Table 4. Minimum Parking Requirements Exhibit 12: Parking Lot Design Standards Table 5. Bicycle Parking Requirements Table 6. Bicycle Parking Types 5. Signage Standards Table 7. Signs 6. Lighting Standards D. DEFINITIONS 1. Definition of Terms 2. Definition of Terms-Signage 3. Definition of Terms-Landscape Table 8. Definitions Illustrated Table 9. Building Disposition Table 10. Private Frontages Table 11. Building Configuration APPENDICES I Transect Descriptions II. Planting Palette ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC3 Al INTRODUCTION RESTORATION Sustainable Community Development Planned Unit Development All BACKGROUND This Sustainable Community Development Planned Unit Development (SCD/PUD) is zoning for the Restoration development project consistent with the City's Comprehensive Plan's Future Land Use approval as a Sustainable Community 1 Development (SCD) District which was approved by the City on February 10th, 2010. The Application for Development Approval (ADA) was filed on September 8th,2006 and subsequently amended per comments from the City, the East Central Florida Regional Planning Council and the Florida Department of Community Affairs. Restoration is a Development of Regional Impact with a controlling Development Order(DO)which was finalized on February 23,2010. The DO requires that Restoration file for a Planned Unit Development (PUD) rezoning. Restoration is conceived as a new small town and will be designated as a new mixed use zone within the boundary of the City. Restoration will be designed using the principles of Smart Growth and the New Urbanism. It will consist of several mixed use neighborhoods and centers. The project will incorporate an electric streetcar, walkable street design with low motor vehicle speeds, and bicycle accommodations designed to provide residents and employees many safe transportation options. Restoration is a 5,186± acre site within the boundaries of the City of Edgewater. The property is bounded by 1-95 to the east, Indian River Boulevard to the south and the Spruce Creek to the west. The plan sets aside approximately 74%of the site as preserved open space with a program to restore the original natural habitat and function. To accommodate animal migration patterns and natural water flows, the restored habitat will be linked to the regional open space network. Provision will be made for uninterrupted wildlife movement through the preserved portion of the site. As a balanced new community,Restoration will have a full complement of on-site housing, education, recreation, employment opportunities, services and shopping to meet the needs of its residents,and those living in its neighboring communities. Restoration will also have a significant positive economic benefit to the City. r 4' 't x Conservation SCD-Conservation/Restorationo t rt SCD--Comma ity Developmen (Build Envelope) EXHIBIT 1. SCD CONSERVATION/DEVELOPMENT AREAS SC4 ALL RIGHTS RESERVED t©2012 CANIN ASSOCIATES, INC RESTORATION INTRODUCTION Sustainable Community Development Planned Unit Development A21 PURPOSE AND INTENT The Sustainable Community Development Planned Unit Development(SCD/PUD)District is intended to provide a flexible approach to encourage mixed-use, innovative land use techniques, creative urban design, environmental protections and the judicious use of sustainable development practices and principles for large scale developments, upon lands within the Sustainable Community Development Future Land Use Category.Notwithstanding the specific criteria identified herein and in the Comprehensive Plan, SCD/PUD's should accomplish the following purposes,to the greatest extent possible: 1. Development shall be designed to preserve environmentally important areas, open space and agricultural lands as an interconnected network that forms the community's"green infrastructure". 2. Development shall be based on traditional neighborhood/New Urbanist prin- ciples including compact, walkable mixed use neighborhoods, promoting an integrated variety of housing types suitable for a broad range of family sizes and incomes. 3. Development shall be designed to use land and infrastructure efficiently. 4. Development shall be sustainable through the use of innovative design and water and energy resources conservation techniques. 5. Development shall be economically sustainable through a mix of land uses, including commercial,office, recreational, civic and residential uses. 6. Provide for other limitations,restrictions and requirements as deemed necessary by the City to ensure compatibility with adjacent neighborhoods and effectively reduce potential adverse impacts. A31 STANDING Where there is a conflict between this SCD/PUD and the land development code, the SCD/PUD shall control and take precedence. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC5 BI MASTER DEVELOPMENT PLAN RESTORATION Sustainable Community Development Planned Unit Development BI MASTER DEVELOPMENT PLAN Bli PRINCIPLES OF THE PLAN 1. Promote Authenticity i. The value and character of the built environment depends on the design of individual buildings as they relate to both the natural environment and the context of the specific spaces within Restoration. An authentic town is composed of neighborhoods,villages and districts that are varied and diverse,with architecture that is often inspired by great vernacular precedents. 2. Restore Community i. Restoration will be designed to maximize neighborly interaction. With a compact, walkable development pattern,lots of neighborhood parks and various mixed-use spaces,at Restoration, it will be hard not to know your neighbor. 3. Define the Urban Form i. The urban form of each neighborhood must be scaled to match the desired pedestrian and placemaking atmosphere.Specific lot and building requirements,as well as architectural design specifications,will be determined for each development type to ensure that the urban form is consistent and appropriate. 4. Create Distinct Places i. A mix of uses, appropriately designed blocks and street cross sections, and a variety of civic and open spaces,will help to create distinctive places.Placemaking requires the development of attractive places for people to gather,meet each other and celebrate holidays and community events together. 5. Ensure Pedestrian Walkability i. Restoration recognizes that the street equally serves the pedestrian and the vehicle,with the comfort and safety of the pedestrian taking precedence at conflict points. Therefore,each street must be individually designed to meet the needs of its users and its community. 6. Provide Convenient Access to Trails i. A hierarchy of trails, each with its own character and experience, will provide people convenient access to natural habitats with the opportunity for recreation, exercise,transportation, learning, relaxing, and communion with nature. 7. Provide Ample Public Amenities i. Public amenities,such as parks,plazas,clubhouses,trails and lake shore walks, allow residents to gather for meaningful interaction. A variety of open spaces will be located close to both employment centers and homes to encourage walking, physical activity and time spent outdoors. 8. Use a Variety of Architecture i. To create a street experience that is both interesting and appealing,architectural design must be appropriate to the urban form while also containing a variety of styles and details. 8. The Transect i. Communities should provide meaningful choices in living arrangements as manifested by distinct physical environments. ii. The Transect Zone descriptions on Appendix I describes general character of each of these environments. SC6 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION MASTER DEVELOPMENT PLAN IB Sustainable Community Development Planned Unit Development B2I USES AND RESTRICTIONS All land use designations shall permit a vertical and horizontal mix of uses.All uses are subject to design, form and size limitations specified in the Regulating Book/ Design Guidelines (Chapter C). As a form-based code the intent of the SCD/PUD is to de-emphasize the regulation of the use of properties but instead to regulate the form of development on those properties to ensure harmonious relationships and compatibility across a broad range of mixed uses. Residential ("SCD-R") is intended to create a neighborhood fabric primarily consisting of residential uses with supporting uses including characteristics of T3,T4 and T5(as defined in the SmartCode v9.2, See Appendix I). •Size:Approximately 598 Acres(+or-) • Residential Units:4,043 Maximum;2,000 Minimum SCD-R contains three designations to ensure orderly development of mixed uses and compatible adjacencies. The lines demarcating Land Use Designations are finalized at the time of Development Plan within the parameters described: RA(Neighborhood General)is predominately residential homes of one to two stories. Permitted uses included single family and attached dwellings both for rent or for ownership; appropriate civic, institutional and recreational uses, accessory dwelling units associated with single-family residential units,sales/information centers,conservation/mitigation stormwater, Bed &Breakfasts, Community Homes, schools and home occupations. RA may be applied anywhere within SCD-R and will constitute the majority of SCD-R. RA is primarily characteristic of transects T3 and T4. RB (Neighborhood Center) permits limited commercial use and small apartments to serve and supplement neighborhood residential fabric. Permits all the uses permitted in RA. In addition the following residential support uses are permitted: retail, office, restaurants and mixed-use buildings not exceeding 3 stories in height. Small apartments are typically less than 14 units and small commercial buildings are typically less than 10,000 square feet. RB may be applied in the following locations within SCD-R:facing or across the street from a neighborhood park or as a transition to another Land Use District. RB is primarily characteristic of transects T4 and T5. As some Nonresidential Uses are permitted in RB and are generally adjacent to primarily residential neighborhoods the following uses are prohibited in RB: • Uses that produce excessive noise, traffic, dust, odors or vibrations. Activities that cause a nuisance shall not be permitted in residential areas. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC7 BI MASTER DEVELOPMENT PLAN RESTORATION Sustainable Community Development Planned Unit De •No electrical,electromagnetic or mechanical equipment that causes any interference or excessive noise to adjacent dwelling units shall be installed or operated. RC (Neighborhood Core) permits apartment buildings up to six stories adjacent to Williamson Boulevard with a mix of neighborhood serving commercial uses. RC may be applied in the following locations within SCD-R: between Road A or Road B and Williamson Boulevard. Permits all the uses permitted in RB. The RB designation is intended to allow larger multi-family residential buildings and complexes that are not permitted in RA and RB. Where RC is adjacent to RA, heights shall not exceed 3 stories within 60 feet of the right of way including facing Road A and Road B. RC is primarily characteristic of transect T4 and T5. Mixed-Use Town Center("MUTC")is intended to create the commercial and mixed use core of Restoration. As the MUTC will include mixed use buildings the build out shall be governed by the control total of units and square footage rather than on a lot density basis.The Mixed Use Town center shall not exceed 36 units per acre residential density as calculated by the total units within the MUTC District divided by the total acreage of the MUTC. •Size:Approximately 88 Acres(+or-) •Residential Units: 1000 Maximum,450 Minimum •Maximum Non-residential Intensity: 1,200,000 SF •Minimum Non-residential Intensity:550,000 SF MUTC contains three designations to ensure orderly development of mixed uses and compatible adjacencies.The lines demarcating designations A and B are finalized at the time of the Development Plan. MA (Main Street) is intended to provide a small-scale "Main Street" experience including a mix of retail, office, and housing predominately two stories with a maximum of three stories. MA shall be applicable within the MUTC district to the east of Road B and one block to the west of Road B(see Exhibit 3). Permitted uses include single-family housing, multi-family housing,hospitality and lodging,commercial,retail,restaurant and service, office uses and civic, government, institutional, and recreational uses. MB(Downtown)is the primary town center serving the entire project and will include vertically mixed use buildings and horizontally mixed use projects up to eight stories. MB shall be applicable to the portion of the MUTC district east of Williamson Boulevard and west of MA. Permitted uses include multi-family housing, hospitality and lodging, entertainment, commercial retail, restaurant and service, office uses and civic,government, institutional,and recreational uses. SC8 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION MASTER DEVELOPMENT PLAN IB Sustainable Community Development Planned Unit Development MC (Regional Shopping) provides a location for regional retail "big box" types of buildings that are not compatible with other areas of the project. MC shall be applicable to the portions of the MUTC district west of Williamson Boulevard. MC permits all the uses allowed in MB. In addition MC permits "Big Box" retail development, defined as retail establishments in which one or more of the stand-alone facilities are equal to or larger than 75,000 square feet. Work Place("WP").The Work Place district is designed to be a primary employment center for the Restoration SCD/PUD.The density of the WP district shall be governed by the control total of units and square footage rather than on a lot density basis.The WP shall not exceed 36 units per acre residential density as calculated by the total units within the areas designated as WP divided by the total acreage of the WP. •Size:Approximately 79 Acres(+or-) •Maximum Residential Density:36 du/acre • Minimum Residential Density: 15 du/acre • Maximum Nonresidential Intensity: 1,003,547 SF • Minimum Non-residential Intensity: 500,000 SF Permitted Uses within the Work Place include office, institutional, light industrial, civic, lodging, multi-family residential, and convenience commercial uses serving the needs of businesses and workers employed within the Work Place. Transit-Ready Corridor ("TC") is designed to accommodate residential densities and commercial intensities in a mixture of uses that shall support public transit. Permitted uses within the TC include commercial,retail,restaurant,office,entertainment,institutional,civic, residential and lodging. The density of the TC district shall be governed by the control total of units and square footage rather than on a lot density basis. The TC shall not exceed 36 units per acre residential density as calculated by the total units within the areas designated as TC divided by the total acreage of the TC. •Size:Approximately 85 Acres(+or-) • Residential Units: Maximum 3,457; Minimum 2,000. • Maximum Residential Density: 36 du/acre •Minimum Residential Density: 15 du/acre • Maximum Non-residential Intensity: 1,305,000 SF. •Minimum Non-residential Intensity:200,000 SF Conservation and Restoration ("Nt") areas are divided into "Conservation" and "SCD- Conservation/Restoration.Activities and structures allowed in these areas are governed by the Site Mitigation and Management Plan. For the purposes of the SCD/PUD conservation and restoration areas shall be referred to as the Nt or Natural designation. Utility Site:A utility site is reserved for utility infrastructure and will also allow room for a solid waste transfer facility, a water storage tank and a wastewater expansion facility ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC9 BI MASTER DEVELOPMENT PLAN RESTORATION Sustainable Community Development Plan Unit Development aaaa_ aaac4D.;.: °°°a°:°'°a°°"= DISTRICTS 6woaaaaCaasaaaoa aaOPaa 0a8a a04�s ■ .? '*�`+ aaaa6aaaaaaaDaaao, -OOaa°Qa@4aaaaaa-boa. .a°aaaaaagaaoaa aaaa, Mixed Use Town Center(MUTC) .aaae84eeaaanu.oeiaau- - - •oes°°aaaQaaa•-ao • ' 3aaaaaaallGaa•a Transit-Ready Corridor(TRC) .ea°aaea°gaa- 1/4\‘ : Work Place (WP) ,: SCD-Residential (SCD-R) :School /9'Multi-Way Boulevard/Transit Utility Site 10 AC. Ik': , ilp■ 9 r 10 AC. 1 �— Q 0' 1320' :mom 5 MIN.WALK _.. XN, s ,. s 0 3 �� Z FP vil\g\k0 .1—' MIL ri 011110* DEVELOPMENT SUBAREAS 2 1 { j 14 . rL---ft..! _ , 111111 alp 11 ll i 1111):': ; /11111,14porir 1 �� �'utility ,! c' 'r--=-- a Site I i,__;.J:li 5"s"• Indian River Blvd t EXHIBIT 2. SCD/PUD MASTER DEVELOPMENT PLAN 4 SC10 ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC RESTORATION MASTER DEVELOPMENT PLAN 1B2 Sustainable Community Development Planned Unit Development DESIGNATIONS �vaab3ooa MB Downtown ncaa000a, .ooaoa0000t,00 , gbaabaaaaaag04pao.o '.: °.aaaaaaaaa°a°°°a MC Regional Shopping .coa000abaabacoj - •aaooa®aaoaaa4i oaaaaoaoaaaaC ri oaa000aoaaaaa MA Main Street Aoaoaosaoaa°0 -4,,-. „ 11 .000 000040000, bi-. M—. °°°°^ ' R. TC Transit Ready Corridor Qao l.L'j WP Work Place ti R(/RA) Neighborhood General * \ RC Neighborhood Core _ RB Neighborhood Center \) ... School r l' Boulevard Nt: All areas of the SCD/PUD outside of Nt � the Build Envelope are designated as Nt - Natural T0• '� d 3 `' A It!` 0 ri in, , r. 4 Ili ___:.. . . , lk. t . ( 1 11111 tar' I , 4111P .... • ,, . Site )\ A\ : citti4 , , / _. ..' ryn t_--_ Indian River Blvd :\A' - EXHIBIT 3. LAND USE DESIGNATIONS ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC11 BI MASTER DEVELOPMENT PLAN RESTORATION Sustainable Community Development Planned Unit Development Other notes: • Site dimensional requirements are described in the Regulating Book/Design Guidelines(Chapter C). • Uses may transition over time.A given building built for one use may transition to any other use allowable within that Land Use Designation without the requirement for rezoning. • Where residential uses are located above commercial,retail,office or institutional uses and located in the MUTC, the WP or the TRC land use districts, such uses shall be considered as mixed use and treated as"commercial"development under the Land Development Regulations of the City. • Permitted uses or businesses requiring business tax receipts may operate from within a non-traditional structure, such as an open air structure, provided it meets the requirements of this code and is permitted by the city. • All permitted uses within a district are permitted to be combined into a mixed use building or horizontal mixed use project subject to the design, form and size limitations described in the Regulating Book/Design Guidelines. • Commercial outdoor display of merchandise or sidewalk dining may be permitted as an accessory use within the required front, side or rear yard areas or on the sidewalk, providing that such outdoor display shall not be located in the RA designation and shall leave at least a 5 foot zone of unobstructed sidewalk for pedestrian travel (see Exhibit 9R). • No high intensity lights(such as for sports fields)shall be permitted on a private lot within 25 feet of an adjacent residential property. Development Plans: Because Restoration is a large, multi-year development project and in order to ensure a connected network of transportation and amenities, a framework plan shall be required for each Development Subarea(see Exhibit 2).The plan shall be reviewed parallel to the City's Preliminary Site Plan (PSP) process. The following requirements apply to a Development Plan(DP)for a subarea. • A DP should be prepared for the entire Development Subarea before a given parcel within that Development Subarea is permitted. • The DP will designate the specific boundaries of all Land Use Designations within it. • The DP will provide a conceptual design of the vehicular,pedestrian and bicycle transportation networks,open space network,utilities,water retention and drainage facilities,amenities, and the anticipated land uses within its boundaries. • The DP will include a conceptual development program. • The DP should provide tract boundaries • The Subarea DP is not required to provide a lotting plan. • The DP may, but is not required to, go into additional detail on any portion of the Subarea. Accessory Buildings: • Accessory Dwelling Units may be rented or otherwise used as a dwelling unit. These units shall operate off a single meter in the main residence and shall not be subject to additional impact fees.Accessory dwelling units may be associated with a townhouse, live/work or duplex, subject to the limitation that the total number of SC12 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC RESTORATION MASTER DEVELOPMENT PLAN IB Sustainable Community Development Planned Unit Development Accessory Dwelling Units shall not exceed 20%of the total number of Single Family Dwelling Units. • Accessory buildings are typically located on a rear alley when an alley is present. Alcoholic Beverages • Per state law, no alcoholic beverage establishments, i.e., establishments engaged in the sale of alcoholic beverages for on-premises consumption,shall be located within 500-feet of an established school with the following exception: a.Any location licensed as a restaurant,which derives at least 51-percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes. • Whenever a vendor of alcoholic beverages has procured a license certificate permitting the sale of alcoholic beverages and, thereafter, a school shall be established within five hundred (500) feet of the vendor of alcoholic beverages, the establishment of such school shall not be cause for the discontinuance or classification as a nonconforming use of the business as a vendor of alcoholic beverages. • Alcoholic beverage establishments are not subject to distance requirements from other uses provided they are consistent with the requirements of this code. Special Use Requirements HOME OCCUPATIONS Home Occupations are permitted in all districts subject to the requirements of this code.Non-residential uses contained within Live-Work or Mixed-Use buildings are not classified as Home Occupations The Home Business Tax Receipt is designed to allow for office type uses within a residence.No home business tax receipt shall be issued unless the City determines the proposed home occupation (business) is compatible with the criteria shown below: • The use must be conducted by a member,or members,of the immediate family residing on the premises and be conducted entirely within the living area of the dwelling unit. • No manufacturing, repairing, storing, or other uses that are restricted to commercial and industrial districts are allowed. • No chemicals/equipment, supplies or material, except that which is normally used for household domestic purposes,shall be used or stored on site. • Noise,dust,odors or vibrations emanating from the premises shall not exceed that which is normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be permitted in residential areas. • No electrical, electromagnetic or mechanical equipment that causes any interference or excessive noise to adjacent dwelling units shall be installed or operated. • No products,services,or signage may be displayed in a manner that is visible from the exterior of the dwelling unit, except signage required by state law. • No commercial vehicle or trailer with a greater than one-ton capacity shall be parked on any property whose primary use is residential. No more than one commercial vehicle with less than or equal to a one-ton rated capacity shall be ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC13 BI MASTER DEVELOPMENT PLAN RESTORATION Sustainable Community Development Planned Unit Development permitted to park on any property whose primary use is residential. • No delivery of commercial products for the use of the business tax receipt shall be allowed.Normal/routine UPS,FedEx,or over-night mail shall not be considered commercial deliveries. • All home occupations shall be required to obtain a home business tax receipt pursuant to the requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation. • Carports or similar open structures easily visible from public streets or civic spaces shall not be used for storage of material or manufacturing concerning the home occupation(other than storage of an automobile). • Any home business tax receipt that generates more than 10 vehicle trips per day shall require a City fire inspection.Excessive traffic shall not be permitted other than traffic routine to the land use designation where the home is located. • An applicant may appeal the denial of an application to the City Council pursuant to the requirements of the SCD/PUD. • No home business tax receipt shall be issued for any property until such time that any Code Compliance issues are resolved. KENNELS • Veterinary clinics are not to be considered,or have similar distance restrictions placed on them as, kennel uses,as long as the kennel-type area that services the veterinary clinic is kept indoors. • Commercial pet grooming and boarding uses that confine the animals indoors overnight are not subject to the rules set forth in Section 21-34.06d of the Land Development Code. • No building or other structure nor any dog run associated with a Kennel shall be located within 150 feet(150')of any single family residential use. BED AND BREAKFAST • The parking requirement for bed and breakfast uses shall be the same as that for Lodging. • Bed and breakfasts may count convenient adjacent on-street parking spaces towards their parking requirements. • Landscape design requirements for bed and breakfast uses are to be the same as those of the Land Designation in which the bed and breakfast is located. NURSING HOMES • Nursing home uses can be located on any thoroughfare type. • A nursing home does not require any additional buffering or landscaping than that required for the Land Designation in which it is located. RESIDENTIAL PROFESSIONAL OFFICES • Residential professional office uses are a permitted use in all land use designations except RA. • Dimensional requirements for residential professional office uses are regulated by the stated regulations for the Land Use Designation in which they are located. • Signage for residential professional office uses is to be regulated according to the signage regulations described in this SCD/PUD except that residential professional SC14 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION MASTER DEVELOPMENT PLAN IB Sustainable Community Development Planned Unit Development signage may not be internally lit even where otherwise allowed. Special Activities: • Permitted special activities may be conducted year-round within the SCD/PUD without a specific limit on the number of events per location. • Outdoor entertainment and/or amplified sound in conjunction with an outdoor activity within 300 feet of area with an RA designation is permitted only between 10:00am and 10:00pm. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC15 BI TABLE 1. LAND USE DESIGNATION DESCRIPTIONS RESTORATION Sustainable Community Development Planned Unit Development TABLE 1:Land Use Designation Descriptions.This table provides descriptions of the character of each Designation.. ® NT NATURAL Nt Natural Designation consists of General Character: Natural landscape lands approximating or reverting to Building Placement: Recreational support structures and management sheds - a wilderness condition, including Frontage Types: Not applicable lands unsuitable for settlement due to Typical Building Height: Not applicable topography, hydrology or vegetation. Type of Civic Space: Recreation Trails. Limited structures to support recreational and restoration activities may be permitted consistent with Site Mitigation and Management Plan. RAR A RA NEIGHBORHOOD GENERAL RA Neighborhood General Designation General Character: Lawns,and landscaped yards surrounding detached single-family consists oflow density residentialareas. houses with duplexes and townhomes; Home occupations and outbuildings are Building Placement: Large and variable front and side yard Setbacks allowed.Blocks may be large and the Frontage Types: Yards,Fences,Terraces,Stoops,and Forecourts roads irregular. Typical Building Height: 1-to 2-Story Type of Civic Space: Parks,Greens,Greenways,and Pocket Parks RB RB NEIGHBORHOOD CENTER RB Neighborhood Center Designation permits small scale mixed use urban General Character: Mix of Houses, Townhouses & small Apartment buildings, with fabric. It has a wide range of building Commercial activity;predominantly attached buildings;trees within iti iii types: houses, live/work, small mixed the public right-of-way;substantial pedestrian activity MB SW use, apartment or office buildings. Building Placement: Shallow front and side yard Setbacks Setbacks are variable.All buildings are Frontage Types: Shopfronts, Stoops, Fences, Terraces, Forecourts, Galleries, • served by an alley and typically have on Arcades Mita street parking. Typical Building Height: 2-to 3-Story Type of Civic Space: Squares,Greens,and Pocket Parks Illiii-E: RC RC NEIGHBORHOOD CORE RC Neighborhood Core Designation General Character: Mix of Houses,Townhouses&IargerApartmentbuildings,with scattered consists of a higher density mixed use Commercial activity;balance between landscape and buildings. but primarily residential urban fabric.It Building Placement: Medium front Setbacks with generous landscaping may have a wide range of building types: Frontage Types: Stoops, Fences, Terraces, Forecourts, Shopfronts, Galleries, single,attached,and larger apartment Arcades buildings. Setbacks are variable and Typical Building Height: 2-to 4-Story with buildings 1 to 6 stories permitted landscaping is generous on residential Type of Civic Space: Squares,Greens Parks,and Pocket Parks side streets. , ®• ; TC TRANSIT CORRIDOR TCTransitCorridorDesignationconsists General Character: Shops mixed with Townhouses,larger Apartment houses,Offices, of higher density mixedusebuildingsthat workplace,and Civic buildings;predominantly attached buildings; accommodate retail,offices,townhouses trees within the public right-of-way;substantial pedestrian activity and apartments. It has a tight network Building Placement: Shallow Setbacks or none;buildings oriented to street defining a IN • 40 of streets,with wide sidewalks,steady street wall street tree planting and buildings set Frontage Types: Stoops, Fences, Terraces, Forecourts, Shopfronts, Galleries, close to the sidewalks. Arcades - Typical Building Height: 3-to 5-Story with some variation Type of Civic Space: Parks,Plazas,Squares,and Pocket Parks Me L WP WP WORK PLACE WP Work Place Designation consists General Character. Medium to high-Density Office as well as Mixed Use and Residential primarily of office and light manufacturing buildings.Trees within the public right-of-way. uses with some Apartment houses and Building Placement: Deep setbacks permitted;buildings oriented to street scattered retail. Office buildings are Frontage Types: Stoops,Dooryards,Forecourts,Shopfronts,Galleries,and Arcades pulled closest to their primary frontage Typical Building Height: 4-plus Story with a few shorter buildings 1 while side and rear setbacks allow for Type of Civic Space: Parks,Plazas,Greens,Squares,and Pocket Parks • "' 7, • e.4 needed parking. Ample vegetation is li-,t l, permitted for respite and relaxation. SC16 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 1. (CONT.) LAND USE DESIGNATION DESCRIPTIONS IB Sustainable Community Development Planned Unit Development TABLE 1:Land Use Designation Descriptions.This table provides descriptions of the character of each Designation. MA MA MAIN STREET MA Main Street Designation consists of General Character: Shops mixed with Townhouses,Apartment houses,Offices,workplace, lower density mixed use buildings that and Civic buildings;attached and detached buildings;trees within accommodate retail,offices,townhouses the public right-of-way;substantial pedestrian activity and apartments. It has a tight network Building Placement: Shallow Setbacks or none;buildings oriented to street defining a of streets,with wide sidewalks,steady street wall.Parking to one side of buildings is permitted. street tree planting and buildings set Frontage Types: Stoops,Fences,Terraces,Forecourts,Shopfronts,Galleries,Arcades close to the sidewalks. Typical Building Height: 1-to 3-Story Type of Civic Space: Squares and Pocket Parks MB MB DOWNTOWN MB Downtown Designation consists General Character: Medium to high-Density Mixed Use buildings,entertainment,Civic of the highest density and height,with and cultural uses.Attached buildings forming a continuous street the greatest variety of uses,and civic wall; trees within the public right-of-way; highest pedestrian and buildings of regional importance.It may transit activity have larger blocks;streets have steady Building Placement: Shallow Setbacks or none;buildings oriented to street,defining a street tree planting and buildings are set street wall close to wide sidewalks. Frontage Types: Stoops, Forecourts,Shopfronts,Galleries,and Arcades Typical Building Height: 4-plus Story with a few shorter buildings Type of Civic Space: Plazas,Squares,and Pocket Parks ® MC REGIONAL SHOPPING MC Regional Shopping Designation creates an opportunity for the Big Box General Character: Big Box retail typology as well as higher density Apartments,Offices retail typology and also allows more and Townhomes. intense retail, residential and office Building Placement: Buildings close to at least one sidewalk when feasible. typologies. Frontage Types: Stoops,Terraces,Forecourts,Shopfronts,Galleries,and Arcades Typical Building Height: 1-to 2-Story,up to 6 stories Type of Civic Space: Squares,Greens,and Pocket Parks ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC17 RESTORATION Sustainable Community Development Planned Unit Development SC18 ALL RIGHTS RESERVED*C)2012 CANIN ASSOCIATES, INC RESTORATION REGULATING BOOK I DESIGN GUIDELINES IC Sustainable Community Development Planned Unit Development CI REGULATING BOOK / DESIGN GUIDELINES C1I DIMENSIONAL REQUIREMENTS See tables 2A through 2H for dimensional requirements. Civic Buildings Civic Buildings shall have the following exemptions to the dimensional requirements: • Civic buildings are not subject to limits on Private Frontages,Building Disposition, or minimum frontage buildout. • Civic buildings may exceed maximum setback requirements by up to 20 feet. • Civic buildings may have floor to ceiling heights that exceed 25 feet so long as the overall height increase does not exceed that otherwise allowable by more than 50%. • Extra setbacks may not be used for motor vehicle parking except if such parking is only used intermittently and is designed as a plaza. Building Heights Maximum building heights are given in stories. The roof pitch and the height of the roof above the highest habitable story shall be consistent with the style of architecture of the building and in no case should exceed twice the height of a habitable story. Any structure that cannot be measured in stories requires design review and the height must be approved by the City.Signage is subject to the Signage Standards described within this SCD/PUD. Non-Traditional Structures: Permitted Non-Traditional Structures shall meet all dimensional requirements of this code except minimum frontage build-out. Changes of Use • The requirement of a minimum 11 foot first floor ceiling height for commercial buildings is not intended to prevent the conversion of an existing building to a commercial use. • Lower parking requirements than those required for new construction may be permitted by the City for the conversion of an existing building to a different use if providing additional parking is deemed a hardship based on the existing conditions and the parking needs can be otherwise accommodated or additional parking is determined by the City to not be necessary. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC19 CI TABLE 2k FORM-BASED CODE GRAPHICS - RA RESTORATION Sustainable Community Development Planned Unit Development NEIGHBORHOOD GENERAL RA BUILDING CONFIGURATION 1.Building height shall be mea- sured in number of Stories, r R�� excluding Attics and raised 0 0 A 111- basements. O Tn101101 2.Stories may not exceed 14 feet 00 �s'I� . in height from finished floor to i, ,. �, .- �. Oo� 0 y10 00 finished ceiling,exceptforafrst Max.heght ►ION 0 7� ip 1\► i�o�. 10TH floor Civic function which must 2 ---- Max.height be a minimum of 11 ft with a fi__ 2 i. •0i O 0 0 0 ao11aia, 'F• maximum of 25 feet. 00 4p 101101 II 1 CO I ���IMO 3.Height shall be measured to the 11 Aw Oh �f • _o ° 11144.1 eave or roof deck as specified (see Table 1) on Table 11. I.BUILDING FUNCTION Residential I Detached,Attached Lodging I Bed&Breakfast Office Not Permitted SETBACKS-PRINCIPAL BLDG 1.The Facades and Elevations 411 Retail 1 Not Permitted of Principal Buildings shall be distanced from the Lot lines --------- (g.2)--------, k.BUILDING CONFIGURATION(see Table 11) as shown. j 1 Principal Building I 2 stories max. 2. Facades shall be built along j • the Principal Frontage within j j Corner Lot Outbuilding 1 2 stories max. the maximum setback to the ! (g.1) • ■ (g.4) 4 Condition f.LOT OCCUPATION minimum specified width in j j the table. j js�' t-.— Lot Width 118 ft.min j j Building Lot Coverage 170%max of (g.1) 1 ■ (g.4) it I j Mid-Block i.BUILDING DISPOSITION(see Table 9) i i Condition • Edgeyard I permitted (s'3) j J V Sideyard I permitted Rearyard I permitted Courtyard I not permitted LOT FRONTAGE: 1.Lots may front on a common g.SETBACKS-PRINCIPAL BUILDING(see Table 8f) open space such as a mew or ---;=;=;—==i y. • I TF'-r (g.1)Front Setback Principal 110 ft.min.,30 ft.max.* on a Housing Court.Such lots °, -4 - mustalsobeservedbyanalley ..—...E..... (g.2)FrontSetbackSe 5 ft.min. or easement. '' �� it (g.3)Side Setback 13 ft.min.0 ft min.sideyard** 2.Up to six lots may be accessed �li��(, tiQ �w� by a commonly held ease- (' � 'n 1 (g.4)Rear Setback 13 ft min. went drive that is un-gated '� 1�.�u-, WWII j . _ Frontage Buildout 40%min at setback and designed to permit fire r*� • 1^ 'i�_J r access. �! ( '� rL L h.SETBACKS-OUTBUILDING(see Table8 c) 3.Up to 12 lots may front on a 1 i �QQ 100 1L_-ra• -:--.' I( common open space without ' _ (h.3)Rear Setback 3 ft.min. access to an alley as part of s j.PRIVATE FRONTAGES(see Table 10) a Pocket Neighborhood with a Housin g Court Mew Homes Ti t" Nn common fire access plan(see Common Lawn permitted Exhibit 7C). (see Exhibit 7B) (see Exhibit 7A) Low Fence permitted Terrace or L.C. permitted PARKING PLACEMENT Forecourt permitted 1. Uncovered parking spaces may be provided within the Stoop permitted second and third Layer as �._,_._,_. _ Secondary Frontage Shopfront&Awning not permitted shown in the diagram(see j j Gallery not permitted Table 17d). j i 2. Covered parking shall be ;,j j Arcade not permitted provided within the third Layer of• I as shown in thediagram(see =j j PARKING PROVISIONS Table 17d).Side-orrear-entry I I garages may be allowed in the aj i See Tables 4,5&6. second Layer. j j 3.Porte-cochere parking spaces j I j *Elements such as stoops,and stairs may encroach are permitted in the second j I j upon the front setback.See diagram. and third Layer. I i 1 **6 ft min.separation between detached dwellings; L. ._.—.—.L.—.—.—.L._.—._.—.—.—.—.—._._.J Sideyard homes may have a 0 ft.setback on one side • •• B4 1st 2nd 3rd and 6 ft.min.setback on the opposite side. Layer Layer Layer 8ft SC20 ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 2B. FORM-BASED CODE GRAPHICS - RB IC Sustainable Community Development Planned Unit Development NEIGHBORHOOD CENTER RB BUILDING CONFIGURATION 1. Building height shall be .t measured in number of a It, —` _c,'zr T i i, Stories,excluding Attics and % �N m raised basements. '� .N o��h� � 4.1101 = "i ;i,r rig... , • ,II)i!1, 2.Storiesmaynotexceed14feet ' SO • lit:IV— Max.height w�}��,�•�!OIIOj •��• !It tel! n height from finished floor to 3 Ale �4" m;;, finished ceiling,except for a /�'N Ih �_— — is ai_— firstfoorCommercialfunction t Ae■ oioi wi? y 4UUen, •e• 2 --__ Max height ®����+ + which must be a minimum _ 2! @Au 4D ,i4- 2 !01101 II I a!( of 11 ft with a maximum fj= 40b Om au ai, of 25 ft. II 1 ■�U!p►40!M. w la is 3. Height shall be measured II 1 (see Table 1) to the eave or roof deck as specified on Table 11. I.BUILDING FUNCTION Residential I permitted Lodging I permitted Office I permitted SETBACKS-PRINCIPAL BLDG 1.The Facades and Elevations Retail I permitted of Principal Buildings shall be `I y distanced from the Lot lines _ _________ ♦._._._._ _._._. k.BUILDING CONFIGURATION(see Table 11) as shown. 1 (9.2) —'T' 2.Facades shall be built along I • ! Principal Building 13 stories max 9 ICoiner Lot the Principal Frontage to the Outbuilding 12 stories max. minimum specified width in PI (9.1) 19 41► Ii condition f.LOT OCCUPATION the table. Lot Width 118 ft min 180 ft max I j Mid-Block ►1 (g•1) 4 (g.4)tr. 0 condo, Building Lot Coverage 180%max ! (g.3) I i.BUILDING DISPOSITION(see Table 9) L._._. A J Edgeyard I permitted Sideyard I permitted Rearyard I permitted Courtyard Ipermitted SERVICE 1.All lots must be served by g.SETBACKS-PRINCIPAL BUILDING(see Table 8f) an alley. 1 Front Setback Pdnd I 0 ft.min.18 ft.max. 2.Trash service and containers Secondary Frontage (g• ) Pa ----r'---'r--------- - should be located on the (g.2)Front Setback Secondaryl 3 ft.min.18 ft.max mar alley. � I e O'easeme i (g.3)Side Setback 10 ft min.' 8,i I (g.4)Rear Setback 13 ft.min. g I I T Frontage Buildout 160%min at setback —) N °I Q h.SETBACKS-OUTBUILDING(see Table 8c) a I I L I I ts U) (h.3)Rear Setback 13 ft.min. I I j.PRIVATE FRONTAGES(see Table 10) I , I Common Lawn not permitted `----'L'--- --------- - � Low Fence permitted Terrace or L.C. permitted PARKING PLACEMENT 1. Uncovered parking spaces Forecourt permitted may be provided within the Stoop permitted third Layer as shown in the ____ Secondary Frontage diagram. I .I ._._._.�.I _._._._._._._._._._.� Shopfront&Awning permitted 2. Covered parking shall be I permitted provided within the third Layer as shown in the diagram. .. Arcade permitted 3. Trash containers shall be 2 i• stored within the third Layer. §-!I PARKING PROVISIONS al See Tables 4,5&6 I I '6 ft min.separation between detached dwellings I I I ■ ■ ■ 1st 2nd rH 3rd Layer Layer Layer 8 f ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC21 CI TABLE 2C. FORM-BASED CODE GRAPHICS - RC RESTORATION Sustainable Community Development Planned Unit Development NEIGHBORHOOD CORE RC BUILDING CONFIGURATION 1. Building height shall be measured in number of 1.99 1 I, 111 0 I Stories,excluding Attics and 1 r II m. raised basements. Max.height �• • ',1I :t ti N 01101 ill t: 2.Storiesmaynotexceed14feet 10'OI i lain in height from finished floorto ,. 11 11�U a finished ceiling,except for a 3 ,' �� 10��1'_ gr ri firstfloorCommercialfunction 2 ---- Max height which must be a minimum -� +—It ,;,,— -- (((��� of 11 ft with a maximum 1�— Z 1 li�il 'Ia r.;! of 25 ft. u 1 II IOI�r��� � ";r+l' m 3. Height shall be measured �� (see Table 1) to the eave or roof deck as specified on Table 11. I.BUILDING FUNCTION Residential I permitted Lodging I permitted BUILDING HEIGHT Office I permitted TRANSITION Retail I permitted 1. Buildings shall not exceed 3 stories in height within 60 feet 1 r k.BUILDING CONFIGURATION(see Table 11) of the right of way line of Road so feet I. 6 Principal Building 16 stories max.(Diagram 2) A or Road B. 1. Buildings shall not exceed 3 "—. Outbuilding 12 stories max. stories in height within 60 feet ,' ' 5 f.LOT OCCUPATION of areas with the designation ." �� RA or of the right of way line Max.he,/ ■ 4 height Lot Width 118 ft min 650 ft max of roads adjacent to areas Building Lot Coverage 180%max designated RA. m 3 3 i.BUILDING DISPOSITION(see Table 9) Q 2 2 Edgeyard 1 permitted Cv3 II 1 1 Sideyard Ipermitted Rearyard I permitted Courtyard I permitted ENCROACHMENT 1. Elements such as stoops and i property line g.SETBACKS-PRINCIPAL BUILDING(see Table 8f) stairs may encroach upon the (g.1)Front Setback Principal 110 ft.min.24 ft.max.* front setback up to 12 ft. (g.2)Front Setback Seopndaryl3 ft.min.24 ft.max.* (g.3)Side Setback 112 ft.min. 24 ft.max. (g.4)Rear Setback 13 ft.min. r Frontage Buildout 180%min at setback h.SETBACKS-OUTBUILDING(see Table 8c) =II (h.3)Rear Setback 13 ft.min. j.PRIVATE FRONTAGES(see Table 10) Common Lawn not permitted setback line Low Fence permitted Terrace or L.C. permitted PARKING PLACEMENT Forecourt permitted 1. Uncovered parking spaces may be provided within the Stoop permitted third Layer as shown in the • • • • 1 Shopfront&Awning permitted diagram. Secondary Frontage 2. Covered parking shall be r Gallery permitted p g • i 1 Arcade permitted provided within the third Layer i as shown in the diagram. ■ i 3. Trash containers shall be d 1 PARKING PROVISIONS i stored within the third Layer. •LL See Tables 4,5&6 1• a■ l *Elements such as stoops and stairs may encroach a upon the front setback.See diagram. ■ L. . "N"stands for any Stories above those shown,up to • t• ►• i• the maximum.Refer to metrics for exact minimums ayt Layer Layer and maximums 14 ft SC22 ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 2D. FORM-BASED CODE GRAPHICS - TC IC Sustainable Community Development Planned Unit Development TRANSIT CORRIDOR TC BUILDING CONFIGURATION 1.Building height shall be mea- Max. i r II, lip/ sured in number of Stories, height 6 l,° excluding Attics and raised ......m... 19r __D r911___m_- op ' basements. 5 nr uc m 5 2.Stories may not exceed 14 feet ,I0 i9 ra! 7 @r = in height from finished floor to m rl 'I' = finished ceiling, except for a 4 — ii'411— lit first floor Commercial Function -,:'? ==.,--0-:-,-...-:-__ which must be a minimumofll 3 •_•JJ, A44-9 Al 1 Z J — - l9°°i9c _ ft with a maximum a sure ft. y°11rD = 3.Height shall bemeasuredtothe 2 ""'_ = eave or roof deck as specified in_r (see Tablet) on Table 11. 11 1 II I.BUILDING FUNCTION — Residential I multi-family Lodging I permitted Office [permitted Retail permitted SETBACKS-PRINCIPAL BLDG 1.The Facades and Elevations k.BUILDING CONFIGURATION(see Table 11) of Principal Buildings shall be • • • • 1 al Building distanced from the Lot lines Princi p g 16 stories max. • as shown. Outbuilding 1 N/A 2. Facades shall be built along , j corner Lot f.LOT OCCUPATION the Principal Frontage to the minimum specified width in . ►� 4(9.1) (94)► 4 coed ion Lot Width 118 ft.min 650 ft.max the table. i ;,• —— oe Building Lot Coverage 180%max ■ I I Mid-Block i.BUILDING DISPOSITION(see Table 9) • Ill (g•1) (g.4)■ condition Edgeyard I not permitted (g-3) e L. V Sideyard I permitted A Rearyard I permitted Courtyard I permitted g.SETBACKS-PRINCIPAL BUILDING(see Table 8f) - (g.1)Front Setback Principal 10 ft.min.12 ft.max. ENCROACHMENT (g.2)FrontSetbadcSecondaryl0 ft.min.12 ft.max. 1. Galleries and Arcades may 10 ft.min. encroach upon the public (g.3)Side Setback 10 ft.min.30 ft.max. sidewalk.The outside column of (g.4)Rear Setback 10 ft.min. an arcadeshouldbewithin2to3 o feet of the edge of the sidewalk. Frontage Buildout 180/min.at setback Sufficient distance should be oo h.SETBACKS-OUTBUILDING(see Table 8c) allowed so that car doors will • not contact the columns. i Rear Setback I N/A j.PRIVATE FRONTAGES(see Table 10) Common Lawn not permitted Low Fence permitted 2-3 feet*I. Terrace or L.C. permitted Forecourt permitted -<— Stoop permitted Shopfront&Awning permitted PARKING PLACEMENT Gallery permitted 1.Uncovered parking spaces may be provided within third Layeras . • • • 1 Arcade permitted shown in the diagram. Secondary Frontage 2.Covered parking shall be pro- vided F•�---—,•—————————————._. within the third Layer as • I I PARKING PROVISIONS shown in the diagram. I Corner Lot See Tables 4,5&6 3.Trash containers shall be stored •�' I Condition within the third Layer. 9s l •a 1 — 6 Mid-Block• •a Condition .1 1 s , 2nd °4 3rd ► Layer Layer Layer 14 ft. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC23 CI TABLE 2E. FORM-BASED CODE GRAPHICS - MA RESTORATION Sustainable Community Development Planned Unit Development MAIN STREET MA BUILDING CONFIGURATION 1.Building height shall be mea- sured in number Stories, rQ9 i 2 IL excluding Attics Attics ann d raised .. �� • �'t I,! • basements. �' .N !1I • t=, • 2.Stories may not exceed14feet ,r .. ti i' i in heightfromfinishedfloorto, finished ceiling,except for a Max.neght firstfloorCommercialfunction which must be a minimum Max ne9m t +g_°' °°-®®" '"'--"= �(■■ of 11 ft with a maximum 2 2 ■l01'IOP i rti� ■ II in of 25 ft. fi libeMM� •..__'1tr r, • 3. Height shall be measured II 1 1 (see Table 1) to the eave or roof deck as J )1 specified on Table 11. I.BUILDING FUNCTION Residential I permitted Lodging I permitted SETBACKS-PRINCIPAL BLDG Office i permitted 1.The Facades and Elevations Retail permitted of Principal Buildings shall be distanced from the Lot lines • III • • k.BUILDING CONFIGURATION(see Table 11) as shown. • Principal Building �3stories.max 2.Facades shall be built along r._._._'---— (g.2) the Principal Frontage to the • j • j Outbuilding 12 stories max. minimum specified width in j j Corner Lot f.LOT OCCUPATION the table. • h •41) (g.4)► 41 Condition • 1 l Lot Width 118 ft min 300 ft max ■ 1 . Building Lot Coverage 180%max I I Mid-Block • •I •(g•1) (g'4)► I• Condition i.BUILDING DISPOSITION(see Table 9) I (g.3) Edgeyard (permitted ■ L. . Sideyard I permitted Rearyard I permitted Courtyard (permitted PARKING PLACEMENT g.SETBACKS-PRINCIPAL BUILDING(see Table 8f) 1. Uncovered parking spaces may be provided within the • Secondary Frontage •_ (g.1)Front Setback Princpal loft.min.18 ft.max. third Layer as shown in the , _r (g.2)Front Setbari Seca daryI0 ft.min.18 ft.max. diagram(see Table 17d). ■ I i1 2. Covered parking shall be (g.3)Side Setback 10 ft.min.30 ft.max. • 1 provided within the third Layer �j (g.4)Rear Setback 3 ft.min. as shown in the diagram(see ■,j Frontage Buildout 180%min at setback Table 17d). t,I h.SETBACKS-OUTBUILDING(see Table 8c) 3. Trash containers shall be • ! ! stored within the third Layer (h.3)Rear Setback 13 ft.max. • L - •►• ►4 ■ I.PRIVATE FRONTAGES(see Table 10) Layer Layer Layer Common Lawn not permitted B ft Low Fence permitted Terrace or L.C. permitted . Forecourt permitted Stoop permitted Shopfront&Awning permitted Gallery permitted Arcade permitted PARKING PROVISIONS See Tables 4,5&6 1 4 SC24 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC i RESTORATION TABLE 2F. FORM-BASED CODE GRAPHICS - MB IC Sustainaoie Community Development Planned Unit Development DOWNTOWN MB!'" BUILDING CONFIGURATION 1.Building height shall be mea- Max t r ' sured in number of Stories, height P' excluding Attics and raised N lit ll r;tr_:_-, basements. ill 4111' is 2.Stories may not exceed 14 feet 5 fr�ti! = n height from finished floor to ;r i;; _ finished ceiling, except for a 4 first floor Commercial Function en,1 re e-e e °- _-- - which must be a minimum of 11 3 _lr •LLY 9_4.4• 'j° c,'_.•J --- - i;r ry _ _ ft with a maximum of 25 ft. "''�—f -_- E 3.Height shall be measured to the 2 ir cr = E eave or roof deck as specified 1r==- (see Table 1) on Table 11. il 1 II I.BUILDING FUNCTION i Residential I multi-family Lodging I permitted Office I permitted Retail permitted SETBACKS-PRINCIPAL BLDG 1.The Facades and Elevations k.BUILDING CONFIGURATION(see Table 11) of Principal Buildings shall be ■ ■ • • 1 Principal Building 18 stories max distanced from the Lot lines • as shown. ._._._._._._._._._._._._._._._._._._._. Ig•2) Outbuilding I N/A 2. Facades shall be built along • j Corner Lot f.LOT OCCUPATION the Principal Frontage to the minimum specified width in ■ ►� r(g.1) (g.4)■ 4 condition Lot Width 118 ft.min 700 ft.max the table. i ;•.• Building Lot Coverage 190%max • 1 - Mid-Block i.BUILDING DISPOSITION(see Table 9) • ►I •(g.1) (g.4)► 4 Condition Edgeyard 1 not permitted I (g.3)• Sideyard 1 not permitted Rearyard 1 permitted Courtyard [permitted g.SETBACKS-PRINCIPAL BUILDING(see Table 8f) (g.1)Front Setback Principal 10 ft.min.20 ft.max.* ENCROACHMENT (g.2)FrontSetbad<Seoaxiaryl0 ft.min.20 ft.max.* 1. Galleries and Arcades may encroach upon the public it.mi. (g.3)Side Setback 10 ft.min.30 ft.max.* sidewalk.The outside column of (g.4)Rear Setback 1O ft.min. an arcade should be within2to3 feet of the edge of the sidewalk. Frontage Buildout 180%min.at setback Sufficient distance should be h.SETBACKS.OUTBUILDING(see Table 8c) allowed so that car doors will not contact the columns Rear Setback 1 N/A I j.PRIVATE FRONTAGES(see Table 10) Common Lawn not permitted Low Fence not permitted Terrace or L.C. not permitted 2-3 feet i Forecourt permitted Stoop permitted Shopfront&Awning permitted PARKING PLACEMENT Gallery permitted 1.Uncovered parking spaces may be provided within the third ■ ■ • • 1 Arcade permitted Layer as shown in the diagram econdary Frontage 4 (see Table 17d). 2. Covered parking shall be ■ j I, PARKING PROVISIONS provided within the third Layer j I Corner Lot See Tables 4,5&6 as shown in the diagram(see • 'ii Condition Table 17d). ES*The setback may exceed the maximums forthe purpose 3.Trash containers shall be stored ._ LL� 1 — of including a privately owned public space designed as within the third Layer. ■IT a plaza or pocket park. .I Mid-Block • I Condition "N"stands for any Stories above those shown,up to j the maximum.Refer to metrics for exact minimums - and maximums .4--►. 2nd .� 3rd o. Layer Layer Layer 14 ft. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC25 CI TABLE 2G. FORM-BASED CODE GRAPHICS - MC RESTORATION Sustainable Community Development Planned Unit Development REGIONAL SHOPPING ® BUILDING CONFIGURATION 1.B height sh be mea- sured uilding in number all of Stories, x cd . 3 k excluding Attics and raised Max.,i t IOl�frr NI i;,0. basements. height N • t, ri 2.Storiesmaynotexceed14feet 10'Oi i ,8 iii C. NS in height from finished floor to 5 1111 .I� .,,; finished ceiling,except for a 10110!' !iil t!_. firstfloorCommercialfunction -.-t Torte, -i.ai, .vm.-s :—° 4 which must be a minimum —11k Atialfl rr 4,, of 11 ft with a maximum 10110t iit t::! of 25 ft. 3 V t.NMI '4r+i' I 3. Height shall be measured 2 (see Table 1) to the eave or roof deck as n____ specified on Table 11. 1 II 1 I.BUILDING FUNCTION II r Residential 1 multi-family Lodging I permitted SETBACKS-PRINCIPAL BLDG Office 1 permitted 1.The Facades and Elevations Retail 1 permitted of Principal Buildings shall be distanced from the Lot lines • • • • k.BUILDING CONFIGURATION(see Table 11) as shown. y Principal Building 16 stories max. 2. Facades shall be built along . the Principal Frontage to the • I • I Outbuilding 1N/A minimum specified width in I I Comer Lot f.LOT OCCUPATION the table. a h •(g.1) (g'4)► I Condition I- Lot Width 118 ft min I Building Lot Coverage 180%max I I Mid-Block h •(g.1) (g.4)► r Condition i.BUILDING DISPOSITION(see Table 9) I (g.3) I Edgeyard 1 not permitted • L A Sideyard 1 permitted Rearyard I permitted Courtyard 1 permitted RIGHT OF WAY EASEMENTS 1.At the Development Plan level g.SETBACKS-PRINCIPAL BUILDING(see Table 80 right of way easements shall (g.1)Front Setback Principal 1 0 ft.min. be preserved to ensure the potential for future streets (g.2)Front Setback Secondaryl 12 ft.min. not less than 700 feet apart (g.3)Side Setback 112 ft.min. which shall connect to existing or planned access points. (g.4)Rear Setback 13 ft.min. Such easements should be Frontage Buildout 1 N/A incorporated as parking lot lanes or other accessways h.SETBACKS-OUTBUILDING(see Table 8c) thataccommodatebicyclesand pedestrians. (h.3)Rear Setback IN/A j.PRIVATE FRONTAGES(see Table 10) Common Lawn not permitted Low Fence not permitted Terrace or L.C. permitted SERVICE PLACEMENT Forecourt permitted 1. Trash containers shall be Stoop permitted stored within the third Layer. • • • • 1 Shopfront&Awning permitted Secondary Frontage Gallery permitted • 1 ? Arcade permitted • I r1 PARKING PROVISIONS •e 1 See Tables 4,5&6 I •'o I "N"stands for any Stories above those shown,up to I a I the maximum.Refer to metrics for exact minimums • L. j and maximums 4 1.4 .1 ■ 1st 2nd 3rd Layer Layer Layer 14ft SC26 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 2H. FORM-BASED CODE GRAPHICS - WP IC Sustainable Community Development Planned Unit Development WORK PLACE WP BUILDING CONFIGURATION 1.Building height shall be mea- sured in number of Stories, il r excluding Attics and raised Max. t p ilr iii ' basements. height N iii•ii 0 2.Stories may not exceed 14 feet n ri! = n height from finished floor to 5 lip(pi _ finished ceiling, except for a litr Ilk.= first floor Commercial Function 4 which must be a minimum of 11 •9D lY_9_4_4 is,1 O.J .- or r)1j _ _ ft with a maximum of 25 ft. 3 !1u*5 =_ = 3.Height shall be measured to the . lB is 0__ _L = eave or roof deck as specified 2 (see Table 1) on Table 11. 1r- I.BUILDING FUNCTION II 1 Residential I multi-family ,_ii...___ Lodging I permitted Office I permitted Retail I permitted SETBACKS-PRINCIPAL BLDG 1.The Facades and Elevations Light Manufacturing I permitted of Principal Buildings shall be distanced from the Lot lines k.BUILDING CONFIGURATION(see Table 11) • as shown. r' —— —.———._._._._._._._._._._._._. Principal Building (g'Z) p g 12 stories max. 2. Facades shall be built along ■ j Corner Lot the Principal Frontage to the Outbuilding I N/A I Condition minimum specified width in ■ ►j •(g.1) (g.4)► ■ f.LOT OCCUPATION the table. j ;-' Lot Width 118 ft.min 700 ft.max ■ j i Mid-Block Building Lot Coverage 180%max ■ ►i 4(g.1) (g.4)► y Condition i.BUILDING DISPOSITION(see Table 9) I (g.3) ■ L. . •• Edgeyard I not permitted Sideyard I permitted Rearyard I permitted Courtyard I permitted g.SETBACKS-PRINCIPAL BUILDING(see Table 8f) PARKING PLACEMENT (g.1)Front Setback Principal 110 ft.min.30 ft.max.* 1.Uncovered parking spaces may be provided within the second • 1 (g.2)FrontSetback Secondary'10 ft.min.. or third Layer as shown in the Secondary Frontage (g.3)Side Setback 115 ft.min. diagram. 2. Covered parking shall be • I (g.4)Rear Setback 115 ft.min. provided within the third Layer j I Corner Lot Frontage Buildout N/A as shown in the diagram. • R• I Condition 3.Trash containers shall be stored .g:j I h.SETBACKS-OUTBUILDING(see Table 8c) within the third Layer. ■ ---- I —.— 4.No Parking shall be permitted j Mid-Block Rear Setback I N/A between the building and the ■a j Condition j.PRIVATE FRONTAGES(see Table 10) right of way on the principal j frontage. ■ • Common Lawn not permitted Low Fence not permitted ~, Loner •, 3rd ► Layer Layer Layer 14 ft Terrace or L.C. not permitted Forecourt permitted Stoop permitted Shopfront&Awning permitted Gallery permitted Arcade permitted PARKING PROVISIONS See Tables 4,5&6 *The setback may exceed 30 feet for the purpose of including a porte-cochere. The porte-cochere for a Lodging establishment may be designed as a plaza and include limited unmarked parking for valet use. "N"stands for any Stories above those shown,up to the maximum.Refer to metrics for exact minimums and maximums ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC27 RESTORATION Sustainable Community Development Planned Unit Development SC28 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION LANDSCAPE REQUIREMENTS IC Sustainable Community Development Planned Unit Development C21 LANDSCAPE REQUIREMENTS Intent Atransect-based Landscape Plan provides many aesthetic,ecological,functional and health/safety benefits.The standards of this section promote public health, safety and welfare by establishing minimum standards for the design, construction and maintenance of landscape improvements for Public Frontages and Private Frontages, lots, buildings, Civic Spaces,Thoroughfares and Special Requirements. • Aesthetics/Walkability. These standards should enhance the overall aesthetic condition of communities,neighborhoods and the public realm with landscaping by: i. coordinating Public Frontages and Private Frontages ii. providing spatial definition to the public realm iii. providing screening of unsightly places. • Health/Safety. These standards should enhance comfort, safety and utilization of the public realm by moderating the local microclimate through the application of Trees and landscaping to: i. improve air quality ii. mitigate noise pollution iii. provide seasonal shade,sun and temperature regulation iv. reduce reflected light v. mitigate wind gusts vi. provide a partial barrier between Sidewalks and vehicular lanes • Ecology/Energy. These standards should provide ecological benefits including but not limited to: i. conservation of energy used in buildings through strategic shading and wind breaks ii. interception of precipitation by vegetative canopies iii. percolation of precipitation through pervious landscape areas iv.reduction in the insolation of pavements and other hard surfaces associated with urban heat islands through vegetative canopy cover v. conservation of soil and prevention of soil erosion through vegetative cover, root growth and wind breaks vi.conservation of water through Xeriscape design strategies including but not limited to: • the application and maintenance of landscape mulch to retain soil moisture • the limiting of Turfgrass areas and reduction of water use, fertilizers and labor associated with their maintenance and upkeep • the selection of low-water-use and drought tolerant plants where appropriate. •the design and operation of efficient irrigation systems. Landscape Construction Standards • All plant materials shall meet with the minimum container size, class and other requirements at Grade#1 or better set forth in Florida Grades and Standards for Nursery Plants • Plant selection shall conform to the planting palette described in Appendix II. In no event will St.Augustine grass be used. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC29 CI LANDSCAPE REQUIREMENTS RESTORATION Sustainable Comm Development F Jnit Development • Improved Open Spaces and Civic Space shall be protected with a temporary construction fence during all Thoroughfare and site work construction activities unless alterations to them are otherwise specified by landscape grading plans. • Wind erosion shall be mitigated and controlled through dust abatement and similar practices during the period of site work and construction. • Landscape soils that have been compacted during construction activities shall be loosened and aerated before planting. • Stormwater detention and retention ponds shall be integrated landscape features, rather than single-purpose flood control and stormwater management ponds. • Stormwater detention and retention ponds shall be planted with appropriate Trees,Shrubs and grasses. Plants in basin areas prone to submersion shall be hydrophilic. • Trees shall be provided sufficient uncompacted soil to attain the mature canopy specified by the landscape plan. • Plants shall have normal,well-developed branches and vigorous root systems. • Porous paving materials are encouraged in order to increase storm water infiltration on site • During construction, the root zone of existing vegetation to be preserved shall be enclosed by a temporary protective fence. • Open spaces and Civic Spaces shall remain fenced and protected during all adjacent site work and construction activities unless alterations to them are otherwise specified by the plans. • Fertilizer application practices shall be consistent with and utilize the Best Management Plan titled"Florida Yard and Neighborhoods Recognition Checklist" (January 2007 or later). • Reclaimed water should be used for irrigation when available CIVIC ZONES Public Recreation and Open Space • The SCD/PUD shall have a minimum of 15% of the build envelope as open space which may include preservation areas, landscaped and hardscape passive or active recreation areas as well as stormwater facilities wherein the border is designed as common space. • Each Development Subarea(Exhibit 2)shall have at least one Park, Green or Square for every 40 acres as well as several smaller Civic Spaces (See Table 3) which shall be identified in the Development Plan.Two required Civic Spaces(of the larger types)may be combined into one large Civic Space provided it borders both areas and exceeds the Civic Space acreage that would otherwise be required. Specific to Parks Turfgrass area and grass fields shall be planted or managed with appropriate low care and drought tolerant grasses that are mown to a high cut height or left uncut to provide a grass meadow. Specific to Greens Turfgrass area shall be planted or managed with appropriate low care and drought tolerant grasses that are mown to a high cut height. Specific to Squares Turfgrass area shall be carefully graded, leveled,and planted with sod. SC30 ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC RESTORATION LANDSCAPE REQUIREMENTS IC Sustainable Community Development Planned Unit Development Specific to Playing Fields Turfgrass recreational fields and high use areas shall be carefully graded,leveled, and sodded or seeded with an appropriate playfield turfgrass mix. THOROUGHFARE STANDARDS General to all designations • Landscape Plans shall be prepared for existing and proposed landscape elements in conjunction with the design development and construction documents for Thoroughfares. • Proposed Street Tree height and type shall be appropriate for the Frontage conditions. • Trees with existing or potential canopy covering sidewalks,driveways, Paths, Plazas, Alleys, Lanes, parking space or Street pavements shall be of a type that,at maturity or with minor pruning at installation,provide a clear height of eight(8)feet for sidewalks and paths,twelve(12)feet for driveways, parking spaces and Streets, and fifteen (15)feet for loading areas, exclusive of Tree grates or planting areas with gravel mulch.Trees with a low reaching canopy shall be 18—24"minimum clear of any sidewalk or pavement edge at the Lot line. • The Public Frontage shall include Street Trees planted at regular intervals in a pattern of single or alternated species.At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the shopfronts. In designation RA the spacing of trees may be irregular consistent with the less formal character of this area and to accommodate driveways and complement home siting. • Street shade trees are required where shade is not provided by an awning, arcade or other structure. Palms are prohibited for use as shade trees.Palms are not suitable for use as streets trees in residential neighborhoods. • Street Trees should be appropriately spaced for the species utilized to provide shade and contribute aesthetically. SITE LANDSCAPING STANDARDS Landscape Plan Required • Landscape Plans shall be prepared in conjunction with the design development and construction documents for the First Layer of Lots for all development including hardscape and softscape elements.Rear yards shall be included in the landscape plan where they face onto a lake or civic space to ensure an attractive view from the public realm. • Landscape Plans shall contain sufficient information regarding existing and proposed landscape elements as needed to meet with the requirements of this code. General LANDSCAPE DESIGN STANDARDS • The spacing, soil area, and placement of plants shall be adequate and appropriate for the typical size, shape and habit of the plant species at maturity. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC31 CI LANDSCAPE REQUIREMENTS RESTORATION Sustainable Comm:. v Development Planned Unit Development • Proposed Trees and Understory Trees shall be centered horizontally and minimally: 1. Two (2) feet from walkways, curbing, and other impervious pavements when planted in a tree well or continuous planter; 2. Three(3)feet from walkways, curbing and other impervious pavements when planted in a continuous swale; 3. Five (5) feet from street lights, underground utilities, utility meters and service lines,fences,walls and other ground level obstructions; 4. Six (6) feet from porch eaves, and awnings and similar overhead obstructions associated with the ground level of buildings; 5. Eight (8) feet from balconies, verandas, building eaves and cornices, and similar overhead obstructions associated with the upper stories of buildings. • Proposed Shade Trees shall be a minimum height of ten (10) feet and /or three(3)inches in caliper. Palms may not be used as shade trees. • Proposed Understory Trees shall be a minimum of eight(8)feet in height and/ or two-and-one-half(2-1/2)inches in caliper. • Proposed Shrubs shall be of a five (5) gallon container minimum to count towards landscaping requirements. Shrubs shall be 18"—24"minimum clear from any sidewalk or pavement edge at the Lot line. • Ground vegetation or Shrub plantings with spines,thorns or needles that may present hazards to pedestrians,bicyclists or vehicles are prohibited in the first two(2)feet of the first Layer. • Bare and exposed ground on the site and / or in landscaped areas shall be covered with live plant materials and/or mulch, with the following exceptions: 1. Naturally occurring creek beds or similar landscape features typically lacking in vegetation. 2. Garden beds seasonally tilled. 3. Hiking trails and/or paths. 4. Clay or sand surfaces associated with recreation fields and facilities. • Artificial plants or artificial turf are prohibited,excluding active recreation Sports Fields that are typically subject to intense use and soil compaction which prohibits the establishment of turfgrass, and where paving or grass paving systems will not suffice given the area's purpose and level of use. • Where irrigation is installed bubbler,drip irrigation,and soaker hose emitters shall be utilized where possible and practical. Each irrigation system shall be equipped with a meter, backflow preventer and a suitable controller. • Constructed water features such as fountains,streams and ponds that operate with water recirculation systems shall be designed to prevent seepage and leaks. • Buffers and screening elements shall be used to screen parking areas from public view,to screen service yards and other places that are unsightly. General to all designations • Areas in the First Layer of lots shall be landscaped with a balance of hardscape and softscape or be designed for activating uses (such as sidewalk cafes). This may exclude areas used for vehicular parking or drives SC32 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION LANDSCAPE REQUIREMENTS IC Sustainable Community Development Planned Unit Development • Where less than one tree is required the substitutions below shall be used to calculate requirements for smaller areas.Larger plantings may also be substituted for smaller plantings using these substitutions. i. Substitutions: 1. One(1)Shade Tree may be substituted by two(2) Understory Trees; 2. One(1) Understory Tree may be substituted by ten (10)Shrubs • Specific standards for number of trees and amount of vegetation on lots may be waived at Site Plan if an alternative design is provided that meets the goals of this code including aesthetic,shade,environment,water and supporting walkability. • Screened pool enclosures are prohibited where the rear yard of a lot is visible from a lake, pond or other Civic Space unless they are aesthetically and architecturally integrated with the primary building. • High fences (exceeding 4 feet) are prohibited where the rear yard of a lot is visible from a lake, pond or other Civic Space. Specific to designations RA • One (1) Shade Tree or designated substitute shall be planted within the first Layer for every 800 square feet of Landscape Area excluding the driveway. • Trees shall be naturalistically clustered in conjunction with adjacent street Trees. Specific to designations WP and MC • One (1) Shade Tree or designated substitute shall be planted for every 800 square feet of Softscape Area in the first Layer. • Trees shall be naturalistically clustered in conjunction with adjacent street Trees. Specific to designation RB, RC, MA, MB,and TC • A minimum of one(1)Understory Tree or ten(10)Shrubs shall be planted within the first Layer for every 500 square feet of Softscape Area in First Layer. • The use of Turfgrass on private lots should be minimized. Specific to designation RC • Landscaping within the First Layer shall be at least 50%Softscape and/or shaded with trees except for retail frontages. Specific to all designations except RA • Where contiguous open space beyond the required setback on a lot exceeds 5000 square feet,at least 50%of such open space shall be configured as open space for the enjoyment of residents,employees and/or the public. It shall either meet the description of one of the Civic Spaces in Table 8 or be configured as either an active open space with play areas or as a passive open space with walking paths and seating areas. Buffers and Screening There shall be no buffer yards required within the SCD/PUD.Screening elements shall be used to screen motor vehicle parking areas from public view and to screen ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC33 CI LANDSCAPE REQUIREMENTS RESTORATION Sustainable :immunity Development Planned Development service yards,dumpsters and other areas that are unsightly. • Shrubs shall be five (5) gallon container and twenty-four(24) inches height minimum, and of a type that, at maturity, will provide a continuous opaque screen at least thirty-six(36)inches in height. • Trees shall be four(4) inches caliper minimum, or in the case of evergreen conifer trees,twelve(12)feet minimum height. REFUSE&DUMPSTERS • Refuse storage and dumpsters must be enclosed from view with a minimum 6' high stockade fence, a masonry wall and gate, or be located within a concealing structure, except those that are placed on-site for construction purposes. • Refuse storage and dumpsters are to be located in or off of rear alleys when applicable. SOLID WASTE RECEPTACLES: RESIDENTIAL • Residential solid waste receptacles are to be placed in the adjacent rear alley, when applicable.Receptacles placed in the rear alley are not required to be removed between pickup days provided they are constructed or enclosed in such a way as to avoid intrusion by wild animals including bears. Receptacles placed in the front of the lot shall be placed and removed subject to the time of day requirements specified by the City. • Residential solid waste receptacles are to be stored on the premises of the owner or tenant, behind the primary building or otherwise screened so not to be visible from the public frontage. • There shall be a reasonable path from the location designated for receptacle storage and the pickup location. PARKING LOT AND LOADING AREA SCREENING To the extent practical,parking should be screened by buildings to minimize views from the public realm. • Parking lots or loading areas shall be screened where they are visible from the public realm or adjacent residential properties by either a landscaped buffer of at least 3 feet in width and height or a screening wall. If applicable they shall be screened at the front lot line by either a knee wall of at least 3 feet in height or a wall punctured for visibility not exceeding 6 feet in height. • A minimum of one(1)Tree shall be planted within the side and rear setbacks for every 800 square feet of Softscape. • All screens for parking lots must have gaps for pedestrian and bicycle a minimum of every 100 feet when located adjacent to a residential, lodging, retail, office or civic use. PARKING STRUCTURE SCREENING To the extent practical,parking should be lined or screened by buildings to minimize views from the public realm. • Where parking garages are visible from the public realm they shall be screened. • Parking garages shall be screened at ground level where adjacent to a sidewalk and/or designed to appear similar to inhabited buildings to provide an appropriate SC34 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC RESTORATION LANDSCAPE REQUIREMENTS IC Sustainable Community Development Planned Unit Development pedestrian frontage. • Parking garages on a primary or secondary frontage line shall be screened or otherwise designed aesthetically at the upper stories so as not to have a negative visual impact on the public realm. • Screening designs shall be approved as part of Site Plan Review. PARKING LOT LANDSCAPING REQUIREMENTS The location of parking within the lot is governed by the dimensional requirements for each Land Use Designation. • Landscaped areas are not required to have curbs. Trees may be contained in tree wells or other arrangement as long as trees have sufficient non-compacted soil for healthy growth or are of a species that grows well in compacted soil. • Parking aisles shall be paved with asphalt,concrete or other paving materials. Parking spaces (other than handicapped spaces) may be grass pavers or an acceptable composite material."Grass pavers"must include a base improvement material intended to stabilize parking. Parking areas designated for limited use or overflow(e.g.weekly, season or event use)may be grass or gravel. • Landscaping requirements for parking lots may be waived if sufficient substitute designs are provide which meet the goals of aesthetics and pedestrian circulation. Such waivers shall be reviewed as part of the Site Plan process. • Parking lots shall have landscaping including a tree serving as a separator after every tenth space at a minimum. The design shown in Exhibit 4 is intended for alternatives that have more than the required number of trees. • Landscape islands may be combined as a component of a stormwater management plan to facilitate water harvesting. i.Landscape islands may be omitted for solar panel installations or other shading structures of equal or greater coverage. • Parking areas that exceed one hundred and twenty(120)spaces shall include a minimum of five(5)foot wide pedestrian walkway.The pavements of such walkways shall be differentiated from parking area pavement through a change in surface texture, material,style,and/or color. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC35 CI LANDSCAPE REQUIREMENTS RESTORATION Sustainable Community Develc, • Ark. At Alint ��.►.,- ►��4I7 ► V 111? ('otentia Lo .ion) POLE LIGHTING mar vaw war EXHIBIT 4. OPTIONAL DESIGN FOR PARKING LOT LANDSCAPING • This layout is intended to illustrate the type of alternative to conventional landscaping layout permitted by this code. • Alternative paving surfaces and space demarcation may be approved upon request • Landscaped islands are 5'x5' minimum inside dimension, incorporate a tree root barrier and provide water efficient irrigation if needed. • Appropriate tree sizes shall be used in 5'x5'diamond islands • Lighting locations are conceptual. Design will be depended on needed lighting levels. SC36 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 3. CIVIC SPACE IC Sustainable Community Development Planned Unit Development a.Park:Anatural preserve available for active and passive recreation.A park may be independent • . NT of surrounding building Frontages.Its landscape shall consist of Paths and trails,meadows,water bodies,woodland and open shelters,all naturalistically disposed.Parks may be lineal,following RA the trajectories of natural corridors.The minimum size shall be 8 acres.Larger parks may be as •a Conditional Use in all designations. RC • m a iWP b.Green:An Open Space,available for unstructured recreation.A Green may be spatially defined I� R by landscaping rather than building Frontages.Its landscape shall consist of lawn and trees,natu- ralistically disposed.The minimum size shall be 1/2 acre and the maximum shall be 8 acres. • WP 1 I c.Square: An Open Space available for unstructured recreation and Civic purposes.A Square M is spatially defined by building Frontages.Its landscape shall consist of paths,lawns and trees, formally disposed.Squares shall be located at the intersection of important Thoroughfares.The I RB minimum size shall be 1/2 acre and the maximum shall be 5 acres. ' 111411111- RC m= WP d.Plaza: An Open Space available for Civic purposes and Commercial activities.A Plaza shall 1 MB be spatially defined by building Frontages.Its landscape consists primarily of pavement.Trees l j are optional.Plazas should be located at the intersection of important streets.The minimum LMC size shall be 1/2 acre and the maximum shall be 2 acres. WP . L I I F-7-41 e.Pocket Park: An Open Space of less than 1/2 acre designed for passive recreation.A pocket ALL park should have clear boundaries delimited by a fence,tree line or low landscaping.Pocket park's typically include seating and copious shade trees.Pocket Parks may be a mixture of green j and paved.Grass turf is limited because it will likely be damaged by foot traffic. f.Playground:An Open Space designed and equipped for the recreation of children.A playground may be fenced and may include an open shelter. Playgrounds shall be interspersed within , Residential areas and may be placed within a Block.Playgrounds may be included within parks and greens.There shall be no minimum or maximum size. E, f.Dog Run:An Open Space designed and equipped for the exercise of pets. A Dog Run shall be fenced and may include an open shelter.It may be located within a block. I I I ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC37 CI CIRCULATION REQUIREMENTS RESTORATION able Community Development Planned Unit Develoc C31 VEHICLE/PEDESTRIAN CIRCULATION REQUIREMENTS Access/Driveways: • Prior to issuance of a building permit,all parcels,lots or new development shall have access to an improved public road,private road or alley or be part of common fire access plan as a Pocket Neighborhood or Housing Court. • A single property may access a minor collector at up to 2 locations. • Driveways(not including alleys)are not permitted to access Road A and Road B except in locations in Area 7(See Exhibit 8)where construction of a double loaded alley is not feasible.Shared driveways are encouraged in Area 7 where alleys are not provided. • Joint-use driveways are encouraged especially where alleys are not provided. • Cross access easements are encouraged between adjacent parking lots.Cross access easements are required between adjacent parking lots in MC and WP. • Single family and duplex residential driveways shall consist of a paved apron and wheel tracking area of concrete or other approved paving material. • Separation of driveways shall be a minimum of three feet(3')at the property line. These criteria are not applicable to shared driveways.Crossing of an easement is permitted. • Adjacent nonresidential driveways shall be separated by a minimum of twenty feet(20') unless there is a recorded joint access agreement. • Separation criteria for residential and nonresidential adjacent driveways do not apply to driveways that access alleys. • Driveway access to any corner lot located on a local street shall be located a minimum of 20 feet from the intersection of right-of-ways lines of local streets and a minimum of 50 feet from the intersection of right-of-way lines on all other functionally classified streets. • Driveways shall have a minimum width of nine feet(9')for access ways serving residential uses,a minimum width of sixteen feet(16')for two way and twelve feet (12')for one way serving multi-family or non-residential areas. • Nonresidential driveways are not required to line up with driveways across the street.It is encouraged that driveways be accessed from alleys or side streets when possible. • As a mix of uses is encouraged within the SCD/PUD,nonresidential uses may be connected to, have access to and/or primarily use local residential streets. Drive-Up Facilities Standards • Due to the mixed-use, connected, slow speed nature of the thoroughfares in the SCD/PUD, the following criteria from the Land Development Code are not applicable: 21-52.03 a,c,d,e,f, and g. • A bypass maneuver may be provided as part of the overall site circulation plan. A bypass maneuver may be required as part of Site Plan review. Sidewalks • The sidewalk shall be constructed in the dedicated right-of-way or in an easement. • Sidewalks are required as detailed in Exhibits 9A-R. • All sidewalks shall have a minimum width of five feet(5'). SC38 ALL RIGHTS RESERVED -©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development • Sidewalks that are less than 7 feet or on roads with a design speed of greater than 25 mph must be separated from the road edge by at least 7 feet. • Sidewalks more than 7 feet and sidewalks on streets with a design speed of 25 mph or less do not require separation from the road edge. Street Design Standards The arrangement,character and width of all streets in the SCDIPUD shall conform to the text and the intent of the Restoration SCD section of the Comprehensive Plan. All streets to be established within a subdivision shall meet the following design standards. • Local streets shall be laid out in a connected network.Traffic calming measure may be used to ensure speeds are appropriate. • Where a subdivision abuts an arterial street or major collector,the subdivider shall provide an alley so that lots may front the arterial without driveway access on the arterial or other treatment such as may be necessary for adequate protection of residential properties. • Intersection designs. No street shall intersect at less than forty-five degrees. Street jogs and centerline offsets may be used as traffic calming devices. • Right-of-way lines may intersect without a radius. • For minimum street design specification,see street section diagrams, Exhibits 9-12. • Cul-de-sacs and Closes shall conform to the diagrams included in Exhibit 6. Construction • Residential or commercial roadway pavement shall consist of asphalt consistent with the City's standards or pavers or other materials of equal or better quality. • All local streets shall have concrete or stone curbs. Vertical or ribbon curbs (subject to stormwater needs)should be used on most streets. Mountable curbs may be used where necessary for fire access such as in the central landscape island of a"Close"turnaround. • Signs for street identification shall be designed and installed by the developer at the developer's expense. Alleys The use of alleys is encouraged in residential, nonresidential and mixed use districts. • Alleys are intended for rear access to residential or nonresidential development. • Alleys are required when single family residential blocks front on a collector, major collector or arterial except in Area 7 when other access is not feasible.Alleys are not classified as driveways for the purposes of access. • Alleys may be public or private • Alleys shall be designed according the details in the Typical Sections (Ex. 10). • Fire access shall not be required for alley design where adequate emergency service access exists from along a primary or secondary frontage. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC39 • CI CIRCULATION REQUIREMENTS RESTORATION ant Planned Unit Develo Easements Utility easements on side or rear lot lines shall be provided where deemed necessary. Turn lanes Turn lanes shall be minimized within the SCD/PUD to the maximum extent possible because turn lanes increase pedestrian crossing distances decreasing the walkabilty of the district. Roundabouts Roundabout intersection control will be the primary application as a traffic control device.Criteria for its use and design details shall follow the criteria set forth in the latest edition of"Roundabouts" an informational guide, published by the Federal Highway Administration (FHWA). The Traditional Neighborhood Development chapter of the Florida Greenbook(Chapter 19, May 2011 edition or latest) may be used as a reference for the detailed design criteria of streets within the SCD/PUD SC40 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development SPEED HUMP YIELD SIGN RAISED MOUNTABLE SEPARATOR SOLID YELLOW SPEED HUMP 6'YELLOW YIELD SIGN \,0 YIELD SIGN-��f HUMP DOMED CENTER CIRCLE S B.WHITE SKIP LINES SP� (5"AT CENTER) \ YIELD SIGN SPEED HUMP N.Nr oihy ":„7' e, EXHIBIT 5A. CIRCULAR URBAN INTERSECTION •Traffic operation is similar to a roundabout(yield at entry) •Center island is dome-shaped and similar in height to a speed hump •The intersection control can be used in lieu of an all-way stop ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC41 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development II II _� R/W SIDEwux ''j 4 SIDEWALK I' 1 � Imo::. �/a Mt ''rte„--- .S \; a SIDEWALK R/N mt.- II II ii EXHIBIT 5B. SINGLE LANE ROUNDABOUT • In most cases roundabouts are the preferred intersection control device within the SCD/PUD • The illustration depicts a single lane roundabout with single lane approaches • For Design Details, dimensions,capacity and analysis, refer to the Transportation Research Board Report 672:"Roundabouts:An Informational Guide"2nd edition in prepared in cooperation with the U.S.Department of Transportation and the Federal Highway Administration • Design speed shall not exceed 20 mph • Enhanced paver treatments for crosswalks are optional • A raised truck tracking apron is required within a single lane roundabout • The typical radius is 55 feet SC42 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development I Eggg :•.. ► at I EXHIBIT 5C. MULTI-LANE ROUNDABOUT • Roundabouts are a preferred intersection control device within the SCD/PUD • The illustration shown depicts a multi-lane roundabout at the intersection of a 4-lane street and a 2-lane street • For Design Details, dimensions, capacity and analysis, refer to the Transportation Research Board Report 672:"Roundabouts:An Informational Guide"2nd edition in prepared in cooperation with the U.S.Department of Transportation and the Federal Highway Administration • Design speed shall not exceed 25 mph • Enhanced paving treatments for crosswalks and inside tracking area (as shown) may be used, but are not required. • The typical radius is 80 feet ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC43 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development 1 i I En fkifigii i A ..... i - —L------ / ,___ O2 to \ �..'— •• 0 ' •jm ill RAISED •I 'm MAN —LANDSCAPED MEDIAN - I n -•1 - Y I �.wost.•reD nmi,w— . •::•ice �::: \ / -.-- -- --# (--- 1 a D 1 1 EXHIBIT 5D. DOUBLE MULTI-LANE ROUNDABOUT • Roundabouts are a preferred intersection control device within the SCD/PUD • The illustration shown depicts a multi-lane roundabout at the intersection of two 4-lane streets. • Minimum outer circular diameter shall be 160 feet. • For Design Details,dimensions, capacity and analysis, refer to the Transportation Research Board Report 672:"Roundabouts:An Informational Guide"2nd edition in prepared in cooperation with the U.S.Department of Transportation and the Federal Highway Administration • Design speed shall not exceed 25 mph • Enhanced paving treatments for crosswalks and inside tracking area (as shown) may be used, but are not required. SC44 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development 90' 1RAISED LANDSCAPED MEDIAN IIT 6� 2' 20' gi--f51, SIDEWALK SIDEWALK 1210' 60' R10' / 1 I EXHIBIT 6. CLOSE I CUL-DE-SAC •Cul-de-sac use should be minimized • The median island may vary in length however 20 diameter circle should be the smallest application • Tree plantings should be incorporated into the grass strip and median center island •The median island may use a ribbon or mountable curb to provide ease of access for emergency vehicles ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC45 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit De STREET ..... Ink,. 0. as0=0\ O+tional 1O∎OO. a .1 /:WSW-� k _Fw __.1 iw 111 m r' �r '■ i _I I ,, I ■ 117 I �.II ■ ■ ,III:�� �1 l _ ALLEY I MEW ALLEY ■� I I.III, !El I 1 VARIES ' ■_.■ III I ' WIDT ' el J� ,1 I,���� ■■■ I� mammal l o, y=v in__r6 w a STREET EXHIBIT 7A. MEW HOMES •A Mew is a small common space onto which homes front. • Mew homes are typically served by an alley •The width of the Mew park may vary in size • Emergency service access may either be through a stability Mew Park surface or by increasing alley width SC46 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development i V11129M. 0 1 IAN IA I 0il4 i _ r I ■Ill-4— — i i % i f I ----- ---- - i- - - - - C1`D_ 5 �%�Gi. Ai4 4 I MP LOCAL STREET EXHIBIT 7B. COURT HOUSING • Court Housing must have a common fire access plan LOCAL STREET N A1' .41! at d, Il il AV AI 17 We r•Irtawl '4. � J 1111 �' IIII, J_ l___ ,,S "Mr"M,1�, PA!? .�1f VIn 111 1,4 :1112� Alf W PAW PP ��1�; // 11111 ---- -ii Ill■IC ,►r ,lam VP I EXHIBIT 7C. POCKET NEIGHBORHOOD • Pocket Neighborhoods must have a common fire access plan • Pocket Neighborhoods may have a wide variety of site plans.The illustration above shows one possibility. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC47 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Roadway Criteria by Type • See also Typical Street Cross Sections following the text. • A private access easement that provides the opportunity for a future street conforming to the typical street sections herein is not considered a driveway for the purpose of determining access. MULTI-WAY BOULEVARD One of the biggest challenges facing urban designers and traffic engineers is designing a roadway that accommodates the expectations of transportation officials while at the same time providing a safe,urban,walkable environment that promotes safe pedestrian, bicycle and transit uses. A Multi-way Boulevard contains three essential elements: central through lanes, parallel frontage lanes coupled with an inviting pedestrian realm, and landscaped tree lawns which buffer low speed vehicles from through traffic. Beyond these core ideas, there can be a good deal of variety in the specific design, such as the location of transit, additional pedestrian, bicycle facilities or asymmetrical boulevards. There are additional characteristics that are present in most multi-way boulevards. The multi-way boulevard is usually a major roadway in an urbanized area. Central through lanes are bracketed by a landscaped tree lawn that buffers parallel low-speed, local streets and the boulevard may include a central median. The parallel local streets, herein referred to as "frontage lanes", are typically one-way with on-street parking and a generous sidewalk for pedestrians with buildings pulled up to the edge of the sidewalk. The central through lanes provide for the vehicular capacity desired for the major roadway while the frontage lanes provide a slow speed,calm environment that includes parking,property access and a safe pedestrian environment.This condition is ideal for commercial and mixed use development opportunities. Design Elements include but are not limited to: • Access from the mainline roadway to nearest boulevard frontage lanes shall be via"slip access points"located not closer than 150'from the nearest mainline roadway intersection. "Deceleration"or"Acceleration" lanes are not to be used for the"slip access points". • Design speed for the mainline roadway shall not exceed 35 MPH • Posted speed for the mainline roadway shall not exceed 35 MPH. • Access points to and from the mainline roadway to the frontage lane shall be kept to a minimum and not be less than 200'spacing. • Boulevard frontage lanes shall allow for parking and access to parcels. • Design speed for the boulevard frontage lanes shall be 20 MPH. • Boulevard frontage lanes are typically one way and are local streets. • The boulevard frontage lane may incorporate a Streetcar or other transit vehicles. • The Streetcar may be incorporated into the frontage lane median. SC48 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC 6ustalnaoie Community Development Planned Unit Development BOULEVARD For application within this project the "Boulevard" will mean a tree lined roadway that is 4 lanes divided with a landscaped median. This definition accommodates Williamson Boulevard in the locations where it is not "multi- way."It will accommodate vehicular movements as well as transit,bicycles and pedestrians. Providing the character of a tree lined landscaped roadway will be a high priority in the design of this roadway typology.Access points will be minimized and typically be off of the intersecting side streets.Design and posted speed should be kept low to provide for a safer environment for all users. • Access points shall be at a 330' minimum spacing. • Deceleration or Acceleration lanes are not required on this roadway. • Design speed shall be 35 MPH. • Posted speed shall be 35 MPH. MAJOR COLLECTOR The primary function of a Major Collector is to serve as an alternative route to the Boulevard. Major Collectors should provide connections to the primary Roadway System, Minor Collectors and Local Streets. • Design speed shall be 20 MPH minimum and 30 MPH maximum. • Posted speed shall not exceed 30 MPH. • Provides access to residential, commercial and mixed use areas. • On street parking may be permitted along the roadway. • Alley access points are permitted. • Residential driveways are not permitted unless no other access to an alley-way or street is practicable. • Driveways are generally limited to two access points per street.Access is encouraged to be located on the side street or in a shared easement if possible. Justification for additional access points may be reviewed and approved at detailed site plan approval. • All commercial driveways shall have a 15' minimum radii. • Driveway access points shall be located a minimum of 50'from the corner of a roadway and have a minimum of 50'separation. • The use of turn lanes is discouraged along the major collector roadways. If traffic volumes require turn lanes or a traffic signal, a roundabout shall be the preferred solution. MINOR COLLECTOR The primary function of a Minor Collector is to provide access to residential, commercial workplace and mixed use properties, as well as connections to the Boulevard, Major Collectors,and local streets. • Parcels serving Commercial/Mixed Use or Residential driveways and alleys are to be located at a minimum of 50'from the corner of an intersection on a Minor Collector street. • Minimum separation between driveways located on a Minor Collector shall be 25'. • One driveway per parcel shall be permitted however under certain conditions additional driveways may be approved if conditions warrant. This is determined at DP stage. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC49 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development • Residential driveways onto a minor collector will only be permitted if no other access is deemed feasible. • Alley access points are permitted onto a minor collector. • Design speed of a minor collector can be 20 MPH but not greater than 30 MPH. • Posted speed of a minor collector is typically 25 MPH and can be as low as 20 MPH but not greater than 30 MPH. LOCAL A local street's primary function is to provide access to businesses and residential uses.A major objective is to implement design characteristics that incorporate traffic calming principles to maintain low vehicular speeds. • Angled roadway, and/or offset intersections are acceptable on local streets. Local streets should be interconnected and the use of close/cul-de-sacs kept to a minimum. • Design speed for local streets shall be 20 MPH. • Posted speeds for local streets shall be 20 MPH. • The use of turn lanes at intersections is generally discouraged. If traffic volumes require turn lanes or a traffic signal,a roundabout should be the preferred alternative. • Driveway access is not restricted, however alleys and shared driveways are encouraged. WOONERF Woonerf is the Dutch name for a "living street" in which the needs of car drivers are secondary to the needs of users of the street as a whole. It is a"shared space" designed to be used by pedestrians,playing children,bicyclists,and low-speed motor vehicles,becoming a public place for people instead of single-purpose conduits for automobiles. In a woonerf,vehicles may not impede pedestrians,who in turn may not unreasonably hinder the progress of drivers. Characteristics include gateways that announce that one has entered the woonerf; curves to slow vehicle traffic;amenities such as trees and play equipment that serve the dual purpose of forcing vehicles to slow down;no curbs;and intermittent parking so that cars do not form a wall of steel between the roadway and houses. Performance Criteria • Change in priority: drivers must give way to pedestrians and cyclists. • Very low speed limits.Top speeds of 10 mph • Narrow streets,often curved and one-way. • No curb or a ribbon curb. • Amenities such as trees,street furniture or play equipment. • Parking is intermittent An emphasis on the change in status,through changes in pavement/color,signing, traffic calming,seating and other street furniture and plants.In some streets,parking is rearranged to make better use of space, especially if the residents are part of a `street fleet'or community car sharing scheme. SC50 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development _ _ Legend: \ _ _ \ Multiway Boulevard 1 = Arterial or Boulevard L_-' , • — Major Collector ? ... Minor Collector \ % \\ Access Easement � � `o Noce:Private owners may elect • to extend frontage lanes on Williamson Boulevard onto 4' their property where not currently shown. l \ 1) ..('• f tIN \ -..-.3 \ \ ..0'....-** \ \ \ 1111 0-. \ S, \ \ \ ft.,. •.% SW, ' ----, \ ,‘ 0 % ,\ , \ ' ) *:"-•• ....... . , .\, • Z 1 .. • .. •. - , Y SR 442 \ \ EXHIBIT 8. ROADWAY CLASSIFICATIONS ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC51 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development f6,, k : : -€6,) .., 1 x; erg„.: :,1 TIP �tiJ' I IIII111111a :,_ III I IIIIIIIII EWA\ aori J IRRIGATION ICURBE o li SEWER °SENOR ATE+RI, WATER !GUTTER I I ■ I I:1. 2'I II I / IO / 6 d 101 / 10 M 6' I, 10' 4, UTILITY TREE LAWN DRIVE LANE DRIVE LANE TREE LAWN. UTILITY EASEMENT 1 EASEMENT I I RW 1 RW 36' RIGHT OF WAY 't EXHIBIT 9A. 36' RIW 2-LANE, INTIMATE NEIGHBORHOOD STREET • This special condition will only be applicable when project traffic volumes are very low. • The posted speed shall not exceed 20 mph • Parking may be permitted on one side of the street SC52 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainaole Community Development Planned Unit Development i Qc,n b S .s:tt.,.. :'.., ..<_, ,., .-)i... &Illlli1 ,.. 4\+J1 c Ililllllllnllll a 0 IRRIGATION I r C TYPE STORM , CURB I WATER GUTTER O SEWER ° SEWER GLITTER I i 10' 5' 8' 10' 10' 8' 5' 10' UTILITY WALK TREE LAWNf DRIVE LANE DRIVE LANE TREE LAWN WALK UTILITY EASEMENT I EASEMENT RW i 25 I Rw BO' RIGI-IT OF NAT ,r EXHIBIT 9B. 50' R/W 2-LANE RESIDENTIAL • Typical residential street in areas with low parking demand • Parking is permitted on one side of the street if projected traffic volumes are expected to be low • The design speed shall be 20 mph • The posted speed shall be 20 mph ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC53 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development i tea 1 o` `,,,it �S >c , - :11- u y o• . II .ft<7 . j• • I 0IIIll ./��. ,GSi" , II 1 1 ma- '� i � �� IRRIGATION i CURE" 0 SEWER °SEWER CURB RBER WATER Id 5' 6' �2'� 24' 'T 6' / 5' , 10 UTILITY WALK TREE LAWN DRIVE LANES PARKING TREE LAWN WALK UTILITY EASEMENT I ! EASEMENT I I RH I I RN 50' RIGHT OF HAY -I' EXHIBIT 9C. 50' RJW 2-LANE WITH PARKING ON ONE SIDE OR YIELD • This street is intended for locations with moderate demand for on-street parking • This typical section could also be applied as a yield street with parking on both sides if front loaded product and driveways are present and traffic volumes are low • Design speed shall be 20 mph-25 mph • Posted speed shall be 20 mph -25 mph • May be a minor collector or local street SC54 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development C . - - e r a .., ..,.. ,. ..,w • , . � �e., $ Gdr a � , 4a.. , .V- i 4 . it, �������111,',... :r..31IIIIIIII A id% .ri . , d •���„ ...% 17' t01 444'1 7774- 0 iRRIGATIGN STORM ill 0 WATER SEWER SAN. 6n SEWER 10' 5'-6" 7' 2' 10' 10' 2' 7' S'-6"/ IO' nz / UTILITY WALK PARKING DRIVE LANE DRIVE LANE PARKING WALK UTILITY EASEMENT EASEMENt / 50' RIGHT OF WAY / EXHIBIT 9D. 50' R/W 2-LANE WITH PARKING AND BUMPOUT • For locations with medium to high parking demand • Parking may be incorporated on one side only if land use demand does not justify parking on both sides • The design speed shall be 20 mph -25 mph • The posted speed shall be 20 mph -25 mph • Tree and bump-out spacing shall be minimum 60'center to center • May be a major collector, minor collector or local street ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC55 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development IL .:el., -' ''' ''-'A ..ci:"., '"..., .�'4 ^r^- tar •� : .�? �� ,,t 1 I f 1 1y `", ° o< d/' T. ,►t it 14 `j '" E• • tfi I ro 1=p,, pm , , .. . • '. • TYPE F WATER IRRIGATION l CURBS t O r,-,mi SAN. CURB I GUTTER SEWER SFYJER GUTTER I I I / lo' 5' / b' �2'/ 2' / 2' 2' b' / 5' / 0 UTILITY WALK TREE LAWN DRIVE LANE DRIVE LANE TREE LAWN WALK UTILIT' EASEMENT I EASEMENT L 25' 25' RW I I RV4 k 50' RIGI4T OF WAY J' EXHIBIT 9E. 50' RIW 2-LANE • Typical street for commercial areas and areas with higher large vehicle use • Parking is typically not permitted on this roadway • Design speed shall be 25 mph • Posted speed may be 25 mph SC56 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainaoie Community Development Planned Unit Development n 7 0 IL ilei. c \ IS' 60 d`Y F. e �� •' I 1 k .d . c. e�-I + ,-.7'...-. IR r , f I .A ,' {:: I' ,Am GS7fi!/ n ., 4 5 lit , if I- 0 STDRfi Q (° SEWER SEWER H 6' 14�_6n // 7' j'� 11' / I11 T21., 7�A 14'-6" / PEDESTRIAN AREA PARKING DRIVE LANE DRIVE LANE PARKING. Y PEDESTRIAN AREA 701 RIGHT Of WAY / EXHIBIT 9F. 70' RIW 2-LANE WITH PARKING, TOWN CENTER STREET • Typical street for MUTC and TRC districts • Design speed should be 20 mph • Posted speed should be 20 mph • Traffic calming principles should be incorporated • Brick pavers or similar textured applications are permissible on the roadway • Building overhangs may encroach into the right of way ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC57 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development / 7'-I'I� .may 1 I I ii:.s, .a /(y'_ . o :.--.' c-1 P nuw.oto.4 i ,.7aj od: eiy i .u.-;.,.mmu i.. ,0 ‘J-:.,;ii.1 -i-/'1)11 —4:1 ,e : it , .,,, it - 0 6" SAN. r SEHER 6" / 14-6"-6" a 7' /2'* 11' 11' /2/ T // 14-6' / PEDESTRIAN AREA PARKING DRIVE LANE DRIVE LANE PARKING PEDESTRIAN AREA HITN SUMPOUTS AND STREETCAR W11}I BUIIPOUt5 70' RIGHT OF WAY EXHIBIT 9G. 70' R/W 2-LANE WITH PARKING AND STREETCAR • Streetcar is incorporated into vehicular travel lane In the MUTC • Design speed should be 20 mph • Posted speed should be 20 mph • Traffic calming principles should be incorporated • Brick pavers or similar textured applications are permissible on the roadway • Building overhangs may encroach into the right of way SC58 ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development fill 7 1I!ll! L ,...____v_pp:A., , rill me ,°a k o ° ' F- � •41. .41 s i Q rte.•.��7YY1 'II�Lrki,IT �� ^vim i el ' 6' b' I4'-6' T 2' II' / 10' / II' 'f T s, I4'-b' f PEDESTRIAN AREA PARKING DRIVE LANE TURN LANE DRIVE LANE PARKING PEDESTRIAN AREA / 80 RIGHT OF NAT di EXHIBIT 9H. 80' RAN TOWN CENTER 2 LANES WITH CENTER TURN LANE AND OPTIONAL BUMPOUTS • Intended for MUTC district and TRC where through and turn volumes are high • Minimum design speed shall be 20 mph •Traffic calming principles should be incorporated • Brick pavers or similar textured applications are permissible on the roadway • Building overhangs may encroach into the right of way. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC59 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development a • \• qJ I i it o •la Ac- '..b . '... D:'''':4•:' ' ' IRV • i I I I Illlll�ilil�ilr. Illi illlllllll +s� �" ml m GTit1 IY1� = Vf/- awl, I,-- . I aO? Gy - '.. 7►• ' IRRIGA710N I 0 C 0 STORM WATER 6" SEWER EWER 6" 6" -/2'r- i0' R'-6" 7 i'/ 12' T-6' 7'-6" I 12' 7' I 5'-6" 10' UTILITY WALK PARKING DRIVE LANE LANDSCAPED MEDIAN DRIVE LANE PARKING WALK UTILITY EASEMENT EASEMENT 35' 35' 70' RIGHT OF WAY I EXHIBIT 91. 70' RIW 2-LANE DIVIDED WITH PARKING AND OPTIONAL BUMPOUTS • For use where on street parking is needed to support land uses • Median islands can be reduced to 10' minimum width however 15' is desirable to better accommodate left and U-turn movements • Design speed should be 20 mph • Tree bump-out spacing shall be 60' minimum along parking areas SC60 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development • IL -.',I, 'N ,4:er •°c,,1i i • � 1i 1 t.0 D, a •!y• ,tio s 1 D a "!i t le al D .'j:-• ill', "...i,c...' v. . ,ri .V.,-4,1-A.V ..;*.;) . ;1 47 ,:.A„.. . 4,:;.., :Ii Min .! 1 I I ILJ.. I�~ ■ IRRIGATION 0 STORM SNJ. I s sENE2 SEWER 0 STORn WATER SEWER G. • 5"•/Y VARIES / 10' 7 5' 7 5' /2'/ 18'_6'• IS' IS-U 2'/ g' S' Ip' ¢ / / / / , UTILITY I WALK TREE LAWN PARKING TRAVEL LANE EASEttE•i MEDIAN TRAVEL LANE PARKING TREE LAWN WALK I UTILITY 1 MEN i EASEMENT ji 80' 80 RIGHT OF WAY EXHIBIT 9J. 80' R/W 2-LANE DIVIDED WITH PARKING • For locations with medium to high on-street parking demand • Median island may be reduced to 10'minimum, however 13'will better accommodate turn lanes • Design speed should be 20 mph ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC61 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development it- s2x a lt- 0 --,Av •? I t____ 1 ,,), .:� 4,I i yr 4'4* y. 44 , i„ Jam;'" i `II` IC 01010?-r'' "hI0I10?- R I -/7/- -42'/- -e / 10' • d / IC T-1--II' / II' A 22' • II' / II' /A' / IO' / N • IN / UTILITY MULTI-USE BIKE LANE LANE RAISED LANDSCAPED MEDIAN LANE LANE BIKE MULTI-u5E UTILITY EASEMENT WALK LANE LANE WALK EASEMENT / EV 55' 110. 1101 TOTAL RIGHT OF WAY EXHIBIT 9K. 110' RNV 4-LANE DIVIDED • Design speed shall be 35 mph • Posted speed shall be 35 mph • Utilities should be located to accommodate street tree locations SC62 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC I RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development if7.1e,°,.,,;„, tee 'HATER -/2'/- T1'f -/2'f -/2'f 15' 1 17 / 4. / 4'-A'--II' / II' / 22' / II' 1 II' f 4' / Id / 5' / Id i PEDESTRIAN AREA STREETCAR AREA BIKE LANE LANE RAISED LANDSCAPED MEDIAN LANE LANE BIKE MULTI-USE UTILITY LANE LANE HAL.K EASEMENT / 43' A 555' / ' / / 95'RIGHT OF WAY - Y / RIGHT OF WAY - X / 125' / 125' TOTAL RIGHT OF WAY EXHIBIT 9L. 125' RIW 4-LANE DIVIDED WITH STREETCAR ON WEST SIDE • The 98'right of way"X" incorporates the primary 4-lane section of roadway • Design speed for right of way X shall be 35 mph • Posted speed for right of X shall be 35 mph • Roundabouts may be used for intersection control • Traffic calming principles should be incorporated • The 27'right of way which includes the streetcar is referred to as right of way"Y" • The Streetcar may be contra flow to the direction of vehicular travel lanes ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC63 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development I L , • .1jr...,:,.:.:,*1/4.4 \to a y 4 a _ r -�!�i yy fl .9 •� y •V`I - . t b AMT 7f. aIIff Ill --w rill IIII .. ` ____ .t_� .°.YI II w, �`' II ", Yi)J ;; ;.. T' -_�s :rt; yi ;.. ` ��• ��, l.! �� � C4, t Id / 8' / Id / 4' / Ill / II' / 22' / II' / II' ' 4'+-b' , 12' / 15' UTILITY MULTI-USE BIKE LANE LANE RAISED LANDSCAPED MEDIAN LANE LANE BIKE STREETCAR AREA PEDESTRIAN AREA EASEMENT WALK LANE LANE 1 / 55' 1 Q' / / 913' / 27' RIGHT OF NAY "X" RIGHT OF NAY "Y" / 1225' / 125' TOTAL RIGHT OF NAY EXHIBIT 9M. 125' R/W 4•LANE DIVIDED WITH STREETCAR ON EAST SIDE • "X" incorporates the rims 4-lane section of roadway 98'right of way primary Y • Design speed for right of way X shall be 35 mph • Posted speed for right of X shall be 35 mph • Roundabouts may be used for intersection control • Traffic calming principles should be incorporated • The 27' right of way which includes the streetcar is referred to as right of way"Y" • The Streetcar may be contra flow to the vehicular travel lanes SC64 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development 111111 \h• rr ' c'r �r 1ila r 1 1N Ill ,t MS: izs: -_.f R !°l �� F+�N i w II f —I•' 17' f�i-/---II' 11' ! 17 ! 11' / IN 4 y Id PmEns.w M£n •TRHrwt NtG vw[ rrusm uosurm neain urge PPOPS'ra LWE WIC IAD nPAM' ARp PNIXING INI taf1 av+�+E Hlnl srrsrFrurs Nmni,re w+E TN i W 57 RIGHT OF WAY - Y RIGHT OF WAY - X RIGHT OF WAY - Y 165' TOTAL RIGHT OF WAY EXHIBIT 9N. 165'RIW 4-LANE DIVIDED WITH BOULEVARD FRONTAGE LANES ON EAST SIDE AND STREETCAR ON BOTH SIDES • The 86' right of way"X" incorporates the 4 lane roadway and the median • Design speed for right of way X shall be 35 mph • Posted speed for right of way X shall be 25 mph • Roundabouts may be used as intersection control •Traffic calming principles should be incorporated • The 52'and 27'rights of way outside right of way X are referred to as right of way"Y" • The 52' Boulevard Frontage area consists of a frontage lane, on-street parking, a median with a Streetcar, Streetcar stops, and generous pedestrian and business frontage areas • Design Speed for the frontage lane shall be 20 mph • Posted speed for the frontage lane may be 15 to 20 mph • Traffic calming principles shall be used along the frontage lane • Access from the mainline roadway to the Boulevard Frontage Lane shall be right-in and right-out and not be located closer than 150'from the nearest primary intersection along the mainline roadway. • Access to and from the frontage lanes to the mainline roadway shall be not less than 200'apart • The Boulevard Frontage Lanes are typically one way and flow the same direction as the mainline roadway • The Streetcar may be contra-flow to the vehicular travel lanes ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC65 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development IIIII � fevIA —�^*�_ r' 4 'I TSi M. - gel .`;. II} I -Lr. nk a +r- r-0 x w ae ♦.e-r—m—T—m a ♦ m u a--1 A---+ 1+ LAVE • nn' ♦ W W RIGHT OF WAY - Y RIGHT OF WAY - X RIGHT OF WAY -Y ro ♦ 190' TOTAL RIGHT OF WAY EXHIBIT 90. 190' TOTAL RIW 4-LANE DIVIDED BOULEVARD WITH FRONTAGE LANES AND STREETCAR • The 86' right of way"X" incorporates the 4 lane roadway and the median • Design speed for right of way X shall be 35 mph • Posted speed for right of way X shall be 35 mph • Roundabouts may be used as intersection control • The 52' right of way on either side of right of way X is referred to as right of way"Y" • Right of way Y is the Boulevard Frontage area consisting of a frontage lane, on-street parking, a median with a Streetcar, Streetcar stops, and generous pedestrian and business frontage areas. • Design speed for the frontage lane shall be 20 mph • Posted speed for the frontage lanes may be 15 to 20 mph • Traffic calming principles shall be used along frontage lanes • Access from the mainline roadway to the Boulevard Frontage Lanes shall be via right-in and right- out and not be located closer than 150' from the nearest primary intersection along the mainline roadway. • Spacing of access points on the boulevard along the mainline roadway shall be a minimum of 200' • Boulevard Frontage Lanes are typically one-way and flow in the same direction as the adjacent por- tion of the mainline roadway • The Streetcar may be contra-flow to the vehicular lanes travel lanes. SC66 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development It r ` ran M M !� mo- I MIRE i-LAME O?Mtll i QaawwRUT 2' 2' / 5' I 5' / 14 / 4'/ II' / II' 4L' II' II' 4' 13' S' 6' IIMX 1w8 IMN 1 ell E DRIVE LINE GwV!LANE A war TM w¢ IM¢ II/MCX!MINI wave tME wave we a•¢ nax IMN run USE PAnI IAX! wort 1wN INC / 75' 75' 150-0' EXHIBIT 9P. 150' RNV INDIAN RIVER BOULEVARD •This is an FDOT section of roadway • This typical section is applicable to Indian River Boulevard between 1-95 and Williamson Blvd. •This section is a 4-lane divided roadway expandable to six(in median) • Design speed shall be 45 mph • Posted speed shall be 40 mph • Utility easements shall be provided where deemed necessary. S!'SIDeUIX 5'PAVED allORDED a PAVED MEW= S-S AEWASUX 14'-CO 17'-0' 12'0' 12'-0' 20'-0' 12'-0' 12'-0' I7-0' 14'-0' • wav!USE DEN!LMl! •R91M1 wave IAN! DEW LW 130-a 130' RIGHT OF WAY EXHIBIT 9Q. 130' R/W WILLIAMSON BOULEVARD NORTH, COUNTY PROPOSED SECTION • Williamson Boulevard, 130' right of way, Volusia County proposed typical section to be applicable at north end of project • This typical section reflects the Williamson Boulevard typical section proposed in the "Williamson Boulevard Extension Corridor Analysis"prepared by Volusia County • Utility easements shall be provided where deemed necessary. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC67 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development isQ ai' p i ,9 db"� o U°rY-,)e,.r' ° ,os 2 map A Id I EXHIBIT 9R. TYPICAL COMMERCIAL SIDEWALK ELEMENTS • The Edge zone shall be at least 2 feet clear of permanent obstructions so that parking or standing cars will not damage or be damaged by streetscape elements • The Furnishing zone provides a buffer between pedestrians and vehicles and allows space for landscaping,public street furniture,transit stops,public signage,merchant association signage and amenities,public lighting,etc.When permitted it may include private uses such a cafe seating. • The Throughway zone shall be a least 5 feet wide clear of permanent obstructions to allow for the passage of pedestrians. • The Frontage zone may contain private street furniture, private signage, merchant displays and cafe seating. SC68 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development l °STORM I � 4 SETBACK 4' 12' I, A' 4 SETBACK x i y } 20'ACCESS EASEMENT , I I EXHIBIT 10A. 20'ALLEY ACCESS EASEMENT • Designed for serving low to medium density residential development • Minimum design speed shall be 10 mph o: I °STORM A'SETBACK 5' 20' 5' 4'SETBACK 30'ACCESS EA5EMENt r I I EXHIBIT 10B. 30'ALLEY ACCESS EASEMENT • Design for higher density residential or for commercial development • Minimum design speed shall be 10 mph ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC69 CI CIRCULATION REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development *-' ,,,,,thtptii..._ er 44 ti 25-50 feet Cross Section M 1 '4 s1. s' t$i €# wawa ;p, �� . ' - k,41.1111,1"ifigt 41,, '''Ull::: - ''''.*, ' i S,'''',. ' t..re 44n :,.. . . ..,..., , . .. J,,...4t .,,z. .49 . ..... . tzt, ‘7.74.... , , ,_ .._ r 7,...,r. ,,, - .. '` Ateej+..f. * f . op #�F di Plan view EXHIBIT 11. WOONERF ILLUSTRATION AND EXAMPLES SC70 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION CIRCULATION REQUIREMENTS IC Sustainable Community Development Planned Unit Development e. . S� I •,{ , 11 '""'g'4-'1---":1 9" ' �.•• ,1•, •' y ' IIG!.�1111111I1. 1/ • WJ 1—A '. :► ±7��T. O M�I f 4 E. 6" "I IL'_6. 1 II' II' T 2D' I5' PEDESTRIAN ADD AN:AE PARRIMO ERNE LANE DRIVE LADE NREIA PRDESTRIAII AREA Sc' 35. . 85' RIGHT OF WAY � AleA ,tig ll *if VP 04110 1 AEI T.'dlf 9:11■ Vili" vAii■ EXHIBIT 12. 85' RIW Two LANE STREET WI ANGLE PARKING ON ONE SIDE •A special condition where parking demand justifies an increased supply • Should be used sparingly as it can reduce pedestrian comfort and safety • Design speed is 20 or 25 mph • Posted speed may be 20mph and shall not exceed 25 mph •Variations of this layout are acceptable including changes in the number of spaces, the angle of parking. Back-in parking may be used. • Street may be one way or two way. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC71 RESTORATION Sustainable Community Development Planned Unit Development SC72 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION PARKING AND LOADING REQUIREMENTS IC Sus[alnabe Community Development Planned Unit Development C41 PARKING AND LOADING REQUIREMENTS Parking Standards • All required off-street parking (Table 4) shall be located as described in the dimensional requirements section of this code and shall be within 600 feet of the building which they are intended to serve,unless a joint parking area agreement is executed. Required parking spaces may be located on a different parcel than the parcel which they are intended to serve if a joint use agreement is obtained. • The parking space requirements described in this SCD/PUD shall be the only parking requirements applicable within the Restoration PD. • Convenient on street parking located adjacent to a property may be counted towards required parking. • Parking lot design standards are described in Exhibit 12.See also Landscaping Standards. • Any vehicle backup areas shall be ten feet(10')and have a minimum 15'turning radius. Vehicle backup areas should not be required for low turnover parking lots of less than 20 spaces. • Areas of parking lots that are used occasionally or for overflow may be unpaved. • Customer generated parking lots may be permitted for other purposes than vehicle parking such as events or outdoor seating if it can be demonstrated that there are no adverse impacts on neighboring properties. • Parking rows shall be delineated and recognizable by the general public as parking areas. Individual parking spaces do not need to be delineated. Parking areas that are only occasionally used may be designed as plazas. • On street parking adjacent to a property may be used to satisfy parking and loading requirements. Bicycle Parking • Bicycle parking is not subject to the requirements described with respect to motor vehicle parking lots. • All short-term/visitor bicycle parking must be at least as close the primary building entrance as the closest parking space(excluding handicapped parking). • If space allows,bicycle parking may be installed in the furniture zone or frontage zone (see Exhibit 9R) of the sidewalk which will count towards bicycle parking requirements. • Bicycle parking shall be installed such that a parked bicycle will not block pedestrian or vehicular passageway and such that a parked bicycle will be clear of any obstructions.Bicycle parking must be secured to a hard surface and accessible via paved surfaces. If bicycle parking is above or below grade, ramps must be provided to permit access to it. • Directional signage should be provided when bicycle parking is not visible from front door. • Bicycle parking should be one of the following types:"inverted U","Sheffield"or "A".The"post and ring"type or meter-ring may be used but is not recommended. • Other bicycle parking types may be used for improved aesthetics if they are demonstrated to be as effective as the preferred types. Alternative types must support a bike in at least two locations and allow the bike to be locked using a ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC73 CI PARKING AND LOADING REQUIREMENTS RESTORATION Sustainable Community Development Planned Unit Development "U-lock", and accommodate bikes of a variety of sizes. • Under no circumstances shall the following bicycle parking types be utilitized: Wave, Comb, "T",Toast,and any type which only supports the wheel. • Bike lockers or rooms are recommended for long-term bicycle parking. Reference USDOT(http://www.fhwa.dot.gov/publications/research/safety/pedbike/05085/pptchaptl7. cfm) TABLE 4: Parking Requirements.The Shared Parking Factor for two Functions represents the reduction in parking allowable when two uses are sharing a parking lot or structure.Less parking may be permitted if a parking study is provided or if a shared parking or payment- in-lieu arrangement is signed and agreed to.On street parking may be counted toward parking requirements.The city may allow parking for vehicles other than standard passenger vehicles such as mopeds,motorcycles or neighborhood electric vehicles to count towards minimum parking requirements. MINIMUM PARKING REQUIRED SHARED PARKING CREDIT RA MC RC WP MA MB RB TC Function with Function RESIDENTIAL I 1.51 dwelling 1.0/dwelling RESIDENTIAL RESIDENTIAL LODGING I 1.0/bedroom 1.0/bedroom LODGING LODGING OFFICE I 3.011000 sq.ft. 2.011000 sq.ft. OFFICE O OFFICE RETAIL I 4.0/1000 sq.ft. 3.0/1000 sq.ft. RETAIL®.®O®4®RETAIL CIVIC I To be determined as part of Site Plan Approval* 4$i 4 • MANUFACTURING I To be determined as part of Site Plan Approval* O * Projects exceeding 50,000 square feet may be required by the city to provide a parking generation study SC74 ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 5. BICYCLE PARKING REQUIREMENTS IC Sustainaoie Community Development Planned Unit Development Table 5:Bicycle Parking Requirements-This table prescribes minimum parking ratios within each Land Designation and assumes a bicycle mode share of 5%or less.Requirements may be met within the building,Private Frontage,Public Frontage,or a combination thereof.On street parking may count toward parking requirements.Long-term parking should be covered as protection from the weather.Long-term parking intended for use overnight or by employees or students for longer than 6 hours should be covered and provide additional security elements or be located indoors. SHORT TERM PARKING RA RB RC M TC WP RESIDENTIAL Single-Family/Attached no spaces required no spaces required no spaces required Other Multi-Family n/a Min.2.0 spaces Min.2.0 spaces .05 spaces/bedroom .10 spaces/bedroom OFFICE n/a Min.2.0 spaces Min.2.0 spaces 1.0/add.20,000 sq.ft. 1.0/add.15,000 sq.ft. RETAIL n/a Min.2.0 spaces Min.2.0 spaces 1.0/add.5,000 sq.ft. 1.0/add.5,000 sq.ft. CIVIC Min.2.0 spaces Min.2.0 spaces Min.2.0 spaces Non-Assembly 1.0/add.10,000 sq.ft. 1.0/add.10,000 sq.ft. 1.0/add.10,000 sq.ft. Assembly Min.2.0 spaces Min.2.0 spaces Min.2.0 spaces 1.0/add.40 attendees 1.0/add.40 attendees 1.0/add.40 attendees SCHOOL Grade School Min.2.0 spaces;1.0/add.20 students University Min.2.0 spaces; 1.5/add.20 students MANUFACTURING To be determined as part of Site Plan Approval TRANSIT STATION To be determined as part of Site Plan Approval LONG TERM PARKING RA RB RC M TC WP RESIDENTIAL Single-Family 1 Attached no spaces required no spaces required no spaces required Other Multi-Family n/a Min.2.0 spaces Min.2.0 spaces .15 spaces/bedroom .20 spaces/bedroom OFFICE n/a Min.2.0 spaces Min.2.0 spaces 1.0/add.10,000 sq.ft. 1.5/add.10,000 sq.ft. RETAIL Min.2.0 spaces Min.2.0 spaces n/a. 1.0/add.10,000 sq.ft. 1.0/add.10,000 sq.ft. CIVIC Non-Assembly Min.2.0 spaces Min.2.0 spaces Min.2.0 spaces 1.0/add.15 employees 1.0/add.15 employees 1.0/add.10 employees Assembly Min.2.0 spaces Min.2.0 spaces Min.2.0 spaces 1.0/add.20 employees 1.0/add.20 employees 1.5/add.10 employees SCHOOL Grade School Min.2.0 spaces;1.0/add.20 students University Min.2.0 spaces;1.5/add.10 student MANUFACTURING To be determined as part of Site Plan Approval TRANSIT STATION To be determined as part of Site Plan Approval ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC75 CI TABLE 12. PARKING LOT DESIGN RESTORATION Sustainable Community Development Planned Unit Development 4 G B F E D C� L Ais; G WALL A B C D E F G 8' 22' 12' 28' 28' 3' 0• 30° 8.5' 16' 12' 44' 38' 10' 9' 16' 12' 44' 38' 10' 45 8.5' 19' 14' 52' 46' 8' 9' 19' 14' 52' 46' 8' 5.5' 20' Is' 56' 53' 5' GO• 9' 20' 18' 56' 53' 5' 8.5' 20' 20' 60' 57' 5' 70• 9' 20' 20' 60' 57' 5' q0` 8.5' 19' 24' 62' 62' 3' 9' 19' 22' 60' 60' 3' EXHIBIT 12. PARKING LOT DESIGN • The above dimensions are minimums and not ideal for high turnover areas • The 8.5'stall widths should only be used in parking structures or constrained urban facilities • Closely spaced tree grates or tree islands may be used in lieu of a buffer strip in tight urban areas. • Parking may be perpendicular or angled. SC76 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 6. BICYCLE PARKING TYPES IC Sustainaoie Community Development Planned Unit Development TABLE 6:Bicycle Parking Types.This table shows five common types of Bicycle Parking facilities. IDescription Bicycle Rack(Inverted"U,"post and ring,etc.) Racks shall be capable of securing bicycles with at least two points of contact. Simple, easily identifiable forms should be used.Racks maybe placed in the Private Frontage,Public Frontage,or within buildings. Bicycle Rack(decorative,public art) Decorative racks shall be recognizable as bicycle parking facilities and shall be held to the same performance standards as other bicycle Such racks may be provided for Civic Buildings, Civic Spaces,and other locations of historic,social,or cultural importance. Bicycle Shelter Shelters shall be highly recognizable and integrated with transit and/or related land uses requiring medium or long term bicycle parking needs. Each shelter shall include bicycle - parking racks capable of securing bicycles with at least two points of contact. Bicycle Locker Bicycle Lockers shall be placed in a highly visible and well-lit location, but shall not disrupt the function — and order of the public realm.They should be monitored and maintained to discourage vandalism. Bicycle Station Bicycle Stations should be located in highly visible locations,ideally near se They s a variety of sery ices that m ay inclu de repair, Syr rental,cafe,lockers,showers,and J 7 storage facilities. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC77 CI SIGNS RESTORATION Sustainable Community Development Planned Unit Development C5I SIGN STANDARDS GENERAL INTENT The intent of regulating signs that are visible from the Public Frontage is to ensure appropriate scale, proper dimensioning and placement with respect to existing or planned architectural features,to maintain or improve public safety,to maintain or improve the aesthetic character of the context in which they are located, and to provide legible information for pedestrians, not just drivers. SPECIFIC TO ADDRESS SIGNS a. Address Sign numerals applied to Retail, Office, Residential, institutional, or industrial buildings shall be between four(4)and six(6)inches tall.Address Sign numerals applied to individual dwelling units in Apartment buildings shall be at least two(2)inches tall. b. Address signs shall be easily visible by using colors or materials that contrast with their background. c. Address signs shall be constructed of durable materials. d.The address sign shall be attached to the front of the building in proximity to the Principal Entrance or at a mailbox. SPECIFIC TO AWNING SIGNS a. The following variations of awnings,with or without Signbands,are permitted: i. Fixed or retractable awnings ii. Shed Awnings iii. Dome Awnings(permitted but discouraged in most cases) b. Other awning types may be permitted by Permit. c. Signage shall be limited to the Valance of the awning or the vertical portion of a dome awning. d. No portion of an awning shall be lower than eight(8)feet Clearance. e. Awnings shall be a minimum of 4 feet in depth. Clearance may be a minimum of 3 feet in depth. f. Awnings shall not extend beyond the width of the building or tenant space, nor encroach above the roof line or the Story above. g. The height of the Valance shall not exceed twelve(12) inches. h. Awning Signs shall contain only the business name, logo, and/or street address. i. Letters,numbers,and graphics shall cover no more than seventy percent(70%) of the Valance area. j. Awning Signs shall not be internally illuminated or backlit. SPECIFIC TO BAND SIGNS a. Businesses are permitted one(1)Band Sign on each first Story Facade. b. Band Signs shall include only letters,background,lighting,and an optional logo. Information shall consist only of the name and/or logo of the business. Band Signs shall not list products, sales, or other promotional messages, or contact information. c. The following Band Sign construction types are permitted: i.Cut-out Letters.Letters shall be individually attached to the wall or on a separate background panel, and shall be externally illuminated. SC78 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC 4 RESTORATION SIGNS IC Sustainable Community Development Planned Unit Development ii. Flat Panel. Letters shall be printed or etched on same surface as the background,which is then affixed to the wall and externally illuminated. iii. Channel Letters by permit. Each letter shall have its own internal lighting element,individually attached to the wall or onto a separate background panel. The letter shall be translucent, or solid to create a backlit halo effect. d. Height and width shall be measured using smallest rectangle that fully encompasses the entire extent of letters, logo and background. e. Band Signs shall not be wider than 90%of the width of the building Facade or tenant space. f. Band Signs shall not project vertically above the roof line. g. Band Signs may be illuminated from dusk to dawn or during hours permitted by ordinance.External lights shall be shielded from direct view to reduce glare.Lights shall not flash. h. Neon may be permitted on Band Signs by Permit in the MB Designation only. No other internal lighting shall be permitted. i. Electrical raceways, conduits and wiring shall not be exposed. Internal lighting elements shall be contained completely within the sign assembly or inside the wall. j. Band Signs should be placed where the architectural features suggest the best placement for signage. They should be vertically aligned with the center of an architectural feature such as a storefront window,entry portal,or width of a bay or overall retail space.They shall not interrupt or obscure these features or cause visual disharmony. k. Where multiple Band Signs are present on a single building(i.e.for retail tenants in a shopping center),signage shall be coordinated in terms of scale and placement. Colors and materials should be harmonious. SPECIFIC TO BLADE SIGNS a. Blade Signs shall be double-sided. b. Blade Signs shall be permitted only for businesses that have a Principal Entrance on the first Story. c. Businesses shall be permitted one(1) Blade Sign where its Principal Frontage Line is no more than five (5) feet from the Facade. Businesses that have a Secondary Frontage Line that is no more than two(2)feet from the Facade shall be permitted one(1)additional Blade Sign on that Facade. d. Blade Signs may encroach into the Public Frontage up to four(4)feet and shall clear the Sidewalk by at least eight(8)feet. e. Blade Signs shall not encroach above the roof line nor above the bottom of the second Story window. f. Text and graphics on the Blade Sign shall be limited to the name and/or logo of the business. Slogans,address labels,operating hours and contact information shall not be permitted. g. Mounting hardware, such as supports and brackets, may be simple and unobtrusive or highly decorative, but shall complement the design of the sign, the building, or both. h. For buildings with multiple signs, mounting hardware or sign shapes,sizes and colors shall be coordinated. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC79 CI SIGNS RESTORATION Sustainable Community Development Planned Unit Development SPECIFIC TO MARQUEES a. Marquees shall be located only above the Principal Entrance of a building. b. No Marquee shall be wider than the entrance it serves,plus two(2)feet on each side thereof. c. No portion of a Marquee shall be lower than ten (10)feet Clearance. d. No Marquee shall extend closer to the Curb than three(3)feet. e. Columns or posts may be used as supports for Marquees eight(8)feet deep or deeper by permit. f. All Marquees, including anchors, bolts, supporting rods and braces, shall be constructed of non-combustible materials and shall be designed by a structural engineer and approved by the Building Inspector. g. Marquee components and materials may vary. Anchors, bolts, and supporting rods should be limited to the interior of the Marquee. h. Message Boards shall be permitted as part of Marquees. i. A Band Sign shall be permitted above a Marquee. SPECIFIC TO NAMEPLATES a. Nameplates shall consist of either a panel or individual letters applied to a building wall within ten(10)feet of an entrance to the building. b. One Nameplate shall be permitted per address. c. Nameplates shall not exceed three (3)square feet. d. Nameplates shall be constructed of durable materials. SPECIFIC TO OUTDOOR DISPLAY CASES a. Each outdoor display case shall not exceed six(6)square feet. b. Outdoor display cases may be externally or internally illuminated. c. Theaters may be permitted larger outdoor display cases by permit. d. Outdoor display cases shall not be attached to Shopfront windows. SHINGLE SIGNS a. Shingle Signs shall comport with the standards for Blade Signs except requirements d and f. b.A building may have both the prescribed number of Blade Signs and the same number of Shingle Signs. c. Shingle Signs may encroach into the Public Frontage up to two(2)feet and shall clear the Sidewalk by at least seven(7)feet. d. Text and graphics on the Shingle Sign shall be limited to the name, logo, and suite number of the business.Slogans,full street address labels,operating hours and contact information are not permitted. SPECIFIC TO SIDEWALK SIGNS a. Sidewalk Signs shall consist of freestanding,double-sided temporary signs placed at the entrance to a business in a primarily pedestrian environment. b. Sidewalk Signs shall be removed at the close of business each day. c. One(1) Sidewalk Sign shall be permitted for each business. d. Sidewalk Signs shall not exceed 42 inches in height or 26 inches in width. e. Sidewalk Signs shall be moved inside during high winds or other weather conditions that might pose a hazard to public safety. SC8O ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION SIGNS jC Sustainable Community Development Planned Unit Development SPECIFIC TO WINDOW SIGNS a. Only the following Window Sign types shall be permitted: i. Vinyl applique letters applied to the window.Appliques shall consist of individual letters or graphics with no visible background. ii. Letters painted directly on the window. iii. Hanging signs that hang from the ceiling behind the window. iv. Neon signs. v. Door signs applied to or hanging inside the glass portion of an entrance doorway. b. Window signs shall not interfere with the primary function of windows,which is to enable passersby and public safety personnel to see through windows into premises and view product displays. c. Window signs shall be no larger than 25% of the total area of the window onto which they are applied. Sign area shall be measured using smallest rectangle that fully encompasses the entire extent of letters, logo and background. d. Window signs may list services and/or products sold on the premises,or provide phone numbers, operating hours or other messages, provided that the total aggregate area of these messages not exceed the limit provided above. e. Letters on window signs shall be no taller than eight(8) inches. SPECIFIC TO YARD SIGNS a. One single- or double-post yard sign for each business may be permitted by permit, provided it is set back at least six(6)feet from the Frontage Line, does not exceed six(6)square feet excluding posts,and does not exceed six(6)feet high including posts, measured from the yard at the post location. SPECIFIC TO TEMPORARY SIGNS AND BANNERS a.Temporary signs of all types may be approved by permit for a 30-day period only. Permitted materials shall be determined by permit. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC81 CI TABLE 7: SIGNS RESTORATION Sustainable Community Development Planned Unit Development RA RB Ela m MA MB ® WP i SPECIFICATIONS Address Sign a.Quantity(max) 1 per address b.Area max 2 sf c.Width max 24 in . d.Height max 12 in e.Depth I Projection max 3 in f.Clearance min 4.5 ft g.Apex nla ' ' ' ' ' • h.Letter Height max 6" Awning and Sign a.Quantity(max) 1 per window b.Area n/a c.Width max equals width of Facade d.Height n/a e.Depth I Projection min 4 ft,see Sec 5.12.7e f.Clearance min 8 ft,7 ft by Warrant g.Apex nla --. • ' ' ' ' • h.Letter Height min 5 in,max 10 in i.Valance Height max 12 in j.Distance from Curb min.2 ft. • Band Sign a.Quantity(max) 1(2 for corner buildings) b.Area(max) 1.5 sf per linear ft Facade c.Width max 90%width of Facade d.Height max 3 ft e.Depth I Projection max 7 in , ., f.Clearance min 7 ft g.Apex nla ❑ • • • • • • • h.Letter Height max 18 in li Blade Sign a.Quantity 1 per Facade,2 max b.Area(max) 4 sf T2,T3,T4;6 sf T5,T6 c.Width max 4 ft d.Height max 4 ft f.Depth I Projection max 4 ft g.Clearance min 8 ft h.Apex nla o • • • • • i.Letter Height max 8 in Marquee and Sign a.Quantity(max) 1 per business b.Area nla c.Width(max) entrance plus 2 each side `i A d.Height max 50%Story height e.Depth I Projection min 4 ft,max 10 ft .>rt`;. . f.Clearance min 10 ft g.Apex nla - E- • • • • • h.Letter Height nla s i.Distance from Curb min 3 ft. • Permitted ❑ Permitted on civic lots SC82 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 7: SIGNS (Cont). IC Sustainable Community Development Planned Unit Development RA RB RC m MA MB ® WP I Specifications Nameplate Sign a.Quantity(max) 1 -- _---.__ b.Area max 3 sf c.Width max 18 in d.Height max 2 ft "'`1 e.Depth/Projection max 3 in f.Clearance min 4 ft g.Apex max 7 ft ° • • • • h.Letter Height nla Outdoor Display Case a.Quantity 1 _. b.Area max 6 sf c.Width max 3.5 ft d.Height max 3.5 ft f.Depth I Projection max 5 in • • • • • • • g.Clearance min 4 k Ai h.Apex n/a ° i.Letter Height n/a I Shingle Sign a.Quantity 1 per facade,2 max b.Area 4 sf c.Width max 2 ft Lam` d.Height max 3 ft "`°, f.Depth 1 Projection max 2 ft ft - g.Clearance min 7 h.Apex n/a 1 1 • • • i.Letter Height max 8 in . Sidewalk Sign a.Quantity 1 per business b.Area max 8 sf c.Width max 26 in d.Height max 42 in f.Depth/Projection n/a g.Clearance n/a h.Apex max 42 in i.Letter Height n/a Window Sign a.Quantity 1 per window '��-�.,;.;�y b.Area max 25%of glass -'"�"`�,r„•�"�'�"` __ c.Width varies d.Height varies `""` I.Depth/Projection n/a ���—"�- g.Clearance 4 ft h.Apex n/a ° • • • • • ' • i.Letter Height max 8 in 0... i , 1 • Permitted ° Permitted on civic lots ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC83 CI TABLE 7: SIGNS (Cont). RESTORATION Sustainable Community Development Planned Unit Development RA RB RC m MA MB ® WP I Specifications Yard Sign a.Quantity 1 max per Lot b.Area max 6 sf c.Width max 3 ft not counting post) d.Height max 2 ft(not counting post) e.Depth I Projection nla f.Clearance min 3 ft to sign edge g.Apex max 6 ft to top of post • • • • • h.Letter Height max 8 in High-Rise Building a.Quantity 1 max per facade,2 per Building b.Area 2 sf max per linear ft of frontage c.Width max 30%width of applicable building facade d.Height max 8 ft e.Depth/Projection max 1 ft 1.Clearance min 3 ft to sign edge g.Apex nla h.Letter Height max 8 ft Multi-Tenant Sign a.Quantity 1 max per facade,2 per Building b.Area Subject to Design Review c.Width Subject to Design Review d.Height Subject to Design Review e.Depth I Projection Subject to Design Review f.Clearance Subject to Design Review g.Apex Subject to Design Review • • • • • h.Letter Height Subject to Design Review Should be architecturally consistent with the building(s)with which it associated. Ground Sign a.Quantity 1 max per facade,2 per Building b.Area 2 sf max per linear ft of frontage c.Width max 6 ft d.Height max 5 ft(single tenant) Bft(multi-tenant e.Depth/Projection 2 ft f.Clearance min 3 ft to sign edge • g.Apex 6 ft h.Letter Height max 18 in Should be architecturally con- sistent with the building with z4,> which it associated. Subject to Design Review Pole Sign Not permitted • Permitted SC84 o Permitted on civic lots pp R RR Permitted on where visible frorh t t rate ESERVED•©2012 CANIN ASSOCIATES, INC • RESTORATION TABLE 7: SIGNS (Cont). IC Sustainaoie Community Development Planned Unit Development RA RB RC IS MA MB ® WP I Specifications Multi Tenant Small a.Quantity 1 max per Lot Iiiiih, b.Area max 8 sf c.Width max 3 ft(not counting post) d.Height max 3 ft(not counting post) e.Depth I Projection n/a f.Clearance min 3 ft to sign edge g.Apex max 8 ft to top of post • • • h.Letter Height max 8 in ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC85 CI LIGHTING STANDARDS RESTORATION Sustainable Community Development Planned Unit Development C61 LIGHTING STANDARDS Intent The intent of the Lighting Standards for outdoor public and commons areas for the benefit and safety of residents and visitors shall be as follows: • To minimize roadway and sidewalk accidents through lighting for sufficient visibility • To contribute to personal safety • To provide sufficient lighting for nighttime commercial and recreational activities in mixed use areas. • To minimize the intrusion of unwanted light into residential and private windows • To minimize reduce skyglow and minimize impacts on adjacent natural habitats. • To have sidewalk lighting that is appropriately scaled for pedestrians • To encourage lighting fixtures and configurations that contribute to the aesthetics of the community • To minimize energy consumption • To accent architectural or landscape features Minimum Lighting Requirements Minimum lighting for streets,sidewalks,parking lots and other commonly accessible areas shall conform to the design recommendations of the Illuminating Engineering Society of North America(IESNA). Dark Sky and Light Trespass Light fixtures shall be used that minimize light trespass into windows of adjoining buildings,especially upper story windows and that limit light pollution resulting from light sources that direct light upward. • Full cut off light fixtures shall be used. • Upward directed lights shall be limited. They may be used in the case of architectural and signage lighting and in-ground lighting for pathways and designed in such a way to minimize undesirable light trespass. • Lighting should generally not exceed IESNA minimums by more than 15% except in areas of high nighttime activity outside of the RA designation. Fixture height • The light source of a standing fixture shall not be higher than 18 feet except in designations WP or MC,or along arterial roadways. • The light source of a standing fixture shall not be higher than 24 feet within designations WP or MC,or along arterial roadways Aesthetics • Light fixtures shall be consistent with the style of the community in which they are located. • Light fixtures shall generally be consistent in style on a given street within a given designation or on facing blocks. SC86 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION LIGHTING STANDARDS IC 6usta naaie Community Development Planned Unit Development Energy • The use of incandescent lights is discouraged. • The use of energy efficient light sources such as LEDs or efficient sources identified by the U.S. Green Building Council are encouraged. Construction and Maintenance • The Developer shall be responsible for the cost and management of construction and maintenance of lighting for public and common areas including street lights. The City shall not be responsible for the cost of construction or maintenance. • The Developer may delegate the responsibility for construction and/or maintenance of lighting to a power company, Owner's Association, Community Development District,or other entity. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC87 DI DEFINITIONS OF TERMS RESTORATION Sustainable Community Development Planned Unit Development GENERAL DEFINITIONS For the purposes of the Restoration SCD/PUD the following definitions shall be applicable: Accessory Building:a habitable secondary building on a lot usually located toward the rear of the same lot as a principal building sharing ownership and utilities connections with the principal building. It may be connected to the principal building with a passageway. Accessory Unit:an Apartment not greater than 650 square feet sharing ownership and utility connections with a Principal Building. Alley: a public or private right-of-way or easement primarily designated to serve as a means of vehicular access to the side or rear of abutting properties having principal lot frontage on a street or common space. Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting habitable space that overlaps the Sidewalk,while the Facade at Sidewalk level remains at the Frontage Line. Block:the aggregate of private Lots,Passages,and Rear Alleys,circumscribed by Thoroughfares. Civic/Institutional Use: Organizations dedicated to arts, culture, education, community, religion, recreation,government,transit and municipal parking. Community Garden:A type of open space dedicated to growing of food which may be common or privately owned. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 10. Courtyard Building:a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 9. Disposition:the placement of a building on its Lot. See Table 9 and Table 8. Dooryard:a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 10.(Variant:Lightwell,light court.) Driveway: provides vehicular access within a Lot. Edgeyard Building:a building that occupies the center of its Lot with Setbacks on all sides. See Table 9. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 14. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or hori- zontal regulatory limit,extending into a Setback,into the Public Frontage,or above a height limit. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 10. Frontage:the area between a building Facade and the vehicular lanes,inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 10. SC88 ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC 4 RESTORATION DEFINITIONS OF TERMS ID Susta name Community Development Planned Unit Development Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 8. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 10. Land Use Designation: A subarea of a Land Use District which specifies the dimensional requirements and uses permitted in different area of the project. (RA, RB, RC,TC, WP, MA, MB, MC)See Table 1 and Exhibit 3. Land Use District:One of the major development areas of the Restoration project as depicted on the Master Development Plan (SCD-R, TRC, MUTC, WP) See Exhibit 2 Live/Work Building: A mixed-use building intended for a residential unit and a commercial use,which may be anywhere within the unit.It is designed to be occupied by a business owner who lives in the same structure but this is not required.Standard accessibility and facility requirements shall apply. Lot:an area of land which abuts a street or alley or is part of a Pocket Neighborhood and is sufficient in size to meet the minimum area and width requirements for its Land Designation as established in the SCD/PUD.The word"lot"includes the word "plot", "tract"or"parcel". Lot Frontage: any portion of a lot which fronts upon a public, private street or common space (such as a Mew).The primary front line is that frontage on which the address of the property is except that where a lot fronts onto a common area the address may be given on the alley. Residential Density:the number of units divided by the acreage of the applicable parcel. For parcels containing multiple uses, residential density shall not be applicable. Residential Support Facilities:Neighborhood serving uses or buildings including but not limited to daycare facilities, bed and breakfast establishment,small office, commercial or retail establishments, live/work Setback:The distance between the frontage line and a structure.Typically this line is the property line and the property side edge of the sidewalk.In some cases it may be the edge of an easement where the sidewalk is part of the property. Activities permitted within the setback vary by Land Use Designation. Shared Parking Credit: an accounting for parking spaces that are available to more than one Function resulting in a reduction in required parking. See Table 4. Shopfront: a Private Frontage conventional for Retail use,with substantial glazing and an awning,wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 10. Sideyard Building:a building that occupies one side of the Lot with a Setback on the other side.This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 9. Square:a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed.See Table 3. Stoop:a Private Frontage wherein the Facade is aligned close to the Frontage Line 0 2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC89 DI DEFINITIONS OF TERMS RESTORATION Sustainable Community Development Planned Unit Development with the first Story elevated from the Sidewalk for privacy,with an exterior stair and landing at the entrance. See Table 10. Storage Building:A non-habitable secondary building at the rear of a lot. Such buildings are subject to setback requirements and if visible from the public realm, subject to design guidelines. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 11. Stepback: a building Setback of a specified distance that occurs at a prescribed number of Stories above the ground. See Table 11. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. Yield Street:a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. DWELLING TYPES for the SCD/PUD the following additional roadway definitions are applicable: Multi-family Residential:Any residential building that contains more than one attached residential unit(excluding accessory dwelling units). Single-family Residential: Any detached residential home consisting of a single residential unit.This definition is not intended to preclude an accessory dwelling unit or guest cottage. Live/Work:A residential lot designed to accommodate an attached or detached building with commercial/office uses, or a combination of the two within individually occupied live-work units, any of which may occupy any story of the building ROADWAY/STREETS for the SCD/PUD the following additional roadway definitions are applicable: (See also Exhibit 9) Multi-way Boulevard: a Thoroughfare of two (2)or more through lanes that incorporates on one or both sides a frontage lane separated by a raised island. Boulevard: a Thoroughfare of four (4) through lanes that incorporates a central landscaped median with trees, a tree lawn between the roadway and the sidewalk,and buildings enfronting the sidewalk Major Collector: a Thoroughfare of two(2)or more lanes designed primarily for traffic movement within and between residential neighborhoods,commercial and industrial areas and all other roads. Minor Collector:a Thoroughfare of two(2)or more lanes designed primarily as a connector of local streets to a major collector or arterial street. Traffic volumes should not exceed 15,000 VPD. Close: a minor street with only one (1) outlet terminating at one end with a turnaround that includes an island. The turnaround may be rectangular, oval or another irregular shape. Woonerf: a street(usually private) in which pedestrians and bicyclists have legal priority of movement. The posted speed limit is very low (15 mph or less) and design may include irregularities intended for traffic calming and to accommodate a variety of supporting uses and activities. SC90 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION DEFINITIONS OF TERMS - SIGNAGE ID Sustainable Community Development Planned Unit Development DEFINITIONS OF TERMS FOR SIGNAGE Address Sign:a sign,generally applied to a building wall,that displays a building's address. Apex:the highest point of a sign as measured from the point on the ground where its structure is located,or,if no sign structure is present,from the point on the ground directly below the sign itself. Awning Sign: lettering applied directly on the Valance or other vertical portion of an awning. Band Sign: a sign that is attached flat on the exterior front, rear or side wall of any building or other structure. (Syn:wall-mounted sign,fascia sign) Blade Sign: a sign mounted on the building Facade, projecting at a 90-degree angle. (Syn: projecting sign) Channel Letters: removable letters that fit into channels on a sign or Marquee. Clearance:the height above the walkway,or other surface if specified,of the bottom edge of an element. Marquee: a structural feature of a building that provides shelter and sign space. Message Board: a sign with changeable text. Non-electronic Message Boards typically consist of letters attached to a surface within a transparent display case. Electronic Message Boards typically have a fixed or changing message composed of a series of lights. Nameplate: a sign consisting of either a panel or individual letters applied to a building, listing the names of businesses or building tenants. Outdoor Display Case:a sign consisting of a lockable metal or wood framed cabinet with a transparent window or windows,mounted onto a building wall or freestanding support. It allows the contents,such as menus or maps,to be maintained and kept current. Shed Awning: an awning with two short sides in addition to the main canopy. Shingle Sign: a small Blade Sign usually mounted on the ground floor level, dis- playing a building's professional tenant directory. Sidewalk Sign:a movable freestanding sign that is typically double-sided, placed at the entrance to a business to attract pedestrians.(Var:sandwich board,A-frame sign.) Signband: the horizontal signage area on a Valance or Marquee. Valance:the portion of an awning that hangs perpendicular to the Sidewalk. Window Sign: a sign placed or painted on the interior of a Shopfront window or the window of a business door. Yard Sign: a permanent freestanding sign in the Private Frontage, including a supporting post or posts. ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC91 DI DEFINITIONS OF TERMS - LANDSCAPE RESTORATION Sustainable Community Development Planned Unit Development DEFINITIONS OF TERMS-LANDSCAPING STANDARDS Adventive Species:a plant that may be native to the continent or greater bioregion but is found growing outside its natural range; a species not regionally or locally native nor fully established, but locally present or temporarily naturalized. Caliper: diameter of a Tree trunk. The term "caliper" is used for Trees less than twelve (12) inches in diameter. For Trees less than four(4) inches in diameter, it its measured six (6) inches from the ground. For Trees between four (4) inches and twelve (12) inches in diameter, it is measured twelve (12) inches from the ground. Critical Root Zone(CRZ):a circular area centered on the trunk of an existing Tree that has a radius of twelve(12) inches to every inch of Diameter at Breast Height (DBH)of the Tree. Diameter at Breast Height(DBH):a standard method of expressing the diameter or the trunk or bole of a standing (existing)Tree measured 4.5 feet[1.3 m]above ground in existing Tree surveys. Deciduous: a Tree or Shrub which sheds its foliage at the end of each growing season. Evergreen: a Tree or Shrub whose foliage persists year round. Plants typically associated with the upright conical or pyramidal Tree forms and needle foliage of coniferous Trees(i.e.pine,spruce,fir,etc.),but which may also include plants with broadleaf foliage and rounded or spreading Tree forms (i.e., Yaupon Holly, Live Oak,etc.). Exotic Species: a plant introduced from another geographic region to an area outside its natural range. For the purpose of this code, this term shall be used primarily to describe conventionally cultivated and hybridized species of non-native plants that are non-invasive and regarded as suitable for and applicable to local landscaping. Exotic Invasive Species: a noxious exotic plant reproducing outside its natural range and outside cultivation that disrupts naturally occurring plant communities by altering structure, composition, natural processes or habitat quality. Hardscape Area:the area of a lot or parcel including building footprints,driveway and walkway pavements, paved courts and other impervious areas. Irrigation System: a permanent underground piping and distribution system designed using industry standard methods to provide efficient irrigation coverage over a landscaped area. Landscape Area: the area of a lot or parcel exclusive of building footprints that includes a balance of softscape and hardscape elements. Mulch: a protective covering consisting of organic materials customarily used in landscaping and placed around plants to retain soil moisture,retard erosion,shield roots from freezing,and inhibit weed growth. Native Species: a plant occurring within local jurisdictional boundaries prior to foreign contact, according to the best scientific and historical documentation.This includes species that are considered indigenous,occurring in natural associations with habitats that existed prior to significant anthropogenic impacts and alteration to the landscape. SC92 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION DEFINITIONS OF TERMS - LANDSCAPE ID Sustainable Community Development Planned Unit Development Shrub: a deciduous or evergreen woody plant with single or multiple trunks or multiple leaders and with a mature height generally not expected to exceed fifteen (15')feet. Softscape Area:the area of a lot or parcel exclusive of building footprints,driveway and walkway pavements, and other impervious hardscape areas, and inclusive of ponds, pools,water features,trees and plant materials. Sports Field: Civic Space designed for structured play. Tree: a woody plant with an expected mature height of thirty feet or more and possessing either a single trunk or multiple trunks. Trees are often described in subcategories by common attributes and the functions they serve,such as: i.Canopy Tree: a redundant term as all Trees have canopies; analogous to the term Shade Tree. ii. Coniferous Tree: any Tree with needle leaves and a woody cone fruit. iii.Ornamental Tree: an Understory Tree planted primarily for its aesthetic value and as a landscape focal point,as opposed to its function of shading or screening even though it may perform all three functions. iv. Shade Tree: often a deciduous Tree planted primarily for its overhead canopy and the quality of the shade it provides. v.Small/Medium/Large(Tree or Shrub):a means of categorizing Trees or Shrubs based upon their canopy or spread at maturity assuming proper maintenance and normal growing conditions and which serves the purpose of allowing for their proper spacing in landscape plans. vi. Street Tree: a Tree planted that is an element of a Thoroughfare assembly. Typically a shade tree. vii. Specimen Tree: a particularly impressive or unusual example of a species due to its size,shade,age,or any other trait that epitomizes the character of the species. viii. Understory Tree: a small to medium sized Tree with an expected mature height less than thirty feet and a canopy which may or may not offer a sufficient clearance height for pedestrians beneath. Turfgrass:a continuous plant coverage consisting of a grass species that is regularly mowed to maintain a desired height. Xeriscape:a method of landscaping that emphasizes water conservation,accom- plished by following sound horticultural and landscaping practices,such as planning and design,soil improvement, limited turf areas, use of mulches, use of low-water demand plants, efficient irrigation practices and appropriate maintenance. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC93 DI TABLE 8. DEFINITIONS ILLUSTRATED RESTORATION able Community Development Planned Unit a.THOROUGHFARE&FRONTAGES ..,r *VP Building Private Public Vehicular Public Private I Building Frontage Frontage Lanes Frontage Frontage Private Lot Thoroughfare(R.O.W.) Private Lot b.TURNING RADIUS c.BUILDING DISPOSITION I t I I I I I I I \ m n, I •I a"/ g I I —•—•—•—•—•—•—•—•—•—• > I I V I 1-Principal Building _\) / 1 I 2-Backbuilding I I / 1-Radius at the Curb 3-Outbuilding ——UM- 2-Effective Turning Radius(±8 ft) —._._._._._._. ._._._._._._ I,i d.LOT LAYERS e.FRONTAGE&LOT LINES j � 3rd layer 4 4 I I i 21 v 2 i j 4 4 4 3 1 j 2nd layer iI 1-Frontage Line i • 3 3 j 2-Lot Line Principal(Frontage j 1st layer I I -._._._._._._.l._._._._._.__I_ ♦ _ 1.—.—.—___j 3-Facades 1 1 — 4-Elevations I/ I/ 0., T -o m N c N IMF -4 f.SETBACK DESIGNATIONS g. NETWORK-BASED PEDESTRIAN SHED 3 i 3 • i A N2J ;�. frifr I I _ t ! - ► 11 :s 2 j1 I IC j 1-Front Setback .,„,• • 2-Side Setback �'d ' �* � 1 i 1 I 3-Rear Setback 's, I/ SC94 ALL RIGHTS RESERVED '©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 9. BUILDING DISPOSITION ID Sustainable Community Development Planned Unit Development TABLE 9: Building Disposition. This table approximates the location of the structure relative to the boundaries of each individual Lot,establishing suitable basic building types for each Land Designation. a.Edgeyard:Specific Types-single family House,cottage,villa,estate house,urban villa.A building RA I that occupies the center of its Lot with Setbacks on all sides.This is the least urban of types as the front yard sets it back from the Frontage and side lot lines.The front yard is intended to be I RC visually continuous with the yards of adjacent buildings.The rear yard can be secured for privacy I by fences and a well-placed Backbuilding and/or Outbuilding. MA I J b.Sideyard:Specific Types-Charleston single house,double house,zero lot line house,twin. A i R building that occupies one side of the Lot with the Setback to the other side.A shallow Frontage 1 m Setback defines a more urban condition.If the adjacent building is similar with a blank side wall, the yard can be quite private.This type permits systematic climatic orientation in response to the I sun or the breeze.If a Sideyard House abuts a neighboring Sideyard House,the type is known "'--------'---'i WP ■ as a twin or double House.Energy costs,and sometimes noise,are reduced by sharing a party wall in this Disposition. I MA I I c.Rearyard:Specific Types-Townhouse,Rowhouse,Live-Work unit,loft building, Apartment I All House,Mixed Use Block,Flex Building,perimeter Block.Abuilding that occupies the full Frontage, I leaving the rear of the Lot as the sole yard.This is a very urban type as the continuous Facade i steadily defines the public Thoroughfare.The rear Elevations may be articulated for functional purposes.In its Residential form,this type is the Rowhouse.For its Commercial form,the rear ------------1 yard can accommodate substantial parking. i � j I d.Courtyard:Specific Types-patio House.A building that occupies the boundaries of its Lot while I RB internally defining one or more private patios.This is the most urban of types,as it is able to shield j the private realm from all sides while strongly defining the public Thoroughfare.Because of its I RC ability to accommodate incompatible activities,masking them from all sides,it is recommended I m for workshops,Lodging and schools. —•—•—•—•—•—•—•—.—.—.—•a I WP ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC95 DI TABLE 10. PRIVATE FRONTAGES RESTORATION Sustainable Community Development Planned Unit Develop TABLE 10:Private Frontages. The Private Frontage is the area between the building Facades and the Lot lines. SECTION PLAN LOT■ • R.O.W. LOT I. 4 R.O.W. PRIVATE■ 4 PUBLIC PRIVATE■ • PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a. Common Yard: a plantec Frontage wherein the Facade is set back 'm RA substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a 1' Ill icommon landscape.The deep Setback provides a buffer from the higher speed Thoroughfares. ' I ' b.Low Fence:a planted Frontage wherein the Facade is set back from the -; I ! • 0 R Frontage Line with an attached porch or portico permitted. A low fence or I I small change in elevation with a retaining wall at the Frontage Line maintains .. •rr- street spatial definition.Porches and porticos shall be no less than 8 feet I sie li m deep.Porches shall be raised at least 3 feet.. g I c.Terrace or Lightwell:a Frontage wherein the Facade is set back from II �'I` R the Frontage line by an elevated terrace or a sunken Lightwell.This type _ buffers Residential use from urban Sidewalks and removes the private yard �IIIII rt El from public Encroachment.Terraces are suitable for conversion to outdoor Ili m cafes.Syn:Dooryard. 1 1 i1 d.Forecourt:a Frontage wherein a portion of the Facade is close to the '' : I I R Frontage Line and the central portion is set back. The Forecourt created may be suitable for vehicular drop-offs.This type should be allocated in 1 •1. conjunction with other Frontage types.Large trees within the Forecourts 41, i i m may overhang the Sidewalks. . e.Stoop:a Frontage wherein the Facade is aligned close to the Frontage Line ' '� _ I: 'II R with the first Story elevated from the Sidewalk sufficiently to secure privacy for the windows.The entrance is usually an exterior stair and landing.This type is recommended for ground-floor Residential use. I III Ili�al` rail f. Shopfront:a Frontage wherein the Facade is aligned close to the Frontage I t f ep R% Line with the building entrance at Sidewalk grade.This type is conventional c. for Retail use. It has a substantial glazing on the Sidewalk level and an awning that may overlap the Sidewalk to within 2 feet of the Curb.Syn: •. a'io, Retail Frontage. I I CI U la g.Gallery:a Frontage wherein the Facade is aligned close to the Frontage line 1l RBIC with an attached cantilevered shed or a lightweight colonnade overlapping the Sidewalk.This type is conventional for Retail use.The Gallery shall be I I I • no less than 10 feet wide and may overlap the Sidewalk to within 2 feet of I m the Curb. • h.Arcade:a colonnade supporting habitable space that overlaps the Sidewalk, I .i RBIC while the Facade at Sidewalk level remains at or behind the Frontage Line. I T ICI his type is conventional for Retail use.The Arcade shall be no less than 12 feet wide and should overlap the Sidewalk to within 2 feet of the Curb. I I See Table 8. ! 1 I Eli SC96 ALL RIGHTS RESERVED•©2012 CANIN ASSOCIATES, INC RESTORATION TABLE 11. BUILDING CONFIGURATION ID 3ustainaoie Community Development Planned Unit Development TABLE 11:Building Configuration. This table shows the Configurations for different building heights for each Designation. It must be modified to show actual calibrated heights for local conditions. Recess Lines and Expression Lines shall occur on higher buildings as shown. N=maximum height as specified in Table 14k. RA RB MA RC Let►.R.OW. ...IL—Max.height Lot►1 R.O.W. N Lot►4 ROW 4 i I Max.height N 3 I Max.height I -• Expression Line I 1 I 2 i r; t TC RC MC MB WP Lot ►iR.O.W. Max.height Lot•LROW N Max.height 6 5 5 4 4 3 3 2 2 7 t Stepbacks/Arcade Heights.The diagrams below show Arcade Frontages.Diagrams above apply to all other Frontages. TC RC MB WP Lot OW. II —Max.height Lot ►V RO.W. 8 Max.height 6 6 5 5 4 Arcade max. 3 11,111 11.1111111 Er" ©2012 CANIN ASSOCIATES, INC, 'ALL RIGHTS RESERVED SC97 RESTORATION Sustainable Community Development Planned Unit Development SC98 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC RESTORATION APPENDIX I. TRANSECT ZONE DESCRIPTIONS Sustainabie Community Deveiopment Planned Unit Development Appendix I:Transect Zone Descriptions.This table provides descriptions of the character of each T-zone. ® T-1 NATURAL T-1 Natural Zone consists of lands General Character: Natural landscape with some agricultural use approximating or reverting to a wilder- Building Placement: Not applicable • ness condition,including lands unsuit- Frontage Types: Not applicable able for settlement due to topography, Typical Building Height: Not applicable hydrology or vegetation. Type of Civic Space: Parks,Greenways - faa ElT-2 RURAL T-2 Rural Zone consists of sparsely General Character: Primarily agricultural with woodland&wetland and scattered buildings settled lands in open or cultivated states. Building Placement: Variable Setbacks These include woodland, agricultural Frontage Types: Not applicable land, grassland, and irrigable desert. Typical Building Height: 1-to 2-Story Typical buildings are farmhouses,agri- Type of Civic Space: Parks,Greenways cultural buildings,cabins,and villas. ElT-3 SUB-URBAN T-3 Sub-Urban Zone consists of low General Character: Lawns,and landscaped yards surrounding detached single-family density residential areas, adjacent to houses;pedestrians occasionally higher zones that some mixed use. Building Placement: Large and variable front and side yard Setbacks Home occupations and outbuildings Frontage Types: Porches,fences,naturalistic tree planting are allowed.Planting is naturalistic and Typical Building Height: 1-to 2-Story with some 3-Story setbacks are relatively deep. Blocks Type of Civic Space: Parks,Greenways may be large and the roads irregular to accommodate natural conditions. T4 T-4 GENERAL URBAN T-4 General Urban Zone consists of General Character: Mix of Houses,Townhouses&small Apartment buildings,with scat- a mixed use but primarily residential teredCommercialactivity;balancebetweenlandscapeandbuildings; urban fabric.It may have a wide range presence of pedestrians of building types:single,sideyard,and Building Placement: Shallow to medium front and side yard Setbacks rowhouses.Setbacks and landscaping Frontage Types: Porches,fences,Dooryards are variable.Streetswith curbs and side- Typical Building Height: 2-to 3-Story with a few taller Mixed Use buildings walks define medium-sized blocks. Type of Civic Space: Squares,Greens mT-5 URBAN CENTER T-5 Urban Center Zone consists of General Character: Shops mixed with Townhouses,larger Apartment houses,Offices, higher density mixed use building that workplace,and Civic buildings;predominantly attached buildings; accommodate retail,offices,rowhouses trees within the public right-of-way;substantial pedestrian activity and apartments. It has a tight network Building Placement: Shallow Setbacks or none;buildings oriented to street defining a of streets,with wide sidewalks,steady street wall street tree planting and buildings set Frontage Types: Stoops,Shopfronts,Galleries close to the sidewalks. Typical Building Height: 3-to 5-Story with some variation Type of Civic Space: Parks,Plazas and Squares,median landscaping T6 T-6 URBAN CORE T-6 Urban Core Zone consists of the General Character: Medium to high-Density Mixed Use buildings,entertainment,Civic highest density and height, with the and cultural uses.Attached buildings forming a continuous street --_ greatest variety of uses,and civic build wall; trees within the public right-of-way; highest pedestrian and ings of regional importance.It may have transit activity larger blocks,streets have steady street Building Placement: Shallow Setbacks or none;buildings oriented to street,defining a tree planting and buildings are set close street wall to wide sidewalks.Typically only large Frontage Types: Stoops,Dooryards,Forecourts,Shopfronts,Galleries,and Arcades towns and cities have an Urban Core Typical Building Height: 4-plus Story with a few shorter buildings Zone. Type of Civic Space: Parks,Plazas and Squares;median landscaping ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC99 RESTORATION Sustainable Community Development Planned Unit Development SC1 OO ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC RESTORATION APPENDIX II. PLANTING PALETTE 6usEainable Community Development Planned Unit Development Appendix II. Recommended Plant Material List The selection of plant material for landscaping is essential to the development of an ecologically appropriate and aesthetically pleasing community.The material selected for installation should be consistent with the community character and scenery and consistent with Florida Friendly landscape practices. • Materials native to Central Florida are encouraged. • The Master Developer may utilize ornamental or decorative plants that are not classified as drought tolerant,however,the landscaping of Restoration will be seventy-five percent (75%)drought tolerant vegetation adapted to the conditions present. • Grassed areas shall be of a minimal extent and limited to areas expected to receive heavier foot traffic.All grass areas shall be sodded with drought tolerant turf grass or ground cover included in this appendix, or other appropriate approved turf grass or ground cover.Lake banks,upland conservation areas,and/or other"naturalized"areas are excluded from this requirement. • All plant material shall be of Florida Number 1 or better,as graded in the Florida Grades and Standards for Nursery Plants. • Unless otherwise stated,the proposed plants materials shall be of a type appropriate for the site conditions. • Other plant materials may be approved if they meet the goals of this code being appropriate to the climate, the ecology and the aesthetics of the community. Plants that are acceptable for a given location according to the SJRWMD Water Wise Plant Guide or the University of Florida's Florida Friendly Plant list are assumed to meet the ecological goals of the community. • Vegetable and Food Gardens and trees are not subject to these requirements except that they may not include invasive species. ©2012 CANIN ASSOCIATES, INC. •ALL RIGHTS RESERVED SC101 APPENDIX II. PLANTING PALETTE RESTORATION Sustainable Community Development Planned Unit Development RECOMMENDED PLANT MATERIAL LIST The following plant materials are suitable to the character of the community and the environment of Central Florida and should be used in residential landscape design. It is desirable to have at least 60%of plants selected for the site to be Native.Grasses used for turf(or groundcovers used instead of turf)are exempt from this calculation. In no case shall plants listed as category I or II exotic invasive plants by the Florida Exotic Pest Plant Council (including commonly sold Mexican petunia, asparagus fern, camphor tree, nandina, schefflera,bottlebrush,pothos,fountain grass,wedelia,oyster plant)be used or allowed to become established. TREES IBotanical Name Common Name Native Street Trees I Acer rubrum Red Maple x Betula nigra River Birch x Carpinus caroliniana Musclewood x Cercis canadenis Redbud x Chionanthus pygmaeus Pygmy fringetree x Citharexylum spinosum (=c.fruitico- Fiddlewood x sum) Citrus spp. Oranges,grapefruit,limes Diospyros virginiana Common Persimmon x Gordonia lasianthus Loblolly Bay x Ilex cassine Dahoon holly x Lagerstroemia india natchez Natchez White Crape Myrtle Ligustrum japonicum Ligustrum Liquidamber syraciflua Sweet Gum x Liriodendron tulipfera Tulip tree x x Magnolia grandiflora Southern Magnolia x x Magnolia virginiana Sweetbay x Persea borbonia Redbay x Pinus palustris Long leaf Pine x Pinus taeda Lolblolly Pine x Plantanus occidentialls Sycamore x Prunus augustifolia Chickasaw Plum x x Quercus laevis Turkey oak x Quercus laurifolia Laurel Oak x Quercus nuttalli Nuttail Oak x Quercus shumardii Shumard Red Oak x Quercus virginia Live Oak x x Sabal palmetto Sabal palm x Taxodium ascendens Pond Cypress x Ulmus alata Winged Elm x x See Landscaping Standards SC102 ALL RIGHTS RESERVED'©2012 CANIN ASSOCIATES, INC ..._.................... RESTORATION APPENDIX II. PLANTING PALETTE Ju5idh;dule L;ommunity Development Piannea Unit Development GROUNDCOVER IBotanical Name Common Name Native Agapanthus africanus Lily of the Nile Arachis glabrata"Ecoturf" Perennial peanut Coreopsis spp. Tickseeds x Gaillardia pulchella Blanket flower x Gelsemium sempervireus Carolina jessamin x Helianthus debilis Beach sunflower x Hemerocallis Aztec Gold Dwarf Yellow Daylily Hemerocallis'Bitsy' Bitsy Daylily Iris hexagona savannarum Prairie Iris x Lantana "Gold Mound" Gold mound lantana Lantana depresse var.depressa Rockland lantana Lobelia cardinalis Cardinal flower x Lonicera sempervireus Coral honeysuckle x Mimosa strigillosa Sunshines/Powderpuff mimosa Muhlenbergia capilaris Muhly Grass x Rudbeckia hirta Black Eyed Susan x Spartina bakeri Cordgrass x Spartina patens Saltmeadow cordgrass x Stachytarpheta jamaicensis Blue Porterweed x Trachelospermum asiaticum Asiatic jasmine Tripsacum dactyloides Fakahatchee grass x Tripsacum floridanum Florida gama grass x TURF Botanical Name Common Name Native Cynodan dactylon Bermuda grass Ermochloa ophiuroides Centipede grass Zoysia japonica Zoysia grass Paspalum notatum Bahiagrass SHRUBS Botanical Name Common Name Native I Callicarpa americana Beauty Berry x Camellia sasanqua Sasanqua Cameilia Cephalanthus occidentalis Buttonbush x Codiaeum variegatum Croton Duranta repens Golden Dewdrop x Forestieria segregata Florida privet x Galphimia gracilis Thryallis ©2012 CANIN ASSOCIATES, INC. 'ALL RIGHTS RESERVED SC103 APPENDIX II. PLANTING PALETTE RESTORATION Sustainable Community Development Planned Unit Development Gardenia jasminoldes Gardenia Gardenia'radicans' Dwarf gardenia Gelsemium sempervirens Carolina Jessamine x Hamelia patens Firebrush x Hibiscus spp. Hibiscus Hydrangea macrophylla Garden hydrangea Hydrangea quercifolia Oakleaf hydrangea x Ilex cassine Dahoon holly x Ilex comuta "Burfordi" Burford holly Ilex comuta"Dwarf Burford" Dwarf Burford holly Ilex glabra Gallberry x Ilex vomitoria Yaupon Holly x Ilex vomitoria'Schellings dwarf' Schellings dwarf holly x Ilicium floridanum Florida anise x Ilicium parviflorum Yellow Anise x 'tea virginica Virginia willow x Lonicera sempervirens Coral Honeysuckle x Myrciathes fragrans Simpson stopper x Myrica cerifera Wax Myrtle x Plumbago auricualta Leadworl/Plumbago Podocarpus macrophylius'maki' podocarpus Rhaphiolepis indica Indian hawthorne Sabel etonia Scrub palmetto x Serenoa repens Saw Palmetto x Spartina bakeri Cord grass x Tripsacum dactyloldes Fakahatchee x Tripsacum floridaum Florida gama Grass x Viburnum obovatum Walters Viburnum x Zamia pumila/Z. floridana Coontie x SC104 ALL RIGHTS RESERVED •©2012 CANIN ASSOCIATES, INC AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING September 24, 2012 RESOLUTION September 24, 2012 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution No. 2012-R-10 Modifying Purchasing Policy. BACKGROUND: Per Resolution 2009-R-18 the Finance Director and Department Directors shall review the Policy annually and submit recommendations to the City Manager for review and approval. This update contains all of the staff recommendations. The revised policy is very broad in scope and attempts to cover all types and stages of the procurement process. STAFF RECOMMENDATION: Staff recommends City Council approve Resolution No. 2012-R-10 herein referred to as The Purchasing Policy. ACTION REQUESTED: Motion to approve Resolution No. 2012-R-10 Purchasing Policy, which complies with Florida Statutes. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Respectful • submitted, C urrence: J f than C. McKinney Robin L. Matusick Finance Director Paralegal racey . Barlow City Manager RESOLUTION NO. 2012-R-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, UPDATING/RESTATING THE CITY OF EDGEWATER'S PURCHASING POLICY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the City Charter, the City Manager has the responsibility for managing a purchasing program for the City; WHEREAS, the City Manager requests that City Council update/restate the existing Purchasing Policy that the City of Edgewater approved during the Council meeting held on October 20, 2009 pursuant to the adoption of Resolution#2009-R-18. WHEREAS, in an effort to be consistent with current laws and policies, City Council wishes for the City of Edgewater to update/restate the existing City of Edgewater Purchasing Policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The City Council hereby updates/restates the City of Edgewater Purchasing Policy and all purchases as provided for therein shall be procured in accordance with said policy, a copy of which is attached and incorporated herein as Exhibit "A". Section 2. All conflicting purchasing policies are superseded by this policy. Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 4. This resolution shall take effect upon adoption. After motion by and second by , the vote on this resolution was as follows: AYE NAY Mayor Michael Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this day of June, 2012. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie A. Wenzel Michael 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 Edgewater at a meeting held on the and legality by: Aaron R. Wolfe, Esquire day of June, 2012 under Agenda Item City Attorney 8 Doran, Sims, Wolfe&Kundid Purchasing Policy City of Edgewater, Florida City of VD GE1IATE. Dated October....19,...2009 September 24, 2012 FOREWORD The Finance Department prepared this "Purchasing Manual" to serve as the basis for purchasing policies and procedures for the City of Edgewater. The city Council of Edgewater Florida recogrnzes hat some centralized.purchasing is a necessary function of effective government and declares it shall bethe responsibility of th.e... Finance Department Director to consider opportunities to centralize some purchases of supplies, equipment, and services for various functions within the City. The purchasing function involves the procurement of materials, supplies, equipment, and services at best value, consistent with the quality needed to meet the required standards established and approved by the Edgewater City Council. Our goal is the promotion of the best interest of the City of Edgewater through intelligent action and fair dealings, resulting in obtaining maximum savings for the City. Rules and regulations are necessary for the proper operation of the purchasing function and it is essential all who are involved in the purchasing operation be well informed. This manual was developed to aid all employees, volunteers and Board Trustees directly or indirectly associated with the function of purchasing. All City Departments and Boards shall com•I with this Purchasing Policy. Florida Statutes will prevail for all Items not expressly covered within the Purchasing Policy_ The objectives of the Finance Department are as follows: 1. To deal fairly and equitably with all vendors wishing to do business with the City of Edgewater. 2. Provide professional procurement services for all our customers within the City. 3. Assure adherence to all laws, regulations, and procedures related to City procurement. 4. Maximize competition for all procurements of the City. 5. Obtain maximum savings through innovative buying and application of value analysis techniques. 6. Purchase goods and services at the best value if not lowest price, consistent with quality performance, and delivery requirements from capable vendors meeting the City's requirements. • 2 ...... 3 TABLE OF CONTENTS SECTION TITLE PAGE I Requisitions 4 II Purchase Orders 7 III Solicitation and Approval Level Thresholds 8 IV Emergency Purchases 10 V Change Orders 11 VI Blanket/Inverted Purchase Orders 12 VII Quotations and Bids 13 VIII Competitive Procurements(IFB, RFP, RFI, RFQ) 16 IX Professional Services (CCNA) 17 X Procedures for Multiple Consultants under CCNA 20 XI Design-Build and/or Design-Build Operating Services 23 XII Evaluation of Proposals and Recommendation for Award 26 XIII Bond and Bid Security 29 XIV Contracts and Contract Processing 30 XV Purchases Not Requiring Bids 31 XVI Purchasing Cards 34 XVII Vendor Complaints and Disputes (Protests) 39 XVIII Capital Assets Tracking 40 XIX Invoices 41 XX Receipt of Goods and Materials 42 XXI Minority Business Participation 43 XXII Vendor Evaluation 44 XXIII Conflicts of Interest 45 XXIV Purchasing Policy Adoption 46 4 SECTION I REQUISITION PURPOSE: The City of Edgewater currently utilizes the Sungard HTE procurement and inventory module for on-line procurements. Approved requisitions signify authority to charge a specific fund and cost center, and signify that the department has verified there are sufficient funds for the purchase. DEFINITION:A requisition is a written or computerized request to the Finance Department for the procurement of goods or services from suppliers. PURCHASING RESPONSIBILITIES: 1. To become acquainted with the needs of our customers by utilizing purchasing teams made up of department and Finance Department personnel. 2. To aid and cooperate with all departments in meeting their needs for operating supplies and equipment at the best value and least cost to the City of Edgewater. 3. To assist in the preparation or review of specifications for all requirements. 4. To locate the sources and availability of needed products. 5. To process all requisitions and purchases with the least possible delay, in accordance with City procedures. 6. To work with the supplier in correlating all the steps involved in completing a purchase, including purchase order follow-up and tracing. 7. To assist the department with any difficulty after the product has been delivered or service rendered. 8. To notify the user department of any changes in the use of the suggested vendor as proposed by the user department, and any other probable changes such as price or delivery. DEPARTMENT RESPONSIBILITIES: 1. Allow sufficient time for the Finance Department to process and / or place the order and for the supplier to deliver. 2. Advise the Finance Department if the requisition is a defined emergency as stated in Section III. 5 3. Write clear and accurate description of materials and equipment to be purchased and its intended purpose. Specifications should be typed and either e-mailed or hand carried to the Finance Department. 4. Prepare generic specifications for items requiring a technical or engineering background. 5. List anticipated requirements in advance, when possible. Involve the Finance Department at the time the need is determined or as early as possible. 6. Keep the Finance Department advised of any abnormal demands. PLAN AHEAD! 7. Under no circumstances is the City of Edgewater to be obligated by departments in any manner whatsoever without prior approval. 8. Cooperate with Finance Department by reporting, in writing, the results of purchases -- either favorable or unfavorable. If you have complaints, REPORT THEM. 9. Advise the Finance Department of any known supplier(s). 10. List any quotes obtained by vendor name, individual contacted, and price obtained (by line item). Check with the Finance Department for additional sources. 11. Verify that all sources of funds identified on the requisition are properly coded. 12. Specify correct commodity code of items to be purchased. 13. Be sure funds are allocated and available in the referenced fund/accounts to support purchases. 14. Be sure the purchase is for a"public purpose", unless specifically exempted by City rules or regulations. WHEN PREPARED: Purchase Requisitions must be submitted to Finance, far enough in advance to permit the Finance Department to obtain competitive prices and to allow sufficient time for deliveries to be made. User Departments should take into account the time necessary to obtain Council award approval and administrative approvals in planning for their procurements. The Finance Department can assist you with this planning. SPECIAL SITUATIONS: Agencies should identify requisitions requiring special handling for the purchase of materials to prevent downtime but which are not strictly emergencies. These must be held to a minimum. These should only be used in cases of required purchases with a justification as to the urgent need. Competitive verbal pricing should be obtained wherever possible. 6 WHO PREPARES: All requisitions shall be authorized by the Department Director or designated authority. Requisitions should originate in the department at the level where the purchase is to be used and routed to the designated approval authority prior to being sent to Finance Department. Requisitions not properly authorized will not be accepted by the on-line system. ROUTING: 1. For all purchases under $25,000.00, the requisitioning agency will enter the requisition into the on-line system for issuance of a purchase order. The following guidelines for quotes will be followed: a. Competitive quotes are not required for purchases under $2T5005,000.00. b. Three informal quotes are required for purchases from $2;500 5,001 -$1-8 00915,000. The Department normally obtains these. c. Three formal quotes are required for purchases from $1415,001 - $24,999. •- - - a= - - - .•-•.- !-:.••• • The Department will obtain formal quotes and forward to Finance. 2. For all purchases $25,000.00 or greater, the requisitioning Department will enter the requisition, and then assure that City Council approval is obtained for award, either of the solicitation or other Council direction. 3. Upon receipt of the requisition in the Finance Department and dependent on the dollar amount, formal quotations, bids or proposals will be solicited. A purchase order or a contract will be issued upon completion of this process. 4. If the requisition is incomplete or not properly prepared, the Finance Department will notify the originating department. 5. For all purchases of capital goods or services, regardless of the dollar amount, the requisitioning Department will enter the requisition into the system assuring appropriate approvals are obtained, unless approved by the Finance Director and under$25,000. REVIEW OF SPECIFICATIONS-OTHER DEPARTMENTAL APPROVALS REQUIRED: Prior to issuance of bids or the processing of a requisition with specifications included, review of the items to be purchased and the specifications for certain commodities and services must be made by other departments within the City to assure open competitive bidding, compatibility, standardization, and up-to-date specifications. The following are mandated reviews: TYPE OF EQUIPMENT/SERVICE REQUESTED DEPARTMENT REVIEW Information Technology Equipment Management Information Systems Vehicles/Heavy Equipment Fleet Maintenance Radios/Communication Equipment Management Information Systems Telephones (Internal System Only) Management Information Systems PLEASE ENSURE THE ABOVE APPROVALS ARE OBTAINED PRIOR TO SUBMITTAL TO THE FINANCE DEPARTMENT. SECTION II PURCHASE ORDERS PURPOSE: A purchase order authorizes the vendor to ship and invoice the materials and services as specified. Purchase orders will be written to be clear, concise and complete, preventing any misunderstanding and/or unnecessary correspondence with suppliers. DEFINITION: A legally binding document prepared by a purchaser to describe all terms and conditions of a purchase. WHEN ISSUED: Pre-numbered computer generated purchase orders will be issued upon receipt of a properly authorized requisition, after receipt of competitive bids, determination whether funds are available, and Council approval as necessary. No purchase orders will be issued after the fact unless it is a documented emergency situation. WHO ISSUES: Only the Finance Department shall issue purchase orders. The department will not enter into negotiations with any supplier for the purchase of supplies, services, materials or equipment. The Finance Department will transmit all purchase orders to the supplier. ROUTING OF ORDER: A standard purchase order form is used to make all purchases. Purchases over$2T500-005,000.00 require a copy of the purchase order to be provided to the vendor. The purchase order form for purchases under $2,500:005,000.00 is sent to the vendor upon request by department. FOLLOW-UP AND TRACING: Departments should track order progress after placing the order. If a problem is incurred, the department should then contact the Finance Department for assistance. DIFFICULTIES AFTER RECEIPT OF SERVICE OR ITEM: Upon request from the department, the Finance Department shall handle with the vendor any problems or difficulties with outstanding orders or contracts and received items or services. See Section XIV of this manual for further details. PRE-PAYMENT PROCEDURES: On those items where prepayment is needed, the original documents showing that pre-payment is required will be forwarded to the Finance I Department as the authorization to issue a check with a manual check request. These should be kept to a minimum. The purchasing card should be used for items that require I pre-payment if under$2,5005,000.00. REGISTRATION FEES AND TRAVEL: Registration fees and travel for seminars and conferences for in-City and out-of-City travel are handled via Travel Authorization forms as per City Policy and Procedures. These requests are not processed through the Finance Department. 8 UTILITY BILLS AND TE HONE-COMMUNICATION INVOICES: Payment for utilities (water, sewer, lights, etc.) and telephone communication service will be made by the Finance Department and the expense allocated to the appropriate department fund. EMPLOYEE TESTING Pre-employment or other such employee testing as required will be processed by the Finance Department and the expenses allocated to the appropriate department fund. DEBT SERVICES All debt service payments will be paid by the Finance Department and the expenses allocated to the appropriate department fund. PURCHASE OF GOODS AND SERVICES $25,000 or greater: All purchases of goods and services whose cumulative total shall exceed $25,000 or greater within a 12 month period will be competitively bid. USE OF FIELD PURCHASE ORDERS: The Field Purchase Order should be used as a payment tool/check request for items under $2;5005,000.00. Common uses include: Subscriptions, Memberships, Advertisement and Registrations requiring a check, Petty Cash Reimbursements and Employee Travel Reimbursement checks. Also, the Field Purchase orders should be used for items under $2;5005,000 for vendors that do not accept the Purchasing Card. Invoices that are attached to FPO's need no signatures. Approvals will be tracked by financial software. SECTION III SOLICITATION AND APPROVAL LEVEL THRESHOLDS PURPOSE: To describe the various levels of the competitive process and to identify the levels of authority in the procurement function of the City. The procurement function is designed to maximize the purchasing value of public funds in procurement and to provide safeguards for maintaining a procurement system of quality and integrity. The mandatory formal solicitation amount shall be TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00.) over the life of the contract or greater. Written quotes shall be obtained for purchases between TEN FIFTEEN THOUSAND ONE AND NO/100 DOLLARS ($1-015,001.00) and TWENTY-FOUR THOUSAND NINE HUNDRED NINETY- NINE AND 99/100 DOLLARS ($24,999.99.) Informal quotes shall be obtained for purchases between TWO THOUSAND -FIVE - !' ! !e A '_FIVE THOUSAND ONE AND NO/100 DOLLARS ($250005001.00) AND TEN-- FIFTEEN THOUSAND DOLLARSTHOUSAND DOLLARS ($4015,000). Department/Division/Offices shall maintain documentation with their requisition on all quotes received or as to why competition was not obtained. All purchase prices must be considered fair and reasonable. Award shall be made to the business offering the lowest quotation that is determined to be both responsive and responsible. Award based on the overall best value can be made if the department submits a statement to the Purchasing and GontractingFinance Administrator-Department for approval describing the benefits to the City if award is made to other than low. The name of the business submitting a quotation, 9 and the date and amount of each quotation, shall be recorded and maintained as a public record. Types of formal solicitations used for competitive procurement are as follows: Request for Proposals (RFPs) —A solicitation for response for a commodity and/or services for which the scope of work, specifications or contractual terms and conditions cannot reasonably be closely defined. Evaluation of a proposal is based on prior established criteria wherein the RFP shall state the relative importance of price and other evaluation factors. Invitations for to Bids (WBsITBs) - A solicitation inviting potential contractors or vendors to submit sealed, written pricing for specific goods or services in conformance with specifications, terms, conditions and other requirements described in the bid invitation documents. Request for Information (RFI) - A solicitation for response from interested and prospective vendors/contractors to provide information to determine specifications, qualifications and/or capabilities to satisfy a need rather than a firm specification and in which the respondent may be given latitude in order to develop a product and/or service which will fulfill the need. Request for Qualification (RFQ) - A solicitation seeking responses for services for {Formatted:Not Highlight which the competitive award will be based on the qualifications of those responding; generally, but not limited to, used in procuring certain professional services, design build services, consulting and construction management services. The procurement of all goods, material, equipment, services and combinations of goods and/or services by or on behalf of the Council, including those transactions through which the Council shall receive revenue, in an amount equal to or in excess of the mandatory bid amount of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) over the life of the contract, shall be formally competitively awarded based on the submission of bids (IFBs), proposals submitted in response to an request for proposal (RFP), proposals submitted in response to a request for information (RFI), proposals submitted in response to a request for qualifications (RFQ) or proposals submitted for competitive negotiations, except as otherwise provided herein, or by State or Federal law. Competitive bidding shall be the preferred method of procurement. If a department determines the use of an invitation to bid is not practicable based on 1) lack of time, 2) the award will be made on factors other than price and price-related factors, 3) a need to conduct discussions with the responding bidders about their bid and 4) there isn't a reasonable chance of receiving more than one quote, must submit, in writing, a statement requesting solicitation by Request for Proposals. Departmental requirements are not to be split to avoid the competitive bidding thresholds. It is in the best interest of the City to combine requirements and competitively bid these requirements to ensure a fair and reasonable price. The City Council has the right to award all contracts except as otherwise provided in the Code of Ordinances of the City. Individuals that have been delegated authority will have to sign a "Statement of Responsibility" and will be held accountable for all actions occurring under their authority. Anyone having authority to make any purchase exceeding TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) must file with the Supervisor of Elections within the County in which he or she permanently resides, a 10 statement of financial interest. As to those contracts which the Council retains the right of award, the Council shall have authority to review, modify or set aside all previous administrative determinations, whether appealed or not, made in the course of the procurement. All Department Directors or their designee shall have the authority to authorize purchases of goods and services not to exceed TWO -THOUSAND FIVE HUNDREDFIVE THOUSAND AND NO/100 DOLLARS ($275005,000.00) per item under the Purchasing Card policy and procedures (Section XIV). Authority is also given in case of an emergency for purchases under TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) when at least one vendor has been contacted and the purchase order is issued through the Finance Department within the next business day. The Finance Department will review the requisition to ensure a fair and reasonable price is received. The City Manager or designee shall have the authority to award and execute purchases of goods and services not to exceed TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25,000.00)including change orders and amendments. The City Manager or designee is authorized to renew options on approved contracts, as long as it is per the terms, conditions and renewal period specified in the original contract and the total dollar amount for each contract or purchase order is within the Council approved budget. All purchases of goods and services, in excess of TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25,000.00) shall be awarded by the Council, except as otherwise provided within this Section. The City Manager or designee shall have the authority to approve all purchase orders, contracts, master agreementswork orders and amendments under up to FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) for __e' . :. -•• projects, goods and services as detailed in the Budget as long as award is to the lowest responsive, responsible bidder in a competitive environment. The City Manager or designee shall have the authority to approve and execute all change orders and amendments and to approve price escalation/de-escalation changes, according to the terms of the particular contract providing that the change does not exceed ten percent (10%) of the latest approved contract value for contracts. Amendments to contracts greater than these amounts must be approved by City Council. The City Manager shall have authority to award and execute purchase orders in any amount—on amount on current City cooperative purchasing agreements and contracts from GSA contracts, state agencies, or other units of government and non-profit organizations on capital items and projects that have been detailed and approved by City Council {Formatted:Not Highlight through the Budget adoption or amendment process. The City may piggyback on active {Formatted:Not Highlight current agreements and contracts from other governmental entities when competitive bid _. (Formatted:Not Highlight procedures have been followed and the guidelines utilized by that entity are the same or more stringent than the City's guidelines. All conditions of the agreement or contract must be met. The City may piggyback on previous City bids provided they were received within -Formatted:Not Highlight the previous 12 months and the department is not aware of any interest from other potential vendors. The Finance Director, with the concurrence of the City Manager, shall have the authority to settle individual claims under contract provided the settlement does not exceed ten percent (10%) of the latest approved contract value for contracts. All change orders 11 issued which modify a contract, the original and revised total cost of which exceeds ten percent(10%), shall require Council approval, unless otherwise specified herein. It shall be prohibited for any City employee to order the purchase of any goods or services or make any contract change without the delegation of authority under this section other than through the Finance Department, unless utilizing an authorized procurement card. City employees will be held accountable for unauthorized purchases and appropriate disciplinary action will be taken pursuant to the City Policy and Procedures Manual. The Department committing the unauthorized purchase will document the incident with a memo to the City Manager explaining the details of the unauthorized purchase. These details must include a brief summary of what happened and the corrective action that the Director has taken to prevent unauthorized purchases in the future. The memo shall state any disciplinary action taken, if any, and request the City Manager approve the unauthorized purchase if under TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25,000.00). Unauthorized purchases of TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25,000.00) and greater shall be submitted to the Council for approval. Any purchase or contract made contrary to this section hereof shall not be binding on the City unless approved by the Council. In the purchase of, or contract for, :- :-- : 2:-- goods or contractual services, the city . Formatted:Font:(Default)Arial,12 pt council may give a preference in an amount not to exceed three (3) per cent of the bid price or$50,000, whichever is less,,to local persons; provided, however, that this section `Formatted:Font:(Default)Arial,12 pt in no way prohibits the right of the city council to.recommend award to the vendor that is Formatted:Font:(Default)Anal,12 pt the best interest of the city. The goods or services must be equal to or greater than the r Formatted:Font:(Default)Arial,12 pt lowest responsive bidder. Local is defined as a business holding a City of Edgewater Business Tax Receipt (BTR). Formatted:Font (Default)Arial,12 pt and Certificate of Use (CU). SECTION IV EMERGENCY PURCHASES PURPOSE: It is recognized that situations arise where formal solicitation is not possible. In order to expedite the provision of goods and services, the following procedure will be followed. DEFINITION: Emergency purchases include those supplies or services necessary because of certain emergency conditions occurring affecting the health, safety and welfare of the City and its citizens or in the event that the City may suffer a financial loss due to inaction. Poor planning will not constitute an emergency. AUTHORIZATION: Emergency purchases are approved per the spending authority levels outlined in this Policy and subject to review by the Finance Director. The City Manager may approve those exceeding $25,000.00 and return to the Council for confirmation of the purchase, unless an executive order has been issued that suspends all requirements during disaster related events. 12 PROCEDURE: When an emergency exists, a requisition will be entered outlining the nature of the emergency and coded as such. In addition, the department should call the Finance Department to alert them to the need. A purchase order will be issued upon proper approval and processing of the requisition. The Finance Department may obtain additional price quotes prior to issuing a purchase order number. Standing procedures for emergency purchases are included in the emergency management plan. EMERGENCY PURCHASES - NIGHTS, WEEKENDS, OR HOLIDAYS: If an emergency occurs when the Finance Department is closed, the Department Head shall act to secure the necessary materials or service. The evidence of purchase such as sales ticket, bill, delivery slip, counter receipt, etc., which the supplier normally furnishes, will be submitted concurrently with the requisition by the department to the Finance Department on the next work day following the date of purchase. Such back-up documents will be submitted to Finance. Emergency Justification form must be forwarded to Finance Department by the next business day. GENERAL INFORMATION: When emergency purchases are made, the department will make the purchase at the best possible price. A true emergency can occur as a result of parts and labor needed for repairs to vehicles or equipment, which must be kept in operating order. Emergencies due to negligence are to be avoided. Failure to anticipate normal needs, project deadline dates or a desire to expend excess or remaining budgeted funds prior to year-end do not constitute an emergency. NOTE: Emergency purchases are costly and should be kept to a minimum. They are usually made hurriedly, on a non-competitive basis, and at top prices. Most vendors charge a premium when supplies must be obtained immediately. SECTION V CHANGE ORDERS PURPOSE: Certain conditions surrounding purchases may change in the course of a procurement, which necessitates a clarification or modification to the purchase order to fulfill legal requirements. DEFINITION: A Change Order to a Purchase Order is an adjustment to funding source, addition or deletion of items, quantity, delivery time, or cost. PROCEDURE: The department requesting the Change Order shall submit to the Finance Department a Change Order Request indicating the original purchase order number and the reason for the changes. Change order requests listing a price change with no explanation for the increase or decrease will be returned to the originator. The Finance Department will modify the on-line system to reflect the change. If required, the vendor will be sent a hard-copy purchase order reflecting the change. Change Orders must be processed for all changes affecting the original purchase order such as quantity increases and those changes that increase 10% or more of the original unit price dollar value. Change orders will not be processed for decreases in the purchase 13 order amount if payment is being finalized or if the decrease to the purchase order line item amount is less than 10%. If a decrease occurs, the department will receive only the amount invoiced. The same procedure applies if the increase is less than 10% of the original purchase order dollar amount. No change orders to cancel an item will be processed until the Finance Department has verified that a check has not already been issued for the item. Cancellations of all purchase orders at any dollar value will require a written change order to be mailed or faxed to contractor. Cancellations and Change Orders will be distributed in the same manner as the original purchase order. Construction and Professional Services change orders will be processed manually using the Professional Service/Construction Change Order form. The Finance Department will make the necessary corrections to the on-line system once approvals are obtained. Formatted:Justified SECTION VI BLANKET/INVERTED PURCHASE ORDERS PURPOSE: Blanket/inverted purchase orders allow multiple transactions to be made over a specified period of time, a practice aimed at reducing the number of small orders, utilizing short-term releases to satisfy demand requirements, while creating efficiencies of effort and decreasing costs. DEFINITION: A blanket order is a purchase order issued for the purchase of indeterminable miscellaneous items or materials, supplies, parts, etc., over a certain period of time(usually on an annual basis or as approved by the Edgewater City Council). Shipments are made, as requested by the department against the blanket order number for the term of the blanket purchase order. The blanket purchase order generally establishes a maximum dollar limit, the period covered, and terms and conditions. However, since the specific items to be purchased are unknown at the time of issuance of the blanket purchase order, no line item pricing may be shown. Blanket orders may be used as a payment tool for formal contracts. An inverted purchase order is used for payment on contracts where retainage is withheld from the invoices received. Inverted purchase orders use the dollar value of the contract as the quantity and receipts are issued against line items. HOW PREPARED: Requests for a blanket/inverted purchase order shall be made on a Requisition by the using agency indicating the types of items to be purchased and total amount to be encumbered, either in quarterly increments or for the entire year. Requests for Blanket purchase orders shall contain the following information: 1. Description and types of items to be purchased. 2. The period of time the order will remain valid. 3. The maximum dollar amount not to be exceeded. If it is apparent the amount will be exceeded, the department via a change order request must 14 request an additional amount. Adequate funds must be available in the department budget. HOW USED: After the blanket purchase order is issued, the department is authorized to place orders, via telephone or in person, directly with the vendor,when needed. PROCEDURE: The person(s) listed as authorized by the blanket purchase order may request/place orders directly with the vendor as needed. Items may be picked up or delivered by the vendor. The Department Head or designee shall be responsible for receiving all items acquired using the on-line system. HOW PAID: The Finance Department will process payment of invoices for received materials or services to obtain any discounts. User agencies must indicate receipt of all goods and services, on-line, in a timely manner. Any invoices received by the Department should be forwarded to the Finance Department after receipt processing. HOW MONITORED: The Finance Department may actively monitor all or selected purchases or invoices to ensure adherence to City procedures. The Finance Department may cancel blanket purchase orders if misuse occurs. SECTION VII QUOTATIONS AND BIDS PURPOSE: Fair and open competition is a basic tenet of public procurement. Such competition reduces the opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically. DEFINITION: A request to suppliers to make offers to an organization. (Formatted:Font:Font color:Black PROCEDURE FOR SOLICITING QUOTES: Upon receipt - --a.' •, •• s-a. ••-• -- . a -- -ea , _•a enter into transactio- e •• .. _•. • . •• •. -• .. a - •' • ...a a-•-• - the provisions of the City Procurement Policy. • Every effort should be made to obtain a minimum of three (3) quotations for each item or group of items required regardless of dollar amount. • Competitive quotes are not needed on items, excluding services, under $ 5905,000.00 in value. • Written or faxed quotes for purchases from $2;5005,001.00 to $1-OOOO9915,000 are to be obtained by the department and documentation maintained in the department file and the quote information entered into the on-line system. Finance Department may require a copy of the quote documentation. Services provided on- site require appropriate insurance. Please call the Finance Department for assistance. Capital outlay items may require other approvals prior to purchase. See Section I, Material Requisition, for review criteria. The department should contact Finance Department for assistance in creation of a vendor contact list. 15 • Purchases of$4-0;99-1:0815,001 but under $25,000.00 will be made by formal written quotations issued by the Finance Department. The Finance Department may coordinate with the department. • The City's bidding service provider will notify all potential suppliers via fax or email _ Formatted:Font.(Default)Anal of all solicitations exceeding $25,000.00 in value. Formal Invitations to Quote will be distributed to prospective suppliers, as feasible, and such Invitations to Quote will indicate the deadline for receipt of the quote. No quote will be considered if received after the deadline for receipt. Invitations to Quote, documented completely, shall be maintained with the purchase order. PROCEDURE FOR SOLICITING FOR BIDS: The Finance Department shall request formal sealed bids on purchases exceeding or expecting to exceed in a single year,$25,000.00. In cases where a"purchase"or contract may extend over multiple periods or years, the total cumulative amount to be paid over the duration of the contract term will be the determining amount of the requirement for requesting formal sealed bids. All advertisements and public notices will be made in accordance with Florida Statutes.- The Finance Department shall solicit bids from responsible prospective suppliers obtained from our computer-generated vendor 14S-Tsubscriptlon notification service, publications and catalogues, suggestions from the user Department, previous suppliers, etc. The Finance Department shall attempt to secure at least three (3) bids. • •_• e - _ _ __ _ .. .•: •. .:••: Formatted:Not Highlight A tabulation of all bids received with the recommended award(s) will be posted on the City's website and will be available for public inspection in the main offices of the Finance Department during regular business hours for seventy-two (72) hours after recommendation of award. Any actual or prospective Proposer to a Request for Proposal, who is aggrieved with I respect to the Request for PorposalProposal, shall file a written protest with the Finance Director prior to the due date for acceptance of proposals. All such protests must be filed I with the Finance Director no later than 11:00 a.m. (Eastern timeTime) on the final published date for the acceptance of the Request for Proposals. When the Edgewater City Council makes an award of a contract, it will be done in a duly- noticed public meeting. Award recommendations will be posted outside the offices of the Finance Department.Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Finance I Director within seventy two (72)forty-eight (48) hours (excluding weekends and City holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have ten (10) days to file a formal protest. 16 Where requirements are of a technical nature, a multi-step bid process may be used. The conventional multi-step process calls for submission of technical proposals and bid prices at the same time, but in separate sealed envelopes. The proposals are opened and evaluated. The bid price envelopes are then opened for those proposals that are found to be responsive and responsible and award is made based on price alone. The Finance Department's bidding notification service maintains a "Vendor List" of prospective suppliers via use of a subscription notification service.- A prospective bidder will be placed on the Vendor List by subscribing to the bidder notification service. Information is available in the Finance Department office about the subscription service. RESPONSIBILITY FOR SPECIFICATIONS: The preparation of specifications is the responsibility of the department with review (and authority to challenge) by the Finance Department. Specifications will permit competition except on non-competitive materials or services, (see"Purchases Not Requiring Bids"). In general, specifications should define the level of performance required rather than specific brand name. For the benefit of vendors and the department, specifications must be clear and concise. The Finance Department reserves the right to challenge specifications to allow open competition. PROCEDURE FOR ISSUING DEBT: Long-term debt may only be used for the costs of acquisition, construction or modification of capital facilities and for the refinancing or refunding of such debt. This limitation prohibits any debt being issued to finance operational costs of City departments. The legal, economic, financial and market conditions associated with the issuance of debt are dynamic, unpredictable and usually in a constant mode of change. Consequently, the decision to issue debt is best made on a case-by-case basis and only after careful and timely analysis and evaluation of all relevant factors. Some of the factors that should be considered include, but are not limited to, the following: • Current interest rates and other market considerations • The financial condition of the City • The types, availability and stability of revenues to be pledged for repayment of the debt; • Type of debt to be issued; and • The nature of the projects to be financed (i.e., approved schedule of improvements non- recurring improvements, etc.). 17 Capital improvements related to enterprise fund operations (e.g., water systems, wastewater systems, refuse disposal systems, etc.) shall be financed solely by debt to be repaid from user fees and charges generated from the respective enterprise fund operations, when practicable. Capital improvements not related to enterprise fund operations (e.g., roads, parks, public buildings, etc.) may be financed by debt to be repaid from available revenue sources (including ad valorem taxes) pledged for same,when practical. All capital improvements financed through the issuance of debt shall be financed for a period not to exceed the useful life of the improvements, but in no event to exceed 30 years. The City shall not construct or acquire a public facility if it is unable to adequately provide for the subsequent annual operation and maintenance costs of the facility. The City shall at all times manage its debt and sustain its financial position in order to seek and maintain the highest credit rating possible. In order to maintain a stable debt service burden, the City will attempt to issue debt that carries a fixed interest rate. However, it is recognized that certain circumstances may warrant the issuance of variable rate debt. In those instances, the City should attempt to stabilize debt service payments through the use of an appropriate stabilization arrangement. When refinancing current debt, the City will seek a savings (net of all issuance costs and any cash contributions to the refunding) as a percentage of the refunding debt of at least 3-5% Lease Finance Agreements utilized for competitively bid items up to and including $750.000 shall require a minimum of three (3) quotations. Quotes are to be obtained by the Finance Director and shall be maintained in the department file. BID INVITATIONS: Notice of Bid will be advertised and posted in City Hall and City Website. The City uses an Internet bidding service for document fulfillment purposes. They send notification of Bids to potential vendors via email, fax or mail, depending on the vendor's preference. METHOD OF SOURCE SELECTIONS The City uses the Competitive Sealed Proposals .- Formatted:Font:Ariai,Bold methodology of source selection for this procurement, as authorized by this Purchasing - Formatted:Font:Anal Policy. The City may, as it deems necessary, conduct discussions with responsible proposers determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. PRE-PROPOSAL CONFERENCE: The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with City staff regarding the Proposal with all prospective proposers having an equal opportunity to hear and participate. Oral 18 • questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective proposers are strongly encouraged to attend, as, unless requested by the department, this will be the only pre-proposal conference for this solicitation. If this pre- proposal conference is denoted at"mandatory", prospective proposers must be present in order to submit a proposal response. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. DRUG-FREE WORKPLACE: In accordance with section 287.087, Florida Statutes, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that furnishes a form certifying that it is a Drug Free Workplace shall be given preference in the award process. CONFLICT OF INTEREST: Proposers shall complete the Conflict of Interest Affidavit included with the RFP documentation. Disclosure of any potential or actual conflict of interest is subject to City staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. PROHIBITION OF GIFTS TO CITY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IMMIGRATION REFORM AND CONTROL ACT: Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall 19 constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately. BID BOND/DEPOSITS: By signing the proposal, Proposer acknowledges that it has read and understands the bonding requirements for the proposal, if applicable. Requirements for each solicitation are specified in the Proposal. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be in force throughout the final completion and acceptance of the project awarded. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. INSURANCE REQUIREMENTS: By signing the Insurance Requirements included in a Proposal, Proposer acknowledges these conditions include Insurance Requirements. It should be noted by the Proposer that, in order to meet the City's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the proposer discusses these requirements with the Proposer's insurance agent, as noted on the Insurance Check List, so that the Proposer can make allowances for any additional costs. The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection. Proposer also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the City may rescind its acceptance of the Proposer's proposal. The specific insurance requirements for each solicitation are included as part of the proposal. DISPOSITION OF BIDS: Bids shall be opened in public at the time and place stated in the public notices. The City shall not bear the responsibility for proposals delivered to the City Clerk past the stated date and/or time indicated, or to an incorrect address by proposer's personnel or by the proposer's outside carrier. However, the City Clerk, or designee, shall reserve the right to accept proposals received after the posted close time only under the following condition: 20 The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS, DHL, or courier where delivery was scheduled before the deadline. All bids received and accepted will be made available for public inspection ten (10) days after opening, or upon recommendation of award,whichever occurs first. Proposal, Presentation, and Protest Costs: The City will not be liable in any way for {Formatted:Font:Anal,Bold any costs incurred by any proposer in the preparation of its proposal in response to this {Formatted:Font:Arial RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. Acceptance or Rejection of Proposals: The right is reserved by the City to waive any irregularities in any proposal, to reject any or all proposals,to re-solicit for proposals, if desired, and upon recommendation and justification by the City to accept the proposal which in the judgment of the City is deemed the most advantageous for the public and the City. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful proposer, or their refusal to enter into the City contract, the City reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. Requests for Clarification of Proposals: Requests by the Accounting Technician to a proposer(s)for clarification of proposal(s)shall be in writing. Proposer's failure to respond to request for clarification may deem proposer to be non-responsive, and may be just cause to reject its proposal. Validity of Proposals: No proposal can be withdrawn after it is filed unless the Proposer _.. {Formatted:Font:Anal,Bold makes their request in writing to the City prior to the time set for the closing of Proposals. {Formatted:Font:Arias All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. AWARD OF BIDS: Awards of contracts and/or purchases shall be to the lowest, most {Formatted:Font:(Default)Arial -...... ..----- ..._._.._._..---- responsive and most responsible bidder of goods or services, representing the best value to the City. In determining the lowest, most responsive and responsible bidder and that purchase or contract that will best serve the interests of the City, the council, the City Manager, and purchasing agent, as appropriate, shall consider, but shall not be limited to, in addition to price, the following: 1. The ability, capacity and skill of the bidder to perform under the terms of the bid documents including past performance, if available. 2. Whether the bidder can perform the contract or provide the materials or service promptly, or within the time specified,without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder as reflected in credit reports, Better Business Bureau reports or other 21 records or reports. 4. The quality of performance of previous contracts and the providing of materials and/or services. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract, or the providing of materials or services. 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the materials or services. 7. The quality, availability, and adaptability of the supplies, equipment, or contractual services to the particular use required. 8. The ability and location of the bidder to provide future maintenance and service for {Formatted:Font:(Default)Arial the purchase and the financial impact upon the City to receive such future maintenance or service. 9. The number and scope of conditions attached to the bid. {Formatted:Font:(Default)Arial 10. Whether the bidder is in arrears to the city on a debt or is a defaulter on surety to {Formatted:Font:(Default)Arial the City; or, whether the bidders'taxes or assessments are delinquent. 11. The bidder has all current local and county Business Tax Receipts and.licenses as .(Formatted:Font:(Default)Arial required by law, (Formatted:Font:(Default)Arial j j. Font:(Default)Arial j process are the least formal review rocess and the award of the contract is to the lowest Formatted:Font:(Default)Arial priced, responsive, responsible bidder. The Finance Department coordinates with the requisitioning department to determine if the lowest price bid is responsive (i.e., complies with the City's specification). A review of the bid is required to determine if it conforms to the requirements stated in the solicitation. If the lowest priced bid is found non- responsive, then the next low bidder will be evaluated and so on until a responsive contractor is found. When the lowest bidder is found non-responsive or not responsible, this determination must be in writing with the appropriate documentation. _--{Formatted:Font:(Default)Arial The Finance Department reserves the right to challenge any award recommendations of the user division/department. City Council will approve bid award recommendations wherein the award to each vendor exceeds $25,000.00, unless previously exempted or approved. Each department is responsible for the drafting of the Council Agenda Request and assuring appropriate approvals are obtained prior to forwarding to the Finance Department for review. The Finance Department will then submit the Council Agenda Request to the City Manager. Award shall not be final until issuance of a purchase order or contract by the Finance Department. CHANGES IN FINALIZED BIDS: Any increase in unit price of any bid formally approved by the Edgewater City Council must be re-submitted to the Council for approval unless the increases were allowed by the bid or contract document. WAIVER OF IRREGULARITIES: The City Manager on behalf of the City Council shall have the authority to waive any and all irregularities in any and all formal bids. TIE BIDS: In the event of a tie(with each business certifying that it is a Drug-Free Workplace), both in individual scoring and in final ranking,the firm with the lowest volume of work on City projects within the last five(5)years will receive the higher individual ranking. This information will be based on information provided by the Proposer, subject to verification 22 at the City's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking,the firm with the next lowest volume of work shall receive the next highest ranking and so on. If neither vendor has performed in work in the last five years,the preference will be given to the Proposer within the city limits or principal office closest to City Hall. CONTRACTS: Whenever required, the successful bidder shall promptly execute a formal contract to be approved as to its form, terms and conditions, and signed by the proper authority. When required, such bidder shall also execute and deliver to the Finance Department a good and sufficient performance and/or payment bond in the amount specified in the Invitation for Bid. Any bidder who has a contract awarded to him/her and who fails to execute promptly and properly the required contract and bond, shall forfeit his/her certified check or bid bond. Upon the execution of the contract by the successful bidder, his/her certified check will be returned or his/her bid bond may be released. The certified checks of unsuccessful bidders shall then be returned. CITY'S RIGHT TO INSPECT: The City or its authorized Agent shall have the right to inspect the Contractor's facilities/project site during and after each work assignment the Contractor is performing. SECTION VIII {Formatted:Font:(Default)Arial COMPETITIVE PROCUREMENT PURPOSE: The City will make award to the proposal that meets the requirements and criteria set forth in the solicitation and whose award will, in the opinion of the City, are in the best interest of the City. Proposals shall be evaluated based on the requirements set forth in the solicitation. Criteria that will affect the price should be considered in the evaluation shall be objectively measurable, such as financial capability, references, discounts, transportation costs, past performance, total or life cycle costs and overall responsiveness of the submittal. No criteria should be used in the evaluation that is not set forth in the solicitation. Factors to be considered in determining whether the standard of responsibility has been met include whether, in the City's determination, a prospective vendor/contractor has: (1) appropriate financial, material, equipment, facility, and personnel resources, Formatted:Font:(Default)Arial,Condensed experience,knowledge, and expertise, or the ability to obtain them, necessary to by 0.1 pt indicate its capability to meet all contractual requirements; (2) a satisfactory record of performance on similar projects; (3) a satisfactory record of integrity; (4) qualified legally to contract with the City; and (5) supplied all necessary information in connection with the inquiry concerning Formatted:Font:(Default)Arial,Condensed responsibility including but not limited to any licenses, permits, insurance, price `by 0.1 pt sheets or required organizational papers. 23 The solicitation for Proposals shall state the relative importance of price and other evaluation factors. Award can be made to the most responsive, responsible offeror whose proposal is determined to be the most advantageous to the City in accordance with the evaluation criteria contained in the Proposal. Evaluation of Proposals (Procedure): -(Formatted:Font Arial,Bold j The City's procedure for selecting is as follows: 1. The City Manager shall approve an Evaluation Committee to review all proposals submitted in accordance with Statute. At a minimum there will be one member of the Finance Department as part of the evaluation committee. Plus there shall be a minimum of three members of the committee, but always an odd number. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Accounting Technician and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. In instances where both the Accounting Technician and Project Manager be appointed to the committee as voting members, such meetings shall be conducted in accordance with Florida's Sunshine Law and the City Clerk shall publicly post prior notice of such meeting in the lobby of the City Hall at least one (1) day in advance of all such meetings. 4. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 5. Prior to the first meeting of the evaluation committee, the City Clerk will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the City Hall not less than three (3) working days prior to the meeting. The City Clerk shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one(1)day in advance of all subsequent meetings. 6. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. ,SECTION IX {Formatted:Font:Bold PROFESSIONAL SERVICES CONSULTANT'S COMPETITION NEGOTIATION ACT(CCNA) 24 PURPOSE: All requirements for CCNA Professional Services, as defined in Chapter 287.055, Florida Statutes, shall be publicly advertised once in a newspaper of general paid circulation or as otherwise indicated in Florida Statutes. Allowable exceptions to public advertisement include: (a) Projects involving a public emergency, pursuant to Section IV of the Purchasing Manual. (b) When the basic construction of the completed project is estimated to be less then TWO HUNDRED-FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) or defined as category five in Florida Statutes, Section 287.017,whichever is greater. (c) When the fee for professional services for a planning or study activity is estimated to be less than TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) or defined as category two in Florida Statutes, Section 287.017, or as may be amended, whichever is greater. The Project Manager for acquisition of professional and consultant services under an RFQ (Request for Qualifications) should suggest recommendations for appointment of evaluation committee members who have knowledge and interest in the project. The Evaluation Committee should consist of: Department Head or designee, Project Manager and a staff member outside the requesting Department. The City Attorney's office may also provide a representative who shall participate in an advisory capacity as a non-voting member. The Finance Director or designee shall chair the meetings and will be a non- voting member. The City's policy and procedures concerning the evaluation process will be followed. The Evaluation Committee shall determine specific qualifications necessary for the project consultant and specify the form for submittal of qualifications by prospective consultants. For publicly announced requirements, the Department/Division/Office will provide the Finance Department a RFQ request and scope of services, evaluation criteria and the Finance Department will publish the notice in a newspaper of general circulation and shall indicate how interested consultants may apply for consideration. Trade journals or trade magazines may also be utilized for public advertisement for consultant services. Purchasing will administer the opening of the proposals and the selection/negotiation committee meetings. Florida Statutes require reasonable notice to the public, such as the evaluation/negotiating sessions with consultants. The notice will include the committee's name and purpose, location of meeting, date and time of meeting, and shall be posted 72 hours in advance of the meetings. A copy of the meeting notice shall be posted in City Hall. Part of the notice of public meeting shall include the statement: "Persons with disabilities needing assis- tance to participate in any of these proceedings should contact the City Clerk, 48 hours in advance of the meeting". The Chairman of the meeting will ensure a record of the meeting is maintained, either through a written or recorded method or in accordance with the Public Records Law of the State of Florida. The City shall make a finding that the firm or individual to be employed is duly qualified to render the required service. The Evaluation Committee shall review statements of qualification and performance data submitted in response to the public announcement and 25 shall select, in order of preference, no fewer than three (3) firms deemed to be the most highly qualified, if at least three (3) firms respond to the announcement. If there are less than three (3) firms responding and after due diligence and searching it is decided every effort was made to meet Florida Statute 287.055, the City will interview all respondents and proceed with the evaluation process. Consultant evaluation criteria shall include, but may not be limited to: approach to work, the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workloads; and volume of work previously awarded to the firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such equitable distribution does not violate the principle of selection of the most highly qualified firms. The Evaluation Committee may conduct some type of public discussions with and may require public presentations by a minimum of two (2) firms (if two firms submitted) pertaining to the firms' qualifications, approach to the project, and ability to furnish the required service. Each evaluation committee member will review the statement of qualifications submitted by each firm and will evaluate each firm's qualifications utilizing the Professional Services Evaluation Form containing the specific evaluation criteria established for each RFQ which will approximately resemble the attached PSEF form. The scores of the committee members will be added to determine the ranking of the firms(first, second, third) public presentations by firms are not conducted, the ranking established during the "short list" phase, which includes discussion with the minimum of three (3) firms,will be the ranking order of the firms. The committee shall maintain the summary listing of the rank order of the firms being evaluated, present their recommendations of the three (3) most qualified firms to the Council, if at least three firms respond to the announcement, and request the Council to approve the ranking and to authorize staff to negotiate a contract with the top firm. The Department Director, Finance Director and City Manager shall appoint the negotiating committee. The negotiating committee will consist of essentially the same personnel as the evaluation committee to the extent possible. The committee shall be comprised of the Department Head or designee, the Project Manager and at least one staff member of City government having knowledge and interest in the project. Upon Council direction, the negotiating committee shall negotiate a contract with the most qualified firm for professional services for compensation, which is determined to be fair, competitive and reasonable. Detailed discussions must be held by the firm and the City to clearly establish the scope of the project and the exact services to be performed by the Consultant. The committee shall negotiate a contract for professional services with the most qualified firm at a compensation, which the City determines is fair, competitive and reasonable. In making such determination, the City shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. Should the City be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the City determines to be fair, competitive and reasonable, negotiations with that firm must be formally terminated. The City shall then undertake negotiations with the second most qualified. Failing accord with the second most qualified 26 firm, the City must terminate negotiations. The City shall then undertake negotiations with the third most qualified firm. Should the City be unable to negotiate a satisfactory contract with any of the selected firms, the City shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with the prior requirements until an agreement is reached For all lump-sum or cost-plus fixed fee contracts of ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000.00) or defined as category IV in Florida Statutes Section 287.017, whichever is greater, the firm awarded the contract must execute a truth- in-negotiation certificate stating that the wage rates and other factual unit costs are accurate, complete, and current, at the time of contracting. Any contract requiring this certificate shall contain a provision that the original contract price and any additions shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract. -{Formatted:Font:Arial,Bold,Kern at 14 pt SECTION X Procedures for Multiple Consultants under Competitive Consultant Negotiation Act(CCNA) PURPOSE: To set standards as to how scopes can be split between those services within the scope of practice as defined by the laws of Chapter 287.055, Florida Statutes. The Selection Process described below will be followed to select a consultant when awarding master agreementswork orders under continuing contracts when multiple qualified consultants are under contract with the City. Whenever possible, the objective is to distribute the work equally amongst the consultants under contract. Equal distribution of the work will be measured by the dollar value of the work awarded; such that each consultant gets (if work requirements permits) an equal share of the total dollars spent annually on the Master Agreements. 1. Selection Process: When dealing with multiple consultants under a CCNA Master Agreement, the Department, responsible for the project, will select only one of the consultants to solicit for a proposal when criteria items a. or b. apply. On projects where criteria a. or b. do not apply, the Department, responsible for the project, will prepare a scope of work document that Purchasing-and—ContrastingFinance will use to solicit sealed proposals from the qualified consultants under contract with the City for the specified type of work. The following criteria items c. through g., in order of acceptance, will be used to determine which consultant will be awarded the work: a. Specific and unique technical expertise not available from any of the other consultants under contract. This criterion will not apply to all master agreementswork orders. 27 b. Maintain project continuity. This criterion will not apply to all master agreementswork orders. c. Past performance on previous City work. d. Availability of resources to undertake assignment. e. Willingness to meet time and budget requirements. f. Distribution of dollars awarded to date under the Master Agreement with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most qualified firms. g. If the consultant does not choose to participate, the City will select another consultant using the criteria in paragraphs(a-f)above. When multiple sealed proposals are solicited, the Department responsible for the project shall evaluate the sealed proposals in accordance with the above criteria and select one of the consultants to perform the work. I 2. Generating the Work--OrderMaster Agreement: The Department, responsible for the project (User Department), must send a Request for Service/Proposal to the consultant selected (as provided herein) or Purchasing and Contrasting-Finance must send (as provided herein) a Request for Service/Proposal to the multiple consultants under contract. The request asks for a technical memorandum/scope of services and a fee proposal. The Request for Proposal must include: a. Statement of work. The statement of work will provide each consultant with a complete description of the requirement enabling them to prepare a proposal with valid man-hours. The City may ask the consultant for solutions and to identify unacceptable conditions. b. Elements - The minimum required elements are the purpose and brief description of the project; description of the work/service to be performed;the location(s)where the work/service is to be performed; the basis for determining the award of the master agreement work order; a contact person for the City for questions or clarifications including the telephone number and the extension number; and what is the required delivery date or period of performance. Any questions or clarifications given must be forwarded to all consultants. c. Submittal - The User Department or Finance Department must indicate when the proposal is due back to the City. Be very specific of when and where the proposal is to be delivered, indicating that if the City does not receive the submittal on time,the City understands the consultant has chosen not to participate in the process for that particular project. 28 d. Additional information - If additional information is available for the consultant's review and consideration, please indicate the location of those documents and the contact person including telephone number and extension number. e. Meeting/Site Visit - If a meeting and/or a site visit are necessary to discuss the project, please indicate the location, time and date of the meeting. 3. The consultant shall submit the following in response to the City's Request for Proposal: a. Detailed Scope of Work and Services—The Detailed Scope of Work and Services shall specifically address each aspect of the project and tell in detail how the consultant will accomplish the work. Provide a schedule that, as a minimum shall include a list of milestones and a schedule for completion. Each milestone task must be described in sufficient detail for the Department to evaluate the consultant's understanding of the project and action plan for completion. b. Fee Proposal — The Fee Proposal shall include as a minimum the level of effort proposed to support the work. This should include a list of man-hours by staff position and the contracted hourly rate for that position. The hourly rate should match the hourly rate included in the Master Agreement, unless the hourly rate is negotiated to a lower rate. Any subcontracted effort must be included in the proposal and supported by a matching fee proposal. c. Acceptability of Proposal from the selected consultant. The proposal received from the selected consultant must be acceptable to the City. Criteria to consider when determining the acceptability may include understanding requirements, technical approach, innovative techniques or solutions, management approach, proposed fee and the ability to meet cost or time constraints. The User Department will determine the acceptability criteria for the master adreementWork Order. 4. If the proposal is found to be unacceptable as submitted, the City will continue to negotiate with the selected consultant until an acceptable resolution is obtained. a. If the proposal as submitted is not fully acceptable, but could become acceptable with relatively minor changes to the scope of services, proposed fee schedule or fee proposal, then the Department will enter into discussions with the consultant to refine the proposal making it acceptable. Based on those discussions, the consultant must submit a revised proposal, which the City finds fully acceptable. b. If the proposal as submitted is so unacceptable that it can not be made acceptable without major modifications to either the technical scope of services, the proposed fee, or the proposed schedule, then the City has the option to formally terminate negotiations with the consultant and enter into negotiations with the next qualified consultant for the project, and so on,or re-solicit proposals. 5. The User Department must provide copies of all documentation to the Finance Department including: 29 a. Request for scope of work and services and fee proposal; b. Originals of the consultant's submittals; c. Determination of acceptability and recommendation for award (master agreementweck-order request form). d. Prepare Council Agenda Request(CAR)for awards greater than $15,000.00. SECTION XI {Formatted:Font:(Default)Arial PROCUREMENT OF DESIGN-BUILD AND/OR Font color:Black DESIGN-BUILD OPERATE SERVICES (Formatted:Font color:Black PURPOSE: Pursuant to§287.055(9), Fla. Stat. (2007), the following procedures shall be followed in selecting firms when design-build or design-build-operate services are sought by the City. Definitions contained in § 287.055(2), Fla. Stat. (2007), have the same meaning in this part except "project." "Project" shall mean a fixed capital outlay project described in the public notice including individual facilities; grouping of facilities; and rehabilitation and renovation activities. 1. Selection of the Design-Criteria Professional A design criteria professional shall be selected and contracted with pursuant to § 287.055, Fla. Stat. (2007) or otherwise currently be under contract or employed by the City. The design criteria professional will not be eligible to render services under design-build or design-build-operate contracts executed pursuant to the design criteria package. The design criteria professional may be required to evaluate qualifications and proposals submitted by firms, review detailed working drawings for the project, and evaluate project construction for compliance with the design criteria package. 2. Design Criteria Package The design criteria professional shall prepare a design criteria package on behalf of the City. The purpose of the design criteria package is to provide sufficient information upon which firms may prepare proposals or upon which negotiations may be based. The firm to whom the contract is awarded will be responsible for creation of the project design based on the criteria in the design criteria package. 3. Minimum Qualifications for Firms Providing Design-Build Services Firms seeking to provide design-build or design-build-operate services shall be: a. Certified under§489.119, Fla. Stat. (2007),to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; and b. Certified under§471.023, Fla. Stat. (2007),to practice or to offer to practice 30 engineering; or certified under § 481.219, Fla. Stat. (2007), to practice or to offer to practice architecture; or certified under§ 481.319, Fla. Stat. (2007), to practice or to offer to practice landscape architecture. 4. Request for Qualifications a. The City shall give public notice of each instance in which professional services are being sought for a design-build or design-build-operate project, providing a general description of the project and requesting qualifications from firms. The notice shall be published in appropriate publications as determined based upon the type of project. b. A firm desiring to provide design-build or design-build-operate services for a project shall timely submit a letter of interest to the City,which shall include the following: qualifications, availability and past work. Along with its qualifications, the design-build firm shall file a sworn statement pursuant to§ 287.133, Fla. Stat. (2007). 5. Qualification of Firms The City shall determine the relative ability of each interested firm to perform the services required for the project based on the factors set forth in Section E (2) above. After reviewing the letters of interest, the City shall select no less than three firms deemed to be most highly qualified to provide the required services and request those firms to provide proposals for the project. 6. Proposal Selection a. Only firms selected as most qualified will be notified by mail by the City to submit sealed proposals. Firms not selected will be notified by mail. b. Pursuant to the request for proposals, each selected firm shall timely submit its sealed proposal to the City for evaluation. The proposal shall be based on the criteria in the request for proposal and design-build or design-build- operate package. c. The City shall evaluate each firm's proposal based on price, and technical and design aspects of the project. The evaluation process shall be based on criteria and procedures established prior to the solicitation of competitive proposals. d. Where further clarification of proposals or additional information is needed, the City shall require informational presentations by the selected firms. e. The City shall designate and rank not less than three firms, in order of preference, whose proposals the City deems to be most advantageous, having taken into consideration the evaluation criteria and the Proposer's responsiveness to the request for proposals. A notice of intended action shall be provided by mail to the selected firms. 31 7. Competitive Negotiations a. The City shall begin contract negotiations with the designated firms in order of rank for fair, competitive and reasonable compensation. b. Should negotiations with the most highly ranked firm prove unsuccessful, as determined by the City or designee, negotiations with that firm shall cease and negotiations shall begin with the next most highly ranked firm. Negotiations shall continue in accordance with this section until an agreement is reached. The City or designee is authorized to award the contract. c. If a satisfactory agreement is not reached with any of the designated firms, the City will either: 1. Designate and rank additional responding firms, in order of preference, for competitive negotiations pursuant to(1) and (2) above; 2. Republish the request for qualifications,with any appropriate modifications; or 3. Abandon the process entirely. 8. Rejection of Proposals a. The City reserves the right to reject any and all proposals, provided such action is done in good faith, and is not arbitrary and capricious. b. If the City finds it necessary to reject all the proposals, a written statement to this effect shall be placed in the proposal file and the Proposers shall be notified. The City then may republish the request for qualifications, with any appropriate modifications. Any interested firm will have the opportunity to submit or resubmit its qualifications to the City for consideration. 9. Emergency Procurement of Design-Build Services If the City determines in writing that an immediate danger to the public health, safety, welfare or other substantial loss to the public requires emergency action, the City may proceed with the procurement of the design-build services without competition. 10.Reuse of Plans When the City reuses existing design criteria packages and resulting plans from a prior project, the requirements of this subpart shall not be applicable. 11. Alternative Procedure for Procurement of Design-Build or Design-Build-Operate Services 32 In lieu of the policies contained herein, the City may engage in a qualifications-based selection process for design-build or design-build-operate services as set forth in section 287.055(9)(c). This alternative process would allow the City to issue a request for qualifications without price, to rank the respondents and to begin negotiations with the top ranked respondent. The selected firm would then establish a guaranteed maximum price and guaranteed completion date. Should the City elect this alternative process, it shall be made clear in the original solicitation. SECTION XII EVALUATION OF PROPOSALS AND RECOMMENDATION FOR AWARD PURPOSE: Once the proposals have been opened, an Evaluation Committee or Technical Reviewer must evaluate them. The Finance Department must be present at each evaluation meeting and shall chair the Evaluation Committee. The Evaluation Committee is structured to provide the skills necessary for the particular project being evaluated. Certain procurement actions may require a technical review, which may be conducted at the discretion of the Department Head. To the extent a Technical I mittee-Review is ferinedneeded, they shall comply with the Sunshine Law and Public Records requirements. Additional skills required for evaluation may include engineering, general business, legal, or information technology. The Evaluation Committee as a whole will meet to arrive at a recommendation for award. When the Department or Technical Reviewer responsible for the project prepares recommendation, the tabulation sheet must be included with the recommendation of award. Once all the steps above are completed, the contract will be prepared and the Council Agenda Request must be written, if necessary. Evaluation Committee meetings must comply with the State of Florida's Sunshine and Public Records Laws. Reasonable notice of the date, time and place of the meeting must be given. The meeting should be recorded,when possible. If not recorded, minutes must be taken by the person chairing the meeting. At the meeting, the committee members must return all required forms such as the Conflict of Interest Statements and individuals or group evaluation forms and any other pertinent data as necessary for the evaluation of the project. 1. The evaluation process is a key function in the selection of a quality contractor/consultant. It is very important that this process be conducted in a professional and consistent manner; therefore team members need to be flexible and available for all meetings during the evaluation/review process, including demonstrations and presentations. City employees that are nominated to serve on an Evaluation Committee will follow these guidelines and procedures. The Evaluation committee shall review the proposals for references, responsiveness and responsibility of submittals. The Evaluation Committee evaluates the submittals against the established evaluation criteria stated in the solicitation. Evaluation Committee meetings are considered "open meetings" under the 33 Government-in-the-Sunshine Law and must be open, notice posted and minutes taken. 2. For all Proposals, CCNA and special projects, if the procurement has a value of (Formatted:Font color Auto $250,000 or more per year,then the Department Director must be a member. 3. For contracts awarded under the State of Florida's Consultants' Competitive Negotiation Act (CCNA): This formal evaluation process will identify the firms that best meet our requirements in accordance with the evaluation criteria stated in the solicitation. The Evaluation process requires a review of all proposals independently against the established evaluation criteria as stated in the solicitation. The Finance Department will supply the evaluation criteria as stated in the solicitation. The evaluation sheets shall include comments of the strengths, weaknesses and deficiencies of each proposal that support the staff recommendation. The Evaluation Committee shall evaluate statements of qualifications and performance and shall conduct discussions with and may require public presentations by no fewer than three most highly qualified firms (if more than three firms) selected in order of preference. Each evaluation committee member will review the statement of qualifications submitted by each firm and will evaluate each firm's qualifications utilizing the Professional Services Evaluation Form containing the specific evaluation criteria established for each RFQ which will approximately resemble the attached PSEF form. The scores of the committee members will be added to determine the ranking of the firms (first, second, third). The evaluation sheets will be included in the backup of the agenda or a tabulation form displaying the scores of all committee members can be submitted instead of individual sheets. If public presentations by firms are not conducted, the ranking established during the "short list" phase, which includes discussion with the minimum of three(3)firms,will be the ranking order of the firms. 4. Request for Proposal (,RFPs) (Non-CCNA): This process is similar to the above. It `Formatted:Font color:Auto includes a price/cost evaluation that the Finance Department will provide as part of the overall evaluation. The method of award must be stated in the solicitation and may be of two types; low price technically acceptable or best value. For low price technically acceptable process, the evaluation process will start with the lowest proposal to determine if they are technically qualified. If not, then proceed to the next low until an acceptable proposal is found. A pass/fail or Yes/No evaluation is required to determine if the proposal meets the technical requirements. For Best value process or an award to other than the lowest price, the team must evaluate all proposals and document the advantages of the recommended firm to support the best value recommendation. The documentation must specifically address why the recommended award is worth the added cost over the lowest(or lower) price(s). The evaluation sheets that support the best value justification will be part of the backup documents. • Method of evaluations: There are two approved methods of evaluations to be used: - Weight(points)system, can be a two step process - Rating (adjectival) system can be a two-step process. 34 5. The Evaluation Committee Leader is responsible for ensuring the Evaluation Committee performs Past Performance or Reference checks, and guiding the team to a consensus recommendation. The Finance Department will monitor the evaluation process and provide guidance at the start of each formal evaluation. If requested, training on the evaluation process can be provided to the team with little or no previous evaluation experience. The Finance Department will review forms for completeness and compliance with the policy. Any forms that are not properly filled out or which lack appropriate comments or documentation to support the award recommendation may result in the delay of the award recommendation. Each team member must be thoroughly familiar with the contents of each proposal and the requirements of the evaluation criteria in the solicitation. Team members should evaluate each proposal on its own merits and in accordance with the requirements stated in the solicitation. At the Evaluation Committee meeting, team members will work towards reaching consensus and will submit a single recommendation for proceeding. The Evaluation Committee Leader, with assistance from the Finance Department Staff,will guide the team's deliberations. 6. List the Strengths,Weaknesses and Deficiencies using the following guidelines: Strengths: Those areas in which the proposal meets or exceeds the city's Formatted:Font:(Default)Anal equirementS. --{ormatted:Font:(Default)Arial - Weaknesses: Those areas where the proposal lacks soundness or effectiveness, which could prevent fully successful performance of the contract. - Deficiencies: Those areas where the proposal fails to meet the City's requirements. These strengths, weaknesses and deficiencies can be used in the negotiations, presentations and discussions during the second step of the two-step process. The Finance Department is responsible for performing a cost or price analysis on each solicitation. The analysis will include a determination of fair and reasonable price for the recommended award. The price/cost proposal of the,RFP, should be evaluated by the Formatted:Font color:Auto 1 Finance Department personnel using the following ratio: The lowest price proposal receives the maximum points or is rated highly acceptable. Divide the next vendor's price by the lowest to receive a percentage and multiply this percentage by the weights to determine the next score. EXAMPLE: VENDOR PROPOSED % MULTI- WEIGHT EQUALS WEIGHTED PRICE PLY (POINTS) SCORE*** l Formatted:Font:12 pt,Not Bold A $40,000 85%** X 30; (H/A=4) = 26(3.4 =A) B $37,500 90%* X 30; (H/A=4) = 27(3.6= H/A) C $33,900 100% X 30; (H/A=4) = 30(4.0= H/A) 35 * Vendor"B" percentage is$33,900_$37,500=90%X 30 or(4)=27 or(3.6) ** Vendor"A" percentage is$33,900_$40,000= 85%X 30 or(4) =26 or(3.4) ***Weighted score should be rounded to the nearest whole number. Highly Acceptable(H/A) =4 Acceptable(A)= 3 Marginal (M) =2 Unacceptable(U) =0 If the contract is based upon various hourly rates or level of effort, the Specialist must make some assumption based upon anticipated usage or historical data. This estimated cost must be analyzed using the above process or if developed in the RFP a way to utilize Formatted:Font color:Auto the rates as benchmark. Presentations and interviews must comply with the State of Florida's Sunshine and Public Records Laws. The meeting should be recorded, when possible. If not recorded, minutes must be taken by the person chairing the meeting. If presentations are necessary, the details of the presentations must be discussed such as time for each presentations and the overall schedule. Once the information is collected and compiled, the ranking must be established. The Tabulation Form must be updated and posted in DemandStar. Once the short listed firms have been identified, staff must ensure compliance with the following process: • Notify the Consultants by mail fax or e-mail of the City's determination. The firms must be notified within the next two (2) days of the Evaluation Committee meeting. The notification shall include details of the interviews/presentations including but to not limited to the following: - Date and time of the interview/presentations - Location of the meeting - Time allotted for each firm - Additional information if requested by the Evaluation Committee • Contracting Finance will coordinate the schedule of the interviews/presentations with the Evaluation Committee meeting and when applicable will send invitations via e-mail. • Interviews/Presentations forms must be sent to the User Department requesting information for the evaluation of the firms. • Prior to the date of the interviews/presentations, staff must ensure that the evaluation forms and the sign-in sheet forms are completed and available for each member of the Evaluation Committee. There must be a sign-in form for each of the firms presenting. 36 SECTION XIII BONDS AND BID SECURITY PURPOSE: The Finance Department is responsible for insuring that any required surety bonds are maintained. Before commencing work on the construction of a public building or repairs upon a public building or public work, the contractor shall deliver to the City a payment and performance bond which will be recorded in the public records of the City. The bonds must state the name and principal business address for both the principal and the surety and must contain a description of the project sufficient to identify it. Requirement for Bid Security: Bid security shall be required for all competitive sealed bidding for capital improvement construction contracts when the price is estimated to exceed ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) or when the City Manager or designee deemed appropriate. Bid security shall be an original bond provided by a surety company authorized to do business in the State of Florida or the equivalent in the form of a cashiers or certified check. The City Manager may require bid security for other types of bids and Request for Proposals (RFPs). Amount of Bid Security shall be indicated in the Contract Documents. When the Invitation for Bids(IFBs) or R-17 s requires security, noncompliance requires that the bid be rejected. As determined by the Finance Director or designee or mandated by Florida Statutes, the following bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the contract: (1) A performance bond satisfactory to the City, executed by a surety company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, in an amount equal to one hundred percent (100%) of the price specified in the contract. (2) A payment bond satisfactory to the City, executed by a surety company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the contract. Nothing in this Section shall be construed to limit the authority of the City to require a performance bond or other security in addition to those bonds or in circumstances other than specified in this Section. SECTION XIV _ . {Formatted:Font:(Default)Anal CONTRACTS AND CONTRACT PROCESSING PURPOSE: The City contracts for a varied number of services and products. Formal contracts attest to definitive detailed obligations of goods, services and/or payments of monies between the City and others, as approved by the City Council or as delegated by the City Council via formal action or ordinance. Contracts will be issued in conjunction with 37 either a blanket or inverted purchase order, which will be used as the payment tool for the contract. Formatted:Font:Font color:Black DEFINITION: A written or oral agreement between two or more competent parties that defines a job or service to be performed and which is legally enforceable. WHEN PREPARED: Contracts are prepared after a recommendation of award of a bid, proposal or quotation is received, or in absence of competition, prior to approval by the City Council or City Manager, as appropriate. HOW PREPARED: The Finance Department will prepare and coordinate contract activity, including contract preparation; legal reviews; contract amendments; renewals; contract change order preparation, or review if prepared by the City's consultant; change order processing; notice to proceed; pay request review and processing for inverted purchase orders, unless delegated, and any other activity as determined by the City Manager. PROCEDURE: All requests for contract preparation will be sent to the Finance Department. The dollar thresholds for procurements will be followed unless exempted by code, ordinance or prior Council approval. Contracts with no dollar value will be signed by the City Manager unless he wishes to have Council approve. A draft contract will be prepared by the Finance Department and sent for review to the Contractor, City Attorney and the requesting department. If required, the requesting Finance department Department will submit a Report to Council for the approval of the contract. All review comments will be routed to the-Finance Department. The contract will be revised and four-two copies will be routed for signature from the following parties: Contractor Department Head Finance Dikector City Attorney City Manager Mayor(if applicable). The City Clerk will ensure the Mayor's signature is obtained as required. The City Clerk will then sign and affix the City seal. The City Clerk will return the documents to Finance Department for distribution. Distribution of the original contract is as follows: Vendor, City Department, City Clerk and Finance Department. If multiple departments require the document, copies will be made and distributed to departments. If the contract involves the collection of revenue, the Finance Department receives two copies of the contract. The City Clerk will record and retain all officially approved and executed original contract documents. RESPONSIBILITY: The affected department will monitor the contract for compliance with terms and conditions of the contract. The Finance Department will monitor contracts for procedural, legal and statutory compliance, and to assist in dispute resolution. SECTION XV ,.- l Formatted:Font:(Default)Arial PURCHASES NOT REQUIRING BIDS 38 PURPOSE: This section defines the limitations of purchasing without solicitation. Authorization for purchase of these items will follow the threshold approval authority as outlined in this Manual. SOLE SOURCE AND PROPRIETY SOURCE: The following criteria must be met in order to satisfy the sole source or proprietary source requirement: a. It is the only item that will produce the desired results (or fulfill the specific need) ...or b. The item is available from only one source of supply ... or c. The item is available from more then one vendor but due to extreme circumstances, only one vendor is suited to provide the goods or services. G. • , Formatted:Indent:Left: 0.75", No bullets or numbering,Tab stops:Not at 0.5"+ 1" Sole source and proprietary source purchases are exempt from competitive requirements. However, all sole source requisitions exceeding $10,000.00 in value will be electronically advertised for a period of at least 5 business days. The steps to follow for sole source and proprietary source purchases are as follows: a. The User Department/Division and the Finance Department shall attempt to locate competition. Staff will also check for piggyback contracts. If no other sources are found, the User Department/Division shall submit to the Finance Department a completed sole source/proprietary source form, indicating the requisition number. b. A sole source or proprietary source form shall be used to justify and document the requirement. The form shall state why only one source can produce the desired results(or fulfill the specific need). c. The Finance Department will electronically post a description of all requisitions meeting the requirements for competitive pricing for a period of at least seven (7) business days after the receipt of a completed sole source form from the department. d. The Finance Director shall review and approve or disapprove, in writing; sole source/proprietary source designation. e. The User Department/Division shall be notified of disapproved requests and the purchase shall be made in accordance with standard procedures. f. When the Finance Director approves a sole or proprietary source, staff shall conduct negotiations on price, delivery, and terms. The price must be determined fair and reasonable. g. The Finance Department shall keep a log of sole/proprietary source purchases, which includes the vendor name, the amount, item description, justification, and the purchase order number. 39 h. For those instances that services are needed involving multiple years (i.e. maintenance of equipment, warranty, etc.) the request must be combined to capture the project, as a whole, and the proper approval must be obtained. STANDARDIZATION -{Formatted:Font:Anal,Bold,Kern at 14 pt DEFINITION: Standardization is the process of examining characteristics and needs for items of similar end usage and developing a single specification that will satisfy the need for most or all purchases for that purpose. Proprietary purchases (usually components) maintain a degree of continuity to the original or existing decor,equipment, or programs. Where standardization is determined to be desirable by the Finance Director, the purchase of materials, supplies and equipment and certain contractual services may be made by negotiation. Compatibility to existing equipment will be an acceptable justification for waiver of bidding procedures provided the item meets the other criteria within the definition of sole source item (i.e.; available from only one source and only item that will produce the desired results). COOPERATIVE PURCHASING (Formatted:Font:Font color:Black DEFINITION: An approach in which several organizations jointly buy selected items. They may form or utilize a centralized buying service that purchases specified types of items for all members of the group or cooperate informally. The resulting volume buying usually produces significant cost savings for group members. The Finance Director shall have the authority to join with other units of government in cooperative purchasing ventures when the best interests of the City would be served and the same is in accordance with City Ordinances. Purchases in any amount may be made against established G.S.A, State of Florida, or other units of government and non-profit organizations term contracts without bidding, provided they are in the best interest of the City. Purchases from the current City cooperative contracts, state term purchasing contracts, or state university system cooperative bid agreements, and non-profit organizations, will be an acceptable alternative procedure for bidding, providing all terms and conditions of the contract apply. OTHER NON-COMPETITIVE PURCHASES: The following items can be paid by PO, FPO, pre-payment procedures or paid directly by Finance • GOVERNMENTAL CONTRACTS: Usage of other City resources, such as Environmental Services for parking lot improvements, may be exempt from bidding practices, unless competition is desired. 40 • RESALE: Items for resale, such as those being marketed by an enterprise function, shall be exempt from bid requirements. • COPYRIGHTED MATERIALS: The purchase of educational tests, textbooks, printed instructional materials, films, filmstrips, videotapes, disk or tape recording or similar licensed or copyrighted audio-visual materials and computer software, periodicals, and other copyrighted materials are exempt from competitive solicitation requirements. This exception applies when purchased directly from the producer or publisher, the owner of the copyright, an exclusive agent within the state, a governmental agency or a recognized educational institution. • Acquisition of Real Property, such as land easements, rights-of-way, existing -.-{Formatted:Font_(Default)Arial buildings, structures, or improvements, resulting from negotiations and approved by the City Council; • ,Court-ordered fines and judgments, resulting from litigation; {Formatted_Font:(Default)Arial • Exceptional disbursement as authorized by the City Council; _--(Formatted:Font (Default)Arial • Court-ordered fees, resulting from the judicial process, processed by the Clerk of Formatted:Font:(Default)Arial the Court, and recorded against the budget for such fees; • Cash transfers and investment transactions for fiscal management purposes, .---{Formatted:Font:(Default)Arial recorded against general ledger accounts; • Accrued or current liabilities already charged against the budget, recorded against - --{Formatted:Font:(Default)Arial general ledger accounts; •Debt service payments charged against budgetary accounts as authorized by the _,.---{Formatted:Font:(Default)Arial City Council; • Postage or other delivery services; • Utility refunds; • Employee deduction • State or County license and permit renewals; • Auto Tags; • ,Refunds of current or prior year revenues charged against budgetary accounts; 1 F--.o rmatted:Font:(Default)Arial • Grant disbursements to federal, state, or local government agencies, or to private -{Formatted:Font:(Default)Arial groups or agencies; • Insurance including but not limited to liability, property, medical, and workers Formatted:Font:(Default)Arial compensation insurance or payments from any loss fund established for such purpose; • pues and memberships in trade or professional organizations, subscriptions for {Formatted:Font:(Default)Arial periodicals, advertisements, copyrighted material, part-time, authorized hospitality expenses, and fees and costs of job-related travel, seminars, tuition registration and training as allowed by the City budget; • ,Legal services, expert witnesses, court reporter services, and all other related --{Formatted:Font:(Default)Arial expenses of claims and/or litigation; • Consultant Services, other than those regulated by§287.055, Fla. Stat.; {Formatted:Font:(Default)Arial • Title insurance, title commitments, title searches, and ownership and encumbrance (Formatted:Font:(Default)Mal searches; and • Transactions by Interlocal Agreement. {-Formatted:Font:(Default)Arial IFormatted:Indent:Left: 0" ,GRANT FUNDED PURCHASES: {Formatted:Font:(Default)Anal The City Council is authorized to modify the City procurement procedures in order to (Formatted:Font:(Default)Arial comply with procurement procedures for state or federally funded grant programs 41 provided that no modification may be less stringent than the corresponding City procedure unless approved by the City Council. The City Council may waive any and all procurement regulations in order to comply with a federal or state law. SECTION XVI Formatted:Font:Arial,Bold,Kern at 14 pt PURCHASING CARD PURPOSE: The purchase card program is a delegation of procurement authority by the Finance Department to the Departments. Each Department Head must control the proper use of his or her Department's cards. PURCHASING CARD ADMINISTRATION: Each Department Head shall determine who in their Department should have a City purchase card. The "Purchase Card Form" is used to apply for a purchase card. The application must be completely filled out and signed by the appropriate Department Head. Requests that exceed any of the established "Cardholder Controls" must have the City Manager's approval. New cardholders will receive training and must sign a "Cardholder Agreement" signifying they understand and accept the responsibility associated with the purchase card. 1. MAKING CHANGES TO THE PURCHASE CARD: The "Purchase Card Form" is also used to make changes to the purchase card. Any changes to "Cardholder Controls" will require the Department Head's signature approval. Any change to "Cardholder Controls"that exceed the established amounts must have the City Manager or designee's signature approval. Changes to fields other than"Cardholder Controls"can be made with only the cardholder's and the approving official's signatures. 2. TRANSFERING THE CARD BETWEEN DEPARTMENTS: The purchase card can be transferred from one Department to another with the receiving Department Manager or Department Head's approval. If an employee moves to a new Department, the losing Department is required to notify the Finance Department of the transfer by email. The Finance Department will verify approval of the card transfer with the receiving department. Once approval is received the card will be moved to the receiving department's group. 3. LOSING THE CARD ACCOUNT: If an employee leaves the City or no longer requires a card, the Department Head is responsible for collecting the purchase card. The card should be cut in half once and submitted to the Finance Department along with the "Purchase Card Form" marked to close the account. The Finance Department will contact the issuing Bank to close the account. If the card cannot be collected from the terminated employee, treat the card as a "Lost or Stolen"card and follow those procedures. 4. LOST OR STOLEN CARDS: If a card is lost or stolen, immediately notify the issuing Bank and the Finance Department. The cardholder must also notify his approving official. Cardholder Spending Limits: 42 (1) The delegation of purchasing authority that the card provides to each cardholder sets the maximum dollar credit limit amount per month. Each time a cardholder makes a purchase with the card, the limit will be checked, and the authorization request will be declined should the purchase amount exceed the available credit amount. The maximum credit limit amount is set at TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) and cannot be exceeded without the approval of the City Manager or designee. Each cardholder's credit limit is recommended by the cardholder's supervisor on the "Purchase Card Request Form" and must be approved by the cardholder's Department Head and by the Purchasing Card Program Administrator. Requests for a credit limit exceeding TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) must be justified in writing and approved by the City Manager or designee prior to submission to the Finance Department. (2) The City's single item purchase limittransaction limit for goods is set at TWO- THOUSAND -FIVE HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($24005.000.00). Single item purchases exceeding $1000.00 but under $2 5, 005 000.00, are allowed with supporting documentation. (3) The single transaction purchase limit is defined as the total transaction dollar limit for a single transaction. The maximum single purchase limit is set at TWO THOUSAND FIVE HUNDREDFIVE THOUSAND AND NO/100 DOLLARS ($2,5005,000.00) and cannot be exceeded without prior coordination with the Finance Department and approved by the Finance Director. Each cardholder's single purchase limit is recommended by the cardholder's supervisor on the "Purchase Card Request Form" and must be approved by the cardholder's Department Head and by the Finance Department Administrator (or designee). Finance in conjunction with the Department may change the single transaction limit based on operation Requests for a single purchase limit exceeding TWO THOUSAND FIVE---HUNDREDFIVE THOUSAND AND NO/100 DOLLARS ($275005,000.00) must be justified in writing and approved by the City Manager prior to submission to the Finance Department. (4) The City's Emergency Operation Center will designate personnel involved during declared emergency. Limits of designated cardholders will be increased as necessary for recovery efforts. The maximum credit limit amount is set at TWO HUNDRED AND FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00). Purchases made with emergency purchase cards must follow emergency purchasing procedures. (5) Finance Department may use P-Card as a payment method to pay for any invoice up to$50,000 (6) Fleet may exceed single transaction limits of $5,000.00 on sole source/standardized items related to Fleet Maintenance items only, with supporting documentation. PURCHASING CARD USE: 43 (1) The purchasing card is to be used for CITY PURPOSES ONLY. The purchasing card may be used for all legitimate City purchases unless specifically prohibited in this section. The City is exempt from paying sales tax. (2) The purchasing card has the cardholder's name embossed on it and is to be used only by that cardholder only. No other person is authorized to use the card. (3) Each transaction may be comprised of multiple items, but each item(s) cannot exceed the single item purchase dollar limit. Purchases will be denied if the authorized monthly purchase limit, the single purchase limit, or the daily transaction limit is exceeded. Purchases are not to be split in order to stay within the single transaction purchase limit. (4) All items purchased over the counter to be paid by using the card must be immediately available. Back ordering is not permitted. (5) All items purchased by telephone order or from the Internet that will not be confirmed with a written order and will be paid by using the card must be delivered by the vendor within the thirty (30) day billing cycle. The order should not be placed without this assurance. (6) The purchasing card MAY NOT be used to purchase fuel, oil, personal items,telephone calls, or items listed on the"Do Not Buy List" (6) The purchasing card MAY be used to purchase fuel when on overnight and / or out of state travel. Fuel purchase may be made only for a city owned vehicle or rental vehicle ONLY. Employee must be on designated travel status. (7) The purchasing card MAY NOT be used to make cash advances or to write VISA checks. (8) The purchasing card cannot be used to purchase like items totaling over $1-0780025,000.00 annually. These items should be purchased using competitive purchasing procedures. The use of the purchasing card is not intended to replace effective procurement planning which enables volume discounts. (9) Cardholders must follow their department's control of funds procedures to ensure that sufficient funds are available prior to making a purchase. (10) The least expensive item that meets the City's basic needs should be sought. PURCHASING CARD TRAINING: (1) Initial Training: Each cardholder will be provided with initial training prior to issuance of the purchasing card. The training will cover the proper use and restrictions of the purchasing card. (2) Annual Training: Annual training will be provided at least once per year. Annual training will be mandatory for all cardholders and all approving officials. 44 Cardholders missing the scheduled annual training will be given an opportunity to take makeup training. Failure to accomplish mandatory annual training will result in loss of card privileges. Approving Officials who miss the scheduled annual training will be given an opportunity to makeup training. Failure to accomplish mandatory annual training will result in loss of Approving Official authority and cardholder privileges for cardholders reporting to that official. PURCHASE CARD PROGRAM INTERNAL CONTROLS: (1) The Finance Director will establish automated card restrictions as allowed by the issuing bank's software. The Finance Director or designee will establish a City account allowing access to the issuing Bank's database. This will allow the Card Administrator to view cardholder information and statements online. (2) The Finance Department will review each statement and supporting documentation. The Finance Department will contact cardholders directly and attempt to resolve any statement discrepancy found. If unable to resolve the issue with the cardholder directly, the Finance Department will elevate the problem to the Department Head for resolution. (3) Any incident of improper unauthorized use of the card or non- compliance to City policy shall be immediately reported to the Personnel Director and employee Department Director. PURCHASE TRANSACTION DOCUMENTATION: All purchase transactions fall into one of two categories; face to face (i.e., over the counter)or remote(i.e.,telephone, internet or fax). a) FACE-TO-FACE: The cardholder should get a receipt for any face-to-face transaction. The receipt serves to document both the order and receipt of goods/supplies. b) REMOTE: The cardholder must document the order when it is placed. Items purchased by telephone should be documented by keeping a log of orders (a phone log). A log entry is not required if the order is documented some other way, such as a fax back confirmation or a web page printout. When the goods are received, the packing slip must be matched to the log (or confirmation) showing the order. PREPARING TRANSACTIONS FOR PAYMENT: Transactions must be reviewed, substantiated, approved in the Online System and transaction documentation submitted to Finance for payment within five days of receipt. a) REVIEW: The cardholder shall review the transaction for correctness. Ensure all charges are legitimate and no sales tax was charged. b) SUBSTANTIATE: Each transaction should be documented with a receipt. Provide account numbers for each transaction in the City's system. Print documentation from the City's system and attach to transaction receipts and submit to Finance. c) APPROVE: The Approving Official (usually the cardholder's immediate supervisor) 45 or designee shall review each transaction and check all documentation. Any errors, sales tax issues or questionable purchases must be resolved before submitting to Finance. The Approving Official's review of transaction certifies all transactions as legitimate expenditures of City funds. d) MISSING DOCUMENTATION: The cardholder is responsible for providing required documentation. If a receipt is lost, attempt to obtain a duplicate. If a duplicate cannot be obtained, prepare a statement that includes all the information normally found on the receipt and a brief explanation for the lost documentation. Continual abuse may result in loss of the card and disciplinary action. e) DISPUTED CHARGES: If the cardholder questions a charge on the statement, the cardholder shall contact the vendor directly and attempt to reach resolution. If the cardholder reaches an agreement with the vendor, there is no dispute. If the vendor refuses to acknowledge the error or will not issue a credit, the cardholder must fill out the issuing bank's"Purchase Card Disputed Charge Form" and send it to the Finance Department. The bank will then adjudicate the disputed charge. "DO NOT BUY LIST" The following items may not be bought using the purchase card. A requisition and purchase order must be used. • ll computer software* Formatted:Font color:Black • PDAs • Cell phones • Petroleum products(fuel, oil, etc.)** • ,Telephone calls {Formatted:Font color:Black • ,Cash advances {Formatted:Font color:Black • personal items (i.e., items for your own use) {Formatted:Font color:Black *MIS will purchase any computer related equipment or equipment that interfaces with City computers. Exception to using the Purchasing Card for computer related equipment or software purchases are made 12yfor MIS to support operational requirements. **Exception to purchasing fuel with the Purchasing Card is made for Fleet Management in purchasing bulk fuel to support operational requirements and overnight and out of state travel. SECTION XVII VENDOR COMPLAINTS AND DISPUTES(PROTESTS) 46 PURPOSE: The City of Edgewater encourages prompt and fair handling of all complaints and disputes with the business community. In an effort to resolve disputed matters in an equitable manner, without fear of retribution on the part of the vendor, the following procedures are adopted: DEFINITION: A formal objection or disapproval issued by a vendor. PROCEDURE: The Finance Director or his/her representative shall post a tabulation of competitive sealed bids/quotes along with the intended award recommendations on the City's bidding services website. All awards under $10,000.00 will not be subject to protest. For awards of $10,000.00 or greater, only rejected bidders or quoters who were the apparent lowest bidder/quoter and the second apparent lowest bidder or quoter shall have standing to protest a rejection of the bid, quote or contract award, respectively. All proposers responding to a RFP may r Formatted:Font color:Auto protest the proposal selection. Pursuant to Florida Statutes, Chapter 120, any person allegedly adversely affected by the decision or intended decision of award must file a written notice of protest with the Finance Department within 72 hours after posting of the bid tabulation or after receipt of notice by the City of intended award. The nature of protest must be followed within 10 days of filing, by a formal written notice fully detailing all elements, which promulgated the protest. This notice must be delivered to the Finance Director or his/her representative and must contain the bid/quote/proposal number and the nature of the complaint. After notice is provided, the Finance Director will gather evidence and discern facts and make a recommendation to the City Manager. The City Manager will present his recommendations to the governing body that will make the final decision on the matter. All decisions of the governing body are final. Failure to observe any or all of the above procedures shall constitute a waiver of the right to protest a contract award. In the event of a timely protest, the procurement shall be halted unless the City determines award of a contract without delay is necessary to protect the interests of the City. In the event an award is needed without delay, the City Manager's findings shall constitute final administrative action. SECTION XVIII CAPITAL ASSEST TRACKING PURPOSE: Capital asset control entails tracking, compiling and maintaining an inventory of capital assets to control losses due to negligence or theft, to provide a basis for insurance claims and identify surpluses. Capital asset records are set up to comply with Florida Statute 274. 47 DEFINITION: Capital assets are tangible items (e.g. land, buildings, building improvements, vehicles, machinery, equipment and infrastructure) or intangible items (e.g. easements, water rights) with original cost or value of $5,0000.00 or more, with an estimated useful life of at least tweone (21) years following the date of acquisition. Capitalization thresholds are to be applied to individual items rather than groups of similar items (e.q. desks and tables), unless the effect of doing so would be to eliminate a significant portion of total capital assets. PROCEDURES: The Finance Department will coordinate the maintenance of the City's Capital Assets Database. Purchasing will provide copies of each purchase order that contains a purchase of a Capital Asset to the appropriate Accounting personnel. The ordering (receiving) Department must notify the Finance Department when an item is received so proper identification may be affixed, and records can be updated. All Capital Asset equipment is assigned a permanent City of Edgewater identification number, and is physically tagged or otherwise marked by the Finance Department. Records are entered and maintained for each item, and include the following information: • Capital Asset Item Number • Item Description • Serial Number • Make and Model • Account number • Location and Custodian • Payment Information: Vendor name, P.O. Number and Date of purchase • Purchase Price • Date of last inventory The copy of the purchase order provides much of the above information. Additional information is obtained upon physical tagging of the equipment and through communication with the vendor and the Department. Finance is responsible for taking a biennial Inventory of property in their custody. The Capital Asset Property Coordinator(s) will distribute an inventory list to each Department biennially. This biennial inventory will validate all items and any item unaccounted for will require a Missing, Lost or Stolen Form to remove the item from inventory. The biennial inventory shall be compared with the property record, and all discrepancies shall be traced and reconciled. The results of the biennial inventory will be provided to the Finance Director in an executive summary format. SURPLUSING OF CAPITAL ASSETS: All capital assets that are obsolete, excess, or no I longer needed by the owning Department/Division; are to be reported to the Finance Department for disposition. All items must be listed on a Request to Transfer/Declare Surplus form and submitted to the Finance Department. The Finance Department is responsible for approving the disposition of the capital assets. If the item is a transfer 48 between Departments, the Request to Transfer/Declare Surplus Form requires both the transferring and receiving Department Director's signatures. The Capital Asset Coordinator will verify ownership, description, and identification number of the equipment on the form and approve the transfer or surplus of the item. Upon approval, a copy of the form will be provided to Finance to update the computerized inventory. The Management Information Services Division must approve the transfer of information technology equipment. DISPOSITION OF PROPERTY: Non-capital items such as broken chairs, tables, calculators, desk accessories, books, tools, which are considered as "junk", may be disposed of via the landfill or trash by the individual department(s). Capital Assets that have identification numbers can be disposed of as follows: 1) Assets with no salvage value: Transfer/Declare Surplus form addressed to the Finance Department, signed by the Department Director and containing the identification number, description, condition and recommended disposal method (i.e. landfill disposal) of each piece of equipment. Once approved, the requesting Department must dispose of property locally. 2) Property with salvage value: Disposal must be in accordance with Florida Statute 273, after the Department has screened to see if another Department can use the Property. 3) The Finance Department will prepare the list of disposal equipment, which will be part of the City Manager's report to ensure that the list is recorded in the minutes of the City. SECTION XIX --{Formatted:Font:(Default)Arial RECEIPT OF GOODS AND MATERIALS PURPOSE: Receiving of goods and materials confirms that the products received meet the purpose of t#e-procurement as Intended. DEFINITION: The business function that is res.onsible for verif in. that the goods received are the goods that the ....rganization ordered. This involves inspecting and accepting incoming shipments. USER(ORDERING)AGENCY The d.e.partment is charged with the responsibility o..f Inspe.c...tingalf„supplies to determine qualityy__quantiiy and conformance with specifications and the purchase order. The Finance Department shall have the authorit to .uestion, examine, or test the quality of materials requested or received b the department. PROCEDURE IN DEPARTMENTS 49 Upon receipt of materials and after inspecting and/or testing, the department should receive the item in the on-line system receipt-processing module. Any variation in quantity shall be noted on the system. If the suantit does not a.ree with the su..lier's delivery ticket, the__-department should notify the vendor of the discrepancy. If the materials delivered are not in_conformance with specifications and are not acceptable by the department, they shall notify the vendor and file a complaint with the Finance Department by using the evaluation form and citing the reasons for withholding a.cceptance. The Finance Department will take immediate action to resuire re•lacement b the su.•lier or otherwise take action to supply the department with the needed materials. SECTION XX INVOICES PURPOSE: An invoice provides evidence of the purchase of goods and services and should include adequate detail to meet audit objectives. DEFINITION: An invoice is a document that itemizes charges for the purchase of supplies, materials, equipment or services that have been furnished. It is how the supplier informs the City of its obligations and should contain the same basic information as the purchase order. WHAT AN INVOICE SHOULD CONTAIN • Purchase order number • Date of order(if possible) • Date of delivery • Terms of payment(2%- 10 days, Net 30 days, etc.) • Itemized list of materials or services rendered • Delivery destination • Quantities, prices, (both unit and total), terms and any other charges contained in the purchase order • Delivery, freight charges, cartage and demurrage charges should be listed separately from the materials and supplies. • Invoices should be submitted to the Finance Department. WHO RECEIVES INVOICES The purchase order details the remittance address for submittal of invoices. • The Finance Department shall match the invoice with the on-line receipt. • The Finance Department, after checking and reviewing the invoice, will prepare a voucher for payment. All invoices are to be charged to the City of Edgewater and shall be forwarded to the Finance Department. If received by the department, the original invoice must be 50 forwarded to the Finance Department after proper receiving has been accomplished on the on-line system. The Finance Director or designee may grant certain exceptions as to the requirement for payment without an original invoice. The City does not accept two party invoices. SEC=T4ON=XX 9O:t- -_-__-_-__,--_-. .- a : - _- ' • ___- .-_--_ __ __ °$ 113141E44r, USER(ORDERING)AGENCY • Formatted:Normal(Web) .._ •a- • -•••• •a €f-mate @ • _:_____ _ ____ ______ r_• P-P•OCEDURE IN vsC____PARTMENTS __.'. •.....'..:as •e--.e:....•a a.. -a•_. :_:.t m..a...-- •.aa__ne .....A.•.. .... a•...-a...•Shall •• :-_t_...•t= —_ >.>- =---•_s-- _—__-___--•-_—-_•s s--_ __-+—_- _- - - . _—ti0==fi3`e le tr.__._:..-;-n •t` --__.-_:--aa e.= —__-a_-ffs--'fications and aro not aoeoptablo by tho -k$`�sF -t- � ...-_>_,._.g_a__.® ..-_.�.Q_= •a-_a._-_ •_- a.-.:..._a.s•-a._s -_=s: - •--e.a-�_. _..__.:.e._:�->-�-�-_.__w__S. �-..a___-�_-_..._--_—_e._S.�i______- __—_ -_• SECTION XXI MINORITY BUSINESS PARTICIPATION (Formatted:Font color:Black PURPOSE: The City and all contractors are encouraged to assist Florida's small and minority businesses in doing business with the City. Each contractor in assisting small and minority businesses will help to expand and develop the small and minority business sector of the City of Edgewater community. Definitions 51 • "Certified Minority Business Enterprise" means a business enterprise which has been certified by the State of Florida Department of Management Services as a minority business enterprise in accordance with the provisions of the "Small and Minority Business Assistance Act of 1985". • "Minority Business Enterprise" means any small business concern which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least fifty-one percent (51%) owned by minority persons, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. • "Minority Person"means a lawful permanent resident of Florida who is: o A Black American—a person having origins in any of the Black racial groups .in Africa. o A Hispanic-American — a person of Spanish or Portuguese culture, with origins in Mexico, South America, Central America, or the Caribbean, regardless of race. o An Asian American—a person having origins in any of the original people of the Far East-, Southeast Asia, the Indian Subcontinent, or the Pacific Island, including the Hawaiian Islands prior to 1778. o A Native American—a person who having origins in any of the Indian Tribes of North America prior to 1835. o An American woman. • "Small Business" means an independently owned and operated business concern which employs fifty (50) or fewer full-time employees, and which has a net worth of not more than one million dollars ($1,000,000.00). As applicable to sole proprietorships, the one million dollars ($1,000,000.00) net worth requirement shall include both personal and business investments. City of Edgewater Selection Procedures • The City shall make a good faith effort to provide interested minority business enterprises or minority persons with adequate information about the plans, specifications and requirements of contracts or the availability of jobs. • The City shall make a good faith effort to effectively use services and resources of available minority community organizations, minority contractors' groups, local, state, and federal minority business assistance officers, and other organizations that provide assistance in the recruitment and placement of minority business enterprises or minority persons; and • The City shall make a good faith effort to provide written notice to a reasonable number of minority business enterprises that their interest in contracting with the 52 City is being solicited in sufficient time to allow the minority business enterprises to participate effectively. SECTION XXII VENDOR EVALUATION ,{Formatted:Font:Font color:Black PURPOSE: Vendor performance measurement is crucial to keeping good suppliers and terminating business relations with poor suppliers. DEFINITION: The Vendor Evaluation Form should be utilized to inform the Finance Department of excellent service provision, including services performed beyond the requirements or to report any difficulties due to poor service, poor performance, poor quality, or materials not meeting specification requirements. This shall not be utilized as an expediting tool. HOW TO PREPARE A properly prepared Vendor Compliment and Complaint Form must contain the following information: • Date • Vendor name, address, and phone number • Department and contact person • Purchase order number • Department Director signature • Brief statement of exactly what level of service provided the vendor's performance of the services, or what problem is, and why the product or service is unacceptable. • All available documentation shall be attached DISTRIBUTION The Vendor Evaluation Form shall be forwarded to the Finance Department. Finance Department will send a copy to the vendor for their response. GENERAL INFORMATION The department shall be notified as to the vendor's response and any action to be taken by the Finance Department. SECTION XXIII CONFLICTS OF INTEREST PURPOSE: The City wishes to minimize conflicts of interests. Therefore,the following will , -(Formatted:Font color:Black be adhered to: 53 • No official or employee of the City, or member of the City Council shall participate in -{Formatted:Font color:Black the selection or in the award or administration of a contract if a conflict of interest, real or apparent,would be involved. Such a conflict would arise when: • The official, employee, or member, • Any member of his or her immediate family, • His or her business or personal partner, or • An organization, which employs, or is about to employ, any of the above has a financial or other interest in the firm selected or considered for award. No official or employee of the City, or member of the City Council shall either solicit or accept gratuities,favors, or anything of monetary value exceeding $25.00 from contractors, potential contractors, or parties to sub-agreements. Violations of these standards of conduct may result in disciplinary action as set forth in Chapter 113, Part III, Florida Statutes provided that such disciplinary action does not conflict with the jurisdiction of the State of Florida Commission on Ethics. SECTION XXIV PURCHASING POLICY ADOPTION The Purchasing Policy shall be adopted by City resolution. The Finance Director and Department Directors shall review the Policy annually and submit recommendations to the City Manager for review and approval. If a change in the Policy is recommended for approval by the City Manager, the Finance Director will prepare the necessary report to Council. Approved by the City Council of the Field Code Changed City of Edgewater at a meeting held on the 2420th day of September 54 AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING September 24, 2012 RESOLUTION September 24, 2012 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution No. 2012-R-18 Modifying administrative fees to the Schedule of costs/fees relating to the City of Edgewater Code of Ordinances. BACKGROUND: At the budget Workshops held on August 20, 2012 staff provided a presentation of the Fiscal Year 2013 budgets. Based on this presentation of budget to Council, staff has updated the fee resolution. STAFF RECOMMENDATION: Staff recommends adopting Resolution No. 2012-R-18 modifying administrative fees to the Schedule of costs/fees relating to the City of Edgewater Code of Ordinances. ACTION REQUESTED: A motion to approve Resolution No. 2012-R-18 FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Respectful, submittecJ� Concurrence: U. Ct . r J?Pathan C. McKinney Robin L. Matusick Finance Director Par legal Trace . Barlow City anager RESOLUTION NO. 2012-R-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, MODIFYING THE SCHEDULE OF FINES, FEES, COSTS AND/OR PENALTIES AND VARIOUS ADMINISTRATIVE FEES RELATING TO THE CITY OF EDGEWATER CODE OF ORDINANCES; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. During 2011, Council adopted Resolution No. 2011-R-23 which incorporated various fees/costs, surcharges and administrative costs/fees relating to the Code of Ordinances, Land Development Code and various administrative costs/fees. 2. From time to time, the City has modified/restated the Schedule of Fines, Fees, Costs and/or Penalties to be consistent with all fees related to City charges. 3. The Schedule of Fines, Fees, Costs and/or Penalties (which is attached hereto and incorporated herein as "Exhibit "A") is being restated in its entirety to reflect annual modifications and incorporate other various charges. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Modifying the Schedule of Fines, Penalties, Costs and Various Fees. Pursuant to the Code of Ordinances and Land Development Code, the schedule of fines, fees, costs and/or penalties and administrative fees as set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby established/modified and restated. Section 2. Conflicting Provisions. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. Severability and Applicability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not 1 #2012-R-18 affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Section 4. Adoption and Effective Date. The effective date of this Resolution shall be , 2012. After Motion for approval by and Second by the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 24th day of September, 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 Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 24th day of September, 2012 Aaron R. Wolfe,Esquire under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe&Kundid 2 #2012-R-18 CHAPTER 1 (GENERAL PROVISIONS) EXHIBIT "A" SECTION 1-8 - (GENERAL PENALTY; CONTINUING VIOLATIONS) CITY OF EDGEWATER SCHEDULE OF FINES, FEES, COSTS AND/OR PENALTIES THE FOLLOWING CAPTION RELATES TO ALL CITATIONS ISSUED BY THE CITY OF EDGEWATER POLICE DEPARTMENT, ANIMAL CONTROL OFFICE OR OTHER ASSOCIATED CITY DEPARTMENT AUTHORIZED TO ISSUE CITATIONS: The amounts shown in this Schedule include additional costs pursuant to Chapter 938, Florida Statutes ($3.00 Teen Court) • If there is a conflict between the amount established by this and the amount shown on the Notice to Appear, the lesser amount shall control. • The fine for any City Code or Ordinance violation not specifically listed shall be classified as a Class I offense and shall result in the applicable civil fine thereto. • Add to all fines, fees, costs and/or penalties as shown, the following: Add additional $15.00 to the amount shown if paid late, but before a capias issues. Add additional $25.00 to the amount shown if paid after a capias issues. Add additional $80.50 to the amount shown if paid after a capias is served. • Clerk of Court—Associated Fees/Court Costs All citations that are not paid directly to the City of Edgewater prior to the citation being delivered to the Clerk of Court for processing, may be charged an additional court costs charged by the Clerk of Court. Charges as follows: o An additional ten dollars ($10.00) above the citation amount, as may be amended by the Clerk of Court from time to time (charged to the City of Edgewater for Clerk of Court processing), and o An additional ten percent (10%) above the citation amount (Clerk's fee), as may be amended by the Clerk of Court. 3 #2012-R-18 Chapter 21 (Land Development Code) - Pursuant to Section 21-121.05 (Classification of Violations and a Schedule of Civil Fines, Penalties and/or Costs) of Article X (Code Compliance Process), Chapter 21 (Land Development Code), the following is hereby established in the following schedule. Any violation of any of the following provisions shall be classified and shall carry the corresponding civil fine prescribed in section 21-121.05. Any offense that is not specified shall be classified as a Class I offense and shall result in the applicable civil fine thereto. Classification of Violations and Civil Fines The following classifications of violations and corresponding civil fines shall be as follows: Classification First Offense Each Repeat Offense Class I $ 75.00 $ 150.00 Class II $ 150.00 $ 300.00 Class III $ 300.00 $ 500.00 Class IV Mandatory Court Appearance SCHEDULE OF CIVIL FINES Table I Code of Ordinances Chapter Statutory Title Classification/ Issuing and/or Reference Fines Authority Section and Costs Chapter Advertising Signs I CO/PD 3 Chapter Alcoholic Beverages, except I PD 4 4-2 §562.14 Sale only from licensed II PD premises (Unlawful sale of alcoholic beverages) 4-4 §877.03 Improper conduct upon II PD §856.011 licensed premises (Disorderly 4-5 §562.14 Hours of sale (Alcoholic II PD beverages) 4-8 Closing restrictions II PD 4-9 Set-ups II PD 4 #2012-R-18 4-11(a) Possession of open containers II PD in a public place 4-11(b) §316.1936 Possession of open containers II PD in vehicle Chapter Animal Services, except I ACO/PD 5 5-4 Interfering with Animal III ACO/PD Control Officer 5-18 §828.08 Poisoning or Trapping of III ACO/PD Animals 5-19 §828.12 Cruelty to Animals III ACO/PD §828.13 5-60 Dangerous Dogs III ACO/PD Unprovoked biting, attacking or IV wounding of a domestic animal ACO/PD Destruction or loss of property IV Chapter Boats, Docks and I PD 6 Waterways, except 6-31 §327.53 Marine sanitation II PD Chapter Building and Construction, I Or twice the 7 Fire Safety, except amount of the building permit fee,whichever is greater Sections within the Code that II identify a specific penalty which may be greater than fine Chapter Health, Sanitation, Property I 10 Maintenance and Code Enforcement except 10-6 Abandoned airtight containers II CO/PD ARTICLE Noise Pursuant to CO/PD II. Sec. 10-28 Sec. 10- Penalties 22— 10- 28 5 #2012-R-18 10-169 Unsafe Structure II CO/PD 10-172 Unlawful Structure II CO/PD 10-173 Prohibited occupancy II CO/PD 10-215 Enclosures (Swimming Pools, II CO/PD Spas and Hot Tubs) 10-322 Electrical System Hazards II CO/PD Chapter Business Tax Receipts and II 11 Business Regulations 11-2 License required; issuance II CO/PD (Doing business without occupational license) 11-27 §538.04 Pawnbrokers, secondhand III CO/PD dealers - Records of transactions of pawnbrokers 11-63 Registration - Required III CO/PD (Peddlers/solicitors/itinerant merchants,permit required) 11-68 69 Loud noises and speaking III CO/PD devices (Sale by use of vehicle/noise in right-of-way) Chapter Offenses and Miscellaneous I PD 12 Provisions, except 12 2 040,04 Display of genitals, women's 111 PD breasts, prohibited at certain commercial establishments (Sexual conduct/exposure in alcoholic beverage establishments) ts) 12 'I §790.15 Discharge of firearms, 11 PD weapons 12 77 §-800.03 Prohibited activities (Exposure 11 PD of breast in public place) Chapter Parks and Recreation I CO/PD 12.5 Chapter Streets and Sidewalks, I 15 except 15-2 §316.2035 Display or storage of goods II CO/PD §316.2045 restricted (Obstructing street or sidewalk) • 6 #2012-R-18 15-5 Excavations in streets - Permit II CO/PD required 15-6 Public Protection II CO/PD Chapter Traffic, except I PD 17 17-42 §316.1955 Handicap parking II PD §316.1957 §316.1958 §316.1959 Chapter Utilities and Services, except I CO/PD/ESD 19 Environmental Services Designee ("ESD") 19-3 4 Unlawful connections III CO/PD/ESD 19-19 Special provisions for II CO/PD/ESD temporary metering 19-22 Tampering with meters, tap, II CO/PD/ESD etc., unlawful 19-25.1 Cross Connections- II CO/PD/ESD Requirements 19-33 Unauthorized connections III CO/PD/ESD prohibited 19-37 Making or maintaining II CO/PD/ESD connections for disposal of certain substances prohibited 19-38 Acts or deposits of substances II CO/PD/ESD which impair, obstruct sewer flow prohibited 19-41 General discharge prohibitions II CO/PD/ESD 19-45 Specific pollutant limitations II CO/PD/ESD 19-63 Preparation of trash I CO/PD/ESD 19-66 Builders, building contractors II CO/PD/ESD and privately employed tree trimmers and tree surgeons 19-67 Transporting and disposing of II CO/PD/ESD garbage and trash solid waste 7 #2012-R-18 The Sections listed below relating to misuse of potable, well or reclaimed/reuse water by any person who does not contest a citation shall be fined the following: 1St Offense Warning Notice 2nd Offense Class I 3rd Offense Class II 4th Offense Class III 5th Offense Mandatory Court Appearance 19-92 93 Landscape irrigation schedules See list above CO/PD/ESD 19-93 94 General restrictions on water See list above CO/PD/ESD use 19-123 Required use of reclaimed See list above CO/PD/ESD water system 19-124 Limitations on use of See list above CO/PD/ESD reclaimed water 19-126 Ownership and maintenance See list above CO/PD/ESD of reclaimed water system 19-127 Prohibited activities and See list above CO/PD/ESD biennial inspections Chapter Vehicles for Hire, except I CO/PD/ESD 19.5 19.5-6 Business Tax Receipt and II CO/PD/ESD Certificate of Use required for business 19.5-12 Public liability insurance II CO/PD/ESD required 19.5-28 Issuance and contents of II PD permits Chapter Land Development Code CO 21 Article Permitted, Conditional, I CO III Accessory and Prohibited Uses, except 21-37.01 Code specific CO thru 21-37.08 Article Resource Protection I CO IV Standards, except 8 #2012-R-18 21-41.03 Permit required (Wetland III CO alteration) Article Site Design Criteria, except I CO V 21-53.02 Stormwater Management II CO Requirements, Permit Authority 21-55.02 Tree Protection Requirements, II CO Tree Removal Permit required Article Sign Regulations I CO VI Article Applications Procedure I CO IX 21-102 Mining Permits Only III CO Article Reserved X Article Telecommunication Towers I CO XII Article Subdivisions I CO XIII Article Historic Preservation II CO XIV Article Fire and Hazard Prevention I CO XVI Article Indian River Boulevard I CO XVII Corridor Design Regulations Article Adult Entertainment I CO/PD XIX Article Ridgewood Avenue Corridor I CO XX Design Regulations SECTION 1-9 - (ADDITIONAL COURT COST FOR LAW ENFORCEMENT EDUCATION) Section 1-9(a): Court Costs pursuant to Section 318.18(11)(b), Florida Statutes: $3.00 Criminal Justice Education pursuant to Section 938.15, Florida Statutes: $2.00 Section 2-6 Dishonored check policy $25.00 or 5%whichever is greater 9 #2012-R-18 CHAPTER 5 (ANIMAL SERVICES) SCHEDULE OF FEES AND CIVIL PENALTIES FEES Section 5-21. Disposition of dead animals $20.00 Section 5-31. License/Tag Required (a) Fee— per calendar year $12.50 Pro-rated for first time purchaser after July 1St $ 7.50 (1) Sterilized animal $12.50 (2) Unsterilized animal $22.50 (b) Duplicate tag $ 7.00 (c) Administrative fee $ 2.50 Section 5-36. Breeding and Kennels Annual Breeder Permit Fee with required Inspection $150.00 Additional re-inspection Breeder facility fee $ 50.00 Section 5-41. Disposition of impounded animals Initial intake, registration, etc.: $35.00— 1St day fee Each additional day: $15.00/per day Surcharge for unlicensed animals $10.00 Section 5-60(e). Dangerous animal registration (a) Sterilized animal $100.00 (b) Unsterilized animal $150.00 Section 5-70(h): Animal Control Surcharge pursuant to Section 828.27(4)(b), $5.00 Florida Statutes. ANIMAL CONTROL - MISCELLANEOUS FEES Emergency Call-Out Fee - 31.60 per hour(minimum call-out of 3 hrs) Fee is for emergency call-out after normal business hours for an animal control officer to respond to a call. Return to Owner Fee's (Fee assessed for animals returned to owner prior to being impounded) (a) Licensed $10.00 (b) Unlicensed $20.00 10 #2012-R-18 ANIMAL SHELTER—MISCELLANEOUS FEES The Animal Shelter is currently being operated by a contracted veterinarian. In the event the City resumes operation of the Shelter, these fees will take effect. Adoption Fee: Cat $60.00 *base charge Dog $60.00 *base charge * The base charge may be increased or decreased based on shelter staff's evaluation of animal and/or other veterinary and associated expenses. Animal Microchipping Fee (including National registration) $30.00 base charge Boarding Charges: Initial intake, registration, etc.: $35.00— 1st day fee Each additional day: $15.00/per day CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) Section 10-97. Lien Against Property Section 10-97(d): Lien Inquiry/Reports: $30.00/parcel Article VIII. Vehicles Section 10-114: Same—Restoration & Permits—For Residential Properties Application fee: $50.00 Restoration permit: $25.00 annual renewal CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS) ARTICLE III. FALSE ALARMS Section 12-62. Alarm Permit Required $50.00 Section 12-66. False Alarms - Service Charges Police Department - 1st False Alarm - (in excess of 3 in any 6 month period) $50.00 2"d False Alarm - (in excess of 3 in any 6 month period) $75.00 3rd False Alarm - (for the 3rd & each successive false alarm in excess of 3 in any 6 month period) $100.00 Fire/Rescue Services 1st False Alarm - (in excess of 3 in any 6 month period) $125.00 2"d False Alarm - (in excess of 3 in any 6 month period) $150.00 3rd False Alarm - (for the 3`d & each successive false alarm in excess of 3 in any 6 month period) $200.00 11 #2012-R-18 CHAPTER 19 (UTILITIES AND SERVICES) SCHEDULE OF COSTS/FEES Section 19-2. Utility Ddeposits, service charges and transfer fees: It is the policy of the City to require a deposit for water, and sewer service as follows: Water Service The security deposit for water accounts based on the various meter sizes offered is as follows: 5/8" $50.00 1" $75.00 1-1/2" $100.00 2" $100.00 3" $100.00 4" $100.00 6" $100.00 8" $100.00 Wastewater(Sewer) Service The security deposit for wastewater accounts based on the various meter sizes offered is as follows: 5/8" $50.00 1" $75.00 1-1/2" $100.00 2" $100.00 3" $100.00 4" $100.00 6" $100.00 8" $100.00 In the event only wastewater service is furnished by the City and no water services, the deposit for the account will be determined by property use and the size of the meter typically used for that property classification. Additional Deposits In the event the utility service is disconnected for non-payment or has received 2 or more returned checks within a 12 month period, or insufficient utility credit score, the City may require a deposit(s) sufficient to cover at least 2 months of the previous average monthly billing to be paid. If such additional deposit is not made within 10 days, the City may disconnect services in accordance with policy. Deposit Payments Residential Accounts The customer will be billed for the deposit(s) and will have 10 days to pay said deposit(s). If the customer does not pay the deposit(s) within the 10 day period, utility services will be subject to disconnection. Installment arrangements may be made at the discretion of the City. An applicant for city water and sewer services will not be required to make a deposit when the applicant meets one of the following conditions: 1) Has an existing account with good credit standing with the City. Discontinuance of service for non-payment on an existing account will be treated as new applicants. 2) Any new customer establishing services will have their credit checked with their social security number as verified by the "On-Line Utility Exchange" or any other provider of similar services. The City will perform one credit check for each new account opened. Based on the results,the customer may or may not be required to pay a deposit. 12 #2012-R-18 The City will not transfer a deposit from one individual to another individual. Transfers of deposit(s) from one address to another address for the same individual will be made provided the account balance at the active service location is in a current status (outstanding balance is zero). If a customer transfers his or her deposit to an account within the system, the final bill on the old account, if delinquent, will be transferred to the current account for collection and the current account becomes subject to collections and disconnect procedures. Customers that are continuously delinquent are subject to an update of their deposit requirements. Commercial Accounts 1) The customer is required to pay the full deposit at the time the account is being established. 2) When the required combined total deposit exceeds $1,000, the applicant, at his or her option, may furnish in lieu of cash the following instruments; • A surety bond for the full amount required; OR • An irrevocable letter of credit satisfactory to the City for the full amount required. 3) In the event the above instruments mature, the City reserves the right to request cash (legal tender) for the required deposit. 4) Failure to comply with this requirement will result in discontinuance of service. Refund of Deposits For residential owner occupied accounts only, the City will credit the deposit to the customer's account when: 1. The customer has paid bills for the previous 12 consecutive residential billings without having service disconnected for non-payment; AND The deposits are refundable only to the customer whose name appears thereon. Customer Deposit Deposits are kept in a non-interest bearing account. Records of Deposit The City will keep records to show: • Name and address • Amount and date of deposit • Each transaction concerning deposit The City will issue a receipt of deposit to each applicant from whom a deposit is received. A record of each unclaimed deposit will be maintained and the City will make a reasonable effort to return the deposit. -- . ' ' .. ' . - - st in a non interest bearing account. The city shall retain the deposit given after establishment of 36 successive months of good credit. 13 #2012-R-18 Residential service: Water service only $ 100.00 Sewer service only $ 100.00 Water and sewer service $ 200.00 Commercial service: Three times average monthly water, sewer and reclaimed service charge. Meter bench test: $ 50.00 Service charges to establish account or transfer of services: $ 25.00 Service charge for all other miscellaneous services: $ 25.00 11 - . . •. --- •. . - . .. . . - .. . . - - -- - . . - : during normal working hours $ 30.00 after hours (during work week) $ 75.00 weekends/holidays $100.00 Payment plan administration: $ 25.00 Section 19-4-4 6. Water Dates Payment of bills; service charges: Water Rates - Monthly Base Charges by Meter Size Residential Commercial Meter Size Amount Amount 3/4" $ 10.21 $ 11.23 1" $ 11.23 $ 11.23 1 1/4" $ 11.23 $ 11.23 1 '/z" $ 11.23 $ 11.23 2" $ 11.23 $ 11.23 3" $ 11.23 $ 11.23 $ 11.23 $ 11.23 6" $ 11.23 $ 11.23 8" $ 11.23 $ 11.23 Meter Size 3/4" $10.82 1" $13.53 1 1/4" $18.94 1 '/z" $27.05 2" $32.46 3" $43.28 14 #2012-R-18 4" $43.28 6" $43.28 8" $43.28 Master-Metered Residential Per Dwelling Equivalent Residential Uunit (ERU): $ 9.19 $ 9.74 Tiered Usage Charges •• ,! ! ! . ,4 • • Commercial Tier 1 Tier 2 Tier 3 Tier 4 All Meter Size 0 2,000 2,001 6,000 6,001 12,000 12,001 + Per Dwelling Unit 0 2,000 2,001 6,000 6,001 12,000 12,001 + Rate (in 1,000 gallons) $ 1.50 $ 4.28 $ 5.14 $ 6.68 $ 1.54 $ 4.39 $ 5.27 $ 6.85 Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. County and City Interlocal Water and Wastewater Agreement Pursuant to an Interlocal Water and Wastewater Agreement executed on October 26, 1999, the City provides wholesale water service to the County with the County providing wholesale wastewater service to the City. Rates to be charged are pursuant to the Agreement and/or subsequent amendments. Section 19-12. Water impact fees and WateF€connection charges: See Section 21-325.07 for amounts specified for various water connection fees. Section 19-17. Extraordinary service calls (miscellaneous fees) Extraordinary service calls: Extraordinary service calls outside of regular maintenance, for example, locating the meter when covered during sodding or filling on the property. The fee listed below of fifty dollars ($50.00) • - .• • . • - . plus the actual replacement costs shall be charged for meter• damage caused by building or construction on the property or other causes to the utility bill. Meter bench test: $ 50.00 15 #2012-R-18 Service charges to establish account or transfer of services: $ 25.00 30.00 Service charge for all other miscellaneous services: $ 25.00 Restoration from termination of service for potable and/or reclaimed water: during normal working hours $ 30.00 25.00 after hours and weekends/holidays(during work week) $7-5,00 100.00 weekends/holidays $100.00 Payment plan administration: $ 25.00 Mete..Bench Test. Meter bench test a customer request of a meter for accuracy. The first test, if deemed -- - . , --• . -- - • • . •.- ental Services Director. If the meter is found to be inaccurate, this charge will be voided. Section 19-19. Special Provisions for temporary metering. Fire Hydrant Meter Deposit $500.00 Section 19-25. Cross-connection—General policy: Backflow Device Testing/Bacteriological Testing: The required commercial backflow device testing shall be conducted by the City at required intervals as determined by the Director of Environmental Services or their designee based on the degree of hazard for a fee of fifty dollars ($50.00)per inspection and billed on the utility bill. When it is found that a cross connection exists that has been created by the customer, said customer shall be responsible for the cost of bacteriological testing required to clear the potable water lines for service. Each test shall be $50.00 for testing by City Laboratory or actual costs for outside laboratory testing. Extraer-dinar”erviee-eallsi covered during sodding or filling on the property. The fee of fifty dollars ($50.00) per Section 19-34. Sewer Connection Charge: Sewer Wastewater Connection Charge: $175.00 16 #2012-R-18 Section 19-35. Wastewater utility service fees . Sewer Rates - Monthly Base Charges by Meter Size Residential Commercial Meter Size Amount Amount $ 12.06 $ 1 3.27 1" $ 13.27 $ 13.27 1 '/4" $ 13.27 $ 13.27 1 '/z" $ 13.27 $ 13.27 2" $ 13.27 $ 13.27 3" $ 13.27 $ 13.27 'I" $ 13.27 $ 13.27 6" $ 13.27 $ 13.27 8" $ 13.27 $ 13.27 Meter Size 3/4" $12.78 1" $15.98 1 1/4" $22.37 1 1/2" $31.95 2" $38.34 3" $51.12 4" $51.12 6" $51.12 8" $51.12 Master-Metered Residential Per Dwelling Equivalent Residential Uunit (ERU): $ 1046 11.51 Usage Charges (in 1,000 gallons) all Customers: All Customers Tier 1 Consumption All Use Rate $ 475-9 5.03 Charges outside the City limits shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. 17 #2012-R-18 Section 19-50. • . . • ' • •• • ' •• Fees. Industrial Pretreatment Program Industrial Pretreatment Program Initial Permit Fee: $50.00 Industrial Pretreatment Program Annual Permit Fee: $25.00 (includes annual inspection) Industrial Pretreatment Program: Inspection Fees: $25.00 (per inspection) Section 19-60. _ . . • -• • • . _ • . Refuse utility fees. A. Residential Refuse Services: all residential services include single family and multi- family residence; multiple dwelling; trailer park and mobile home park and shall be charged the following: $20.15 per month for collection and disposal per unit In addition to the fees listed above, each location that has more than three (3) cans for pickup shall be charged an additional $3.00 per can. B. Commercial Refuse Services: non-residential services include all types of business, commercial and professional establishments and shall be charged the following: $22.65 per month for collection and disposal per unit In addition to the fees listed above, each location that has more than three (3) cans for pickup shall be charged an additional $3.00 per can. C. Recycling Rates: All recycling which includes, but is not limited to: residential and commercial: $ 2.60 per month for collection and disposal per unit D. Special Pickups: Special pickups of non-bundled yard trash will be assessed a $45.00 minimum charge for up to four (4) cubic yards. Each additional cubic yard will be charged $11.50. Section 19-82/19-83. Stormwater management utility fee/Schedule: Charges per EDU will be eight dollars ($8.00)per month consists of a base fee of$4.40 per EDU applicable to all developed properties, plus an assessment fee of$3.60 per EDU applicable to all developed property. All commercial and non-residential property with site mitigation facilities will not pay the assessment fee. Section 19-97. • , • . • • . • • • ' • . - Enforcement If there is a disconnection of reclaimed water service due to water conservation restrictions and/or violations, each customer will be assessed a thirty dollar ($30.00) re-connection fee for services. 18 #2012-R-18 Section 19-130. Reclaimed water utility fees '4 . • • . • . •• • • , Base Rate (0-25,000 gallons) $9.50 25,001 —35,000 gallons $0.31/1,000 35,001 + gallons $0.42/1,000 Chapter 19—Miscellaneous: a) Delinquency fee: A delinquency charge relating to the amount due for water, sewer, reclaimed, refuse and stormwater of five percent (5%) shall be charged if the customer has not paid the outstanding amount due within twenty (20) days of the billing date of said charges. Should there be a failure by the customer receiving services to not pay the bill in full for said services later than thirty (30) days from the billing date for said service, then said service shall be assessed an additional delinquency fee of thirty dollars ($30.00). If charges are not paid by the thirty-fifth (35th) day than services shall be terminated and shall not be reconnected after discontinuance until all past due bills are fully paid, together with said delinquency charges for past due bills. At no time shall service be disconnected for a balance less than fifty dollars ($50.00) twenty-five dollars ($25.00). b) Payment plans: At the discretion of the City a payment plan may be established for accounts that are currently disconnected or have a past due balance greater than three hundred dollars ($300.00). The monthly payment plan shall be for a period of no longer than six months and will be in addition to the normal monthly utility bill. There will be no waiver/reduction of the accrued delinquency charges and an additional administration fee of $25.00 will be charged for setting up and administering the payment plan. Upon establishment of the payment plan, agreement by the customer and receipt of the first payment then service can be restored. If a customer fails to complete the payment plan in full, the City shall be entitled to take all legal action permissible, including but not limited to, delivering the underlying utility lien to the county court for enforcement and/or forwarding this matter to a collection agency to secure payment. Annual Review/Increase: There will be an annual increase of all fees/rates listed herein for water rates and sewer fees with the increase based on City Council direction received on November 7, 2011. Based on the approved Rate Study presented by Burton and Associates. There will be an annual review of all refuse fees. Annual increase will be based on the CPI (Energy Index ad of July) or by five percent (5%), whichever is less. There will be an annual review of all recycling fees. Annual increase will be based on the current contracted price for recycling of our provider plus all administrative cost. There will be an annual review of all stormwater fees. Annual increase will be based on the CPI (Energy Index as of July) or by five percent (5%), whichever is less. Said increase(s) will take effect on October 1, of each year. 19 #2012-R-18 UTILITIES AND SERVICES—MISCELLANEOUS FEES WATER and SEWER Reserved Capacity per ERU Not connected within twelve (12) months of readiness to serve: Water $ 11.23 11.90/month Sewer $ 13.27 14.07/month Monthly Base Fee $ 21.50/month Assessment District when water or sewer is deemed to be available: Water $ 11.23 11.90/month in City Sewer $ 13.27 14.07/month in City Charges outside the City shall be in an amount equal to the equivalent charge for a corresponding connection inside the City limits plus a twenty-five percent (25%) surcharge or as allowed by applicable State Statutes, whichever is greater. CHAPTER 21 (LAND DEVELOPMENT CODE) ARTICLE IX. Application Procedures Section 21-90.03 Application Fee Schedule DEVELOPMENT FEES PLANNING & ENGINEERING, APPROVALS & PERMITS APPLICATION FEES: Abandonment/Plat Vacation (Easement) $ 500.00 Abandonment/Plat Vacation (Right-of-way) $1,000.00 Address (1st- ten addresses) $ 25.00 per address - new Address (11th -20th addresses) $ 15.00 per address - new Address (21St- 50th addresses) $ 10.00 per address - new Address (each additional address after 50) $ 5.00 each - new Annexation(residential 1 lots or less) $ 250.00 Annexation (all others) $ 500.00 Appeals $ 500.00 Comprehensive Plan Amendment Large Scale $17000.00 750.00 Small Scale $ 500.00 Conditional Use Permit $ 250.00 De-annexation $2,500.00 Development of Regional Impact(DRI)—Application $2,000.00 DRI - Determination of Substantial Deviation $ 300.00 Zoning Agreements $ 300.00 plus fees for any approvals bundled with agreement Mining Permits $ 200.00 20 #2012-R-18 Minor Replats/Lot Splits $300.00 200.00 includes two inspections $ 25.00 re-inspection Preliminary Record Plat and Construction Plan Approval Final Plat $1,000.00 Re-Plat $ 500.00 Preliminary Plat $ 200.00 Site Plan Approval (minor-staff review only) $1,000.00 500.00 Site Plan Approval (major-P&Z/Council review) $1,000.00 750.00 Special Activity (minor-staff review only) $ 300.00 100.00 per day Special Activity (major-council review) $ 200.00 per day Stormwatcr Permits $ 50.00 per acre or $250.00 whichever is greater Stormwater Plan Review $ 500:00 250.00 Stormwatcr Residential $ 50.00 Street Name Change $ 175.00 Telecommunication Towers $ 500.00 Variance (administrative) $ 100.00 Variance (1 & 2 family residence, non-habitable structure) $ 150.00 Variance (all others) $ 500.00 Vested Rights Determination $1,000.00 Wetland Alteration Permit $ 100.00 Zoning Agreement Amendment $ 500.00 Zoning/Land Use Designation Letter $ 50.00 Zoning Alcoholic Beverage Signoff $ 50.00 Zoning Map Amendment Planned Unit Development (PUD) $1,000.00 750.00 Other $1,000.00 500.00 *Engineering, Recording, Legal Fees, Surveying and Arborist (if applicable) shall be paid by the applicant. *Any additional charges required by the City relating to administration, building or permitting shall be borne by the applicant. These fees may include, but are not limited to: engineering, recording, legal, advertisements, surveying and arborist (if applicable). DEVELOPMENT FEES CONSTRUCTION PERMITS BUILDING PERMIT FEES Building valuations shall be as per the latest issued building valuation published in the Building Safety Journal by the International Code Council. Application Fee (non-refundable) 1 &2 Family Residences $200.00 Mobile Homes $ 50.00 Commercial $400.00 TOTAL VALUATION FEE 21 #2012-R-18 $1,000 and less $40.00 MINIMUM $1,000 to $40,000 $40.00 for the first $1,000.00, $6.00 for each additional thousand or fraction thereof, to and including $40,000.00. $40,000 to $100,000 $274.00 for the first $40,000.01 plus $4.00 for each additional thousand or fraction thereof, to and including $100,000.00. $100,000.01 to $500,000 $510.00 for the first $100,000.01 plus $3.00 for each additional thousand or fraction thereof, to and including $500,000.00. $500,000.01 and up $1,707.00 for the first $500,000.01 plus $2.00 for each additional thousand or fraction thereof. DEMOLITION FEES For the demolition of any building or structures, the fee shall be: $0.15 per square foot of building under roof/footprint DRIVEWAY PERMITS $50.00 includes one inspection $25.00 re-inspection ELECTRICAL FEES Before a permit is issued for any electrical work or installation for which a permit is required, fees in accordance with the table below shall be paid. Base $ 40.00 250 Amp $ 80.00 100 Amp $ 50.00 300 Amp $ 95.00 125 Amp $ 60.00 400 Amp $ 125.00 150 Amp $ 70.00 Temporary Pole $ 40.00 200 Amp $ 75.00 Swimming Pools $ 40.00 Signs $ 40.00 EXCAVATION/LANDFILL Placement or removal of 40 cubic yards or less $ 50.00 Placement or removal over 40 cubic yards $100.00 FENCE PERMIT $40.00 for 1st $1,000.00 of value. $6.00 for each additional $1,000.00. FIRE PROTECTION FEES Pre-engineered hood system/other pre-engineered $ 50.00 Fire sprinkler system 22 #2012-R-18 Base $ 20.00 Standpipe $ 10.00 each Head 1.00 each Fire alarm system Base $ 20.00 Pull station $ 5.00 each Detection device $ 5.00 each GAS PERMIT FEES Base $ 40.00 Per outlet charge $ 5.00 MANUFACTURED/MOBILE HOME PLACEMENT Base $250.00 Double Wide $275.00 Electrical $ 40.00 Triple Wide $300.00 Plumbing $ 40.00 Mechanical $ 40.00 23 #2012-R-18 MECHANICAL PERMIT FEES Before a permit is issued for any mechanical work or installation for which a permit is required, a fee or fees, in accordance with the table below, shall be paid. Base up to $1,000.00 $ 40.00 Each additional $1,000 or fraction thereof $ 7.00 MOVING FEES For the moving of any building or structure, the fee is as follows: Building 1,000 square feet or less $200.00 Building over 1,000 square feet $400.00 OTHER USE PERMIT - Working in Public Right-of-Way $ 50.00 PLUMBING PERMIT FEES Before a permit is issued for any plumbing, sewer, or drainage work or installation for which a permit is required, a fee or fees, in accordance with the table below, shall be paid. Fee for permit $40.00 Per fixture charge 5.00 Fire sprinkler system connected to City water supply 7.00 Fire stand pipe lines, Siamese, roof manifold lines 2.00 Each outlet, sprinkler head 1.00 Sprinkler or irrigation system $25.00 SIGN PERMIT FEES Each application for a sign permit for a sign containing no electrical wiring or lighting shall be accompanied by a fee in the amount of twenty dollars ($20.00) for the first five (5) square feet, or fraction thereof, of the advertising display area of the sign and two dollars ($2.00) for each additional square foot, or fraction thereof, of such area. For a sign containing electrical wiring or lighting, there shall be an additional fee as required by the Edgewater Electrical Code. STORMWATER CONSTRUCTION PERMIT * $50.00 per unit for residential $250.00 or $50.00 per acre for commercial projects (whichever is greater) $25.00 re-inspection fee * This fee shall apply not apply to any new or existing construction that paid for a site plan review application fee or plan review fee for construction. SWALE MODIFICATION/EXFILTRATION SYSTEM $50.00 (includes one inspection) $25.00 re-inspection fee SWIMMING POOL FEES Residential Pools: Pools without enclosure $ 100.00 Pools with enclosure $ 150.00 24 #2012-R-18 Commercial Pools: Pools without enclosure $200.00 Pools with enclosure $250.00 Above Ground Pools: $ 40.00 TEMPORARY PERMIT FOR STAGE/PLATFORM/BLEACHER/ETC. $50.00 TENT $50.00 TREE REMOVAL PERMITS: SPECIMEN $25.00 per 1 & 2 family lots $75.00 per multi-family& non-residential HISTORIC $5.00/square inch PENALTIES Any person who commences any work on a building structure, fence, sign, driveway, electrical, gas, mechanical, stormwater or plumbing system before obtaining the necessary permits, shall be subject to a penalty of 200% of the usual permit fee in addition to the required permit fees. REINSPECTION At any time building inspection personnel are obligated to reinspect any building or premises, mobile home lot or mobile home within the City to ascertain compliance with the codes as adopted by the City regarding building, electrical, plumbing, mechanical, gas, stormwater systems and other, a reinspection fee of twenty-five dollars ($25.00) shall be levied for said reinspection and increases of twenty-five dollars ($25.00) shall be added for each additional reinspection. AFTER HOUR INSPECTION (Inspections requested of city inspectors beyond normal working hours. After hour inspection fees from consultants/engineer will be based on fees established by said consultant/engineer): $50.00 per hour with a 2-hour minimum. LIFE SAFETY PLANS-CHECKING FEE When plan and associated documents require additional plan checking by Fire-Rescue personnel, the following fees shall be assessed: Fire flow calculation $25.00 Building Construction $0.35 per $1,000 of valuation, max. $92.00 Fire alarm system $4.00 per$1,000 of valuation, max $92.00 Fire sprinkler system $4.00 per $1,000 of valuation, max $92.00 Fuel tank installation $4.00 per$1,000 of valuation, max $118.00 Underground fuel tank $4.00 per $1,000 of valuation, max $116.00 All others $35.00 base plus $4.00 per$1,000 of value *Engineering Fees shall be paid by the applicant *All Recording Fees shall be paid by the applicant *Any additional charges required by the City relating to administration, building or permitting shall be borne by the applicant. These fees may include, but are not limited to: engineering, recording, legal and surveying. 25 #2012-R-18 Plans Review for Buildings: New Construction, and Renovation; Fees A fee for plan review shall be charged to recover a portion of the costs of this service. This fee shall be calculated by building use, as found in the Florida Building Code, and shall be calculated on the basis of square footage. This fee shall be paid at the Edgewater City Hall at the time of submission of the plan(s). The fees shall be as follows: (a) Assembly $0.0025/sq.ft. (b) Business $0.001/sq.ft. (c) Educational $0.0025/sq.ft. (d) Factory/Industrial $0.005/sq.ft. (e) Hazardous $0.0075/sq.ft. (f) Institutional $0.0025/sq.ft. (g) Mercantile $0.001/sq.ft. (h) Residential $0.0025/sq.ft. (i) Storage $0.002/sq.ft. (j) Mixed This section with the highest level of life safety risk shall determine the rate for the entire building Exception: Reviews of an automatic fire suppression systems plans protecting an entire building(s) and its contents, and installed in accordance with the requirements of the appropriate N.F.P.A. Standard, shall be exempt from plans review fees charged in the previous sections. Specialty Plan Review Fees A fee for plan(s) review of unusual or atypical projects shall be charged to recover a portion of the costs of this service. Examples of these types or structures or projects would include, but not be limited to: fuel tank farms, outdoor materials storage, etc. The fees will be calculated as follows: 1. $0.0025 per square foot of improved area ARTICLE X. Boat Slip Allocation TYPE OF ALLOCATION FEE Excess Boat Slip Allocation Permit 1. Reservation and extension fee, per slip per year $100.00 2. Single family residence application fee, per slip $250.00 3. Multi-family residence application fee, per slip $1,000.00 4. Commercial boat slip application fee, per slip $1,000.00 Excess Boat Slip Annual Use Renewal Fee/Year 1. Single family residence, per slip $25.00 2. Multi-family residence, per slip $100.00 3. Commercial boat slips, per slip $250.00 26 #2012-R-18 ARTICLE XVI. Fire and Prevention - Section 21-230.03 Burn Permits $75.00 ARTICLE XVII. Development/Impact Fees 21-310.04 - Pedestrian System Development Fee Schedule PEDESTRIAN SYSTEM DEVELOPMENT FEE SCHEDULE Street/Roadway Minimum Pedestrian/Sidewalk Development Fee Per Classification Width Linear Foot Local 4 feet $10.36 Collector 5 feet $12.96 Arterial 6 feet $15.55 21-311.04 - Tree Relocation Fee Schedule and Replacement Tree Fee Schedule Determination of the bond amount and the tree replacement contribution shall be computed based upon the most current version of the Guide for Plant Appraisal, published by the International Society of Arboriculture. 21-311.05 - Payment in Lieu of Tree Replacement Payment shall be $5.00 per square inch of required mitigation in lieu of tree replacement. 21-320.03 Recreational Parks and Open Space Impact Fee Schedule RECREATIONAL PARKS AND OPEN SPACE IMPACT FEE SCHEDULE LAND USE TYPE FEE AMOUNT RESIDENTIAL Single Family Detached 2 Bedroom or less $ 571.84 3 Bedroom $ 612.11 4 Bedroom or more $ 757.09 Single Family Attached 2 Bedroom or less $ 378.55 3 Bedroom or more $ 676.55 Multi-Family 2 Bedroom or less $ 434.92 3 Bedroom or more $ 716.81 27 #2012-R-18 Mobile Home 1 Bedroom or less $ 298.01 2 Bedroom $ 451.03 3 Bedroom or more $ 636.27 Hotel or Motel Per Room $ 459.09 21-321.03 - Fire Protection and EMS Impact Fee Schedule FIRE PROTECTION AND EMS IMPACT FEE SCHEDULE Land Use Development Calls/Unit Net Net Unit Cost/Call Cost/Unit Single-Family/Mobile Dwelling/Unit/ 0.200 $1,652.53 $330.51 Home/Hotel Room Multi-Family Dwelling 0.087 $1,652.53 $143.77 R/V Park Pad Site 0.00 $1,652.53 0.00 Retail/Commercial 1,000 sq.ft. 0.146 $1,652.53 $241.27 Office/Institutional 1,000 sq.ft. 0.100 $1,652.53 $165.25 Industrial/Warehouse 1,000 sq.ft 0.007 $1,652.53 $ 11.57 21-322.03 - Police Impact Fee Schedule POLICE IMPACT FEE SCHEDULE Land Use Development Functional Net Net Unit Unit Cost Cost/Unit Single-Family/Detached * Dwelling 1.46 $92.32 $150.66 Single-Family/Attached Dwelling 1.08 $92.32 $111.45 Duplex/Apartment/ Dwelling 0.97 $92.32 $100.10 Condominium Mobile Home or R/V Park Pad Site 0.80 $92.32 $ 82.55 Hotel/Motel Room 2.21 $92.32 $228.06 Retail/Commercial 1,000 sq.ft. 3.25 $92.32 $335.38 Office/Institutional 1,000 sq.ft. 1.96 $92.32 $202.27 Industrial/Warehouse 1,000 sq.ft. 1.16 $92.32 $119.72 * Includes mobile homes on single lots. 28 #2012-R-18 21-323.03 - Transportation/Road Impact Fee Schedule TRANSPORTATION/ROAD IMPACT FEE SCHEDULE ITE Use Unit Trip Trip % New FEE PER Code Rate Length Trips unit (or) 1,000 s.f. Residential 210 Single Family DU 9.21 4.53 100.00 $1,426.17 220 Apartment DU 6.46 4.77 100.00 $1,053.97 230 Residential DU 5.94 3.45 100.00 $701.46 Condominium/Townhouse 240 Mobile Home Park DU 4.86 3.32 100.00 $551.95 310 Hotel Rooms 8.72 4.78 72.65 $1,035.53 320 Motel Rooms 6.28 3.47 77.63 $577.48 620 Nursing Home Beds 2.65 2.00 88.50 $160.17 Office and Financial 610 Hospital 1,000 sf 15.78 3.92 81.60 $1,727.69 710 Office under 10,000 sf 1,000 sf 19.45 4.18 93.62 $2,602.02 710 Office over 10,000 sf 1,000 sf 12.72 4.04 94.35 $1,658.47 714 Corporate headquarters 1,000 sf 7.72 3.37 93.00 $826.49 building 720 Medical Office 1,000 sf 36.48 3.72 87.70 $4,067.95 750 Office Park 1,000 sf 15.01 5.63 82.00 $2,367.76 760 Research Center 1,000 sf 7.11 4.77 87.00 $1,007.14 29 #2012-R-18 770 Business Park 1,000 sf 16.87 4.69 81.80 $2,212.37 911 Bank w/out Drive-through 1,000 sf 153.98 1.71 35.80 $3,219.60 912 Bank w/Drive-through 1,000 sf 291.04 1.83 51.52 $9,364.76 Industrial 110 Light Industry 1,000 sf 6.98 4.68 93.20 $1,039.78 130 Industrial Park 1,000 sf 8.26 4.99 92.00 $1,295.11 140 Manufacturing 1,000 sf 3.82 4.68 93.60 $571.06 150 Warehouse 1,000 sf 4.95 4.59 92.00 $717.14 151 Mini-Warehouse 1,000 sf 2.52 2.99 93.20 $240.02 Retail 812 Building Materials and 1,000 sf 32.88 4.16 69.80 $3,263.20 Lumber Store 816 Hardware/Paint Store 1,000 sf 51.29 6.56 74.00 $8,504.85 820 Retail, less than 10,00 sf 1,000 sf 144.40 1.39 51.25 $3,505.39 820 Retail, 10,000 - 99,999 sf 1,000 sf 73.50 1.47 60.50 $2,237.32 820 Retail, 100,000 - 1,000,000 sf 1,000 sf 27.67 2.17 84.00 $1,722.18 820 Retail, Greater than 1,000,000 1,000 sf 29.18 2.81 86.00 $2,407.73 sf 831 Quality Restaurant 1,000 sf 95.63 2.22 77.80 $5,642.08 821 High-Turnover Restaurant 1,000 sf 148.84 2.11 75.35 $8,089.22 834 Fast Food Restaurant 1,000 sf 552.12 1.43 58.04 $15,708.53 30 #2012-R-18 CBC Sandwich Shop 1,000 sf 19.30 4.05 100.00 $2,674.51 836 Bar/Lounge/Drinking Place 1,000 sf 130.34 3.17 72.00 $10,177.50 837 Quick Lube Bays 41.69 2.56 71.13 $2,592.89 840 Auto Care/Detailing 1,000 sf 35.76 2.39 74.32 $2,169.54 841 New and Used Car Sales 1,000 sf 37.20 3.21 78.80 $3,215.15 847 Car Wash 1,000 sf 129.60 1.66 69.00 $5,066.84 849 Tire Store/Auto Repair Bays 30.55 2.09 70.70 $1,544.99 850 Supermarket 1,000 sf 112.18 1.67 53.00 $3,401.67 851 Convenience Store 1,000 sf 755.56 1.02 40.66 $10,727.68 853 Convenience Store w/Gas 1,000 sf 793.28 1.18 28.63 $9,169.39 Pumps Convenience Store w/Gas 1,000 sf 940.20 1.91 32.67 $20,027.14 Pumps and Fast Food 862 Home Improvement Store 1,000 sf 38.13 3.09 50.00 $2,013.84 881 Pharmacy/Drugstore w/Drive 1,000 sf 89.89 1.74 41.33 $2,203.72 Through 890 Furniture Store 1,000 sf 4.81 4.06 59.12 $395.00 Recreational General Recreation Parking 3.02 4.43 95.00 $434.17 Space 411 City Park Parking 14.23 2.84 96.67 $1,334.59 Space 412 Major Park Parking 2.11 4.05 100.00 $292.40 Space 416 Campground/RV Park Space 3.90 4.55 77.00 $466.58 31 #2012-R-18 420 Marina Slip 2.97 5.77 94.67 $555.20 Major Sports Facility Parking 2.10 3.63 100.00 $260.85 Space Miscellaneous 444 Movie Theater Screens 124.48 1.89 82.12 $6,593.92 560 Church 1,000 sf 9.11 2.97 90.00 $832.20 565 Day Care 1,000 sf 75.13 1.55 73.32 $2,914.99 Airport Hanger 1,000 sf 4.96 8.36 92.00 $1,303.30 Veterinary Clinic 1,000 sf 32.80 1.77 70.00 $1,389.24 21-325.01 - Water Capital Charges A water capital charge is hereby established at $ 7.90 per gallon of potable water capacity or $1,612.43 (one thousand six hundred twelve dollars and 43/100) per equivalent residential unit (ERU). Those persons, corporations or entities who or which have entered into an agreement with the City providing credits against the water capacity charges shall be exempt from paying this water capital charge. 21-325.06 - System Design; Independent Engineers; City's Engineer Fees for the City Engineer's review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and comments related to said review. 21-325.07 - Meter Installation and Connection Fees METER INSTALLATION AND CONNECTION FEES FEE TYPE AMOUNT Reclaimed Meter Installation Fee 1 inch $ 650.00 Meter Installation Fee 3/4 inch $ 556.96 Meter Installation Fee 1 inch $ 724.05 Meter Installation Fee 1.5 inch $ 946.84 Meter Installation Fee 2 inch $1,519.40 turbine meter 32 #2012-R-18 Meter Connection Fee 3 inch $1,936.01 turbine meter Meter Connection Fee 4 inch $3,751.71 turbine meter Meter Connection Fee 6 inch $4,126.00 turbine meter Meter Connection Fee 8 inch $7,024.44 turbine meter Meter Connection Fee 10 inch $9,907.29 turbine meter Meter Installation Fee 2 inch $2,234.55 compound meter Meter Connection Fee 3 inch $2,860.57 compound meter Meter Connection Fee 4 inch $4,504.73 compound meter Meter Connection Fee 6 inch $8,285.41 compound meter 21-325.08 - Inspection Fees All facilities proposed for transference to the City for ownership, operation and control shall be inspected to insure all construction/installation was in accordance with approved designs, Standard Construction Details, etc. Inspection fees shall be borne by each developer with all costs being reimbursed to the City as determined by the City's consulting engineer. 21-325.12 - Water Capital Charges for Consumers Outside City Limits All consumers located outside the corporate limits of the City shall be charged the applicable water capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. 21-327 Sewer Capital Charges A sewer capital charge is hereby established at $10.92 12.78 per gallon of wastewater capacity or $2,226.69 (two thousand two hundred twenty six dollars and 69/100) per ERU. Those persons, corporations or entities who or which have previously prepaid the existing sewer capacity charges shall be exempt from paying this sewer capital charge (i.e. Florida Shores assessment area). For the purpose of calculating and imposing non-residential water and sewer capital charges, the following ERU conversion ratios may be utilized as a reference: 33 #2012-R-18 WATER& SEWER CAPITAL CHARGES ESTABLISHMENT UNIT ERU FACTOR Residential: Single-family detached per dwelling unit 1.0 Duplex per dwelling unit 1.0 Multi-family per dwelling unit 1.0 Mobile home per dwelling unit 1.0 Commercial: Shopping center& retail shopping per 1,000 sq.ft. gross 0.5 Office building (add food service & retail space) per 1,000 sq.ft. gross 0.4 Auditorium per seat 0.02 Laundry, self-service per machine 1.4 Barber/beauty shop per operating station 0.333 Bowling alley per lane 0.333 Theater per seat 0.02 Dinner theater per seat 0.1 Trailer Park (overnight) per space 0.833 Dentist's office per dentist 1.0 Dentist's office per wet chair 0.667 Doctor's office per doctor 1.0 Hospital per bed 0.833 Nursing home per bed 0.5 Automotive service and/or detailing facility per bay 1.0 Automotive care per wash bay 3.2 Automotive care per public restroom 1.5 Convenience store/self service gas pumps per public restroom 1.5 Industrial building (not including food service of industrial waste flows) Without showers per 1,000 sq.ft. 0.4 With showers per 1,000 sq.ft. 1.25 34 #2012-R-18 Hotel or motel per room 0.5 (not including food service, banquet and meeting rooms, and laundries calculated separately) Church per seat 0.02 Warehouse per 1,000 sq.ft. 0.75 Grocery store per 1,000 sq.ft. gross 0.75 Food service: Restaurant/cafeteria per seat 0.1 Restaurant (24 hours) per seat 0.185 Restaurant (fast food) per seat 0.1 Bar/cocktail lounge per seat 0.1 Schools, middle &high per student 0.075 Schools, elementary& nursery per student 0.033 21-327.06 - System Design; Independent Engineer; City's Engineer Fees for the City Engineer's review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and comments related to said review. 21-327.07 - Inspection Fees All facilities proposed for transference to the City for ownership, operation and control shall be inspected to insure all construction/installation was in accordance with approved designs, etc. Inspection fees shall be borne by each developer with all costs being reimbursed to the City as determined by the City's consulting engineer. 21-327.11 - Sewer Capital Charges for Consumers Outside City Limits All consumers located outside the corporate limits of the City shall be charged the applicable sewer capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. 35 #2012-R-18 CITY OF EDGEWATER ADDITIONAL ADMINISTRATIVE FEES/COSTS 1. PERSONNEL Any personnel costs to be charged for special events, activities, call-outs shall be tabulated by the Personnel Department and shall include the salary of the employee assigned along with all benefits charged and paid by the City along with any associated vehicle and/or equipment charges. 2. EQUIPMENT COSTS Any City owned equipment used in any special events, activities, call-outs and code enforcement actions or any other activities shall be charged based on the most current FEMA Schedule of Equipment Rates along with a ten percent (10%) administration fee and a thirty percent (30%) mobilization/demobilization fee. 3. LEISURE SERVICES Rental Fees Ballfield without lights $35.00 per hour Ballfield with lights $65.00 per hour *** Note - Programs operated by the Leisure Services Department are seasonal, therefore, fees for events and other programs will be set by staff of the Leisure Services Department based on the event/program costs. Rental of ballfields for school activities may be negotiated between both parties to provide a serviceable rate. Hawks Park Amphitheater Time Non-Profit Rate For Profit Rate Up to 4 hours $250.00 $400.00 Per Day $500.00 $700.00 4. MISCELLANEOUS FEES: Storage fee— $10.00 per day This fee is for any item abandoned, found, and/or located on City right-of-way or easement areas that have been removed by the City and stored by the City (does not include forfeiture/impoundment fee). Code Enforcement reimbursement fees shall be equal to cost to provide services plus administrative fees and any additional fines or fees assessed by the Board. Administrative fee shall be $25.00. 36 #2012-R-18 5. POLICE DEPARTMENT Funeral/Miscellaneous Escorts $100.00 per escort Outside Details/Security $ 56.00 per officer per hour(includes vehicle) Fingerprinting $ 10.00 for two cards or less $ 10.00 each additional Vehicle Impoundment fee $ 27.00 per day (does not include civil penalties) (for vehicles stored on City property) 6. FINANCE DEPARTMENT Garage/Yard Sale Permit Fees $ 5.00 per request, maximum of two per year per location $25.00 per HOA or managed property, maximum of one per year If permit is obtained after the Garage/Yard Sale, the fee is double the original permit fee Payments made by telephone $ 5.00 per transaction for any City payments (utilities,building permits, licenses, etc) 7. CITY CLERK Peddlers, Solicitors, Canvassers and Itinerant Merchants $28.94 per application Miscellaneous charges for copies: Single-sided copies, up to 8 '/2" x 14" .15 each Double-sided copies, up to 8 '/2" x 14" .20 each Single-sided copies, up to 11" x 17" .50 each Double-sided copies, up to 11" x 17" .75 each Larger size copies Based on actual cost of duplication Certified copy of a public record $1.00 per page in addition to actual copy cost Duplicate audio tape $5.00 Duplicate CD or DVD $5.00 Duplicate audio tape (citizen provided tape) No charge unless extensive clerical assistance is required Duplicate CD or DVD (citizen provided) No charge unless extensive clerical assistance is required Duplicate video tape Based on actual cost of duplication Reprints of photographs Based on actual cost of duplication Facsimile Transmission $1.00 per faxed page Note: Additional charges will be added to cover the cost of postage and packaging if necessary. §119.07(1)(b), Florida Statutes, provides: "If the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that 37 #2012-R-18 is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both." 38 #2012-R-18 AGENDA REQUEST Final Millage Date: September 13, 2012 CONSENT PUBLIC HEARING September 24, 2012 RESOLUTION September 24, 2012 ORDINANCE OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution#2012-R-20 Approve Final Millage Rates for the City for Fiscal Year 2012-2013. BACKGROUND: Per Florida Statutes, including Chapter 200.065(2)(e) 1. Provides that the City Council shall adopt a Final Millage rate prior to the adoption of a Final Budget. STAFF RECOMMENDATION: Staff recommends City Council approve Final Millage Rates for Fiscal Year 2012-2013 pursuant to Resolution 2012-R-20. ACTION REQUESTED: Motion to approve the Final Millage Rates for Fiscal Year 2012-2013. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. Respectf y submitted, Concurrence: �C J athan C. McKinney \ Robin Matusick Finance Director Paralegal -cey B. City Ma -ger RESOLUTION 2012-R-20 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL MILLAGE RATES FOR THE CITY FOR FISCAL YEAR 2012-2013; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Statutes, including Section 200.065, provide that the City Council shall adopt a tentative millage rate prior to the adoption of a tentative budget; and, WHEREAS, the Volusia County Property Appraiser has certified the gross taxable value of property within the City of Edgewater as $592,777,766 and has certified a rolled-back rate of $6.3617 per $1,000 of taxable value for the City of Edgewater; and WHEREAS, October 1, 2012 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 10, 2012, a public hearing was held on the tentative millage rate of$6.50 mills for fiscal year 2012-2013 and all persons desiring to voice objection or make comment upon said millage rate were given an opportunity to do so; and WHEREAS, on September 24, 2012, a public hearing will be held on the final millage rate for fiscal year 2012-2013 and all persons desiring to voice objections or to make comment upon said millage were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida, deems it necessary to levy and does hereby levy a tax of$6.50 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for operational purposes and $0.0612 mills for Voted Debt Service. Section 2: The operating levy of $6.50 mills represents a 2.17% change from the rolled-back rate. Section 3: The Voted Debt Service levy of $0.0612 mills based on the sale of the Limited General Obligation Note Payable in 2005. Section 4. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by and Second by the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED, APPROVED AND ADOPTED this 24th day of September, 2012. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie A. Wenzel Michael L. Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 24th day of legality by: Aaron R. Wolfe, Esquire September, 2012 under Agenda Item No. City Attorney Doran, Sims, Wolfe,Ansay&Kundid AGENDA REQUEST Final Budget Date: September 13, 2012 CONSENT PUBLIC HEARING September 24, 2012 RESOLUTION September 24, 2012 ORDINANCE OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution #2012-R-21 Approve Final Budget providing for appropriations for Fiscal Year 2012- 2013. BACKGROUND: Per Florida Statutes, including Chapter 200.065 (2)(e) 1. Provides that the City Council shall adopt a Final Budget after the Final Millage. STAFF RECOMMENDATION: Staff recommends City Council approve the Final Budget for Fiscal Year 2012-2013 pursuant to Resolution 2012-R-21. ACTION REQUESTED: Motion to approve the Final Budget for Fiscal Year 2012-2013. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. Respectful submitted, Concurrence: J•i-athan C. McKinney Robin Matusick Finance Director Paralegal racey rlow City nager RESOLUTION 2012-R-21 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING THE FINAL GENERAL FUND, ENTERPRISE FUNDS, AND ALL OTHER RELATED FUNDS BUDGETS AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE FISCAL YEAR 2012-2013; PROVIDING FOR APPROPRIATIONS; PROVIDING SEVERABILITY AND FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Edgewater has recommended a tentative annual budget for the next ensuing fiscal year beginning October 1, 2012 and ending September 30, 2013; and WHEREAS, a notice of public hearing on said budget was duly published; and WHEREAS, a public hearing was held on September 10, 2012, after having first adopted a tentative millage rate for the City for the Fiscal year 2012-2013, to consider the tentative budget and all persons desiring to voice objection or make comments upon said budget were given an opportunity to do so; and WHEREAS, within five days after due public advertising, a Public Hearing will be held to finalize the budget on September 24, 2012; and WHEREAS, a public hearing will be held on September 24, 2012, after having first adopted a final millage rate for the City for the Fiscal year 2012-2013, to consider the final budget and all persons desiring to voice objection or make comments upon said budget were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1: That the City Council of the City of Edgewater, Florida pursuant to the Charter of the City of Edgewater and Chapter 166, Florida Statutes, does hereby adopt the Tentative General, Enterprise and all other related Fund Budgets and Capital Improvements Programs, which are attached hereto and incorporated herein as Exhibit "A" which may later be amended by the City Council. Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 3. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by and Second by the vote on this Resolution was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED, APPROVED AND ADOPTED this 24th day of September, 2012. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie A. Wenzel Michael L. Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 24th day of legality by: Aaron R. Wolfe, Esquire September, 2012 under Agenda Item No. City Attorney Doran, Sims, Wolfe, Ansay&Kundid ATTACHMENT "A" PROPOSED SUMMARY OF FUNDS REVENUES AND EXPENSES FY 2012-2013 REVENUES EXPENDITURES PAGE# VARIANCE 001 -GENERAL FUND $ 12,207,802 $ 12,207,802 9 $ - 105-ANIMAL SERVICES $ - $ - 89 $ - 113-LAW ENFORCEMENT BLOCK $ 5,000 $ 5,000 95 $ - 114-GRANTS FUND $ - $ - 97 $ - 115-SPECIAL LAW ENFORCEMENT TRUST FUND $ 52,500 $ 52,500 99 $ - 116-TRANSPORTATION IMPACT FEE $ 270,500 $ 270,500 101 $ - 117-POLICE IMPACT FEE FUND $ 147,500 $ 147,500 103 $ - 118-FIRE IMPACT FEE FUND $ 16,500 $ 16,500 105 $ - 119- RECREATION IMPACT FEE $ 145,000 $ 145,000 107 $ - 120-SCHOLARSHIP FUND $ 8,250 $ 8,250 109 $ - 205-I &S DEBT SERVICE FUND $ 35,483 $ 35,483 111 $ - 220- DEBT SERVICE $ - $ - 113 $ - 331 -CAPITAL PROJECTS FUND $ 644,033 $ 644,033 115 $ - 440-WATER&SEWER $ 8,207,400 $ 8,207,400 118 $ - 442-WATER DEVELOPMENT $ 433,200 $ 433,200 149 $ - 443-SEWER DEVELOPMENT $ 299,858 $ 299,858 151 $ - 444- RENEWAL& REPLACEMENT $ 7,339,776 $ 7,339,776 153 $ - 445-WATER&SEWER RATE STABILIZATION $ 62,789 $ 62,789 155 $ - 447- REFUSE $ 3,012,390 $ 3,012,390 157 $ - 448-STORMWATER OPERATING $ 1,655,030 $ 1,655,030 165 $ - 449-STORMWATER CAPITAL $ 775,500 $ 775,500 173 $ - 450-PUBLIC WORKS COMPLEX $ 958,853 $ 958,853 175 $ - 501 -MIS $ 381,198 $ 381,198 177 $ - 502- FLEET $ 830,803 $ 830,803 183 $ - 503- LOSS FUND $ 382,506 $ 382,506 190 $ - 504-FULLY INSURED INSURANCE $ 2,173,245 $ 2,173,245 193 $ - 505-WORKERS COMPENSATION $ 300,000 $ 300,000 196 $ - TOTAL ALL FUNDS $ 40,345,116 $ 40,345,116 $ - AGENDA REQUEST Date: September 12, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION: Ordinance #2010-0-16— Extending the policy to temporarily reduce impact fees for non-residential properties for an additional one (1) year. BACKGROUND: It is necessary to stimulate growth in non-residential areas in an attempt to create additional jobs within the City of Edgewater. In an attempt to enhance economic development and non-residential development that will create additional jobs, this Ordinance would institute a temporary policy to allow for the adjustments to the assessment and collection of all non-residential development that will create additional full-time equivalent jobs. The reduction of the impact fees for non-residential development will be considered based on the number of full-time equivalent jobs that are created. The applicant would be required to maintain the jobs for a period of 1-year. City Council approved Ordinance #2010-0-16 on September 13, 2010 with an original expiration date of September 30, 2011. City Council extended this policy for one (1) year on July 18, 2011 for a revised expiration date of September 30, 2012. STAFF RECOMMENDATION: Staff recommends approval of the one(1) year extension of Ordinance #2010-0-16. ACTION REQUESTED: Motion to approve the one (1) year extension of Ordinance 2010-0-16. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: N/A AGENDA ITEM# Respectfully submitted, Concurrence: Trac- . Barlow Robin L. Matusick Ci Manager Paralegal ORDINANCE NO. 2010-0-16 AN ORDINANCE OF THE CITY OF EDGEWATER ESTABLISHING POLICY TO TEMPORARILY REDUCE APPLICABLE SIDEWALK, FIRE/EMS, POLICE AND TRANSPORTATION/ROAD IMPACT FEES BASED ON JOBS CREATED; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE/TERMINATION DATE. WHEREAS, Article VIII s. 2(b)of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Ordinance No: 2004-0-39 on December 6, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Transportation/Roadway; and WHEREAS, the City Council adopted Ordinance No: 2003-0-15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Sidewalks; and WHEREAS, the City Council adopted Ordinance No: 2001-0-01 on March 19, 2001 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Fire/Ems; and WHEREAS, the City Council adopted Ordinance No: 2003-0-15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Police; and WHEREAS, the City Council has determined that it is necessary to take action in order to stimulate the non-residential growth that will create additional jobs in the City of Edgewater; and WHEREAS, the City Council desires to enhance economic development by reducing impact fees for non-residential development and non-residential redevelopment that will encourage the creation of additional jobs; and WHEREAS, the City Council desires to institute a temporary policy to allow for the adjustments to the assessment and collection of all non-residential impact fees in order to stimulate the non-residential growth in the City of Edgewater; and NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 1 Strike-through passages are deleted. Underlined passages are added. #2010-0-16 PART A. ESTABLISHING POLICY TO TEMPORARILY ALLOW FOR ADJUSTMENTS TO THE ASSESSMENT AND COLLECTION OF ALL NON-RESIDENTIAL IMPACT FEES AS SET FORTH BELOW: Section 1. All new development and redevelopment of non-residential properties that will create additional Full Time Equivalent (FTE)jobs will be eligible for a reduction from the referenced impact fees. A Full Time Equivalent (FTE)job is considered to be jobs offered at 32- hours or greater in a one week period. Application for construction of the new development or redevelopment upon which a reduction in impact fees is sought shall occur within 30 days of this agreement and construction shall start within 90 days from the effective date of the issuance of any development orders/approvals and must be completed within 12 months from the date of commencement of construction. Section 2. The reduction will be equivalent to $2,000 for each FTE job created and cannot exceed the sum total of the eligible referenced impact fees. The reduction will be equally divided among the applicable referenced impact fees. Section 3. FTE created jobs receiving the impact fee reduction must be continuously retained for a 12 month period after construction is completed. The City will record a lien against to the real property that the project is associated with equal to the sum total of the impact fees that had received the reduction based on the number of jobs created. If the FTE jobs created are not retained for a twelve month period or any other condition related to the reduction is not met, then the appropriately adjusted reduced impact fee shall become immediately due and payable dating back to the date the adjusted fees would have been assessed. Once the adjusted impact fees are satisfied, the City will release the liens associated with the reduced portion of the impact fees. Section 4. Any person or entity seeking a reduction in impact fees as described herein shall file with the City an application for reduction, prior to receiving a building permit for the new development. The application shall, at a minimum, contain; 1) the name and address of the applicant, 2) an up-to-date, complete legal description of the site upon which the development is proposed to be located, 3) the nature of the business and the estimated number of FTE jobs anticipated to be created by the new development. Applicants must execute an agreement with the City of Edgewater describing the FTE jobs to be created and agree to reimburse the credited impact fee reduction if 1) construction is not commenced within 90 days of the effective date of the development orders/approvals, 2) construction is not completed within 12 months from the date of commencement of construction and 3) the FTE jobs created are not continuously retained for the entire 12 month period. In the event only a portion of the FTE jobs anticipated to be created are not retained for the entire 12 month period, only that portion of impact fee reduction associated with those FTE jobs will be due and payable and the Applicant shall maintain the benefit of the reduction for those FTE jobs which are indeed retained for the entire 12 month period. The required timeframes may only be extended by the 2 stfike-thr-eagiv passages are deleted. Underlines(passages are added. #2010-0-16 City after approval by the City Council and execution of an amendment to the agreement by both the City and the Applicant. Section 5. Applicants must agree to supply any documentation requested in order to justify and/or confirm the maintenance of the FTE jobs. Referenced documentation may be requested at any time throughout the agreement period. Section 6. Applicants will be responsible for any disclosure of tax requirement affiliated with the reduction of impact fees affiliated with the creation of the FTE jobs. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. This ordinance shall become effective immediately upon adoption and shall expire on September 30, 2011. Upon expiration, all impact fees payable in accordance with the City's impact fee ordinances shall be again due and payable upon all new development and redevelopment projects. Only those development or redevelopment projects with a fully executed agreement on or before the date of expiration shall remain eligible for a reduction in impact fees as described herein provided the terms of the agreement are met and continue to be met. Section 9. The expiration of this ordinance may be extended in periods not to exceed one (1) year periods by the City Council provided the City Council approves the extension prior to its expiration. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 3 844(e-hreagh passages are deleted. Underlined passages are added. #2010-0-16 PART D. EFFECTIVE DATE/TERMINATION DATE. That this ordinance shall become effective upon its final adoption and shall terminate on September 30, 2011. PART E. ADOPTION. After Motion to approve by Councilman Cooper with Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on August 16, 2010, was as tcjllows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers ABSENT Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X After Motion to approve by('i tti► C fiCpe r with Second by `r the vote on the second reading/public hearing of this ordinance held on September 26, 2010, was as follows: AVE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes t).Se=' — Councilman Ted Cooper 4 Stpike-Thfeugh passages are deleted. Underlined passages are added. #2010-0-16 PASSED AND DULY ADOPTED this 7;6th day of September, 2010. ATTEST: CITY COUNCIL OF THE CITY OF ED• WATER,,,FLORIDA ty\ruz By: ' — Bonnie Wenzel ' Milt.' : as City Clerk Mayor rç 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 1NLday legality by: Carolyn S. Ansay, Esquire of September, 2010 under Agenda Rai No. City Attorney (k, Doran, Sims,Wolfe,Ansay, Kundid & Birch 5 gtr-ike-t,hreugh passages are deleted. Underlined passages are added. #2010-0-16 AGENDA REQUEST Date: September 12, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION: Ordinance #2010-0-17— Extending the policy to temporarily defer applicable Sidewalk, Fire/EMS, Police and Transportation/Road Impact Fees for an additional one (1) year. BACKGROUND: It is necessary to take action in order to stimulate non-residential growth that will diversify the tax base in the City of Edgewater. In an attempt to enhance economic development, the City wishes to institute a temporary policy to allow deferring payment of the referenced impact fees for non-residential development and non-residential development or expansion that is required to pay the referenced fees which would allow adjustments to the collection of all non-residential impact fees in order to stimulate the non-residential growth within Edgewater. The purpose of the deferral is to encourage additional businesses by allowing them time to establish their business and generate revenue. City Council approved Ordinance #2010-0-17 on September 13, 2010 with an original expiration date of September 30, 2011. City Council extended this policy for one (1) year on July 18, 2011 for a revised expiration date of September 30, 2012. STAFF RECOMMENDATION: Staff recommends approval of the one(1) year extension of Ordinance #2010-0-17. ACTION REQUESTED: Motion to approve the one (1) year extension of Ordinance #2010-0-17. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: Tracey . Barlow Robin L. Matusick City anager Paralegal ORDINANCE NO. 2010-0-17 AN ORDINANCE OF THE CITY OF EDGEWATER ESTABLISHING POLICY TO TEMPORARILY DEFER APPLICABLE SIDEWALK, FIRE/EMS, POLICE AND TRANSPORTATION/ROAD IMPACT FEES BASED ON JOBS CREATED; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE/TERMINATION DATE. WHEREAS, Article VIII s. 2(b)of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Ordinance No: 2004-0-39 on December 6, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Transportation/Roadway; and WHEREAS, the City Council adopted Ordinance No: 2003-0-15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Sidewalks; and WHEREAS, the City Council adopted Ordinance No: 2001-0-01 on March 19, 2001 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Fire/Ems; and WHEREAS, the City Council adopted Ordinance No: 2003-0-15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Police; and WHEREAS, the City Council has determined that it is necessary to take action in order to stimulate the non-residential growth that will diversify the tax base in the City of Edgewater; and WHEREAS, the City Council desires to enhance economic development by deferring the payment of the referenced impact fees for non-residential development and any non-residential redevelopment or expansion that is required to pay the referenced impact fees; and WHEREAS, the City Council desires to institute a temporary policy to allow for the adjustments to the collection of all non-residential impact fees in order to stimulate the non- residential growth in the City of Edgewater; and NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: F i1 e-th et gh passages are deleted. Underlined passages are added. #2010-0-17 PART A. ESTABLISHING POLICY TO TEMPORARILY DEFER APPLICABLE SIDEWALK, FIRE/EMS, POLICE AND TRANSPORTATION/ROAD IMPACT FEES BASED ON JOBS CREATED AS SET FORTH BELOW: Section 1. This provision applies to the new development, redevelopment or expansion of non-residential projects where the project's sum total of the referenced impact fees exceeds ten thousand ($10,000). Section 2. Eligible projects which qualify under this provision may have the portion of the impact fees exceeding ten thousand ($10,000) deferred for a period up to three (3) years from the date of completion of construction. Application for construction of the new development upon which a deferral in impact fees is sought shall occur within 30 days of the deferral request. Construction shall start within 90 days from the effective date of the issuance of any development orders/approvals and must be completed within 12 months from the date of commencement of construction. The City may demand payment in full in the event the subject property is sold or ownership is transferred or a receiver has been appointed or there is a change of use at any time during the deferral period. Section 3. The referenced eligible impact fees will be calculated at the time the first building permit is issued based on the rates in effect and will accrue interest at the rate of five percent (5%) per annum for each year deferred. Interest shall be simple interest calculated on the original amount of impact fees deferred. The City will record a lien against to the real property that the project is associated with equal to the amount of the deferred impact fees. Section 4. Payment of the total impact fees plus interest shall be due in full at the end of the deferral period but no longer than three (3) years from the date of completion of construction. Once the deferred impact fees are satisfied, the City will release the liens associated with the deferred portion of the impact fees. Section S. All ordinance or parts of resolutions in conflict herewith are hereby repealed. Sec tion 6. This ordinance shall become effective immediately upon adoption and shall expire on September 30, 2011. Section 7. The expiration of this ordinance may be extended in periods not to exceed one (1) year by the City Council provided the City Council approves the extension prior to its expiration. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this 2 Stfilte-Thfoagil passages are deleted. Underlined passages are added. #2010-0-17 ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional. inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. EFFECTIVE DATE/TERMINATION DATE. That this ordinance shall become effective upon its final adoption and shall terminate on September 30, 2011. PART E. ADOPTION. After Motion to approve by Councilwoman Rhodes with Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on August 16. 2010, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers ABSENT Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X 3 Stfike4hreegh passages are deleted. Underlined passages are added. #2010-0-17 After Motion to approve by(ivr:�iw� r>nir ,with Second by;`,, _ ' the vote on the second reading/public hearing of this ordinance held on September 4, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers ,K Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes bsep-r Councilman Ted Cooper X PASSED AND DULY ADOPTED this IXith day of September, 2010. ATTEST: CITY COUNCIL OF THE CITY OF EIliE% ATkR, FLORIDA I / 'i� L 4• .� 4: M Y_4I Bonnie Wenzel Mike+ homes dty Clerk ayor L ht`kv Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 20th day legality by: Carolyn S. Ansay, Esquire of September, 2010 under Agenda Item No. City Attorney , Doran, Sims,Wolfe,Ansay, Kundid& Birch 4 Strike-t# gh passages are deleted. Underlined passages are added. #2010-0-17 AGENDA REQUEST Date: September 12, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION: Resolution#2010-R-12 — Authorization to extend the policy to temporarily reduce fees for one (1) year for Annexation of Non-Residential Property & other related fees. BACKGROUND: November 16, 2009 City Council adopted Resolution #2009-R-27 which incorporated various fees/costs, surcharges and administrative costs/fees relating to the Code of Ordinances and Land Development Code. It an attempt to diversify the tax base within the City of Edgewater the City desires to annex additional non-residentially zoned properties into the incorporated city boundaries. To encourage additional annexation on non-residential properties, this Resolution will institute a temporary policy to allow for the reduction in fees for annexation, comprehensive plan map amendment and zoning map amendments for non-residential zoned properties. City Council originally approved Resolution#2010-R-12 on June 21, 2010 and subsequently approved a one (1) year extension on September 27, 2010. City Council extended this policy for one (1) year on July 18, 2011 for a revised expiration date of September 30, 2012. STAFF RECOMMENDATION: Staff recommends that City Council approve the extension of Resolution #2010-R-12 temporarily reducing fees for annexation of non-residential properties & other related fees for one (1) year. ACTION REQUESTED: Motion to approve the extension of Resolution#2010-R-12 for one (1) year. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: • ',..111-2,1M401 Trac: T. Barlow Robin L. Matusick Cit Manager Paralegal RESOLUTION NO. 2010-R-12 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA; ESTABLISHING POLICY FOR THE CITY COUNCIL TO REDUCE APPLICATION FEES FOR THE ANNEXATION OF NON-RESIDENTIAL ZONED PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE, ADOPTION AND EXPIRATION DATE. WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Resolution No: 2009-R-27 on November 16, 2009 which incorporated various fees/costs, surcharges and administrative costs/fees relating to the Code of Ordinances, Land Development Code and various administrative costs/fees; and WHEREAS, the City Council has determined that it is necessary to take action in order to diversify the tax base in the City of Edgewater; and WHEREAS, the City Council desires to diversify the tax base by annexing additional non-residential zoned properties into the incorporated city boundaries of the City of Edgewater; and WHEREAS, the City Council desires to institute a temporary policy to allow for the reduction in the Annexation, Comprehensive Plan Map Amendment, Zoning Map Amendment, Conditional Use and Site Plan review fees for non-residential zoned properties desiring to be annexed into the City of Edgewater; and NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida: Section 1. This provision applies to the annexation of non-residential zoned properties into the corporate city boundaries of the City of Edgewater. Section 2. Eligible properties shall have the sum total of the Annexation, Comprehensive Plan Map Amendment, Zoning Map Amendment, Conditional Use and Site Plan review fee reduced in an amount equal to one (1) year of estimated city ad valorem taxes. The estimation shall be determined by applying the present taxable value to the present adopted city millage rate. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall become effective immediately upon adoption and shall expire on September 30, 2010. 2010-R-12 1 Section 5, The expiration of this resolution may be extended in periods not to exceed one (1) year by the City Council provided the City Council approves the extension prior to its expiration. After Motion to approve byer,t,,,,,luxf,,,,,& b,with Second by(oti v,h u n�Zhede�the vote on this resolution on June 21, 2010, was as follows: AYE NAY Mayor Mike Thomas _ Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington __-_ Councilwoman Harriet B. Rhodes Councilman Ted Cooper }( PASSED AND DULY ADOPTED this 21st day of June, 2010. ATTEST: CITY COUNCIL OF THE ITY • EDGEWATER, FLORIDA s),l DNS B : . • � Bonnie Wenzel U Mike omas 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 21st day of legality by: Carolyn S. Ansay, Esquire June, 2010 under Agenda Item No. 8 d . City Attorney Doran, Sims,Wolfe,Ansay, Kundid&Birch 2010-R-12 2 AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS September 24, 2012 ITEM DESCRIPTION: Lines of Coverage Insurance Premiums for the period from October 1, 2012 to September 30, 2013. BACKGROUND: Staff solicited renewals of all lines of coverage from our carrier Public Risk Insurance Agency and Florida Municipal Insurance Trust. This item updates the Council on the City of Edgewater's property, liability, automobile, workers compensation and public officials' insurance renewal premium as solicited. STAFF RECOMMENDATION: Authorize City Manager and Staff to negotiate the FY2013 Line of Coverage Insurance Premiums. ACTION REQUESTED: Motion to authorize the City Manager to negotiate the 2012/2013 Line of Coverage Insurance Premiums and authorize City Manager to bind coverage. FINANCIAL IMPACT: The total cost for Insurance premiums is budgeted in the Fiscal'Year 2012 — 2013 operating budget. (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: M Jo than McKinney Robin L. Matusick Finance Director • Paralegal 4 Trace, T. Barlow City anager AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING RESOLUTION ORDNANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS September 24, 2012 ITEM DESCRIPTION: Approval of the Coastal Florida Public Employees Association Agreement (General Employees Union Contract). BACKGROUND: The changes in this agreement are presented in an underlined and strikethrough format. The changes are: • Article 21/Hours of Work and Overtime — Additional language clarifying the parameters of call back overtime • Article 28/Injuries—Correcting scrivener's error. 720 hours should be 600 hours. • Article 32/Wages — For fiscal year 2012-2013, employees will receive a 2% wage increase. For fiscal year 2012-2013 only, the City agrees to implement the FY 12/13 hourly rates set forth in Exhibit A Labor counsel, Aaron Wolfe, has reviewed this contract. The bargaining unit held a ratification vote on September 19, 2012. STAFF RECOMMENDATION: Staff recommends the City Council approve the Coastal Florida Public Employees Association Agreement as negotiated and presented, effective October 1, 2012, expiring September 30, 2013. ACTION REQUESTED: Motion to approve the October 1, 2010 — September 30, 2013 Coastal Florida Public Employees Association Agreement for the fiscal year 2012-2013. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: A. ffitt Donna M. Looney Robin L. Matusick Personnel Director Paral gal racey . Barlow City anager PEA AGREEMENT TABLE OF CONTENTS ARTICLE SUBJECT PAGE Preamble .. 3 1 Recognition 4 2 Management Rights 5 3 Employee Rights 10 4 Strikes and Lockouts 11 5 Grievance and Arbitration Procedure. 12 6 Dues Deduction ... 16 7 Employee-Management Committee 17 8 Probationary Personnel ... 18 9 PEA Representatives 19 10 Personnel Records 20 11 Temporary Assignment to a Higher Classification 21 12 Promotions 22 13 Training .. 23 14 Seniority,Layoffs,and Recall .. 24 15 Disciplinary Action/Investigation .. 26 16 Bulletin Boards 28 17 Voting 29 18 Legal Benefits 30 19 Code of Conduct and Job Classification .. 31 20 Leave of Absence 32 21 Hours of Work and Overtime 34 Coastal Florida Public Employees Association Agreement 1 October 1,2010—September 30,2013 Revised 9 26.11,∎!! 2-12 22 Holidays and Personal Days 37 23 Sick Leave 39 24 Vacation 41 25 Bereavement Leave 43 26 Uniform,Clothing and Equipment 44 27 Insurance 46 28 Injuries 47 29 Per-Diem 49 30 Education 50 31 Pension Plan 52 32 Wages 53 33 Alcohol and Drug Policy 54 34 Severability Clause 57 35 Savings Clause 58 36 Entire Agreement 59 37 Notices 60 38 Duration of Agreement 61 Coastal Florida Public Employees Association Agreement 2 I October 1,2010-September 30,2013 Revised 9.26.11-i!II ,I PEA AGREEMENT PREAMBLE This Agreement is entered into by the City of Edgewater, hereinafter referred to as the "City" and the Coastal Florida Public Employees Association, Inc.,hereinafter referred to as the "PEA" for the purpose of promoting harmonious relations between the City and the PEA, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning conditions of employment. The term "Designated City Representative" hereinafter "DCR" shall mean the City Manager or his appointed representative. The masculine gender shall include the feminine gender and the feminine shall include the masculine unless the context requires otherwise. Coastal Florida Public Employees Association Agreement 3 October 1,2010—September 30,2013 Revised 9.26.11 I I 2, 2 ARTICLE 1 RECOGNITION The City hereby recognizes the PEA as the exclusive bargaining representative for all matters affecting wages, hours, and working conditions all full time personnel in the following job titles: Service Worker (Refuse, Street, Animal Services and Wastewater), Meter Reader, Utilities Plant Trainee, Customer Service Representative/Receptionist, Utilities System Technician, Cross Control/Reclaim Water Inspector, Wastewater Maintenance Technician, Bio Residual Technician, Equipment Operator, Parks Maintenance Worker, Plans Permit Clerk, Administrative Secretary, Administrative Assistant (Environmental Services and Finance), Planning Technician, Building Inspector/Plans Examiner (Residential), Combination Inspector/Plans Examiner(Commercial), Utilities Laboratory Technician, Water Plant Operator, Wastewater Plant Operator, Mechanic, Canal Maintenance Specialist, Lead Mechanic, Team Leader, Crew Chief, Recreation Coordinator, Stormwater Maintenance Worker, Utilities Maintenance Worker, Utilities System Technician, Laboratory Quality Control Administrator, Certified Parks Maintenance Worker, Community Service Officer, Heavy Equipment Operator, Finance Clerk I,Finance Clerk II,Accounting Technician,Administrative Clerk. Within 30 days both parties agree to file a petition with the Public Employees Relations Commission concerning name changes. All employees covered by the unit certified by the Public Employees Relations Commission will be entitled to the terms and benefits of this Agreement in accordance with Chapter 447 of the Florida Statutes. Coastal Florida Public Employees Association Agreement 4 October 1,2010—September 30,2013 Revised 9 26.11 yII _,I' ARTICLE 2 MANAGEMENT RIGHTS 1. The PEA recognizes that it is the function of management to determine and direct the policies and mode and method of providing its services without any interference in the management and conduct of the City's operation on the part of the PEA or any of its representatives. Coastal Florida Public Employees Association Agreement 5 October 1,2010—September 30,2013 Revised 9.26.11 I :1, I:'. 2. The City shall continue to exercise the exclusive right to take any action not in conflict with provisions of this Agreement, or in conflict with state or federal law, which it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, power and authority customarily exercised by management, which the City has not expressly modified or delegated by express provisions of this Agreement. Nothing in this Agreement shall be construed to limit or impair the right of the City to exercise its own discretion in determining whom to employ, and nothing shall be interpreted as interfering in any way with the City's right to alter,rearrange,change,extend,limit or curtail its operation or any part thereof unless specifically addressed in this Agreement. Without limiting the provisions of Sections 1 and 2 hereof, but in order to clarify some of the more important unilateral rights retained by management, the City shall have the following unilateral management rights, unless such rights are specifically limited and in direct conflict with this Agreement. (a) To determine the size and composition of the work force, including the number and composition of employees assigned to any particular operation, shift or turn consistent with safe practices as determined by the City Manager. (b) To determine the number and type of equipment, vehicles, materials, and supplies to be used, operated, or distributed consistent with safe practices as determined by the City Manager. (c) To hire,rehire,promote, lay-off and recall employees. (d) To recognize, reprimand, discharge or otherwise discipline an employee for just cause and reasonable cause. Coastal Florida Public Employees Association Agreement 6 October I,2010—September 30,2013 Revised 9.26.11<�I I_ (e) To evaluate including by written performance evaluations, maintain, and/or improve the efficiency of employees. (f) To create, abolish, or change job classifications and to determine job descriptions consistent with the job titles referenced in Article I and minimum classifications,and amount and type of work to be performed. (g) To determine the assignment of work, and to schedule the hours and days to be worked on each job and each shift unless contrary to a specific provision of this Agreement. (h) To discontinue, temporarily or permanently, in whole or part, its operations, and to transfer or assign all or any part of its operation to new facilities. (i) Consistent with the Americans with Disabilities Act, to require an employee, at the City's expense, by a physician designated by the City,to take a physical examination on an annual basis or more frequently if the City has cause to believe there is a health problem. The employee, at his own expense, may obtain a second opinion by a physician of his choice. In case of conflict with the original medical examination, a third medical examination may be requested by the City at the City's expense by a physician designated by the City. The results of any examinations shall be placed in a separate medical file. (j) To test employees for the use of alcohol, illegal drugs and/or controlled substances when there is reasonable cause in accordance with Article 33. Coastal Florida Public Employees Association Agreement 7 October I,2010—September 30,2013 Revised 9.26.11.,I I '�.,2 (k) To determine the location, method, means, and personnel by which operations are to be conducted, including the right to contract and sub- contract existing and future work. (I) Pursuant to the provisions of Article 19,to make or change rules, policies and practices. (m) To determine work schedules,work cycles,starting and quitting times and the number of hours and shifts to be worked unless contrary to a specific provision of this Agreement. (n) To introduce new,different or improved methods,means and processes of conducting the operations, time management, bi-weekly payroll (employees will be given a 60 day notice of transition), transportation, maintenance and service of the City. (o) To determine the qualifications for positions in the City. (p) To determine the work to be performed during the employee's regular work day and require that all work be performed in a satisfactory and professional manner. (q) To assign overtime work in accordance with provisions of this Agreement. The City reserves and retains in full and completely any and all management rights, prerogatives and privileges except to the extent that such rights, prerogatives and privileges are specifically limited by some express provision of this Agreement. The City's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. Coastal Florida Public Employees Association Agreement 8 October 1,2010—September 30,2013 Revised 9.26.11 9 I L 2S! The City, subject to Florida law, has the sole authority to determine its purpose and mission and the amount and allocation of the budget. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricanes or other weather conditions or similar catastrophes, the non economic provisions of this Agreement may be suspended during the time of the declared emergency. It is agreed that it is not possible to enumerate every incidental duty connected with a particular position in a job description and accordingly at the discretion of the City, employees may be required to perform duties not within their specific job descriptions, which are reasonably related to their job or the mission of the employees' department. Coastal Florida Public Employees Association Agreement 9 October 1,2010—September 30,2013 Revised 9.26.11-i; I ' ,2 ARTICLE 3 EMPLOYEE RIGHTS The City and the PEA agree not to interfere with the right of any eligible employee to become a member of the PEA,withdraw from membership in the PEA,or refrain from becoming a member of the PEA. There shall be no discrimination against any employee by reason of race, creed, color, age, national origin, sex, or PEA membership or activity, or lack of PEA membership or activity. Nothing contained in this Agreement shall foreclose any employee covered by this Agreement from pursuing any right or remedy, including the grievance procedure with or without representation of the PEA. Further, nothing contained in this Agreement shall foreclose any employee from discussing a work related problem directly with his immediate supervisor, and then thereafter, other departmental officials without the intervention of the PEA, provided that the immediate supervisor or other departmental officials agree to discuss and/or attempt to resolve the matter outside the formal grievance procedure. In matters involving a formal grievance, the PEA shall be given the opportunity to be present at any meeting called for the resolution of such grievance except as noted in Article 5. Coastal Florida Public Employees Association Agreement 10 I October 1,2010—September 30,2013 Revised 9.26.11.E I I 2,,1'_ ARTICLE 4 STRIKES AND LOCKOUTS The Association and the City agree that Sections 447.505 and 447.507, Florida Statutes, shall govern their relations regarding the prohibition of strikes. Coastal Florida Public Employees Association Agreement 11 October 1,2010—September 30,2013 Revised 9.26.11- I f C ARTICLE 5 GRIEVANCE AND ARBITRATION PROCEDURE In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that the following procedure for the resolution of grievances between the parties shall be established and that such procedure shall cover grievances involving the application or interpretation of this Agreement. Either the PEA or the City has the right to file a grievance. With respect to bargaining unit members, the grievance process shall be exclusively to the PEA. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his grievance shall be considered conclusively abandoned. Any grievance not answered by the City or the PEA within the prescribed time limits shall automatically advance to the next higher step. The term "working day" as used in this Article shall mean only Monday through Friday of each week regardless of the grievants' work schedule. Saturdays, Sundays, and holidays shall not be considered working days even if the grievant is scheduled to work on that day. For the purpose of computing time, the day on which a grievance or reply is filed shall not be counted. Grievances shall be presented in the following manner: Step 1 The employee or the PEA shall first discuss a grievance with the employee's immediate supervisor within ten (10) working days of the occurrence of the event(s),which gave rise to the grievance or from the date on which the employee becomes knowledgeable of the cause of action. If the employee was on compensated leave, the ten (10) working day period shall commence running immediately upon the employee's return from such compensated leave. This first step between the employee and his immediate supervisor shall be on an informal Coastal Florida Public Employees Association Agreement 12 October 1,2010—September 30,2013 Revised 9.26.11 ?.I I '(!I-. and oral basis and shall not involve the PEA or any other representative of the employee, unless requested by the employee. Any time period may be extended with the consent of the City or the PEA. Step 2 Any grievance, which cannot be satisfactorily resolved with the immediate supervisor, shall be reduced to writing by the PEA and submitted to the Department Head within ten (10) working days of completion of Step 1. The Department Head shall, within ten (10) working days after presentation of the grievance, render his decision in writing. Any time period may be extended with the consent of the City and the PEA. Step 3 Any grievance,which cannot be satisfactorily resolved with the Department Head, shall be submitted in writing by the PEA to the City Manager within ten (10) working days of the completion of Step 2, by the PEA. The grievance shall be discussed with the employee and the PEA by the City Manager within ten (10) working days of receipt of the grievance by the City Manager. The City Manager shall within ten (10) working days after this discussion render his decision in writing with a copy to the employee and PEA. Any time period may be extended with the consent of the City and the PEA. Step 4 In the event a grievance cannot be satisfactorily resolved with the City Manager, either the PEA, or the City within fifteen (15) working days after the City Manager renders a written decision may request that the grievance be submitted to arbitration. With respect to bargaining unit members, the arbitration procedure shall be exclusively reserved to the PEA. The arbitrator may be any impartial person mutually agreed upon by the City and the PEA. If an impartial arbitrator cannot be agreed upon within ten (10) working days after the grievance is Coastal Florida Public Employees Association Agreement 13 October 1,2010—September 30,2013 Revised 9.26.11�� I ;na 2 submitted to arbitration,the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven(7)names. Each party shall have the option within ten (10) working days of receipt of the list of striking three (3) names in alternating fashion, thus leaving the seventh as the neutral or impartial arbitrator. The party filing the grievance shall make the first strike. The City and the PEA shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing. The arbitrator shall confine his decision to the grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2 or 3. The arbitrator shall fashion an appropriate remedy for violations of the provisions contained in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is not a grievance as defined in this Agreement nor shall this Agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as herein provided. The arbitration hearing shall be conducted in accordance with the Rules of Procedure promulgated by the Federal Mediation and Conciliation Service. Each party shall bear the expense of its own witnesses and of its own representatives for the arbitration hearing. The impartial arbitrator's fees and related expenses, if any, shall be equally divided between the parties. Any party desiring a transcript of this hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the Coastal Florida Public Employees Association Agreement 14 October 1,2010—September 30,2013 Revised 9.26.14 .I I ,I2 parties unless an appeal is filed within forty-five (45) calendar days of the rendition of the decision. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee or the grievance is directly between the PEA and the City,such grievance shall be presented by the PEA in writing directly to the City Manager within ten (10) working days of the occurrence of the event(s). Consistent with the provisions of Chapter 447, Florida Statutes, unless amended, it is mutually acknowledged and agreed that this Agreement shall be administered within the amounts agreed to by the City Council for funding of this Agreement. Accordingly, and notwithstanding any other provisions of this Agreement, the arbitrator shall have no authority, power or jurisdiction to construe any provision of law, statute, ordinance, resolution, rule, regulation or provision of this Agreement to result in, obligate or cause the City to have to bear any expense, debt, or cost of liability which would result, directly or indirectly, in the City exceeding the amounts initially agreed to by the City Council for the funding of this Agreement as agreed upon by the parties. Any such award, which contravenes or is not in compliance with the provisions of this paragraph,shall be null and void. Coastal Florida Public Employees Association Agreement 15 October 1,2010—September 30,2013 Revised 9.26.11• 2, l' ARTICLE 6 DUES DEDUCTION Upon receipt of a written authorization from an employee covered by this Agreement,the City will deduct from the employee's pay each pay period the amount owed to the PEA for dues in such amounts as are now or hereafter established by the association due to it as membership dues. No authorization shall be allowed for collection of fines,penalties or special assessments. The City shall remit monies collected to the Treasurer of the PEA monthly. The City remittance will be deemed correct if the PEA does not give written notice to the City within thirty (30) calendar days of a remittance of its belief that the remittance is incorrect. It shall be the responsibility of the PEA to notify the City Manager or his designee in writing of any change in the amount of dues to be deducted. The City shall have thirty(30)days from the receipt of such notice to implement the change. If there is an amount deducted in excess of what is authorized by this Agreement and forwarded to the PEA,the employee affected shall seek recourse with the PEA and not the City. The PEA will indemnify, defend, and hold the City harmless for all claims against the City on account of payroll deduction of PEA dues. An employee may revoke his authorization for deduction of dues provided the employee gives thirty(30)days written notice to the City and the PEA. Upon receipt of such notification, the City shall terminate dues on the pay period immediately following the expiration of the thirty (30)day notice period. No deduction shall be made from the pay of an employee for any pay period in which the employee's net earnings for that pay period are less than the amount of dues owed. Net earnings shall mean earnings after the required deductions for federal taxes,social security,pensions, credit unions,and health and life insurance. Coastal Florida Public Employees Association Agreement 16 October 1,2010—September 30,2013 Revised 9.26.11 yl! ARTICLE 7 EMPLOYEE-MANAGEMENT COMMITTEE There shall be an employee-management committee consisting of the City Manager and two members of the Bargaining Unit. The employee-management committee shall meet as needed on dates mutually agreeable to the participants. The sole function of the committee shall be to discuss general matters pertaining to employee relations and departmental operations. The committee shall not engage in collective bargaining or the resolution of grievances. Employees attending committee meetings outside of normal working hours shall not be compensated for the time spent in such meetings. However, if the meetings are held during a committee member's regular workday, the committee members shall be allowed to attend without loss of pay. The employee shall notify her Department Head of any meetings scheduled during the regular workday. Coastal Florida Public Employees Association Agreement 17 October 1,2010—September 30,2013 Revised 9.26.11 l I 2 I ARTICLE 8 PROBATIONARY PERSONNEL All new and promoted employees shall serve a probationary period of six (6) months. During the probationary period of promotional employees the terms and conditions of this agreement shall apply. The probationary period may be extended no more than ninety(90)days upon mutual consent between the Department Director, Personnel Director, or the City Manager and the employee. Upon satisfactory completion of the probationary period the employee shall be deemed a regular employee, provided the City provides the employee with written notice of such retention. New hires will not be eligible for the annual increases nor will they be eligible to use sick leave or floating holidays until they have been deemed regular employees. Coastal Florida Public Employees Association Agreement l8 October 1,2010—September 30,2013 Revised 226.11-.��.I I_. ARTICLE 9 PEA REPRESENTATIVES The PEA shall be represented by its President or his designee. It shall be the responsibility of the PEA to notify the City Manager,in writing,of any change in the designation of the President or his designee. A. When negotiating sessions are held during the regular workday, the PEA employee representative shall be permitted to attend without loss of pay. B. The authorized PEA representative and the PEA employee representative shall be permitted reasonable access for reasonable periods of time to department work locations to handle specific grievances and matters of interpretation of the Agreement. The exercise of such access rights shall not interfere with the functioning of the work place. C. Upon request, the City will provide the PEA on an annual basis with a complete roster of the bargaining unit including name, job classification and current pay rate. D. The employee representative shall notify his Department Head of any negotiating session held during the regular workday. Coastal Florida Public Employees Association Agreement 19 October I,2010—September 30,2013 Revised 9.26.11 2 ARTICLE 10 PERSONNEL RECORDS The City shall recognize only one official personnel file, which shall be maintained by the personnel department in City Hall. Each employee covered by this Agreement shall have the right to inspect his official personnel file, provided, however, that such inspection shall take place at a reasonable time, under the supervision of the records custodian. The employee shall have the right, at his own expense,to make duplicate copies of any item contained in his official personnel file. Employees covered by this Agreement shall have the right to file a written response to any document, which is placed in the employee's official personnel file. Any such written response shall be included in the employee's official personnel file and attached to the original document. The City will require a written request from anyone but the employee or supervisor prior to allowing review of an employee's official personnel file. The City will notify the employee when such a request has been filed. Coastal Florida Public Employees Association Agreement 20 October 1,2010—September 30,2013 Revised 9.26.11 9 I I '_�I.1' ARTICLE 11 TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION In the event a Department Head determines that there is a need to temporarily fill a regularly budgeted vacant position with an employee from a lower classification, with the approval of the DCR,the Department Head may select an employee from a lower classification to temporarily fill such budgeted position. If the employee selected for the temporary position is not selected for the regular position,this employee shall be returned to the previous classification and pay rate. An employee, who is temporarily assigned to a position of higher classification for five (5) working days or more, shall be compensated at a rate equivalent to the greater of the minimum salary for that classification or five (5)percent above his current salary from the first day of assignment. Temporary assignments shall not include requests from supervisors for temporary standby assistance or assistance due to additional workload during vacation periods. Coastal Florida Public Employees Association Agreement 21 October 1,2010—September 30,2013 Revised 9 26.11,,I C ARTICLE 12 PROMOTIONS When a promotional vacancy exists and in the opinion of the City skill, ability and qualifications are equal, the promotion shall be offered to the employee with the most seniority. The probationary period shall be for six (6) months during which time the employee shall be entitled to a continuation of existing benefits. The promotional probationary period may be extended no more than ninety(90) days upon mutual consent between the Department Director, Personnel Director, or City Manager and the Employee. Any employee promoted shall receive a salary increase in accordance with Section 7.03 B. (1.e) of the City Personnel Policy and Procedures Manual. If an employee does not satisfactorily complete the probationary period, the City shall make every reasonable effort to allow the employee to fill another vacant position for which the employee is qualified. If there are no vacant positions at the time,the employee will be allowed to resign and shall be given preference when a position does become vacant if he has the necessary qualifications for that position. Coastal Florida Public Employees Association Agreement 22 October 1,2010—September 30,2013 Revised 9.26.11.■.I 2. 2 ARTICLE 13 TRAINING The City agrees to make a good faith effort to promote classroom and on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. When the City requires an employee to attend training sessions, the City will make every reasonable effort to schedule such training during the employee's normal working hours. An employee will be compensated for training scheduled other than during normal working hours pursuant to Article 21,Hours of Work and Overtime. The City will continue its policy of paying for license renewal where a license is required for employment with the City. Coastal Florida Public Employees Association Agreement 23 October I,2010—September 30,2013 Revised 9.26.I 1 0 i 1 ' ARTICLE 14 SENIORITY,LAYOFFS,AND RECALL The City agrees that seniority shall consist of continuous accumulated paid service with the City and shall be computed from the date of fulltime employment. In the event a reduction in the work force is necessary, the City shall notify the PEA of such reduction in writing. In the event of the need for a reduction in the work force, normal attrition shall be used first,and then the following procedures shall be followed: A. The City shall determine the areas and the positions within the departments in which reductions will be made and the number of positions affected. B. Employees shall be laid off in inverse order of seniority in their classification. An employee affected by a lay off shall be entitled to "bump" into a lower classification if the employee is senior to the employee in the lower classification. C. Employees to be laid off shall be notified in writing as soon as possible after the decision for layoff has been made. The City shall give the laid off employees a minimum of fourteen(14)calendar days notice of such layoff. D. The City shall make every reasonable effort to permit any employee who would have qualified for retirement or whose pension would have become vested within six (6) months from the date of layoff to work that period of time necessary to acquire needed service for retirement or vesting. E. An employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverage pursuant to the requirements of the Consolidated Coastal Florida Public Employees Association Agreement 24 October 1,2010—September 30,2013 Revised 9.26.11 12 Omnibus Budget Reconciliation Act of 1985 (hereinafter COBRA), and any subsequent amendments. In the event a recall of employees occurs,the following procedures shall be followed: A. The City shall determine the areas and positions within its departments in which recalls will be made and the number of positions affected. B. Employees shall be recalled in inverse order of layoff provided the employee has qualifications to perform the job at the time of recall. C. Employees shall be notified of their recall to work by registered letter mailed to the address in their official personnel file and shall be given fourteen (14) calendar days from receipt of the letter to return to work. A recalled employee shall notify the employer, in writing, within five(5)working days upon receipt of the recall letter of the employee's intent to return to work. D. Recall will be within the pay range for the classification to which the employee is recalled. E. Upon recall,all credit for salary fringe benefits and seniority shall be restored. Implementation of this Article may be subject to arbitration, but the decision of the City to make a reduction in the work force shall not be subject to either the grievance or arbitration procedure. Coastal Florida Public Employees Association Agreement 25 October 1,2010—September 30,2013 Revised 9.26.1 b 0 I 5 ._ ARTICLE 15 DISCIPLINARY ACTION/INVESTIGATION No employee shall be discharged or disciplined without just cause. In the event an employee is discharged,or disciplined,the City agrees that the employee shall be provided with written notification of the discharge,or discipline. This notification shall be hand delivered to the employee no later than its effective date, or sent by registered mail to the employee at the address in the employee's official personnel file. Upon request, any employee may obtain a copy of any statement given to the City in connection with any contemplated disciplinary action. Any employee under formal investigation shall have the right to be represented at their own expense by counsel or any other representative of their choice who shall be present at all times while the employee is being questioned relative to the alleged misconduct. Questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. All sessions shall be recorded and there shall be no unrecorded question or statement. During questioning the employee shall not be subject to offensive language or threats of transfer, dismissal, or other disciplinary action. The questioner does not have the right to make a promise of reward as an inducement to answering questions. Prior to making any public statement regarding an investigation, the City will telephonically give the PEA notice of its intent to make such a statement. In the cases where the City chooses to relieve an employee from duty pending an investigation or other administrative determination,the following shall apply: Coastal Florida Public Employees Association Agreement 26 October 1,2010—September 30,2013 Revised 9.26.11. I f H 12 A. The employee may be placed on paid administrative leave for a maximum of ten (10) working days and shall be given written notification of the reason for the suspension. B. At the end of the suspension period the employee shall either be reinstated, terminated,or disciplined. C. Should the disciplinary action include reimbursement to the City for damages or time off without pay, any period of suspension without pay pursuant to Paragraph "A"above shall be considered in the same disciplinary action. D. In the event an appeal is successful for the employee, no documentation of said matter shall remain in the employee's personnel file, except to the extent required by the Public Records Act(F.S. 119). Coastal Florida Public Employees Association Agreement 27 October 1,2010—September 30,2013 Revised 9.26.11��!I = ARTICLE 16 BULLETIN BOARDS Where City bulletin boards are available, the City agrees to provide space on such bulletin boards for PEA use. Where bulletin boards are not available, the City agrees to allow the PEA to place bulletin boards in locations mutually acceptable to the City Manager and the PEA. Coastal Florida Public Employees Association Agreement 28 October 1,2010—September 30,2013 Revised 9.26.11.�.�_I I ;);�.!.2 ARTICLE 17 VOTING During a primary, general,or special election, an employee who is registered to vote and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where the polls are open at least one(1)hour before or one(1)hour after the employee's regularly scheduled work period, it shall be considered sufficient time for voting. Coastal Florida Public Employees Association Agreement 29 October 1,2010—September 30,2013 Revised 0.26.F} I ARTICLE 18 LEGAL BENEFITS Upon determination by the City Council that an employee acted within the scope of their employment,the City will undertake to defend employees against any legal actions taken against them. The City is not obligated to defend employees acting in bad faith,with malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The City Council agrees to indemnify, within the limitations of Florida law, employees against judgments levied against them as a result of their actions while acting in the scope of their employment,based on the conditions set forth above. Coastal Florida Public Employees Association Agreement 30 October 1,2010—September 30,2013 Revised 9.26.11 i I 21)_12 ARTICLE 19 CODE OF CONDUCT AND JOB CLASSIFICATION There will be written job descriptions for all employee classifications covered by this Agreement. A code of conduct approved by the City Council is hereby incorporated by reference into this Agreement. Any rule, regulation, standard operating procedure or policy in conflict with this Agreement shall not be applicable to members of this bargaining unit. Prior to implementing any change in rules, regulations or standard operating procedures or policies, the PEA shall be provided with a copy of the proposed change and given an opportunity to provide written comments. Any written comments submitted by the PEA within ten(10)working days of receipt shall be considered by the City. Coastal Florida Public Employees Association Agreement 3 1 October 1,2010—September 30,2013 Revised 9.26.11 ARTICLE 20 LEAVE OF ABSENCE The Department Head may grant any employee a leave of absence for a period not to exceed thirty (30) working days. Leaves of absence for a period in excess of thirty (30) days shall be approved by the DCR. Any approved leave of absence shall automatically be terminated when the employee obtains full time employment elsewhere. Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ of the City shall not accrue during a leave of absence. Any salary increases for which the employee would have become eligible based in whole, or in part, on length of service with the City shall not be credited during any period of leave of absence. A leave of absence may only be granted after the employee has exhausted all of his sick, vacation and floating holidays. During a leave of absence without pay an employee shall be given the opportunity to continue existing insurance coverage pursuant to COBRA and any amendments thereto. Military Leave: Any employee who is a member of the National Guard or an organized military or naval reserve unit of the United States will be allowed a maximum of twenty (20) working days leave of absence with pay in any one annual period when the employee is engaged in training ordered under the provisions of the United States military or naval training regulations_ During such period of leave with pay, the employee's benefits shall continue uninterrupted in the same manner as if he were on active duty with the City. Administrative or voluntary leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without pay unless the employee has a sufficient amount of accrued time and shall be granted by the City and when so granted shall be without loss of time or efficiency rating. Coastal Florida Public Employees Association Agreement 32 October 1,2010—September 30,2013 Revised 9.26.11 i.,I I 2, 2 Family and Medical Leave: Pursuant to the Family and Medical Leave Act of 1993, upon request, employees with at least twelve (12) months of service who have worked an average of more than twenty-four (24) hours per week over the preceding twelve (12) months (1,250 hours), will be granted family medical leave of absence for up to a maximum of twelve (12)weeks in any twelve(12)month period for childbirth,adoption of a child,or a serious health condition of the employee or her immediate family member (spouse, parent, child). The City will determine the amount of leave available for an eligible employee by using a"rolling"twelve (12) month period measured backward from the date an employee uses any such leave. The procedure to be followed in requesting family and medical leave and any additional requirements shall be as set forth in the City's Personnel Policy and Procedures Manual, and as that document may from time to time be amended. Coastal Florida Public Employees Association Agreement 33 I October 1,2010—September 30,2013 Revised 9.26.11 . _ ARTICLE 21 HOURS OF WORK AND OVERTIME The following provisions shall govern hours of work and overtime: A. Forty(40) hours shall constitute a normal workweek for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour week unless the employee actually works forty (40) hours or his actual hours worked and his authorized compensated leave total forty(40) hours. The City has the right to determine frequency of pay(weekly/bi-weekly), and, in the event that the City determines to change the frequency of pay, the City will provide prior notice of the transition and an advance schedule for the changes to pay frequency. B. Employees shall be compensated at the rate of time and one-half the employee's regular rate of pay or compensatory time off at a rate of one and one half hours for each hour worked in excess of forty (40) during a week, as determined upon agreement between the employee and Department Head prior to the hours being worked. Sick and unscheduled vacation leave shall not be considered hours worked. C. If any employee covered by this Agreement is called back to work outside his scheduled working hours,he shall receive a minimum of two(2)hours pay at the rate of time and one-half his regular rate of pay. he mo(2) hours o%ertime shall heOn i■hen the employee enters the Cit. Limits Utilities Sen.ice Area of Ld<aevvater and emplovice shall remain at vkork until relieved h supervisor or task(s) is completed. At no time shall the employee request additional compensation for t)ork performed durima the period in nhich they have already Coastal Florida Public Employees Association Agreement 34 October 1,2010—September 30,2013 Revised 9.26.11 9 I I ]. I. lecci�cd compensation. I.verc effort will he made h\ the emplovcr to rcducc the Irctlucncv of called hack to \\ incidents. The two(2)hour minimum shall not apply to work scheduled outside of regular working hours for which the employee has advance notice, but is intended to compensate employees who are unexpectedly called back to work. Employees who are scheduled to work outside of regular working hours for which the employee has advance notice shall receive a minimum of one(1)hour pay at the appropriate rate,either 1)at the regular rate of pay, if such time is included within the regular work week, or 2) at time and one-half if such time constitutes overtime. D. No City official shall take action to cause the non-payment of time and one-half when the employee has performed work,which entitles him to such payment. E. Employees shall be given forty-eight (48) hours notice of any change in their regular hours of work. Except in case of emergency situations,the City will avoid scheduling an employee to work on continuous shifts. If an employee is not notified prior to forty-eight (48) hours of a shift change, except in emergencies, they shall receive one and one-half times the straight time hourly rate for the first eight(8)hours of the new shift. An employee who works two complete back-to- back shifts will be compensated for a total of sixteen(16)hours. The rate of pay shall be determined based upon the total hours worked during the effected week. F. All employees will be entitled to a total of one (1) hour for meal and rest breaks during each eight(8)hour shift. G. Any employee who, in the exercise of his official duties, is subpoenaed to appear before any person or agency on his regular day off shall receive a minimum of Coastal Florida Public Employees Association Agreement 35 October 1,2010—September 30,2013 Revised 9.26.11 i l I three(3)hours pay at the rate of time and one-half his regular rate. Any witness fees,etc.paid to said employee shall be the property of the City. H. If, in the discretion of the City Council and/or the DCR, it is determined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions or what is judged to be a public danger or emergency, the provisions of this Agreement may be suspended by the DCR during the time of declared emergency, provided, however, that the wage rates and monetary fringe benefits shall not be suspended, and the right of the PEA to grieve the suspension of the Agreement shall not be limited to wage rates and fringe benefits only. Employees put on restrictive on-call pager will be paid three hours pay weekly at the rate of time and one half(1 l\2) times their regular rate of pay if they have worked sufficient hours during the week to be entitled to overtime payment for that week, or the hours worked plus authorized compensated leave totaled forty (40)hours for that week. If employees placed on restrictive on-call pager do not have a weekly total of forty (40) hours based on hours worked plus authorized compensated leave, they will only receive overtime pay for that period of time where the total of their weekly hours worked plus authorized compensated leave plus three hours on-call pay exceeds forty(40)hours. Coastal Florida Public Employees Association Agreement 36 October 1,2010—September 30,2013 Revised 9.26.11 I I. ARTICLE 22 HOLIDAYS The City will recognize the following as paid holidays: New Years Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Day A. If a holiday falls on a Saturday,the holiday will be observed on the Friday before the holiday. If the holiday falls on a Sunday,the holiday will be observed on the Monday following the holiday. B. For those employees working rotating shifts, if the actual holiday falls on an employee's off duty day, the employee shall elect either to receive an additional day's compensation paid at-his regular rate of pay or take a day off within 12 months after the holiday. If the Department Director denied multiple requests for Coastal Florida Public Employees Association Agreement 37 October I,2010—September 30,2013 Revised 9.26.11,t time off, after 12 months the employee may receive the additional day's compensation. C. For those employees working rotating shifts, if the actual holiday falls on an employee's on duty day, he shall be compensated at the rate of time and one half his regular rate of pay for all hours worked on the holiday in addition to his holiday pay. D. Holiday pay shall not be withheld for any reason other than being waived by the employee with the concurrence of the Department Head. In lieu of holiday pay, the employee shall be allowed a day off with pay. The day taken off in lieu of the holiday must be taken within thirty(30)calendar days after the holiday. E. In order to be eligible for holiday pay, an employee must work both his last scheduled workday before the holiday and the first scheduled work day after the holiday unless the absence is due to compensated leave. Each employee shall be entitled to four (4) floating holidays with pay per year, which must be taken within their anniversary year. Employees shall not receive pay in lieu thereof. Floating holidays shall be scheduled with the approval of the Department Head. Coastal Florida Public Employees Association Agreement 38 October 1,2010—September 30,2013 Revised 9.26.11 o H ARTICLE 23 SICK LEAVE Sick leave benefits shall not be considered as a right to be used at an employee's discretion. Sick leave is a benefit granted by the City to provide employees with reasonable time off during periods of personal or family illness without loss of pay. A. Sick leave will be earned at the rate of eight (8) hours for each month of service.No employee shall be entitled to use sick leave until they have been deemed a regular employee.These hours shall accumulate up to a maximum of three hundred twenty(320). After accumulating the three hundred twenty (320) hours maximum sick leave, an employee shall receive as additional pay the hours in excess of three hundred twenty (320) up to an additional eight(8)hours for each month thereafter that he does not use any sick leave. If, however, the employee uses any sick leave after accumulating the three hundred twenty(320)hours maximum sick leave,the employee must restore his accumulated sick leave to the maximum again before he shall be eligible for any additional pay. Coastal Florida Public Employees Association Agreement 39 October 1,2010—September 30,2013 Revised 9.26.11 I I C B. Employees with a maximum above the three hundred twenty (320) hours will have their additional accumulated hours above the maximums paid to them at their current rate of pay in installments over twelve(12)months. C. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee with a minimum of five (5) years service with the City who resigns in good standing, retires under the provisions of the City's pension plan, or in the event of death, the employee's beneficiary, shall be entitled to a lump sum payment of 100% for any unused portion of accrued sick leave. An employee with less than five (5) years service with the City who resigns in good standing, retires under the provisions of the City's pension plan, or in the event of death,the employee's beneficiary, shall be entitled to a lump sum payment at the rate of two(2)hours of sick leave for one(1)hour of pay. The payment shall be determined by using the rate of pay received by the employee at the time of termination. D. Sick leave may be used for illness in the immediate family or donated to any City employee who has an emergency or long-term illness. Immediate family is defined as: spouse, co-habitant, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren and stepparents of either the employee or spouse. E. An employee who calls in without the prior approval of the Department Head to report he will not be at work that day cannot charge it as a day of vacation or a floating holiday unless he has no sick leave accumulated. F. If the City voluntarily negotiates for fiscal year 2009-2010 an accrued sick and vacation sell back for members of any other bargaining unit which Coastal Florida Public Employees Association Agreement 40 October 1,2010-September 30,2013 Revised 9.26.11.x:'_!'x_.11,, 2 allows an exchange of combined accrued sick and vacation in excess of the current benefit set forth above, all eligible employees shall be granted the same improvement. Coastal Florida Public Employees Association Agreement 41 I October 1,2010—September 30,2013 Revised 0.26.11 !I _ ARTICLE 24 VACATION Employees covered by this Agreement shall be entitled to annual vacation leave with pay based on the number of years of service with the City: Less than 1 year 0 hours 1 -4 years 96 hours 5- 10 years 144 hours 11 years 192 hours 12 years 200 hours 13 years 208 hours 14 years 216 hours 15 years 224 hours 16 years 232 hours 17 years and over 240 hours A. No employee shall be entitled to vacation leave without having first completed a full year's employment. Upon completion of one(1)year of employment with the City,an employee shall be credited with ninety-six(96)hours of vacation leave. Subsequent to the completion of one(1)year of employment,an employee shall accrue vacation leave on a weekly basis. Every employee is to physically take at least one week off annually for vacation. B. Vacation leave accrued,but not used,within any given anniversary period may be carried over and accumulated. Employees may accumulate vacation leave up to a maximum of five hundred(500)hours. C. In lieu of taking vacation leave, vacation leave may be cashed in an amount equal to one-half (1/2) of that accrued within the current anniversary period, at the employee's discretion throughout the fiscal year as long as the employee obtains the appropriate form and submits it upon completion to the Department Director no later than June 1 for payment in the forthcoming-fiscal year. Payment will not Coastal Florida Public Employees Association Agreement 42 October 1,2010—September 30,2013 Revised 9.26.11-=,.iI i.' be allowed if the employee fails to submit this form prior to June 1. The amount of compensation shall be determined by using the employee's hourly rate at the time the vacation leave is cashed in. D. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee will be paid for any unused portion of accrued vacation leave. The payment shall be determined by using the rate of pay received by the employee at the time of termination. E. Vacations must be scheduled with the approval of the Department Head. Seniority shall be considered by the Department Head in the scheduling of vacations. F. If the City voluntarily negotiates for fiscal year 2009-2010 an accrued sick and vacation sell back for members of any other bargaining unit which allows an exchange of combined accrued sick and vacation in excess of the current benefit set forth above,all eligible employees shall be granted the same improvement. Coastal Florida Public Employees Association Agreement 43 October 1,2010-September 30,2013 Revised 9.26.11,,I I ARTICLE 25 BEREAVEMENT LEAVE A. When a death occurs in the immediate family of an employee,that employee shall be granted up to forty (40) hours bereavement leave without loss of pay. Additional time may be taken by the employee as vacation leave, personal days, sick leave,a leave of absence without pay or a day off without pay. B. Immediate family shall mean: spouse, co-habitant, parents, grandparents, children, grandchildren, brothers, sisters, stepbrother, stepsister, stepchildren and stepparents of either the employee or spouse. If the employee was raised by someone other than one of the above named,he may request the leave in the event of the death of that individual. C. The City has the right to request a verification of the death. Coastal Florida Public Employees Association Agreement 44 October 1,2010—September 30,2013 Revised 9 26.11-0 I ARTICLE 26 UNIFORM,CLOTHING AND EQUIPMENT Personal equipment (i.e. glasses, watches, etc.) proved damaged in the scope of employment shall be replaced or repaired at no cost to employee subject to approval of the DCR and proof of damage and value of item damaged. The maximum amount the City will pay for a watch or non-prescription sunglasses will be twenty-five (25.00)dollars. The maximum amount the City will reimburse for prescription glasses will be two hundred($200.00)dollars. The City agrees to have each serviceable City vehicle inspected by a qualified mechanic. All vehicles will contain proper safety equipment. The City will furnish and maintain all types of safety equipment excluding safety shoes. The City agrees that it shall conform to all standards required by the federal government and its regulatory agencies and shall implement the use of only such equipment that will promote the safety and welfare of all employees covered under this Agreement. The City will provide five(5) shirts, five (5) pairs of pants or shorts and one (1) pair of safety shoes per year to all members of the Bargaining Unit in the following positions: Service Worker, Meter Reader, Utilities Plant Trainee, Utilities System Technician, Cross Control/Reclaim Water Inspector, Wastewater Maintenance Technician, Bio Residual Technician, Utilities Maintenance Worker, Laboratory Quality Control Administrator, Stormwater Maintenance Worker, Heavy Equipment Operator, Equipment Operator, Parks Maintenance Worker, Utilities Laboratory Technician, Mechanic, Canal Maintenance Specialist, Lead Mechanic, Team Leader, Crew Chief, Water Plant Operator, Wastewater Plant Operator, Certified Parks Maintenance Worker,Community Service Officer. Coastal Florida Public Employees Association Agreement 45 I October 1,2010—September 30,2013 Revised 9.26.11= The cost to the City for safety shoes shall not exceed eighty-five ($85.00) dollars per pair. Safety shoes may be work shoes,with or without steel toes. If the City determines that steel toes are required, on a case by case basis, that will be indicated. The City will furnish gloves to employees who handle chemicals, wastewater, or garbage. Employees will sign for gloves when issued. When uniform replacement due to normal wear and tear is requested by the employee,the shirt and/or pants will be inspected by the Department Head. At the discretion of the Department Head, the uniform, not including the patches, will become the property of the employee. Employees reporting to work without the proper uniform will not be allowed to work and will not be paid for the time required to return home to change into their uniform. Employees intentionally damaging uniforms will pay for repairs or replacements. Uniforms will not be worn during off duty hours or days off. An employee who has terminated his employment with the City will not receive a final paycheck until all uniforms issued are returned clean. If within any individual department, upon the concurrence of the Department Head, a majority of the non-uniformed members of the Bargaining Unit submit a request to the City Manager for uniforms, the City hereby agrees to consider the feasibility of implementing such a request during the next fiscal year. Coastal Florida Public Employees Association Agreement 46 October 1,2010—September 30,2013 Revised 9.26.11 I I 2 ARTICLE 27 INSURANCE The City agrees to furnish Bargaining Unit members a health and dental group insurance plan. For employees hired prior to October 1, 2004, the City agrees to pay the entire amount of the health insurance premium for the Bargaining Unit member and fifty percent (50%) of the health insurance premium for their dependents. Employees hired after October 1,2004 will have the opportunity to purchase dependent health insurance coverage. The City agrees to pay 50%of all dental coverage. The City shall provide life insurance for all employees covered by this Agreement in an amount equivalent to one(1)year's base salary rounded up to the next thousand dollars;however no employee's life insurance coverage shall be less than fifteen thousand($15,000.00)dollars. The City and members of the PEA will agree to evaluate HSA as a potential funding source for retiree medical stipend. Coastal Florida Public Employees Association Agreement 47 I October 1,2010—September 30,2013 Revised 9.26.1}„1! ARTICLE 28 INJURIES Duty Related Injury An employee who is temporarily disabled in the line of duty shall receive full pay and benefits for the period of the disability,subject,however,to compliance with all of the following conditions: A. The disability must have resulted from an injury or an illness directly related or sustained in the performance of the employee's work. The City's determination as to whether the disability is work related shall be governed by the provisions of Chapter 440,Florida Statutes. B. The DCR, in his discretion, may utilize the services of a physician to determine whether any employee claiming disability is physically and/or mentally able to continue working or to return to work. C. The injured employee will remain at full pay status not to exceed seven si\ hundred(600)twenty(720)hours. If, as a direct result of the continuation of the disability involved,the employee is unable to return to work at the end of the six hundred (600) hours, the employee may petition the DCR requesting that he be carried in full pay status beyond the seen siy hundred(600)twenty(720)hours. If the DCR decides not to permit the employee to continue in full pay status beyond the seven siy hundred twenty(720)(600)hours,the employee shall revert to normal Worker's Compensation Benefits. D. The City agrees that any employee injured on the job or who suffers a job related illness shall be paid for a full day if his treating physician advises that he cannot or should not return to work. Coastal Florida Public Employees Association Agreement 48 I October 1,2010—September 30,2013 Revised 9 26.11 I I ' E. If the City voluntarily negotiates an improved benefit within any of its collective bargaining units for Injuries, all eligible employees shall be granted the same improvement. Non-Duty Related Injury In the event the DCR, in consultation with an employee's Department Head, determines that a non-duty related disability exists,the following shall apply: A. If the disability can be corrected, the DCR, in consultation with the employee's Department Head, may permit the employee to continue with his normal duties, reassign the employee to other duties with the department, or temporarily remove the employee from City service. Should the employee be temporarily removed from City service during the period of time specified for correction of his disability, the employee may utilize his sick leave, vacation leave or request a leave of absence without pay for the correction period. B. If the disability cannot be corrected,the DCR in consultation with the employee's Department Head will attempt to place the employee in another City position, which in the DCR's discretion, the employee can perform satisfactorily. Nothing herein shall require the DCR to create a position for the employee. If the DCR determines that the employee cannot be placed in another position, the employee chooses not to accept the position offered, or the DCR in consultation with the Department Head involved determines that the employee is not satisfactorily performing in the new position, then the employee shall be afforded an opportunity to resign thereby retaining any benefits to which he would otherwise be entitled. Coastal Florida Public Employees Association Agreement 49 October 1,2010—September 30,2013 Revised 9 26.11 9 ARTICLE 29 PER-DIEM Employees who have received prior authorization to use their private automobile for City business shall be compensated at the rate authorized by law. Coastal Florida Public Employees Association Agreement 50 October 1,2010—September 30,2013 Revised 9.26.11 I '!!I ARTICLE 30 EDUCATION The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, improving the quality of service rendered to the public, aiding employees to equip themselves for greater responsibilities and advancement to higher positions when available. A. The City shall assume financial responsibility for tuition,books and transportation for a course required as a condition of continued employment. If the employee does not satisfactorily complete the course, he may re-enroll at his expense, and take such course on his own time. Then if the employee does not satisfactorily complete the course, he may be terminated from the position. If an employee requests to take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment, the employee will receive reimbursement for 50%of the tuition. If it is recommended that an employee take an enrichment course, upon prior approval by the Department Head and the City Manager for enrollment,the employee will receive reimbursement for 75%of the tuition. All reimbursements will be subject to satisfactory completion of courses. If an employee remains in the City's employment for two (2) years after successful completion of the course, they will not be obligated to reimburse any of the course expense. Employees will be obligated to reimburse the City for course expenses if they leave the employment of the City as follows: Less than 6 months after successful completion of course = 100% 6—12 months after successful completion of course = 75% Coastal Florida Public Employees Association Agreement 51 I October 1,2010—September 30,2013 Revised 9.26.11 I I 12— 18 months after successful completion of course = 50% 18-24 months after successful completion of course = 25% B. Employees will notify the Department Head through proper channels of a desire to attend such courses. The Department Head, in turn,may arrange scheduling of shifts so as to allow an employee to attend. C. Attendance shall be determined by the Department Head after considering the needs of the department and the seniority of employees. D. Any employee covered hereunder that is required to take/attend a course may be given educational leave for the purpose of taking courses or attending conferences and/or seminars directly related to the employee's work as determined and approved by the Department Head and the DCR. An employee granted educational leave with full pay shall be entitled to receive all City benefits in the same manner as if he were on active duty during the period of the leave, excluding overtime provisions. Entitlement to benefits for employees on partially compensated or uncompensated educational leave shall be determined by the Department Head and the DCR. ARTICLE 31 PENSION PLAN Coastal Florida Public Employees Association Agreement 52 October 1,2010—September 30,2013 Revised 9.25.11• The City agrees to continue the present Defined Benefit Pension Plan with all contributions to it paid by the City for all employees vested in the plan as of September 30, 1996, except the employee's contributions as required by the plan. Any changes or additions to the present plan agreed to by the General Employee's Pension Board and the City Council shall be implemented. The PEA Representative shall serve as the employee member on the General Employee's Pension Board. In lieu of the,Defined Benefit Plan, for all employees hired effective October 1, 1996,or thereafter, on behalf of the employee, the City shall contribute twelve (12) percent of all compensation earned during employment with the City to a 401(a)Defined Contribution Money Purchase Plan. The account shall not be established until the first day of the month following completion of ninety(90) days of employment with the City, but shall include a contribution of twelve(12)percent of all compensation earned since the effective date of employment with the City. Coastal Florida Public Employees Association Agreement 53 October I,2010—September 30,2013 Revised 9.26.11- I `. ARTICLE 32 WAGES For fiscal year 2011 2012-21)13, all eligible employees shall receive a 2% increase in their hourly rate of pay.This is only applicable to fiscal year 2011 2012-2013, and any increases in subsequent years must be mutually bargained for by the parties.Employees are not eligible for this increase until they have been deemed a regular employee. In the event that retroactive pay is provided as a result of timely ratification by the bargaining unit members, only those hours actually worked shall be eligible for retroactive pay. No retroactive pay shall be paid for any other compensation, including any pay as a result of sick or vacation leave cash in pursuant to Article 23 or 24. If the City voluntarily negotiates an across the board wage increase for fiscal year 2011 2012-2013 for members of any other bargaining unit with a percentage of increase for hourly rate of pay which exceeds the one time 2% increase set forth above applicable to fiscal year 2011 2012-2013,all eligible employees shall be granted the same improvement. For fiscal year 2010-2011 only, the City agrees to pay Bargaining Unit members a five hundred dollar ($500) one-time stipend (before taxes). This one-time stipend will occur in a single installment to be paid the first pay period of December or within sixty (60) days of agreement ratification, which ever comes later. For fiscal year 2011 2012-2013 only, the City agrees to implement the FYI-12-13 hourly rates set forth in Exhibit A. Although the City agrees to make reasonable efforts to implement the rate changes set forth in Exhibit A in subsequent years, any increases or implementation in subsequent years must be mutually bargained for by the parties, and there is no guarantee requiring the City to fund or implement hourly rates for any additional years beyond fiscal year 2011 20122013. Coastal Florida Public Employees Association Agreement 54 October 1,2010—September30,2013 Revised 9.26.11 y II 2n1.2 ARTICLE 33 ALCOHOL AND DRUG POLICY A. The City and the PEA recognize that drug and alcohol abuse is a growing problem within our nation's work force. The parties also recognize the tremendous cost, both in terms of efficiency and in human suffering, which drug and alcohol abuse may cause. Substance and alcohol abuse by employees of the City may have an adverse impact on City government, operations, and the health, welfare, and safety of City employees and the general public. Acknowledging the necessity for action, the following alcohol and drug testing policy is hereby initiated for all employees. B. The City prohibits all employees from: 1. Selling any drug, including alcohol or prescription drugs, whether on or off-duty, unless the employee is legally entitled to sell the substances in question. 2. Possessing any alcoholic beverage or illegal drug while on-duty or on City property at any time. 3. Using any controlled substance not prescribed for the employee by a physician or alcoholic beverage, which may adversely affect job performance. This may include both use while on-duty and use while off- duty,which can adversely affect on-duty performance. 4 Reporting to work with the presence of illegal drugs or alcoholic beverages in the body system, which is equal to or exceeds the cutoff detection levels established pursuant to Chapter 440,Florida Statutes. Coastal Florida Public Employees Association Agreement 55 October 1,2010—September 30,2013 Revised 9.26.11 C. The City Manager and the employee's Department Head, in accordance with the Drug Free Workplace Policy, shall have the authority to require employees to submit to testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. When an employee is required to submit to testing it shall be limited to those circumstances which indicate that reasonable cause exists that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the City of Edgewater personnel rules regarding the use or possession of such substances. D. In the event the City requests that an employee submit to testing and the employee chooses not to submit to such tests, this refusal shall be grounds for appropriate disciplinary action. E. An employee who must use a prescription drug which the employee has been advised will or which the employee may reasonably expect to cause adverse side effects such as drowsiness, impaired reflexes, or reaction time shall inform his Department Head that he is taking such medication on the advice of a physician and of the possible side effects of the drug and expected duration of use. F. In the event the City requests that an employee submit to drug or alcohol tests,the cost of such test shall be paid by the City. G. Employees required to take regularly scheduled physical examinations may have included as part of the examination a test for alcohol or drugs. H. Employees with job performance or attendance problems shall bear the primary responsibility to seek diagnostic and appropriate treatment for such problems. In the event an employee seeks assistance and treatment for an alcohol or drug- related problem, the following shall apply. An employee may be granted a one- Coastal Florida Public Employees Association Agreement 56 October 1,2010—September 30,2013 Revised 9.26.11 r I 'r;I time leave of absence without pay, not to exceed sixty (60) days to undergo treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. The request must be voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. I. The result of any drug or alcohol test shall be considered a medical report and shall be deemed confidential pursuant to Florida law. J. Decisions of an arbitrator under this Article shall be limited to a determination of whether there existed reasonable cause to activate the provisions of this Article. If this issue is determined in the employee's favor,he shall be reinstated. K. The circumstances constituting reasonable cause shall be set forth in writing and signed by the person initiating the allegation before the provisions of this Article shall apply. Coastal Florida Public Employees Association Agreement 57 October 1,2010—September 30,2013 Revised 9.26.11 ARTICLE 34 SEVERABILITY CLAUSE Should any provision of this collective bargaining agreement or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by a decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree that they shall meet within thirty (30) days of the date when the contract provision was determined to be invalid,in order to negotiate a replacement provision. Coastal Florida Public Employees Association Agreement 58 October 1,2010—September 30,2013 Revised 9.26.11 2 . ARTICLE 35 SAVINGS CLAUSE The Agreement will not deprive any employee of any benefits or protection granted by the laws of the State of Florida, the ordinances of the City of Edgewater, or the personnel rules and regulations of Edgewater. Coastal Florida Public Employees Association Agreement 59 October 1,2010—September 30,2013 Revised 9.26.11 ARTICLE 36 ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties hereto. Coastal Florida Public Employees Association Agreement 60 October 1,2010—September 30,2013 Revised 9.26.1-1-•■!L '!.j I ARTICLE 37 NOTICES All notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested,and addressed as follows: If to City: With a Copy to: City Manager City Attorney City of Edgewater City of Edgewater P.O.Box 100 P.O.Box 100 Edgewater,FL 32132-0100 Edgewater, FL 32132-0100 If to PEA: With a Copy to: President PEA Employee Representative Coastal Florida Public c/o City of Edgewater Employees Association,Inc. P.O.Box 100 1162 Pelican Bay Drive Edgewater,FL 32132-0100 Daytona Beach, FL 32119 Coastal Florida Public Employees Association Agreement 61 October 1,2010—September 30,2013 Revised 0.26.1 b i: I ARTICLE 38 DURATION OF AGREEMENT This Agreement shall be effective from October 1, 2010 upon ratification by the parties, and shall continue in full force and effect until midnight of September 30,2013. This Agreement contains the entire agreements of the parties relative to wages, working conditions,and all other matters,which have been or could have been negotiated by and between the parties prior to execution of this Agreement. Neither party shall be permitted to reopen or renegotiate this Agreement for fiscal year 2010-2011; provided, however, that either party may reopen the Agreement for the limited purpose of negotiating Wages and three (3) other Articles for fiscal year 2011-2012 and Wages and three(3) other Articles for fiscal year 2012-2013. If a party reopens this Agreement for said limited purposes in either fiscal year 2011-2012 or 2012- 2013,the other party shall be entitled to present three(3)Articles for negotiations. Upon mutual consent anytime during the term of this Agreement,the parties may agree to reconsider any provisions in this Agreement. Such consent shall not be unreasonably withheld by either party. Coastal Florida Public Employees Association Agreement 62 October 1,2010—September 30,2013 Revised 9.26.11- I'I 2 I IN WITNESS WHEREOF,the parties have executed this Agreement on the dates set forth below. COASTAL FLORIDA PUBLIC WITNESS: EMPLOYEES ASSOCIATION By: Staff Representative Dated: CITY COUNCIL OF THE CITY ATTEST: OF EDGEWATER,FLORIDA By: Michael Thomas Mayor Dated: APPROVED FOR FORM AND CORRECTNESS Aaron Wolfe,Labor Attorney Coastal Florida Public Employees Association Agreement 63 October 1,2010—September 30,2013 Revised 9.26.11 I ' U mU o z z 0 w U G a a o a g C4 a\ U W d zd ¢ a ¢ S z a w .. 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O v O 0 0O 0N W V N uO1 W V .. 0 0 A c w 0000000.00 fA 00000 fn 0 lye , - - - - - - . . -.,p Q1 r r ∎ • IO IO .N+ N Ot fn O O 00 V 01010110 .0. '010 F' 10 10 W V 00 01 UI W mo . W fn z m z e4 z m z m z 0 '0 A 0 ' 0 ro 0 2 O O O O O o co AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS September 24, 2012 ITEM DESCRIPTION: Ratification of the Fraternal Order of Police (FOP) Agreement BACKGROUND: The changes in this agreement are presented in an underlined and strikethrough format. The changes are: • Article 6/Hours of Work And Overtime — This overtime process is no longer in practice • Article 9/Insurance — Update language so sergeants receive the same insurance benefits as all other supervisors. • Article 11/Injuries — Change paid time off for duty related injuries to be consistent with city policy. • Article 18/Promotions—Reduce the time of service with the city • Article 28/Education—Implementation of a education incentive pay program • Article 29/Training—A fitness assessment may be offered to the officers • Article 30/Wages — For fiscal year 2012-2013, employees will receive a 2% wage increase. For fiscal year 2012-2013 only, the City agrees to implement the FY 12/13 hourly rates set forth in Exhibit A. • Article 32/Assignment Compensation—Revise assignment categories • Article 33/Take Home Vehicle—Update language due to RCC disbandment • Article 30/Duration Of Agreement—Update years of contract Labor counsel, Aaron Wolfe, has reviewed this contract. The bargaining unit ratified the proposed agreement. STAFF RECOMMENDATION: Staff recommends the City Council approve the Fraternal Order Of Police Agreement as negotiated and presented, effective October 1, 2012, expiring September 30, 2013. ACTION REQUESTED: Motion to approve the October 1, 2002 — September 30, 2015 Fraternal Order Of Police Agreement for the fiscal year 2012-2013. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully sub 1y tted, Concurrence: „ it /!-or Donna Looney Robin L. Matusick Trace T. Barlow Personnel Director Paralegal Ci Manager FRATERNAL ORDER OF POLICE (FOP) TABLE OF CONTENTS ARTICLE SUBJECT PAGE Agreement 3 Recognition 4 2 Employee Non-Discrimination Rights 5 3 Management Rights 6 4 Strikes and Lockouts 10 5 Personnel Records 11 6 Hours of Work and Overtime 12 7 Mileage Allowance 16 8 Disciplinary Action/Investigation ... 17 9 Insurance 19 10 Leave of Absence 2Az1 11 Injuries 12 Sick Leave 2.4,E 13 Vacation 262.7 14 Holidays 15 Bereavement Leave 3031 16 Voting 3132 17 Seniority,Layoffs,and Recall 3233 18 Promotions 3331 19 Bulletin Boards 1 FOP Agreement FY 2012 2013 n 2014 201 j 7 20.12 D.1.. 2009/2010 FY 2011/2012.Revised September 2011 20 Dues Deduction... •• 37g 21 Fraternal Order of Police Representative 39444 22 Employee-Management Committee /1112 23 Internal Investigations and Obligations to the Public /1243 24 Grievance and Arbitration Procedure 45-44 25 Rules and Regulations 49 26 Pension Plan 595-1- 27 Uniforms and Equipment .. 515' 28 Education .. 5253 29 Training •• 545O 30 Wages.. •• 5-659 31 Probationary Personnel 5760 32 Assignment Compensation ]=1- 33 Take Home Vehicle ?? 34 Alcohol and Drug Policy •• 60-64 35 Severability Clause ••• 4 36 Savings Clause 6443 37 Entire Agreement 65 38 Notices 6669 39 Duration of Agreement 47744 2 FOP Agreement FY 2012/201 3 I 1 2014 2015 7 20.12 D ..2009/2010 FY 2011/2012.Revised September 2011 FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE AGREEMENT This Agreement is entered into by the City of Edgewater, Florida, hereinafter referred to as the "City" and the Florida State Lodge Fraternal Order of Police hereinafter-referred to as the "FOP" for the purpose of promoting harmonious relations between the City and the FOP, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning conditions of employment. The term "Designated City Representative", hereinafter"DCR", shall mean the City Manager or his appointed representative. The masculine gender shall include the feminine gender and the feminine shall include the masculine unless the context requires otherwise. 3 ARTICLE 1 RECOGNITION The City hereby recognizes the Florida State Lodge Fraternal Order of Police as the exclusive bargaining representative for all full time Police Department Personnel in the following job titles as defined in Public Employees Relations Commission Certification 1758: Administrative Secretary, Lead Records Clerk, Records Clerk, Police Officer, Police Sergeant, and Evidence Technician. This Agreement excludes the Police Chief, Deputy Chief, Police Lieutenant, Command Staff and all other employees of the City of Edgewater not listed in the above inclusions. 4 ARTICLE 2 EMPLOYEE NON-DISCRIMINATION RIGHTS The parties agree not to interfere with the right of any employee covered by this Agreement to become a member of the FOP. There shall be no discrimination against any employee covered by this Agreement by reason of race, creed, color, national origin, sex, FOP membership or activity or lack of FOP membership or activity. Nothing contained in this Agreement shall foreclose any employee covered by this Agreement from pursuing any right or remedy, including the grievance procedure, without representation of the FOP.=All grievance or arbitration request shall be presented to the FOP representative prior to processing. Further, nothing contained in this Agreement shall foreclose any employee from discussing a work related problem directly with his immediate supervisor or other departmental officials without the intervention of the FOP, provided that the immediate supervisor or other departmental officials agree to discuss and/or attempt to resolve the matter outside the formal grievance procedure. 5 ARTICLE 3 MANAGEMENT RIGHTS 1. The FOP recognizes that it is the function of management to determine and direct the policies and mode and method of providing its services without any interference in the management and conduct of the City's operation on the part of the FOP or any of its representatives. 2. The City shall continue to exercise the exclusive right to take any action, not in conflict with provisions of this Agreement, or in conflict with state or federal law, which it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, power and authority customarily exercised by management, which the City has not expressly modified or deleted by express provisions of this Agreement. Nothing in this Agreement shall be construed to limit or impair the right of the City to exercise its own discretion in determining whom to employ, and nothing shall be interpreted as interfering in any way with the City's right to alter, rearrange, change, extend, limit or curtail its operation or any part thereof unless specifically addressed in this Agreement. Without limiting the provisions of Sections 1 and 2 hereof, but in order to clarify some of the more important unilateral rights retained by management, the City shall have the following unilateral management rights,unless such rights are specifically limited and in direct conflict with this Agreement. (a) To determine the size and composition of the work force, including the number and composition of employees assigned to any particular operation, shift or turn consistent with safe practices as determined by the Police Chief. 6 (b) To determine the number and type of equipment, vehicles, materials, and supplies to be used, operated, or distributed consistent with safe practices as determined by the Police Chief. (c) To hire,rehire,promote, lay-off and recall employees. (d) To reprimand, discharge or otherwise discipline an employee for just cause. (e) To evaluate by written performance evaluations, maintain, and/or improve the efficiency of employees. (f) To create, abolish, or change job classifications and to maintain job descriptions consistent with the job titles set forth in Article I. (g) To determine the assignment of work,and to schedule the hours and days to be worked on each job and each shift, unless contrary to a specific provision of this Agreement. (h) To discontinue, temporarily or permanently, in whole or part, its operations, and to transfer or assign all or any part of its operation to new facilities. (i) Consistent with the Americans with Disabilities Act, to require an employee, at the City's expense by a physician designated by the City, to take a physical examination on an annual basis or more frequently if the City has cause to believe there is a health problem, which must be reduced to writing and given to the employee. The employee,at his own expense,may obtain a second opinion by a physician of his choice. In case of conflict with the original medical examination, a third medical examination may be requested by the City at the 7 City's expense by a physician designated by the City. The results of any examination shall be placed in a separate medical file. (j) To test employees for the use of alcohol, illegal drugs and/or controlled substances when there is reasonable cause in accordance with Article 34. (k) Pursuant to the provisions of Article 25,to make or change rules, policies and practices. (1) To determine work schedules,work cycles, starting and quitting times and the number of hours and shifts to be worked, unless contrary to a specific provision of this Agreement. (m) To introduce new,different or improved methods, means and processes of conducting the operations,transportation,maintenance and service of the City. (n) In compliance with the promotional requirements established in Article 18,to determine the qualifications for positions in the City. (o) To determine the work to be performed during the employee's regular work day and require that all work be performed in a satisfactory and professional manner. (p) To assign overtime work, unless contrary to a specific provision of this Agreement. The City reserves and retains in full and completely any and all management rights, prerogatives and privileges, except to the extent that such rights, prerogatives and privileges are specifically limited by some express provision of this Agreement. The City's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise 8 such function or right, nor preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. The City, subject to Florida law, has the sole authority to determine its purpose and mission and the amount and allocation of the budget. If, in the sole discretion of the City,it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricanes or other weather conditions or similar catastrophes, any or all non-economic provisions of this Agreement may be suspended during the time of the declared emergency. It is agreed that it is not possible to enumerate every incidental duty connected with a particular position in a job description, and accordingly, at the discretion of the City employees may be required to perform duties not within their specific job descriptions which are reasonably related to their job or the mission of the employees'department. 9 ARTICLE 4 STRIKES AND LOCKOUTS The FOP and the City agree that Sections 447.505 and 447.507, Florida Statutes, shall govern their relations regarding the prohibition of strikes. 10 ARTICLE 5 PERSONNEL RECORDS The City shall recognize only one official personnel file, which shall be maintained by the Personnel Director in City Hall. Each employee covered by this Agreement shall have the right to inspect his official personnel file,provided,however that such inspection shall take place at a reasonable time and may require an appointment, under the supervision of the records custodian. The employee shall have the right, at his own expense, to make duplicate copies of any item contained in his official personnel file. Employees covered by this Agreement shall have the right to file a written response to any document, which is placed in the employee's official personnel file. Any such written response shall be included in the employee's official personnel file and attached to the original document. Documents placed in the official personnel file shall follow the chain of command. The City will comply with Chapter 119, Public Records Law when allowing the review of any employee's official personnel file. The City will notify the employee when such a request has been filed. To the extent permitted by law and in order to protect the privacy and promote the safety of individual police officers, the City agrees not to directly or indirectly furnish the news media or the public with the employee's home address, telephone number or photograph and any other information that is exempt by law. 11 ARTICLE 6 HOURS OF WORK AND OVERTIME The following provisions shall govern hours of work and overtime: A. Forty (40) hours or forty-two (42) hours for those assigned to twelve (12) hour shifts, shall constitute a normal workweek for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty(40) or forty-two (42) hour workweek unless the employee actually works forty(40)or forty-two(42)hours,or his actual hours worked and his authorized compensated leave totals forty(40)hours or forty-two(42)hours. The Patrol Division shall work twelve(12)hour shifts. There may also be a swing shift units assigned with various starting times to cover peak hours, special assignments and or shift changes. There shall be two (2) squads assigned to the day shift and two(2) squads assigned to the night shift. The day and night squads shall rotate assignments every four(4) months. Shift work schedules (i.e. 2 day weekends or 3 day weekends) will be determined by the Employee- Management Committee with changes commencing at the beginning of pay cycles. Personnel will be provided appropriate notice prior to commencement of any change to shift work schedules. B. Non-exempt employees, shall be compensated at the rate of time and one-half the employee's regular straight time rate or compensatory time off at a rate of one and one-half hours for each hour worked in excess of forty (40) or forty-two (42) during a week, averaged per fourteen (14) day work cycle, as determined upon agreement between the employee and Department Head prior to the hours being worked. Sick leave shall not be considered hours worked. 12 C. If a non-exempt employee covered by this Agreement is called back to work outside his scheduled working hours, he shall receive a minimum of three (3) hours pay at the rate of time and one-half his regular straight time rate. This section shall not apply to work scheduled outside of regular working hours for which the employee has advance notice, but is intended to compensate employees who are unexpectedly called back to work. However, this section shall apply to required off duty appearances such as a subpoenaed witness in the Federal, Circuit, or County Courts on pending criminal, civil, or traffic cases where the employee is involved as a witness in his official capacity or as the arresting officer and/or investigating officer. D. No City official shall take action to cause the non-payment of time and one-half when the employee has performed work,which entitles him to such payment. F-.-1 Employees shall be given seven(7)days notice of any permanent change in their regular hours of work. Except in emergency situations, the City will avoid scheduling an employee to work continuous shifts. If an employee is not notified seven(7)days in advance of a shift change, except in emergencies, he shall receive one and one-half times the straight time hourly rate for the next assigned shift. G-- I .A shift work schedule will be posted showing the schedule for a period of two (2)months and will be posted with seven(7)day advanced notice. 13 14G.. Department meetings will be held on officer's duty time, if possible, for the purpose of conveying policy changes and operating procedures or the discussion of anything pertaining to the operation of the Edgewater Police Department. If meetings are held during a non-exempt officer's off-duty hours,she shall receive a minimum of two(2)hours pay at the rate of time and one half his regular straight time rate. 1.11 At no time are reserve officers or C.A.P. officers are to be used to replace the duties or functions of regular full time officers unless all other possibilities have been exhausted. This shall include special events. J.1 Each shift will have the appropriate staffing to provide safe working conditions for the public and on-duty personnel. K.J Detectives shall be scheduled for duty based on forty-two(42)hours per week. E.K Members participating in the Platoon System shall include only Police Officers, and Police Sergeants. All positions participating in the Platoon System will work twelve (12) hour shifts in two teams. The hours of work for Team A will be 0600 hours to 1759 hours. The hours of work for Team B will be 1800 hours to 0559 hours. M.L. Employees participating in the Platoon System shall be paid weekly based on a forty-two (42) hour workweek. The participants will work one hundred sixty-eight(168) hours in a twenty-eight(28) day cycle. All hours worked in excess of one hundred sixty-eight(168) during a twenty-eight(28) day cycle shall be compensated at the rate of time and one-half the employee's regular straight time rate. In the event the City changes to bi-weekly payroll, the platoon system employees will work eighty-four (84) hours in a fourteen (14) day cycle. All hours worked in excess of eighty-four (84) during the fourteen (14) day cycle shall be 14 compensated at the rate of time and one-half the employee's regular straight time rate. Sick leave shall not be considered hours worked. N.\1 Those employees working the platoon system shall receive shift differential pay in the amount of fifty(.50)cents per hour for the whose regular scheduled shift starting time is 1500 hours and after. 15 ARTICLE 7 MILEAGE ALLOWANCE Any employee who has received authorization from the Police Chief or his DCR to use his private automobile in the performance of his official City duties will be compensated by the City at the rate authorized by the Current IRS rate. The employee shall not accept any other compensation and/or fees from another entity. If said employee receives compensation from another entity,the employee shall turn compensation over to the City. 16 ARTICLE 8 DISCIPLINARY ACTION/INVESTIGATION No employee shall be discharged or disciplined except for just cause. In the event an employee is discharged, suspended, or demoted, the City will furnish the employee with written notification of the discharge, suspension or demotion. This notification shall be hand delivered to the employee prior to its effective date or sent by certified mail,return receipt requested,to the employee at the address in the employee's official personnel file. Upon request, any employee may obtain a copy of any written and/or taped statement given to the City or Police Department in connection with any contemplated disciplinary action. Any employee under formal investigation shall have the right to be represented at his own expense by counsel or any other representative of his choice who shall be present at all times while the employee is being questioned relative to the alleged misconduct. Whenever any employee under investigation is subject to interrogation by the Department for any reason that could lead to disciplinary action, such interrogation shall be conducted pursuant to Florida Statutes Chapter 112. Questions shall be limited to the circumstances surrounding the allegations,which are the subject of the investigation. In the cases where the City chooses to relieve an employee from duty pending an investigation or other administrative determination,the following shall apply: A. The employee may be placed on paid administrative leave and shall be given written notification of the reason for the suspension. B. At the end of the suspension period the employee shall, either be reinstated, terminated,or disciplined. 17 C. Should the disciplinary action include time off without pay, any period of suspension without pay pursuant to Paragraph A above shall be considered in the disciplinary action. D. D. In the event an appeal is entirely successful for the employee, no documentation of said matter shall remain in the employee's personnel file, except to the extent required by the Public Records Act(F.S.119). In the event a decision of finding of equal responsibility by both_parties is rendered by the DCR/Arbitrator, all documents may remain in the personnel file. E. Any non—discipline document, which is over one(1)years old,shall not be used as part of progressive discipline. Additionally, any discipline document which is over three(3) years old,shall also not be used as part of progressive discipline. 18 ARTICLE 9 INSURANCE The City agrees to furnish Bargaining Unit members a health and dental group insurance plan. For non-super-isor\ employees hired prior to January 10,2005,the City agrees to pay the entire amount of the health insurance premium for the Bargaining Unit member and fifty percent (50%)of the health insurance premium for their dependents. N on-super isor €employees hired after January 10, 2005 will have the opportunity to purchase dependent health insurance coverage. The City agrees to pay 50% of all dental coverage for non-supervisor employees. The City aLlrees to pav the entire amount of the health insurance premium for the tkancainine Unit Super isor and sexents-lire percent (75°01 of their health and dental dependant coveraee.- reimbursement for the increased difference in health insurance premiums • -- • ' -'• • • . paid on October 1,2009.• The City shall provide life insurance coverage for all employees covered by this Agreement in an amount equivalent to one year's base salary rounded up to the next thousand dollars. 19 The City shall provide $50,000.00 Accidental Death, $50,000.00 Fresh Pursuit, $150,000.00 Intentional Death for all officers,and a long-term disability plan for all employees. 20 ARTICLE 10 LEAVE OF ABSENCE The Police Chief may grant an employee a leave of absence for a period not to exceed thirty (30) days. Leaves of absence for a period in excess of thirty(30) days shall be approved by the DCR. Any approved leave of absence shall automatically be terminated when the employee obtains ful ►e employment elsewhere. Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ of the City shall not accrue during a leave of absence. Any salary increases for which an employee would have become eligible based in whole, or in part, on length of service with the City shall not be credited during any period of leave of absence. A leave of absence may only be granted after the employee has exhausted all of his sick, vacation and floating holidays accrual. During a leave of absence an employee shall be given the opportunity to continue existing insurance coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (hereinafter COBRA),and any amendments hereto. Military Leave: Any employee who is a member of the National Guard or an organized military or naval reserve unit of the United States will be allowed a maximum of twenty (20) days leave of absence with pay in any one annual period the employee is engaged in training ordered under the provisions of the United States military or naval training regulations. During such period of leave with pay the employee's benefits shall continue uninterrupted. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without pay unless the employee has a sufficient amount of accrued time and shall be granted by the City and when so granted shall be without loss of time or efficiency rating. 21 Family and Medical Leave: Pursuant to the Family and Medical Leave Act of 1993, upon request, employees with at least twelve (12) months of service who have worked an average of more than twenty-four (24) hours per week over the preceding twelve (12) months (1,250 hours), will be granted family medical leave of absence for up to a maximum of twelve (12)weeks in any twelve(12)month period for childbirth,adoption of a child,or a serious health condition of the employee or his/her immediate family member(spouse,parent, child). The City will determine the amount of leave available for an eligible employee by using a"rolling"twelve (12) month period measured backward from the date an employee uses any such leave. The procedure to be followed in requesting family and medical leave and any additional requirements shall be as set forth in the City's Personnel Policy and Procedure Manual, and as that document may from time to time be amended. 22 ARTICLE 11 INJURIES Duty Related Injury An employee who is temporarily disabled in the line of duty shall receive paid disability leave and benefits for the period of his disability, subject,however,to compliance with all of the following conditions: A. The disability must have resulted from an injury or an illness directly related to or sustained in the performance of the employee's work. The City's determination as to whether the disability is work related shall be governed by the provisions of Chapter 440,Florida Statutes. B. The DCR, in his discretion, may utilize the services of a physician to determine whether an employee claiming a disability is physically and/or mentally able to continue working or to return to work. C. The injured employee will remain at full pay status, not to exceed ninety (90) working—days 5iv hundred (600) hours (one hundred thirty five (135) working days nine hundred (900)hours for those on Platoon System). If, as a direct result of the continuation of the disability involved, the employee is unable to return to work at the end of this time period, the employee may petition the DCR requesting that the_employee be carried in full pay status beyond the established time period. If the DCR decides not to permit the employee to continue in full pay status beyond the established time period,the employee shall revert to normal Worker's Compensation Benefits. D. The City agrees that any employee injured on the job or who suffers a job related illness shall be paid for a full day if his treating physician advises that he could not or should not return to work. 23 Non-Duty Related Injury In the event the DCR, in consultation with the Police Chief, determines that a non-duty related disability exists.the following shall apply: A. If the disability can be corrected,the DCR, in consultation with the Police Chief, may permit the employee to continue with his normal duties, reassign the employee to other duties with the Police Department, or temporarily remove the employee from City service. Should the employee be temporarily removed from City service during the period of time specified for correction of his disability, the employee may utilize his sick leave, vacation leave or request a leave of absence without pay for the correction period. B. If the disability cannot be corrected, the DCR in consultation with the Police Chief, will attempt to place the employee in another City position, which in DCR's discretion, the employee can perform satisfactorily. Nothing herein shall require the DCR to create a position for the employee. If the DCR determines that the employee cannot be placed in another position, the employee chooses not to accept the position offered, or the DCR in consultation with the Department Head involved determines that the employee is not satisfactorily performing in the new position, then the employee shall be afforded an opportunity to resign thereby retaining any benefits to which he would otherwise be entitled. 24 ARTICLE 12 SICK LEAVE Sick leave is a benefit granted by the City to provide employees with reasonable time off during periods of personal or family illness without loss of pay, and shall be used for those purposes. Sick leave will be earned at the rate of eight (8) hours per month for forty (40) hour workweek employees and twelve (12) hours per month for forty-two (42) hour workweek employees. Probationary employees will only be entitled sick leave after completion of three(3) months of service and under extraordinary circumstances authorized by the Police Chief. Sick time shall accumulate up to a maximum of three hundred twenty(320)hours for forty(40)hour workweek employees and four hundred eighty (480) hours for forty-two (42) hour workweek employees. After an employee accumulates the maximum sick leave(either 320 or 480 hours as applicable), the employee shall be paid additional pay each month for those sick leave hours accrued in excess of the maximum as long as the employee does not use any sick leave during such month. If however the employee uses any sick leave after accumulating the applicable maximum sick leave, the employee must restore the accumulated sick leave to the maximum again before the employee shall be eligible for any additional pay. Employee's with a maximum above the either three hundred twenty (320) hours or the four hundred eighty (480) hours will have their additional accumulated hours above the maximums paid to them at their current rate of pay in installments over a period not to exceed twelve(12)months. 25 Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee with a minimum of five (5) years service with the City who resigns in good standing or retires under the provisions of the City's pension plan shall be entitled to a lump sum payment of 100%for any unused accrued sick leave. An employee with less than five(5)years service with the City who resigns in good standing, shall be entitled to a lump sum payment at the rate of two(2)hours of sick leave for one(1)hour of pay. Regardless of years of service with the City, in the event of death, the employee's beneficiary shall be entitled to 100%of any unused portion of accrued sick leave. The payment shall be determined by using the rate of pay received by the employee at the time of termination. For those employees participating in the Platoon System a day will be considered to be twelve(12)hours. Personnel calling in sick will call in at least one (1) hour before going on shift, if possible. Employees may use their accrued sick leave for illness in the immediate family or donate it to any City employee who has an emergency or long-term illness. Immediate family is defined as: spouse, co-habitant, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren,and stepparents of either the employee or spouse. An employee who calls in without the prior approval of the Police Chief to report he will not be at work that day cannot charge it as a day of vacation or a floating holiday, unless he has no sick leave accumulated. 26 ARTICLE 13 VACATION Employees covered by this Agreement shall be entitled to annual vacation leave with pay, based on the number of years of service with the City: Employees working forty-hour work weeks Less than 1 year 0 hours 1-4 years 96 hours 5-10 years 144 hours 11 years 192 hours 12 years 200 hours 13 years 208 hours 14 years 216 hours 15 years 224 hours 16 years 232 hours 17 years and over 240 hours For employees working forty-two hour work weeks Less than 1 year 0 hours 1 to 4 years 144 hours 5 to 10 years 216 hours 11 years 288 hours 12 years 300 hours 13 years 312 hours 14 years 324 hours 15 years 336 hours 16 years 348 hours 17 years 360 hours A. No employee shall be entitled to vacation leave without having first completed a full year's employment. Upon completion of one (1) year's employment with the City, an 27 employee who works a forty (40) hour week shall be credited with ninety-six (96) hours of vacation leave; an employee who works a forty two (42) hour week shall be credited with one hundred forty-four (144) hours of vacation leave. Subsequent to the completion of one year's employment,the employee shall accrue vacation leave on a weekly basis. Every employee is to physically take at least one(1) week off annually for vacation. The Police Chief shall make the final decision as to how many employees may be on vacation at the same time. B. Vacation leave accrued,but not used,within any given anniversary period may be carried over and accumulated. Employees working twelve (12) hour shifts may accumulate vacation leave up to a maximum of seven hundred twenty (720) hours. Those employees working eight-hour shifts may accumulate vacation leave up to a maximum of four hundred eighty(480)hours. C. In lieu of taking vacation leave,vacation leave may be cashed in an amount equal to one-half (1/2) of that accrued within the current anniversary period, at the employee's discretion throughout the fiscal year as long as the employee submits the appropriate form to the Police Chief no later than June 1 for payment in the forthcoming fiscal year. The exchange of vacation leave for cash cannot exceed the amount submitted. Payment will not be allowed if the employee fails to submit this form prior to June 1. The amount of compensation shall be determined by using the employee's hourly rate at the time the vacation leave is cashed in. D. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee is entitled to a lump sum payment for any unused portion of accrued vacation leave.The payment shall be determined by using the rate of pay received by the employee at the time of termination. E. For those employees participating in the Platoon System,a day will be considered to be twelve (12) hours. For all other employees covered by this Agreement, a day will be considered to be eight (8)hours. 28 ARTICLE 14 HOLIDAYS The City will recognize the following as paid holidays: New Years Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Day A. If a holiday falls on a Saturday,the holiday will be observed on the Friday before the holiday. If the holiday falls on a Sunday, the holiday will be observed on the Monday following the holiday. B. For those employees participating in the Platoon System, if the actual holiday falls on an employee's off duty day,he shall either receive an additional day's compensation paid at his regular rate of pay or may request a day off to be scheduled with the Chief. The day off must be taken within a twelve(12)month period. C. For those employee's participating in the Platoon System, if the actual holiday falls on an employees on duty day, he shall be compensated at the rate of time and one-half his regular rate of pay for all hours worked on the holiday in addition to his holiday pay. In lieu of receiving his holiday pay,the employee may request a day off, to be administered as a"floating holiday",to occur within a twelve(12)month period. D. In order to be eligible for holiday pay an employee must work both his last scheduled workday before the holiday and the first scheduled work day after the holiday unless the absence is due to compensated leave. 29 E. For those employees participating in the Platoon System, a day shall be considered to be twelve(12)hours. Each employee shall be entitled to four (4) floating holidays with pay per year, which must be taken within their anniversary year. Employees shall not receive pay in lieu thereof. Floating holidays shall be scheduled with the approval of the Police Chief. 30 ARTICLE 15 BEREAVEMENT LEAVE A. When a death occurs in the immediate family of an employee,that employee shall be granted bereavement leave without loss of pay as follows: up to three(3)days within Florida and up to five(5)days outside of Florida. The employee must provide proof of death and proof of travel for all five (5) day outside of Florida Bereavement Leave. Additional time may be taken by the employee,with approval of the Police Chief or his DCR,as vacation leave, floating holiday,sick leave,a leave of absence without pay or a day off without pay. B. Immediate family shall mean: spouse,co-habitant,parents,mother-in-law,father- in-law, grandparents, children, grandchildren, brothers, stepbrother, sisters, stepsister, stepchildren, and stepparents of either the employee or spouse. If the employee was raised by someone other than one of the above named,he may request the leave in the event of the death of that individual. C. The City has the right to request a verification of the death. 31 ARTICLE 16 VOTING During a primary,general, or special election, an employee who is registered to vote and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. 32 ARTICLE 17 SENIORITY,LAYOFFS AND RECALL A. The City agrees that seniority shall consist of continuous accumulated paid service with the City and shall be computed from the date of full-time employment as a law enforcement officer. Seniority shall accumulate during leaves of absence due to job related injury, illness, vacation, or paid leave of absence authorized by the DCR. Seniority shall be considered in the scheduling of vacations. In the event of a vacancy in any division, unit, shift, or promotional vacancy, seniority will be given reasonable consideration, but will not be a determining factor. B. In the event of the need for a reduction in the work force employees shall be laid off in inverse order of seniority within their classifications. An employee affected by a lay off shall be entitled to "bump" into a lower classification if the employee is senior to the employee in the lower classification. C. Employees will be recalled in inverse order of lay off provided the employee has the qualifications to perform the job at the time of recall. The City further agrees that no new employees will be hired until all qualified employees who have been laid off for less than twelve (12) months have been given an opportunity to return to work. Employees shall be notified of their recall by letter sent certified mail, return receipt requested, to the address in their official personnel file and shall be given fourteen(14)working days from receipt of the letter to return to work. 33 ARTICLE 18 PROMOTIONS A. Whenever a budgeted promotional vacancy exists in a Sergeant classification and an eligibility list exists, the City shall promote an employee to fill such vacancy within thirty (30)days. If no eligibility list exists at the time a budgeted promotional vacancy occurs,the City shall establish a new eligibility list and fill vacancy within one hundred twenty (120) days of certification of the list by the Police Chief. The budgeted vacancy shall be filled from the new eligibility list. An eligibility list shall remain in effect for a period of one(1) year. This period may be extended if all parties agree in writing during a mutually agreed meeting,date and time if no other applicants are eligible. B. The City will announce promotional examinations at least forty-five (45) days in advance of said examinations, which shall be administered by a Law Enforcement Testing Company or recognized expert, which is mutually agreed to between the City and the FOP The City shall supply for the study material from which the examination is drawn to all employees who are eligible to take the said examination. C. In order to be eligible to take the Sergeant's examination an employee must have a minimum of five(5)years experience as a law enforcement officer with at least the last three (3) one It Near of continuance years sere ice being with the City of Edgewater as a law enforcement officer. A "law enforcement officer" is any individual who is certified by the State of Florida Police Standards and Training Commission as a full-time police officer. D. Employees will be placed on an eligibility list resulting from a certified examination with the following components: 1. Written Test 60% 2. Oral Examinations 40% 34 Employees must score a unweighted/uncurved 70%or higher on the written test to move onto the oral exam. The number of scenario questions will be determined by the testing company as agreed upon in section B. E. Members of the oral board will be appointed by mutual consent of the City and the FOP. The number of board members shall consist of three(3)to five(5)persons who are not members or employees of the City of Edgewater. F. The promotional probationary period shall be six (6) months. The probationary period may be extended no more than ninety(90)days at the discretion of the Police Chief. G. Any employee promoted shall receive a salary increase equivalent to the greater of the minimum salary for that classification as determined by the Police Chief in accordance with City policy. Education points will be awarded to candidates for college courses. Education points will be calculated at %2 point per fifteen (15) credit hours earned. Credits will be capped at one hundred twenty (120) credit hours for four (4) points. An additional one (1) point will be awarded for a Master's degree. Seniority points will be awarded to the officer for time served on the Edgewater Police Department. Seniority points begin accumulating from the date of hire and will be capped at twenty(20)years of service for a total accumulation of four(4) points. One (1) point for every five (5) years served. No fractions will be awarded for time period less than the five(5)year markers. Education and Seniority points will be added after the final exam scores of each candidate have been calculated. 35 The Chief shall have the rule of three (3) as all passing scores shall be ranked and the Chief can pick anyone from the top three(3). J. The Command Staff positions will be an appointed rank within the Edgewater Police Department. The manner of the appointment to be determined in accordance with current City policies and procedures. 36 I ARTICLE 19 BULLETIN BOARD Where City bulletin boards are available, the City agrees to provide space on such bulletin boards for FOP use. Where bulletin boards are not available, the City agrees to allow the FOP to place bulletin boards in locations within the Police Department mutually acceptable to the Police Chief and the FOP. 37 ARTICLE 20 DUES DEDUCTION Upon receipt of a written authorization from an employee covered by this Agreement,the City will deduct from the employee's pay each pay period the amount owed to the FOP for dues. No authorization shall be allowed for collection of fines, penalties or special assessments. The City shall remit monies collected to the Secretary-Treasurer of Florida State Lodge Fraternal Order of Police, 242 Office Plaza, Tallahassee, FL 32032 his or her designee, of the FOP monthly. The City remittance will be deemed correct if the FOP does not give written notice to the City within thirty (30) calendar days of a remittance of its belief that the remittance is incorrect. It shall be the responsibility of the FOP to notify the City Manager or his designee in writing of any change in the amount of dues to be deducted. The City shall have thirty(30)days from receipt of such notice to implement the change. The FOP shall indemnify the City and hold the City harmless against any and all suits, claims, demands and liabilities which arise out of or by reason of any action taken or not taken by the City for complying with any of the provisions of this Article. If there is an amount in excess of what is authorized by this Agreement, the employee affected shall seek recourse with the FOP and not the City. An employee may revoke his authorization for deduction of dues provided the employee gives thirty(30)days written notice to the City and the FOP. Upon receipt of such notification, the City shall terminate dues deduction on the pay period immediately following the expiration of the thirty(30)day notice period. No deduction shall be made from the pay of an employee for any pay period for which the employee's net earnings for that pay period are less than the amount of dues owed. Net 38 earnings shall mean earnings after the required deductions for federal taxes, social security, pensions,credit unions,dental,health,and life insurance. 39 ARTICLE 21 FRATERNAL ORDER OF POLICE REPRESENTATIVE The FOP shall be represented by its President or his designee. It shall be the responsibility of the FOP to notify the City Manager in writing of any change in the FOP designation . A. The FOP employee representative or his designee shall be permitted to attend without loss of pay, the City Council meeting where final action is scheduled to be taken regarding this Agreement. B. When negotiating sessions are held during the regular work day the FOP employee representative, or his designee shall be permitted to attend the meeting without loss of pay so long as it does not cause a manpower shortage or incur the City any overtime to replace the FOP representative. C. The authorized FOP representative and the FOP employee representative or his designee shall be permitted reasonable access for reasonable periods of time to Police Department work locations to handle specific grievances and matters of interpretation of this Agreement. The exercise of such access rights shall not interfere with the functioning of the work place. D. To the extent authorized by law,the City will provide the FOP on an annual basis with a complete roster of the bargaining unit including name,rank,and current pay rate. E. The members of the bargaining unit shall have the right to contribute up to 12 hours of vacation or compensatory time to the FOP Time Pool twice a year(October and April). The Chief of Police or his designee shall have the discretion to grant or deny use of pool time if in his opinion the use of such time shall decrease or limit the conducting of department business. The use of the FOP Time Pool is subject to written approval by the FOP Representative or designee and the Chief of Police or his designee. The request of and use of the FOP Time Pool 40 shall be made by the FOP Representative or designee and shall only be use for FOP business such as attending city meetings, the handling of grievances and the attending of FOP seminars and other State FOPmeetings and conferences. 41 ARTICLE 22 EMPLOYEE-MANAGEMENT COMMITTEE There shall be an employee-management committee consisting of the City Manager, the Police Chief and two members of the Bargaining Unit as determined by the Bargaining Unit members,plus the State FOP Representative. The employee-management committee shall meet as needed on dates mutually agreeable to the participants.Upon proper notification by the FOP a meeting shall be scheduled within fourteen (14) days of said notification. The sole function of the committee shall be to discuss general matters pertaining to employee relations and departmental operations. The committee shall not engage in collective bargaining or resolution of grievances. Employees attending committee meetings outside of scheduled working hours shall not be compensated for the time spent in such meetings. However, if the meetings are held during a committee member's scheduled working hours,the employee shall be allowed to attend without loss of pay. An employee shall notify their supervisor of any meetings to be held during scheduled working hours. 42 ARTICLE 23 INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and that out of such contacts and relationships, questions and complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of, departmental supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. In order to maintain the security of the City and protect the interest of citizens,the parties agree that the City has the right to conduct investigations of citizens complaints and matters of internal security; provided, however, that any investigation/interrogation of any employee covered by this Agreement relative to a citizen's complaint and/or a matter of internal security shall be conducted under the following conditions and in accordance with F.S. 112: A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty,unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to the interrogation. C. The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation and the name of the interrogating officer and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one(1)interrogator at any one(1)time. 43 D. Interrogation sessions shall be for reasonable periods of time and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations shall be held at the headquarters of the Edgewater Police Department if possible. Upon mutual agreement of the parties interrogations may be held in another location. E. The officer who is the subject of the complaint may review the complaint and all statements regardless of form made by the complaint and witnesses immediately prior to the beginning of the investigative interview and any other documentation that is outlined in F.S. 112. If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of, or have contact with, the officer under investigation, only the names and written statements of the complainant and non-incarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the investigative interview. F. Any employee under investigation, other than criminal investigations, shall have the right to be represented by counsel or a FOP representative of their choice, who shall be present at all times during such interrogation. G. The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. Upon request of the law enforcement officer, a copy of any such recording of the interrogation session shall be given to the interrogated officer upon request within 72 hours,excluding holidays and weekends. H. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his rights prior to the commencement of the interrogation. 44 I. No employee shall be ordered to submit to any device designed to measure the truth of his responses during questioning;provided,however,that there shall be no restriction on the right of the employee to submit to such device on a voluntary basis. J. During interrogation the employee shall not be subjected to offensive language or threats of transfer,dismissal or other disciplinary action. The interrogator does not have the right to make a promise of reward as an inducement to answering questions. K. During the interrogation questions shall be limited to the circumstances surrounding the allegations,which are the subject of the investigation. L. Prior to making any public statement regarding any investigation, the City will make every effort to notify the FOP representative of its intent to make such a statements. In return, The FOP members will notify their inetent prior to making any public statements about the city. M. Nothing herein shall contradict or reduce those rights set forth in Part VI,Chapter 112, Florida Statues (the "Law Enforcement Officer's Bill of Rights"), where applicable and as amended from time to time. 45 ARTICLE 24 GRIEVANCE AND ARBITRATION PROCEDURE In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that the following procedure for the resolution of grievances between the parties shall be established and that such procedure shall cover grievances involving the application or interpretation of this Agreement. All grievance or arbitration request shall be presented to the FOP representative prior to processing. Further, nothing contained in this Agreement shall foreclose any employee from discussing a work related problem directly with his immediate supervisor or other departmental officials without the intervention of the FOP, provided that the immediate supervisor or other departmental officials agree to discuss and/or attempt to resolve the matter outside the formal grievance procedure. The City has a right to file a grievance. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, the grievance shall be considered conclusively abandoned. Any grievance not answered by the City or the FOP within the prescribed time limits shall automatically advance to the next higher step. The term "work day" as used in this Article shall mean only Monday through Friday of each week regardless of the grievant's work schedule. Saturdays, Sundays, and holidays shall not be considered workdays even if the grievant is scheduled to work on that day. For the purpose of computing time, the day on which a grievance or reply is filed shall not be counted. Grievances shall be presented in the following manner: 46 Step 1 In the case of a grievance initiated by an employee, the employee shall first take up a grievance with the employee's immediate supervisor within ten(10)work days of the occurrence of the events which gave rise to the grievance or from the date on which the employee became knowledgeable of the cause of action. If the employee was on compensated leave during this time period, the ten (10)workday period shall commence upon the employee's return from such compensated leave. This first step shall be on an informal and oral basis and shall not involve the FOP or any other representative of the employee unless requested by the employee.Any time period may be extended with the consent of all parties. Step 2 Any grievance which cannot be satisfactorily resolved with the immediate supervisor shall be reduced to writing on the proper FOP form, (See Exhibit A) by the FOP or designee and submitted to the Police Chief within ten(10)work days of the day of completion of Step 1, through a representative of the FOP and the employee . The grievance shall be signed by either the employee, or the bargaining agent and shall state: (a)the date of the alleged event that gave rise to the grievance;(b)the specific Article(s)and Section of this Agreement allegedly violated; (c) statement of fact pertaining to or giving rise to the alleged grievance; and (d) the specific relief sought.The Police Chief shall discuss the grievance with the employee the FOP at the employee's option and within ten (10) workdays render his decision in writing. Any time period may be extended with the consent of all parties. Step 3 Any grievance which cannot be satisfactorily settled with the Police Chief shall be submitted in writing to the City Manager within ten (10) workdays after completion of Step 2. Within ten (10) workdays of receipt by the City Manager, the grievance shall be discussed by the City Manager with the employee or the employee and the FOP. The City Manager shall within ten(10)work days after this discussion,render his decision in writing with 47 a copy to the employee and the FOP. Any time period may be extended with the consent of all parties. Step 4 In the event the grievance cannot be resolved with the City Manager, , FOP or the City may within ten(10)work days after the City Manager renders a written decision request that the grievance be submitted to arbitration.The arbitrator may be any impartial person mutually agreed upon by the parties. However, in the event the parties are unable to agree upon an impartial arbitrator within ten (10) work days after the grievance is submitted to arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option of striking three (3) names in alternating fashion, thus leaving the seventh who shall be the arbitrator. The party filing the grievance shall make the first strike. The City and FOP shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing. The arbitrator shall confine his decision to the grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2. The arbitrator shall fashion an appropriate remedy for any violations of the provisions contained in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is not a grievance as defined in this Agreement, nor shall this Agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically 48 provided herein. The arbitration hearing shall be conducted in accordance with the Rules of Procedure promulgated by the Federal Mediation and Conciliation Service. Consistent with the provisions of Chapter 447, Florida Statutes, it is mutually acknowledged and agreed that this Agreement shall be administered within the amounts appropriated by the City Council for funding of this Agreement. Accordingly, and notwithstanding any other provision of this Agreement, the arbitrator shall have no authority, power, or jurisdiction to construe any provision of law, statute, ordinance, resolution, rule or regulation or provision of this Agreement to result in,obligate, or cause the City to have to bear any expense, debt, cost, or liability which would result directly or indirectly in the City exceeding the amounts initially appropriated and approved by the City Council for the funding of this Agreement as agreed upon by the parties. Any such award, which contravenes or is not in compliance with the provisions of this paragraph,shall be null and void. Each party shall bear the expense of its own witnesses and of its own representatives for the purpose of the arbitration hearing. The impartial arbitrator's fee and related expenses, if any, shall be divided equally between the parties. Any party desiring a transcript must pay the cost unless both parties mutually agree to share the cost. Copies of the arbitrator's award shall be furnished to both parties within thirty(30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on both parties unless an appeal is filed within forty-five(45)days in a court of competent jurisdiction of the rendition of the decision. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee or the grievance is directly between the FOP and the City, such grievance shall be presented by the FOP in writing directly to the City Manager within ten(10)work days after the occurrence of the event. 49 ARTICLE 25 RULES AND REGULATIONS The FOP shall be provided with one (1) copy of any rules, regulations, policies, or standard operating procedures, which replace or add to the City's and/or the Police Department's present rules,regulations,policies,or procedures. Prior to implementing any change in rules, regulations, policies or standard operating procedures the FOP shall be provided with a copy of the proposed change and given an opportunity to submit written comments. Any written comments submitted by the FOP within ten (10) calendar days shall be considered by the City. Nothing herein shall be construed to restrict the City's right to implement any such changes or revisions. 50 ARTICLE 26 PENSION PLAN The City shall provide a pension plan with all contributions to it paid by the City except the employee's contribution as required by Florida law. The pension plan shall be selected in accordance with Chapter 185, Florida Statutes, and with any additions agreed to by the City Council and the Police Pension Board. 51 ARTICLE 27 UNIFORMS AND EQUIPMENT The City agrees to provide approved clothing and equipment to the Bargaining Unit members upon employment. The City further agrees to replace/repair issued clothing and equipment damaged due to normal wear and tear or resulting from the performance of assigned duties. Personal property required in the line-of-duty,which is damaged or destroyed during the performance of such duty, shall be replaced by the City. All replacements must be approved by the Police Chief and will be furnished to the Bargaining Unit member within thirty(30)days of approval. Bargaining Unit members shall be required to maintain the clothing and equipment identified in this Article in an acceptable condition as prescribed by the Policy and Procedures Manual for the City of Edgewater Police Department. All assigned uniforms and equipment shall be returned to the City in the event of separation of employment. Sworn officers who are required to wear non-issue clothing in the course of their employment shall receive a clothing allowance of six hundred($600)dollars annually,to be paid in two installments (October and April). These amounts will be prorated for those who wear uniforms and non-issue clothing in the course of employment. The City shall be responsible for the cleaning of the uniforms/clothing issued to the employees. 52 ARTICLE 28 EDUCATION The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, improving the quality of service rendered to the public, aiding employees to equip themselves for greater responsibilities and advancement to higher positions when available. A. The City shall assume financial responsibility for tuition, books and transportation for a course required as a condition of continued employment. If the employee does not satisfactorily complete the course, he may re-enroll at his expense, and take such course on his own time. Then if the employee does not satisfactorily complete the course, he may be terminated from the position. If an employee requests to take an enrichment course, upon prior approval by the Police Chief and the City Manager for enrollment, the employee will receive reimbursement for 50%of the tuition. If it is recommended that an employee take an enrichment course, upon prior approval by the Police chief and the City Manager for enrollment, the employee will receive reimbursement for 75%of the tuition. All reimbursements will be subject to satisfactory completion of courses. If an employee remains in the City's employment for two (2)years after successful completion of the course,they will not be obligated to reimburse any of the course expense. Employees will be obligated to reimburse the City of course expenses if they leave the employment of the City as follows: Less than 6 months after successful completion of course = 100% 6-12 months after successful completion of course = 75% 12-18 months after successful completion of course = 50% 18-24 months after successful completion of course = 25% 53 B. Employees will notify the Police Chief through proper channels of a desire to attend such courses. The Chief, in turn, may arrange scheduling of shifts so as to allow an employee to attend. C. Attendance shall be determined by the Police Chief after considering the needs of the department and the seniority of employees. D. Any employee covered hereunder may be given educational leave for the purpose of taking courses or attending conferences and/or seminars directly related to the employee's work as determined and approved by the Police Chief and the DCR. An employee granted educational leave with full pay shall be entitled to receive all City benefits in the same manner as if he were on active duty during the period of the leave, excluding overtime provisions. Entitlement to benefits for employees on partially compensated or uncompensated educational leave shall be determined by the Police Chief and the DCR. F. Employees ho receive certification or completion of specific courses shall he eligible to receive monthly educational incentive pay' in the amount of$25 per month. for each level of education completed. Only one (l) $25 incentive pay yyill he offered for each level. despite the number of courses completed in that level. An employee can receive a maximum eli;ibility of $100 a month for incentives and only for classes or certifications that are not required for the employee's current job description. F. hhe appropriate and/or adjusted educational incentive pay' shall commence on the first pay period of the month following notification to the Personnel Department that the employee has successfully completed the course. Successful completion shall be defined as: attending the course. receiving. a passing grade on any/all test(s) and receiving a certificate of completion. Re-certification is required for those classes requiring it. to maintain incentive pay. 54 G. the Police Department assigned personnel will be responsible for maintaining employee achievement records and providing the incentives due each employee to the Personnel Department. based upon the certifications received as identified in the chart below. Level I Lev el 2 Level 3 Level 4 Level 5 Traffic Homicide Traffic I lomici de Field Irainin g Il tfc Accident RADAR Operator Investigator Investi"tor Officer Reconstruction (Basics (Advanced) Breath lest Non-High Interviews and Operator and Instructor Liability high Liability Interrogations Agency Inspector Techniques Specialized Instructors j(omhinedl (General) Instructions C IT Training(41) Street Crimes Set Crimes Police Supervision Dru.Reco gnition hour course only( I?niorcement Investigation I::'spert General Crime Officer Sury-ival I lostace Scene Advanced I Eostage Ca,,A Operator Course Negotiations Investigation Negotiations Levels 1-3 require successful completion of at least one of the listed classes. Levels 4-5 require successful completion of at least two of the listed classes. H. If an officer is receivine State Salary Incentive compensation. for an of the listed course. he/she w ill not receive additional incentive pay from the City. 55 ARTICLE 29 TRAINING All sworn officers will be required to train and qualify with their firearms on a semi- annual basis. The training will be conducted by a certified firearms instructor. All ammunition used for this purpose will be furnished by the City. Any employee required to attend such training during his off duty hours shall be compensated in accordance with Article 6,Hours of Work and Overtime. The City agrees to make every effort to promote classroom type and/or on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. When the City requires an employee to attend supervisory training and/or training in specialized police techniques, the City will make every reasonable effort to schedule such training during the employee's normal working hours. In the event the City is unable to schedule the employee to attend such training during his normal working hours, the time spent by the employee in such training during his off-duty hours shall be compensated in accordance with Article 6,Hours of Work and Overtime. Employees promoted to a higher rank will receive appropriate training during the probationary period. This Article shall not apply to any training required by the Florida Police Standards Board to obtain Police Officer Certifications for the purpose of employment with the Department or for the purpose of re-certification. 56 Salary incentive courses may be taken during on-duty time as staffing allows, without loss of time or pay to the effected employee,and at the discretion of the Police Chief. A Fitness Assessment for existing and future officers may he pros ided using the below Modified Cooper Physical Standards for Law Enforcement chart. 1 IIESE S IANDARDS ARE; AI HIE 40"1 PERC E.NIILL WHICH IS TIii; NAIIONAI. STANDARD FOR ACCLPLANCE IN LAW ENFORCEMENT TRAINING ACADEMIES, ONE MINGLE SIT UPS • I he officer lies on his:her hack, knees bent, heels flat on the floor. hands behind head and ith a partner holding the feet down, then does as many sit-ups in correct form as possible in one minute. • In the "up- position_ officers must touch their elbows to their knees, and both shoulders must touch the surface in the "down- position. The up position is the only rest position al lo«ed. MALES AGE 20-29 30-39 40-49 50-59 NE EMBER 38 35 29 24 FEMALES AGE 20-29 30-39 40-49 50-59 NUMBER 2 25 20 14 ONE MINUTE PUSH IJPS • t he officer starting in the "up- position o here the hands are placed ahout shoulder w idth apart. elbows bills extended. lees and hack are kept straight. and knees off the around at all times, and lower him/her self until their chest is approximately -3- inches from the surface thus completing one repetition. • The only rest position allowed is arching the hack upward. • No hands or feet shall he mooed off the surface while conducting the went. Qualified trainers shall be responsible for the score of correct push-ups. MAILS AGE 20-29 30-39 40-49 50-59 NUMI3FR 29 24 18 13 FEMAI 1.5 AGE 20-29 30-39 40-49 50-59 57 I I NUMBER 15 II 9 N/M 300 MF:IER RUN MALLS AGE 20-29 30-39 40-49 50-59 TIME 0:59 :04 1:12 1:23 IIN1AI [S I AGE 20-29 30-39 40-49 50-59 I TIME HI I 1:19 1:34 Niel 58 ARTICLE 30 WAGES For the fiscal year 2011 2012-2013, all eligible employees shall receive a 2%increase in their hourly rate of pay. Employees are not eligible for this increase until they have been deemed a regular employee. In the event that retroactive pay is provided as a result of timely ratification by the bargaining unit members, only those hours actually worked shall be eligible for retroactive pay. No retroactive pay shall be paid for any other compensation, including any pay as a result of sick or vacation leave cash in pursuant to Article 12 or 13. If the City voluntarily negotiates an across the board wage increase for fiscal year 2011 2012-2013 for members of any other bargaining unit with a percentage of increase for hourly rate of pay which exceeds rate as set forth in this agreement, all eligible employees of this agreement shall be granted equal to the same improvement. -. I .. • -- . .. .. _ . _ . .. . .. .. . . • .! • • • , • • - . . .. . - . For fiscal year 2011 2012-2013 only, the City agrees to implement the FY-1-1-7L12%13 hourly rates set forth in Exhibit A. Although the City agrees to make reasonable efforts to implement the rate changes set forth in Exhibit A in subsequent years, any increases or implementation in subsequent years must be mutually bargained for by the parties, and there is no guarantee requiring the City to fund or implement hourly rates for any additional years beyond fiscal year 2011 2012-2013. 59 ARTICLE 31 PROBATIONARY PERSONNEL All new fulltime sworn police personnel shall serve a probationary period of one(1)year from date of hire. All new administrative personnel shall serve a probationary period of six (6) months from date of hire. At the completion of the probationary period, the City will provide a Personnel Action Form indicating either satisfactory completion, probationary extension or termination. The probationary period may be extended no more than ninety (90) days upon mutual consent between the Police Chief, Personnel Director, or the City Manager and the employee. At the completion of the extended probationary period, the City will provide a Personnel Action Form indicating either satisfactory completion or termination. New hires will not be eligible for the annual increases nor will they be eligible to use vacation until they have been deemed regular employees. Due to the emergency management and administrative type positions held by those covered under this agreement,. nNew hires will be eligible to use floating holidays upon six(6) months service and will only be entitled to use sick leave after completion of three (3)months of service and under extraordinary circumstances authorized by the Police Chief. 60 ARTICLE 32 ASSIGNMENT COMPENSATION In the event that the Police Chief determines that there is a need to temporarily fill a regularly budgeted vacant position with an employee from a lower classification,and there exists no current eligibility list relative to the budgeted position, with the approval of the DCR, the Police Chief may select an employee from a lower classification to temporarily fill such budgeted position. If the employee selected for the temporary position is not selected for the regular position,this employee shall be returned to the previous classification and pay rate. An employee who is temporarily assigned to a position of higher rank for forty-two (42) hours or more shall be compensated at a rate equivalent to the greater of the minimum salary for that classification or five(5)percent above his current salary from the first day of assignment. Employees,who at the Chief's discretion,are qualified,eligible and receive the following assignments shall receive monthly assignment pay as established below: 4-Primary Field/Shift Training Officers $90.00 per month 4-Alternate Field/Shift Training Officers $90.00 per month when activated Evidence Officer $90.00 per month Detective $120.00 per month Motorcycle Officer $150.00 per month K-9 Officer $150.00(etTectice Dec. 2011) 61 ARTICLE 33 TAKE HOME VEHICLE 1. The City, in recognition of police officers first responder status and the heightened level of concern and awareness to homeland security,as well as the enhanced response time to critical incidents, i.e.,hurricanes,floods,tornados,wild fires,etc. shall endeavor to provide all police officers with take home vehicles in order to effect the expeditious response,fully equipped,directly to the areas of need. Take home vehicles shall be governed by Edgewater Police Department Policy and Procedure Directive 10.16.1 through 10.16.45. 2. Assignment of a vehicle shall be considered a privilege and not a right.The City reserves the right to suspend and/or remove this privilege for legitimate financial reasons or for misuse of the vehicle.If the privilege is suspended or removed for legitimate financial reasons or misuse of the vehicle,said decision shall not be subject to the grievance procedure of this Agreement. If the privilege is removed as disciplinary measure unrelated to the use of the vehicle,the employee may file a grievance pursuant to the grievance procedure in this Agreement. 3. The initial assignment of vehicles will be considered based on seniority-assignment with residency within the RCC(Regional Communication Center)District cit'. limits of kdge'.satcr.New Smy rna 13each and Port Change to include the unincorporated areas. Supervisors will have their residency requirement extended to include all of Volusia Comm. 62 ARTICLE 34 ALCOHOL AND DRUG POLICY A. The City and the FOP recognize that drug and alcohol abuse is a growing problem within our nation's work force. The parties also recognize the tremendous cost, both in terms of efficiency and in human suffering, which drug and alcohol abuse may cause. Substance and alcohol abuse by employees of the City may have an adverse impact on City government, operations, and the health, welfare, and safety of City employees and the general public. Acknowledging the necessity for action, the following Alcohol and Drug Testing Program is hereby initiated for all employees. B. The City prohibits all employees from: 1. Selling any drug, including alcohol or prescription drugs, whether on or off-duty,unless the employee is legally entitled to sell the substances in question. 2. Except in the line of duty, possessing any alcoholic beverage or unlawful drug while on-duty or on City property at any time. 3. Using any controlled substance not prescribed for the employee by a physician or alcoholic beverage, which may adversely affect job performance. This may include both use while on-duty and use while off-duty, which can adversely affect on-duty performance. 4. Reporting to work with the presence of illegal drugs or alcohol in the body system, which is equal to or exceeds the cutoff detection levels established pursuant to Chapter 440,Florida Statutes. 63 C. The DCR and the Police Chief, in accordance with the Drug Free Workplace Policy, shall have the authority to require employees to submit to testing, as recognized and acceptable by FDLE, designed to detect the presence of any controlled substance, narcotic drug, or alcohol. When an employee is required to submit to such testing it shall be limited to those circumstances which indicate that reasonable cause/suspicion exists that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of City personnel rules regarding the use or possession of such substances. D. In the event the City requests that an employee submit to testing and the employee chooses not to submit to such tests, this refusal shall be grounds for appropriate disciplinary action. E. An employee who must use a prescription drug which the employee has been advised will or which the employee may reasonably expect to cause adverse side effects such as, drowsiness, impaired reflexes, or reaction time shall inform the Police Chief that he is taking such medication on the advice of a physician and of the possible side effects of the drug and expected duration of use. F. In the event the City requests that an employee submit to drug or alcohol tests,the cost of such test shall be paid by the City and the employee shall be entitled to have the FOP present so long as it does not reasonably delay said test. G. Employees required to take regularly scheduled physical examinations may have included as part of the examination a test for alcohol or drugs. H. Employees with job performance or attendance problems shall bear the primary responsibility to seek diagnostic and appropriate treatment for such problems. In the event an employee seeks assistance and treatment for an alcohol or drug-related problem, the following shall apply. An employee may be granted a one-time leave of absence without pay, not to 64 exceed sixty (60) days, to undergo treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. The request must be voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. I. The result of any drug or alcohol test shall be considered a medical report and shall be deemed confidential pursuant to Florida law. J. Decisions of an arbitrator under this Article shall be limited to a determination of whether there existed reasonable cause/suspicion to activate the provisions of this Article. If this issue is determined in the employee's favor,he shall be reinstated. K. The circumstances constituting reasonable cause/suspicion shall be set forth in writing and signed by the person initiating the allegation before the provisions of this Article shall apply,and shall be given to said employee. 65 ARTICLE 35 SEVERABILITY CLAUSE Should any provision of this collective bargaining agreement or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by a decree of a court of competent jurisdiction,all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree that they shall meet within thirty(30)days of the date when the contract provision was determined invalid,in order to negotiate a replacement provision. 66 ARTICLE 36 SAVINGS CLAUSE The Agreement will not deprive any employee of any benefits or protection granted by the laws of the State of Florida,the ordinances of the City of Edgewater,the personnel rules and regulations of Edgewater or its Police Department Rules and Regulations. 67 ARTICLE 37 ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement embodies the whole understanding of the parties. There are no promises,terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties hereto. 68 ARTICLE 38 NOTICES All notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail,return receipt requested,and addressed as follows: If to City: With a Copy to: City Manager City Attorney City of Edgewater City of Edgewater P.O.Box 100 P.O.Box 100 Edgewater,FL 32132-0100 Edgewater,FL 32132-0100 If to Fraternal Order of Police: With a Copy to: FOP Represenative FOP Employee Representative c/o Edgewater Police Dept. P.O.Box 165 City of Edgewater Scottsmoor,FL 32775 P.O.Box 100 Edgewater,FL 32132-0100 69 ARTICLE 39 DURATION OF AGREEMENT This Agreement shall take effective upon ratification by the parties,and shall continue in full force and effect until midnight of September 30,20-1-2 2015. This Agreement contains the entire agreements of the parties relative to wages, working conditions,and all other matters which have been or could have been negotiated by and between the parties prior to execution of this Agreement. Neither party shall be permitted to reopen or renegotiate this Agreement for fiscal year 2009 2010 2012-2013; provided, however, that either party may reopen the Agreement for the limited purpose of negotiating Wages and three (3) other Articles for fiscal year 2010 2011 2013-2014and Wages and three (3) other Articles for fiscal year 2011 2012.2014-2015 If a party reopens this Agreement for said limited purposes in either fiscal year 2010.20112013-2014 or 2011 20122014-2015,the other party shall be entitled to present three(3)Articles for negotiations. Upon mutual consent anytime during the term of this Agreement,the parties may agree to reconsider any provision of this Agreement. Such consent shall not be unreasonably withheld by either party. 70 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. FOP ATTEST: By: George Hachigian Staff Representative Dated: CITY COUNCIL OF THE CITY ATTEST: OF EDGEWATER,FLORIDA By: Bonnie Wenzel Michael Thomas City Clerk Mayor Dated: APPROVED FOR FORM AND CORRECTNESS: Aaron Wolfe, Labor Attorney 71 1J1fL11'A 1 V Chili Jr1A,CAAV o J A v L A 09-30-2012 Current Current Proposed Suggested Current Rate Band Grade Rate Difference FY10/11 FY11/12 Hrly 11/12 FY12/13 Step Increase FY13/14 FY14/15 Nastase $ 15.64 III 6 $ 15.64 $ - Suggested Rate $ 15.64 $ 15.95 $ 16.27 $ 16.60 $ 16.93 Swindell $ 13.77 III 6 $ 11.19 $ 13.77 Suggested Rate $ 11.19 $ 11.41 $ 11.64 $ 11.87 $ 12.11 Soltz $ 11.40 IV 8 $ 12.21 $ 0.81 $ 11.57 $ 11.97 $ 12.21 $ 12.38 $ 0.17 $ 12.80 $ 13.22 Suggested Rate $ 12.21 $ 12.45 $ 12.70 $ 12.96 $ 13.22 Petropoulos $ 13.00 IV 8 $ 12.21 $ 13.00 $ 13.27 $ 13.00 $ 13.54 $ 0.54 $ 13.82 $ 14.10 Suggested Rate $ 12.21 $ 12.45 $ 12.70 $ 12.96 $ 13.22 Grenham $ 18.72 VI 9 $ 18.72 $ - Suggested Rate $ 18.72 $ 19.09 $ 19.48 $ 19.87 $ 20.26 Arcieri Salary XI E-5 Salary Suggested Rate Sgt's Huggins $ 20.61 VIII P-2 $ 23.02 $ 2.41 $ 21.38 $ 22.18 $ 22.62 $ 23.02 $ 0.40 $ 23.88 $ 24.78 Suggested Rate $ 23.02 $ 23.48 $ 23.95 $ 24.43 $ 24.79 Hazelwood $ 21.06 VIII P-2 $ 23.02 $ 1.96 $ 21.45 $ 22.18 $ 22.62 $ 23.02 $ 0.40 $ 23.88 $ 24.79 Suggested Rate $ 23.02 $ 23.48 $ 23.95 $ 24.43 $ 24.79 Rash $ 20.29 VIII P-2 $ 20.75 $ 0.46 $ 20.70 $ 21.13 $ 21.17 $ 21.56 $ 0.39 $ 22.00 $ 22.45 Suggested Rate $ 20.75 $ 21.17 $ 21.59 $ 22.02 $ 22.44 DeRosa $ 19.97 VIII P-2 $ 19.97 $ - $ 19.97 $ 20.37 $ 19.97 $ 20.78 $ 0.81 $ 21.19 $ 21.62 Suggested Rate $ 19.97 $ 20.37 $ 20.78 $ 21.19 $ 21.62 Mahoney $ 19.97 VIII P-2 $ 19.97 $ - $ 19.97 $ 20.37 $ 19.97 $ 20.78 $ 0.81 $ 21.19 $ 21.62 Suggested Rate $ 19.97 $ 20.37 $ 20.78 $ 21.19 $ 21.62 Officers Mumpower $ 20.14 VI P-1 $ 21.65 $ 1.51 $ 20.76 $ 21.39 $ 21.82 $ 22.05 $ 0.23 $ 22.72 $ 23.42 Suggested Rate $ 21.65 $ 22.08 $ 22.52 $ 22.98 $ 23.43 Gintz $ 17.24 VI P-1 $ 20.05 $ 2.81 $ 18.05 $ 18.90 $ 19.28 $ 19.79 $ 0.51 $ 20.72 $ 21.69 Suggested Rate $ 20.05 $ 20.45 $ 20.86 $ 21.28 $ 21.70 Miles $ 17.37 VI P-1 $ 20.05 $ 2.68 $ 18.16 $ 18.98 $ 19.36 $ 19.84 $ 0.48 $ 20.75 $ 21.69 Suggested Rate $ 20.05 $ 20.45 $ 20.86 $ 21.28 $ 21.70 Bell $ 17.66 VI P-1 $ 18.45 $ 0.79 $ 17.82 $ 18.35 $ 18.72 $ 18.88 $ 0.16 $ 19.43 $ 19.99 Suggested Rate $ 18.45 $ 18.82 $ 19.20 $ 19.58 $ 19.97 Achterberg $ 14.65 VI P-1 $ 17.64 $ 2.99 $ 15.45 $ 16.28 $ 16.61 $ 17.17 $ 0.56 $ 18.10 $ 19.08 Suggested Rate $ 17.64 $ 17.99 $ 18.35 $ 18.72 $ 19.09 Soltz $ 14.36 VI P-1 $ 17.24 $ 2.88 $ 15.13 $ 15.95 $ 16.27 $ 16.80 $ 0.53 $ 17.71 $ 18.66 Suggested Rate $ 17.24 $ 17.58 $ 17.94 $ 18.30 $ 18.66 Adams $ 13.68 VI P-i $ 16.84 $ 3.16 $ 14.49 $ 15.34 $ 15.65 $ 16.25 $ 0.60 $ 17.21 $ 18.22 Suggested Rate $ 16.84 $ 17.18 $ 17.52 $ 17.87 $ 18.23 Selvaggio $ 13.02 VI P-1 $ 16.44 $ 3.42 $ 13.86 $ 14.75 $ 15.05 $ 15.71 $ 0.66 $ 16.72 $ 17.80 Suggested Rate $ 16.44 $ 16.77 $ 17.10 $ 17.45 $ 17.80 Harris $ 12.64 VI P-1 $ 16.04 $ 3.40 $ 13.47 $ 14.35 $ 14.64 $ 15.29 $ 0.65 $ 16.29 $ 17.35 Suggested Rate $ 16.04 $ 16.36 $ 16.69 $ 17.02 $ 17.36 Raver $ 12.64 VI P-1 $ 16.04 $ 3.40 $ 13.47 $ 14.35 $ 14.64 $ 15.29 $ 0.65 $ 16.29 $ 17.35 Suggested Rate $ 16.04 $ 16.36 $ 16.69 $ 17.02 $ 17.36 Lawler $ 12.64 VI P-1 $ 16.04 $ 3.40 $ 13.47 $ 14.35 $ 14.64 $ 15.29 $ 0.65 $ 16.29 $ 17.35 Suggested Rate $ 16.04 $ 16.36 $ 16.69 $ 17.02 $ 17.36 Anderson $ 12.27 VI P-1 $ 15.64 $ 3.37 $ 13.09 $ 13.96 $ 14.24 $ 14.88 $ 0.64 $ 15.87 $ 16.93 Suggested Rate $ 15.64 $ 15.95 $ 16.27 $ 16.60 $ 16.93 Snyder $ 12.27 VI P-1 $ 15.64 $ 3.37 $ 13.09 $ 13.96 $ 14.24 $ 14.88 $ 0.64 $ 15.87 $ 16.93 Suggested Rate $ 15.64 $ 15.95 $ 16.27 $ 16.60 $ 16.93 Tarr $ 12.27 VI P-1 $ 15.28 $ 3.01 $ 13.02 $ 13.83 $ 14.11 $ 14.68 $ 0.57 $ 15.58 $ 16.54 Suggested Rate $ 15.28 $ 15.59 $ 15.90 $ 16.22 $ 16.54 Geiger $ 12.27 VI P-1 $ 15.28 $ 3.01 $ 13.02 $ 13.83 $ 13.83 $ 14.68 $ 0.85 $ 15.58 $ 16.54 Suggested Rate $ 15.28 $ 15.59 $ 15.90 $ 16.22 $ 16.54 Wetherell $ 12.27 VI P-1 $ 15.28 $ 3.01 $ 13.02 $ 13.83 $ 13.83 $ 14.68 $ 0.85 $ 15.58 $ 16.54 Suggested Rate $ 15.28 $ 15.59 $ 15.90 $ 16.22 $ 16.54 Polizzi $ 12.27 VI P-1 $ 15.28 $ 3.01 $ 13.02 $ 13.83 $ 13.83 $ 14.68 $ 0.85 $ 15.58 $ 16.54 Suggested Rate $ 15.28 $ 15.59 $ 15.90 $ 16.22 $ 16.54 Gaboury $ 12.27 VI P-i $ 15.28 $ 3.01 $ 13.02 $ 13.83 $ 13.83 $ 14.68 $ 0.85 $ 15.58 $ 16.54 Suggested Rate $ 15.28 $ 15.59 $ 15.90 $ 16.22 $ 16.54 Webb $ 12.27 VI P-1 $ 15.28 $ 3.01 $ 13.02 $ 13.83 $ 13.83 $ 14.68 $ 0.85 $ 15.58 $ 16.54 Suggested Rate $ 15.28 $ 15.59 $ 15.90 $ 16.22 $ 16.54 Conyers $ 12.27 VI P-i $ 15.28 $ 3.01 $ 13.02 $ 13.83 $ 13.83 $ 14.68 $ 0.85 $ 15.58 $ 16.54 Suggested Rate $ 15.28 $ 15.59 $ 15.90 $ 16.22 $ 16.54 Bums $ 12.27 VI P-1 $ 15.28 $ 3.01 $ 13.02 $ 13.83 $ 13.83 $ 14.68 $ 0.85 $ 15.58 $ 16.54 Suggested Rate $ 15.28 $ 15.59 $ 15.90 $ 16.22 $ 16.54 Reserves and Victim Advocate Victim Advocate Contract V 10 Contract Suggested Rate Unfilled $ 12.27 VI P-1 $ 15.28 Suggested Rate Stone $ 20.15 VI P-1 $ 20.15 Suggested Rate Proposed Pay Grades Minimum Maximum P-1 $ 15.28 $ 24.04 ^ 4 10 07 : 29.96 AGENDA REQUEST Date: September 13, 2012 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS September 24, 2012 ITEM DESCRIPTION: Ratification of Edgewater Professional Firefighters International Association of Fire Fighters (IAFF) Lieutenants Union Agreement. BACKGROUND: In July 2008, the Florida Public Employees Relations Commission certified the Edgewater Firefighters collective bargaining Union. From the initial negotiation meeting in August 2008 through the final meeting held September 2012, the "City" and "Union" have diligently met to develop the first Lieutenant Agreement. The goal was to mirror as closely as possible the City Personnel Policies and Procedures, which they are currently covered under, along with the Firefighter/Driver Engineer, General and Police employee's union agreements. The results of hard work and comprises on both parties, concluded in a successfully finalized agreement. Labor counsel, Aaron Wolfe, has reviewed this agreement. The bargaining unit ratified the proposed agreement. STAFF RECOMMENDATION: Staff recommends the City Council approve the Edgewater Professional Firefighters IAFF Lieutenant Agreement as negotiated and presented, effective October 1, 2012, expiring September 30, 2013. ACTION REQUESTED: Motion to approve the October 1, 2012 — September 30, 2013 Edgewater Professional Firefighters IAFF Lieutenant Agreement for the fiscal year 2012-2013. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: Donna Looney Robin L. Matusick Personnel Director Paralegal •, 4 /4 racey . arlow City : ager COLLECTIVE BARGAINING AGREEMENT FOR LIEUTENANTS CITY OF EDGEWATER AND EDGEWATER PROFESSIONAL FIREFIGHTERS IAFF LOCAL 4575 10/01/2012 through 9/30/2013 TAFF Agreement-Lieutenants 10/1/20I 12012-9/30/2013 1 1RDL 3-2-1-24-14 9.13.2012 TABLE OF CONTENTS Article 1—Preamble 3 Article 2—Recognition 4 Article 3—Management Rights 5 Article 4—Non-Discrimination 8 Article 5—Prohibition of Strikes and Lockouts 9 Article 6—Grievance and Arbitration Procedure 10 Article 7—Dues Deduction 13 Article 8—Employee Management Committee 14 Article 9—Probation 15 Article 10—Union Business 16 Article 11 —Personnel Records 17 Article 12—Temporary Assignment to a Higher Position 18 Article 13—Promotions 19 Article 14—Shift Exchanges 22 Article 15—Seniority,Layoffs,and Recall 23 Article 16—Interrogation and Discipline 24 Article 17—Bulletin Boards 25 Article 18—Voting 26 Article 19—Leave of Absence 27 Article 20—Sick Leave 28 Article 21—Hours of Work and Overtime 29 Article 22—Holidays 31 Article 23—Bereavement Leave 32 Article 24—Vacation 33 Article 25—Uniforms and Equipment 35 Article 26—Insurance 36 Article 27—Injuries/Light Duty Assignment 37 Article 28—Physical Fitness/Health 38 Article 29—Wages 40 Article 30—Rules and Regulations 41 Article 31 —Alcohol and Drug Testing 42 Article 32—Education Reimbursement and Incentives 43 Article 33—Entire Agreement/Duration 46 Article 34—Mileage... 47 Article 35—Severability/Savings 48 Signage Page 49 Appendix"A" 50 IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 I I RDL 8-3-124 12 9.13.2012 2 ARTICLE 1 -PREAMBLE 1.1 This Agreement is entered into by the City of Edgewater, Florida, hereinafter referred to as the "City," and the Edgewater Professional Firefighters, IAFF, Local 4575, hereinafter referred to as the"Union." 1.2 The term "Designated City Representative" or "DCR" used herein shall mean the City Manager or the representative designed by the City Manager. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 1 113 )1 84+24-14 9.13.2012 3 ARTICLE 2-RECOGNITION 2.1 Pursuant to a certification issued by the Florida Public Employees Relations Commission (RC 2007 0222008-012), the City recognizes the Union as the exclusive collective bargaining representative for employees in the following classifications: INCLUDED:All employees in the classification of Lieutenant Fire Marshal EXCLUDED:Fire Chief,Captain, —Driver Engineer, Firefighter, Volunteer Firefighter and all other employees of the City of Edgewater. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 T 113DL 8-242-1--1-2 9.11 2012 4 ARTICLE 3—MANAGEMENT RIGHTS 3.1 The City reserves and retains all rights, powers, prerogatives and authority customarily exercised by management, except as expressly limited or modified by a specific provision of this Agreement. 3.2 The Union and the employees covered under this Agreement recognize and agree that the City has the sole and exclusive right, except as specifically provided for in this Agreement, to manage and direct any and all of its operations. Accordingly, the City specifically, but not by way of limitation,reserves the sole and exclusive right to: A. Determine the scope of the service, purpose and organizational structure of the Fire Department; B. Exercise control and discretion over the organization and efficiency of operations of the Fire Department; C. Set minimum performance standards for service to be offered to the public, including physical performance standards, and set procedures and standards to evaluate employees'performance; D. Change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work, funds,or other legitimate reasons that may arise; E. Determine the location,methods,means and personnel by which operations are to be conducted; determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; F. Change,formulate,or modify duties, tasks, responsibilities or job descriptions, so long as the duties, tasks, and/or responsibilities remain within the generic scope of fire/rescue services,and to formulate and/or amend job descriptions consistent therewith; G. Transfer, assign, schedule employees in positions within the organizational structure of the Fire Department; H. Change or modify the number, and types, and grades of positions assigned to an organization, unit, division, department, or project; increase, expand, reduce, alter, combine,assign,or cease any position or duties of a position; L Hire, examine, classify and/or otherwise determine the criteria, qualifications and standards of selection for employment; IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 11 11D1 8-2424 12 0.13 2012 5 J. Lay off employees from duty due to lack of work or lack of funding or any other legitimate managerial reason that may arise not in conflict with a specific Article in this Agreement; K. Determine all training parameters for all City positions, including persons to be trained and the nature,extent and frequency of training; L. Merge, consolidate, expand, curtail, transfer, or discontinue any service existing now or in the future, temporarily or permanently, in whole or in part, in the sole discretion of the City; M. Fire, demote, suspend or otherwise discipline employees in accordance with this Agreement; N. Control the use of equipment and property of the City and determine the number and classifications of employees assigned to any shift,station or piece of equipment; O. Determine the maintenance procedures, materials,facilities, and equipment to be used, and introduce new or improved services, maintenance procedures, materials, facilities and equipment; P. Take whatever action may be necessary to carry out the mission and responsibility of the City in unusual and/or emergency situations; Q. Exercise all management rights and prerogatives as determined by the Public Employees Relations Commission, and the state and federal courts of competent jurisdiction. 3.3 The above rights of the City are not all-inclusive,but indicate the type of matters or rights which belong to and are inherent in the City in its general capacity as management. Any of the rights, powers, and authority that the City had prior to entering into this collective bargaining agreement,except as expressly limited or modified by a specific provision of this Agreement,are retained by the City. 3.4 If the City fails to exercise any one or more of the above functions from time-to-time,this will not be deemed a waiver of the City's right to exercise any or all of such functions. 3.5 If, in the sole discretion of the City,it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, or any similar or dissimilar catastrophe,the provisions of this Agreement may be suspended by the City during the time of the declared emergency,provided that wage rates and monetary fringe benefits shall not be suspended. 3.6 The exercise of the management rights set forth above shall not preclude the Union or any employee covered hereunder from filing a grievance under the Grievance and Arbitration IAFF Agreement-Lieutenants I0/1/201 12012-9/30/2013 11 RD 8-2-I2-4-1?9.13 2012 6 Procedure herein should the Union or the employee feel that the action taken by management violated a specific provision of this Agreement. 3.7 Nothing contained in this Article shall be construed to waive the Union's right to engage in impact bargaining as to the exercise of any of the management rights enumerated above where Florida law requires such bargaining. 3.8 In the event that the City considers subcontracting, contracting out, merging, or ceasing to provide fire service in its entirety, the City agrees to provide notice to the Union of public meetings conducted by the City to address subcontracting, contracting out, merging, or ceasing to provide fire service in its entirety. In addition,the City shall give the Union notice that it may cease to provide fire service in its entirety at least 120 days in advance of the final date where it will formally cease to provide fire service in its entirety as a result of subcontracting, contracting out, or merger with another entity. The City agrees to engage in impact bargaining as required by law as to any negotiable impacts identified by the Union during said process. Nothing herein shall be construed to restrict the City's ability to implement such changes or exercise its management rights. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 I f13DL 8-242.1 12 9.13.2012 ARTICLE 4—NON-DISCRIMINATION 4.1 Neither the Union nor the City shall discriminate against any employee on the basis of Union membership or non-membership or any other protected category. 4.2 All reference to employees in this Agreement designate both sexes and whenever the male gender is used it shall be construed to include male and female employees. 4.3 If, and in the event, an employee elects to seek remedy for alleged discrimination by the filing of a lawsuit in a County,Circuit or Federal Court,or a complaint with Equal Employment Opportunity Commission, Florida Commission Human Relations or any other outside agency, then in that event,the subject of such complaint may not also be grieved. If,and in the event,an employee elects to initiate a lawsuit in a County, Circuit or Federal Court, or proceeding to EEOC, FCHR or any other outside agency, during the pendency of a grievance, the grievance shall be summarily dismissed. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 1 IL'Dl. 84-1-24--I-3 9.13 2012 8 ARTICLE 5—PROHIBITION OF STRIKES AND LOCKOUTS 5.1. The Union and the City agree that Sections 447.505 and 447.507, Florida Statutes, shall govern their actions. There shall be no strikes, lockouts, work stoppages, slowdowns, mass resignations,sick-outs,or other similar collective job actions or refusal to perform assigned work by the employees covered under this Agreement. 5.2. The parties agree that any employee who participates in or promotes any of the aforementioned activities may be discharged or otherwise disciplined by the City. Nothing herein shall restrict the City from levying different disciplinary actions against different employees based on their involvement in activities prohibited hereunder. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 1 IPA)1.8-2424 12 9.13.2012 9 ARTICLE 6—GRIEVANCE AND ARBITRATION PROCEDURE 6.1 The City and the Union agree that it is beneficial to encourage informal discussion between employees and the Fire Department concerning employment problems of employees covered by this Agreement. Such discussions should be held with a view towards reaching an understanding that will bring about resolution in a satisfactory manner without need for recourse under the formal grievance procedure. Grievances should be resolved as expeditiously as possible and at the lowest step possible. 6.2 With respect to bargaining unit members, the grievance process shall be exclusively to the Union. 6.3. The term "Grievance" as used in this Agreement means a formal, written complaint by the Union President or designee, an employee, or group of employees alleging a violation of a specific provision in this Agreement. 6.4 The term"business day" as used in this Article shall mean only Monday through Friday of each week regardless of the gGrievant's work schedule. Saturdays, Sundays, and holidays shall not be considered business day's even if the Grievant is scheduled to work on that day. For the purpose of computing time, the day on which a grievance or reply is filed shall not be counted. Time limits specified herein may be extended by mutual agreement of the parties in writing. 6.5 If a grievance is not answered by the City or the Union within the prescribed time limit at any Step of the grievance process, such failure to respond shall be deemed a denial of the grievance, and the grievance may be advanced to the next Step within the prescribed time limit. All grievances not appealed to the next step within the time limits established by this Agreement shall be considered settled on the basis of the last response provided. 6.6 In the case of suspension or discharge, either party may unilaterally waive Step One (1) and proceed directly to Step Two(2). 6.7 The established formal grievance process does not preclude and is not intended to discourage a Grievant from first discussing the grievance with his/her immediate supervisor informally and verbally. Such informal efforts at resolution shall not relieve the Grievant of the obligation to timely file a formal grievance as set forth below. 6.8 Grievance Procedure: Grievances shall be presented in the following manner: IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 T I BDI. 84+24 12 9.1 3 2012 10 Step One (1): The employee or the Union shall first take up a grievance with the employee's immediate supervisor within ten(10)business days of the occurrence of the events which gave rise to the grievance. If the employee or supervisor was on compensated leave during this time period, the ten (10) business day period shall commence upon the employee's or supervisor return from such compensated leave. This Step One grievance may be submitted orally. The supervisor shall discuss the grievance with the employee and have ten (10) business days to respond to the grievance. Step Two (2): Any grievance that cannot be satisfactorily resolved with the immediate supervisor shall be reduced to writing on the form agreed to by the City and the Union and submitted to the Fire Chief by the Grievant or the Union within ten (10) business days of the completion of Step One. The grievance shall be signed by the employee and/or a representative of the Union and shall state: (a)the date of the alleged event that gave rise to the grievance; (b) the provisions of this Agreement allegedly violated; (c) statement of fact pertaining to or giving rise to the alleged grievance; and (d) the relief sought. The Fire Chief shall discuss the grievance with the employee and the Union and within ten (10) business days. not to include scheduled or unscheduled lease. render his decision in writing. All facts and issues must be presented in the written Step Two grievance, and a grievance may not be expanded beyond the issues raised in the written Step Two grievance. Where a grievance applies to a group of employees, all employees seeking any monetary remedy must sign the grievance to be eligible for any such monetary relief. Step Three (3): Any grievance that cannot be satisfactorily resolved with the Fire Chief shall be submitted in writing by the Union to the City Manager within ten (10) business days. not to include scheduled or unscheduled leave. after the completion of Step Two. Within ten (10) business days of receipt by the City Manager, the grievance shall be discussed by the City Manager with the employee and the Union. The City Manager shall within ten (10) business days. not to include scheduled or unscheduled leave. after this discussion render his decision in writing with a copy to the employee and the Union. 6.9 Arbitration: In the event that the grievance cannot be satisfactorily resolved with the City Manager, the City or the Union may request arbitration by submitting by hand IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 1"114Dl. 8-2424 12 9.13.2012 it delivery or certified mail a letter to the City Manager and copied to the other party, within ten (10) business days, . not to include scheduled or unscheduled leak e, demanding arbitration of the grievance. Only the Union may advance a grievance to arbitration, unless the Union's refusal to advance the grievance to arbitration is because the employee is not a dues paying Union member. The arbitration shall be confined to the articles and issues raised in the written Step Two grievance. The decision of the Arbitrator shall be final and binding. The Arbitrator shall not have the power to add to, subtract from,amend, modify, change or ignore this Agreement in reaching a decision. The parties may agree to mutually select an arbitrator. Otherwise, the party requesting arbitration shall request from the Federal Mediation and Conciliation Service(FMCS)a list of seven(7) names. Names shall be struck off alternately. A coin toss will decide who strikes first. The name remaining after both parties have struck shall be designated the Arbitrator. 6.10 The Union shall be responsible for all costs related to its witnesses and representatives, and the City shall be responsible for all costs related to its witnesses and representatives. The Union and the City shall share equally the Arbitrator fees and costs. 6.11 The Arbitrator shall issue a decision within thirty (30) calendar days of the close of the arbitration hearing,and copies shall be furnished to both parties. 6.12 No decision of any Arbitrator or of the City in any one case shall create a basis for retroactive adjustment in any other cases. All claims for back wages shall be reduced by any unemployment compensation and/or interim earnings that the grievant may or might have received during the period involved. The parties recognize that claims should be brought forward as soon as possible. The resolution of any grievance by the Arbitrator or by the parties resulting in retroactive adjustment, including back wages, shall be limited to a thirty (30) day period prior to the date of the filing of a grievance at Step 1 unless the grieving party shows that the grievant did not know and should not have known about the basis for the grievance until the thirty(30)day period prior to the filing of the grievance. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013"l IBDL 8-2-1-24 12 9.13.2012 12 ARTICLE 7-DUES DEDUCTION 7.1 Any member of the Union, who has submitted a properly executed dues deduction card or written statement to the City, may have membership dues, initiation fees, and uniform assessments for the Union deducted from wages each pay period. Dues, assessments, and initiation fees so deducted from each employee's wages shall be forwarded by the City to the Union. However,the City shall have no responsibility for any liability for any monies once sent to the Union, nor shall the City have any responsibility or a liability for the improper deduction of dues. The Union shall indemnify the City and hold it harmless against any and all suits, claims, demands, and liabilities which arise out of or by reason of any action taken or not taken by the City to comply or attempt to comply with the provisions of this Article. 7.2 It shall be the responsibility of the Union to provide the City written notification of any change in the amount of dues to be deducted in advance of said change. Under no circumstances shall the City be required to deduct Union fines, penalties, political action payments, or special assessments of any kind. Changes shall be applied in the first pay period which has not yet been processed by the City after receiving notice of such change. 7.3 An employee may revoke his authorization for deduction of dues provided the employee gives written notice to the City and the Union. Upon receipt of such notification, the City shall terminate dues deduction effective the first pay period which has not yet been processed by the City after receiving notice of such change. 7.4 No deduction shall be made from the pay of an employee for any pay period for which the employee's net earnings for that pay period are less than the amount of dues owed. Net earnings shall mean earnings after the required deductions for federal taxes, social security, pensions,credit unions,dental,health,and life insurance. IAFF Agreement-Lieutenants 10/1/201 12012-9/30/2013 1 1 RD1. 82+24-I-2 9.132012 13 ARTICLE 8—EMPLOYEE MANAGEMENT COMMITTEE 8.1 In accordance with City policy and procedure, there shall be an Employee-Management Committee with respect to the Fire Department. The Union shall have the right to appoint to the Employee-Management Committee the individuals in the classification of lieutenant. In-addition 8.2 The City and the Union, recognize that cooperation between labor and management is indispensable to the accomplishment of sound and harmonious labor relations and agree to jointly maintain and support the Employee-Management Committee. 8.3 The Employee-Management Committee shall consider and may recommend changes in the working conditions of the employees, including, but not limited to, health and safety issues. Matters subject to grievance procedure contained in this agreement may be considered, but submission of a matter to the Employee-Management Committee shall not affect the right to grieve the matter. 8.4 Employees attending committee meetings outside of scheduled working hours shall not be compensated for the time spent in such meetings. However, if the meetings are held during committee members scheduled working hours, the employee shall be allowed to attend without loss of pay. An employee shall notify their supervisor of any meetings to be held during scheduled working hours. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 l l Rl)l.8-2424 12 9.13.2012 14 ARTICLE 9—PROBATION 9.1 All new-hire bargaining unit employees will remain on probationary status for a period of one (1) year from date of employment. The probationary period is an important part of the employee review process and shall be utilized for appraisal of an employee's performance, adaptability to the position, and for rejecting any employee who does not meet the desired standards of performance. 9.2 Upon successful completion of the initial one (1) year probationary time period, the Personnel Department will prepare a Personnel Action Form to be executed by the Department Director and a copy given to the employee when releasing the employee from probation and into regular employment. Until such document is executed,an employee shall not be deemed to have successfully completed probation. The probationary period may be extended one time for up to ninety (90) calendar days upon mutual consent between the Department Director, Personnel Director,and City Manager with the final decision to be made by the City Manager. Subsequent to any employee being released from probation a drug screen may be required. 9.3 A new-hire employee on probation is considered an "at will" employee. A new-hire probationary employee may be released from City service during the probationary period without cause, without notice and without appeal under City policy and procedure or the grievance and arbitration procedure in this Agreement. 9.4 An individual who does not successfully complete the probationary period will be required to reimburse the City for all physicals/drug tests and education/training expenses incurred. 9.5 Employees who are promoted, demoted or transferred will serve a six (6) month probationary period in the new position commencing with the first day in the new position. Failure to successfully complete this promotional probationary period will result in the employee being returned to the employee's prior position,if available. 9.6 Disciplinary probation may be imposed for a length of time to be determined by the Fire Chief or his designee as appropriate for the seriousness of the infraction. Employees on disciplinary probation are not eligible for overtime unless a regular employee in the same classification is not available to work, nor may they utilize shift swaps during this time. The maximum disciplinary probation period for a single offense may be up to but shall not exceed one year. IAFF Agreement-Lieutenants 10/1/20112011-9/30/2013 "I l l l)1 8-242.4-+2 9.13.2012 15 ARTICLE 10—UNION BUSINESS 10.1 Unless provided otherwise herein,Union officers and Union representatives shall be paid by the City only when they perform assigned fire and rescue duties and/or work directed by the City. To the extent that these employees wish to perform Union duties (such as negotiations, attending Union conventions, participating in arbitrations, etc.) during their normal work schedules, they may utilize Union time pool hours, annual leave, or shift exchange; provided, however, that they comply with the rules otherwise applicable to Union time pool hours, annual leave, or shift exchanges. Union representatives who are on duty may represent bargaining unit members in Steps One through Three of the grievance procedure and any disciplinary interrogations without loss of pay so long as it does not cause a staffing shortage or incur the City any overtime. 10.2 The Fire Chief may authorize bargaining unit members who are on duty to attend approved Union functions, in the discretion of the Fire Chief, without loss of pay so long as it does not cause a staffing shortage or incur the City any overtime. 10.3 Upon request, the City will provide the Union with a complete roster of the bargaining unit including name,rank,seniority and current pay rate. 10.4 Each member of the bargaining unit shall have the right to contribute up to 24 hours of vacation, sick, floating holiday or compensatory time to the Union Time Pool twice a year (October and April). 10.5 Use of the Union Time Pool is subject to written approval by the Union President or his designee and with notification to the Fire Chief or his designee. The request of and use of the Union Time Pool shall be made by the Union President or his designee and shall only be used for Union business such as attending city meetings, the handling of grievances and the attending of IAFF seminars and other State IAFF meetings and conferences. The Fire Chief or his designee may deny use of pool time if the use of such time shall decrease or limit the conducting of department business or use would cause a staffing shortage. 10.6 The City shall maintain a list of available pool time and member usage. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013"I 1131)1_8-2424-12 9.13.2012 16 ARTICLE 11 —PERSONNEL RECORDS 11.1 The City shall recognize only one official personnel file, which shall be maintained by the Personnel Director in City Hall. Each employee covered by this Agreement shall have the right to inspect his or her official personnel file, provided, however that such inspection shall take place at a reasonable time under the supervision of the records custodian in accordance with Chapter 119,Florida Statutes. 11.2 Employees shall have the right to submit a written response to any disciplinary or performance document to be included in the employee's official personnel file. Responses should be submitted when a disciplinary or performance document is presented to the employee. If the employee previously was provided an opportunity to file a response to such a document and either filed a response or failed to file a response, subsequent or additional responses do not have to be included in the official personnel file. 11.3 The City shall notify an employee when a public record request is made to review an employee's official personnel file. The City and the Union agree that any failure to provide notification or other issues relating to this provision shall not be grievable. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 1113DI. 8-3-I2-4 12 9.13.2012 17 ARTICLE 12—TEMPORARY ASSIGNMENT FOR WORKING OUT OF CLASS IN A POSITION OF HIGHER CLASSIFICATION 12.1 The Fire Chief may temporarily assign an employee to work out of class in a position of higher classification in accordance with the terms of this Article. Those employees, who are I temporarily assigned by the Fire Chief to a position of higher classification for four(4)three (3) or more consecutive shifts for shift personnel or five (5) or more consecutive days for non-shift personnel,shall be compensated at a rate equivalent to the greater of the minimum salary for that classification or five(5)percent above current salary compensated on the fifth fourth consecutive shift for shift personnel or the sixth consecutive day for non-shift personnel. Temporary assignment shall not occur where an employee is required to work out-of-classification for a shift or shifts due to sick leave, vacation, time-off, or any combination of these or similar situations I which are not expected to last longer than four (4)three(3) or more consecutive shifts for shift personnel or five(5)or more consecutive days for non-shift personnel. 12.2 The selection of an employee for temporary assignment to work in a position of higher classification as set forth above shall be in the sole discretion of the Fire Chief subject to final approval of the City Manager. 12.3 The Fire Chief shall give priority in selection for temporary assignments to those employees that have successfully passed the most recent promotional exam for the position of assignment. 12.4 The Fire Chief shall make an effort to rotate employees selected for temporary assignments. 12.5 In the event that the Fire Chief selects an employee who has not passed the most recent Driver/Engineer: Must be a firefighter off probation Must have completed EVOC Must be state certified as a driver operator Must be cleared by the department Driver clearing proccsa 12.6.5 While serving in a temporary assignment, the value of any monetary benefit received, such as paid sick accrual or the cashing in of vacation time, shall be based on the employee's regular rate of pay. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 TTRDL 8-2424 12 9.13.2012 Is ARTICLE 13—PROMOTIONS AND APPOINTMENTS 13.1 Promotions within the bargaining unit shall be based upon: 13.1.1 Meeting the minimum certification, an required time in .1-ade, and education levels established for each applicable position. 13.1.2.Competencies, skills, knowledge, and abilities of each applicant as demonstrated through a competitive process, which may include, but not be limited to oral interviews, written tests,practical exams,assessments,task analysis,and research projects. 13.2 Employees who are promoted shall serve a six(6)month probationary period as set forth in Article 9. 13.3 Promotional testing may be used to fill positions covered by this Agreement. Before any test is administered, the City and Union shall agree upon the general test criteria and bonus points (if any) for education or other criteria. The City may utilize recognized experts to administer tests as agreed to by the Union. 13.4 Notification of testing for promotions shall be made and posted at least 30 days prior to the date that the process is scheduled to begin. 13.5 It shall be the sole responsibility of each applicant to provide their own text(s) for any exam. 13.6 When tests are given, the scores shall be good for two (2) years. Only candidates who meet the minimum acceptable scores established for any test shall be placed on an eligibility list. If the test scores have expired,a new test will be given within 6 months of the date of expiration or sooner if a vacancy exist. 13.7 The Fire Chief shall choose any one (1) candidate from the top three (3) total scores to fill any promotional vacancy. 13.8 After each individual promotion, the top three (3) remaining scoring candidates shall form another list and the Fire Chief shall again fill the promotional vacancy with any candidate from that list. The established list shall be valid for a period of two(2)calendar years. 13.9 If at any time,the number of eligible candidates is less than three(3),the Fire Chief may have the option to: 13.9.1 Fill the vacancy from any individuals who previously passed the most recent promotional exam. 13.9.2 Administer another test. 13.9.3 Waive any and all entry requirements, thereby increasing the pool of eligible candidates. Any individual promoted as a result of waiver of entry requirement shall be IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 I I RDI_ 8-2,424-44 9.13.2012 19 required to satisfy the requirements for the position within a period of time established at the time of promotion. Failure to successfully complete all requirements for the position within the established time period will result in the employee being returned to the employee's prior position,if available. 13.10 Bonus points for education and longevity shall be added to the test scores with a maximum of 5 points. Education AA Degree 1/2 point AS Degree(Fire,EMS,Public Admin, Supervisory,Emergency 1 point Management,or equivalent) BA Degree BS Degree(Fire,EMS,Public Admin, Supervisory,Emergency 2 Points Management,or equivalent) MA Degree MS Degree (Fire,EMS,Public Admin,Supervisory,Emergency 3 points Management,or equivalent) (Bonus credit for only I degree and not applicable if the job description requires the degree) Longevity(max cumulative 2 points) Each year completed with the City of Edgewater 0.25 Points/yr Each year completed with a U.S. Military organization (max 5 years) 0.25 Points/yr 13.11 The Fire Chief may appoint employees to the position of Fire Marshall and other an non-line personnel positions in the sole discretion of the Fire Chief subject to final approval of the City Manager. 13.12 Temporary Appointments shall be at the discretion of the Fire Chief, subject to final approval of the City Manager. 13.12.1 Temporary Appointments may be made without benefit of any formal testing. 13.12.2 Temporary appointments will be assigned from the members that have successfully passed the last test given for the vacant position. Members that score in the top three(3)will be given first consideration by the Fire Chief. IAFF Agreement-Lieutenants 10/1/2(1112012-9/30/2013 T"fBDI. 8-2--24-129.1 3.2012 20 13.13 While serving in a temporary appointment, the value of any monetary benefit received, such as paid sick accrual, the cashing in vacation time shall be based on the employee's regular rate of pay. IAFF Agreement-Lieutenants 10/1/24142012-9/30/2013 1 I13DI. 8-2-l-24-14 9.13.2012 21 ARTICLE 14—SHIFT EXCHANGES 14.1 Shift exchanges are primarily intended, but not limited to education, training, and certification purposes. 14.2 Employees of equivalent rank, assignment or recognized qualifications wishing to participate in a shift exchange, shall obtain permission from their supervisors on the form provided for that purpose. Shift exchanges will be approved in the discretion of management, which will not unreasonably be withheld,and shift exchanges shall not adversely impact staffing or coverage. 14.3 The supervisors will forward to administrative offices for placement on the duty calendar. 14.4 The employee working the shift exchange will be covered by worker's compensation and other similar insurance benefits in case of injury while on duty. 14.5 The employee agreeing to work the duty period shall be accountable for the exchanged duty shift. Should the individual agreeing to work the shift exchange be absent, sick, injured,or tardy, then vacation, floating holiday, or sick time will be charged to the employee agreeing to work the exchange. Failure to work an agreed to shift exchange or abuse of shift exchange privileges may result in discipline to that individual including revocation of shift exchange privileges in the discretion of the Fire Chief. 14.6 When shift exchanges occur, those shift exchanges are to be voluntary between employees and not at the direction of the Department. 14.7 Shift exchanges will not be granted within the first three (3) months for any new-hire probationary personnel. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 TTRDL 8-21-24 12 9.1 3.2012 22 ARTICLE 15—SENIORITY,LAYOFFS,AND RECALL 15.1 The City agrees that seniority shall consist of continuous accumulated paid service with the City and shall be computed from the date of full time employment with the City. For those bargaining unit employees hired prior to October 1, 2010,their seniority shall be consistent with Appendix A to this Agreement. In the event that employees hired after October 1,2010 have the same date of full time employment with the City,the employee with the higher score on the pre- hire assessment test shall have greater seniority. Seniority shall accumulate during leaves of absence due to job related injury, illness, vacation, military assignment or other leave of absence authorized by the City. In the event that two or more employees have the same date of hire,the employee with greater length of time in a classification shall have seniority. 15.2 In the event of the need for a reduction in the work force, employees shall be laid off in inverse order of seniority within their classifications. An employee affected by a lay off shall be entitled to"bump"into a lower classification within the bargaining unit if the employee is senior to the employee in the lower classification. 15.3 Employees will be recalled in inverse order of lay off provided the employee has the qualifications to perform the job at the time of recall. The City further agrees that no new employees will be hired until all qualified employees who have been laid off for less than twelve (12) months have been given an opportunity to return to work. Employees shall be notified of their recall by letter sent certified mail, return receipt requested, to the address in their official personnel file and shall be given fourteen(14)calendar days from receipt of the letter to return to work. 15.4 In the event that the City determines that it needs to retain an employee to maintain special skills or certifications necessary for the operation of the Department such as paramedic certification, fire inspector certification, or other similar certifications and skills, the Fire Chief may elect to retain an employee in a reduction in force regardless of seniority. The Fire Chief must provide written notification to the Union and affected employees specifying the reasons for retaining an employee of lower seniority based upon this provision. 15.5 An employee on lay-off shall retain seniority for one(1)year following lay-off,but shall not accrue seniority while on lay-off. 15.6 An employee on lay-off shall not lose seniority or eligibility to be recalled due to any outside employment or subsidies received. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 1 1 R 1. 844-24 12 9.13 2012 23 ARTICLE 16—INTERROGATION AND DISCIPLINE 16.1 Disciplinary interrogations shall be conducted in accordance with the Firefighters' Bill of Rights,Section 112.80,et seq.,Florida Statutes,as amended. 16.2 No employee shall be discharged or disciplined except for just cause. 16.3 In the event an employee is discharged, suspended, or demoted,the City will furnish the employee with written notification of the discharge, suspension or demotion. This notification shall be hand delivered to the employee prior to its effective date or sent by certified mail,return receipt requested,to the employee at the address in the employee's official personnel file 16.4 Any employee under formal investigation shall have the right to be represented at his own expense by a representative of the Union or its counsel who shall be present at all times while the employee is being questioned relative to the alleged misconduct 16.5 In the cases where the City chooses to relieve an employee from duty pending an investigation or other administrative determination, the employee may be placed on paid administrative leave and shall be given written notification of the reason for the suspension. An employee may be placed on unpaid administrative leave in cases involving allegations of criminal activity,moral turpitude,ethics violations,or other serious allegations that may result in termination if sustained. Should an investigation result in disciplinary action, any period of suspension without pay shall be considered in the disciplinary action. 16.7 Any discipline document which is over three (3) years old, except for a previous suspension or demotion, shall not be used as a basis to progressively raise the level of discipline for an employee for an offense. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 TTBDL 84-124-12 9.13 2012 24 ARTICLE 17—BULLETIN BOARDS 17.1 Where City bulletin boards are available at individual fire stations and the Fire administration offices, the City agrees to provide a minimum of 2' x 3' or equivalent available space on such bulletin boards for Union use. Where bulletin boards are not available, the City agrees to allow the Union to place bulletin boards in locations within the Fire stations and/or administrative Department mutually acceptable to the Fire Chief and the Union. 17.2 The Union shall utilize the bulletin board only to post the following: A. Notice of Union meetings. B. Notice of Union elections and Union election results. C. Copies of the Union's Constitution and By-laws and Amendments thereto. D. Notice of recreational and social affairs of the Union. E. Copy of this Agreement. F. Notices of dues(changes). G. Names of Local Union officials(and changes thereto). H. Local Union and International Union newsletter(i.e., monthly, quarterly, annual, or special publication). I. Minutes of Union meetings. 17.3 All materials placed upon the bulletin board by the Union will be initialed by the Union President or his designee. The Fire Chief or his designee shall be furnished with a copy of any material to be posted. 17.4 Under no circumstances shall the Union post any notice containing material of a political nature or material tending to directly or indirectly disparage or demean the City or any of its elected or appointed officials or employees. 17.5 Postings in violation of this Article may be immediately removed from any bulletin board. IAFF Agreement-Lieutenants 10/1/201 12012-9/30/2013 I 1 13 )1 824-24-2 9.1 3.2012 25 ARTICLE 18—VOTING 18.1 During a primary,general, or special election, an employee who is registered to vote and whose hours of work do not allow sufficient time for voting may, upon the approval of the Fire Chief in his discretion,be allowed necessary time off with pay for this purpose so long as it does not cause a staffing shortage or incur the City any overtime. Employees shall attempt to use any other means to vote including early voting, absentee ballots, and shift exchange before requesting the Fire Chief approve time off with pay. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 l I RD(. 8-2424 12 9.1 3.2012 26 ARTICLE 19—LEAVE OF ABSENCE 19.1 The Fire Chief is authorized and may grant an employee a leave of absence for a period not to exceed thirty(30)calendar days. The City Manager is authorized and may grant leaves of absence for periods in excess of thirty(30)calendar days. 19.2 Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ of the City shall not accrue during a leave of absence. 19.3 Any salary increases for which an employee would have become eligible based in whole, or in part, on length of service with the City shall not be credited during any period of leave of absence. 19.4 A leave of absence may only be granted after the employee has exhausted all of his sick, vacation,compensatory and floating holiday time accrual. 19.5 City policy and procedure shall govern the continuation (if any) of existing insurance coverage during any leave of absence,and the opportunity to elect continuation coverage shall be provided as required by law. 19.6 Military leave shall be provided to bargaining unit members in accordance with state and federal law. The parties agrees that the City may, in its sole discretion, approve additional benefits for bargaining unit members in connection with military leave above those required by law. Authorised militar■ leave that requires hack-fill Coyera2e mac he filled with ResercerPart- time Firefitzhters. IAFF Agreement-Lieutenants 10/1/201120 12-9/30/2013 1 1 BD L 8-24-24-14 9.13.2012 27 ARTICLE 20—SICK LEAVE 20.1 Sick leave will be earned at the rate of eight (8) hours per month for forty (40) hour workweek employees and twelve (12) hours per month for fifty-six (56) hour workweek employees. 20.2 Sick time shall accumulate up to a maximum of three hundred twenty (320) hours for forty(40) hour workweek employees and four hundred and eighty(480)hours for fifty-six(56) hour workweek employees. After an employee accumulates the maximum sick leave(either 320 or 480 hours as applicable),the employee shall be paid additional pay each month for those sick leave hours accrued in excess of the maximum as long as the employee does not use any sick leave during such month. It is the employee's responsibility to make such request based on the request policy established by the Cih. If, however, the employee uses any sick leave after accumulating the applicable maximum sick leave, the employee must restore the accumulated sick leave to the maximum again before the employee shall be eligible for any additional pay. 20.3 Upon separation of employment, except for the commission of a criminal act of moral turpitude,an employee with a minimum of five(5)years service with the City shall be entitled to a lump sum payment of 100%for any unused accrued sick leave. An employee with less than five(5)years service with the City shall be entitled to a lump sum payment at the rate of two(2) hours of sick leave for one(1)hour of pay. The payment shall be determined by using the rate of pay received by the employee at the time of termination. 20.4 Regardless of years of service with the City,in the event of death or permanent disability, the employee's beneficiary or employee shall be entitled to 100% of any unused portion of accrued sick leave. 20.5 Personnel calling in sick will call in at least twelve (12) hours before going on shift, if possible. 20.6 Employees may use their accrued sick leave for illness in the immediate family. Immediate family is defined as: spouse, co-habitant, parents, grandparents, children, grandchildren,brothers,sisters,stepchildren,and stepparents of either the employee or spouse. 20.7 Employees may donate accrued sick leave to any City employee who has an emergency or long-term illness. 20.8 Employees are entitled to use Family and Medical Leave to the extent provided by the Family and Medical Leave Act and City policy and procedure. IAFF Agreement-Lieutenants 10/1/70112012-9/30/2013 11131)1. 8-2424 12 9.13.2012 28 ARTICLE 21 —HOURS OF WORK AND OVERTIME 21.1 Hours of Work: 21.1.1 It is understood that the normal hours of work for the shift members shall be twenty-four(24)continuous hours on duty starting at 0700,or the time as modified by the employee management committee, followed by forty-eight (48) continuous hours off duty. 21.1.2 It is understood that the normal hours of work for members not assigned to twenty-four (24) hour shift shall normally be forty (40) hours per week. Daily work schedules for those so assigned will normally be eight(8) or ten (10) hours in duration. For 40 hour employees, efforts will be made to provide lunch and breaks in accordance with city policy and two consecutive days off in the workweek. 21.1.3 No fifty-six (56) hour workweek shift member shall be authorized to work more than fifty (50) continuous hours without a minimum of ten (10) hours off-duty rest without prior authorization of the Fire Chief. 21.2 Overtime: 21.2.1 Employees shall be compensated for overtime hours worked in accordance with the Fair Labor Standards Act. Pursuant to Section 7(k)of the FLSA,the City and Union have agreed upon a fourteen (14) day work period for purposes of overtime calculation under the FLSA. Time shall be recorded in 15 minute increments rounded up or down to the nearest quarter hour. 21.2.2 Employees working outside of the shift system shall be paid in accordance with City practice based on a forty(40)hour workweek. 21.2.3 A list of overtime hours worked shall be maintained for use in selecting employees for overtime call-in opportunities. the eligible member vv i l l ha■e I S minutes from time of being contacted to return the call. No reseonse by the eligible member v ill he annoted as denial of overtime shift. Overtime shall first be offered for a position to the qualified employee with the least amount of overtime hours. If an overtime opportunity is not accepted by an employee,then the qualified employee with the next lowest amount of overtime hours shall be offered the opportunity. There vN ill he no annotation on the list for coyeraae of less than 8 hours for shift personnel and 4 hours for employees vorkina outside the shift system. The Department may offer overtime opportunities for a position to qualified employees of a lower-rank (i.e., offer a Driver opportunity to a qualified Firefighter) if it deems appropriate, but the Department will not offer overtime opportunities for a position to a qualified employee of a higher-rank unless not otherwise able to fill the position or unusual circumstances exist. In the event the overtime list has IAFF Agreement-Lieutenants 10/1/201 12012-9/30/2013 I.ERDL 8-2-1-24 12 9.13.2012 29 been exhausted and CON crate is still required. the Reserve 1 ireliiahter (part-time employee) list may he utilized. 21.2.4 In lieu of overtime compensation, a bargaining unit member may request and receive"compensatory time"equal to one and one-half(11/2)times actual hours worked. 21.2.5 Compensatory time shall be scheduled in the same manner as a "Floating Holiday." 21.3 If an employee is called-back for assignment after being released from duty, the employee will receive a minimum of three(3)hours overtime starting at the time of reporting to the worksite and ending upon release by supervisor. 21.4 Off-duty assignments shall be made in an equitable manner. 21.5 Sick leave will not count towards hours worked for overtime purposes. 21.6 Employees who are deployed in connection with a State or Federal disaster shall be entitled to receive "per diem" payments in accordance with amounts established by City policy. The parties agree that the City may, in its sole discretion, approve additional benefits and payments for bargaining unit members deployed in connection with a State or Federal disaster. 21.7 Meetings 21.7.1 Department meetings will be held on duty time, if possible, for the purpose of conveying policy changes, operating procedures, or discussion of operational or administrative procedures. 21.7.2 If Department meetings are held during off-duty hours and an off-duty employee is required to attend,the employee shall receive a minimum of two(2)hours pay. 21.8 Volunteer or part-time employees shall not be used to meet the minimum staffing level then established by the City, except in cases when a bargaining unit employee is approved for leave of any kind expected to be longer than 30 days. No volunteer or part-time employee shall perform fire fighting duties unless the individual meets the qualifications and standards established by the Employee Management Committee and is approved by the Fire Chief, in his sole discretion,to perform fire fighting duties. 21.9 Employees who are scheduled to work a recognized holiday will not be required to participate in or attend any scheduled training sessions. 21.10 Except as required to ensure the normal operating requirements of a fire station,including two (2) annual night trainings, and customer service needs, every effort will be made to permit down-time for all shift employees starting no later than 2100 hours until 0630 hours. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 1 1131)1. 8-212-4 12 9.1 3.2012 30 ARTICLE 22—HOLIDAYS 22.1 The City will recognize the nine (9) paid holidays as set forth in City policies and procedures. 22.2 For non-shift employees, if a holiday falls on a Saturday, the holiday will be observed on the Friday before the holiday. If the holiday falls on a Sunday, the holiday will be observed on the Monday following the holiday. 22.3 For shift employees, if the actual holiday falls on an employee's off duty day, the employee shall either receive additional twelve(12) hours compensation paid at the regular rate of pay or may request twelve (12) hours off to be scheduled with the Fire Chief. The day off must be taken within a twelve(12)month period. 22.4 For shift employees, if the actual holiday falls on an employee's duty day, the employee shall be compensated at the rate of time and one-half the regular rate of pay for all hours worked on the holiday in addition to twelve(12)hours holiday pay. In lieu of receiving holiday pay,the employee may request twelve(12)hours off,to be administered as a"floating holiday",to occur within a twelve(12)month period. 22.5 In order to be eligible for holiday pay an employee must work both the last scheduled work day before the holiday and the first scheduled work day after the holiday unless the absence is due to compensated leave. 22.6 Each employee shall be entitled to four(4)floating holidays in addition to the scheduled holidays with pay per year,which must be taken within their anniversary year. Floating holidays shall be equivalent to the employee's normally scheduled workday whether eight (8), twenty- four (24), or any other normally scheduled number of hours. Floating holidays shall be scheduled with the approval of the Fire Chief, and employees shall not receive pay in lieu thereof. 22.7 In the event that the City provides an additional City-wide employee appreciation day, bargaining unit employees shall receive eight (8) hours of compensatory time for each appreciation day approved. IAFF Agreement-Lieutenants l0/1/243442012-9/30/2013 I 113D1 8-2424-44 9.13.2012 31 ARTICLE 23—BEREAVEMENT LEAVE 23.1 When a death occurs in the immediate family of an employee, that employee shall be granted bereavement leave without loss of pay up to 4 work shifts. Additional time may be taken by the employee as vacation leave,personal days, sick leave,a leave of absence without pay or a day off without pay as approved by the Fire Chief. 23.2 Immediate family shall mean: spouse,co-habitant,parents, mother-in-law, father-in-law, grandparents, children, grandchildren, brothers, stepbrother, sisters, stepsister, stepchildren, stepparents of either the employee or spouse; or any person in care of the employee or permanently residing with the employee. 23.3 The City has the right to request a verification of the death. IAFF Agreement-Lieutenants 10/1/201 12012-9/30/2013 l l RI)l 8-2-I24 12 9.13 2012 32 ARTICLE 24-VACATION 24.1 Employees covered by this Agreement shall be entitled to annual vacation leave with pay, based on the number of years of service with the City,as follows: Employees working forty-hour(40)workweek Less than 1 year 0 hours 1-4 years 96 hours 5-10 years 144 hours 11 years 192 hours 12 years 200 hours 13 years 208 hours 14 years 216 hours 15 years 224 hours 16 years 232 hours 17 years and over 240 hours Employees working fifty-six(56)hour workweek Less than 1 year 0 hours 1 to 4 years 144 hours 5 to 10 years 216 hours 11 years 288 hours 12 years 300 hours 13 years 312 hours 14 years 324 hours 15 years 336 hours 16 years 348 hours 17 years 360 hours 18 years and over 372 hours 24.2 No employee shall be entitled to vacation leave without having first completed a full year of employment. Upon completion of one (1) year of employment with the City, an employee who works a forty(40)hour week shall be credited with ninety-six(96)hours of vacation leave; an employee who works a fifty-six(56)hour week shall be credited with one hundred forty-four (144)hours of vacation leave. 24.3 Subsequent to the completion of one year of employment, the employee shall accrue vacation leave on a bi-weekly basis. 24.4 Vacation leave accrued, but not used,within any given anniversary period may be carried over and accumulated. Employees who work a forty (40) hour week may accumulate vacation leave up to a maximum of five hundred (500) hours; an employee who works a fifty-six (56) IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 1 1131)L 8-24-24-I 9.13 2012 33 hour week may accumulate vacation leave up to a maximum of seven hundred twenty (720) hours. 24.5 In lieu of taking vacation leave,vacation leave may be cashed in an amount equal to one- half(1/2) of that accrued within the current anniversary period, at the employee's discretion throughout the fiscal year as long as the employee submits the appropriate form to the City no later than June 1 for payment in the forthcoming fiscal year. The exchange of vacation leave for cash cannot exceed the amount submitted. Exchange will not be allowed if the employee fails to submit this form prior to June 1. The amount of compensation shall be determined by using the employee's hourly rate at the time the vacation leave is cashed in. 24.6 Upon separation of employment, except for the commission of a criminal act of moral turpitude, an employee is entitled to a lump sum payment for any unused portion of accrued vacation leave. The payment shall be determined by using the rate of pay received by the employee at the time of separation. 24.7 Vacation leave may only be utilized by prior approval by immediate supervisor, Fire Chief or designated representative. Request for annual leave should be submitted fourteen (14) calendar days prior to starting leave to assure adequate time for coverage. 24.8 While every effort will be made to accommodate vacation time request, approval and duration may be determined on availability of personnel with equal rank, assignment or recognized certifications to cover the employee's requested leave. No more than two (2) personnel per shift may be granted scheduled leave without prior approval of the Fire Chief or designated representative. 24.9 Vacation leave may only be used to the extent of the employee's available accumulation. 24.10 All vacation will count towards hours worked for overtime purposes. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 I I RDL 8-24-24-1-2-9.13.2012 34 ARTICLE 25—UNIFORMS AND EQUIPMENT 25.1 The City agrees to provide the clothing/equipment without cost to bargaining unit members upon employment in accordance with then established policy. Upon hire,the City shall provide bargaining unit members the following clothing/equipment: Uniform trousers ..4 pair Duty T-Shirts 4 Duty Boots 1 pair Duty Belt .. 1 POLO-style Shirts 4 Collared Sweat Shirt 1 25.2 Members that are assigned to staff positions shall be provided appropriate attire for meetings,inspections or public speaking events in accordance with then established policy. 25.3 The City agrees to replace/repair issued clothing and equipment damaged due to normal wear and tear or resulting from the performance of assigned duties. 25.4 Personal property required to be used in the line of duty which is damaged or destroyed during the performance of duty shall be replaced by the City up to a limit of$200 with proof of cost. (Greater amounts for replacement of personal property may be approved prior to damage by the Fire Chief.) All replacements must be approved by the Fire Chief and will be furnished to the bargaining unit member within thirty(30)business days of approval. 25.5 Bargaining unit members shall be required to maintain the clothing and equipment provided by the City in an acceptable condition. All assigned uniforms and equipment shall be returned to the City in the event of separation of employment. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013"I I RD1. 841-24-14 9.13.2012 35 ARTICLE 26—INSURANCE 26.1 The Union shall have the opportunity to discuss and provide input on any proposed changes to insurance through the employee-management committee prior to implementation by the City. 26.2 The City agrees to furnish Bargaining Unit members a health and dental group insurance plan. The City agrees to pay the entire amount of the health insurance premium for the Bargaining Unit Lieutenant and seventy-five percent(75%) of the health insurance premium for their dependents. 26.3 The City shall provide life insurance for all employees covered by this agreement in an amount equivalent to one (1) year's base salary rounded up the next thousand dollars: however no employee's life insurance coverage shall be less than fifteen thousand($15,000)dollars. 26.4 The City shall provide a maximum$155,000 accidental death and dismemberment policy for all bargaining unit members. 26.5 The City agrees to pay 75%of all dental coverage. IAFF Agreement-Lieutenants 10/1/301 12012-9/30/2013 1 I'BDL 8-2-1-24 12 9.13.2012 36 ARTICLE 27—INJURIES/LIGHT DUTY ASSIGNMENT 27.1 All light duty for injuries occurring in the line of duty shall be offered and applied consistent with the Fire Department practices as of the date of this Agreement. Assignment of light duty may vary depending on the availability of other assignments and the employee's ability to assist with other assignments based upon education, knowledge, experience, special skills (e.g., computer software experience), and prior work on special projects. Nothing herein requires the City to provide light duty where there are no available assignments or the employee lacks the ability to perform other available assignments. 27.2 For non-duty related injuries,the City,in consultation with the Fire Chief,may permit the employee to continue with his normal duties,reassign the employee to other duties with the Fire Department, or temporarily remove the employee from duty. Nothing herein shall require the City to create a position for the employee. 27.3 Should the employee be temporarily removed from duty during the period of time specified for correction of disability, the employee may utilize sick leave, vacation leave or request a leave of absence without pay for the correction period. 27.4 If the disability cannot be corrected and becomes permanent,the City in consultation with the Fire Chief, will attempt to place the employee in another City position, which in City's discretion,the employee can perform satisfactorily. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 "f I I3DI.84-1-24-1?9.13 2012 37 ARTICLE 28—PHYSICAL FITNESS/HEALTH 28.1 The parties agree that employees covered hereunder must maintain a level of fitness necessary to perform their firefighting and related duties. To achieve/maintain such level of fitness, employees will be required to participate in such physical fitness sessions as are mandated by the Department or in any Department Fitness Initiative. To determine whether employees covered hereunder have a level of fitness necessary to perform their firefighting and related duties,the Department may administer physical fitness tests that are utilized by any other department in the State of Florida or has been approved by any national organization such as the Fire Chiefs' Association, the IAFF, etc. for use in evaluating the fitness level of firefighting personnel. If an employee fails to achieve the minimum required score on a physical fitness test, a fitness improvement plan for the employee will be developed. Thereafter, the employee will be retested every three (3) months until the employee successfully achieves a passing score. Should the employee not achieve a passing score within one year, the employee may be subject to disciplinary action up to and including termination. Nothing herein shall prevent or restrict the City from removing an employee from duty or separating an employee from employment upon a determination that the employee is not physically capable of performing the essential functions of the position. 28.2 To ensure that each member has the ability to achieve and continue a healthy lifestyle the City agrees to the following: 28.2.1 Each member shall be permitted daily, workload permitting, a maximum of sixty (60)minutes of physical exercise(including warm up and cool down.) 28.2.2 The Employee Management Committee shall determine the appropriate yearly fitness assessment tests,passing scores and benefits thereof,and training rehabilitation programs for those who fail to achieve passing scores. 28.3 Each employee may be subject to an annual physical examination,which may include but is not limited to the following tests: Urinalysis Vision Test Audio Screen Test Height and Weight Record Blood Pressure Blood Chemical Profile EKG at rest EKG stress test if cardiac risk profile deems necessary Pulmonary function test Complete hepatitis screening Tuberculosis test and chest x-ray if indicated IAFF Agreement-Lieutenants 10/1/201 1 2012-9/30/2013 1 1 RD1. 8-2421-14 9.13.2012 38 The City shall ensure that the results of all medical evaluations and physical performance test shall remain confidential as required by law. In the event that any medical evaluations and physical performance test indicates that an employee has any potential restrictions or need for further testing and/or evaluation,all such activities and records related to any restrictions,testing, or evaluations shall be coordinated through Personnel and remain confidential as required by law. The Fire chief shall be notified by the physician only as to whether each firefighter is fit for duty. 28.4 The Union recognizes that the Surgeon General of the United States has determined that tobacco contributes to the development of a number of heart and lung diseases. All members of the bargaining unit shall be required, as a condition of continued employment, to refrain from using any tobacco products at any time. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 TTSDI_. 8-3-1-24-+3 9.13 2012 39 ARTICLE 29—WAGES 29.1 The parties acknowledge that for fiscal year 2010-2011 only, the City paid to all bargaining unit members a five hundred dollar($500)one-time stipend(before taxes). For fiscal year 2011 2012-2013 only, •- .. - _ • the City has a<arees to implemented the FY 10/11 12 13hourly rates set forth in Exhibit B. Although the City agrees to make reasonable efforts to implement the rate changes set forth in Exhibit B in subsequent years, any increases or implementation in subsequent years must be mutually bargained for by the parties, and there is no guarantee requiring the City to fund or implement hourly rates for any additional years beyond fiscal year 2011 2012-2013. 29.2 The parties agree that no other wage increases shall be provided in fiscal year 2010-2011. Wage increases, if any, after September 30, 2011 shall be established solely through the collective bargaining process. For the fiscal year 2011 20122012-2013, all eligible employees shall receive a 2% increase in their hourly rate of pay. Employees are not eligible for this increase until they have been deemed a regular employee. 29.3 All bargaining unit employees employed as a firefighter as of the date of ratification_ April 18. 2011. of this Agreement shall be entitled to receive paramedic incentive pay equal to $2.00 per hour. For any bargaining unit employees hired after ratification of this Agreement, who are cleared to function as a paramedic under both City and County protocols and assigned by the Fire Chief to perform paramedic duties,instead of hourly paramedic incentive pay shall be entitled to receive an annual stipend in the amount of$6000.00. Such stipend shall be paid in monthly installments and prorated for any partial months or weeks of work. Stipends shall not be paid for any unpaid periods unpaid leaves of absence or periods whereas employee was not permitted to operate as a cleared paramedic. IAFF Agreement-Lieutenants 10/1/20112011-9/30/2013 I TRDL 8-2-1-24-12 9.13.2012 40 ARTICLE 30—RULES AND REGULATIONS 30.1 The employees covered hereunder shall comply with all rules, regulations, policies, procedures and operating bulletins of the City, the Department, and any amendments thereto, except as superseded or modified herein. The Union shall be provided with one copy of any rule, regulations, policies, or standing operating procedures, which replace or add to the City's and/or Fire Departments present rules,regulations,policies,or procedures. 30.2 Should the City or the Department amend or modify any of the aforesaid rules, regulations, policies, or procedures, a courtesy copy of any such new (or amended) rule, regulation, policy, procedure, or operating bulletin shall be mailed or delivered to the Union (or the Union's employee representative within the Fire Department) at least ten(10) business days prior to implementation. Nothing herein shall restrict the City or the Department from implementing any new (or amended) rule, regulation, policy, procedure, or operating bulletin prior to the expiration of ten (10) business days if operational necessity requires such earlier implementation. Prior to implementing any changes in rules, regulations, policies or standard operating procedures the union shall be provided with a copy of the proposed change and given an opportunity to submit written comments. Any written comments submitted by the union within ten (10) calendar days shall be considered by the City. Nothing herein be construed to restrict the City's right to implement any such changes or revisions. 30.3 The Union shall be furnished a copy of all current and subsequently amended written rules,regulations, policies, procedures, and operating bulletins pertaining to employer-employee relations and distributed to members of the bargaining unit. 30.4 No disciplinary action will be taken for a violation of a new (or amended) rule, regulation, policy, procedure, or operating bulletin until the employee has actual knowledge or the passage of at least six (6) calendar days after dissemination to the employees, whichever is earlier. For the purpose of this Article,dissemination of such new(or amended)rule,regulation, policy, procedure, or operating bulletin shall be via electronic mail, telecommunication, station briefing,bulletin board posting,personal distribution,or any other appropriate means. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 1113D1 8-2424 12 9.13.2012 41 ARTICLE 31 —ALCOHOL AND DRUG TESTING 31.1 Bargaining unit employees shall be subject to the City's Drug Free Workplace Policy and may be required to submit to drug and alcohol testing as set forth in City policy and procedure as of the date of this Agreement. Failure to submit to testing is grounds for termination of employment. Employees covered hereunder may be required to take a drug/alcohol test pursuant to any random testing program not prohibited by applicable law and as established by City policy and procedure. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 TTBD1. 8-2-12-1-4-2 9.1 3 2012 42 ARTICLE 32—EDUCATION REIMBURSEMENT AND INCENTIVES 32.1 Education Reimbursement: 32.1.1The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, improving the quality of service rendered to the public and aiding employees to equip themselves for greater responsibilities and advancement to higher positions when available. 32.1.2 If an employee requests to take an enrichment course, upon prior approval by the Fire Chief and the City, the employee will receive reimbursement for 50%of the tuition. If the City recommends that an employee take an enrichment course, upon prior approval by the Fire Chief and the City, the employee will receive reimbursement for 75% of the tuition. All reimbursements will be subject to satisfactory completion of courses and any conditions established set forth in a course agreement with an employee. The Fire Chief shall determine attendance and approval after considering the needs of the department. 32.1.3 If an employee remains in the City's employment for two (2) years after satisfactory completion of an enrichment course,they will not be obligated to reimburse the City for any amounts paid by the City for satisfactory completion of an enrichment course. 32.1.4 Employees who do not remain employed by the City for two (2) years after satisfactory completion of an enrichment course will be obligated to reimburse the City for amounts paid toward course expenses as follows: 6 months or less after satisfactory completion of course =100% 6-12 months after satisfactory completion of course =75% 12-18 months after satisfactory completion of course =50% 18-24 months after satisfactory completion of course =25% 32.1.5 The Fire Chief may rearrange scheduling of shifts so as to allow an employee to attend approved enrichment courses. 32.1.6 An employee may be granted given educational leave for the purpose of taking courses or attending conferences and/or seminars directly related to the employee's work as determined and approved by the Fire Chief and the City in their sole discretion. An employee granted educational leave with full pay shall be entitled to receive all City benefits in the same manner as if he were on active duty during the period of the leave, excluding overtime provisions. .authorized educational leave that requires hack-till coveraue may he tilled «ith Reserve part-time hireliehters. 32.1.7The City shall assume financial responsibility for tuition, books and transportation for a course or certification required as a condition of continued employment. If the employee IAFF Agreement-Lieutenants 10/1/20 I 1 2012-9/30/2013 1131)1, 8-2-1-2-4-14 9.13.2012 43 does not satisfactorily complete the course, he may re-enroll at own expense, and take such course on personal time. 32.2 Employees who receive certification or completion of specific courses shall be eligible to receive monthly educational incentive pay in the amount of twenty-five (25) dollars. The appropriate and/or adjusted educational incentive pay shall commence on the first pay period of the month following notification to the Personnel Department that the employee has successfully completed the course. Proper notification shall be a copy of the transcript and the certificate of completion of degree. 32.3 An employee can only receive monies for classes or certifications that are not required for the employee's current job description. An employee can receive a maximum eligibility of one-hundred(100)dollars a month for incentives. 32.4 The Fire Department assigned personnel will be responsible for maintaining employee achievement records and providing the incentives due each employee to the Personnel Department,based upon the certifications/degrees received as identified in the chart below. Category 1 Category 2 Category 3 Category 4 Category 5 Level 1 Level 2 " Instructor Category 4 Certifications Certifications Technical Ratings Classes (1 required) (1 required) Achievements (2 required) (2 required) (1 required) :Driver operator :Fire officer 2 :CPR :BTLS/EMT's :Fire Instructor :Fire Instructor 2/3 :Fire Officer :ACLS :EMT IV's :Fire Inspector :Fire Inspector 2 :econdary :PALS/PEPP :Red Card :Fire :Arson 2 Degrees :BTLS :NFA 2 weeks Investigator :TRT tech level :CERT :Education :Arson :Special Operations :First Aid Mentor :Secondar\ Tech Level :EVOC :Car Seat Decrees :IFTI :SCBA Tech :CISVI :EM PDS 32.4.1 It is agreed that each member accepting incentive pay shall perform duties commensurate to the level of certification or training that established eligibility for the category. 32.4.2 The member will forfeit category pay if at any time the certification or training that established category eligibility becomes unusable. The member will not be prevented from obtaining additional eligibility based on alternate certifications or trainings required for the IAFF Agreement-Lieutenants 10/1/20I 12012-9/30/2013 'TTBDL 8-2424-14 9.13.2012 44 category. If a member is receiving State funding for a college degree,they can only utilize additional college degrees from accredited institutions that are equal to or greater than the State funded degree;e.g.a member receiving a 4-year degree may not receive additional educational credit for a 2-year degree. 32.5 Special project Lead program as assigned by the Fire Chief is compensated at Fifty dollars ($50.00) a month. Assistants for special projects assigned by the Fire Chief will be compensated at twenty-five($25)dollars a month. Examples of special projects may be,but not limited to: vehicle maintenance, building maintenance, training coordinator, EMS equipment, purchasing,etc. A special project is a designated additional activity or duty,outside the scope of the employee's job description, assigned by the Fire Chief that increases the employee's daily work load or responsibilities. The categories for both incentive eligibility and special project stipend may be altered as needed by the Fire Chief and as approved through the Employee Management Committee. 32.6 At no time shall incentive or educational monies received from the State or Federal Government be considered part of the total allowable incentives a bargaining unit member can obtain. 32.7 Categories for both incentive eligibility pay and special project stipend may be altered as needed based on the decision of the Employee Management Committee. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 11 BD(. 8-21-24 12 9.13.2012 as ARTICLE 33—ENTIRE AGREEMENT/DURATION 33.1 This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 33.2 Appendices and Amendments (if any) to this Agreement shall be lettered or numbered, dated,and signed by the parties,and shall constitute part of this Agreement. 33.3 This Agreement shall be effective upon approval and execution of the parties and shall remain in full force and effect until and including September 30,2013. limitod purpose of negotiating Wages and three (3) other Articles. If a party reopens this, Agreement for said limited purposes in fiscal sear 2011 2012 and 2012 2013. the other party t.hall he entitled to present three(SE Articles for negotiation::. 33.5 Upon mutual consent anytime during the term of this Agreement,the parties may agree to reconsider any provision of this Agreement. IAFF Agreement-Lieutenants 10/1/201 12012-9/30/2013"I'"f13DL 8-2-1-24 12 9.13.2012 46 ARTICLE 34—MILEAGE I 34.1 Any employees who ha have received prior authorization to use the employee's private automobile in the performance of official City duties will be compensated by the City at the rate authorized by current City policy. 34.2 Employees shall not accept compensation and/or fees from another entity in connection with travel unless expressly authorized by the City. If an employee receives compensation and/or fees from another entity which is not expressly authorized, the employee shall turn such over to the City. IAFF Agreement-Lieutenants 10/1/20111(11/-9/30/2013 l"113DI. 8-2424 12 9.1 x.2012 47 ARTICLE 35-SEVERABILITY/SAVINGS 35.1 Should any provision of this collective bargaining agreement or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by a decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree that they shall meet within thirty (30) calendar days of the date when the contract provision was determined invalid,in order to negotiate a replacement provision. IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 H 4301. 8-3+21-+2 9.13.2012 48 SIGNATURE PAGE IN WITNESS THEREOF,the parties attach their hands and seal the below-written dates: CITY OF EDGEWATER EDGEWATER PROFESSIONAL FIREFIGHTERS IAFF LOCAL 4575 By: By: Attest: Attest: Date: Date: IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 TTRDt. 8-2424 12 9.13 2012 49 APPENDIX A I Seniority List for I iretiulhter. Drier I maineer. and Lieutenant Bargaining Unit Employees Hired Before October 1,2010 Name Date of Hire Barlow,Trevor B. 07/11/86 Coates,Bruce J. 03/08/91 Ruth Jr.,Daniel 08/20/93 Jollie,James 11/27/95 Hayward,Ronald J. 12/04/98 Luriscy,Jeffrey 12/01/98 Lewis, Shellie A. 12/04/98 Haynes,Jason 12/04/98 Halcomb,John P. 09/27/99 Everidge,Bryan E. 03/29/02 Lewis, Reese 06/21/02 Meeske,Dennis 06/21/02 Swets,Gregory A. 04/25/03 Hudson,Brandon 04/25/03 Spencer,David S. 11/10/03 Hayward,Kory J. 01/30/04 White,James J. 10/08/04 Fede,Dominick T. 10/08/04 Ward Jr.,David D. 11/26/04 Thomas,Jeffrey S. 07/22/05 De Rosier,John R. 07/22/05 Pantuso,Ashley N. 07/17/06 Blair,David W. 12/17/07 I Morgan,Andrew I. 03/12/08 Nickels,Justin T. 01/05/09 Bridges,Brian 12/13/09 Holland,Brett 12/14/09 IAFF Agreement-Lieutenants 10/1/201 1201 2-9/30/2013 IF RD I 8-2424 I2 9.13 2(11 2 so IAFF Agreement-Lieutenants 10/1/20112012-9/30/2013 TTBDL 8-2-1-24-4-2 9.13 2012 51 '4 . ro ro 'Il •'n li ro ' ql ql '../ 'Xi . 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WO \ \ \ \ \ \ \ \ N o NJ ro ro C) [)CCD) CD) CC) CD) C 1 t) 1) C 1 y ro ro y o N , z Z z Z 2 Z Z Z Z H .� C C O. (D n 8 a C. % % �O % % C) n C) C) C) Edgewater City Council Council Comments: Gene Emter September 24,2012 1. City Manager/City Clerk Evaluation Process: (copy evaluation form attached) Since the Council discussion on evaluations several months ago, and since I have not had a opportunity to participate in the process, I was wondering: • What is the process of the evaluation? • Who does what and when? • How are the results disseminated? I have just received a copy of the evaluation form and was surprised to see they were the same form,even though the positions and the required knowledge, skills,and performance, are quite different. I also went"on-line" and found a number of evaluation formats that are much more professional, specific, not so "intimidating", and directed toward improving performance rather than critiquing performance. I have had considerable experience in developing evaluation processes and have personally evaluated as many as 30 teachers three times a year, and 9 administrators at least twice a year. I believe our structure and form can and should be modified to provide more relevant information to both Council and the person being evaluated. I would suggest that 2 council members,the City Manager, and the City Clerk be named as a committee to evaluate the system and the form, and to offer recommendations to the City Council for improvement. I would be happy to participate. 2. Employee Benefit Fair: This was my first opportunity to attend the Benefits Fair coordinated by Donna Looney and Julie Christine. IT WAS FANTASTIC!! Congratulations to these two employees for putting on such a comprehensive, helpful,and fun event for all of the city employees. GREAT JOB. 3. Homeowners Assn Meeting Thanks to Tracey Barlow for organizing and presenting an overview of the city and its future growth to 20 representatives from various Homeowner Assns. in the city. From the people I talked to,they appreciated the attempt to bring them into the picture and to be able to express their concerns. I thought it went very well for a first attempt. 4. Fire Station Tour A first class station to show off to the community. Thanks to Chief Cousins and the fire dept. erye EDGEWATER City Manager Evaluation Tracey T. Barlow This form will be used by each member of the City Council to evaluate the City Manager's performance in fulfilling each of the roles. Each member of the council shall sign the form and may meet with the City Manager to review. The original signed evaluation must be forwarded to the Personnel Director and it shall be placed in the City Manager's personnel file. Evaluation Scale: 1 = poor performance in the area 2 = fair performance in the area 3 = good performance in the area 4 = excellent performance in the area 1. Professional Skills and Status: Ability to represent the City and present in a professional manner. Has the capacity for innovation. Anticipates problems and develops effective approaches for solving them. Willing to try new ideas proposed by the consensus of City Council members or staff. 2. Relationship with the City Council: Carries out directives based on the consensus of the City Council versus acting on a directive of an individual council member. Responds to request of City Council members in a reasonable time. Keeps the City Council informed of developing issues and initiatives. Receptive to information and/or any criticism provided by City Council members. 3. Policy Execution: Effectively implements the City Council actions in accordance to the intent of the majority City Council. Evaluates and makes recommendations to the City Council regarding the need for enhancements to City Ordinances. Reviews and makes appropriate changes to administrative policies. Equally enforces City Ordinances and Personnel Policies. 4. Citizen Relationship: Accommodates and appropriately handles and responds to citizen complaints and/or requests. Accommodates and appropriately handles and responds to the news media requests. Makes himself available to meet with citizens in order to assist them with information or a complaint. Cooperates and assist in fostering improving the relationships with neighboring communities and other governmental entities. 5. Staff Development: Recruits and retains competent staff for appropriate positions. Ability to identify weaknesses and provide enhancement solutions in personnel. Ability to assist staff with team-building initiatives in order to improve morale and productivity. Encourages staff to pursue additional education applicable to their responsibilities. 6. Fiscal Management: Prepares and submits a balanced budget with alternatives for City Council evaluation. Makes the best possible use of available funds in an effort to provide required and desired services in an efficient manner. Monitors operations and expenditures to assure appropriate and efficient use of available funds. Seeks alternative funding methods in order to enhance services and/or reduce or maintain tax leverage. 7. Planning: Encourages citizen involvement in planning initiatives for the City. Provides the City Council with impertinent information in order for them to make decisions for future comprehensive planning. Encourages the City Council to establish goals for the betterment of the City. Effectively implements strategies in order to carry-out goals established by the City Council. Additional comments: Signature Date EDGEWATER City Clerk Evaluation Bonnie Wenzel This form will be used by each member of the City Council to evaluate the City Clerks performance in fulfilling each of the roles. Each member of the council shall sign the form and may meet with the City Clerk to review. The original signed evaluation must be forwarded to the Personnel Director and it shall be placed in the City Clerk's personnel file. Evaluation Scale: 1 = poor performance in the area 2 = fair performance in the area 3 = good performance in the area 4 = excellent performance in the area 1. Professional Skills and Status: Ability to represent the City and present in a professional manner. Is self-motivated and will initiate tasks without having to be requested to do so. Anticipates problems and develops effective approaches for solving them. Willing to try new ideas proposed by the consensus of City Council members or staff. 2. Relationship with the City Council: Carries out directives based on the consensus of the City Council versus acting on a directive of an individual council member. Coordinates City Council schedules to ensure they are advised of and encouraged to attend important meetings and events. Keeps the City Council informed of developing issues and initiatives. Receptive to information and/or any criticism provided by City Council members. 3. Policy Execution: Effectively implements the City Council actions in accordance to the intent of the majority City Council. Evaluates and makes recommendations to the City Council regarding the need for enhancements to City Ordinances. Reviews and makes appropriate changes to administrative policies. Facilitates the City Council and all appropriate Boards to ensure all are educated and in compliance with applicable laws and ordinances. 4. Citizen Relationship: Accommodates and appropriately handles and responds to citizen complaints and/or requests. Accommodates and appropriately handles and responds to the news media requests. Makes herself available to meet with citizens in order to assist them with information or a complaint. Cooperates and assist in fostering improving the relationships with neighboring communities and other governmental entities. 5. Staff Development: Provides support and guidance to other directors in order to ensure the city operates within compliance of sunshine and records maintenance laws. Ability to identify weaknesses and provide enhancement solutions in personnel. Ability to direct and assist staff with assignments in order to improve morale and productivity. Encourages staff to pursue additional education applicable to their responsibilities. 6. Fiscal Management: Prepares and submits a balanced budget with alternatives for City Manager consideration. Makes the best possible use of allocated funds in an effort to provide required and desired services in an efficient manner. Monitors operations and expenditures to assure appropriate and efficient use of allocated funds. Seeks alternative funding methods in order to enhance services and/or reduce or maintain tax leverage. 7. Planning: Encourages citizen involvement in planning initiatives for the City. Provides the City Council with impertinent information in order for them to make decisions for future comprehensive planning. Encourages the City Council to establish goals for the betterment of the City. Effectively implements strategies in order to carry-out goals established by the City Council. Additional comments: Signature Date