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09-23-2013
Voting Order Councilwoman Bennington Councilman Ignasiak Councilman Emter Mayor Thomas Councilwoman Power AMENDED -AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 23, 2013 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a. Regular Meeting—August 19, 2013 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA 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. Addendum No. 1 to the Agreement between the City and Exum Energy, Inc. for gasoline and diesel fuel. b. Authorization to execute a contract with Harry's Painting & Enterprises, Inc., for the Water Treatment Plant Chemical Building Recarb Painting Services project. c. Award the Continuing Professional Engineering Services Contracts to Quentin L. Hampton Associates, Inc.; Kimley Horn& Associates and CPH,Inc. and authorize the City Manager to negotiate the contracts. d. Approval of the 2013/2014 Lines of Coverage Insurance Premiums in the amount of $573,946 and authorization for the City Manager to bind coverage. e. Addendum No. 2 to the Agreement for Green Waste Hauling and Disposal with Cloer & Sons, Inc. City Council Agenda September 23,2013 Page-2- 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 0 Reading—Ordinance No. 2013-0-17: Amending the General Employees' Pension Plan. b. 0 Reading—Ordinance No. 2013-0-18: Amending the Police Officers' Pension Plan. c. Resolution No. 2013-R-20: Modifying various fees/costs, surcharges and administrative fees. d. Resolution No. 2013-R-21: Approval of the Final Operating Millage Rates for Fiscal Year 2013/2014. e. Resolution No. 2013-R-22: Approval of the Final Voted Debt Service Millage Rates for Fiscal Year 2013/2014 f. Resolution No. 2013-R-23: Approval of the Final Budget providing for appropriations for Fiscal Year 2013/2014. 9. BOARD APPOINTMENTS -None at this time 10. OTHER BUSINESS a. Approval of Addendum No. 1 to the agreement between the City of Edgewater and Edgewater Garage Inc. b. FDG Flagler Station II, LLC requesting a Special Use Permit to construct a telecommunications tower in the Florida East Coast Railroad right-of-way south of 28th Street. c. Approval of the position of Victim Advocate and authorization for the Mayor or City Manager to execute the Grant Agreement. 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 7,2013. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. Ifyou are hearing or voice impaired,contact the relay operator at 1-800-955-8771. r l vL AGENDA REQUEST Date: September 11, 2013 PUBLIC HEARING RESOLUTION ORDINANC BOARD OTHER APPOINTMENT CONSENT 9/23/2013 BUSINESS_ ITEM DESCRIPTION: Addendum #1 to the Agreement between the City of Edgewater and Exum Energy, Inc. for Gasoline and Diesel Fuel. BACKGROUND: The City entered into an agreement with Exum Energy on February 13, 2012, for the purchase of Gasoline and Diesel Fuel. This agreement will expire on September 30, 2013. The contract piggybacked the City of Orange City's bid at a cost of $0.1376 over the rack rate when purchased. Addendum #1 will extend the contract through October 1, 2014. STAFF RECOMMENDATION: Approval of Addendum #1 with Exum Energy, Inc. ACTION REQUESTED: A motion to approve Addendum #1 with Exum Energy, Inc. and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director) $481,342 budgeted FY 2014 502 - 5555 - 580.52 -20 (SPECIFY IF PUDGET AMENDMENT IS REQUIRED) YES NO XX J ,Finance Di PREVIOUS AGENDA ITEM: If so, DATE: Respectfully submitted, Brenda L. Dewees Director of Environmental Services YES NO XX AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal Tracey . Barlow City anager ADDENDUM NUMBER I BETWEEN THE CITY OF EDGEWATER AND EXUM ENERGY By Agreement made and entered into this day of , 2013, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY ") whose mailing address is P. O. Box 100, Edgewater, FL 32132 -0100 and EXUM ENERGCY, (hereinafter referred to as "Contactor ") whose mailing address is 2179 State Road #44, New Smyrna Beach, FL 32168. WITNESSETH The CITY and Contractor mutually agree to amend that certain Agreement between the CITY and Contractor made and entered into on February 13, 2012 as follows: 1) Both parties wish to utilize the renewal option (in the piggy -back documents approved on February 13, 2012) contained in Section 3.29. RENEWAL - by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from September 30, 2013 through and until October 1, 2014. 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: WITNESSES: (Agreement \ExumEnergy - Addendum# 1 -2013) CITY OF EDGEWATER, FLORIDA By: Tracey T. Barlow City Manager Dated: EXUM ENERGY Dated: Chris Exum, Treasurer President ■n AGENDA REQUEST C.A. #2013- IFB -13 -ES -008 Date: September 12, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT September 23, 2013 BUSINESS ITEM DESCRIPTION: Water Treatment Plant Chemical Building Recarb Painting Services contract BACKGROUND: The City issued an Invitation for Bid (IFB) to perform painting services for the Water Treatment Plant, Chemical Building. Two firms responded and are listed below. Contractor will have 180 days to complete the project. The Contract will not be up for renewal. Spensieri Diversified, LLC $79,741 Harry's Painting & Enterprises, INC $59,100 STAFF RECOMMENDATION: The Selection Committee recommends that the City Manager be authorized to sign a contract with Harry's Painting & Enterprises, INC, for the Water Treatment Plant Chemical Building Recarb Painting Services project. ACTION REQUESTED Motion to authorize City Manager to issue a purchase order with Harry's Painting & Enterprises, INC, for the Water Treatment Plant Chemical Building Recarb Painting Services project. FINANCIAL IMPACT: The Water Treatment Plant painting is currently budgeted in our FY 2013 budget. (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: Respectful) ubmitte Jo an C. McKinney Fi0fice Director YES NO YES NO X AGENDA ITEM # Concurrence: Robin L. Matusick ,WParale al arlow City M Hager CITY OF EDGEWATER BID OPENING August 7, 2013 l� pE�' 2:00 P.M. WTP CHEMICAL BUILDING — RECARB PAINTING IFB- I3 -ES -08 Respondent Amount Spenser, �►yers�T � L� _ _ �� °?r-i � � `c- PUBLIC HEARING BOARD APPOINTMENT AGENDA REQUEST C.A. #2013- RFQ 13 -GS -006 Date: September 12, 2013 RESOLUTION ORDINANCE OTHER CONSENT September 23, 2013 BUSINESS ITEM DESCRIPTION: Recommendation of Award for Continuing Professional Engineering Services Contract(s) BACKGROUND: The City broadcast a Request for Qualifications for Professional Engineering Services in three categories, General Engineering (10 responses received), Dredging and Marine Design and Permitting (2 responses received), and Traffic Engineering (3 responses received). The Selection Committee ranked the firms and invited the top 5 General Engineering responders to make presentations. The Committee then reconvened and ranked the firms as follows: Quentin L Hampton Associates, Inc Kimley Horn & Associates, Inc CPH, Inc Bentley Architects & Engineers, Inc Zev Cohen & Associates, Inc Attachments: Master Grading Sheet STAFF RECOMMENDATION: The Selection Committee recommends that City Council award Continuing Professional Engineering Services Contracts to Quentin L. Hampton Associates, Inc., Kimley Horn & Assoicates, Inc, and CPH, Inc and grant authorization for City Manager to negotiate the contracts. ACTION REQUESTED: Motion to award Continuing Professional Engineering Services Contracts to Quentin L. Hampton Associates, Inc., Kimley Horn & Assoicates, Inc, and CPH, Inc and grant authorization for City Manager to negotiate the contracts. FINANCIAL IMPACT: (Finance Director) _ Line Item: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: If so, DATE: Res ectful submitted A t J athan C. McKinney Finance Director YES NO X AGENDA ITEM # Concurrence: Robin L. Matusick , Paralegal Trace . Barlow City anager W LY O U Ln J Q F O v a La C '> O � C 0) O � G 20 a Ln a La Lo c Y O i+ O U CL F J W Ln W 2 Ln Ln (u U z _y aii ❑ l9 Ln Q f6 C m O Q C C d 2 U O J CLO a) Ln ❑ ~ < W Q W C U Q al LL � O La kD z j O O N 0 Ln Q u r Y Z v o H w a = z o O U ac w Lv u C v U1 d CL m X Lo w 0 > C > O N m Y fC C_ u O n m O 3 Ln C N W u c W m V O LD N mV V V m V N V^ 't a 1l co N v m m M V V m d� °v V) O v v a v C ra m V N V V m V 00 Ol T 171 cr Q v m O Ln m LT Q1 O Ql Q1 C C w N v m m v OO L1A w t m v v N v H N O •O C i C r Y U L u C 3 co U C N Y O a O ❑. E 2 J c C Lv U O N Q 07j O U N C N N 0 Q 0� i O 2 y Y v LL LL Q H O N Cl) ' I lD V V m V V Q -:� 4!� z z z z z 00 N m 1-1 00 V V m N V Ln Ln 1l co N v m m m cr V) O N W Q C ra z V p co W m W 00 Ol T 171 cr Q 01 Q1 C m cu CD cu C C w C v m m v OO L1A w t w C u O Li C U N J C O N Y m V) O N � Q C ra V p N C C m cu CD cu C C w C 66 C C OO L1A w t w C u O to N O •O H U J F ❑ PUBLIC HEARING BOARD APPOINTMENT ITEM DESCRIPTION: AGENDA REQUEST Date: September 12, 2013 RESOLUTION ORDINANCE OTHER CONSENT September 23, 2013 BUSINESS `1d Lines of Coverage Insurance Premiums for the period from October 1, 2013 to September 30, 2014. BACKGROUND: Staff solicited renewals of all lines of coverage from our carrier Public Risk Insurance Agency. This item updates the Council on the City of Edgewater's property, liability, automobile, workers compensation and public officials' insurance renewal premium as solicited by our broker, Public Risk Insurance Agency. Our broker was able to secure lower premiums due to lower risks associated with our past claims experiences. STAFF RECOMMENDATION: Approve 2013/2014 Line of Coverage Insurance Premium in the amount of $573,946. ACTION REQUESTED: Motion to approve the 2013/2014 Line of Coverage Insurance Premium in the amount of $573,946 and authorize City Manager to bind coverage. FINANCIAL IMPACT: The total cost for Insurance premiums is budgeted in the Fiscal Year 2013 — 2014 operating budget. (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: N/A Respectfully submitted, L,,-6 - LAI (�_, r J than McKinney Finance Director YES NO YES NO X AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal ,/"raco T. Barlow City/Manager CITY OF EDGEWATER PREMIUM RECAPITULATION Annual Premium Check Option Accepted Rejected Property / Equipment Breakdown $ 171,291 ❑ Option 1 Stated Value Property / Equipment Breakdown $ 190,400 ❑ [ Option 2 Appraised Value Property / Equipment Breakdown $ 82,276 ❑ W Option 3 Non - Utilities Stated Value Property / Equipment Breakdown $ 87,503 5& ❑ Option 4 Non - Utilities Appraised Value Inland Marine $ 12,556 x ❑ Starr Tech Property — Utilitites Only (includes engineering fee & surcharges) $ 58,101 5� ❑ Certified TRIA $ 1,161 ❑ Non - Certified TRIA $ 129 ❑ Crime / Employee Dishonesty $ 2,669 IR ❑ General Liability $ 44,823 >t ❑ Law Enforcement Liability $ 20,022 K ❑ Public Officials / Employment Practices Liability $ 35,495 k ❑ Automobile Liability & Physical Damage $ 58,843 3� ❑ Workers' Compensation $ 251,151 �k ❑ AD &D $ 2,783 k ❑ Fiduciary — Police *$ 2,590 ❑ ❑ Fiduciary — General EE *$ 3,669 ❑ ❑ Fiduciary — Firefighters *$ 2,455 ❑ ❑ *INDICATIONS ONLY - Unable to obtain renewal quotes until AVR's are submitted I authorize PRIA to request the underwriters to bind coverage on the items indicated above and acknowledge receipt of the Compensation and Financial Condition Disclosure(s) provided in this proposal. (Signature) (Name & Title) (Date) A011,11111111 N 111 a AGENDA REQUEST Date: September 12, 2013 Memo # 2013 -133 PUBLIC HEARING September 23, 2013 RESOLUTION BOARD APPOINTMENT ITEM DESCRIPTION: First Reading - BACKGROUND: CONSENT M ORDINANCE September 23, 2013 OTHER BUSINESS Ordinance #2013 -0 -17 Amending the General Employees' Pension Plan The Internal Revenue Code (IRC) made recent changes to their Code relating to tax qualified pension plans. These required changes are mandatory and should be made by September 30, 2013. With these additional changes, the pension plan will comply with all required applicable IRC changes and updates. Ordinance #2013 -0 -17 amends Section 1.02 (Definitions) to amend the definition of Credited Service and Section 4.02 (Benefit Limitation) to comply with recent changes to the IRC relating to tax qualified pension plans such as this plan. The Board of Trustees Attorney, Lee Delmer has supplied the attached Ordinance for consideration by Council at first reading. STAFF RECOMMENDATION: Staff recommends that the City Council consider approval of Ordinance #2013 -0 -17 which amends the General Employees' Pension Plan. ACTION REQUESTED: Motion to approve Ordinance #2013 -0 -17 at first reading. FINANCIAL IMPACT: (Finance Director) None pursuant to the attached letter from Foster & Foster (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: Respectfully subm Trace. Barlow City anager YES NO YES AGENDA ITEM # Concurrence: NO X Robin L. Matusick Paralegal U Donna Looney Personnel Director FOSTER & FOSTER ACTUARIES AND CONSULTANTS September 5, 2013 VIA EMAIL AND MAIL Board of Trustees City of Edgewater General Employees' Pension Board P.O. Box 100 Edgewater, FL 32132 -0100 Re: City of Edgewater General Employees' Retirement Plan Dear Board: In response to Lee Dehner's letter dated August 16, 2013, we have reviewed the proposed Ordinance (identified on page 18 as ksh /edge /gen /08- 13- 13.ord), amending the Plan to comply with recent changes to the Internal Revenue Code, and have determined that adoption of these changes will have no impact on the assumptions used in determining the funding requirements of the program. Because the changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance to each of the following offices: Mr. Keith Brinkman Bureau of Local Retirement Systems Division of Retirement P. O. Box 9000 Tallahassee, FL 32315 -9000 If you have any questions, please let me know. Sincerely, Doug . Lozen, EA, MAAA cc: H. Lee Dehner, Board Attorney 13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 • (239) 433 -5500 • Fax (239) 481 -0634 • www.foster- foster.com ORDINANCE NO. 2013-0-17 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE CITY OF EDGEWATER GENERAL EMPLOYEES' RETIREMENT PLAN BY AMENDING SECTION 1.02, DEFINITIONS BY AMENDING THE DEFINITION OF "YEARS OF SERVICE "; AMENDING SECTION 4.02, BENEFIT LIMITATION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; SECTION 1: That the City of Edgewater General Employees' Retirement Plan, is hereby amended by amending Section 1.02, Definitions by amending the definition of "Years of Service ", to read as follows: 011" •. MRATARIV • - Ilk ailk Years of Service means the total number of years and fractional parts of years of service as a general employee with member contributions, when required, omitting intervening years or fractional parts of years when such member was not employed by the city general employee. A member may voluntarily leave his accumulated contributions in the fund for a period of five (5) years after leaving the employ of the city pending the possibility of being reemployed eemployed as a general employee without losing credit for the time that he was a member of the system. If a vested member leaves the employ of the city, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a eg neral employee with the city within five (5) years, his accumulated contributions, if one thousand dollars (,$1,000.00) or less, shall be returned. If a member who is not vested is not reemploy within five (5) years his accumulated contributions, if more than one - thousand dollars ($1,000.00), will be returned only upon the written request of the member and upon completion of a written election to receive a cash lump sum or to rollover the lump sum amount on forms designated by the hoard_ IJnon return of a member's accumulated contributions. all of his rights and benefits under the s Strikes. passages are deleted. Underlined passages are added. #2013 -0 -17 are forfeited and -1- The years or parts of a year that a member performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act ( USERRA) (P.L.103 -353), after separation from employment as a general employee to perform training or service, shall be (a) The member is entitled to reemployment under the provisions of USERRA. The member returns to his employment as a general employee within one (1 ) year following the earlier of the date of his military discharge or his release from service, unless otherwise required by USERRA. contributecl, it any, it ne nad remained a general employee during pis absence. The maximum credit for military service pursuant to this subdivision shall be five (5) years. The member must deposit all missed contributions within a period equal to three times the period of military service, but not more than five (5) years, following re-employment e employment or he will forfeit the right to receive service for his military service pursuant to this paragraph. This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a member dies on or after January 1. 2007. while performing USERRA Qualified Military Service, the beneficiaries of the member are entitled to any benefits (other than benefit accruals relating to the period of qualified military service) as if the member had resumed employment and then died while employ Beginning January anuary 1, 2009, to the extent required by section 414(u)(12) of the code, an individual receiving differential wage navments (as defined under section 3401(h)(2) of the payment shall be treated as compensation for purposes of applying the limits on annual additions under section 415(c) of the code. This provision shall be applied to all similarly situated individuals in a reasonablv eauivalent manner. SECTION 2: That the City of Edgewater General Employees' Retirement Plan, is hereby amended by amending Section 4.02, Benefit Limitation, to read as follows: SECTION 4.02- BENEFIT LIMITATION. .. OWN Str -ik�.„ through passages are deleted. Underlined passages are added. #2013 -0 -17 -2- '41141110 wom 9101, Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 -3- I W-A Strike gh passages are deleted. Underlined passages are added. #2013 -0 -17 ME •� ATA IT - — ----------- w TTF WA! Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 -5- MINORU 011MINAN MINN. N. MI., I W-11 ow WNWANOW-Mil. 001.1" Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 -5- MINORU N. Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 -5- m a \ • ■ • • i Strike `passages are deleted. Underlined passages are added. U)POIRS11161 m • • • \ �� ■- • • _ : _ • ■. \. WE MT�Mjbyffluw • ■ • ■- Strike `passages are deleted. Underlined passages are added. U)POIRS11161 m •- �� • • \ �� ■- • • _ : _ • ■. NOW\ Strike `passages are deleted. Underlined passages are added. U)POIRS11161 m Strike th ough passages are deleted. Underlined passages are added. #2013 -0 -17 -7- _ ♦ 1. ' P.M. Mill vol .011. 4111 ~Ift WIN 1 I Strike th ough passages are deleted. Underlined passages are added. #2013 -0 -17 -7- _ ♦ 1. ' P.M. Mill .011. 4111 ~Ift Strike th ough passages are deleted. Underlined passages are added. #2013 -0 -17 -7- Strike g" passages are deleted. Underlined passages are added. EN1UMCNIVA ♦ - . ♦. - _: MINE ♦ \ I ON- —""" -iffim", 11 NO ... I 1 -1; 11 O ..qwd - - 1 , Strike g" passages are deleted. Underlined passages are added. EN1UMCNIVA ♦ - . ♦. - _: MINE ♦ \ 11 ilop Al' . \ ♦ \ • mm- ♦ 1 I . Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 RINI. . in - �- " NI WIN., m I �. �. IIIIIIIIIIIIAIIIIIIIIIIIIIII OWN oil MI-11 —.01110,11 Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 RINI. . in - �- Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 RINI. . in Mm UL= o-RaraowsMUE ix i ATATA I Will- 1101661161 Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 -10- • .ess�eets���strs�:e!�sr�sers. .. .. . • .ess�eets���strs�:e!�sr�sers. . MMF WIN 11 1,111911 �� Stfikh passages are deleted. Underlined passages are added. #2013 -0 -17 -11- . czsr., esssarsc�r.�� sT�rsrrs r -s�sa� :uses ::.ars:r�raasr:�rs�rr�,. rg --mVINNINNOW. W-011.11-16.1 .ter 1. W-'-- N-,,, ON i ........... Stf ike through passages are deleted. Underlined passages are added. #2013 -0 -17 -12- a, IMMIK MINOR 1191 1 W. I i= mp . •�. . czsr., esssarsc�r.�� sT�rsrrs r -s�sa� :uses ::.ars:r�raasr:�rs�rr�,. rg --mVINNINNOW. W-011.11-16.1 .ter 1. W-'-- N-,,, ON i ........... Stf ike through passages are deleted. Underlined passages are added. #2013 -0 -17 -12- a, IMMIK (a) Basic Limitation. Notwithstanding any other provisions of this System to the contrary, the Member contributions paid to, and retirement benefits paid from the System shall be limited to such extent as may be necessary to conform to the requirements of Code Section 415 for a qualified retirement plan. Before January 1, 1995, a plan member may not receive an annual benefit that exceeds the limits specified in Code Section 415(b ), subject to the applicable adjustments in that section. On and after January 1, 1995, a plan member may not receive an annual benefit that exceeds the dollar amount specified in Code Section 415(b)(1)(A) ($160,000), subject to the applicable adjustments in Code Section 415(b) and subject to any additional limits that may be specified in this System. For purposes of this Section "limitation year" shall be the calendar For purposes of Code Section 415(b) the "annual benefit" means a benefit payable annually in the form of a straight life annuity (with no ancillary benefits) without regard to the benefit attributable to after -tax employee contributions (except pursuant to Code Section 415(n) and to rollover contributions (as defined in Code Section 415(b)(2)(A)). The "benefit shall be T Adjustments to Basic Limitation for Form of Benefit. If the benefit under the plan is other than the annual benefit described in subsection (a), then the benefit shall be adjusted so that it is the equivalent of the annual benefit using factors prescribed in Treasury Regulations. If the form of the benefit without regard to any automatic benefit increase feature is not a straight life annuity or r a qualified joint and survivor annuity, then the preceding sentence is applied by either reducing the Code Section 415(b ) limit applicable at the annuity starting date or adjusting the form of benefit to an actuarially equivalent amount determined using the assumptions specified in Treasury Regulation Section 1.415(b)- c)(2)(ii)) that the benefits under the form of Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 (i) The annual amount of the straight life annuity (if any) payable to the Member under the Plan commencing at the same annuity starting date as the form of benefit to the Member, or -13- Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 ii The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the Member, computed using a five percent 5 %) interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables described in Treasury Regulation Section 1.417(e)- 1(d)(2) (Revenue Ruling 2001 -62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Rulings 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in Section 417(e)(3)(B) of the Code (Notice 2008 -85 or any subsequent Internal Revenue Service guidance implementing Section 417(e)(3) B) of the Code); or For a benefit paid in a form to which Section 417(e)(3) of the Code The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable computed using the interest rate and mortality table or tabular factor, specified in the Plan for actuarial experience; ii The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable computed using a five and one half percent (5.5%, interest assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)- I (d)(2) (the mortality table specified in Revenue Ruling 2001 -62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Ruling 2001 -62), and (ii) for years after December 31, 2008, the applicable mortality tables described in Section 417(e)(3) B) of the Code (Notice 2008 -85 or any subsequent Internal Revenue Service guidance implementing section 417(e) 3)(B) of the Code); or iii The annual amount of the straight life annuitv commencing at the annuitv starting date that has the same (computed using the he applicable interest rate for the distribution under Treasury Regulation Section 1.417(e) -1(d)O (the 30 -year Treasury rate (prior to January 1, 2007, using the rate in effect for the month prior to retirement, and on and after January 1 2007 using the rate in effect for the first day of the Plan Year with a one- year stabilization period)) and (i) for years prior to Januqu I 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)-I(d)(2) (the mortality table specified in Revenue Ruling 2001 -62 or any subsequent Revenue Ruling modifvinv- the applicable provisions of Revenue Ruling -14- 2001 -62), and (ii) for years after December 31 2008 the applicable mortality tables described in Section 417(e)(3 )(B) of the Code (Notice 2008 -85 or an subsequent Internal Revenue Service guidance imnlementina Section 417(e)(3)(B) of the Code)_ divided by 1.05. (33,) The actuary adjust the 415(b) limit at the annuity starting date in accordance with subsections (1) and (2) above. (c) Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: (11,) Any ancillary benefit which is not directly related to retirement income benefits; (22,) Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of Code Section 415(b)(1): and (33,) That portion of any joint and survivor annuity that constitutes a qualified joint and survivor annuity_ COLA Effect. Effective on and after January 1, 2003, for purposes of applying the limits under Code Section 415(b) (the "Limit "), the following will apply: (11,) A Member's applicable limit will be applied to the Member's annual benefit in the Member's first limitation vear of benefit under (22,) thereafter, in any subsequent limitation year, a Member's annual benefit, including any automatic cost of living increases shall be tested under the then applicable benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d). and the regulations thereunder; but in no event shall Section 415(d) and the regulations thereunder. Uplicable Treasury Regulations. (e) Other Adjustments in Limitations. Strike ough passages are deleted. Underlined passages are added. #2013 -0 -17 -15- (D In the event the Member's retirement benefits become payable before age sixty -two (62) the limit prescribed by this Section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of Code Section 415(b ) of the Code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). In the event the Member's benefit is based on at least fifteen (15) years of Service as a full -time employee of the police or fire department of the City, the adjustments provided for in (e)(1) above shall not apply. (3,) The reductions provided for in (e)(1) above shall not be applicable to disability benefits pursuant to Section 5.03, or pre- retirement death benefits paid pursuant to Section 5.01. (4) In the event the Member's retirement benefit becomes payable after age sixty-five (65), for purposes of determining whether this benefit meets the limit set forth in subsection (a) herein, such benefit shall be adjusted so that it is actuarially quivalent to the benefit beginning at age sixty-five (65). This adjustment shall be made in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. (f ) Less than Ten (10) Years of Participation or Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of Service with the City shall be the amount determined under subsection (a) of this Section multiplied by a fraction the numerator of which is the number of the Member's years of Service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10% of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre- retirement disability benefits paid pursuant to Section 5.03 or pre - retirement death benefits paid pursuant to Section 5.01. (g) Participation in Other Defined Benefit Plans. The limit of this Section with respect to any Member who at any time has been a member in any other defined benefit plan as defined in Code Section 414(j) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the Member has been a member were payable from one plan. Ten Thousand Dollar ($10,000) Limit; Less Than Ten Years of Service. Notwithstanding anything in this Section 4.02, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limit set forth in this subsection (h) of Section 4.02 if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes do not exceed ten thousand dollars ($10,000 ) for the applicable limitation year and for any prior limitation year and the City has not any time maintained a qualified defined contribution plan in which the Member participated; provided, however, that if the Member has completed less than ten (10) years of Strike thfough passages are deleted. Underlined passages are added. #2013 -0 -17 -16- Service with the City, the limit under this subsection (h) of Section 4.02 shall be a reduced limit equal to ten thousand dollars ($10,000 ) multiplied by a fraction, the numerator of which is the number of the Member's years of Service and the denominator of which is ten (10). (i� Reduction of Benefits. accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. Service Credit Purchase Limits. W Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a Member makes one or more contributions to purchase permissive service credit under the System, then the requirements of this Section will be treated as met only if: the requirements of Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or ii the requirements of Code Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of Code Section 415(c). For purposes of applying subparagraph (j)(1)(i ), the System will not fail to meet the reduced limit under Code Section 415(b,(2)(c) solely by reason of this subnaraeranh. and for nurnoses of annlvini! subnaragranh (i)(1)(ii) the System will not tail to meet the percentage limitation under Section 415(c)(1)(B) of the Internal Revenue Code solely by reason of this subnarai!ranh. For purposes of this subsection the term "permissive service credit" means service credit- (i) recognized by the System for purposes of calculating a Member's benefit under the plan, the plan, and StAke�}.� through passages are deleted. Underlined passages are added. #2013 -0 -17 ii which such Member has not received under -17- (iii) which such Member may receive only by making a voluntary additional contribution, in an amount determined under the System, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, such term may, if otherwise provided b the System, include service credit for periods for which there is no performance of service, and, notwithstanding clause (j)(2)(ii), may include service credited in order to provide an increased benefit for service credit which a Member is receiving under the System. Contribution Limits. For purposes of applying the Code Section 415(c) limits which are incorporated by reference and for purposes of this subsection W. onlv and for no other purpose. the definition of compensation where a limitation year, except as noted below and as permitted by Treasury Regulations Section 1.415(c) -2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c) -2, or successor regulation, is specified by the System, compensation will be defined as wages within the meaning of Code Section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employe a written statement under Code Sections 6041(d), 6051(a and 6052 and will be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employm as the excention for agricultural labor i Strike *„cc through passages are deleted. Underlined passages are added. #2013 -0 -17 election under Code Sections 1250 402(e)(3), 402(h (1� )(B), 402(k). or 457(b). For limitation vears beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of Code Section 132(f)(4). ii For limitation years beginning on and after January 1, 2007, compensation for the limitation year will also include compensation paid by the later of 2'/2 months after an from employment if: A. the payment is regular -18- payments and absent a severance from employment the payments would have been paid to the employee while the employee continued in employment with the employer; or B. the payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. iii Back pay, within the meaning of Treasury Regulations Section 1.415(c)- 2(g )(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back _pay represents wages and compensation that would otherwise be included under this definition. Notwithstanding any other provision of law to the contrary, the Board may modify a request by a Member to make a contribution to the System if the amount of the contribution would exceed the limits provided in Code Section 415 by using the followinii methods: in excess of the limits under Code Sections 415(c) or 415(n). ii) If payment pursuant to subparagraph (k)(2) i) will not avoid a contribution in excess of the limits imposed by Code Section 415(c), the Board may either reduce the Member's contribution to an amount within the limits of that section or refuse the Member's contribution. (3) If the annual additions for any Member for a limitation year exceed the limitation under Section 415(c) of the Code the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). For limitation years beginning on or after January 1 2009 a Member's compensation for purposes of this subsection (k) shall not exceed the annual limit under Section 401(a)(17) of the Code. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: That this Ordinance shall become effective upon its adoption. Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 -19- After Motion to approve by with Second by the vote on the first reading /public hearing of this ordinance held on 2013, was as follows: AYE NAY Mayor Mike Thomas Councilman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve by with Second by the vote on the second reading /public hearing of this ordinance held on _ 2013, was as follows: Mayor Mike Thomas Councilman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 -20- AYE NAY PASSED AND DULY ADOPTED this day of '2013. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe& Kundid Strike through passages are deleted. Underlined passages are added. #2013 -0 -17 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2013 under Agenda Item No. 8 -21- AGENDA REQUEST Date: September 12, 2013 Memo # 2013 -134 PUBLIC HEARING September 23, 2013 RESOLUTION BOARD APPOINTMENT CONSENT • N ORDINANCE September 23, 2013 OTHER BUSINESS ITEM DESCRIPTION: First Reading - Ordinance 92013 -0 -18 Amending the Police Officers' Pension Plan BACKGROUND: The Internal Revenue Code (IRC) made recent changes to their Code relating to tax qualified pension plans. These required changes are mandatory and should be made by September 30, 2013. With these additional changes, the pension plan will comply with all required applicable IRC changes and updates. Ordinance #2013 -0 -18 amends Section 1.02 (Definitions) to amend the definition of Credited Service and Section 4.02 (Benefit Limitation) to comply with recent changes to the IRC relating to tax qualified pension plans such as this plan. The Board of Trustees Attorney, Lee Delmer has supplied the attached Ordinance for consideration by Council at first reading. STAFF RECOMMENDATION: Staff recommends that the City Council consider approval of Ordinance #2013 -0 -18 which amends the Police Officers' Pension Plan. ACTION REQUESTED: Motion to approve Ordinance 92013 -0 -18 at first reading. FINANCIAL IMPACT: (Finance Director) None pursuant to the attached letter from Foster & Foster (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: If so, DATE: Respectfully submitted, i4g. , 4KI-'-- racey . arlow /City Xanager YES NO X AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal Donna Looney Personnel Director 140-- FOSTER & FOSTER ACTUARIES AND CONSULTANTS September 10, 2013 VIA EMAIL AND MAIL Board of Trustees City of Edgewater Police Officers' Pension Board P.O. Box 100 Edgewater, FL 32132 -0100 Re: City of Edgewater Police Officers' Pension Plan Dear Board: In response to Lee Dehner's letter dated August 16, 2013, we have reviewed the proposed Ordinance (identified on page 14 as ksh /edge /pol /08- 16- 13.ord) amending the Plan to comply with recent changes to the Internal Revenue Code and have determined that its adoption will have no impact on the assumptions used in determining the funding requirements of the program. Because the changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance to each of the following offices: Mr. Keith Brinkman Bureau of Local Retirement Systems Division of Retirement P. O. Box 9000 Tallahassee, FL 32315 -9000 If you have any questions, please let me know. Sincerely, Dou . Lozen, EA, MAAA Ms. Sarah Carr Municipal Police and Fire Pension Trust Funds Division of Retirement P.O. Box 3010 Tallahassee, FL 32315 -3010 13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 • (239) 433 -5500 • Fax (239) 481 -0634 • www.foster- foster.com ORDINANCE NO. 2013-0-18 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE CITY OF EDGEWATER POLICE OFFICERS' RETIREMENT PLAN BY AMENDING SECTION 1.02, DEFINITIONS BY AMENDING THE DEFINITION OF "YEARS OF SERVICE "; AMENDING SECTION 4.02, BENEFIT LIMITATION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; SECTION 1: That the City of Edgewater Police Officers' Retirement Plan, is hereby amended by amending Section 1.02, Definitions, by amending the definition of "Years of Service ", to read as follows: Years of Service means the total number of years and fractional parts of years of service )lice officer with member contributions when required omitting intervening_ years or gal parts of years when such member was not employed by the city as a police officer. A r may voluntarily leave his accumulated contributions in the fund for a period of five (5) .ter leaving the employ of the city pending the possibility of being reemployed as a police officer, without losing credit for the time that he was a member of the system If a vested member leaves the employ of the city, his accumulated contributions will be returned only upon his written request. If a member who is not vested is not reemployed as a police officer with the city within five (5) years his accumulated contributions if one thousand dollars ($1,000.00) or less, shall be returned. If a member who is not vested is not reemployed within five (5) years his accumulated contributions, if more than one - thousand dollars ($1,000.00), will be returned only upon the written request of the member and upon completion of a written election to receive a The years or parts of a year that a member performs "Qualified Military Service" consisting of voluntary or involuntary "service in the uniformed services" as defined in the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P L 103 -353), 1 Strife thfeugh passages are deleted. Underlined passages are added. #2013 -0 -18 after separation from employment as a police officer to perform training or service shall be added to his years of service for all purposes, including vesting, provided that: (a) The member is entitled to reemployment under the provisions of USERRA. The member returns to his employment as a police officer within one (1) year following the earlier of the date of his military discharge or his release from service, unless otherwise required by USERRA. (c) The member posits into the fun( if he hnd remni imum credit for military service pu s. The member must deposit all mi times the period of military se but not more th; his absence. The to This paragraph is intended to satisfy the minimum requirements of USERRA. To the extent that this paragraph does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards shall apply. In the event a member di resumed Service, the beneficiaries of the member are entitled to als relating to the period of qualified military service) as ent and then died while employed. January 1. 2009. to the extent reauired by section 414(u) individual receiving differential wage payments (as defined under section 3401(h)(2) of the code) from an emnlover shall be treated as emnloved by that emplover. and the differential wage payment snail ne treatea as compensation for purposes of apptytng the limits on annual aaaitions under section 415(c) of the code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner. SECTION 2: That the City of Edgewater Police Officers' Retirement Plan, is hereby amended by amending Section 4.02, Benefit Limitation, to read as follows: SECTION 4.02- BENEFIT LIMITATION. W-- .. Rsr.�s�:e!sr�eeestre!re 2 St.-:L through passages are deleted. Underlined passages are added. #2013 -0 -18 rm r nr re��s: -ice. ...� 7�� Strike thf ough passages are deleted. Underlined passages are added. #2013 -0 -18 -01111-1 Ell Nil INSUP""i loll ♦ _ KNOWN NOW-- NOW 1401" MIN Ii ♦ 1 I 7�� Strike thf ough passages are deleted. Underlined passages are added. #2013 -0 -18 if Strike thfough passages are deleted. Underlined passages are added. #2013 -0 -18 . . . . MIN ....... NO TAMWIAWATATAINCTORM"M 21 rXONOMM"N"MWAS • Is I I Iiii •• - - •• �. sssr�_ Strike thfough passages are deleted. Underlined passages are added. #2013 -0 -18 w ► c+: ee�ersr_ �: eees� :�se�e�:*:�re!e�:ee�r:r��!�s . i \. • \. • • 01. IN im W. i . • Im NO I NEI -111 Strike through passages are deleted. Underlined passages are added. #2013 -0 -18 by w-hieh the benefits commence before the month in which the x- age- -emote- age 62 is detefmined as t=kclesser- ozf the actuarial r esesElr�. \ _ \ - NIN o• \- \. � a "K.W., Mm a MM WIM-M F.CrUrrm"I 9 MMIM .. (3) if the Annual Benefit of the Paftieipant commenees after Strike through passages are deleted. Underlined passages are added. #2013 -0 -18 •• i•iij • • i IN MINE Lww Strike thfeugh passages are deleted. Underlined passages are added. #2013 -0 -18 ON -WNW IN Viow 1. MIIR ON ��• Strike g; passages are deleted. Underlined passages are added. #2013 -0 -18 (a) Basic Limitation. Notwithstanding any other provisions of this System to the contrary, the Member contributions paid to, and retirement benefits paid from, the System shall be limited to such retirement elan. Before January 1. 1995. a elan member may not receive an annual benefit that in that -it that applicable adiustments in Code Section 415(b) and subiect to anv additional limits that may be specified in this Svstem. For purooses of this Section. "limitation vear" shall be the calendar year. For purposes of Code Section 415(b), the "annual benefit" means a benefit payable annually in the form of a straight life annuity (with no ancillary benefits) without regard to the benefit attributable to after -tax employee contributions (except pursuant to Code Section Strike through passages are deleted. Underlined passages are added. #2013 -0 -18 415(n) and to defined in Code Section 4 Adjustments to Basic Limitation for Form of Benefit. If the benefit under the plan is other than the annual benefit described in subsection (a), then the benefit shall be adjusted so that it is the equivalent of the annual benefit using factors prescribed in Treasury Regulations. If the form of the benefit without regard to any automatic benefit increase feature is not a straight life annuity or a qualified joint and survivor annuity, then the preceding sentence is applied by either reducing the Code Section 415(b) limit applicable at the annuity starting date or adjusting the form of benefit to an actuarially equivalent amount (determined using the assumptions specified in Treasury Regulation Section 1.415(b)- I(c)(2)(ii)) that takes into account the additional benefits under the form of benefit as follows: (11) For a benefit paid in a form to which Section 417(e)(3) of (ii) The annual amount of the straight life annuity (if any) payable to the Member under the Plan commencing at the same annuity starting date as the form of benefit to the Member, or ii The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the form of benefit payable to the Member, computed using a five percent (5 %) interest assumption (or the applicable statutory interest assumption ) and (i) for years prior to January 1, 2009, the applicable mortality tables described in Treasury Regulation Section 1.417(e)- 1(d)(2) (Revenue Ruling 2001 -62 or any subsequent Revenue Ruling modifying the applicable provisions of Revenue Rulings 2001 -62), and (ii) for years after December 31, 2008, the applicable mortality tables described in Section 417(e)(3)(B) of the Code (Notice 2008 -85 or any subsequent Internal Revenue Service guidance implementing Section 417(e) 3)(B) of the Code For a benefit paid in a form to which Section 417(e)(3) of the Code applies (generally, a lump sum benefit), the actuarially equivalent straight life annuity benefit that is the greatest o£ (i) The annual amount of the straight life annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, computed using the interest rate and mortality table, or tabular factor, specified in the Plan for actuarial experience; ii The annual amount of the straight annuity commencing at the annuity starting date that has the same actuarial present value as the particular form of benefit payable, 10 Strike through passages are deleted. Underlined passages are added. #2013 -0 -18 computed using a five and one half percent (5.5%) assumption (or the applicable statutory interest assumption) and (i) for years prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)- or any subsequent Revenue Ruling modifying the he applicable provisions of Revenue Ruling 2001-62), and (ii) for years after December 31, 2008, the applicable mortality tables described in Section 417(e)(3)(B) of the Code (Notice 2008 -85 or any subsequent Internal Revenue Service guidance implementing section 417(e)(3)(B) of the Code); or iii The annual amount of the straight life annuitv commencing at the annuitv starting date that has the same (computed using the he applicable interest rate for the distribution under Treasury Regulation Section 1.417(e)-l(d)(3 )(the 30-year Treasury rate prior to January 1, 2007, using the rate in effect for the month prior to retirement, and on and after January 1, 2007, using the rate in effect for the first day of the Plan Year with a one - year stabilization period)) and (i ) for e�prior to January 1, 2009, the applicable mortality tables for the distribution under Treasury Regulation Section 1.417(e)- 1(d)(2) (the mortalitv table Ruling modify the he applicable provisions of Revenue Ruling 2001-62), and GO for ,years after December 31, 2008, the ,qplicable mortality tables described in Section 417(e)(3)(B) of the Code (Notice 2008 -85 or any subsequent Internal Revenue Service 1 The actuary may adjust the 415(b) limit at the annuity starting date in accordance with subsections (1) and (2 ) above. (c) Benefits Not Taken into Account. For purposes of this Section, the following benefits shall not be taken into account in applying these limits: Any ancillary benefit which is not directly related to retirement income benefits; W )f the Code and Regulations thereunder to be taken into account for mrooses of the limitation of Code Section 415(b)(1): and 11 Strike passages are deleted. Underlined passages are added. #2013 -0 -18 That portion of any joint and survivor itutes a Qualified ioint and survivor annuity. COLA Effect. Effective on and after 415(b) (the "Limit "). th 2003, for purposes of applying the limits under will annly: A Member's applicable limit will be applied to the Member's annual benefit in the Member's first limitation year of benefit payments without regard to any automatic cost of living adjustments; Q thereafter, in any subsequent limitation year, a Member's annual benefit, including any automatic cost of living increases shall be tested under the then applicable benefit limit including any adjustment to the Code Section 415(b)(1)(A) dollar limit under Code Section 415(d) (3) in no event shall a Member's benefit payable under the _limitation year be greater than the limit applicable at the Unless otherwise specified in the System for purposes of applying the limits under Code Section 415(b) a Member's applicable limit will be applied taking into consideration cost of living increases as required by Section 415(b) of the Internal Revenue Code and applicable Treasury Regulations. Le) Other Adjustments in Limitations. f In the event the Member's retirement benefits become payable before age sixty -two (62) the limit prescribed by this Section shall be reduced in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of Code Section 415(b) of the Code, so that such limit (as so reduced) equals an annual straight life benefit (when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160,000) annual benefit beginning at age sixty-two (62). fifteen not apply. shall (33,) The reductions provided for in (e) 1) above shall not be applicable to disability benefits pursuant to Section 5.03 or pre- retirement death benefits paid pursuant to Section 5.01. In the event the Member's retirement benefit becomes payable after age sixty -five (65 ), for purposes of determining whether this 12 Strike through passages are deleted. Underlined passages are added. #2013 -0 -18 benefit meets the limit set forth in subsection (a) herein such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five 65). This adjustment shall be made in accordance with (f ) Less than Ten (10) Years of Participation or Service. The maximum retirement benefits payable under this Section to any Member who has completed less than ten (10) years of Service with the City shall be the amount determined under subsection (a) of this Section multiplied by a fraction, the numerator of which is the number of the Member's years of Service and the denominator of which is ten (10). The reduction provided by this subsection cannot reduce the maximum benefit below 10% of the limit determined without regard to this subsection. The reduction provided for in this subsection shall not be applicable to pre- retirement disability benefits paid pursuant to Section 5.03, or pre- retirement death benefits paid pursuant to Section 5.01. W Participation in Other Defined Benefit Plans. The limit of this Section with respect to any Member who at any time has been a member in any other defined benefit plan as defined in Code Section 414(j) maintained by the City shall apply as if the total benefits payable under all City defined benefit plans in which the Member has been a member were payable from one plan. (h) Ten Thousand Dollar ($10,000) Limit; Less Than Ten Years of Service. Notwithstanding an3lhing in this Section 4.02, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limit set forth in this subsection (h)o Section 4.02 if the benefits payable, with respect to such Member under this System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed ten thousand dollars ($10.000) for the applicable limitation vear and for anv nrior limitation vear and the City has not any time maintained a qualified defined contribution plan in which the Member participated; provided, however, that if the Member has completed less than ten (10) vears of (ii,) Reduction of Benefits. Reduction of benefits and /or contributions to all plans, where required, shall be accomplished by first reducing the Member's benefit under any defined benefit plans in which Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such nrioritv as shall he determined by the Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be established by the Board and the plan administrator for such other plans provided, however, that necessary reductions may be made in a different manner and 13 s.r;kh passages are deleted. Underlined passages are added. #2013 -0 -18 priority pursuant to the agreement of the Board and the plan administrator of all other plans covering such Member. Service Credit Purchase Limits. Effective for permissive service credit contributions made in limitation years beginning after December 31, 1997, if a Member makes one or more contributions to purchase permissive service credit under the System, then the requirements of this Section will be treated as met only i£ the requirements of Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Code Section 415(b), or ii the requirements of Code Section 415(c ) are met, determined by treating all such contributions as annual additions for purposes of Code Section 415(c). For purposes of applying subparagraph (j )(1)(i), the System will not fail to meet the reduced limit under Code Section 415(b)(2)(c) solely by reason of this subparagraph, and for purposes of applying subparagraph (j)(1)(ii) the System will not fail to meet the percentage limitation under Section 415(c)(1 )(B) of the Internal Revenue Code solely by reason of this subparagraph. For purposes of this subsection the term "permissive service credit" means service credit- (i) recognized by the System for purposes of calculating a Member's benefit under the plan, ii which such Member has not received under the plan, and iii which such Member may receive only by making a voluntary additional contribution, in an amount determined under the System, which does not exceed the amount necessary to fund the benefit attributable to such service credit. Effective for permissive service credit contributions made in limitation vears beginning after December 31. 1997. such term may. if otherwise is no performance of service, and, notwithstanding clause (i) 2)(ii), may include service credited in order to provide an increased benefit for service credit which a Member is receiving under the System. Contribution Limits. 14 Str- ik�,�m rough passages are deleted. Underlined passages are added. #2013 -0 -18 For purposes of applying the Code Section 415(c) limits which are incorporated by reference and for purposes of this subsection (k), only and for no other purpose, the definition of compensation where limitation year, except as noted below and as permitted by Treasury Regulations Section 1.415(c) -2, or successor regulations. Unless another definition of compensation that is permitted by Treasury Regulations Section 1.415(c) -2, or successor regulation, is specified by the System, compensation will be defined as wages within the meaning of Code Section 3401(a) and all other payments of compensation to an employee by an employer for which the employer is required to furnish the employee a written statement under Code Sections 6041(d), 6051(a)(3) and 6052 and will be determined without regard to any rules under Code Section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code Section 3401(a)(2). 0 However, for limitation years beginning after December 31, 1997, compensation will also include amounts that would otherwise be included in compensation but for an election under Code Sections 125(a), 402(e)(3), 402(h (1� )(B), 402(k), or 457(b). For limitation years beginning after December 31, 2000, compensation will also include any elective amounts that are not includible in the gross income of the employee by reason of Code Section 132(f)(4). ii For limitation years beginning on and after employee's severance from employment or the end of the limitation year that includes the date of the employee's severance from employment if: A. the payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or payments would have been paid to the employee while the employee continued in employment with the employer; or B. the payment is for unused accrued bona fide sick, vacation or other leave that the emnlovee would have been able to use if employment had continued. 15 Strike through passages are deleted. Underlined passages are added. #2013 -0 -18 (iii) Back within the of Treasury Regulations Section year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. Notwithstanding any other provision of law to the contrary, provided in Code Section 415 by using the following methods: If the law requires a a, per excess of the limits under Code Sections 415(c ) or 415(n). ii If payment pursuant to subparagraph (k)(2)(i) will not avoid a contribution in excess of the limits imposed by Code Section 415(c), the Board may either reduce the Member's contribution to an amount within the limits of that section or refuse the Member's contribution. (33) If the annual additions for any Member for a limitation year exceed the limitation under Section 415(c) of the Code, the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). For limitation years beginning on or after January 1, 2009, a Member's compensation for purposes of this subsection (k) shall not exceed the annual limit under Section 401(a)(17) of the Code. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: That this Ordinance shall become effective upon its adoption. lull Strome thFough passages are deleted. Underlined passages are added. #2013 -0 -18 After Motion to approve by with Second by the vote on the first reading /public hearing of this ordinance held on 2013, was as follows: Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter After Motion to approve by AYE NAY with Second by the vote on the second reading /public hearing of this ordinance held on , 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 17 Stfik g4t passages are deleted. Underlined passages are added. #2013 -0 -18 PASSED AND DULY ADOPTED this day of , 2013. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe& Kundid 18 Strike through passages are deleted. Underlined passages are added. #2013 -0 -18 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2013 under Agenda Item No. 8 E: AGENDA REQUEST Date: September 12, 2013 Memo # 2013 -135 PUBLIC HEARING September 23, 2013 RESOLUTION September 23, 2013 ORDINANCE BOARD APPOINTMENT ITEM DESCRIPTION: CONSENT OTHER BUSINESS Resolution #2013 -R -20 Annual modification to various fees /costs, etc BACKGROUND: At the budget workshops held on August 5, 2013 staff provided a presentation of the Fiscal Year 2014 budgets. Based on this presentation of budget to Council, staff has updated the fee resolution to include the modifications discussed. STAFF RECOMMENDATION: Staff recommends that the City Council consider approval of Resolution #2013 -R -20 modifying various fees /costs surcharges and administrative fees. ACTION REQUESTED: Motion to approve Resolution #2013 -R -20. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: Respectfully su itted, C Jon han C. McKinney Fi ance Director YES NO YES AGENDA ITEM # Concurrence: Robin L. Matusick Paralega IL racey T. arlow City Ma ager NO X RESOLUTION NO. 2013 -R -20 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. On January 7, 2013, Council adopted Resolution No. 2012 -R -28 which incorporated annual modifications to 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 modified to reflect a few changes that have been incorporated herein. 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 1 #2013 -R -20 any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not 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. shall be October 1, 2013 After Motion for approval by the vote on this resolution was as follows: Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter The effective date of this Resolution and Second by AYE PASSED AND DULY ADOPTED this 23rd day of September, 2013. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Kundid 2 #2013 -R -20 NAY CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 23rd day of September, 2013 under Agenda Item No. 8 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: • 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 • An additional ten percent (10 %) above the citation amount (Clerk's fee), as may be amended by the Clerk of Court. #2013 -R -20 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 Code of Ordinances Chapter Statutory Title Classification/ Issuing Fines and /or Reference 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 #2013 -R -20 4 -11(a) Possession of open containers in a public place II PD 4 -11(b) §316.1936 Possession of open containers in vehicle II PD fee, whichever is Chapter 5 Animal Services, except I ACO /PD 5 -4 Interfering with Animal Control Officer III ACO /PD 5 -18 §828.08 Poisoning or Trapping of Animals III ACO /PD 5 -19 §828.12 §828.13 Cruelty to Animals III ACO /PD 5 -60 Dangerous Dogs III ACO /PD Chapter Unprovoked biting, attacking or wounding of a domestic animal Destruction or loss of property IV IV ACO /PD 10 Maintenance and Code Chapter 6 Boats, Docks and Waterways, except I PD 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 #2013 -R -20 10 -6 Abandoned airtight containers II CO /PD ARTICLE II. Sec. 10- 22-10- 28 Noise Pursuant to Sec. 10 -28 Penalties Llll(1 or 1 CO /PD C1\11 1II1C 10 -169 Unsafe Structure II CO /PD 10 -172 Unlawful Structure II CO/PD 10 -173 Prohibited occupancy 11 CO /PD 10 -215 Enclosures (Swimming Pools, Spas and Hot Tubs) II CO /PD 10 -322 Electrical System Hazards II CO /PD Chapter 11 Business Tax Receipts and Business Regulations 11 11 -2 License required; issuance (Doing business without occupational license) 11 CO /PD I1 -27 §538.04 Pawnbrokers, secondhand dealers - Records of transactions of pawnbrokers III CO /PD 11 -63 Registration - Required (Peddlers /solicitors /itinerant merchants, permit required) III CO /PD 11 -69 Loud noises and speaking devices (Sale by use of vehicle /noise in right -of -way) III CO /PD Chapter 12 Offenses and Miscellaneous Provisions I PD 12 -5 Smoking devices /paraphernalia III CO /PD 12 -6 Synthetic alternative drugs prohibited III CO /PD Chapter 12.5 Parks and Recreation I CO /PD #2013 -R -20 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) 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 -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 #2013 -R -20 19 -67 Transporting and disposing of II CO /PD /ESD solid waste 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: 1 st Offense Warning Notice 2nd Offense Class 1 3 d Offense Class 11 4th Offense Class III 5th Offense Mandatory Court Appearance 19 -93 Landscape irrigation schedules See list above CO/PD /ESD 19 -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 I CO 21 Article Permitted, Conditional, I CO III Accessory and Prohibited Uses, except #2013 -R -20 21 -37.01 Code specific CO thru Minimum civil 21 -37.08 fine of class I Article Resource Protection I CO IV Standards, except 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 9 #2013 -R -20 Section 2 -6 Dishonored check policy $25.00 or 5% whichever is greater CHAPTER 5 (ANIMAL SERVICES) SCHEDULE OF FEES AND CIVIL PENALTIES FEES Section 5 -21. Disposition of dead animals Section 5 -31. License/Tag Required (a) Fee — per calendar year Pro -rated for first time purchaser after July 1St (1) Sterilized animal (2) Unsterilized animal (b) Duplicate tag (c) Administrative fee Section 5 -36. Breeding and Kennels Annual Breeder Permit Fee with required Inspection Additional re- inspection Breeder facility fee Section 5 -41. Disposition of impounded animals Initial intake, registration, etc.: Each additional day: Surcharge for unlicensed animals Section 5- 60(e). Dangerous animal registration (a) Sterilized animal (b) Unsterilized animal Section 5- 70(h): $20.00 $12.50 $ 7.50 $12.50 $22.50 $ 7.00 $ 2.50 $150.00 $ 50.00 $35.00 — 1St day fee $15.00 /per day $10.00 $100.00 $150.00 Animal Control Surcharge pursuant to Section 828.27(4)(b), Florida Statutes. 10 #2013 -R -20 $5.00 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 (b) Unlicensed $10.00 $20.00 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 Dog $60.00 *base charge $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 ARTICLE XXVII. Code Compliance Process Section 10 -347. Administrative fines and fees. Code Enforcement reimbursement fees shall be equal to cost for the city to provide services plus administrative fees and any additional fines or fees assessed by the Board. Administrative fee shall be $65.00 25.00. 11 #2013 -R -20 CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS) ARTICLE IV. Peddlers, Solicitors, Canvassers and Itinerant Merchants Section 11- 66.Fee Application Fee $30.00 Background Check (if not completed and on file for previous 12 months) $�0.00 15.00 CHAPTER 12 (OFFENSES AND MISCELLANEOUS PROVISIONS) ARTICLE II GARAGE SALES Section 12 -44. License and fees Garage /Yard Sale Permit Fees ARTICLE III. FALSE ALARMS Section 12 -62. Alarm Permit Required $ 5.00 per request, maximum of two per year per location (if obtained in person at City Hall) $0.00 — no charge if obtained on -line $25.00 per HOA or managed property, maximum of one per year $10.00 If permit is obtained after the Garage /Yard Sale for residential properties and $0.00 for HOA properties Section 12 -66. False Alarms - Service Charges Police Department $50.00 1 st False Alarm - (in excess of 3 in any 6 month period) $50.00 2nd False Alarm - (in excess of 3 in any 6 month period) $75.00 3`d False Alarm - (for the 3`d & 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 2nd False Alarm - (in excess of 3 in any 6 month period) $150.00 3`d False Alarm - (for the 3`d & each successive false alarm in excess of 3 in any 6 month period) $200.00 CHAPTER 19 (UTILITIES AND SERVICES) SCHEDULE OF COSTS/FEES Section 19 -2. Utility deposits, service charges and transfer fees: It is the policy of the City to require a deposit for water, and sewer service as follows: Residential Water & Sewer Service Deposits are based on credit score as verified by the "On -Line Utility Lxchange ": Green Yellow Red W - $0.00 $50.00 $100.00 S_$0.00 $50.00 $100.00 12 #2013 -R -20 Definitions of reg en light, vellow light and red light are listed below: Green Light standard deposit waived. Based on the information provided, the applicant has a good credit score and poses low credit risk. Yellow Light - deposit required. Based on the information provided, the applicant has an average credit score and poses moderate credit risk. Red Light — maximum deposit required. Based on the information provided, the applicant has a poor credit score or exchange hits and poses high credit risk. Commercial Water Service The security deposit for water accounts based on the various meter sizes offered is as follows: 5/8" $50.00 1 -1/2" $100.00 3" $ I (o00 300.00 6" $180 -90 1,000.00 1" $75.00 2" $100.00 150.00 4" $100.00 500.00 8" $1 90.00 1,500.00 C o m m e rc i a l Wastewater (Sewer) Service The security deposit for wastewater accounts based on the various meter sizes offered is as follows: 5/8" $50.00 1 -1/2" $100.00 125.00 3" $1 00.00 400.00 6" $100.00 1,300.00 1" $75.00 2" $ 100.00 200.00 4" $100.00 650.00 8" $100.00 2,000.00 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 will require a deposit(s) as outlined above sttffieient to eeveF at roast 2 fflonths of the avefage menthly billing to be paid. if sueh additional deposit is not made within 10 days. th-e- Deposit Payments Residential Accounts Owner occupied locations The eustom v44 may 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. kistalln eiit etitc ffiay be made at the disefetion 4 the City. Tenant occupied locations are required to pay deposit in full at the time the account is eetnhliehed 13 #2013 -R -20 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. 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) The deposit shall be equal to a minimum of two (2) mop lrl - -t-h„- � ! utility services. 23 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. 4� In the event the above instruments mature, the City reserves the right to request cash (legal tender) for the required deposit. 4D Failure to comply with this requirement will result in discontinuance of service. Refund of Deposits For owlqeF 8eetipied aeeauf4s Only. *''° The City will credit the deposit to the customer's account when: 1. Residential accounts - The customer has paid bills for the previous 36 consecutive residential billings without having service disconnected for non - payment; A�413 2 Tennant accounts - deposits will be held until the account is closed; 3. Commercial accounts - deposits are held until the account is closed. 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. 14 #2013 -R -20 A record of each unclaimed deposit will be maintained and the City will make a reasonable effort to return the deposit. Section 19 -6. Payment of bills; service charges: Additional Postage Additional postage required for International mailing of utility bills will be added to the associated utility account. Water Rates - Monthly Base Charges by Meter Size Meter Size 3/4" $x-942 _934 4 1" i L �.- " 23.3J 11 /z" $18.94 $24-A-5, 46.70 2" $3.2 4. 74.72 3" $4�8 149.44 4" $43,24 233.50 6" $4 -� 467.00 8" $43 72-9 747.20 Master - Metered Per Equivalent Residential Unit (ERU): Tiered Usage Charges $ 4,�4 7.01 15 #2013 -R -20 Tier- 1 Ti F T;ef�' 3 Tier-4 Tier 4 3/4 All etas__ Rate 1,000 n $ 2.000 2,001 6,000 1.54 S 6, nn> 12,000 12,04 S 5.27 S (:. .agallons) —4.339 6.95 15 #2013 -R -20 Tier 1 Tier 2 Tier 3 Tier 4 3/4 0-2,000 2,001 — 5.000 >.001 — 10,000 10,000 + 1" 0-5,000 5.001 13,000 ; — 25.000 25,000 + 1 '' /z" 0 — 10.000 10,001 — 25,000 25,001 — 50,000 50.000+ 2" 0— 16.000 16.001 — 40.000 40,001 — 80.000 80,000+ 3" 0 32,000 32.001 — 80,000 80.001 — 160,000 160.000+ 4" 0 — 50,000 50,001 — 125,000 125,001 — ?50,000 250.000+ 6" 0-100,000 100.001 — 250,000 250.001 — 500,000 500,000+ 8" 0-160,000 160,001 — 400.000 400,001 — 800,000 800,000+ Individually Hetered Sin«le Farm i .1 /aster- atetered Residential Per Dwelling; 0 2,000 2.001 — 5.000 5.001 — 10,000 10,000 + Knit Rate per 1.000 $1.61 $5.35 $6.69 $836 15 #2013 -R -20 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 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 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 Service charges to establish account or transfer of services: $ 30.00 Service charge for all other miscellaneous services: $ 25.00 30.00 Restoration from termination of service for potable and /or reclaimed water: during normal working hours $ 25-00 30.00 after hours and weekends /holidays $100.00 Payment plan administration: $ 25-00 30.00 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 16 #2013 -R -20 water lines for service. Each test shall be $50.00 for testing by City Laboratory or actual costs for outside laboratory testing. Section 19 -34. Connection Charge: Wastewater Connection Charge: $175.00 Section 19 -35. Wastewater utility service fees: Sewer Rates - Monthly Base Charges by Meter Size Meter Size 3/4" $i2 78 13.04 1" $fig 32.60 1 ' /z" $31.95 65.20 2" $38-34 104.3 2 3" $51.1 -2 208.64 4" $� 1.12 326.00 6" $5 i . i 2 652.00 8" $a 1—i2 1,043.20 Master - Metered Per Equivalent Residential Unit (ERU): $ 44.5i 9.7 Usage Charges (in 1,000 gallons) all Customers: Consumption Rate All Use $ a-A3 5.46 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. Section 19 -50. Fees. Industrial Pretreatment Program Industrial Pretreatment Program Initial Permit Fee: Industrial Pretreatment Program Annual Permit Fee: Industrial Pretreatment Program: Inspection Fees Section 19 -60. Refuse utility fees. $50.00 $25.00 (includes annual inspection) $25.00 (per inspection) 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 17 #2013 -R -20 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 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. Section 19 -130. Reclaimed water utility fees: Residential Base Rate (0- 25,000 gallons) 25,001 — 35,000 gallons 35,001 + gallons Chapter 19 — Miscellaneous: a) Delinquency fee: Commercial $9.50 One acre or less $9.50 /month $0.31/1,000 Each additional acre or portion $0.42/1,000 thereof is $9.50 additional /month of pervious acre or portion thereof 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 18 #2013 -R -20 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 (35`") 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). 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 $2 5.00 30.00 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 NoveerT201T August 5, 2013. Based on the approved Rate Study presented by Burton and Associates. Description 1"1 15 F1 16 FY 17 FY 18 Water 2.5% 2.5% 2.5% 2.5% Sev er 6.5% 6.5% 2.5% 2.5% Combined 5.0% 5.0% 2.5% 2.5% Effective Date 10/1/14 10/1/15 10/1/16 10/1/17 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. UTILITIES AND SERVICES — MISCELLANEOUS FEES WATER and SEWER Definition of ERU means equivalent residential unit (ERU). Reserved Capacity per ERU Not connected within twelve (12) months of readiness to serve: 19 #2013 -R -20 Water $ i i.90 934 /month Sewer $ 14.077 13.04 /month 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) Abandonment/Plat Vacation (Right -of -way) Address (1St - ten addresses) Address (11th - 20th addresses) Address (21St - 50th addresses) Address (each additional address after 50) Annexation Appeals Comprehensive Plan Amendment Large Scale Small Scale Conditional Use Permit De- annexation Development of Regional Impact (DRI) — Application DRI - Determination of Substantial Deviation Mining Permits Minor Replats/Lot Splits $ 500.00 $1,000.00 $ 25.00 per address - new $ 15.00 per address - new $ 10.00 per address - new $ 5.00 each - new $ 250.00 $ 500.00 $ 750.00 $ 500.00 $ 250.00 $2,500.00 $2,000.00 $ 300.00 $ 200.00 $ 200.00 includes two inspections 25.00 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) $ 500.00 Site Plan Approval (major -P &Z /Council review) $ 750.00 Special Activity (minor -staff review only) $ 100.00 per day Special Activity (major - council review) $ 200.00 per day Stormwater Plan Review $ 250.00 20 #2013 -R -20 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 Map Amendment Planned Unit Development (PUD) $ 750.00 Other $ 500.00 *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 Mobile Homes Commercial TOTAL VALUATION $1,000 and less $1,000 to $40,000 $40,000 to $100,000 $100,000.01 to $500,000 $500,000.01 and up 21 #2013 -R -20 $200.00 $ 50.00 $400.00 FEE $40.00 MINIMUM $40.00 for the first $1,000.00, $6.00 for each additional thousand or fraction thereof, to and including $40,000.00. $274.00 for the first $40,000.01 plus $4.00 for each additional thousand or fraction thereof, to and including $100,000.00. $510.00 for the first $100,000.01 plus $3.00 for each additional thousand or fraction thereof, to and including $500,000.00. $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 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 $ 5.00 each 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 1 St $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 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 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. 22 #2013 -R -20 Base up to $1,000.00 MOVING FEES For the moving of any building or structure, the fee is as follows: Building 1,000 square feet or less Building over 1,000 square feet RIGHT -OF -WAY USE PERMIT $40.00 Each additional $1,000 or fraction thereof $ 7.00 $200.00 $400.00 $50.00 $25.00 re- inspection fee 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/MODIFICATION 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 not apply to any new or existing construction that paid for a site plan/stormwater site plan review application fee or any other permit fee for construction of the same project. SWIMMING POOL FEES Residential Pools: Pools without enclosure $ 100.00 Pools with enclosure $ 150.00 Commercial Pools: Pools without enclosure $200.00 Pools with enclosure $250.00 23 #2013 -R -20 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. 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: 24 #2013 -R -20 (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 $25.00 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 ARTICLE XVI. Fire and Prevention - Section 21- 230.03 Burn Permits ARTICLE XVII. Development/Impact Fees 21- 310.04 - Pedestrian System Development Fee Schedule 25 #2013 -R -20 $75.00 PEDESTRIAN SYSTEM DEVELOPMENT FEE SCHEDULE Street /Roadway Classification Minimum Pedestrian/Sidewalk Width Development Fee Per Linear Foot Single Family Detached 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 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 FE-7:77 FIRE PROTECTION AND EMS IMPACT FEE SCHEDULE 26 #2013 -R -20 Land Use Development Unit Calls/Unit Net Cost /Call Net Cost/Unit Single - Family /Mobile Home /Hotel Dwelling /Unit/ Room 0.200 $1,652.53 $330.51 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 27 #2013 -R -20 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/ Condominium Dwelling 0.97 $92.32 $100.10 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. 21- 323.03 - Transportation/Road Impact Fee Schedule TRANSPORTATION/ROAD IMPACT FEE SCHEDULE ITE Code Use Unit Trip Rate Trip Length % New Trips FEE PER 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 Condominium /Townhouse DU 5.94 3.45 100.00 $701.46 240 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 ►: #2013 -R -20 29 #2013 -R -20 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 building 1,000 sf 7.72 3.37 93.00 $826.49 720 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 $1,007.14 770 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 Lumber Store 1,000 sf 32.88 4.16 69.80 $3,263.20 29 #2013 -R -20 816 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 sf 1,000 sf 29.18 2.81 86.00 $2,407.73 831 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 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 Pumps 1,000 sf 793.28 1.18 28.63 $9,169.39 Convenience Store w /Gas Pumps and Fast Food 1,000 sf 940.20 1.91 32.67 $20,027.14 30 #2013 -R -20 862 Home Improvement Store 1,000 sf 38.13 3.09 50.00 $2,013.84 881 Pharmacy /Drugstore w /Drive Through 1,000 sf 89.89 1.74 41.33 $2,203.72 890 Furniture Store 1,000 sf 4.81 4.06 59.12 $395.00 Recreational General Recreation Parking Space 3.02 4.43 95.00 $434.17 411 City Park Parking Space 14.23 2.84 96.67 $1,334.59 412 Major Park Parking Space 2.11 4.05 100.00 $292.40 416 Campground /RV Park Space 3.90 4.55 77.00 $466.58 420 Marina Slip 2.97 5.77 94.67 $555.20 Major Sports Facility Parking Space 2.10 3.63 100.00 $260.85 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. 31 #2013 -R -20 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 N4etef hista latio mil} Connection Fee $ 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 turbine meter $1,519.40 Meter Connection Fee 3 inch turbine meter $1,936.01 Meter Connection Fee 4 inch turbine meter $3,751.71 Meter Connection Fee 6 inch turbine meter $4,126.00 Meter Connection Fee 8 inch turbine meter $7,024.44 Meter Connection Fee 10 inch turbine meter $9,907.29 Meter Installation Fee 2 inch compound meter $2,234.55 Meter Connection Fee 3 inch compound meter $2,860.57 Meter Connection Fee 4 inch compound meter $4,504.73 Meter Connection Fee 6 inch compound meter $8,285.41 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. 32 #2013 -R -20 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 $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: 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 33 #2013 -R -20 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 Hotel or motel (not including food service, banquet and meeting rooms, and laundries calculated separately) per room 0.5 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. 34 #2013 -R -20 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. 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. 4. LEISURE SERVICES Ballfield without lights Ballfield with lights Rental Fees $35.00 per hour $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 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). 35 #2013 -R -20 5. POLICE DEPARTMENT Funeral /Miscellaneous Escorts Outside Details /Security Fingerprinting Vehicle Impoundment fee 6. FINANCE DEPARTMENT Payments made by telephone 7. CITY CLERK $100.00 per escort $ 56.00 per officer per hour (includes vehicle) $ 10.00 for two cards or less $ 10.00 each additional $ 27.00 per day (does not include civil penalties) (for vehicles stored on City property) Miscellaneous charges for copies: Single -sided copies, up to 8 '/2" x 14" Double -sided copies, up to 8 '/2" x 14" Single -sided copies, up to 11" x 17" Double -sided copies, up to 11 " x 17" Larger size copies Certified copy of a public record $ 5.00 per transaction for any City payments (utilities, building permits, licenses, etc) .15 each .20 each .50 each .75 each Based on actual cost of duplication $1.00 per page in addition to actual 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 is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both." 36 #2013 -R -20 copy cost Duplicate audio tape $5-99 1.48 Duplicate CD or DVD $3:00 312 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 is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both." 36 #2013 -R -20 CONSENT ORDINANCE ITEM DESCRIPTION: AGENDA REQUEST Operating Millage Date: September 10, 2013 PUBLIC HEARING September 23, 2013 RESOLUTION September 23, 2013 OTHER BUSINESS CORRESPONDENCE � • Resolution # 2013 -R -21 Approve Final Operating Millage Rate for Fiscal Year 2013 -2014. BACKGROUND: Per Florida Statutes, including Chapter 200.065 (2)(e) 1. Provides that the City Council shall adopt a Final Operating Millage rate prior to the adoption of a Final Budget. STAFF RECOMMENDATION: Staff recommends City Council approve Final Operating Millage Rates for Fiscal Year 2013 -2014 pursuant to Resolution 2013 -R -21. ACTION REQUESTED: Motion to approve Resolution # 2013 -R -21 for the Final Operating Millage Rate of $6.876 for Fiscal Year 2013 -2014. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES _ NO x DATE: AGENDA ITEM NO. Res ectfu submitted, /�jt J06than C. McKinney Finance Director Concurrence Robin Matusick Paralegal Bracey B/rlow City Mpilager RESOLUTION 2013 -R -21 A RESOLUTION OF THE EDGEWATER, FLORIDA, OPERATING MILLAGE RATES FISCAL YEAR 2013 -2014; CONFLICTING PROVISIONS, APPLICABILITY; PROVIDING DATE. CITY COUNCIL OF ADOPTING FINAL FOR THE CITY FOR PROVIDING FOR SEVERABILITY AND FOR AN EFFECTIVE 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 $616,083,636 and has certified a rolled -back rate of $6.2515 per $1,000 of taxable value for the City of Edgewater; and WHEREAS, October 1, 2013 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 9, 2013, a public hearing was held on the tentative millage rate of $6.876 mills for fiscal year 2013 -2014 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 23, 2013, a public hearing was held on the final millage rate for fiscal year 2013 -2014 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 $6.876 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for operational purposes. Section 2: The operating levy of $6.876 mills represents a 9.99% change from the rolled -back rate. Section 3. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by the vote on this Resolution was as follows: Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter and Second by AYE NAY PASSED, APPROVED AND ADOPTED this 23RD day of September, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA i Bonnie A. Wenzel City Clerk Michael L. Thomas 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 23RD day of September, 2013 Aaron R. Wolfe, Esquire under Agenda Item No. 8 City Attorney Doran, Sims, Wolfe & Kundid 8c: AGENDA REQUEST Voted Debt Service Millage Date: September 10, 2013 CONSENT PUBLIC HEARING September 23, 2013 RESOLUTION September 23, 2013 ORDINANCE OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution # 2013 -R -22 Approve Final Voted Debt Service Millage Rate for Fiscal Year 2013 -2014. BACKGROUND: Per Florida Statutes, including Chapter 200.065 (2)(e) 1. Provides that the City Council shall adopt a Final Voted Debt Service Millage rate prior to the adoption of a Final Budget. STAFF RECOMMENDATION: Staff recommends City Council approve Final Voted Debt Service Millage Rates for Fiscal Year 2013 -2014 pursuant to Resolution 2013 -R -22. ACTION REQUESTED: Motion to approve Resolution # 2013 -R -22 for the Final Voted Debt Service Millage Rate of $0.058 for Fiscal Year 2013 -2014. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DAT Resp tfull ubmitted, C Jo han C. McKinney Finance Director YES _ NO x AGENDA ITEM NO. Concurrence: Robin Matusick Paralegal racey B low City M ager RESOLUTION 2013 -R -22 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING FINAL VOTED DEBT SERVICE MILLAGE RATES FOR THE CITY FOR FISCAL YEAR 2013 -2014; 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 $616,083,636; and WHEREAS, October 1, 2013 is the commencement of the fiscal year for the City of Edgewater; and WHEREAS, on September 9, 2013, a public hearing was held on the tentative voted debt service millage rate of $0.058 mills for fiscal year 2013 -2014 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 23, 2013, a public hearing was held on the final voted debt service millage rate for fiscal year 2013 -2014 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 $0.058 mills upon all real and personal property, railroads, telegraph and telephone lines within the City of Edgewater for Voted Debt Service. Section 2: The Voted Debt Service levy of $0.058 mills based on the sale of the Limited General Obligation Note Payable in 2005. Section 3. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by the vote on this Resolution was as follows: Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter and Second by AYE NAY PASSED, APPROVED AND ADOPTED this 23RD day of September, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Bonnie A. Wenzel City Clerk Michael L. Thomas 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 23RD day of September, 2013 Aaron R. Wolfe, Esquire under Agenda Item No. 8 City Attorney Doran, Sims, Wolfe & Kundid Im AGENDA REQUEST Final Budget Date: September 10, 2013 CONSENT PUBLIC HEARING September 23, 2013 RESOLUTION September 23, 2013 ORDINANCE OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Resolution #2013 -R -23 Approve Final Budget providing for appropriations for Fiscal Year 2013- 2014. 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 2013 -2014 pursuant to Resolution 2013 -R -23. ACTION REQUESTED: Motion to approve Resolution #2013 -R -23 for the Final Budget for Fiscal Year 2013 -2014. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectful s /ubmiitteed, // ' I Jo than C. McKinney Finance Director YES _ NO x AGENDA ITEM NO. Concurrence: Robin Matusick Paralegal Tracey Efarl6w tl City M nager RESOLUTION 2013 -R -23 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 2013 -2014; PROVIDING FOR APPROPRIATIONS; PROVIDING SEVERABILITY AND FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Edgewater has recommended a final annual budget for the next ensuing fiscal year beginning October 1, 2013 and ending September 30, 2014; and WHEREAS, a notice of public hearing on said budget was duly published; and WHEREAS, a public hearing was held on September 9, 2013, after having first adopted a tentative millage rate for the City for the Fiscal year 2013 -2014, 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 23, 2013; and WHEREAS, a public hearing was held on September 23, 2013, after having first adopted a final operating and voted debt service millage rate for the City for the Fiscal year 2013 -2014, 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 adoption. This Resolution shall become effective immediately upon passage and After Motion for approval by the vote on this Resolution was as follows: Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter and Second by AYE NAY PASSED, APPROVED AND ADOPTED this 23`d day of September, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA t Bonnie A. Wenzel City Clerk Michael L. Thomas 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 23RD day of September, 2013 Aaron R. Wolfe, Esquire under Agenda Item No. 8 City Attorney Doran, Sims, Wolfe & Kundid Exhibit"A" PROPOSED BUDGET REVENUES AND EXPENSES FY 2013 -2014 REVENUES EXPENDITURES VARIANCE 001 -GENERAL FUND $ 12,324,722 $ 12,324,722 $ - 113 - LAW ENFORCEMENT BLOCK $ 3,000 $ 3,000 $ - 114 -GRANTS FUND $ 224,000 $ 224,000 $ - 115 -SPECIAL LAW ENFORCEMENT TRUST FUND $ 18,000 $ 18,000 $ - 116-TRANSPORTATION IMPACT FEE $ 301,188 $ 301,188 $ - 117- POLICE IMPACT FEE FUND $ 151,000 $ 151,000 $ 118 - FIRE IMPACT FEE FUND $ 21,750 $ 21,750 $ - 119 - RECREATION IMPACT FEE $ 60,000 $ 60,000 $ - 120 -SCHOLARSHIP FUND $ 8,500 $ 8,500 $ - 205 - 1 & S DEBT SERVICE FUND $ 418,946 $ 418,946 $ - 331 -CAPITAL PROJECTS FUND $ 720,601 $ 720,601 $ - 440 -WATER & SEWER $ 8,741,019 $ 8,741,019 $ - 442 -WATER DEVELOPMENT $ 430,000 $ 430,000 $ - 443 -SEWER DEVELOPMENT $ 295,000 $ 295,000 $ - 444 - RENEWAL& REPLACEMENT $ 522,500 $ 522,500 $ - 445-WATER & SEWER RATE STABILIZATION $ 62,789 $ 62,789 $ - 447 - REFUSE $ 2,832,379 $ 2,832,379 $ - 448 - STORMWATER OPERATING $ 1,330,030 $ 1,330,030 $ - 449 -STORMWATER CAPITAL $ 839,560 $ 839,560 $ - 450 - PUBLIC WORKS COMPLEX $ 950,000 $ 950,000 $ - 501 - MIS $ 383,032 $ 383,032 $ - 502 - FLEET $ 907,661 $ 907,661 $ - 503- LOSS FUND $ 322,795 $ 322,795 $ - 504- FULLY INSURED INSURANCE $ 2,085,837 $ 2,085,837 $ - 505 -WORKERS COMPENSATION $ 251,151 $ 251,151 $ - TOTAL ALL FUNDS $ 34,205,460 $ 34,205,460 $ - 9/19/2013 as of 1:13 PM l0a AGENDA REQUEST Date: September 9, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS September 23, 2013 ITEM DESCRIPTION: Approval of Addendum # 1 to the agreement between the City of Edgewater and Edgewater Garage Inc. BACKGROUND: On October 1, 2011 the City entered into an agreement with Edgewater Garage, Inc. dba Edgewater Towing & Recovery for wrecker /towing services. The term of the initial contract will expire on September 30, 2013. Addendum #1 will utilize the renewal option for extending the term of the agreement for an additional period of two (2) years; expiring on September 30, 2015. STAFF RECOMMENDATION: Staff recommends City Council approve Addendum #1 and authorize the City Manager to execute the document. ACTION REQUESTED: Motion to approve Addendum #I to the agreement between the City of Edgewater and Edgewater Garage, Inc. dba Edgewater Towing & Recovery and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: Respectfully submitted, Dav' Teri efiief of Police YES NO YES NO AGENDA ITEM # Concurrence: Robin L. Matusick Paral al Tracey . Barlow City anger ADDENDUM NUMBER 1 BETWEEN THE CITY OF EDGEWATER AND EDGEWATER GARAGE, INC. dba EDGEWATER TOWING & RECOVERY By Agreement made and entered into this day of , 2013, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY ") whose mailing address is P. O. Box 100, Edgewater, FL 32132 -0100 and EDGEWATER GARAGE, INC. dba EDGEWATER TOWING & RECOVERY, (hereinafter referred to as "Contactor ") whose mailing address is 2033 S. Ridgewood Avenue, Edgewater, FL 32141. WITNESSETH The CITY and Contractor mutually agree to amend that certain Agreement between the CITY and Contractor made and entered into on September 26, 2011 as follows: 1) Both parties wish to utilize the renewal option contained in Section 2. TERM - by electing to renew the contract for an additional term of two (2) years. Thereby extending the current contract from September 30, 2013 through and until October 1, 2015. 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 WITNESSES: f Ill „> By: Tracey T. Barlow City Manager Dated: EDGEWATER GARAGE, INC. dba EDGEWATER TOWING & RECOVERY F. Hammond, President ( President Dated: 9 �1j (Agreement\ Wrecker- TowingServices- EdgewaterGarage- Addendum #1 -2013) AGENDA REQUEST C.A. #2013 -TCT -1301 Date: September 10, 2013 PUBLIC HEARING September 23, 2013 RESOLUTION BOARD APPOINTMENT ITEM DESCRIPTION: TCT -1301 CONSENT OWNER: Florida East Coast Railroad, LLC ORDINANCE OTHER BUSINESS X FDG Flagler Station II, LLC requesting a Special Use permit to construct a telecommunications tower in the Florida East Coast Railroad right -of -way south of 28th Street. APPLICANT /AGENT: FDG Flagler Station II / Dynan Group, Inc. REQUESTED ACTION: Special Use Permit PROPOSED USE: Construction of a telecommunications tower LOCATION: Florida East Coast Railroad right -of -way south of 28th Street. AREA: .034± CURRENT LAND USE: FEC right -of -way FLUM DESIGNATION: Commercial ZONING DISTRICT: B -2 (Neighborhood Business) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUMDesi nation Zoning District North Commercial Warehouse Commercial B -2 (Neighborhood Business) East Whistle Stop Park Recreation R (Recreation) South FEC Right-of-Way Commercial B -2 (Neighborhood Business) West Vacant /Commercial Commercial B -2 (Neighborhood Business) Background: The subject property is located in the Florida East Coast Railroad right -of -way south of 28th Street. Land Use Compatibility: The proposed telecommunications tower shall meet the criteria of Article XII (Telecommunication Towers), Section 21 -141 (Location Criteria). Adequate Public Facilities: N/A Other Matters: None STAFF RECOMMENDATION Staff recommends approval of the request for a Special Use permit to construct a telecommunications tower in the Florida East Coast Railroad right -of -way south of 281h Street. ACTION REQUESTED: Motion to approve the request for a Special Use permit to construct a telecommunications tower in the Florida East Coast Railroad right -of -way south of 281h Street. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: itted, Darren Lear `0 Development Services Director YES NO X YES NO X AGENDA ITEM 4 Concurrence: Robin L. Matusick Paralegal "I— � A2�6 racVanager Barlow City p A IA\ ;11 ■'LV 111' 0 NW � I dw, al. ffioffl�w - I IM I IMMA-5 •_ • _�WE�t� 1 1 � ES AREA 2� POINT OF TERMINUS FLAGLER T WIDE ACCESS & s v e. 1 i 15- 35.0 Z �o O �Z �i ` FLAGL.ER.WALLEp. CO.IN,�?UND. -' :AREA =1,500 SQUARE FEET* (0.034 ACRES *) VACANT �V\X =5� POINT OF BEGINNING FLAGLER FENCED COMPOUND AND FLAGLER ACCESS & UTIt MES AREA �- PROPOSED 149' .0Q MONOPOLE TOWER i SEE TOWER DATA 1 28TH STREET 24 ANE ASPHALT ROAD S& RIGHT -Of -SWAY NOTES:: I: EMBED BARBEI7WIRE SUPPORTS' WITH FLARED ENDS EXTENDING A MINIMUM OF $:INCHES INTO POURED CELLS, ELSE FASTEN TO TOP OF WALL AT FILLED CELLS WITH A BARBED WERE SUPPORT AND BASE PLATE. SECURE TO TOP QF WALL WITH APPROVED EPDXY ANCHOR BOLT SYSTEM. EToft !STRAND BARBED WIRE OVERHEAD STY IOTE 1) LROAD RIGHT OF WAY LINE D wn THIRD BLOCK ON THE LOW SIDE OF THE COMPOUND AT GROUND LEVEL TO FACILITATE DRAINAGE WALL DETAIL i n nr.rs I ELEvA-nON VIEW N.TnA .S. 6.5' AVER: ROAD AGENDA REQUEST Date: September 10, 2013 PUBLIC HEARING RESOLUTION BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: Approval of the Victim of Crime Act (VOCA) Agreement BACKGROUND: 10C ORDINANCE OTHER BUSINESS September 23, 2013 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 funded 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 REOUESTED: 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) PREVIOUS AGENDA ITEM: If so, DATE: Respectfully submitted, Da eri C ief of Police YES NO YES NO AGENDA ITEM # Concurrence: Robin L. Matusick Pa rale al racey arlow City anager { CAF Fit PAM BONDI ATTORNEY GENERAL STATE OF FLORIDA September 4, 2013 Chief Dave J. Arcieri Edgewater Police Department 135 East Park Avenue Post Office Box 100 Edgewater, Florida 32132 -3100 Dear Chief Arcieri: OFFICE OF THE ATTORNEY GENERAL Division of Victim Services Christina F. Harris, Bureau Chief Advocacy and Grants Management PL -01 The Capitol Tallahassee, FL 32399 -1050 Phone (850) 414 -3300 Fax (850) 487 -3013 http://Www.myfloridalegal.com Two original 2013 - 2014 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 Attachments B and C. 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 one of the original agreements for your files. 4. Return the other original agreement 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, 2013, through September 30, 2014, may be incurred until the agreement has been signed by all parties. Please do not make any alterations to the VOCA 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 Ray, Program Administrator, at (850) 414 -3300. Sincerely, Christina Harris, Bureau Chief Advocacy and Grants Management CH /kks Enclosures 2013/2014 AGREEMENT BETWEEN THE STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL AND Edgewater Police Department GRANT NO. V13110 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 Post Office Box 100, Edgewater, Florida, 32132 -3100, 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 2013/2014 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 2013/2014 grant application approved by the OAG, incorporated herein by reference, unless otherwise approved by the OAG in writing. ARTICLE 3. TIME OF PERFORMANCE This Agreement shall become effective on October 1, 2013, or on the date when the Agreement has been signed by all parties, whichever is later, and shall continue through September 30, 2014. 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, 2013, or within 15 days of signature by all parties, or the Agreement shall be voidable at the option of the OAG. 1 of 13 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. (2012), 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. REGISTRATION REQUIREMENTS 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 (2 1) days from execution. The online registration can be completed at: http://dms.mvflorida.com/dms/purchasing/myfloridamarketplace. The Provider agrees to comply with the applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by OMB and OJP), and to acquire and provide a Data Universal Numbering System (DUNS) number. The Provider also agrees to applicable restrictions on sub recipients that do not acquire and provide a DUNS number. The details of Provider obligations are posted on the Office of Justice Programs web site at http: / /www.oip.gov /funding /sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non - profit organization that he or she may own or operate in his or her name). 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 2of13 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 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. (2012) 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. The Provider understands and agrees that it cannot use any federal funds (including VOCA), either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of the U.S. Department of Justice, Office of Justice Programs. Providers must report suspected fraud, waste and abuse to the Department of Legal Affairs, the Office of Inspector General at 850- 414 -3300. 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. 3 of 13 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 monthly invoice may include the VOCA Personnel Spreadsheet (VPS), Match Personnel Spreadsheet (MPS), and Actual Expense Report (AER), if applicable. In accordance with Section 215.971 F.S. (2012), financial consequences are described in this Article of the Agreement. The Provider will be held responsible for meeting the deliverables and the performance standards as outlined in Part 9 of the 2013 -2014 VOCA Grant Application and approved by the OAG, incorporated herein by reference as Attachment A, unless otherwise approved by the OAG in writing. If the Provider does not provide the anticipated total number of deliverables as outlined in Attachment A, without an approved justification, the final payment for the grant will be reduced by 5% of the total award amount as listed in Article 4. Payment for services shall be issued in accordance with the provisions of Section 215.422, F.S. (2012). 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. 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 4of13 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. (2012), 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 OAG. This contract does not 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 OAG 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 OAG. 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 5of13 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.(2012), 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. (2012) or 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. 6of13 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. In the event another OMB Guidance Circular supersedes OMB Circular A -133, the information, guidance and requirements for audits provided in the newer circular will be applicable to this agreement. 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. 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 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. 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 7of13 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d), 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. 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, Auditor General or the U.S. Department of Justice. 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 8of13 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 OAG 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 OAG such overpayment without prior notification from the OAG. In the event the OAG discovers that an overpayment has been made, the contract manager, on behalf of the OAG, will notify the Provider and the Provider shall forthwith return the funds to the OAG. Should the Provider fail to immediately reimburse the OAG 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. (2012), the following restrictions are placed on persons convicted of public entity crimes to transact business with the OAG: 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 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. (2012), 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 OAG 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 OAG, 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. 9of13 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 OAG 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 OAG and its employees harmless from any claim against the OAG for infringement of patent, trademark, copyright or trade secrets. The OAG 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 OAG, 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. ARTICLE 22. INDEMNIFICATION To the extent permissible under Florida law, the Provider shall be liable for and indemnify, defend, and hold the OAG 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 OAG within seven (7) days after notice by the OAG. 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 OAG. The OAG'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 OAG. 10 of 13 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 Recipients of federal financial assistance must comply with applicable federal civil rights laws, 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)); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §7 94), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C.§ 12131 -34); Title IX of the Education Amendments of 1972 (20 U.S.C. § §1681, 1683, 1685 -86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07); and Exec. Order 13279 (67 Fed. Reg. 241). Pursuant to applicable federal laws and Section 760, F.S. (2012), the Provider agrees not to discriminate against any client or employee in the performance of this contract or against any applicant for employment because of age, race, religion, color, disability, 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. Pursuant to Section 287.134, F.S. (2012), an entity or affiliate on the Florida Department of Management Services' discriminatory vendor list may not transact business with any public entity. 11 of 13 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 eligibility of all persons hired during the contract term. ARTICLE 28. ADMINISTRATION OF AGREEMENT All approvals referenced in this Agreement must be obtained from the parties' contract administrators or their designees. The OAG's contract administrator is Christina F. Harris. All notices must be given to the parties' contract administrator. ARTICLE 29. TEXT MESSAGING Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the U.S. Department of Justice encourages sub recipients (Providers), to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. ARTICLE 30. ASSURANCES Attachment "B" Assurances is hereby incorporated by reference. ARTICLE 31. CERTIFICATION FORM Attachment "C" Certification Form is hereby incorporated by reference. ARTICLE 32. 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. 12 of 13 ARTICLE 33. 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 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 Print Name Date FEID # of Provider SAMAS Code 13 of 13 Director of Administration John L. Hamilton Prin D e rw�r ilk i Agency Name: City of Edgewater Police Department ATTACHMENT A - PART 9. 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 anticipated rued of the population served through the VOCA project. It is anticipated that the categories indicated for victirri pdpulatldns ardbr;rvices provided may be expanded or narrowed depending on the needs of the victims identified during the grant period. At a minimum, the agency will provide services to no less than 90 percent gthe #otal nuranbelr'df lected 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. 2013 -2014 VOCA Grant Request (from the Budget Summary Page) $ 35,000 Type of Service # of Other Types of Services to be Provided For other types of services, identify and list each separately below. 50 # of Victims to be Served Type of Victim $ Amount per Category % of Total Grant Amount # of Other Types of Victims to be Served For other#ypes of crimes, identify and list each separately below. 15 Child Physical Abuse $ 352 1.01% 20 Child Sexual Abuse $ 469 1.34% 12 Stalking 3 DUI /DWI Crashes $ 70 0.20% 120 Trespassing 550 Domestic Violence $ 12,911 36.89% 60 Fraud 15 Adult Sexual Assault $ 352 1.01% 360 Burglary 100 Elder Abuse $ 2,347 6.71% 25 Criminal Mischief 2 Adults Molested as Children $ 47 0.13% 50 4 Survivors of Homicide Victims $ 94 0.27% 4,152 900,r 25 Robbery $ 587 1.68% 180 Assault $ 4,225 12.07% TOTAL VICTIMS 1,491 $ 35,000 100.00% I 577 Stotal ©ft,3ther "t $ 13,544.60 38.70% Indicate the number of victims projected to receive the following service(s). (See Definitions for a description of each service.) # of Victims to be Served Type of Service # of Other Types of Services to be Provided For other types of services, identify and list each separately below. 50 Crisis Counseling 1,491 Follow -up Contacts 900 Written Contact 0 Therapy 0 Support Groups 0 Crisis Hotline Counseling 0 Shelter /Safehouse 50 Information and Referral (In- Person) 20 Criminal Justice Support/Advocacy 20 Emergency Financial Assistance 30 Emergency Legal AdIvocacy 1,491 Assistance Filing Compensation Claims - Mandatory 50 Personal Advocacy 50 Telephone Contacts TOTAL SERVICES_ 4,152 900,r OMB APPROVAL NO. 1121 -0140 4 ATTACHMENT B 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 OQIGINAL ATTACHMENT C CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. Recipient's Name: DUNS Number: Address: Grant Title: Grant Number: Award Amount: Name and Title of Contact Person: Tele hone Number: E -Mail Address: Section A— Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply: • Recipient has less than fifty employees. ❑ Recipient is an Indian tribe. o Recipient is a medical institution. • Recipient is a nonprofit organization. ❑ Recipient is an educational institution. ❑ Recipient is receiving an award less than $25,000. I, [responsible official], certify that [recipient] is not 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 fifty or more employees and is receiving a single award or subaward of $25, 000 or more, but less than $500, 000, then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305): I, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty -four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: [organization], [address]. Print or Type Name and Title Signature Date Section C— Declaration Stating that an EEOP Utilization Report Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award or subaward of $500,000 or more, then the recipient agency must send an EEOP Utilization Report to the OCR for review. I, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. Print or Type Name and Title Signature Date OMB Approval No. 1121 -0340 Expiration Date: 05/31/14 ORIGINAL INSTRUCTIONS Completing the Certification Form Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice Programs (OJP) for review, and implement an Equal Employment Opportunity Plan (EEOP). See 28 C.F.R. pt. 42, subpt. E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the EEOP requirements; many awards from OJP, including awards from the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and Delinquency Prevention (OJJDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's EEOP requirements, please consult your grant award document, your program manager, or the OCR. Recipients should complete either Section A or Section B or Section C, not all three. Section A The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty employees. To claim the complete exemption from the EEOP requirements, complete Section A. Section B Although the regulations require some recipients to create, maintain on file, and implement an ESOP, the regulations allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business; and (2) have fifty or more employees; and (3) have received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption from the submission requirement by completing Section B. In completing Section B, the recipient should note that the EEOP on file has been prepared within twenty -four months of the date of the most recent grant award. Section C Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business, and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare, maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP Utilization Report (or in the process of submitting one) to the OCR, should complete Section C. Submission Process If a recipient receives multiple awards subject to the Safe Streets Act, the recipient should complete a Certification Form for each grant. Recipients of awards from OJP and OVW should download the online Certification Form, have the appropriate official sign it, electronically scan the signed document, and then upload the signed document into the appropriate grant file in OJP's Grants Management System. The document must have the following title: EEOP Certification. Recipients of awards from COPS should download the online Certification Form, have the appropriate official sign it, electronically scan the signed document, and then send the signed document to the following e -mail address: EEOPFormsL&Llsdoj.gov. If you have questions about completing or submitting the Certification Form, please contact the Office for Civil Rights, Office of Justice Programs, 810 7`t' Street, NW, Washington, DC 20531 (Telephone: (202) 307 -0690 and TTY: (202) 307 - 2027). OMB Approval No. 1121 -0340 Expiration Date: 05/31/14