03-03-2014 Toting Order
Councilman Ignasiak
Councilman Emter
Mayor Thomas
Councilwoman Power
Councilwoman Bennington
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MARCH 3,2014
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—January 6, 2014
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS — NONE AT
THIS TIME
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. Authorization for the Mayor to execute the Agreements allowing the City to utilize vacant
property located at the corner of Lamont and North Ridgewood Avenue; Edgewater-New
Smyrna Cemetery; and at East Park Avenue during the Edgewater Expo occurring March 14
— 16, 2014.
b. Approval of the First Amendment to the Land Lease Agreement with Vertex Development
and authorization for the City Manager to execute the document.
c. Approval of the purchase of a transfer trailer from General Truck Equipment and Trailer
Sales.
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a. 1St Reading — Ordinance No. 2014-0-06: Fisherman's Cove Builders, LLC, requesting
annexation of 23.92± acres of land located east of US Highway 1, between Douglas Street
and East Ariel Road.
b. 1St Reading — Ordinance No. 2014-0-07: Jay and Sheila Gawthrop, requesting annexation
of.31±acres of land located at 2401 Swordfish Lane.
City Council Agenda
April 3,2014
Page-2-
c. 1St Reading— Ordinance No. 2014-0-11: Calling a Referendum to be held on November 4,
2014 General Election on the question of Economic Development Ad Valorem Tax
exemptions.
d. Resolution No. 2014-R-03: Modification of the Purchasing Policy.
e. Resolution No. 2014-R-04: Investment Policy revision to update existing policy dated April
7, 2008.
f. Resolution No. 2014-R-05: Capital Improvement Revenue Note Series 2014 with Branch
Banking and Trust Company and approval of all associated budget amendments.
g. Special Activity Permit - James Kelly, applicant for No Name Saloon located at 2001 S.
Ridgewood Avenue, requesting a Special Activities Permit for Bike Week 2014 events, with
outdoor music,to be held March 7 through March 16, 2014.
9. BOARD APPOINTMENTS
a. Citizen Code Enforcement Board - Councilman Ignasiak's appointment due to the vacancy
left by the resignation of Linda Johnson.
b. Library Board — Councilwoman Power's appointment due to the expiring term of Mary
Person.
c. Library Board- Councilwoman Bennington's appointment due to the expiring term of Larry
Middleton.
10. OTHER BUSINESS
a. Authorization to purchase a new truck chassis and Vac-Con Sewer Combination Cleaner
Body from Kenworth of Central Florida and Southern Sewer Equipment Sales and all
necessary budget amendments.
b. Authorization for the City Manager to enter into an agreement with Selectron, Inc for the
implementation of VoicePermits,WebPermits,WebUtility and VoiceCitation systems.
c. Approval of the purchase of a new One Pierce Impel Custom Pumper (fire apparatus) from
Pierce Manufacturing, Inc. and all necessary budget amendments.
d. Approval of the amended and restated Memorandum of Agreement between the City of
Edgewater and the YMCA; authorization for the Mayor to sign the Agreement; and approval
of all necessary budget amendments.
e. Approval of the Purchase Order to Quentin L. Hampton Associates in the amount of$40,900
for the Monson and Riverview Drive Stormwater Improvement Design.
11. OFFICER REPORTS
a. City Clerk
b. City Attorney
c. City Manager
12. CITIZEN COMMENTS
13. ADJOURN
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.
AGENDA REQUEST 7o
Date: February 20, 2014
PUBLIC
HEARING RESOLUTIONS ORDINANCE
BOARD
OTHER
APPOINTMENT CONSENT 33\ BUSINESS
ITEM DESCRIPTION:
Agreement giving the City approval to utilize vacant property located at the corner of Lamont and North
Ridgewood Ave, property located with the Edgewater-New Smyrna Cemetery and property located at
East Park Ave. for parking during the Edgewater Expo to occur on March 14, 15 and 16, 2014.
BACKGROUND:
This year the event called the Edgewater Expo has been relocated to Kennedy and Menard Parks,
Riverside Dr. and East Park Ave. Alternative parking areas that will conveniently accommodate visitors
for the Expo event that is to occur on March 14, 15 and 16, 2014. These parking areas are the vacant lots
located at the corner of Lamont and North Ridgewood Ave, property located with the Edgewater
Cemetery and property located at East Park Avenue. The owners of the properties have agreed to allow
the City of Edgewater to use the properties subject to the terms and conditions set forth in the attached
agreement.
STAFF RECOMMENDATION:
Staff recommends that the City Council give approval for the Mayor to execute the Event License
Agreements for the use of the above mentioned properties for parking during the Edgewater Expo to
occur on March 14, 15 and 16, 20143.
ACTION REQUESTED:
Motion to approve attached agreements and authorize the Mayor to execute.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM: YES NO XX
DATE: N/A AGENDA ITEM NO.
Respectfully sub >ed,
_ • A
race . Barlow Robin Matusick
City anager Paralegal
CITY OF EDGEWATER
EVENT LICENSE AGREEMENT
(PARKING-EDGEWATER EXPO)
THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License
Agreement") is made and entered into this /6 day of -7+-I-'-1 f-,z- 0 , 2014, by and
between the CITY OF EDGEWATER ("City") and FIRST BAPTIST CHURCH of
EDGEWATER INC., whose address is 130 East Park Avenue, Edgewater, Florida 32132
("Owner").
WITNESSETH:
WHEREAS, the City is sponsoring a Edgewater Expo, which will be held on March 14,
15 and 16, 2014, within the City of Edgewater(the "Event"); and
WHEREAS, it is anticipated that the parking requirements for this event will exceed the
number of parking spaces the City can safely provide on City property; and
WHEREAS, Owner is the owner of that certain parcels of property being located within
the City of Edgewater at 127 East Park Avenue and 130 East Park Avenue (the "Property"); and
WHEREAS, the Property is a suitable parcel of property for temporary parking purposes
for the Event; and
WHEREAS, Owner has agreed to allow for the free temporary parking on the Property
by the general public for the Event subject to the terms and conditions set forth in this License
Agreement.
NOW, THEREFORE, in consideration of the premises, and in further consideration of
the covenants and benefits flowing between the parties as set forth herein below, the City and
Owner, each intending to be bound, hereby agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. Authority. Owner warrants and represents that it has fee simple title to the Property
and that Owner has full right, authority and capacity to execute this License Agreement.
3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross
over and upon and park on the Property free of charge in connection with the Event. The
license granted herein may be utilized by the City and its invitees attending the Event.
The license shall be effective only on March 14, 15 and 16, 2014.
4. Insurance: Indemnification. In consideration of the granting of the license, the City
agrees to maintain adequate insurance coverage for the uses of the Property as
contemplated herein. In addition, to the extent permitted by law, the City hereby agrees
to indemnify and hold Owner harmless from and against all personal injury or death, loss
of or damage to personal property, loss, liability, costs, claims, demands, damages,
(Agreement/EventLicenseAgreement-Baptist-Expo2014)
actions, causes of action, suits and expenses arising out of any act or omission by the City
or its agents, subcontractors or employees; however, nothing contained herein shall serve
or allow any claim which would otherwise be barred under the doctrine of sovereign
immunity or by operation of law.
5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and
debris following the Event and otherwise to reasonably return the Property to its
condition prior to the Event.
IN WITNESS WHEREOF, the parties hereto have caused this City of
Edgewater Event License Agreement to be executed in their names as of the day and year first
written above.
WITNESSES: OWNER: FIRST BAPTIST CHURCH
/ of ED ' C
Calvin Patrick
Trustee
Dated: 2/r 6/, j
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
(Agreement/EventLicenseAgreement-Baptist-Expo2014)
CITY OF EDGEWATER
EVENT LICENSE AGREEMENT
(PARKING—EDGEWATER EXPO)
THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License
Agreement") is made and entered into this day of , 2014, by and
between the CITY OF EDGEWATER ("City") and EDGEWATER-NEW SMYRNA
CEMETERY, whose address is 1210 John Anderson Drive, Ormond Beach, Florida 32176
("Owner").
WITNESSETH:
WHEREAS, the City is sponsoring a Edgewater Expo, which will be held on March 14,
15 and 16, 2014, within the City of Edgewater(the "Event"); and
WHEREAS, it is anticipated that the parking requirements for this event will exceed the
number of parking spaces the City can safely provide on City property; and
WHEREAS, Owner is the owner of that certain parcel of property being located within
the City of Edgewater in the 700 Block of South Ridgewood Avenue (the "Property"); and
WHEREAS, the Property is a suitable parcel of property for temporary parking purposes
for the Event; and
WHEREAS, Owner has agreed to allow for the free temporary parking on the Property
by the general public for the Event subject to the terms and conditions set forth in this License
Agreement.
NOW, THEREFORE, in consideration of the premises, and in further consideration of
the covenants and benefits flowing between the parties as set forth herein below, the City and
Owner, each intending to be bound, hereby agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein
by reference.
2. Authority. Owner warrants and represents that it has fee simple title to the
Property and that Owner has full right, authority and capacity to execute this
License Agreement.
3. Grant of License: Term. Owner hereby grants to City a license for vehicles to
cross over and upon and park on the Property free of charge in connection with
the Event. The license granted herein may be utilized by the City and its invitees
attending the Event. The license shall be effective only on March 14, 15 and 16.
4. Insurance: Indemnification. In consideration of the granting of the license, the
City agrees to maintain adequate insurance coverage for the uses of the Property
as contemplated herein. In addition, to the extent permitted by law, the City
hereby agrees to indemnify and hold Owner harmless from and against all
. - ,_
personal injury or death, loss of or damage to personal property, loss, liability,
costs, claims, demands, damages, actions, causes of action, suits and expenses
arising out of any act or omission by the City or its agents, subcontractors or
employees; however, nothing contained herein shall serve or allow any claim
which would otherwise be barred under the doctrine of sovereign immunity or by
operation of law.
5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash
and debris following the Event and otherwise to reasonably return the Property to
its condition prior to the Event.
IN WITNESS WHEREOF, the parties hereto have caused this City of
Edgewater Event License Agreement to be executed in their names as of the day and year first
written above.
WITNESSES: OWNER: Edgewater-New Smyrna
Cemetery
Dated:
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Edgewater, Florida.
Approved as to form and legality by: Aaron Wolfe, Esquire
City Attorney
Approved by the City Council of the City of
Edgewater at a meeting held on this day of
2014 under Agenda Item No.
CITY OF EDGEWATER
EVENT LICENSE AGREEMENT
(PARKING—EDGEWATER EXPO)
THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License
Agreement") is made and entered into this day of , 2014, by and
between the CITY OF EDGEWATER ("City") and NOW, INC., whose address is 115 North
Ridgewood Avenue, Edgewater, Florida 32132 ("Owner").
WITNESSETH:
WHEREAS, the City is sponsoring a Edgewater Expo, which will be held on March 14,
15 and 16, 2014, within the City of Edgewater(the "Event"); and
WHEREAS, it is anticipated that the parking requirements for this event will exceed the
number of parking spaces the City can safely provide on City property; and
WHEREAS, Owner is the owner of that certain parcels of property being located within
the City of Edgewater at the corner of Lamont and North Ridgewood Avenue (the "Property");
and
WHEREAS, the Property is a suitable parcel of property for temporary parking purposes
for the Event; and
WHEREAS, Owner has agreed to allow for the free temporary parking on the Property
by the general public for the Event subject to the terms and conditions set forth in this License
Agreement.
NOW, THEREFORE, in consideration of the premises, and in further consideration of
the covenants and benefits flowing between the parties as set forth herein below, the City and
Owner, each intending to be bound,hereby agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. Authority. Owner warrants and represents that it has fee simple title to the Property
and that Owner has full right, authority and capacity to execute this License Agreement.
3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross
over and upon and park on the Property free of charge in connection with the Event. The
license granted herein may be utilized by the City and its invitees attending the Event.
The license shall be effective only on March 14, 15 and 16, 2014.
4. Insurance: Indemnification. In consideration of the granting of the license, the City
agrees to maintain adequate insurance coverage for the uses of the Property as
contemplated herein. In addition, to the extent permitted by law, the City hereby agrees
to indemnify and hold Owner harmless from and against all personal injury or death, loss
of or damage to personal property, loss, liability, costs, claims, demands, damages,
(Agreement/EventLicenseAgreement-NOW-Expo2014)
actions, causes of action, suits and expenses arising out of any act or omission by the City
or its agents, subcontractors or employees; however, nothing contained herein shall serve
or allow any claim which would otherwise be barred under the doctrine of sovereign
immunity or by operation of law.
5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and
debris following the Event and otherwise to reasonably return the Property to its
condition prior to the Event.
IN WITNESS WHEREOF, the parties hereto have caused this City of
Edgewater Event License Agreement to be executed in their names as of the day and year first
written above.
WITNESSES: OWNER: NOW, INC.
Mohammed M. Azam
Owner/President
Dated: Z12-) I el
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
(Agreement/EventLicenseAgreement-NOW-Expo20]4)
qb
AGENDA REQUEST
Date: February 20, 2014
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT 3/3/2014 BUSINESS
ITEM DESCRIPTION:
Amendment to Land Lease Agreement with Vertex Development, LLC
BACKGROUND: On January 6, 2014, the City Council awarded an RFP to Vertex
Development, Inc. and authorized the City Manager to execute the agreement for a land lease to
construct a communication tower at the Wastewater Treatment Plant Property. Vertex has been
working diligently to acquire permits and some of the processes have taken longer than
anticipated. Because of the proximity to the Massey Ranch Airport, FAA approval had to be
acquired. Also, potential expansion of the Wastewater Treatment Plant needed to be taken into
consideration with the footprint of the tower site. With that being said, the February 24th deadline
for the April Planning & Zoning Board meeting was missed. This will cause them to exceed their
"due diligence" period as the next meeting is not until May 14. This amendment will allow
Vertex to extend their timeline by 60 days. In addition, per FAA requirements, the actual pole
dimensions are now known and have been amended under paragraph 4(h) along with actual
survey exhibits.
STAFF RECOMMENDATION: Staff recommends approval of the First Amendment to Land
Lease Agreement with Vertex Development and authorization by the City Manager to execute
the document.
ACTION REQUESTED: A motion to approve the First Amendment to Land Lease
Agreement with Vertex Development and authorize the City Manager to execute the
document.
FINANCIAL IMPACT: (Finance Director)None
PREVIOUS AGENDA ITEM: YES NO XX
Respectfully submitted, Concurrence:
Brenda L. Dewees Robin L. Matusick
Director of Environmental Services Paralegal
racey '. C arlow
City anager
FIRST AMENDMENT TO LAND LEASE AGREEMENT
This First Amendment to Land Lease Agreement, is made this day of , 2014,
between City Edgewater,Ed ewater, a political subdivision of the State of Florida, hereinafter designated as
LESSOR, and Vertex Development, LLC, a Delaware limited liability hcompany, hereinafter designated
LESSEE.
WHEREAS, LESSOR is the fee simple title holder of the premises more particularly described
in Exhibit"A"attached hereto(the"Property"); and
WHEREAS, LESSOR acknowledges and agrees that the Property is subject to that certain
unrecorded Land Lease Agreement dated January 6,2014,with LESSEE(the"Agreement");and
WHEREAS, LESSOR and LESSEE desire to amend the Agreement and to modify the premises
as set forth below accordingly;
NOW, THEREFORE, in consideration of the promises hereinafter made and other good and
valuable consideration,the receipt of which is hereby acknowledged, LESSOR and LESSEE agree to the
following modifications and amendments to the Agreement:
1. Paragraph 2(a) of the Agreement is hereby amended with the following deletion (strikethrough)
and insertion(underline):
(a) This Agreement shall be effective as of the date of full execution by both parties
("Effective Date"). Vertex shall have one hundred twenty (120)one hundred eighty
(180)days from the Effective Date to conduct any necessary testing or evaluation of the
Leased Premises ("Due Diligence Period") and complete the Technical Review
Committee and Site Plan approval processes required by the City as described in the
City's Land Development Code ("Zoning Approval"). In the event that any of the testing
determines that a condition exists on the Leased Premises that would make it financially
unfeasible for Vertex to construct the Communications Facility, or Vertex is unable to
obtain any required Zoning Approval or Governmental Approval (hereinafter defined),
Vertex may terminate this Agreement with no further liability.
2. Paragraph 4(h)of the Agreement is hereby amended with the following deletion
(strikethrough)and insertion(underline):
(h) Vertex, shall as a part of this Lease Agreement, at no cost to City,reserve space
on the Communications Facility for the City's use at a height of 150' 160' on a one
hundred six., f of tower101.5' — 113.5' on a 149.5' monopole tower. If ground space
outside of Vertex's Leased Premises is not available, Vertex shall provide a no greater
than ten foot by ten foot (10' x 10') area within its Leased Premises in which to locate
ground appurtenances necessary to support City's use of the Communications Facility. It
is further agreed that the City may at any time during this Lease Agreement, install
Additional equipment to the City reserved space on the tower and/or enclosed ground
facility. This additional equipment shall be added at the City's expense.
3. Exhibit "A" and Exhibit `B" to the Agreement are hereby deleted in its entirety and is replaced
and substituted with the Exhibit "A" and Exhibit"B"attached hereto and incorporated herein by
reference.
4. In the event of any inconsistencies between the Agreement and this First Amendment, the terms
of this First Amendment shall control. Except as expressly set forth in this First Amendment, the
Agreement otherwise is unmodified and remains in full force and effect. Each reference in the
Agreement to itself shall be deemed also to refer to this First Amendment. All other terms of the
Agreement remain in full force and effect.
<Signature Page to Follow>
IN WITNESS WHEREOF,the Parties hereto have set their hands and affixed their respective
seals the day and year first above written.
LESSOR:
City of Edgewater,Florida
Witness
By:
Print Name Tracy Barlow, City Manager
Date:
Witness
Print Name Attest:
Bonnie A. Wenzel,CMC,City Clerk
(SEAL)
LESSEE:
Vertex Development,LLC,
Witness a Delaware limited liability company
Print Name By:
Name: Alan Ruiz
Title: Manager
Witness Date:
Print Name
EXHIBIT"A"
Page 1 of 3
LEGAL DESCRIPTION OF CITY'S PROPERTY
Parent Parcel:Volusia County Parcel#: 32-17-34-00-00-0050
32 17 34 PART OF LOTS 1 & 2 BEING 560.76 FT ON N/L W OF EDGEWATER ACRES MB 11 PG
299 OF N 892.17 FT ON E/L PER OR 2182 PG 1347 EXC 50 PC SUB SURFACE RIGHTS PER DB
311 PG 212
Easement Parcel: Volusia County Parcel#: 32-17-34-00-00-0150
32 17 34 GOVT LOTS 1 &2 W OF EDGEWATER ACRES &E OF MANGO TREE DREXC N 892.17
FT &INC S 1/2 OF SE 1/4 OF EDGEWATER ACRES AND E OF MANGO TREE DREXC 50%
SUBSURFACE RTS
EXHIBIT"A"
Page 2 of 3
LEGAL DESCRIPTIONS OF LEASED PREMISES AND DEPICTION OF PREMISES
TOWER PARCEL
THAT PART OF THE CITY OF EDGEWATER PARCEL,HAVING VOLUSIA COUNTY TAX
PARCEL NUMBER: 32-17-34-00-00-0050, SITUATED IN SECTION 32, TOWNSHIP 17 SOUTH,
RANGE 34 EAST,VOLUSIA COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT A 4"X 4" CONCRETE MONUMENT(NO IDENTIFICATION),AT THE
NORTHWESTERLY CORNER OF LOT 4,EDGEWATER ACRES,AS PER PLAT THEREOF
RECORDED N PLAT BOOK 11,PAGE 299,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA, SAID POINT BEING ON THE EASTERLY LINE OF THE "CITY OF EDGEWATER"
PARCEL,HAVING VOLUSIA COUNTY TAX PARCEL NUMBER: 32-17-34-00-00-0050; THENCE
SOUTH 21°49'30" EAST ALONG SAID EASTERLY LINE AND ALONG THE WESTERLY LINE OF
SAID EDGEWATER ACRES FOR 324.20 FEET;THENCE SOUTH 68°10'30" WEST FOR 308.44
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 22°10'24"EAST FOR 60.00 FEET;
THENCE SOUTH 67°49'36" WEST FOR 60.00 FEET;THENCE NORTH 22°10'24" WEST FOR 60.00
FEET;THENCE NORTH 67°49'36"EAST FOR 60.00 FEET TO SAID POINT OF BEGINNING.
CONTAINING 3,600 SQUARE FEET(0.08 ACRES),MORE OR LESS.
20 FOOT WIDE INGRESS AND EGRESS EASEMENT
THAT PART OF THE CITY OF EDGEWATER PARCEL,HAVING VOLUSIA COUNTY TAX
PARCEL NUMBER: 32-17-34-00-00-0050, SITUATED IN SECTION 32, TOWNSHIP 17 SOUTH,
RANGE 34 EAST,VOLUSIA COUNTY,FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF
A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A 4"X 4" CONCRETE MONUMENT(NO IDENTIFICATION),AT THE
NORTHWESTERLY CORNER OF LOT 4,EDGEWATER ACRES,AS PER PLAT THEREOF
RECORDED IN PLAT BOOK 11,PAGE 299,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA, SAID POINT BEING ON THE EASTERLY LINE OF THE "CITY OF EDGEWATER"
PARCEL,HAVING VOLUSIA COUNTY TAX PARCEL NUMBER: 32-17-34-00-00-0050;THENCE
SOUTH 21°49'30" EAST ALONG SAID EASTERLY LINE AND ALONG THE WESTERLY LINE OF
SAID EDGEWATER ACRES FOR 324.20 FEET; THENCE SOUTH 68°10'30" WEST FOR 308.44
FEET TO THE NORTHERLY CORNER OF AN 60 FOOT BY 60 FOOT TOWER PARCEL;THENCE
SOUTH 22°10'24"EAST ALONG THE NORTHEASTERLY LINE OF SAID TOWER PARCEL FOR
60.00 FEET TO THE EASTERLY CORNER OF SAID TOWER PARCEL;THENCE SOUTH
67°49'36" WEST ALONG THE SOUTHEASTERLY LINE OF SAID TOWER PARCEL FOR 60.00
FEET TO THE SOUTHERLY CORNER OF SAID TOWER PARCEL;THENCE NORTH 22°10'24"
WEST ALONG THE SOUTHWESTERLY LINE OF SAID TOWER PARCEL FOR 30.00 FEET TO
THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FEET
WIDE INGRESS AND EGRESS EASEMENT; THENCE SOUTH 67°49'36" WEST FOR 10.00 FEET
TO POINT "A";THENCE SOUTH 22°10'24"EAST ALONG A LINE PARALLEL WITH SAID
SOUTHWESTERLY LINE FOR 30.00 FEET TO AN INTERSECTION WITH THE
SOUTHWESTERLY PROJECTION OF SAID SOUTHEASTERLY LINE AND A POINT OF
TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; THENCE RETURN TO SAID POINT...
EXHIBIT"A"
Page 3 of 3
(...cont'd LEGAL DESCRIPTIONS OF LEASED PREMISES AND DEPICTION OF PREMISES)
..."A";THENCE SOUTH 67°49'36" WEST FOR 10.00 FEET; THENCE NORTH 22°10'24" WEST
FOR 190.00 FEET;THENCE NORTH 26°34'06" WEST FOR 189.00 FEET;THENCE SOUTH
86°45'34" WEST FOR 64.00 FEET;THENCE SOUTH 75°02'50" WEST FOR 201.44 FEET TO AN
INTERSECTION WITH THE WESTERLY LINE OF SAID "CITY OF EDGEWATER"PARCEL AND
THE EASTERLY RIGHT-OF-WAY LINE OF MANGO TREE DRIVE,AND THE POINT OF
TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 13,689 SQUARE FEET(0.31 ACRES),MORE OR LESS.
10 FOOT WIDE INGRESS AND EGRESS EASEMENT
THAT PART OF THE"CITY OF EDGEWATER" PARCEL,HAVING VOLUSIA COUNTY TAX
PARCEL NUMBER: 32-17-34-00-00-0050, SITUATED IN SECTION 32, TOWNSHIP 17 SOUTH,
RANGE 34 EAST,VOLUSIA COUNTY, FLORIDA,LYING WITHIN 5 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A 4" X 4" CONCRETE MONUMENT(NO IDENTIFICATION),AT THE
NORTHWESTERLY CORNER OF LOT 4,EDGEWATER ACRES,AS PER PLAT THEREOF
RECORDED IN PLAT BOOK 11,PAGE 299,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA, SAID POINT BEING ON THE EASTERLY LINE OF THE "CITY OF EDGEWATER"
PARCEL,HAVING VOLUSIA COUNTY TAX PARCEL NUMBER: 32-17-34-00-00-0050; THENCE
SOUTH 21°49'30" EAST ALONG SAID EASTERLY LINE AND ALONG THE WESTERLY LINE OF
SAID EDGEWATER ACRES FOR 324.20 FEET;THENCE SOUTH 68°10'30" WEST FOR 308.44
FEET TO THE NORTHERLY CORNER OF AN 60 FOOT BY 60 FOOT TOWER PARCEL; THENCE
SOUTH 22°10'24"EAST ALONG THE NORTHEASTERLY LINE OF SAID TOWER PARCEL FOR
60.00 FEET TO THE EASTERLY CORNER OF SAID TOWER PARCEL;THENCE SOUTH
67°49'36" WEST ALONG THE SOUTHEASTERLY LINE OF SAID TOWER PARCEL FOR 55.00
FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10
FEET WIDE UTILITY EASEMENT;THENCE SOUTH 22°10'24" EAST FOR 2.90 FEET;THENCE
SOUTH 38°01'30" WEST FOR 212.34 FEET TO THE POINT OF TERMINUS OF THE HEREIN
DESCRIBED CENTERLINE.
CONTAINING 2,152 SQUARE FEET(0.05 ACRES),MORE OR LESS.
EXHIBIT `B"
BOUNDARY AND TOPOGRAPHY SURVEY
(attached hereto)
1 / / PROPERTY OWNER NAME PARCEL NUMBER BOUNDARY AND
EO°EWATER MOWER d 9AaLL ENpNE SERNCE ,2—„—Sa—si—Dp_°aap °° \----TOPOGRAPHIC SURVEY
\1/ , EOCEwaIER NOwER d SNaLt ErvpNE SERNCE 52-I)-N-01-00-0380 /
EDGEwgTER MOMDt d 54ALL ENGINE SERNCE 52-1T-N-03-W-°383 00
[� 52-1)-3a-01-00-0390 BEGRM 32.10'€N9i I)
RAN
E
N EAST.
m 52-I)-34-O-W-0390 W MANX FLO OA
1 02 03 90 0 Y uE o2
01 Y UW 01 FOR:VER1EX DEVELOPMENT.LLC
/
IOI 1 MOH'Of W NESt 1pi V $$,\/, f/ \ \
RO\R(A vr.REC C""t HDI' (Ia nartiiCATION) �..1.7 j(p1 / EDGEWATER-ACRES-RESUB UNIT$
1 yle\EpBIE) tYKE w�•�.. ^1 LAT BOOK 19,PACE 162 \•
fµQ C 313 1.7' 51y59o\ W Co'N EDGEWATER ACRES \ 7
FWH0 5/8'PON ROD \ PLAT BOOK 11,PAGE 299 /
NO CAP(ILLEGIBLE)
LEGEND K 115`0,1 \°591 \
-.0.-- / /0---' '
NDICATES PLACED I/O'REBAR mix CEOUNE/LB)082 CAP \w \ "1--- HS? ''C \
•❑ NDICATES CONOETE MONUMENT FOUND AS NOTED r^ .0-'11- 6 W.
0 NDICATES IRON PIN FOUND AS NOTED 50,".-°°-",-;6•C'YU -LOt \
--- NDCATES❑65ENG SANITARY SFNET ASK _
—m—- NDCATES OGEBROtWND REUSE WATER ONES FOMO 5/5'IRON-• NORMERI
NOICATES OVIIME€0 UTIUtt LINES AND CAP(ILIECIBIE) •
\Y
/
a NOICATES MEL POUT ,OK
o ND1CAlE5 METAL LIGHT POLE )Ot \
__SP) NOCATES NFC DON PER RECORDED PLAT
,� \2S J\ / /\f) NOICATES RECORD DESCRIPTION D€r€
0 NDICAIES ASPHALT ROAD - \ • N S�j /•-AN•INDICATES OAK TREE AS NOTED (p) \
TREE NOTE: INDICATED TREE SZE IS TRUNK \ \
DIAMETER IN INDIES 4-5 FOOT ABOVE CROWD
NAVD'B9-NORM€UERICAN VERTCAL DATUM.1988 AAJIISTUENT. FOUND 1/2'wow RW '{ \
y 01009•29-NAROIAL GEODETIC VERTICAL DATUM.1929 AD0STLENT. (NO OENnRCAow R
z HAD'83-INDICATES NORM AMERICAN DATUM.1983 ADJUSTMENT. fl \
s1 RAD Y)-INDICATES NORM AMERICAN DATUM.1927 ADJUSTMENT. .\•OI \Y_
s $. \1A \ lOt3
1 9' \SWMER`Y U O\IOP/' 299
I
A 11 PONT OF COMMENCEMENT:
PARCEL •N RAt B t
20'TIDE INGRESS AND EGRESS EASEMENT Ps EDGEWATER ACRES
N0 RMM1AESi COORNER OELoT• PLAT 9001< 11,PAGE 299
FOUND•••a'CONCRETE MONUMENT m
(NO IDENTIFIC4nON) LOT 4
UTILITY EASEMENT N
OF'F10AL RECORD BOOK 3805.PAGE 579
OFFICIAL RECORD BOOK 4915,PAGE 474 ,i, 9, �,
CENTER CF PROPOSED TOWER INFORMATiON: N. W cli
11 5 58•4514'W HAI1 ES '6 '1,
LA
pp TITUDE-28100443'N 200
0
.1' L(N01UOF-50944862”W±20
1500,/ 't2 t ty:. RAD 27
20 .11 rlA 5 Lan0UT£-2539'049 A N Ma /Ot•t 6 \ h LONOTWE-6034'49.43'W 1x0'
5 e B A GAIE..1; 9 y .1 g 14\ ...\\ OK0LND LI£VARKN-)090 N.3136 ' TAW
't.t. P 0 \ CROWD ELEVATOR-85'83'500029 raP .151P)_N
' 4• \\. \\16 .\SlP\�
'gNrOF ICI IRTION 1't B•\ \\ PARENT PARCEL 147--:;: 'K"
91.
CENTERLINE OF 20 TIDE $�• ''.. \ CITY OF EDGEWATER. �
INGRESS IORESS \ TAx PARCEL HUNGER:32-1)-34-0°-00-0050
p
6' \\ UTIUtt EASEMENT y
t\ AUGMENTATION OFFICIAL RECORD BOOK 3805.PACE 589 J .."41.1' y
N WNW,EASEMENT OFFICIAL RECORD BOOK 0915.PAGE 0)2
OFFICIAL RECORD BOOK 3805,PAGE 591
,OFFICIAL RECORD BOOK 451 5.PAGE 478 \ ,.,,,,,,,_T/),E ATER T G;t
I
),
." [ A Yo
i
\ OMOE/E XI5 00;9
ATER ARK V N
$,1..,1-Qt C'6' r`N^p 691
0
\ 0`• 0.
GRAPHIC SCALE A "` 5
25 012.523 50 100 \ \ P� „bt RATGONGREIE
ER TIM(
SCALE FOR 2t IN x 36"SHEET:1•-SCE T>� ` 11
SCALE FOR 11'x 10 SHEET:1•-100' \ 8 t3
t�'t^ 8912 / FWND 1/2-IRON ROD'
5 (NO RENIFICATON)
6 \
9 SITE DETAIL Ott ED EDGEWATER.
\ V// -' \ PAGE 2 DF 2/TAX PARCEL NUMBER:32-1)-34-00-00-0150
-'S,,\
/'• +
SURVEYOR'S NOTES
/////'S'4.y�47:,.....''..>"--- . BEARINGS OF S JTA 2 ARE'REFERENCED TO OE €STEREO
BEARING A SW C 21'48 CC DE IN ALONG 90 NESIERLY
AG LINE
OF EDGEWATER ACRES S OF 009 IH P OU BOO(11,PACE 299,
OF THE PUBLIC RECORDS OF`RLY LINE COUNTY.ROKOA,SAID
� yY UUNE BENG ALONG ME EASTERLY LNE OF ME PARENT PARCEL
V JJ �`iy 2. UNDERGROUND UTILITIES SHORN NEREOI ARE UNDID TO
`•D AND ARE PER OBSERVED,INUESD ABOyEWOUND INDICATIONS
AN ATIO S SET BY
\ \ .'" LIFT \ TMMERS NO SUBSURFACE INVESTIGAnON WAS PERFORMED By
/" ���..."TYYY✓// STgnON Is OFFICE.
\ /....0"
�4 3. ME BWMOARY d TOPWRAPNC SuRVET 910114 HEREON IS
//ate+ N05.J JS BASED ON ACTUAL FIELD MEASUREMENTS AND COSERVAMNS
/. \ ■ DATED JANUARY 16,2014.
• E `• o
�� Pp(iJNE[cF+'NENt Jf ,\ THE O5p AL SIGNATURE AND THE RAISED SEAL OF A RCRIDA ti vA
CE NUtNT1 \\ LICENSED 91RVEYOR AND YAPPER.
/ 5. ME PURPOSE OF THIS s(RAY IS TO ESTAOISN AND
'T' SE NSO BA B NDARYAWRVEr or THENAARENT o.( rs.THIS
CID OF EDGEWATER. �\
%PARCEL NUMBER 32-1)-34-W-W-0150 6. UniuDE AND LONGITUDE VALUES DEPICTED HEREON ARE
FLOOD NOTE TA BASED UPON ms WsERVAnas MADE MM AN ASx TEw
ACCORDING To MY NTERPRETAT1AN OF CO21DRATY PANEL NuMBER 120308 0885 G • DATAS FILES AND AREi EFEE NCED TO NA MM AONS
OF ME FEDERAL EMERGENCY MANAGEMENT AGENCY(FEAR€)NAnONAL ROW '\ DATA Fl1E3 AXp ARE REFERENCED TO ME NAp'8]DATUM.
INSURANCE PROGRAM(NOP)FLOW INSURANCE RATE MAP(RPM)FOR ME OTT OF ). ELEVATIONS DEPICTED HEREON ARE BASED UPON(FS
EDGEWATER,VRLURA COUNTY,RORK..DATED 2/19/2014.THE SUBJECT OBSERVATIONS MADE NM AN AOATECM LOCUS RECEIVER THAT
PROPERT.IS N 1(000 ZONE'x(SHADED)".'AREAS OF 0.2%€ANAL OIANCE WERE POST PROCESSED NM COBS DATA FILES AN0 ARE
FLOOD.AREAS OF IN ANNUAL CHANCE RIM MM AVERAGE OEPMS OF LESS REFERENCED TO ME MAV0118 DATUM.
MAN I FOOT CR MM DRAINAGE AREAS LESS MAN I SOuARE MW,AND AREAS
PROTECTED BY LEVEES FROM ME IN ANNUAL 01AICE ROW'. 8. MIS s1RVET WAS PREPARED MMOUT THE SENEET OF A
TITLE SEARCH OR AN ABSTRACT THIS OFFICE HAS NOT
VICINITY MAP LOCATION MAP CIA I1NED AN INDEPENDENT 15, GHTS-°F-WAY,ABANDONMENTS.RECORDS
NOT TO SCALE NOT TO SCALE ZONING.SETBACKS CR DEED RESTRICTIONS.
,, 9.PARENT PARCEL 0001005:
_ L y N J I.
' 4\ fOGEwATER D.3 1132
�•- y cT .. NNG INC
b N� GEQJNE AIRVE ..LB)052
. N L N: �1�
. 2/19/2014
V
\ a P
AN G.9NR .SON AND• .y+"' ." - �F°'" > � RO60A PRO"E59ONA SURVEYO.5022
YAPPOt
c : CQRRFlCAIE OF REOSIRAROI 010.'A22
o- ^ NN NWNW TOFU) •
CAE LINE L Mae. MN.MI: "
's TE SURVEYING,INC. (>en.16 0.(80,..2 N..
1q geR11n4Wg4dn4RC PK
�� �•i•• SITE w4411 264-42
m,.06m0 SKR, mom
�,. ,..m' .1 \ ; �'•"'< _ a VERTEX DEVELOPMENT SITE NO.FL-5214
/ . EDGEWATER SITE,VOLUSIA COUNTY,FLORIDA
ADDRESS:409 MANGO TREE DR,EDGEWATER,PL 32132
-- 20.-02 I I°• 1 R.2
\ �I Z BENCHMARK: 0'64
•
BOUNDARY AND
\ '�\\ ,f4' ELEVATION-6.9 NAVD'88 I I
TOPOGRAPHIC SURVEY
w SECTION 32 TOWI9RP 11 SOUTH,RANGE 34 EAST,
1 v `" I d YOVERT COUNTY,FLOTNT,
`AI .\ FOR.VERTEX DEVELOPMENT,LLC
\ PENT OF BEGINNING:
\ TONER PARCEL
\\\
/y 60�
■ Vvv % �\ LEGEND
\ \ •l • INDICATES PLACED 1/2'RERAN INFO GEOLINE/U37082 CAP IVI
\ ,\ \, E 0 NOICATES CONCRETE MONUMENT FOUND AS NOTED I v
\\ \ \\ .5'; TOWER PARCEL T ,, -6.--O INDICATES IRON PIN FOUND AS xOTE0
\ \ N6 3.500 00 0.013 ACREST E INDICATES OVERHEAD on..LINES
\ \ , P INDICATES UTILITY PCLE
\ O INDICATES METAL UGINT POLE CONCRETE
\\ \ \\ =INDICATES ASPHALT ROAD WATER TANK
\ \ {\tl •<- INDICATES OAR TREE AS NOTED
\\\ \ \\ f� ' '� L �.\� t DTREE NOTE IAMETER IN INCIES N FOOT ABOVE GROUND
\ NAVD'88-NORTH AMERICAN VERTICAL DATUM,MB ADJUSTMENT.
9`'o (/ NGVD'29-NATIONAL GEODETIC VERTICAL DATUM.1929 ADJUSTMENT.
\\ \ \\ YZ I ' HAD'B3-INDICATES NORTH AMERICAN DATA,1983 AOJUSTNEENT.
Q of
\ ,\ iS Z Zr\, p NAT)'27-INDICATES NORTH AMERICAN DAMN.1921 AOJUSI4ENT.
■ \ Yo \ c T � 6449.IOU," GGRAAPPHIICCESCCA EE-
\ \', i �, 4, / 091E BENCHMARK; $. SCALE FOR 2:0 3366E SHEET:1'-10'
\ . W TRW a;/ TDP Cr SET 1/2"REBATE U CAP SCALE FOR 11'X 1)'SHEET:1'-20'
5 610 X00 STAMPED"GEOUNE LB 1082'CAP
ELEVATION-15.3'NAV068
'
000 ` 1
_..- AA ' • CONCRETE
WATER TAN
K C \ 4 55 / 1
..", R , $g CP*6ViDf' / i�• o eg• d .,
v � . �E _ .
v , ' $
, . b i
\ \ter^ . `+611
E
\ �'E$, '0 9, 0 1C\d
D\' ) S 1
\ \/ /
YYY
5 ,
}.( \w-AUGNDITAMYI
/ \ LINE
PROPERTY DESCRIPTIONS TITLE DOCUMENTS REVIEW NOTE
PARENT PARCEL COPIES OF THE FOLLOWING RECORDED DOCUMENTS FROM ME PUBLIC RECORDS
OTT OF EDGEWATER.VOLUSA COUNTY TAX PARCEL NUMBER:32-11-34-00-00-0050 Cr VOWS/.COUNTY.FLORIDA,WERE PROVIDED TO THIS OFFICE BY THE
CLIENT FOR OUR CCNSDERAYON FOR MIS SURVEY:
TONER PARCEL
(PREPARED BY G'EOLME SURVEYING.NC.) EASEMENT RECORDED IN OFFICIAL RECORD BOCK 585,PAGE 43. ME
DOCUMENT IS ILLEOBLE AND NOT ABLE TO BE ADDRESSED HEREON.
MAT PART OF ME OTT Cr EDGEWATER PARCEL HAVING VO USIA COUNTY TAX PARCEL
NUMBER:32-17-34-00-00-0050.SITUATED IN SECTION 32,TOWNSHIP t)SOUTH,RANGE EASEMENT RECORDED IN OFF1OAL RECORD BOO(1215,PAGE 616. DOES NOT
34 EAST.VOLUNA COUNTY,FLORIDA.BONG MORE PARTICULARLY DESCRIBED AS FO101S AFFECT THE PARENT PARCEL,TONER PARCEL CR THE ASSOCIATED INGRESS.
EGRESS AND UTILITY EASEMENT. NOT DEPICTED HEREON.
COMMENCE AT A M X 9 CONCRETE MONUMENT(NO IDENTIFICATION),AT TIE
NORTHWESTERLY CORNER OF LOT 4,EDGEWATER ACRES.AS PER RAT THEREOF RECORDED OUT CLAIM DEED RECORDED IN OFFICIAL RECORD BOOK 3692,PAGE 918.
IN RAT BOOK 1I,PAGE 299,OF THE PUBLIC RECORDS OF VOLUSA COUNTY.FLORIDA,SAID PROVIDES FOR THE RIGHT-OF-RAY Cr MANGO TREE DRIVE TIDES NOT
PONT BEING ON THE EASTERLY UNE OF THE'OTT OF EDGEWATER"PARCEL,HAVING VOLUSA AFFECT THE PARENT PARCEL TONER PARCEL OR ME ASSOCIATED INGRESS.
COUNTY TAX PARCEL NUMBER:32-11-34-00-0-0050:THENCE SOUTH 21.49'30-EAST EGRESS AND UnUTY EASEMENT
ALONG SAID EASTERLY LINE AND ALONG 111E WESTERLY LINE OF SAID EDGEWATER ACRES EASEMENT REGORGED IN°roaAL RECORD BOOK 3805,PAGE 519. AFFECTS
FOR 324.20 FEET;THENCE SOUTH 681030 NEST FOR 30044 FEET TO TIE POINT OF THE PARENT PARCEL DOES NOT AFFECT THE TONER PARCEL OR THE
BEGINNING.THENCE SUTH 221024"EAST FOR 6000 FEET;THENCE SOUTH 67'19'36'NEST ASSOCIATED INGRESS.EGRESS ANO UYATY EASEMENT DEPICTED HEREON.
FOR 60.00 FEET;THENCE NORM 221024'NEST FOR 60.00 FEET;THENCE NORTH 6149'36'
EAST FOR 60.00 FEET TO SAID POINT OF BEGINNING. EASEMENT RECORDED IN OFFICIAL RECORD BOOK 3805.PAGE 591. AFFECTS
THE PARENT PARCEL DOES NOT AFFECT THE TOWER PARCEL OR THE
CONTAINING 3,600 SOU/PE FEET(008 ACRES),MORE 01 LESS. ASSOCIATED INGRESS,EGRESS AND UTNITY EASEMENT. DEPICTED HEREON.
20 FOOT AIDE INGRESS AND EGRESS EASEMENT EASEMENT RECORDED IN ORIOAL RECORD B0O1 4915.PAGE 463. DOES NOT
(PREPARED BY GEOLINE SURVEYING.INC.) AMC,THE PARENT PARCEL TONER PARCEL CR THE ASSOCIATED INGRESS.
EGRESS ANO UTILITY EASEMENT. NOT DEPICTED HEREON.
MAT ART OF THE CITY OF(00100TER PARCEL HAVING VO1.190 COUNTY TAX PARCEL
NUMBER:32-17-34-00-00-0050,STATED IN SECTION 32,TOWNSHIP 11 SOUTH,RANGE EASEMENT RECORDED IN OFFICIAL RECORD BOG(4915,PAGE•12. AFFECTS
34 EAST.VOUSA COUNTY.FLORIDA,LYING WITHIN 10 FEET OF BOTH NOES OF A ME PARENT PARCEL.DOES NOT AFFECT THE TONER PARCEL OR THE
CENTE6UNE BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: ASSOCIATED INGRESS,EGRESS AND UTILITY EASEMENT. DEPICTED HEREON
COMMENCE AT A 4'X 4'CONCRETE MONUMENT(NO IDENTIFICATION).AT TIE EASEMENT RECORDED N OFFICIAL RECORD BOO(4915,PAGE 414. AFFECTS
NORTHWESTERLY CORNER OF LOT 4,EDGEwATER ACRES,AS PER RAT THEREOF RECORDED ME PARENT PARCEL DOES NOT AFFECT THE TOWER PARCEL OR THE
IN RAT B00K II,PAGE 299,OF ME PUBLIC RECORDS OF VOLU9A COUNTY.RONDA.SAID 1550001(0 INGRESS,EGRESS AND UTXUTY EASEMENT. DEPICTED HEREON.
PONT BONG OI ME EASTERLY UNE OF THE'OTT OF EDGEWATER.PARCEL.HAVING CPUSA EASEMENT RECORDED IN OFFlOAL RECORD 8000 4915,PAGE 418. AFFECTS
COUNTY TAX PARCEL WIPER:32-11-34-0-00-0050;THENCE SOUTH 2149'30"EAST THE PARENT PARCEL DOES NOT AFFECT THE TOWER PARCEL OR THE
ALONG SAID EASTERLY UNE AND ALONG THE MESTE FOR UNE OF SAID EDGEWATER ACRES ASSOCIATED INGRESS.EGRESS AND UIUTY EASEMENT. DEPICTED HEREON.
FOR 324.20 FEET;THENCE SCUM 6610'30 NEST FOR 30644 FEET TO THE NORTHERLY
CORNER OF AN 60 FOOT BY 60 FOOT TONER PARCEL;THENCE SOUTH 2 "EAST ALONG
THE NORTHEASTERLY LINE OF SAID RE EA TONER PARCEL FOR 60.0 FEET TO RE EASTERLY
CORNER OF SAID TONER PARCEL:MENGE SOUTH 6149'36'WEST ALONG THE
STERLT UNE OF SAID TONER PARCEL FOR 60.0 E FEET TO THE SOUMFRLY CORNER
RE SAID 0"SAID TONER PARCEL MENGE NORTH 2210'24'NEST ALONG THE SOUMWESTERY UNE
OF SAID TONER PARCEL FOR FEET FEET TO THE PONT OF BEGINNING OF THE THENCE S NE
OF THE HEREIN DESR0ED 20 FEET WIDE INGRESS AND EGRESS EASEMENT;HENCE SOUTH
6749'36"NEST FOR 10.00 FEET TO PONT'A";THENCE SOUTH 22107 EAST ALONG A
LONE PARALLEL NTH SAID SOUTHWESTERLY UNE FOR 0.0 FEET TO MI INTERSECTION NTH
ME SOUTHWESTERLY PROJECTION Cr SAID SOUTHEASTERLY UNE MO A PRINT OF TERMINUS
RT THE HEREIN DESCRIBED CENTERLINE:THENCE RETURN TO SAID ';THENCE SOUTH
6149'36"WEST FOR 10,0 FEET;THENCE NORTH 2210'24'NEST FOR AR 10.90.0 FEET;THENCE
NORTH 26'4'06"NEST FOR 189.0 FEET;THENCE SCUM 8643'34'NEST FOR 64.0 FEET:
THENCE SOUTH 150250"WEST FOR 201.44 FEET TO AN INTERSECTION WITH THE WESTERLY
UNE OF SAID"CITY Cr EDGEWATER'PARCEL AND THE EASTERLY RIGHT-OF-WAY UNE Cr
MANGO TREE DRIVE,AND THE PONT OF TERMINUS CF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 13.689 SPARE FEET(0.31 ACRES).MORE OR LESS.
10 FOOT WIDE INGRESS AND EGRESS EASEMENT
(PREPARED BY GEOLINE SURVEYING.INC.)
THAT PART OF ME"OTY Cr EDGEWATER'PARCEL HAYING VOLUSA COUNTY TAX PARCEL
NUMBER:32-11-34-0-0-050,SITUATED IN SECTION 32,TOWNSHIP Ti SOUTH,RANGE
34 EAST,VOLUSA COUNTY.FLORIDA,LONG 111061 5 FEET OF 50TH SIDES OF A CENTERLBIE
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A 4'X t CONCRETE MONUMENT(NO IDENTIFICATION),AT THE
NORTHWESTERLY CORNER OF LOT 4,EDGEWATER ACRES,AS PER RAT THEREOF RECORDED
IN RAT BOOK II,PAGE 299.OF THE PUBLIC RECORDS OF VOLUSA COUNTY.FLO80A.SAID
PONT BONG ON THE EASTERLY UNE OF THE'OTT RE EDGEWATER.PARCEL,HAYING VOLUSA
COUNTY TAX PARCEL NUMBER:32-11-4-0-0-050:THENCE SOUTH 2149'30'EAST
ALONG SAID EASTERLY UNE AND ALONG THE NESTERLT LINE OF SAE EDGEWATER ACRES
FOR 324.20 FEET;THENCE SOUTH 681730"NEST FOR 308.44 FEET TO THE NORTHERLY
CORNER Cr AN 60 FOOT BY 60 FOOT TONER PARCEL;THENCE SOUTH 2210'24"EAST ALONG
THE NORTHEASTERLY UNE OF SAID TONER PARCEL FOR 6000 FEET TO TIE EASTERLY
CORNER Cr 5010 TOWER PARCEL THENCE SOUTH 6749'36'WEST ALONG THE
SOUTHEASTERLY UNE OF SAID TONER PARCEL FOR 550 FEET TO TIC PONT OF BEGINNING
OF THE CENTERUNE OF THE HEREIN DESCRIBED 10 FEET WIDE UTILITY EASEMENT;THENCE
SOUTH 2210'24'EAST FOR 2.90 FEET;THENCE SOUTH 3601'30 NEST FOR 2127 FEET TO f j c. ^� GEQJXE SURVEYING,NO,tB 1062
ME POINT OF TERMINUS OF ME HEREIN DESCRIBED CENTERLINE. (///d A FH '
CONTAINING 2,152 SPARE FRET(0.05 ACRES).MORE OR LESS i]IY'N.mm^ , / )[[J�
I `\`�\ Rpm ��/R^JjP 2/t9/201a
"...0106-7- FLORIDA PROFESSIONAL SURVEYOR AND MAPPER
CERTIFICATE OF REOSTRATKN NO.5022
'
G ESL I N E L •
... ^°SURVEYING,INC. GNI41enFe°(H� -..°
9ewe•polinein<.con
888.8808,63 SOIT
wn I 1 As 9401.81
pato 08813 9.1087 .SOP NI
VERTEX DEVELOPMENT SITE NO. FL-5214
EDGEWATER SITE,VOLUSIA COUNTY.FLORIDA
ADDRESS:409 MANGO TREE DR,EDGEWATER,FL 5818E
ss m■-ez [ l''''' 2 R 2
`k,
AGENDA REQUEST
Date: February 20, 2014
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT 3/3/2014 BUSINESS
ITEM DESCRIPTION: Purchase of a Refuse Transfer Trailer from General Truck
Equipment & Trailer Sales in the amount of$77,237.50
BACKGROUND: The Refuse Department fiscal year 2014 budget has $83,600 allocated
toward the purchase of a transfer trailer. This trailer is used to haul refuse from the transfer
station to the landfill. The Florida Sheriff's Contract has the required equipment that can be
purchased in the amount of$77,237.50.
STAFF RECOMMENDATION: Approval of the purchase order to procure a transfer trailer
from General Truck Equipment& Trailer Sales in the amount of$77,237.50.
ACTION REQUESTED: A motion to approve the purchase order to procure a transfer
trailer from General Truck Equipment & Trailer Sales in the amount of$77,237.50.
FINANCIAL IMPACT: (Finance Director) $77,237.50 (447-5555-580.64-20)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO
Jo or cKinney, Finance Director
PREVIOUS AGENDA ITEM: YES NO XX
Respectfully submitted, Concurrence:
Brenda L. Dewees Robin L Vlatusick
Director of Environmental Services Paralegal
acey . Barlow
ity .nager
February6, 2014 GENERALTRUGK
EQUIPMENT & TRAILER SALES INC.
Mr. Robert lasimone 5310 BROADWAY AVENUE • POST OFFICE BOX 6954
City of Edewater JACKSONVILLE,FLORIDA 32254 • PHONE 904/389-5541
409 Mango Tree Dr.
Edgewater, FL
Quote on new Mac Model TNSP48MF Waste
Trailers with Walking Floor per Spec 41 on Florida Sheriff's Contract#13-11-0904.
Base Unit/Northern $66,425.00
GTE 39063/4" Hi Impact Floor $2,500.00
GTE 3907 Hydraulic Flip Tarp(will provide Donavan Sidewinder) $6,500.00
GTE 3908 12' Crossmember $200.00
GTE 3909 .175 Overlay in 10' $990.00
GTE 3910 Rubber Seal on Tailgate $290.00
You still also require the following non-specified option:
NSO#1 14"Wide x 32" Long Vision Window
w/Expanded Metal 32" Up From Floor Level List$350.00 $332.50
Total $77,237.50 each
Delivery is currently running 90-120 days.
Thanks for your consideration.
Since -ly yours,
G. & ILE INC.
'Jacksonville's Only Complete Truck Equipment Center"
TRUCK BODIES TRUCK EQUIPMENT TRAILERS
FRP&Furniture Cement Mixers Hoists-Lift Gates Van Flatbeds
Dry&Refrigerated Tank Trailing Axles-5th Wheels Refrigerated Lowboys
Flat&Stake Hi-Litt PTO-Fuel Tanks Open Tops Dumps
Steel&Aluminum Dump Beverage Wreckers-Aerial Buckets Furniture Tanks
Service&Utility Pick-Up Truck Mounted Cranes Electronic Bulkfeed
Refuse Specials Yard Tractors-Winches Livestock Specials
•
et,
- ,,, , ,;."
FA
FLORIDA
.AStiociAi'[o\or
1701 :c s" COUNTIES
All About Florida
FLORIDA SHERIFFS ASSOCIATION
& FLORIDA ASSOCIATION OF COUNTIES
48' WASTE TRAILER WITH WALKING FLOOR
SPECIFICATION #41
2014 Mac Trailer TNSP48MF
ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED
jNSTRUCTIONS;Listed above,you will find the model numbers of the vehicles that will be included in this year's contract.
1. DIMENSIONS;
a. Length-48'aluminum
b. Width- 102"
c. Side height- 100"
2. FLOOR:
a. Keith o Hallco nning floor
b. Extreme •u- s ats with center rib
3. CROSSMEMBERS:
a. 14"spacing
4. CROSSTUBES:
a. Center and rear crosstubes
b. Bolt in style
5. LIGHTS:
a. LED lights
b. Mid turn lights
6. TARP:
a.Manual roll type-side to side
b. Mesh type tarp
7. TAILGATE:
a. Side swing-left o> t
b. CAM locking system with safety chain
c.Extreme duty hinges
8.J.ANDING GEAR:
a. Holland Mark V
9.AXLES:.
a. TP axles or equivalent
b. Same inner and outer bearings
c. Outboard mount hubs
Bid Award Announcement(13-11-0904) 1027
10. SUSPENSION:
a. Cast hangers
b. Leaf springs
11. TIRES AND WHEELS:
a. Steel Disc 22.5x8.25
b. 11R22.5 radial tires
12. MISCELLANEOUS:
a. Tow hooks on rear
b. Air deflector in front
Bid Award Announcement(13-11-0904) 1028
FA
FLORIDA
ii5; 1% ASSOCIATION Of
i14i� s`W COUNTIES
All About Florida
FLORIDA SHERIFFS ASSOCIATION
& FLORIDA ASSOCIATION OF COUNTIES
48' WASTE TRAILER WITH WALKING FLOOR
SPECIFICATION #41
2014 Mac Trailer TNSP48MF
The Mac Trailer TNSP48MF purchased through this contract comes with all the standard equipment as specified by the manufacturer
for this model and FSA's base vehicle specification(s)requirements which are included and made a part of this contract's vehicle base
price as awarded by specification by zone.
ZONE: *Western *Northern *Central *Southern
BASE PRICE: $66,500.00 $66,425.00 $66,725.00 $66,900.00
While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment
items most often requested by participating agencies for full size vehicles,we realize equipment needs and preferences are going to
vary from agency to agency.In an effort to incorporate flexibility into our program,we have created specific add/delete options which
allow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost
of the type vehicle(s)you wish to order through this program.Simply deduct the cost of any of the following equipment items you
wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the
approximate cost of the type vehicle(s)you wish to order.
NOTE:An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when
preparing your order.Additional add/delete options other than those listed here may be available through the dealers,however,those
listed here must be honored by the dealers in your zone at the stated prices.
Bid Award Announcement(13-11-0904) 1029
VEHICLE: TNSP48MF
DEALER: General Truck Equipment General Truck Equipment General Truck Equipment General Truck Equipment
Trailer Sales,Inc. Trailer Sales,Inc. Trailer Sales,Inc. Trailer Sales.Inc.
ZONE: *Western *Northern *Central *Southern
BASE PRICE: $66,500.00 $66,425.00 $66,725.00 $66,900.00
Order Code Delete Options All Zones
GTE 3901 1 Downgrade to 96"wide ($500.00)1
GTE 3902 1 Delete option-specify ($500.00)1
Downgrade to 45'or less l
GTE 3903 1 Delete option-specify ($16,000.00)1
Delete walking floor for tipper application(1/4"solid aluminum floor) I
Delete option-specify NA
Order Code Add Options All Zones
GTE 3904 I Upgrade to 53'length trailer $2,500.001
GTE 3905 1 Leak proof floor $7,800.001
GTE 3906 1 Optional floor slat $2,500.001
3/4"Hi Impact
GTE 3907 1 Hydraulic flip tarp $6,500.001 X
GTE 3908 1 12"crossmembers $200.001
GTE 3909 1 .175 overlay inside 10' $990.001;(
GTE 39101 Rubber seal on tailgate $290.001 X
GTE 3911 9 leaf spring suspension $400.001
GTE 3912 1 11R24.5 radial tires $290.001
Steel construction NA
Ejector system versus walking floor NA
GTE 3913 1 Optional equipment-specify $2,200.001
Smoothside
Optional equipment-specify NA
Optional equipment-specify NA
Optional equipment-specify NA
Optional equipment-specify NA
Optional equipment-specify NA
Optional equipment-specify NA
Optional equipment-specify NA
Optional equipment-specify NA
Optional equipment-specify NA
Temporary tag NC
Transfer existing registration(must provide tag number) NA
New state tag(specify state,county,city,sheriff,etc.) NA
Maintenance Plan-specify NA
Maintenance Plan-specify NA
Bid Award Announcement(13-11-0904) 1030
VEHICLE: TNSP48MF
DEALER: General Truck Equipment General Truck Equipment General Truck Equipment General Truck Equipment
Trailer Sales,Inc. Trailer Sales,Inc. Trailer Sales,Inc. Trailer Sales,Inc.
ZONE: *Western *Northern *Central *Southern
BASE PRICE: $66,500.00 $66,425.00 $66,725.00 $66,900.00
Warranty-specify I Std'
Standard-One Year
Warranty-specify NA
5%Discount 1 Discount percentage off manufacturer's current published retail prices for non-specified options $0.05
and any optional models bid.This discount ONLY APPLIES to a downgrade or an upgrade to the
model listed in this specification.It does not apply to a completely different make or model.(The 1
discount is applied to the manufacturer's current published retail prices.) i
Bid Award Announcement(13-11-0904) 1031
g0.
AGENDA REQUEST
C.A. #2014-AN-1308
Date: February 11, 2014
PUBLIC
HEARING March 3, 2014 RESOLUTION ORDINANCE X
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
2nd Reading Ordinance No. 2014-0-06 Fisherman's Cove Builders, LLC, applicant
requesting annexation of 23.92± acres of
property located east of U.S. Highway 1
between Douglas Street and E. Ariel Road
OWNER: Fisherman's Cove Builders, LLC
APPLICANT/AGENT: Fisherman's Cove Builders, LLC
REQUESTED ACTION: Annexation
PROPOSED USE: Single-family residential development
LOCATION: East of U.S. Highway 1 between Douglas St. and E. Ariel Road
AREA: 23.92± acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Urban Medium Intensity/Commercial
ZONING DISTRICT: Volusia County RPUD (Residential Planned Unit Development)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Residence Volusia County Urban Volusia County MH-5W
& Mobile Home Medium Intensity (Urban Mobile Home)
East Indian River Indian River Indian River
South Single Family Residence Volusia County Urban Volusia County MH-5W
& Mobile Home Medium Intensity (Urban Mobile Home)
West Vacant Volusia County Volusia County B-4
Commercial (General Commercial)
Background: The subject properties are part of a Planned Unit Development that was approved for 63
single-family dwelling units. Infrastructure has been installed but no houses have been built.
Land Use Compatibility: The proposed single-family residential use is compatible with the adjacent
properties.
Adequate Public Facilities: This site has access to U.S. Highway 1. Water and sewer services are
currently available.
Other Matters:
A Comprehensive Plan Future Land Use Map and Official Zoning Map amendment shall occur at a later
date.
City Council approved first reading of the Ordinance by a vote of 5-0 on February 3, 2014.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 2014-0-06, annexation of 23.92± acres of property located
east of U.S. Highway 1 between Douglas Street and E. Ariel Road.
ACTION REQUESTED:
Motion to approve Ordinance 2014-0-06.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES X NO
If so, DATE: February 3, 2014 AGENDA ITEM # 8f
Respect y submitted,i Concurrence:
Darren ,-ar 'T Robin L. Matusick
Development Service D irector Paralegal
rac- . :arlow
Ci - Manager
ORDINANCE NO. 2014-0-06
AN ORDINANCE ANNEXING 23.92± ACRES OF CERTAIN REAL
PROPERTY LOCATED EAST OF U.S. HIGHWAY 1 BETWEEN
DOUGLAS STREET AND EAST ARIEL ROAD, VOLUSIA COUNTY,
INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF
THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY
OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING
WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY,
THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE
DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING
FOR AN EFFECTIVE DATE,RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Fisherman's Cove Builders, LLC have applied for annexation of property located
east of US Highway 1 between Douglas Street and E. Ariel Road, within Volusia County,
Florida. Subject property contains approximately 23.92 + acres.
2. The owners/applicants have voluntarily petitioned (applied)the City of Edgewater
for annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for
annexation and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby
designated to include the property described herein.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
1
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#2014-0-06
PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described
in Exhibit "A" and depicted in the map identified as Exhibit `B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater,
Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the
municipality.
2. The boundaries of the City of Edgewater are hereby redefined to include the
property described herein and depicted in the map identified as Exhibit`B".
3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that
certain document entitled"Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with
the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the
Volusia County Manager, the Mapping Division of the Volusia County Growth Management
Department, and the Department of State.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
2
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#2014-0-06
circumstance.
PART D. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Power with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on February 3, 2014, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter X
3
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#2014-0-06
After Motion to approve by with Second by
, the vote on the second reading/public hearing of this ordinance held on
was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
PASSED AND DULY ADOPTED this day of 2014.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of
legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 .
City Attorney
Doran, Sims, Wolfe & Kundid
4
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#2014-0-06
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of U.S. Government Lot 2, Section 30, Township 18 South, Range 35 East and a
Portion of Lots 3, 7 and 11 Assessor's Subdivision of the C.E. McHardy Grant as recorded in
Map Book 3, Page 152 of the Public Records of Volusia County, Florida. Being more
particularly described as follows:
Commencing at the Southeast Corner of U.S. Government Lot 2, Said point also being the
Southwest Corner of Lot 3. Assessor's Subdivision of the C.E. McHardy Grant Map Book 3,
Page 152 , run along the westerly line of said Lot 3 of the C.E. McHardy Grant North 19
degrees, 28 minutes 46 seconds west, a distance of 200 feet to the point of beginning; thence
north 19 degrees 28 minutes 46 seconds west, along said westerly line, a distance of 88.00 feet;
thence south 89 degrees 14 minutes 12 seconds west, a distance of 125.95 feet; to an intersection
with the easterly right of way line of U.S.. Highway No. 1 (a 158 foot right of way) thence north
18 degrees 34 minutes 41 seconds west along said easterly right of way a distance of 143.25 feet;
thence north 89 degrees 14 minutes 12 seconds east, departing said easterly right of way line. a
distance of 123.57 feet; to an intersection with the westerly line of said lot 3 of the C.E. Mchardy
grant, thence north 19 degrees 28 minutes 46 seconds west, along said westerly line. a distance
of 168.07 feet; thence north 68 degrees 39 minutes 12 seconds east, departing said westerly line,
a distance of 2547.82 feet; thence south 16 degrees 50 minutes 50 seconds east. a distance of
9.94 feet, thence south 77 degrees 30 minutes 47 seconds east, a distance of 8.73 feet; thence
south 24 degrees 41 minutes 14 seconds east, a distance of 23.52 feet; thence south 24 degrees
13 minutes 10 seconds east, a distance of 67.16 feet; thence south 18 degrees 49 minutes 35
seconds east, a distance of 81.82 feet, thence south 04 degrees 44 minutes 31 seconds east, a
distance of 46.09 feet; thence south 46 degrees 10 minutes 01 seconds east, a distance of 40.22
feet; thence south 25 degrees 47 minutes 32 seconds east, a distance of 61.11 feet; thence south
22 degrees 18 minutes 41 seconds east, a distance of 71.20 feet; thence south 68 degrees 39
minutes 12 seconds west, departing said westerly right of way line. a distance of 2578.11 feet; to
the point of beginning. Containing 23.92 acres more or less.
5
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#2014-0-06
EXHIBIT "B"
6
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#2014-0-06
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AGENDA REQUEST
C.A. #2014-AN-1307
Date: February 19, 2014
PUBLIC
HEARING March 3, 2014 RESOLUTION ORDINANCE X
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
2"d Reading Ordinance No. 2014-0-07 Jay and Sheila Gawthrop, applicants
requesting annexation of .31± acres of
property located at 2401 Swordfish Lane.
OWNER: Jay and Sheila Gawthrop
APPLICANT/AGENT: Jay and Sheila Gawthrop
REQUESTED ACTION: Annexation
PROPOSED USE: Residential
LOCATION: 2401 Swordfish Lane
AREA: .31± acres
CURRENT LAND USE: Residential
FLUM DESIGNATION: Volusia County Urban Low Intensity
ZONING DISTRICT: Volusia County R-3W (Urban Single-Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Residence Low Density Residential R-1 (Single-Family Residential)
East Indian River Indian River Indian River
South Single Family Residence Low Density Residential R-1 (Single-Family Residential)
West Vacant Low Density Residential R-1 (Single-Family Residential)
Background: The subject property contains a single family residence that was built in 1982. The
applicant is seeking annexation as well as amendments to the City's Future Land Use and Zoning Maps
to include this .31± acre parcel.
Land Use Compatibility: The proposed low density single-family residential use is compatible with the
adjacent properties.
Adequate Public Facilities: This site has access to Swordfish Lane. City water and sewer services are
available.
Other Matters:
City Council approved first reading of the Ordinance by a vote of 5-0 on February 3, 2014.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 2014-0-07, annexation of .31± acres of property located at
2401 Swordfish Lane.
ACTION REQUESTED:
Motion to approve Ordinance 2014-0-07.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES X NO
If so, DATE: February 3, 2014 AGENDA ITEM # 8g
Respect y submitte., Concurrence:
Darren 4 r
I Robin L. Matusick
Development Servic-• Director Paralegal
//
Tracey . Barlow
City ■ anager
ORDINANCE NO. 2014-0-07
AN ORDINANCE ANNEXING .31± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 2401 SWORDFISH LANE, VOLUSIA
COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO
THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES
OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE
CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE
DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING
FOR AN EFFECTIVE DATE,RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Jay and Sheila Gawthrop have applied for annexation of property located at 2401
Swordfish Lane, within Volusia County, Florida. Subject property contains approximately .31 +
acres.
2. The owners/applicants have voluntarily petitioned (applied)the City of Edgewater
for annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for
annexation and the economics thereof are satisfactory.
4. The boundaries of Voting District 3 of the City of Edgewater are hereby
designated to include the property described herein.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described
1
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Underlined passages are added.
#2014-0-07
in Exhibit "A" and depicted in the map identified as Exhibit `B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater,
Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the
municipality.
2. The boundaries of the City of Edgewater are hereby redefined to include the
property described herein and depicted in the map identified as Exhibit`B".
3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that
certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with
the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the
Volusia County Manager, the Mapping Division of the Volusia County Growth Management
Department, and the Department of State.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D. RECORDING.
2
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#2014-0-07
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilman Ignasiak with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on February 3, 2014, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter X
After Motion to approve by with Second by
, the vote on the second reading/public hearing of this ordinance held on
was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
3
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#2014-0-07
PASSED AND DULY ADOPTED this day of 2014.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of
legality by: Aaron R. Wolfe, Esquire 2014 under Agenda Item No. 8 .
City Attorney
Doran, Sims, Wolfe&Kundid
4
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#2014-0-07
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1, Block 4, Ranken Subdivision, Unrecorded, being a parcel of land in the U.S. Lot 1,
Section 1, Township 18 South, Range 34 East, described as follows: The South 85 feet of the
North 385 feet except the West 50 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34
East; together with an easement over the East 25 feet of the West 50 feet of the South 85 feet of
the North 385 feet of said U.S. Lot 1 and with right to use the following described easements: an
easement for ingress and egress over the West 25 feet of the South 969.64 feet of the North
1269.64 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East and a 25 foot easement
over the South 25 feet of the North 50 feet over that Part of the Northeast 1/4 of the Southeast '/4
of Section 2, Township 18 South, Range 34 East, lying East of U.S. No. 1 Highway, Volusia
County, Florida.
5
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#2014-0-07
EXHIBIT"B"
6
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#2014-0-07
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AGENDA REQUEST
Date: February 10,2014
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS March 3, 2014
ITEM DESCRIPTION:
Ordinance 2014-0-11 Calling a Referendum to be held on November 4, 2014 elections on the
question of Economic Development Ad Valorem Tax Exemptions.
BACKGROUND:
At the February 3, 2014 City Council meeting, the Council gave direction to staff to prepare language
for the November 2014 ballot on the question of Economic Development Ad Valorem Tax
Exemptions.
F.S. Chapter 196, s 196.1995 provides for economic development ad valorem tax exemptions. The law
gives the governing authority of any municipality the authority to call a referendum within its
jurisdiction to determine whether the city may grant economic development ad valorem tax
exemptions under s. 3, Article VII of the State Constitution. The City Council must vote to hold such
referendum and the ballot question for the referendum must be in substantially the following form:
Shall the Edgewater City Council be authorized to grant, pursuant to s. 3,Art. VII of the State
Constitution, property tax exemptions to new businesses and expansions of existing businesses
that are expected to create new,full-time jobs in the municipality?
Yes—For authority to grant exemptions
No—Against authority to grant exemptions
If the referendum passes (simple majority vote in favor), the City Council, at its discretion, by
ordinance may exempt qualified businesses from ad valorem taxation up to 100 percent of the assessed
value of all improvements to real property made by or for the use of a new qualified business adding
jobs and of all tangible personal property of such new qualified business, or up to 100 percent of the
assessed value of all added improvements to real property made to facilitate the expansion of an
existing qualified business adding jobs and of the net increase in all tangible personal property
acquired to facilitate such expansion of an existing business, provided that the improvements to real
property are made or the tangible personal property is added or increased on or after the day the
ordinance is adopted. Property acquired to replace existing property would not be considered to
facilitate a business expansion. Tax exemptions under this tax abatement referendum may be for a
maximum of 10 years.
The tax exemption would only apply to the taxes levied by the City. As well,the tax exemption would
not apply to any taxes levied/collected by the City for the repayment of bonds issued for specific
projects.
If the referendum passes, the authority to grant these tax exemptions would be for a total of 10 years.
At that point, if the City Council wishes to continue with the program, it would need to place the issue
on the ballot again for subsequent 10-year periods.
Under the tax exemption program, businesses would need to complete written applications with the
City and meet specific requirements as outlined in state statutes with regards to being classified as a
qualified new or expanding business as well as creating a specific number of jobs (at a specific rate of
pay) over a defined timeframe. Agreements under this program are approved by ordinance.
The attached Ordinance No. 2014-0-11 would approve the referendum language and give formal
approval to place the issue on the November ballot.
STAFF RECOMMENDATION:
Approve the first reading of Ordinance No. 2014-0-11. Second reading and public hearing is
scheduled for April 7, 2014.
ACTION REQUESTED:
Motion to approve the first reading of Ordinance No. 2014-0-11.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: AGENDA ITEM #
Resp ctfully submi -►, Concurrence:
_ A or
Trace . Barlow Robin L. Matusick
Cit anager Paralegal
ORDINANCE NO. 2014-0-11
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, CALLING A REFERENDUM OF QUALIFIED
ELECTORS RESIDING IN THE CITY TO BE HELD ON
NOVEMBER 4, 2014, ON THE QUESTION OF ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTIONS;
SETTING FORTH THE BALLOT QUESTION;
AUTHORIZING THE OFFICE OF THE CITY CLERK TO
TRANSMIT A COPY OF THIS ORDINANCE AND BALLOT
LANGUAGE TO THE ELECTIONS SUPERVISOR OF THE
COUNTY OF VOLUSIA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND
ADOPTION.
WHEREAS, §196.1995, Fla. Stat., provides that the governing authority of any
municipality may call a referendum within its jurisdiction to determine whether the municipality
may grant economic development ad valorem tax exemptions under §3, Article VII of the State
Constitution, if the governing authority of the municipality votes to hold such referendum; and
WHEREAS, the City Council of the City of Edgewater, Florida, desires to include
language on the November 4, 2014 ballot for the purpose of determining whether the city may
grant such economic development ad valorem tax exemptions.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA:
SECTION 1: Request for Ballot Question. That a question be included on the
November 4, 2014 ballot for the qualified electors residing in the City of Edgewater, Florida to
determine whether the City of Edgewater, Florida may grant economic development ad valorem
tax exemptions under §3, Article VII of the State Constitution. All qualified electors residing in
the City shall be entitled and permitted to vote on such referendum.
1
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#2014-0-11
SECTION 2: Ballot Question. That pursuant to §196.1995, Fla. Stat., the ballot question
in the referendum shall be in substantially the following form:
Shall the Edgewater City Council be authorized to grant, pursuant to §3,
Art. VII of the State Constitution, property tax exemptions to new businesses
and expansions of existing businesses that are expected to create new, full-
time jobs in the municipality?
Yes—For authority to grant exemptions
No—Against authority to grant exemptions
SECTION 3: REFERENDUM ELECTION. A referendum election is hereby called
and scheduled at the time of the next regularly scheduled general election, November 4, 2014, to
determine whether the ballot question appearing in Section 2 hereof shall be approved by a
majority of the votes cast in such election in which qualified electors residing in the City shall
participate. Such referendum election shall be held and conducted in the manner prescribed by
law. The places for voting in such referendum election shall be such locations as are established
for all City elections. All duly qualified electors of the City of Edgewater shall be entitled to
participate in said election.
SECTION 4: NOTICE OF REFERENDUM ELECTION. Notice of said election shall
be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general
circulation within the City at least thirty (30) days prior to said election, the first publication to
be in the fifth (5th) week prior to the election, and the second publication to be in the third (3rd)
week prior to the election, and shall be substantially in in 2 of this the form set forth Section
or as otherwise lawfully provided. Copies of this Ordinance shall be made available
for public inspection during regular business hours at the City Hall.
SECTION 5: COORDINATION WITH SUPERVISOR OF ELECTIONS AND
DUTIES. The City Clerk, with necessary assistance from the Supervisor of Elections for Volusia
County, is hereby authorized to take all appropriate actions necessary to carry into effect and
2
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#2014-0-11
accomplish the electoral provisions of this Ordinance. The City Clerk is authorized to arrange for
early voting as authorized by law.
SECTION 6: VOTER REGISTRATION BOOKS. The Supervisor of Elections for
Volusia County is hereby authorized and requested to furnish to the inspectors and clerks at each
place where the votes are to be cast in such City referendum, applicable portions of the
registration books or certified copies thereof showing the names of the qualified electors residing
in the City of Edgewater.
SECTION 7: EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption. The proposed referendum described in Section 1, above, shall only be effective if a
majority of the qualified electors of the City of Edgewater voting at the general election vote for
its adoption and shall be considered adopted and effective upon certification of the election
results as provided herein.
SECTION 8: CONFLICTING ORDINANCES. All ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 9: SEVERABILITY. If any section, sentence, clause or phrase of this
Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that
holding in no way affects the remaining portions of this Ordinance.
3
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Underlined passages are added.
#2014-0-11
SECTION 10: ADOPTION. After Motion to approve by with
Second by with the vote on the first reading of this ordinance held on
, 20 , as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman 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 , 20
was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
4
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#2014-0-11
PASSED AND DULY ADOPTED this day of , 20 .
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this
legality by: Aaron R. Wolfe, Esquire day of , 20 under Agenda Item
City Attorney No. 8 .
Doran, Sims, Wolfe, Kundid,
Ciocchetti & Wagner
5
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#2014-0-11
0
AGENDA REQUEST
Date: February 20, 2014
PUBLIC
HEARING March 3, 2014 RESOLUTION March 3, 2014 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
Resolution No. 2014-R-03 Modifying Purchasing Policy
BACKGROUND:
Per Resolution 2012-R-10 the Finance Director and Department Directors shall review the Policy annually
and submit recommendations to the City Manager for review and approval. This update contains all of
the staff recommendations. The revised policy is very broad in scope and attempts to cover all types and
stages of the procurement process.
STAFF RECOMMENDATION:
Staff recommends City Council approve Resolution No. 2014-R-03 herein referred to as The Purchasing
Policy.
IACTION REQUESTED:
Motion to approve Resolution No. 2014-R-03 Purchasing Policy, which complies with Florida Statutes.
IFINANCIAL IMPACT:
(Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: AGENDA ITEM #
Res.. ctfuu submitted, Concurrence:
c
..l k ief4
J•rthan C. McKinney ` Robin L. Matusick
F ance Director Par. egal
/
..A ., /'-1
rac-' T. Barlow
City anager
RESOLUTION NO. 2014-R-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, UPDATING/RESTATING
THE CITY OF EDGEWATER'S PURCHASING POLICY;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to the City Charter, the City Manager has the responsibility for
managing a purchasing program for the City;
WHEREAS, the City Manager requests that City Council update/restate the existing
Purchasing Policy that the City of Edgewater approved during the Council meeting held on
October 15, 2012 pursuant to the adoption of Resolution 92012-R-19.
WHEREAS, in an effort to be consistent with current laws and policies, City Council
wishes for the City of Edgewater to update/restate the existing City of Edgewater Purchasing
Policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1. The City Council hereby updates/restates the City of Edgewater
Purchasing Policy and all purchases as provided for therein shall be procured in accordance with
said policy, a copy of which is attached and incorporated herein as Exhibit "A".
Section 2. All conflicting purchasing policies are superseded by this policy.
Section 3. All resolutions or parts of resolutions in conflict herewith be and the same
are hereby repealed.
(Resolution/#2014-R-03)
Section 4. This resolution shall take effect upon adoption.
After motion by and second by , the vote on
this resolution was as follows:
AYE NAY
Mayor Michael Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
PASSED AND DULY ADOPTED this 3rd day of March, 2014.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie A. Wenzel Michael Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form Edgewater at the meeting held on the 3rd
and legality by: Aaron R. Wolfe, Esquire day of March, 2014 under Agenda Item
City Attorney 8
Doran,Sims,Wolfe&Kundid
(Resolution/#2014-R-03)
EXHIBIT "A"
(Resolution/#2014-R-03)
Purchasing Policy
City of Edgewater, Florida
\II, ' 1 City of
IlLEI:11G l WTER
Dated {Formatted:Left,Indent:Left: 3"
September 29, 2012
March 3, 2014
and • {Formatted:Centered
1
I October 15, 2012
2
FOREWORD
The Finance Department prepared this "Purchasing Manual" to serve as the basis for
purchasing policies and procedures for the City of Edgewater.
The City Council of Edgewater, Florida, recognizes that some centralized purchasing is a
necessary function of effective government and declares it shall be the responsibility of the
Finance Department Director to consider opportunities to centralize some purchases of
supplies, equipment, and services for various functions within the City.
The purchasing function involves the procurement of materials, supplies, equipment, and
services at best value, consistent with the quality needed to meet the required standards
established and approved by the Edgewater City Council. Our goal is the promotion of the
best interest of the City of Edgewater through intelligent action and fair dealings, resulting
in obtaining maximum savings for the City.
Rules and regulations are necessary for the proper operation of the purchasing function
and it is essential all who are involved in the purchasing operation be well informed. This
manual was developed to aid all employees, volunteers and Board Trustees directly or
indirectly associated with the function of purchasing.
All City Departments and Boards shall comply with this Purchasing Policy. Florida
Statutes will prevail for all Items not expressly covered within this Purchasing Policy.
The objectives of the Finance Department are as follows:
1. To deal fairly and equitably with all vendors wishing to do business with the
City of Edgewater.
2. Provide professional procurement services for all our customers within the
City.
3. Assure adherence to all laws, regulations, and procedures related to City
procurement.
4. Maximize competition for all procurements of the City.
Obtain maximum savings through innovative buying and application of value
analysis techniques.
•- Formatted:List Paragraph,Left, No bullets or
6 Purchase goods and services at the best value if not lowest price, consistent numbering
with quality performance, and delivery requirements from capable vendors
meeting the City's requirements.
r Purchase goods and services at the best value if not lowest price, consistent
with quality performance, and delivery requirements from capable vendors
meeting the City's requirements. 'Formatted:Numbered+Level:1+
. Numbering Style:1,2,3,...+Start at:1+
Alignment:Left+Aligned at: 0.5"+Tab after:
1"+Indent at: 1"
3
TABLE OF CONTENTS
SECTION TITLE PAGE
I Requisitions 5
II Purchase Orders 8
III Solicitation and Approval Level Thresholds 9
IV Emergency Purchases 12
V Change Orders 13
VI Blanket/Inverted Purchase Orders 14
VII Quotations and Bids 15
VIII Competitive Procurements (IFB, RFP, RFI, RFQ) 23
IX Professional Services (CCNA) 24
X Procedures for Multiple Consultants under CCNA 27
XI Design-Build and/or Design-Build Operating Services 29
XII Evaluation of Proposals and Recommendation for Award 32
XIII Bond and Bid Security 36
XIV Contracts and Contract Processing 37
XV Purchases Not Requiring Bids 38
XVI Purchasing Cards 41
XVII Vendor Complaints and Disputes (Protests) 45
XVIII Capital Assets Tracking 46
XIX Invoices 48
XX Receipt of Goods and Materials 49
XXI Minority Business Participation 49
XXII Vendor Evaluation 51
XXIII Conflicts of Interest 51
XXIII Procedures for Federally Funded Projects
XXIVIV Purchasing Policy Adoption 52
5
SECTION I
REQUISITION
PURPOSE: The City of Edgewater currently utilizes the Sungard HTE procurement and
inventory module for on-line procurements. Approved requisitions signify authority to
charge a specific fund and cost center, and signify that the department has verified there
are sufficient funds for the purchase.
DEFINITION: A requisition is a written or computerized request to the Finance Department
for the procurement of goods or services from suppliers.
PURCHASING RESPONSIBILITIES:
1. To become acquainted with the needs of our customers by utilizing
purchasing teams made up of department and Finance Department
personnel.
2. To aid and cooperate with all departments in meeting their needs for
operating supplies and equipment at the best value and least cost to the City
of Edgewater.
3. To assist in the preparation or review of specifications for all requirements.
4. To locate the sources and availability of needed products.
5. To process all requisitions and purchases with the least possible delay, in
accordance with City procedures.
6. To work with the supplier in correlating all the steps involved in completing a
purchase, including purchase order follow-up and tracing.
7. To assist the department with any difficulty after the product has been
delivered or service rendered.
8. To notify the user department of any changes in the use of the suggested
vendor as proposed by the user department, and any other probable
changes such as price or delivery.
DEPARTMENT RESPONSIBILITIES:
1. Allow sufficient time for the Finance Department to process and/or place the
order and for the supplier to deliver.
2. Advise the Finance Department if the requisition is a defined emergency as
stated in Section III.
3. Write clear and accurate description of materials and equipment to be
purchased and its intended purpose. Specifications should be typed and
either e-mailed or hand carried to the Finance Department.
6
4. Prepare generic specifications for items requiring a technical or engineering
background.
5. List anticipated requirements in advance, when possible. Involve the
Finance Department at the time the need is determined or as early as
possible.
6. Keep the Finance Department advised of any abnormal demands. PLAN
AHEAD!
7. Under no circumstances is the City of Edgewater to be obligated by
departments in any manner whatsoever without prior approval.
8. Cooperate with the Finance Department by reporting, in writing, the results
of purchases -- either favorable or unfavorable. If you have complaints,
REPORT THEM.
9. Advise the Finance Department of any known supplier(s).
10. List any quotes obtained by vendor name, individual contacted, and price
obtained (by line item). Check with the Finance Department for additional
sources.
11. Verify that all sources of funds identified on the requisition are properly
coded.
12. Specify correct commodity code of items to be purchased.
13. Be sure funds are allocated and available in the referenced fund/account to
support purchases.
14. Be sure the purchase is for a "public purpose", unless specifically exempted
by City rules or regulations.
WHEN PREPARED: Purchase Requisitions must be submitted to Finance, far enough in
advance to permit the Finance Department to obtain competitive prices and to allow
sufficient time for deliveries to be made. User Departments should take into account the
time necessary to obtain Council award approval and administrative approvals in planning
for their procurements. The Finance Department can assist you with this planning.
SPECIAL SITUATIONS: Agencies should identify requisitions requiring special handling
for the purchase of materials to prevent downtime but which are not strictly emergencies.
These must be held to a minimum. These should only be used in cases of required
purchases with a justification as to the urgent need. Competitive verbal pricing should be
obtained wherever possible.
WHO PREPARES: All requisitions shall be authorized by the Department Director or
designated authority. Requisitions should originate in the department at the level where
the purchase is to be used and routed to the designated approval authority prior to being
sent to Finance Department. Requisitions not properly authorized will not be accepted by
the on-line system.
ROUTING:
1. For all purchases under $25,000.00, the requisitioning agency will enter
the requisition into the on-line system for issuance of a purchase order.
The following guidelines for quotes will be followed:
a. Competitive quotes are not required for purchases under
$5,000.00,88
b. Three informal quotes are required for purchases from $ 5,001.00 -
$15,000.00. The Department normally obtains these.
c. Three formal quotes are required for purchases from $15,001.00 -
$24,999.99 The Department will obtain formal quotes and forward to
Finance.
2. For all purchases $25,000.00 or greater, the requisitioning Department
will enter the requisition, and then assure that City Council approval is
obtained for award, either of the solicitation or other Council direction.
3. Upon receipt of the requisition in the Finance Department and dependent
on the dollar amount, formal quotations, bids or proposals will be
solicited. A purchase order or a contract will be issued upon completion
of this process.
4. If the requisition is incomplete or not properly prepared, the Finance
Department will notify the originating department.
5. For all purchases of capital goods or services, regardless of the dollar
amount, the requisitioning Department will enter the requisition into the
system assuring appropriate approvals are obtained, unless approved by
the Finance Director and under$25,000.00.
REVIEW OF SPECIFICATIONS-OTHER DEPARTMENTAL APPROVALS REQUIRED:
Prior to issuance of bids or the processing of a requisition with specifications included,
review of the items to be purchased and the specifications for certain commodities and
services must be made by other departments within the City to assure open competitive
bidding, compatibility, standardization, and up-to-date specifications. The following are
mandated reviews:
TYPE OF EQUIPMENT/SERVICE REQUESTED DEPARTMENT REVIEW
Information Technology Equipment Management Information Syctcma
Information Technology
Vehicles/Heavy Equipment Fleet Maintenance
Radios/Communication Equipment Management Information System:,'
Telephones (Internal System Only) Management Information
Systemclnformation Technology
PLEASE ENSURE THE ABOVE APPROVALS ARE OBTAINED PRIOR TO SUBMITTAL
TO THE FINANCE DEPARTMENT.
8
SECTION II
PURCHASE ORDERS
PURPOSE: A purchase order authorizes the vendor to ship and invoice the materials and
services as specified. Purchase orders will be written to be clear, concise and complete,
preventing any misunderstanding and/or unnecessary correspondence with suppliers.
DEFINITION: A legally binding document prepared by a purchaser to describe all terms
and conditions of a purchase.
WHEN ISSUED: Pre-numbered computer generated purchase orders will be issued upon
receipt of a properly authorized requisition, after receipt of competitive bids, determination
whether funds are available, and Council approval as necessary. No purchase orders will
be issued after the fact unless it is a documented emergency situation.
WHO ISSUES: Only the Finance Department shall issue purchase orders. The
department will not enter into negotiations with any supplier for the purchase of supplies,
services, materials or equipment. The Finance Department will transmit all purchase
orders to the supplier.
ROUTING OF ORDER: A standard purchase order form is used to make all purchases.
Purchases over $5,000.00 require a copy of the purchase order to be provided to the
vendor. The purchase order form for purchases under $5,000.00 is sent to the vendor
upon request by department.
FOLLOW-UP AND TRACING: Departments should track order progress after placing the
order. If a problem is incurred, the department should then contact the Finance
Department for assistance.
DIFFICULTIES AFTER RECEIPT OF SERVICE OR ITEM: Upon request from the
department, the Finance Department shall handle with the vendor any problems or
difficulties with outstanding orders or contracts and received items or services. See
Section XIV of this manual for further details.
PRE-PAYMENT PROCEDURES: On those items where prepayment is needed, the
original documents showing that pre-payment is required will be forwarded to the Finance
Department as the authorization to issue a check with a manual check request. These
should be kept to a minimum. The purchasing card should be used for items that require
pre-payment if under$5,000.00.
REGISTRATION FEES AND TRAVEL: Registration fees and travel for seminars and
conferences for in-City and out-of-City travel are handled via Travel Authorization forms as
per City Policy and Procedures. These requests are not processed through the Finance
Department.
9
UTILITY BILLS AND COMMUNICATION INVOICES: Payment for utilities (water, sewer,
lights, etc.) and communication service will be made by the Finance Department and the
expense allocated to the appropriate department fund.
EMPLOYEE TESTING;
Pre-employment or other such employee testing as required will be processed by the
Finance Department and the expenses allocated to the appropriate department fund.
DEBT SERVICES;
All debt service payments will be paid by the Finance Department and the expenses
allocated to the appropriate department fund.
PURCHASE OF GOODS AND SERVICES $25,000.00 or Greater: All purchases of
goods and services whose cumulative total shall exceed $25,000.00 or greater within a
12 month period will be competitively bid.
USE OF FIELD PURCHASE ORDERS: The Field Purchase Order should be used as a
payment tool/check request for items under $5,000.00. Common uses include:
Subscriptions, Memberships, Advertisement and Registrations requiring a check, Petty
Cash Reimbursements and Employee Travel Reimbursement checks. Also, the Field
Purchase orders should be used for items under$5,000.00 for vendors that do not accept
the Purchasing Card.
Invoices that are attached to FPO's need no signatures. Approvals will be tracked by
financial software.
SECTION III
SOLICITATION AND APPROVAL LEVEL THRESHOLDS
PURPOSE: To describe the various levels of the competitive process and to identify the
levels of authority in the procurement function of the City. The procurement function is
designed to maximize the purchasing value of public funds in procurement and to provide
safeguards for maintaining a procurement system of quality and integrity.
The mandatory formal solicitation amount shall be TWENTY-FIVE THOUSAND AND
NO/100 DOLLARS ($25,000.00.) over the life of the contract or greater. Written quotes
shall be obtained for purchases between FIFTEEN THOUSAND ONE AND NO/100
DOLLARS ($15,001.00) and TWENTY-FOUR THOUSAND NINE HUNDRED NINETY-
NINE AND 99/100 DOLLARS ($24,999.99.) Informal quotes shall be obtained for
purchases between FIVE THOUSAND ONE AND NO/100 DOLLARS ($5001.00) AND
FIFTEEN THOUSAND DOLLARS ($15,000.00). Department/Division/Offices shall
maintain documentation with their requisition on all quotes received or as to why
competition was not obtained. All purchase prices must be considered fair and
reasonable. Award shall be made to the business offering the lowest quotation that is
determined to be both responsive and responsible. Award based on the overall best value
can be made if the department submits a statement to the Finance Department for
approval describing the benefits to the City if award is made to other than low. The name
of the business submitting a quotation, and the date and amount of each quotation, shall
be recorded and maintained as public record.
10
Types of formal solicitations used for competitive procurement are as follows:
Request for Proposals (RFPs) —A solicitation for response for a commodity and/or
services for which the scope of work, specifications or contractual terms and conditions
cannot reasonably be closely defined. Evaluation of a proposal is based on prior
established criteria wherein the RFP shall state the relative importance of price and other
evaluation factors.
Invitations to Bids (ITBs) - A solicitation inviting potential contractors or vendors to
submit sealed, written pricing for specific goods or services in conformance with
specifications, terms, conditions and other requirements described in the bid invitation
documents.
Request for Information (RFI) - A solicitation for response from interested and
prospective vendors/contractors to provide information to determine specifications,
qualifications and/or capabilities to satisfy a need rather than a firm specification and in
which the respondent may be given latitude in order to develop a product and/or service
which will fulfill the need.
Request for Qualification (RFQ) - A solicitation seeking responses for services for
which the competitive award will be based on the qualifications of those responding;
generally, but not limited to, used in procuring certain professional services, design build
services, consulting and construction management services.
The procurement of all goods, material, equipment, services and combinations of goods
and/or services by or on behalf of the Council, including those transactions through which
the Council shall receive revenue, in an amount equal to or in excess of the mandatory bid
amount of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) over the life
of the contract, shall be formally competitively awarded based on the submission of bids
(ITBs), proposals submitted in response to an request for proposal (RFP), proposals
submitted in response to a request for information (RFI), proposals submitted in response
to a request for qualifications (RFQ) or proposals submitted for competitive negotiations,
except as otherwise provided herein, or by State or Federal law. Competitive bidding shall
be the preferred method of procurement. If a department determines the use of an
invitation to bid is not practicable based on 1) lack of time, 2) the award will be made on
factors other than price and price-related factors, 3) a need to conduct discussions with
the responding bidders about their bid and 4) there isn't a reasonable chance of receiving
more than one quote, must submit, in writing, a statement requesting solicitation by
Request for Proposals.
Departmental requirements are not to be split to avoid the competitive bidding thresholds.
It is in the best interest of the City to combine requirements and competitively bid these
requirements to ensure a fair and reasonable price.
The City Council has the right to award all contracts except as otherwise provided in the
Code of Ordinances of the City. Individuals that have been delegated authority will have
to sign a "Statement of Responsibility" and will be held accountable for all actions
occurring under their authority. Anyone having authority to make any purchase exceeding
TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) must file with the
Supervisor of Elections within the County in which he or she permanently resides, a
statement of financial interest. As to those contracts which the Council retains the right of
award, the Council shall have authority to review, modify or set aside all previous
it
administrative determinations, whether appealed or not, made in the course of the
procurement.
All Department Directors or their designee shall have the authority to authorize purchases
of goods and services not to exceed FIVE THOUSAND AND NO/100 DOLLARS
($5,000.00) per item under the Purchasing Card policy and procedures (Section XIV).
Authority is also given in case of an emergency for purchases under TWENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($25,000.00) when at least one vendor has been
contacted and the purchase order is issued through the Finance Department within the
next business day. The Finance Department will review the requisition to ensure a fair
and reasonable price is received.
The City Manager or designee shall have the authority to award and execute purchases
of goods and services not to exceed TWENTY-FIVE THOUSAND DOLLARS AND NO/100
($25,000.00)including change orders and amendments. The City Manager or designee is
authorized to renew options on approved contracts, as long as it is per the terms,
conditions and renewal period specified in the original contract and the total dollar amount
for each contract or purchase order is within the Council approved budget. All purchases
of goods and services, in excess of TWENTY-FIVE THOUSAND DOLLARS AND NO/100
($25,000.00) shall be awarded by the Council, except as otherwise provided within this
section. The City Manager or designee shall have the authority to approve all purchase
orders, contracts, Master Agreements and amendments up to FIFTY THOUSAND AND
NO/100 DOLLARS ($50,000.00)for projects, goods and services as detailed in the budget
as long as award is to the lowest responsive, responsible bidder in a competitive
environment.
The City Manager or designee shall have the authority to approve and execute all change
orders and amendments and to approve price escalation/de-escalation changes,
according to the terms of the particular contract providing that the change does not exceed
ten percent (10%) of the latest approved contract value for contracts. Amendments to
contracts greater than these amounts must be approved by City Council.
The City Manager shall have authority to award and execute purchase orders in any
amount on current City cooperative purchasing agreements and contracts from GSA
contracts, state agencies, or other units of government and non-profit organizations on
capital items and projects that have been detailed and approved by City Council through
the budget adoption or amendment process. The City may piggyback on active current
agreements and contracts from other governmental entities when competitive bid
procedures have been followed and the guidelines utilized by that entity are the same or
more stringent than the City's guidelines. All conditions of the agreement or contract must
be met. The City may piggyback on previous City bids provided they were received within
the previous 12 months and the department is not aware of any interest from other
potential vendors.
The Finance Director, with the concurrence of the City Manager, shall have the authority
to settle individual claims under contract provided the settlement does not exceed ten
percent (10%) of the latest approved contract value for contracts. All change orders
issued which modify a contract, the original and revised total cost of which exceeds ten
percent(10%), shall require Council approval, unless otherwise specified herein.
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It shall be prohibited for any City employee to order the purchase of any goods or services
or make any contract change without the delegation of authority under this section other
than through the Finance Department, unless utilizing an authorized procurement card.
City employees will be held accountable for unauthorized purchases and appropriate
disciplinary action will be taken pursuant to the City Policy and Procedures Manual. The
Department committing the unauthorized purchase will document the incident with a
memo to the City Manager explaining the details of the unauthorized purchase. These
details must include a brief summary of what happened and the corrective action that the
Director has taken to prevent unauthorized purchases in the future. The memo shall state
any disciplinary action taken, if any, and request the City Manager approve the
unauthorized purchase if under TWENTY-FIVE THOUSAND DOLLARS AND NO/100
($25,000.00). Unauthorized purchases of TWENTY-FIVE THOUSAND DOLLARS AND
NO/100 ($25,000.00) and greater shall be submitted to the Council for approval. Any
purchase or contract made contrary to this section hereof shall not be binding on the City
unless approved by the Council.
In the purchase of, or contract for, goods or contractual services, the City Council may
give a preference in an amount not to exceed three (3%) percent of the bid price or
$50,000,00 whichever is less, to local persons; provided, however, that this section in no
way prohibits the right of the CtyCity Council to recommend award to the vendor that is the
best interest of the City. The goods or services must be equal to or greater than the
lowest responsive bidder.
Local is defined as a business holding a City of Edgewater Business Tax Receipt (BTR)
and Certificate of Use(CU).
SECTION IV
EMERGENCY PURCHASES
PURPOSE: It is recognized that situations arise where formal solicitation is not possible.
In order to expedite the provision of goods and services, the following procedure will be
followed.
DEFINITION: Emergency purchases include those supplies or services necessary
because of certain emergency conditions occurring affecting the health, safety and welfare
of the City and its citizens or in the event that the City may suffer a financial loss due to
inaction. Poor planning will not constitute an emergency.
AUTHORIZATION: Emergency purchases are approved per the spending authority levels
outlined in this Policy and subject to review by the Finance Director. The City Manager
may approve those exceeding $25,000.00 and return to the Council for confirmation of the
purchase, unless an executive order has been issued that suspends all requirements
during disaster related events.
PROCEDURE: When an emergency exists, a requisition will be entered outlining the
nature of the emergency and coded as such. In addition, the department should call the
Finance Department to alert them to the need. A purchase order will be issued upon
proper approval and processing of the requisition. The Finance Department may obtain
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additional price quotes prior to issuing a purchase order number. Standing procedures for
emergency purchases are included in the emergency management plan.
EMERGENCY PURCHASES - NIGHTS, WEEKENDS, OR HOLIDAYS: If an emergency
occurs when the Finance Department is closed, the Department Head shall act to secure
the necessary materials or service. The evidence of purchase such as sales ticket, bill,
delivery slip, counter receipt, etc., which the supplier normally furnishes, will be submitted
concurrently with the requisition by the department to the Finance Department on the next
work day following the date of purchase. Such back-up documents will be submitted to
Finance. Emergency Justification form must be forwarded to the Finance
Department by the next business day.
GENERAL INFORMATION: When emergency purchases are made, the department will
make the purchase at the best possible price. A true emergency can occur as a result of
parts and labor needed for repairs to vehicles or equipment, which must be kept in
operating order. Emergencies due to negligence are to be avoided. Failure to anticipate
normal needs, project deadline dates or a desire to expend excess or remaining
budgeted funds prior to year-end do not constitute an emergency.
NOTE: Emergency purchases are costly and should be kept to a minimum. They are
usually made hurriedly, on a non-competitive basis, and at top prices. Most vendors
charge a premium when supplies must be obtained immediately.
SECTION V
CHANGE ORDERS
PURPOSE: Certain conditions surrounding purchases may change in the course of a
procurement, which necessitates a clarification or modification to the purchase order to
fulfill legal requirements.
DEFINITION: A Change Order to a Purchase Order is an adjustment to funding source,
addition or deletion of items, quantity, delivery time, or cost.
PROCEDURE: The department requesting the Change Order shall submit to the Finance
Department a Change Order Request indicating the original Purchase Order Number and
the reason for the changes. Change Order requests listing a price change with no
explanation for the increase or decrease will be returned to the originator. The Finance
Department will modify the on-line system to reflect the change. If required, the vendor
will be sent a hard-copy purchase order reflecting the change.
Change Orders must be processed for all changes affecting the original purchase order
such as quantity increases and those changes that increase 10% or more of the original
unit price dollar value. Change orders will not be processed for decreases in the purchase
order amount if payment is being finalized or if the decrease to the purchase order line
item amount is less than 10%. If a decrease occurs, the department will receive only the
amount invoiced. The same procedure applies if the increase is less than 10% of the
original purchase order dollar amount. No Change Orders to cancel an item will be
processed until the Finance Department has verified that a check has not already been
issued for the item.
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Cancellations of all purchase orders at any dollar value will require a written change order
to be _mailed or faxed to contractor. Cancellations and Change Orders will be distributed
in the same manner as the original purchase order.
Construction and Professional Services Change Orders will be processed manually using
the Professional Service/Construction Change Order form. The Finance Department will
make the necessary corrections to the on-line system once approvals are obtained.
SECTION VI
BLANKET/INVERTED PURCHASE ORDERS
PURPOSE: Blanket/inverted purchase orders allow multiple transactions to be made over
a specified period of time, a practice aimed at reducing the number of small orders,
utilizing short-term releases to satisfy demand requirements, while creating efficiencies of
effort and decreasing costs.
DEFINITION: A blanket order is a purchase order issued for the purchase of
indeterminable miscellaneous items or materials, supplies, parts, etc., over a certain
period of time (usually on an annual basis or as approved by the Edgewater City Council).
Shipments are made, as requested by the department against the blanket order number
for the term of the blanket purchase order. The blanket purchase order generally
establishes a maximum dollar limit, the period covered, and terms and conditions.
However, since the specific items to be purchased are unknown at the time of issuance of
the blanket purchase order, no line item pricing may be shown. Blanket orders may be
used as a payment tool for formal contracts.
An inverted purchase order is used for payment on contracts where retainage is withheld
from the invoices received. Inverted purchase orders use the dollar value of the contract
as the quantity and receipts are issued against line items.
HOW PREPARED: Requests for a blanket/inverted purchase order shall be made on a
Requisition by the using agency indicating the types of items to be purchased and total
amount to be encumbered, either in quarterly increments or for the entire year.
Requests for Blanket purchase orders shall contain the following information:
1. Description and types of items to be purchased.
2. The period of time the order will remain valid.
3. The maximum dollar amount not to be exceeded. If it is apparent the
amount will be exceeded, the department via a change order request must
request an additional amount. Adequate funds must be available in the
department budget.
HOW USED: After the blanket purchase order is issued, the department is authorized to
place orders, via telephone or in person, directly with the vendor, when needed.
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PROCEDURE: The person(s) listed as authorized by the blanket purchase order may
request/place orders directly with the vendor as needed. Items may be picked up or
delivered by the vendor. The Department Head or designee shall be responsible for
receiving all items acquired using the on-line system.
HOW PAID: The Finance Department will process payment of invoices for received
materials or services to obtain any discounts. User agencies must indicate receipt of all
goods and services, on-line, in a timely manner. Any invoices received by the Department
should be forwarded to the Finance Department after receipt processing.
HOW MONITORED: The Finance Department may actively monitor all or selected
purchases or invoices to ensure adherence to City procedures. The Finance Department
may cancel blanket purchase orders if misuse occurs.
SECTION VII
QUOTATIONS AND BIDS
PURPOSE: Fair and open competition is a basic tenet of public procurement. Such
competition reduces the opportunity for favoritism and inspires public confidence that
contracts are awarded equitably and economically.
DEFINITION:A request to suppliers to make offers to an organization.
PROCEDURE FOR SOLICITING QUOTES:
• Every effort should be made to obtain a minimum of three (3) quotations for each
item or group of items required regardless of dollar amount.
• Competitive quotes are not needed on items, excluding services, under $5,000.00
in value.
• Written or faxed quotes for purchases from $5,001.00 to $15,000.00 are to be
obtained by the department and documentation maintained in the department file
and the quote information entered into the on-line system. Finance Department
may require a copy of the quote documentation. Services provided on-site require
appropriate insurance. Please call the Finance Department for assistance. Capital
outlay items may require other approvals prior to purchase. The department should
contact Finance Department for assistance in creation of a vendor contact list.
• Purchases of $15,001.00 but under $25,000.00 will be made by formal written
quotations issued by the Finance Department. The Finance Department may
coordinate with the department.
The City's bidding service provider will notify all potential suppliers via fax or email
of all solicitations exceeding $25,000.00 in value. Formal Invitations to Bid will be
distributed to prospective suppliers, as feasible, and such Invitations to Bid will
indicate the deadline for receipt of the bid. No bid will be considered if received
after the deadline for receipt. Invitations to Bid, documented completely, shall be
maintained with the purchase order.
• Formatted:Indent:Left: 0.5", No bullets or
numbering
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PROCEDURE FOR SOLICITING BIDS:
The Finance Department shall request formal sealed bids on purchases exceeding, or
expecting to exceed in a single year, $25,000.00. In cases where a "purchase"or contract
may extend over multiple periods or years,the total cumulative amount to be paid over the
duration of the contract term will be the determining amount of the requirement for
requesting formal sealed bids. All advertisements and public notices time frames will --f Formatted:Font:Bold
be made in accordance with Florida Statutes.The Finance Department shall solicit bids -(Formatted:Font:Bold
from responsible prospective suppliers obtained from our subscription notification service,
publications and catalogues, suggestions from the user Department, previous suppliers,
etc. The Finance Department shall attempt to secure at least three (3) bids.
A tabulation of all bids received with the recommended award(s) will be posted on the
City's website and will be available for public inspection in the main offices of the Finance
Department during regular business hours for seventy-two (72) hours after
recommendation of award.
A• _ e • _
respect to the Request for Proposal, shall filca written protest with the Finance Director
prior to the due date for acceptance of proposals. All such protests must be filed with the
Finance Director no later than 11:00 a.m. (Eastern Time) on the final published date for
the acceptance of the Request for Proposals.
noticed public meeting. Award recommendations will be posted outside the offices of the
Finance Department. Any actual or prospective respondent who desires to formally protest
the recommended contract award must file a notice of intent to protest with the Finance
Director within forty eight (18) hours (excluding weekends and City holidays) of the date
that the recommended award is posted.
Upon filing of said notice, the protesting party will have ten (10) days to file a formal
protest.
Where requirements are of a technical nature, a multi-step bid process may be used. The
conventional multi-step process calls for submission of technical proposals and bid prices
at the same time, but in separate sealed envelopes. The proposals are opened and
evaluated. The bid price envelopes are then opened for those proposals that are found to
be responsive and responsible and award is made based on price alone.
The Finance Department's bidding notification service maintains a "Vendor List" of
prospective suppliers via use of a subscription notification service.
A prospective bidder will be placed on the Vendor List by subscribing to the bidder
notification service. Information is available in the Finance Department office about the
subscription service.
RESPONSIBILITY FOR SPECIFICATIONS:
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The preparation of specifications is the responsibility of the department with review (and
authority to challenge) by the Finance Department. Specifications will permit competition
except on non-competitive materials or services, (see"Purchases Not Requiring Bids").
In general, specifications should define the level of performance required rather than
specific brand name. For the benefit of vendors and the department, specifications must
be clear and concise. The Finance Department reserves the right to challenge
specifications to allow open competition.
,ENGINEER'S ESTIMATES (Formatted:Font:(Default)Arial,12 pt
An engineer's estimate is a. prediction of quantities, cost, and/or price of resources - Formatted:Font:(Default)Arial,12 pt )
required by the scope of an asset investment option, activity, or project. As a prediction, Formatted:Font:(Default)Anal,12 pt
an estimate must address risks and uncertainties. Estimates are used primarily as inputs
for budgeting, cost or value analysis, decision making in business, asset and project
planning, or for project cost and schedule control processes. Cost estimates are
determined using experience and calculating and forecasting the future cost of resources,
methods, and management within a scheduled time frame. This work is accomplished by
a licensed design professional typically engaged by the City for the project being
competively bid.
PROCEDURE FOR ISSUING DEBT:
Long-term debt may only be used for the costs of acquisition, construction or modification
of capital facilities and for the refinancing or refunding of such debt. This limitation
prohibits any debt being issued to finance operational costs of City departments.
The legal, economic, financial and market conditions associated with the issuance of debt
are dynamic, unpredictable and usually in a constant mode of change. Consequently, the
decision to issue debt is best made on a case-by-case basis and only after careful and
timely analysis and evaluation of all relevant factors. Some of the factors that should be
considered include, but are not limited to, the following:
• Current interest rates and other market considerations;
• The financial condition of the City;
• The types, availability and stability of revenues to be pledged for repayment of the
debt;
• Type of debt to be issued; and
• The nature of the projects to be financed (i.e., approved schedule of improvements,
non- recurring improvements, etc.).
Capital improvements related to enterprise fund operations (e.g., water systems,
wastewater systems, refuse disposal systems, etc.) shall be financed solely by debt to be
repaid from user fees and charges generated from the respective enterprise fund
operations,when practicable.
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Capital improvements not related to enterprise fund operations (e.g., roads, parks, public
buildings, etc.) may be financed by debt to be repaid from available revenue sources
(including ad valorem taxes) pledged for same,when practical.
All capital improvements financed through the issuance of debt shall be financed for a
period not to exceed the useful life of the improvements, but in no event to exceed 30
years.
The City shall not construct or acquire a public facility if it is unable to adequately provide
for the subsequent annual operation and maintenance costs of the facility.
The City shall at all times manage its debt and sustain its financial position in order to seek
and maintain the highest credit rating possible.
In order to maintain a stable debt service burden, the City will attempt to issue debt that
carries a fixed interest rate. However, it is recognized that certain circumstances may
warrant the issuance of variable rate debt. In those instances, the City should attempt to
stabilize debt service payments through the use of an appropriate stabilization
arrangement.
When refinancing current debt, the City will seek a savings (net of all issuance costs and
any cash contributions to the refunding) as a percentage of the refunding debt of at least
3-5%.
Lease Finance Agreements utilized for competitively bid items up to and including
$750.000.00 shall require a minimum of three (3) quotations. Quotes are to be obtained
by the Finance Director and shall be maintained in the department file.
BID INVITATIONS: Notice of Bid will be advertised and posted in City Hall and on the City
Website. The City uses an Internet bidding service for document fulfillment purposes.
They send notification of Bids to potential vendors via email, fax or mail, depending on the
vendor's preference.
METHOD OF SOURCE SELECTION: The City uses the Competitive Sealed Proposals
methodology of source selection for this procurement, as authorized by this Purchasing
Policy.
The City may, as it deems necessary, conduct discussions with responsible proposers
determined to be in contention for being selected for award for the purpose of clarification
to assure full understanding of, and responsiveness to solicitation requirements.
PRE-PROPOSAL CONFERENCE: The purpose of the pre-proposal conference is to
allow an open forum for discussion and questioning with City staff regarding the Proposal
with all prospective proposers having an equal opportunity to hear and participate. Oral
questions will receive oral responses, neither of which will be official, nor become part of
the RFP. Only written responses to written questions will be considered official, and will be
included as part of the RFP as an addendum.
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All prospective proposers are strongly encouraged to attend, as, unless requested by the
department, this will be the only pre-proposal conference for this solicitation. If this pre-
proposal conference is denoted as "mandatory", prospective proposers must be present in
order to submit a proposal response.
PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
DRUG-FREE WORKPLACE: In accordance with section 287.087, Florida Statutes,
preference shall be given to businesses with drug-free workplace programs. Whenever
two or more proposals which are equal with respect to price, quality, and service are
received by the City for the procurement of commodities or contractual services, a
proposal received from a business that furnishes a form certifying that it is a Drug Free
Workplace shall be given preference in the award process.
CONFLICT OF INTEREST: Proposers shall complete the Conflict of Interest Affidavit
included with the RFP documentation. Disclosure of any potential or actual conflict of
interest is subject to City staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of
interest situations during contract selection and execution.
PROHIBITION OF GIFTS TO CITY EMPLOYEES: No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the
current City Ethics Ordinance, and City Administrative Procedure 5311. Violation of this
provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with City staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the City
for a specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm for
cause.
IMMIGRATION REFORM AND CONTROL ACT: Proposer acknowledges, and without
exception or stipulation, any firm(s) receiving an award shall be fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall
constitute a breach of the award agreement and the City shall have the discretion to
unilaterally terminate said agreement immediately.
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BID BOND/DEPOSITS: By signing the proposal, Proposer acknowledges that it has read
and understands the bonding requirements for the proposal, if applicable. Requirements
for each solicitation are specified in the Proposal.
Should the contract amount be less than $500,000.00, the requirements of Section
287.0935, F.S. shall govern the rating and classification of the surety.
All performance security under the subsequent contract shall be in force throughout the
final completion and acceptance of the project awarded.
If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet
the requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be
subject to the Owner's approval.
INSURANCE REQUIREMENTS: By signing the Insurance Requirements included in a
Proposal, Proposer acknowledges these conditions include Insurance Requirements.
It should be noted by the Proposer that, in order to meet the City's requirements, there
may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that
the proposer discusses these requirements with the Proposer's insurance agent, as noted
on the Insurance Check List, so that the Proposer can make allowances for any additional
costs.
The Proposer's obligation under this provision shall not be limited in any way by the
agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance
protection.
Proposer also understands that the evidence of required insurance may be required within
five (5) business days following notification of its offer being accepted; otherwise, the City
may rescind its acceptance of the Proposer's proposal.
The specific insurance requirements for each solicitation are included as part of the
proposal.
DISPOSITION OF BIDS: Bids shall be opened in public at the time and place stated in the
public notices and all bids received shall be read aloud stating the name of the proposer
and any pertinent information related to the solicited bid. At no time shall a bid received
not be read aloud.
The City shall not bear the responsibility for proposals delivered to the City Clerk past the
stated date and/or time indicated, or to an incorrect address by proposer's personnel or by
the proposer's outside carrier. However, the City Clerk, or designee, shall reserve the right
to accept proposals received after the posted close time only under the following
condition:
The tardy submission of the proposal is due to the following circumstances, which shall
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS,
DHL, or courier where delivery was scheduled before the deadline.
21
All bids received and accepted will be made available for public inspection ten (10) days
after opening, or upon recommendation of award,whichever occurs first.
PROPOSAL, PRESENTATION, AND PROTEST COSTS: The City will not be liable in
any way for any costs incurred by any proposer in the preparation of its proposal in
response to this RFP, nor for the presentation of its proposal and/or participation in any
discussions, negotiations, or, if applicable, any protest procedures.
ACCEPTANCE OR REJECTION OF PROPOSALS: The right is reserved by the City to
waive any irregularities in any proposal,to reject any or all proposals,to re-solicit for
proposals, if desired, and upon recommendation and justification by the City to accept the
proposal which in the judgment of the City is deemed the most advantageous for the
public and the City.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful proposer, or
their refusal to enter into the City contract, the City reserves the right to accept the
proposal of any other proposer or to re-advertise using the same or revised
documentation, at its sole discretion.
REQUESTS FOR CLARIFICATION OF PROPOSALS: Requests by the Accounting
Technician to a proposer(s)for clarification of proposal(s) shall be in writing. Proposer's
failure to respond to request for clarification may deem proposer to be non-responsive,
and may be just cause to reject its proposal.
VALIDITY OF PROPOSALS: No proposal can be withdrawn after it is filed unless the
Proposer makes their request in writing to the City prior to the time set for the closing of
Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from
the submission date to accommodate evaluation and selection process.
AWARD OF BIDS: Awards of contracts and/or purchases shall be to the lowest, most
responsive and most responsible bidder of goods or services, representing the best value
to the City. In determining the lowest, most responsive and responsible bidder and that
purchase or contract that will best serve the interests of the City, the Council, the City
Manager, and purchasing agent, as appropriate, shall consider, but shall not be limited to,
in addition to price, the following:
1. The ability, capacity and skill of the bidder to perform under the terms of the bid
documents including past performance, if available.
2. Whether the bidder can perform the contract or provide the materials or service
promptly, or within the time specified, without delay or interference.
3. The character, integrity, reputation, judgment, experience, and efficiency of the
bidder as reflected in credit reports, Better Business Bureau reports or other
records or reports.
4. The quality of performance of previous contracts and the providing of materials
and/or services.
5. The previous and existing compliance by the bidder with laws and ordinances
relating to the contract, or the providing of materials or services.
6. The sufficiency of the financial resources and ability of the bidder to perform the
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contract or provide the materials or services.
7. The quality, availability, and adaptability of the supplies, equipment, or contractual
services to the particular use required.
8. The ability and location of the bidder to provide future maintenance and service for
the purchase and the financial impact upon the City to receive such future
maintenance or service. If a bidder does not currently have a local project office.
the evaluation committee shall consider the bidder establishing a local project office
to satisfy this requirement
9. The number and scope of conditions attached to the bid.
10. Whether the bidder is in arrears to the city on a debt or is a defaulter on surety to
the City; or, whether the bidders'taxes or assessments are delinquent.
11. The bidder has all current local and county Business Tax Receipts and licenses as
required by law.
IFBs are the least formal review process and the award of the contract is to the lowest
priced, responsive, responsible bidder. The Finance Department coordinates with the
requisitioning department to determine if the lowest price bid is responsive (i.e., complies
with the City's specification). A review of the bid is required to determine if it conforms to
the requirements stated in the solicitation. If the lowest priced bid is found non-
responsive, then the next low bidder will be evaluated and so on until a responsive
contractor is found. When the lowest bidder is found non-responsive or not responsible,
this determination must be in writing with the appropriate documentation.
The Finance Department reserves the right to challenge any award recommendations of
the user division/department.
City Council will approve bid award recommendations wherein the award to each vendor
exceeds $25,000.00, unless previously exempted or approved. Each department is
responsible for the drafting of the Council Agenda Request and assuring appropriate
approvals are obtained prior to forwarding to the Finance Department for review. The
Finance Department will then submit the Council Agenda Request to the City Manager.
Award shall not be final until issuance of a purchase order or contract by the Finance
Department.
CHANGES IN FINALIZED BIDS: Any increase in unit price of any bid formally approved
by the Edgewater City Council must be re-submitted to the Council for approval unless the
increases were allowed by the bid or contract document.
WAIVER OF IRREGULARITIES: The City Manager on behalf of the City Council shall
have the authority to waive any and all irregularities in any and all formal bids.
TIE BIDS: In the event of a tie (with each business certifying that it is a Drug-Free
Workplace), both in individual scoring and in final ranking, the firm with the lowest
volume of work on City projects within the last five (5) years will receive the higher
individual ranking. This information will be based on information provided by the Proposer,
subject to verification at the City's option. If there is a multiple firm tie in either individual
scoring or final ranking, the firm with the lowest volume of work shall receive the higher
ranking, the firm with the next lowest volume of work shall receive the next highest ranking
and so on. If neither vendor has performed in work in the last five years, the preference
will be given to the Proposer within the city limits or principal office closest to City Hall.
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CONTRACTS: Whenever required, the successful bidder shall promptly execute a formal
contract to be approved as to its form, terms and conditions, and signed by the proper
authority. Contract time will be based on engineers' estimates and will be mutually agreed
upon by both the City and the successful bidder during contract negotiations. When
required, such bidder shall also execute and deliver to the Finance Department a good
and sufficient performance and/or payment bond in the amount specified in the Invitation
for Bid. Any bidder who has a contract awarded to him/her and who fails to execute
promptly and properly the required contract and bond, shall forfeit his/her certified check
or bid bond. Upon the execution of the contract by the successful bidder, his/her certified
check will be returned or his/her bid bond may be released. The certified checks of
unsuccessful bidders shall then be returned.
CITY'S RIGHT TO INSPECT: The City or its authorized Agent shall have the right to
inspect the Contractor's facilities/project site during and after each work assignment the
Contractor is performing.
---{Formatted:Justified
WARRANTY REQUIREMENTS:
(A) FOR PURPOSES OF THIS WARRANTY REQUIREMENT, THE TERM "GOODS" MEANS
ANY EQUIPMENT, MACHINES, TOOLS, VEHICLES, HARDWARE, SUPPLIES, COMPONENT
PARTS OR OTHER TANGIBLE PERSONAL PROPERTY PROCURED BY THE CITY,TO WHICH
PROCUREMENT THIS WARRANTY REQUIREMENT IS MADE APPLICABLE THROUGH THE
SPECIFICATIONS. THE TERM "CITY" MEANS THE CITY OF EDGEWATER, ACTING
THROUGH ITS EMPLOYEES, DEPARTMENTS, BOARDS, COUNCIL.
(B) THE SUCCESSFUL BIDDER (ALSO REFERRED TO HEREIN AS "VENDOR"), BY
SUBMITTING THE BID, FURNISHES THE FOLLOWING WARRANTY AS PROVIDED BELOW:
(1) VENDOR WARRANTS THAT THE GOODS DELIVERED ARE NEWLY
MANUFACTURED, FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND
CONFORM IN EVERY RESPECT TO CITY'S SPECIFICATIONS. VENDOR ALSO
WARRANTS THAT IF, DURING THE WARRANTY PERIOD, ALL OR ANY PORTION OF
THE GOODS: (A) FAIL FOR ANY REASON, (B) ARE DISCOVERED TO BE NON-
CONFORMING, OR (C) ARE DEFECTIVE IN MATERIALS OR WORKMANSHIP,
VENDOR WILL REPLACE SUCH FAILED, NON-CONFORMING OR DEFECTIVE
GOODS AT NO COST TO CITY WITHIN THE SAME TIME LIMIT AS THE DELIVERY
PERIOD. THIS WARRANTY SHALL RUN FROM DATE OF OFFICIAL ACCEPTANCE OF
THE GOODS BY CITY, WHICH DATE IS EITHER THE INSTALLATION DATE OR IN-
SERVICE DATE AS SHOWN ON CITY RECORDS OR THE DATE OF FORMAL
ACCEPTANCE OF THE GOODS IN WRITING BY AN AUTHORIZED CITY OFFICIAL,
WHICHEVER OCCURS FIRST, AND END ONE (1) YEAR AFTER THE DATE OF THE
OFFICIAL ACCEPTANCE. THIS WARRANTY SHALL BE UNCONDITIONAL, EXCEPT
THAT IT SHALL NOT APPLY TO OBVIOUS ABUSE, MISUSE OR DAMAGE CAUSED BY
CITY.
(2) AS BETWEEN VENDOR AND CITY, THE EXPRESS WARRANTY GIVEN IN
SUBPARAGRAPH (B) (1) IS IN LIEU OF ANY OTHER EXPRESS WARRANTIES.
SHOULD THIS WARRANTY FAIL OF ITS ESSENTIAL PURPOSE, CITY WILL
CONTINUE TO HAVE RECOURSE UNDER APPLICABLE FLORIDA LAW. THIS
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WARRANTY IS INTENDED FOR THE EXCLUSIVE BENEFIT OF THE CITY AND DOES
NOT CREATE ANY WARRANTIES (EXPRESS OR IMPLIED) OR CAUSES OF ACTION
IN FAVOR OF ANY THIRD PARTIES.
(3) IF A MANUFACTURER OF THE GOODS OR OF COMPONENT PARTS OF THE
GOODS PROVIDES A SPECIAL OR INDEPENDENT WARRANTY WHICH IS LONGER
THAN THE PERIOD PROVIDED FOR THIS WARRANTY, OR WHICH PROVIDES
TERMS MORE FAVORABLE TO CITY THAN THOSE CONTAINED IN THIS WARRANTY
AS TO ANY OTHER PROVISION, THE PROVISIONS OF THIS WARRANTY SHALL NOT
BE CONSTRUED TO DIMINISH OR CONFLICT WITH THE SPECIAL OR INDEPENDENT
WARRANTY GIVEN BY SUCH MANUFACTURER.
(C) THE SUCCESSFUL BIDDER, BY SUBMITTING THE BID, AGREES TO GIVE THE
FOLLOWING INDEMNITY WITH RESPECT TO THE GOODS:
VENDOR SHALL DEFEND, INDEMNIFY,AND SAVE HARMLESS CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES, FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY
CHARACTER, TYPE OR DESCRIPTION BROUGHT OR MADE ON ACCOUNT OF ANY
PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM
FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON
OR PERSONS, ARISING OUT OF OR OCCASIONED BY ANY BREACH OF ANY
WARRANTY, EXPRESS OR IMPLIED, AS TO THE GOODS OR THE FAULT OF
SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACT, PURCHASE
ORDER OR PRICE AGREEMENT: PROVIDED, HOWEVER, THAT THIS INDEMNITY
SHALL NOT APPLY TO ANY PERSONAL INJURY INCLUDING (INCLUDING DEATH),
PROPERTY DAMAGE OR OTHER HARM CAUSED SOLELY BY THE NEGLIGENT USE,
MISUSE OR ABUSE OF THE GOODS BY CITY, OR CAUSED SOLELY BY ANY
NEGLIGENT ACT OR OMISSION OF CITY UNRELATED TO THE USE OF THE GOODS.
IN THE EVENT OF JOINT OR CONCURRING RESPONSIBILITY OF VENDOR AND
CITY, RESPONSIBILITY AND INDEMNITY, IF ANY SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA,
WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO
THE CITY UNDER FLORIDA LAW. THIS PROVISION SHALL NOT BE CONSTRUED
FOR THE BENEFIT OF ANY THIRD PARTY, NOR DOES IT CREATE OR GRANT ANY
RIGHT OR CAUSE OF ACTION IN FAVOR OF ANY THIRD PARTY AGAINST CITY OR
VENDOR, THIS PROVISION BEING SOLELY INTENDED TO PROVIDE FOR
INDEMNIFICATION OF CITY FROM LIABILITY FOR DAMAGE TO THIRD PERSONS OR
PROPERTY AS SET FORTH IN THIS PARAGRAPH.
SECTION VIII
COMPETITIVE PROCUREMENT
PURPOSE: The City will make award to the proposal that meets the requirements and
criteria set forth in the solicitation and whose award will, in the opinion of the City, are in the
best interest of the City. Proposals shall be evaluated based on the requirements set forth
in the solicitation. Criteria that will affect the price should be considered in the evaluation,
and shall be objectively measurable, such as financial capability, references, discounts,
transportation costs, past performance, total or life cycle costs and overall responsiveness
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of the submittal. No criteria should be used in the evaluation that is not set forth in the
solicitation.
Factors to be considered in determining whether the standard of responsibility has been met
include whether, in the City's determination,a prospective vendor/contractor has:
(1) appropriate financial, material, equipment, facility, and personnel resources,
experience, knowledge, and expertise, or the ability to obtain them, necessary to
indicate its capability to meet all contractual requirements;
(2) a satisfactory record of performance on similar projects;
(3) a satisfactory record of integrity;
(4) qualified legally to contract with the City; and
(5) supplied all necessary information in connection with the inquiry concerning
responsibility including but not limited to any licenses, permits, insurance, price
sheets or required organizational papers.
The solicitation for Proposals shall state the relative importance of price and other
evaluation factors. Award can be made to the most responsive, responsible offeror whose
proposal is determined to be the most advantageous to the City in accordance with the
evaluation criteria contained in the Proposal.
Evaluation of Proposals (Procedure):
The City's procedure for selecting is as follows:
1. The City Manager shall approve an Evaluation Committee to review all proposals
submitted in accordance with Statute. At a minimum there will be one member of
the Finance Department as part of the evaluation committee. Plus there shall be a
minimum of three members of the committee, but always an odd number.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Accounting Technician and Project
Manager shall review the proposals received and verify whether each proposal
appears to be minimally responsive to the requirements of the published RFP. In
instances where both the Accounting Technician and Project Manager be
appointed to the committee as voting members, such meetings shall be conducted
in accordance with Florida's Sunshine Law and the City Clerk shall publicly post
prior notice of such meeting in the lobby of the City Hall at least one (1) day in
advance of all such meetings.
4. The committee members shall review each Proposal individually and score each
proposal based on the evaluation criteria stated herein.
5. Prior to the first meeting of the evaluation committee, the City Clerk will post a
notice announcing the date, time and place of the first committee meeting. Said
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notice shall be posted in the lobby of the City Hall not less than three (3) working
days prior to the meeting. The City Clerk shall also post prior notice of all
subsequent committee meetings and shall endeavor to post such notices at least
one(1)day in advance of all subsequent meetings.
6. The committee will compile individual rankings, based on the evaluation criteria as
stated herein, for each proposal to determine committee recommendations. The
committee may at their discretion, schedule presentations or demonstrations from
the top-ranked firm(s), make site visits, and obtain guidance from third party subject
matter experts. The final recommendation will be decided based on review of
scores and consensus of committee.
SECTION IX
PROFESSIONAL SERVICES
CONSULTANT'S COMPETITION NEGOTIATION ACT(CCNA)
PURPOSE: All requirements for CCNA Professional Services, as defined in Chapter
287.055, Florida Statutes shall be publicly advertised once in a newspaper of general paid
circulation or as otherwise indicated in Florida Statutes. Allowable exceptions to public
advertisement include:
(a) Projects involving a public emergency, pursuant to Section IV of the Purchasing
Policy.
(b) When the basic construction of the completed project is estimated to be less then
TWO HUNDRED-FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) or defined
as category five in Florida Statutes, Section 287.017,whichever is greater.
(c) When the fee for professional services for a planning or study activity is estimated to
be less than TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) or
defined as category two in Florida Statutes, Section 287.017, or as may be amended,
whichever is greater.
The Project Manager for acquisition of professional and consultant services under an RFQ
(Request for Qualifications) should suggest recommendations for appointment of
evaluation committee members who have knowledge and interest in the project. The
Evaluation Committee should consist of: Department Head or designee, Project Manager
and a staff member outside the requesting Department. The City Attorney's office may
also provide a representative who shall participate in an advisory capacity as a non-voting
member. The Finance Director or designee shall chair the meetings and will be a non-
voting member. The City's policy and procedures concerning the evaluation process will
be followed.
The Evaluation Committee shall determine specific qualifications necessary for the project
consultant and specify the form for submittal of qualifications by prospective consultants.
For publicly announced requirements, the Department/Division/Office will provide the
Finance Department a RFQ request and scope of services, evaluation criteria and the
Finance Department will publish the notice in a newspaper of general circulation and shall
indicate how interested consultants may apply for consideration. Trade journals or trade
27
magazines may also be utilized for public advertisement for consultant services.
Purchasing will administer the opening of the proposals and the selection/negotiation
committee meetings.
Florida Statutes require reasonable notice to the public, such as the evaluation/negotiating
sessions with consultants. The notice will include the committee's name and purpose,
location of meeting, date and time of meeting, and shall be posted 72 hours in advance of
the meetings. A copy of the meeting notice shall be posted in City Hall. Part of the notice
of public meeting shall include the statement: "Persons with disabilities needing assis-
tance to participate in any of these proceedings should contact the City Clerk, 48 hours in
advance of the meeting". The Chairman of the meeting will ensure a record of the
meeting is maintained, either through a written or recorded method or in accordance with
the Public Records Law of the State of Florida.
The City shall make a finding that the firm or individual to be employed is duly qualified to
render the required service. The Evaluation Committee shall review statements of
qualification and performance data submitted in response to the public announcement and
shall select, in order of preference, no fewer than three (3) firms deemed to be the most
highly qualified, if at least three (3) firms respond to the announcement. If there are less
than three (3) firms responding and after due diligence and searching it is decided every
effort was made to meet Florida Statute 287.055, the City will interview all respondents
and proceed with the evaluation process. Consultant evaluation criteria shall include, but
may not be limited to: approach to work, the ability of professional personnel; whether a
firm is a certified minority busine enterprise; past performance and ;willingness to meet
time and budget requirement&; location of no m than 10 percent may be used; recent,
current and projected workloads; and volume of work previously awarded to the firm by
the City, with the object of effecting an equitable distribution of contracts among qualified
firms, provided such equitable distribution does not violate the principle of selection of the
most highly qualified firms.
The Evaluation Committee may conduct some type of public discussions with and may
require public presentations by a minimum of twotwe (2 ) firms if two firms submitted}
pertaining to the firms' qualifications, approach to the project, and ability to furnish the
required service. Each evaluation committee member will review the statement of
qualifications submitted by each firm and will evaluate each firm's qualifications utilizing
the Professional Services Evaluation Form containing the specific evaluation criteria
established for each RFQ which will approximately resemble the attached PSEF form. The
scores of the committee members will be added to determine the ranking of the firms (first,
second, third) public presentations by firms are not conducted, the ranking established
during the "short list" phase, which includes discussion with the minimum of three (3)
firms, will be the ranking order of the firms.
The committee shall maintain the summary listing of the rank order of the firms being
evaluated, present their recommendations of the three (3) most qualified firms to the
Council, if at least three firms respond to the announcement, and request the Council to
approve the ranking and to authorize staff to negotiate a contract with the top firm.
The Department Director, Finance Director and City Manager shall appoint the negotiating
committee. The negotiating committee will consist of essentially the same personnel as
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the evaluation committee to the extent possible. The committee shall be comprised of the
Department Head or designee, the Project Manager and at least one staff member of City
government having knowledge and interest in the project. Upon Council direction, the
negotiating committee shall negotiate a contract with the most qualified firm for
professional services for compensation, which is determined to be fair, competitive and
reasonable.
Detailed discussions must be held by the firm and the City to clearly establish the scope of
the project and the exact services to be performed by the Consultant. The committee shall
negotiate a contract for professional services with the most qualified firm at a
compensation, which the City determines is fair, competitive and reasonable. In making
such determination, the City shall conduct a detailed analysis of the cost of the
professional services required in addition to considering their scope and complexity.
Should the City be unable to negotiate a satisfactory contract with the firm considered to
be the most qualified at a price the City determines to be fair, competitive and reasonable,
negotiations with that firm must be formally terminated. The City shall then undertake
negotiations with the second most qualified. Failing accord with the second most qualified
firm, the City must terminate negotiations. The City shall then undertake negotiations with
the third most qualified firm.
Should the City be unable to negotiate a satisfactory contract with any of the selected
firms, the City shall select additional firms in the order of their competence and
qualification and continue negotiations in accordance with the prior requirements until an
agreement is reached
For all lump-sum or cost-plus fixed fee contracts of ONE HUNDRED FIFTY THOUSAND
AND 00/100 DOLLARS ($150,000.00) or defined as category IV in Florida Statutes
Section 287.017, whichever is greater, the firm awarded the contract must execute a truth-
in-negotiation certificate stating that the wage rates and other factual unit costs are
accurate, complete, and current, at the time of contracting. Any contract requiring this
certificate shall contain a provision that the original contract price and any additions shall
be adjusted to exclude any significant sums by which the City determines the contract
price was increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such contract adjustments shall be made within one year following
the end of the contract.
SECTION X
PROCEDURES FOR MULTIPLE
CONSULTANTS UNDER COMPETITIVE CONSULTANT NEGOTIATION ACT (CCNA)
PURPOSE: To set standards as to how scopes can be split between those services
within the scope of practice as defined by the laws of Chapter 287.055, Florida Statutes.
The Selection Process described below will be followed to select a consultant when
awarding master agreements under continuing contracts when multiple qualified
consultants are under contract with the City. Whenever possible, the objective is to
29
distribute the work equally amongst the consultants under contract. Equal distribution of
the work will be measured by the dollar value of the work awarded; such that each
consultant gets (if work requirements permits) an equal share of the total dollars spent
annually on the Master Agreements.
1. Selection Process:
When dealing with multiple consultants under a CCNA Master Agreement, the
Department, responsible for the project, will select only one of the consultants to solicit for
a proposal when criteria items a. or b. apply. On projects where criteria a. or b. do not
apply, the Department, responsible for the project, will prepare a scope of work document
that Finance will use to solicit sealed proposals from the qualified consultants under
contract with the City for the specified type of work. The following criteria items c. through
g., in order of acceptance, will be used to determine which consultant will be awarded the
work:
a. Specific and unique technical expertise not available from any of the other
consultants under contract. This criterion will not apply to all master agreements.
b. Maintain project continuity. This criterion will not apply to all master agreements.
c. Past performance on previous City work.
d. Availability of resources to undertake assignment.
e. Willingness to meet time and budget requirements.
f. Distribution of dollars awarded to date under the Master Agreement with the object
of effecting an equitable distribution of contracts among qualified firms, provided
such distribution does not violate the principle of selection of the most qualified
firms.
g. If the consultant does not choose to participate, the City will select another
consultant using the criteria in paragraphs (a-f)above.
When multiple sealed proposals are solicited, the Department responsible for the project
shall evaluate the sealed proposals in accordance with the above criteria and select one of
the consultants to perform the work.
2. Generating the Master Agreement:
The Department, responsible for the project (User Department), must send a Request for
Service/Proposal to the consultant selected (as provided herein) or Finance must send (as
provided herein) a Request for Service/Proposal to the multiple consultants under
contract. The request asks for a technical memorandum/scope of services and a fee
proposal. The Request for Proposal must include:
a. Statement of Work - The statement of work will provide each consultant with a
complete description of the requirement enabling them to prepare a proposal with
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valid man-hours. The City may ask the consultant for solutions and to identify
unacceptable conditions.
b. Elements - The minimum required elements are the purpose and brief description
of the project; description of the work/service to be performed; the location(s)where
the work/service is to be performed; the basis for determining the award of the
Master Agreement; a contact person for the City for questions or clarifications
including the telephone number and the extension number; and what is the required
delivery date or period of performance. Any questions or clarifications given must
be forwarded to all consultants.
c. Submittal - The User Department or Finance Department must indicate when the
proposal is due back to the City. Be very specific of when and where the proposal is
to be delivered, indicating that if the City does not receive the submittal on time, the
City understands the consultant has chosen not to participate in the process for that
particular project.
d. Additional information - If additional information is available for the consultant's
review and consideration, please indicate the location of those documents and the
contact person including telephone number and extension number.
e. Meeting/Site Visit - If a meeting and/or a site visit are necessary to discuss the
project, please indicate the location,time and date of the meeting.
3. The consultant shall submit the following in response to the City's Request for
Proposal:
a. Detailed Scope of Work and Services —The Detailed Scope of Work and Services
shall specifically address each aspect of the project and tell in detail how the
consultant will accomplish the work. Provide a schedule that, as a minimum shall
include a list of milestones and a schedule for completion. Each milestone task
must be described in sufficient detail for the Department to evaluate the
consultant's understanding of the project and action plan for completion.
b. Fee Proposal — The Fee Proposal shall include as a minimum the level of effort
proposed to support the work. This should include a list of man-hours by staff
position and the contracted hourly rate for that position. The hourly rate should
match the hourly rate included in the Master Agreement, unless the hourly rate is
negotiated to a lower rate. Any subcontracted effort must be included in the
proposal and supported by a matching fee proposal.
c. Acceptability of Proposal from the selected consultant-The proposal received from
the selected consultant must be acceptable to the City. Criteria to consider when
determining the acceptability may include understanding requirements, technical
approach, innovative techniques or solutions, management approach, proposed fee
and the ability to meet cost or time constraints. The User Department will determine
the acceptability criteria for the Master Agreement.
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4. If the proposal is found to be unacceptable as submitted, the City will continue
to negotiate with the selected consultant until an acceptable resolution is
obtained.
a. If the proposal as submitted is not fully acceptable, but could become acceptable
with relatively minor changes to the scope of services, proposed fee schedule or
fee proposal, then the Department will enter into discussions with the consultant to
refine the proposal making it acceptable. Based on those discussions, the
consultant must submit a revised proposal, which the City finds fully acceptable.
b. If the proposal as submitted is so unacceptable that it can not be made acceptable
without major modifications to either the technical scope of services, the proposed
fee, or the proposed schedule, then the City has the option to formally terminate
negotiations with the consultant and enter into negotiations with the next qualified
consultant for the project, and so on, or re-solicit proposals.
5. The User Department must provide copies of all documentation to the Finance
Department including:
a. Request for scope of work and services and fee proposal;
b. Originals of the consultant's submittals;
c. Determination of acceptability and recommendation for award (master agreement
request form);
d. Prepare Council Agenda Request(CAR)for awards greater than $15,000.00.
SECTION XI
PROCUREMENT OF DESIGN-BUILD AND/OR
DESIGN-BUILD OPERATE SERVICES
PURPOSE: Pursuant to§287.055(9), Fla. Stat. (2007), the following procedures shall be
followed in selecting firms when design-build or design-build-operate services are sought
by the City. Definitions contained in § 287.055(2), Fla. Stat. (2007), have the same
meaning in this part except "project". "Project" shall mean a fixed capital outlay project
described in the public notice including individual facilities; grouping of facilities; and
rehabilitation and renovation activities.
1. Selection of the Design-Criteria Professional
A design criteria professional shall be selected and contracted with pursuant to §
287.055, Fla. Stat. (2007) or otherwise currently be under contract or employed by the
City. The design criteria professional will not be eligible to render services under
design-build or design-build-operate contracts executed pursuant to the design criteria
package. The design criteria professional may be required to evaluate qualifications
and proposals submitted by firms, review detailed working drawings for the project, and
evaluate project construction for compliance with the design criteria package.
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2. Design Criteria Package
The design criteria professional shall prepare a design criteria package on behalf of the
City. The purpose of the design criteria package is to provide sufficient information
upon which firms may prepare proposals or upon which negotiations may be based.
The firm to whom the contract is awarded will be responsible for creation of the project
design based on the criteria in the design criteria package.
3. Minimum Qualifications for Firms Providing Design-Build Services
Firms seeking to provide design-build or design-build-operate services shall be:
a. Certified under§489.119, Fla. Stat. (2007), to engage in contracting through
a certified or registered general contractor or a certified or registered building
contractor as the qualifying agent; and
b. Certified under§471.023, Fla. Stat. (2007), to practice or to offer to practice
engineering; or certified under § 481.219, Fla. Stat. (2007), to practice or to
offer to practice architecture; or certified under § 481.319, Fla. Stat. (2007),
to practice or to offer to practice landscape architecture.
4. Request for Qualifications
a. The City shall give public notice of each instance in which professional
services are being sought for a design-build or design-build-operate project,
providing a general description of the project and requesting qualifications
from firms. The notice shall be published in appropriate publications as
determined based upon the type of project.
b. A firm desiring to provide design-build or design-build-operate services for a
project shall timely submit a letter of interest to the City, which shall include
the following: qualifications, availability and past work. Along with its
qualifications, the design-build firm shall file a sworn statement pursuant to§
287.133, Fla. Stat. (2007).
5. Qualification of Firms
The City shall determine the relative ability of each interested firm to perform the
services required for the project based on the factors set forth in Section XI (3) above.
After reviewing the letters of interest, the City shall select no less than three firms
deemed to be most highly qualified to provide the required services and request those
firms to provide proposals for the project.
6. Proposal Selection
a. Only firms selected as most qualified will be notified by _mail by the City to
submit sealed proposals. Firms not selected will be notified by_mail.
b. Pursuant to the request for proposals, each selected firm shall timely submit
its sealed proposal to the City for evaluation. The proposal shall be based on
33
the criteria in the request for proposal and design-build or design-build-
operate package.
c. The City shall evaluate each firm's proposal based on price and technical
and design aspects of the project. The evaluation process shall be based on
criteria and procedures established prior to the solicitation of competitive
proposals.
d. Where further clarification of proposals or additional information is needed,
the City shall require informational presentations by the selected firms.
e. The City shall designate and rank not less than three firms, in order of
preference, whose proposals the City deems to be most advantageous,
having taken into consideration the evaluation criteria and the Proposer's
responsiveness to the request for proposals. A notice of intended action
shall be provided by_mail to the selected firms.
7. Competitive Negotiations
a. The City shall begin contract negotiations with the designated firms in order
of rank for fair, competitive and reasonable compensation.
b. Should negotiations with the most highly ranked firm prove unsuccessful, as
determined by the City or designee, negotiations with that firm shall cease
and negotiations shall begin with the next most highly ranked firm.
Negotiations shall continue in accordance with this section until an
agreement is reached. The City or designee is authorized to award the
contract.
c. If a satisfactory agreement is not reached with any of the designated firms,
the City will either:
1. Designate and rank additional responding firms, in order of preference,
for competitive negotiations pursuant to (1) and (2) above;
2. Republish the request for qualifications, with any appropriate
modifications; or
3. Abandon the process entirely.
8. Rejection of Proposals
a. The City reserves the right to reject any and all proposals, provided such
action is done in good faith, and is not arbitrary and capricious.
b. If the City finds it necessary to reject all the proposals, a written statement to
this effect shall be placed in the proposal file and the Proposers shall be
notified. The City may then republish the request for qualifications, with any
appropriate modifications. Any interested firm will have the opportunity to
submit or resubmit its qualifications to the City for consideration.
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9. Emergency Procurement of Design-Build Services
If the City determines in writing that an immediate danger to the public health, safety,
welfare or other substantial loss to the public requires emergency action, the City may
proceed with the procurement of the design-build services without competition.
10.Reuse of Plans
When the City reuses existing design criteria packages and resulting plans from a prior
project, the requirements of this subpart shall not be applicable.
11.Alternative Procedure for Procurement of Design-Build or Design-Build-Operate
Services
In lieu of the policies contained herein, the City may engage in a qualifications-based
selection process for design-build or design-build-operate services as set forth in
section 287.055(9)(c). This alternative process would allow the City to issue a request
for qualifications without price, to rank the respondents and to begin negotiations with
the top ranked respondent. The selected firm would then establish a guaranteed
maximum price and guaranteed completion date. Should the City elect this alternative
process, it shall be made clear in the original solicitation.
SECTION XII
EVALUATION OF PROPOSALS AND RECOMMENDATION FOR AWARD
PURPOSE: Once the proposals have been opened, an Evaluation Committee or
Technical Reviewer must evaluate them. The Finance Department must be present at
each evaluation meeting and shall chair the Evaluation Committee. The Evaluation
Committee is structured to provide the skills necessary for the particular project being
evaluated. Certain procurement actions may require a technical review, which may be
conducted at the discretion of the Department Head. To the extent a Technical Review is
needed, they shall comply with the Sunshine Law and Public Records requirements.
Additional skills required for evaluation may include engineering, general business, legal,
or information technology. The Evaluation Committee as a whole will meet to arrive at a
recommendation for award. When the Department or Technical Reviewer responsible for
the project prepares recommendation, the tabulation sheet must be included with the
recommendation of award. Once all the steps above are completed, the contract will be
prepared and the Council Agenda Request must be written, if necessary.
Evaluation Committee meetings must comply with the State of Florida's Sunshine and
Public Records Laws. Reasonable notice of the date, time and place of the meeting must
be given. The meeting should be recorded, when possible. If not recorded, minutes must
be taken by the person chairing the meeting. At the meeting, the committee members
must return all required forms such as the Conflict of Interest Statements and individuals
or group evaluation forms and any other pertinent data as necessary for the evaluation of
the project.
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1. The evaluation process is a key function in the selection of a quality
contractor/consultant. It is very important that this process be conducted in a
professional and consistent manner; therefore team members need to be flexible
and available for all meetings during the evaluation/review process, including
demonstrations and presentations. City employees that are nominated to serve on
an Evaluation Committee will follow these guidelines and procedures. The
Evaluation committee shall review the proposals for references, responsiveness
and responsibility of submittals. The Evaluation Committee evaluates the
submittals against the established evaluation criteria stated in the solicitation.
Evaluation Committee meetings are considered "open meetings" under the
Government-in-the-Sunshine Law and must be open, notice posted and minutes
taken.
2. For all Proposals, CCNA and special projects, if the procurement has a value of
$250,000.00 or more per year, then the Department Director must be a member.
3. For contracts awarded under the State of Florida's Consultants' Competitive
Negotiation Act (CCNA): This formal evaluation process will identify the firms that
best meet our requirements in accordance with the evaluation criteria stated in the
solicitation. The Evaluation process requires a review of all proposals
independently against the established evaluation criteria as stated in the
solicitation. The Finance Department will supply the evaluation criteria as stated in
the solicitation. The evaluation sheets shall include comments of the strengths,
weaknesses and deficiencies of each proposal that support the staff
recommendation. The Evaluation Committee shall evaluate statements of
qualifications and performance and shall conduct discussions with and may require
public presentations by no fewer than three most highly qualified firms (if more than
three firms) selected in order of preference. Each evaluation committee member
will review the statement of qualifications submitted by each firm and will evaluate
each firm's qualifications utilizing the Professional Services Evaluation Form
containing the specific evaluation criteria established for each RFQ which will
approximately resemble the attached PSEF form. The scores of the committee
members will be added to determine the ranking of the firms (first, second, third).
The evaluation sheets will be included in the backup of the agenda or a tabulation
form displaying the scores of all committee members can be submitted instead of
individual sheets. If public presentations by firms are not conducted, the ranking
established during the "short list" phase, which includes discussion with the
minimum of three (3)firms, will be the ranking order of the firms.
4. Request for Proposal (RFPs) (Non-CCNA): This process is similar to the above. It
includes a price/cost evaluation that the Finance Department will provide as part of
the overall evaluation. The method of award must be stated in the solicitation and
may be of two types; low price technically acceptable or best value. For low price
technically acceptable process, the evaluation process will start with the lowest
proposal to determine if they are technically qualified. If not, then proceed to the
next low until an acceptable proposal is found. A pass/fail or yes/no evaluation is
required to determine if the proposal meets the technical requirements. For Best
value process or an award to other than the lowest price, the team must evaluate
all proposals and document the advantages of the recommended firm to support
the best value recommendation. The documentation must specifically address why
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the recommended award is worth the added cost over the lowest(or lower) price(s).
The evaluation sheets that support the best value justification will be part of the
backup documents.
• Method of evaluations: There are two approved methods of evaluations to be used:
- Weight(points) system, can be a two-step process
- Rating (adjectival) system can be a two-step process.
5. The Evaluation Committee Leader is responsible for ensuring the Evaluation
Committee performs Past Performance or Reference checks, and guiding the team
to a consensus recommendation. The Finance Department will monitor the
evaluation process and provide guidance at the start of each formal evaluation. If
requested, training on the evaluation process can be provided to the team with little
or no previous evaluation experience. The Finance Department will review forms
for completeness and compliance with the policy. Any forms that are not properly
filled out or which lack appropriate comments or documentation to support the
award recommendation may result in the delay of the award recommendation.
Each team member must be thoroughly familiar with the contents of each proposal
and the requirements of the evaluation criteria in the solicitation. Team members
should evaluate each proposal on its own merits and in accordance with the
requirements stated in the solicitation. At the Evaluation Committee meeting, team
members will work towards reaching consensus and will submit a single
recommendation for proceeding. The Evaluation Committee Leader, with
assistance from the Finance Department Staff, will guide the team's deliberations.
6. List the Strengths,Weaknesses and Deficiencies using the following guidelines:
- Strengths: Those areas in which the proposal meets or exceeds the City's
requirements.
- Weaknesses: Those areas where the proposal lacks soundness or
effectiveness, which could prevent fully successful performance of the
contract.
- Deficiencies: Those areas where the proposal fails to meet the City's
requirements.
These strengths, weaknesses and deficiencies can be used in the negotiations,
presentations and discussions during the second step of the two-step process. The
Finance Department is responsible for performing a cost or price analysis on each
solicitation. The analysis will include a determination of fair and reasonable price for the
recommended award. The price/cost proposal of the RFP should be evaluated by the
Finance Department personnel using the following ratio:
The lowest price proposal receives the maximum points or is rated highly acceptable.
Divide the next vendor's price by the lowest to receive a percentage and multiply this
percentage by the weights to determine the next score.
EXAMPLE:
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VENDOR PROPOSED 44, MULTI WEIGHT EQUALS WEIGHTED
PRICE DV {POINTS} SCORE ***
A $40,000 85%** X. 30; (H/A-1) = 26(3.1 -A)
$3-7-75-044 90%* X 30; (H/A-1} = 27 (3.6 - H/A)
S $337999 100% X = 30(1.0 - H/A}
* Vendor"B" percentage is$33,900_$37,500 - 90% X 30 or(1}-27 or(3.6}
** Vendor"A"percentage is$33,900_$10,000-85%X 30 or(1) - 26 or(3.1}
Highly Acceptable (H/A) - 1
Acceptable(A) -3
Marginal (M) - 2
Unacceptable(U) - 0
If the contract is based upon various hourly rates or level of effort, the Specialist must
make some assumption based upon anticipated usage or historical data. This estimated
cost must be analyzed using the above process or if developed in the RFP a way to utilize
the rates as benchmark.
Presentations and interviews must comply with the State of Florida's Sunshine and Public
Records Laws. The meeting should be recorded, when possible. If not recorded, minutes
must be taken by the person chairing the meeting. If presentations are necessary, the
details of the presentations must be discussed such as time for each presentations and
the overall schedule. Once the information is collected and compiled, the ranking must be
established. The Tabulation Form must be updated and posted in DemandStar.
Once the short listed firms have been identified, staff must ensure compliance with the
following process:
• Notify the Consultants by --_.-fax or e-mail of the City's determination. The firms
must be notified within the next two (2) days of the Evaluation Committee meeting.
The notification shall include details of the interviews/presentations including but
not limited to the following:
- Date and time of the interview/presentations.
- Location of the meeting.
- Time allotted for each firm.
- Additional information if requested by the Evaluation Committee.
• Finance will coordinate the schedule of the interviews/presentations with the
Evaluation Committee meeting and when applicable will send invitations via e-mail.
• Interviews/Presentations forms must be sent to the User Department requesting
information for the evaluation of the firms.
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• Prior to the date of the interviews/presentations, staff must ensure that the
evaluation forms and the sign-in sheet forms are completed and available for each
member of the Evaluation Committee. There must be a sign-in form for each of the
firms presenting.
SECTION XIII
BONDS AND BID SECURITY
PURPOSE: The Finance Department is responsible for insuring that any required surety
bonds are maintained. Before commencing work on the construction of a public building or
repairs upon a public building or public work, the contractor shall deliver to the City a
payment and performance bond which will be recorded in the public records of the City.
The bonds must state the name and principal business address for both the principal and
the surety and must contain a description of the project sufficient to identify it.
Requirement for Bid Security: Bid security shall be required for all competitive sealed
bidding for capital improvement construction contracts when the price is estimated to
exceed ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) or when the
City Manager or designee deem appropriate. Bid security shall be an original bond
provided by a surety company authorized to do business in the State of Florida or the
equivalent in the form of a cashiers or certified check. The City Manager may require bid
security for other types of bids and Request for Proposals (RFPs). Amount of Bid Security
shall be indicated in the Contract Documents. When the Invitation for Bids (IFBs) or RFPs
requires security, noncompliance requires that the bid be rejected.
As determined by the Finance Director or designee or mandated by Florida Statutes, the
following bonds or security shall be delivered to the City and shall become binding on the
parties upon the execution of the contract:
(1) A performance bond satisfactory to the City, executed by a surety company
authorized to do business in the State of Florida or otherwise secured in a manner
satisfactory to the City, in an amount equal to one hundred percent (100%) of the price
specified in the contract.
(2) A payment bond satisfactory to the City, executed by a surety company
authorized to do business in the State of Florida or otherwise secured in a manner
satisfactory to the City, for the protection of all persons supplying labor and material to the
contractor or its subcontractors for the performance of the work provided for in the
contract. The bond shall be in an amount equal to one hundred percent (100%) of the
price specified in the contract.
Nothing in this Section shall be construed to limit the authority of the City to require a
performance bond or other security in addition to those bonds or in circumstances other
than specified in this Section.
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SECTION XIV
CONTRACTS AND CONTRACT PROCESSING
PURPOSE: The City contracts for a varied number of services and products. Formal
contracts attest to definitive detailed obligations of goods, services and/or payments of
monies between the City and others, as approved by the City Council or as delegated by
the City Council via formal action or ordinance. Contracts will be issued in conjunction with
either a blanket or inverted purchase order, which will be used as the payment tool for the
contract.
DEFINITION:A written or oral agreement between two or more competent parties that
defines a job or service to be performed and which is legally enforceable.
WHEN PREPARED: Contracts are prepared after a recommendation of award of a bid,
proposal or quotation is received, or in absence of competition, prior to approval by the City
Council or City Manager, as appropriate. Contract time will be based on engineers
estimates and mutually agreed upon by both the City and the successful bidder during
contract negotiations.
HOW PREPARED: The Finance Department will prepare and coordinate contract activity,
including contract preparation; legal reviews; contract amendments; renewals; contract
change order preparation, or review if prepared by the City's consultant; change order
processing; notice to proceed; pay request review and processing for inverted purchase
orders, unless delegated, and any other activity as determined by the City Manager.
PROCEDURE: All requests for contract preparation will be sent to the Finance Department.
The dollar thresholds for procurements will be followed unless exempted by code, ordinance
or prior Council approval. Contracts with no dollar value will be signed by the City Manager
unless he wishes to have Council approve.
A draft contract will be prepared by the Finance Department and sent for review to the
Contractor, City Attorney and the requesting department. If required, the Finance
Department will submit a Report to Council for the approval of the contract. All review
comments will be routed to the Finance Department. The contract will be revised and two
copies will be routed for signature from the following parties:
Contractor
Department Head
Finance Director
City Attorney
City Manager
Mayor(if applicable).
The City Clerk will ensure the Mayor's signature is obtained as required. The City Clerk will
then sign and affix the City seal. The City Clerk will return the documents to Finance
Department for distribution. Distribution of the original contract is as follows: Vendor, City
Department, City Clerk and Finance Department. If multiple departments require the
document, copies will be made and distributed to departments. If the contract involves the
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collection of revenue, the Finance Department receives two copies of the contract. The City
Clerk will record and retain all officially approved and executed original contract documents.
RESPONSIBILITY: The affected department will monitor the contract for compliance with
terms and conditions of the contract. The Finance Department will monitor contracts for
procedural, legal and statutory compliance,and to assist in dispute resolution.
SECTION XV
PURCHASES NOT REQUIRING BIDS
PURPOSE: This section defines the limitations of purchasing without solicitation.
Authorization for purchase of these items will follow the threshold approval authority as
outlined in this Policy.
SOLE SOURCE AND PROPRIETY SOURCE: The following criteria must be met in order
to satisfy the sole source or proprietary source requirement:
a. It is the only item that will produce the desired results (or fulfill the specific need)
or
b. The item is available from only one source of supply ... or
c. The item is available from more then one vendor but due to extreme
circumstances, only one vendor is suited to provide the goods or services.
Sole source and proprietary source purchases are exempt from competitive requirements.
However, all sole source requisitions exceeding $10,000.00 in value will be electronically
advertised for a period of at least 5 business days. The steps to follow for sole source and
proprietary source purchases are as follows:
a. The User Department/Division and the Finance Department shall attempt to
locate competition. Staff will also check for piggyback contracts. If no other
sources are found, the User Department/Division shall submit to the Finance
Department a completed sole source/proprietary source form, indicating the
requisition number.
b. A sole source or proprietary source form shall be used to justify and document
the requirement. The form shall state why only one source can produce the
desired results (or fulfill the specific need).
c. The Finance Department will electronically post a description of all requisitions
meeting the requirements for competitive pricing for a period of at least seven
(7) business days after the receipt of a completed sole source form from the
department.
d. The Finance Director shall review and approve or disapprove, in writing; sole
source/proprietary source designation.
e. The User Department/Division shall be notified of disapproved requests and the
purchase shall be made in accordance with standard procedures.
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f. When the Finance Director approves a sole or proprietary source, staff shall
conduct negotiations on price, delivery, and terms. The price must be
determined fair and reasonable.
g. The Finance Department shall keep a log of sole/proprietary source purchases,
which includes the vendor name, the amount, item description,justification, and
the purchase order number.
h. For those instances that services are needed involving multiple years (i.e.
maintenance of equipment, warranty, etc.) the request must be combined to
capture the project, as a whole, and the proper approval must be obtained.
STANDARDIZATION
DEFINITION: Standardization is the process of examining characteristics and needs for
items of similar end usage and developing a single specification that will satisfy the need for
most or all purchases for that purpose. Proprietary purchases (usually components)
maintain a degree of continuity to the original or existing decor, equipment, or programs.
Where standardization is determined to be desirable by the Finance Director, the
purchase of materials, supplies and equipment and certain contractual services may be
made by negotiation.
Compatibility to existing equipment will be an acceptable justification for waiver of bidding
procedures provided the item meets the other criteria within the definition of sole source
item (i.e.; available from only one source and only item that will produce the desired
results).
COOPERATIVE PURCHASING
DEFINITION: An approach in which several organizations jointly buy selected items. They
may form or utilize a centralized buying service that purchases specified types of items for
all members of the group or cooperate informally. The resulting volume buying usually
produces significant cost savings for group members.
The Finance Director shall have the authority to join with other units of government in
cooperative purchasing ventures when the best interests of the City would be served and
the same is in accordance with City Ordinances. Purchases in any amount may be made
against established G.S.A, State of Florida, or other units of government and non-profit
organizations term contracts without bidding, provided they are in the best interest of the
City.
Purchases from the current City cooperative contracts, state term purchasing contracts, or
state university system cooperative bid agreements, and non-profit organizations, will be
an acceptable alternative procedure for bidding, providing all terms and conditions of the
contract apply.
OTHER NON-COMPETITIVE PURCHASES:
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The following items can be paid by PO, FPO, pre-payment procedures or paid
directly by Finance
• Governmental Contracts: Usage of other City resources, such as Environmental
Services for parking lot improvements, may be exempt from bidding practices,
unless competition is desired;
• Resale: Items for resale, such as those being marketed by an enterprise function,
shall be exempt from bid requirements;
• Copyrighted Materials: The purchase of educational tests, textbooks, printed
instructional materials, films, filmstrips, videotapes, disk or tape recording or similar
licensed or copyrighted audio-visual materials and computer software, periodicals,
and other copyrighted materials are exempt from competitive solicitation
requirements. This exception applies when purchased directly from the producer or
publisher, the owner of the copyright, an exclusive agent within the state, a
governmental agency or a recognized educational institution;
• Acquisition of Real Property, such as land, easements, rights-of-way, existing
buildings, structures, or improvements, resulting from negotiations and approved by
the City Council;
• Court-ordered fines and judgments, resulting from litigation;
• Exceptional disbursement as authorized by the City Council;
• Court-ordered fees, resulting from the judicial process, processed by the Clerk of
the Court, and recorded against the budget for such fees;
• Cash transfers and investment transactions for fiscal management purposes,
recorded against general ledger accounts;
• Accrued or current liabilities already charged against the budget, recorded against
general ledger accounts;
• Debt service payments charged against budgetary accounts as authorized by the
City Council;
• Postage or other delivery services;
• Utility refunds;
• Employee deduction;
• State or County license and permit renewals;
• Auto Tags;
• Refunds of current or prior year revenues charged against budgetary accounts;
• Grant disbursements to federal, state, or local government agencies, or to private
groups or agencies;
• Insurance including but not limited to liability, property, medical, and workers
compensation insurance or payments from any loss fund established for such
purpose;
• Dues and memberships in trade or professional organizations, subscriptions for
periodicals, advertisements, copyrighted material, part-time, authorized hospitality
expenses, and fees and costs of job-related travel, seminars, tuition registration
and training as allowed by the City budget;
• Legal services, expert witnesses, court reporter services, and all other related
expenses of claims and/or litigation;
• Consultant Services, other than those regulated by§287.055, Fla. Stat.;
• Title insurance, title commitments, title searches, and ownership and encumbrance
searches; and
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• Transactions by Interlocal Agreement.
procurement regulations in order to comply with a federal or state law.
SECTION XVI
PURCHASING CARD
PURPOSE: The purchasing card program is a delegation of procurement authority by
the Finance Department to the Departments. Each Department Head must control the
proper use of his or her Department's cards.
PURCHASING CARD ADMINISTRATION: Each Department Head shall determine who
in their Department should have a City purchase card. The "Purchase Card Form" is
used to apply for a purchase card. The application must be completely filled out and
signed by the appropriate Department Head. Requests that exceed any of the
established "Cardholder Controls" must have the City Manager's approval. New
cardholders will receive training and must sign a "Cardholder Agreement" signifying they
understand and accept the responsibility associated with the purchase card.
1. MAKING CHANGES TO THE PURCHASING CARD: The "Purchase Card
Form" is also used to make changes to the purchasing card. Any changes to
"Cardholder Controls" will require the Department Head's signature approval.
Any change to "Cardholder Controls" that exceed the established amounts must
have the City Manager or designee's signature of approval. Changes to fields
other than"Cardholder Controls"can be made with only the cardholder's and the
approving official's signatures.
2. TRANSFERING THE CARD BETWEEN DEPARTMENTS: The purchasing
card can be transferred from one Department to another with the receiving
Department Manager or Department Head's approval. If an employee moves to
a new Department, the losing Department is required to notify the Finance
Department of the transfer by email. The Finance Department will verify
approval of the card transfer with the receiving department. Once approval is
received the card will be moved to the receiving department's group.
3. LOSING THE CARD ACCOUNT: If an employee leaves the City or no longer
requires a card, the Department Head is responsible for collecting the
purchasing card. The card should be cut in half once and submitted to the
Finance Department along with the "Purchase Card Form" marked to close the
account. The Finance Department will contact the issuing Bank to close the
account. If the card cannot be collected from the terminated employee, treat the
card as a"Lost or Stolen"card and follow those procedures.
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4. LOST OR STOLEN CARDS: If a card is lost or stolen, immediately notify the
issuing Bank and the Finance Department. The cardholder must also notify his
approving official.
Cardholder Spending Limits:
(1) The delegation of purchasing authority that the card provides to each
cardholder sets the maximum dollar credit limit amount per month. Each time a cardholder
makes a purchase with the card, the limit will be checked, and the authorization request will
be declined should the purchase amount exceed the available credit amount. The
maximum credit limit amount is set at TEN THOUSAND AND NO/100 DOLLARS
($10,000.00) and cannot be exceeded without the approval of the City Manager or
designee. Each cardholder's credit limit is recommended by the cardholder's supervisor on
the "Purchase Card Request Form" and must be approved by the cardholder's Department
Head and by the Purchasing Card Program Administrator. Requests for a credit limit
exceeding TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) must be justified in
writing and approved by the City Manager or designee prior to submission to the Finance
Department.
(2) The City's single transaction limit for goods is set at FIVE THOUSAND
AND NO/100 DOLLARS ($5,000.00). Single item purchases exceeding $1,000.00 but
under$5,000.00, are allowed with supporting documentation.
(3) The single transaction purchase limit is defined as the total transaction
dollar limit for a single transaction. The maximum single purchase limit is set at FIVE
THOUSAND AND NO/100 DOLLARS ($5,000.00) and cannot be exceeded without prior
coordination with the Finance Department and approved by the Finance Director. Each
cardholder's single purchase limit is recommended by the cardholder's supervisor on the
"Purchase Card Request Form" and must be approved by the cardholder's Department
Head and by the Finance Department Administrator (or designee). Finance in conjunction
with the Department may change the single transaction limit based on operation. Requests
for a single purchase limit exceeding FIVE THOUSAND AND NO/100 DOLLARS
($5,000.00) must be justified in writing and approved by the City Manager prior to
submission to the Finance Department.
(4) The City's Emergency Operation Center will designate personnel
involved during declared emergency. Limits of designated cardholders will be increased as
necessary for recovery efforts. The maximum credit limit amount is set at TWO HUNDRED
AND FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00). Purchases made with
emergency purchase cards must follow emergency purchasing procedures.
(5) Finance Department may use P-Card as a payment method to pay for
any invoice up to$50,000.00
(6) Fleet may exceed single transaction limits of $5,000.00 on sole
source/standardized items related to Fleet Maintenance items only, with supporting
documentation.
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PURCHASING CARD USE:
(1) The purchasing card is to be used for CITY PURPOSES ONLY. The
purchasing card may be used for all legitimate City purchases unless specifically prohibited
in this section. The City is exempt from paying sales tax.
(2) The purchasing card has the cardholder's name embossed on it and is
to be used only by that cardholder only. No other person is authorized to use the card.
(3) Each transaction may be comprised of multiple items, but each item(s)
cannot exceed the single item purchase dollar limit. Purchases will be denied if the
authorized monthly purchase limit, the single purchase limit, or the daily transaction limit is
exceeded. Purchases are not to be split in order to stay within the single transaction
purchase limit.
(4) All items purchased over the counter to be paid by using the card
must be immediately available. Back ordering is not permitted.
(5) All items purchased by telephone order or from the Internet that will not
be confirmed with a written order and will be paid by using the card must be delivered by the
vendor within the thirty (30) day billing cycle. The order should not be placed without this
assurance.
(6) The purchasing card MAY NOT be used to purchase fuel, oil, personal
items,telephone calls, or items listed on the"Do Not Buy List"
(7) The purchasing card MAY be used to purchase fuel when on overnight
and or out of state travel. Fuel purchase may be made only for a city owned vehicle or
rental vehicle ONLY. Employee must be on designated travel status.
(8) The purchasing card MAY NOT be used to make cash advances or to
write VISA checks.
(9) The purchasing card cannot be used to purchase like items totaling
over$25,000.00 annually. These items should be purchased using competitive purchasing
procedures. The use of the purchasing card is not intended to replace effective
procurement planning which enables volume discounts.
(10) Cardholders must follow their department's control of funds procedures
to ensure that sufficient funds are available prior to making a purchase.
(11) The least expensive item that meets the City's basic needs should be
sought
PURCHASING CARD TRAINING:
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(1) Initial Training: Each cardholder will be provided with initial training
prior to issuance of the purchasing card. The training will cover the proper use and
restrictions of the purchasing card.
(2) Annual Training: Annual training will be provided at least once per
year. Annual training will be mandatory for all cardholders and all approving officials.
Cardholders missing the scheduled annual training will be given an opportunity to take
makeup training. Failure to accomplish mandatory annual training will result in loss of card
privileges. Approving Officials who miss the scheduled annual training will be given an
opportunity to makeup training. Failure to accomplish mandatory annual training will result
in loss of Approving Official authority and cardholder privileges for cardholders reporting to
that official.
PURCHASE CARD PROGRAM INTERNAL CONTROLS:
(1) The Finance Director will establish automated card restrictions as
allowed by the issuing bank's software. The Finance Director or designee will establish a
City account allowing access to the issuing Bank's database. This will allow the Card
Administrator to view cardholder information and statements online.
(2) The Finance Department will review each statement and supporting
documentation. The Finance Department will contact cardholders directly and attempt to
resolve any statement discrepancy found. If unable to resolve the issue with the
cardholder directly, the Finance Department will elevate the problem to the Department
Head for resolution.
(3) Any incident of improper unauthorized use of the card or non-
compliance to City policy shall be immediately reported to the Personnel Director and
employee Department Director.
PURCHASE TRANSACTION DOCUMENTATION:
All purchase transactions fall into one of two categories; face to face (i.e., over the
counter) or remote(i.e., telephone, internet or fax).
a) FACE-TO-FACE: The cardholder should get a receipt for any face-to-face
transaction. The receipt serves to document both the order and receipt of
goods/supplies.
b) REMOTE: The cardholder must document the order when it is placed. Items
purchased by telephone should be documented by keeping a log of orders (a
phone log). A log entry is not required if the order is documented some other way,
such as a fax back confirmation or a web page printout. When the goods are
received, the packing slip must be matched to the log (or confirmation) showing the
order.
PREPARING TRANSACTIONS FOR PAYMENT:
Transactions must be reviewed, substantiated, approved in the Online System and
transaction documentation submitted to Finance for payment within five days of receipt.
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a) REVIEW: The cardholder shall review the transaction for correctness. Ensure all
charges are legitimate and no sales tax was charged.
b) SUBSTANTIATE: Each transaction should be documented with a receipt. Provide
account numbers for each transaction in the City's system. Print documentation
from the City's system and attach to transaction receipts and submit to Finance.
c) APPROVE: The Approving Official (usually the cardholder's immediate supervisor)
or designee shall review each transaction and check all documentation. Any errors,
sales tax issues or questionable purchases must be resolved before submitting to
Finance. The Approving Official's review of transaction certifies all transactions as
legitimate expenditures of City funds.
d) MISSING DOCUMENTATION: The cardholder is responsible for providing required
documentation. If a receipt is lost, attempt to obtain a duplicate. If a duplicate
cannot be obtained, prepare a statement that includes all the information normally
found on the receipt and a brief explanation for the lost documentation. Continual
abuse may result in loss of the card and disciplinary action.
e) DISPUTED CHARGES: If the cardholder questions a charge on the statement, the
cardholder shall contact the vendor directly and attempt to reach resolution. If the
cardholder reaches an agreement with the vendor, there is no dispute. If the
vendor refuses to acknowledge the error or will not issue a credit, the cardholder
must fill out the issuing bank's "Purchase Card Disputed Charge Form" and send it
to the Finance Department. The bank will then adjudicate the disputed charge.
"DO NOT BUY LIST"
The following items may not be bought using the purchasing card. A requisition and
purchase order must be used.
• All computer software*
• Petroleum products(fuel, oil, etc.)**
• Telephone calls
• Cash advances
• Personal items (i.e., items for your own use)
"MIS IT will purchase any computer related equipment or equipment that interfaces with
City computers. Exception to using the Purchasing Card for computer related equipment
or software purchases are made by MIS to support operational requirements.
travel.. .- - - ---- -- - - - -- - - - - - - -- - -
SECTION XVII
VENDOR COMPLAINTS
AND DISPUTES (PROTESTS)
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PURPOSE: The City of Edgewater encourages prompt and fair handling of all complaints
and disputes with the business community. In an effort to resolve disputed matters in an
equitable manner, without fear of retribution on the part of the vendor, the following
procedures are adopted:
DEFINITION: A formal objection or disapproval issued by a vendor.
PROCEDURE: The Finance Director or his/her representative shall post a tabulation of
competitive sealed bids/quotes along with the intended award recommendations on the
City's bidding services website.
All awards under $10,000.00 will not be subject to protest. For awards of $10,000.00 or
greater, only rejected bidders or quoters who were the apparent lowest bidder/quoter and
the second apparent lowest bidder or quoter shall have standing to protest a rejection of
the bid, quote or contract award, respectively. All proposers responding to a RFP may
protest the proposal selection.
Pursuant to Florida Statutc:,Administrative Code, Chapter 120, any person allegedly
adversely affected by the decision or intended decision of award must file a written notice
of protest with the Finance Department within 72 hours after posting of the bid tabulation
or after receipt of notice by the City of intended award. The nature of protest must be
followed within 10 days of filing, by a formal written notice fully detailing all elements,
which promulgated the protest. This notice must be delivered to the Finance Director or
his/her representative and must contain the bid/quote/proposal number and the nature of
the complaint.
After notice is provided, the Finance Director will gather evidence and discern facts and
make a recommendation to the City Manager. The City Manager will present his
recommendations to the governing body that will make the final decision on the matter. All
decisions of the governing body are final.
Failure to observe any or all of the above procedures shall constitute a waiver of the right
to protest a contract award. In the event of a timely protest, the procurement shall be
halted unless the City determines award of a contract without delay is necessary to protect
the interests of the City. In the event an award is needed without delay, the City Manager's
findings shall constitute final administrative action.
SECTION XVIII
CAPITAL ASSET TRACKING
PURPOSE: Capital asset control entails tracking, compiling and maintaining an inventory
of capital assets to control losses due to negligence or theft, to provide a basis for
insurance claims and identify surpluses. Capital asset records are set up to comply with
Florida Statute 274.
DEFINITION: Capital assets are tangible items (e.g. land, buildings, building
improvements, vehicles, machinery, equipment and infrastructure) or intangible items (e.g.
easements, water rights) with original cost or value of $50,000.00 or more, with an
estimated useful life of at least one (1) year following the date of acquisition. Capitalization
49
thresholds are to be applied to individual items rather than groups of similar items (e.g.
desks and tables), unless the effect of doing so would be to eliminate a significant portion
of total capital assets.
PROCEDURES: The Finance Department will coordinate the maintenance of the City's
Capital Assets Database. Purchasing will provide copies of each purchase order that
contains a purchase of a Capital Asset to the appropriate Accounting personnel. The
ordering (receiving) Department must notify the Finance Department when an item is
received so proper identification may be affixed, and records can be updated. All Capital
Asset equipment is assigned a permanent City of Edgewater identification number, and is
physically tagged or otherwise marked by the Finance Department. Records are entered
and maintained for each item, and include the following information:
• Capital Asset Item Number
• Item Description
• Serial Number
• Make and Model
• Account Number
• Location and Custodian
• Payment Information: Vendor name, P.O. Number and Date of purchase
• Purchase Price
• Date of Last Inventory
The copy of the purchase order provides much of the above information. Additional
information is obtained upon physical tagging of the equipment and through
communication with the vendor and the Department. Finance is responsible for taking a
biennial Inventory of property in their custody. The Capital Asset Property Coordinator(s)
will distribute an inventory list to each Department biennially. This biennial inventory will
validate all items and any item unaccounted for will require a Missing, Lost or Stolen Form
to remove the item from inventory. The biennial inventory shall be compared with the
property record, and all discrepancies shall be traced and reconciled. The results of the
biennial inventory will be provided to the Finance Director in an executive summary
format.
SURPLUSING OF CAPITAL ASSETS: All capital assets that are obsolete, excess, or no
longer needed by the owning Department/ are to be reported to the Finance Department
for disposition. All items must be listed on a Request to Transfer/Declare Surplus form
and submitted to the Finance Department. The Finance Department is responsible for
approving the disposition of the capital assets. If the item is a transfer between
Departments, the Request to Transfer/Declare Surplus Form requires both the transferring
and receiving Department Director's signatures. The Capital Asset Coordinator will verify
ownership, description, and identification number of the equipment on the form and
approve the transfer or surplus of the item. Upon approval, a copy of the form will be
provided to Finance to update the computerized inventory. The Management Information
Services Division must approve the transfer of information technology equipment.
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DISPOSITION OF PROPERTY: Non-capital items such as broken chairs, tables,
calculators, desk accessories, books, tools, which are considered as "junk", may be
disposed of via the landfill or trash by the individual department(s). Capital Assets that
have identification numbers can be disposed of as follows:
1) Assets with no salvage value: Transfer/Declare Surplus form addressed to
the Finance Department, signed by the Department Director and containing
the identification number, description, condition and recommended disposal
method (i.e. landfill disposal) of each piece of equipment. Once approved,
the requesting Department must dispose of property locally.
2) Property with salvage value: Disposal must be in accordance with Florida
Statute 273, after the Department has screened to see if another
Department can use the Property.
3) The Finance Department will prepare the list of disposal equipment, which
will be part of the City Manager's report to ensure that the list is recorded in
the minutes of the City.
SECTION XIX
RECEIPT OF GOODS AND MATERIALS
PURPOSE: Receiving of goods and materials confirms that the products received meet
the purpose of procurement as intended.
DEFINITION: The business function that is responsible for verifying that the goods
received are the goods that the organization ordered. This involves inspecting and
accepting incoming shipments.
USER(ORDERING)AGENCY
The department is charged with the responsibility of inspecting all supplies to determine
quality, quantity and conformance with specifications and the purchase order.
The Finance Department shall have the authority to question, examine, or test the quality
of materials requested or received by the department.
PROCEDURE IN DEPARTMENTS
Upon receipt of materials and after inspecting and/or testing, the department shall receive
the item in the on-line system receipt-processing module. Any variation in quantity shall
be noted on the system. If the quantity does not agree with the supplier's delivery ticket,
the department shall notify the vendor of the discrepancy. If the materials delivered are
not in conformance with specifications and are not acceptable by the department, they
shall notify the vendor and file a complaint with the Finance Department by using the
evaluation form and citing the reasons for withholding acceptance.
The Finance Department will take immediate action to require replacement by the supplier
or otherwise take action to supply the department with the needed materials.
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SECTION XX
INVOICES
PURPOSE: An invoice provides evidence of the purchase of goods and services and
should include adequate detail to meet audit objectives.
DEFINITION: An invoice is a document that itemizes charges for the purchase of
supplies, materials, equipment or services that have been furnished. It is how the supplier
informs the City of its obligations and should contain the same basic information as the
purchase order.
WHAT AN INVOICE SHOULD CONTAIN
• Purchase order number
• Date of order(if possible)
• Date of delivery
• Terms of payment(2%- 10 days, Net 30 days, etc.)
• Itemized list of materials or services rendered
• Delivery destination
• Quantities, prices, (both unit and total), terms and any other charges contained in
the purchase order
• Delivery, freight charges, cartage and demurrage charges should be listed
separately from the materials and supplies.
• Invoices should be submitted to the Finance Department.
WHO RECEIVES INVOICES
The purchase order details the remittance address for submittal of invoices.
• The Finance Department shall match the invoice with the on-line receipt.
• The Finance Department, after checking and reviewing the invoice, will prepare a
voucher for payment.
All invoices are to be charged to the City of Edgewater and shall be forwarded to the
Finance Department. If received by the department, the original invoice must be
forwarded to the Finance Department after proper receiving has been accomplished on
the on-line system. The Finance Director or designee may grant certain exceptions as to
the requirement for payment without an original invoice. The City does not accept two
party invoices.
. e
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Defi-nitions
Minority Busine's Assistance Act of 1985"
management and daily operations arc controlled by such persons. A minority
A Black American a person having origins in any of the Black racial groups
in Africa.
A Hispanic American a person of Spanish or Portuguese culture, with
regardlcec of race.
•, An Asian American a person having origins in any of the original people of
the Far East, South ast Asia, the Indian Subcontinent, or the Pacific Island,
North America prior to 1835.
An American woman.
••1: - 1•- •• - -- .. ,... u s as . A --- --- -
include both personal and business investments.
City of Edgewater Selection Procedures
53
• The City shall make a good faith effort to effectively use services and resources of
• The City shall make a good faith effort to provide written notice to a r asonablo
number of minority business enterprises that their interest in contracting with the
City is being solicited in sufficient time to allow the minority business enterprises to
participate effectively.
SECTION XXII
VENDOR EVALUATION
PURPOSE: Vendor performance measurement is crucial to keeping good suppliers and
terminating business relations with poor suppliers.
DEFINITION: The Vendor Evaluation Form should be utilized to inform the Finance
Department of excellent service provision, including services performed beyond the
requirements or to report any difficulties due to poor service, poor performance, poor
quality, or materials not meeting specification requirements. This shall not be utilized as
an expediting tool.
HOW TO PREPARE
A properly prepared Vendor Compliment and Complaint Form must contain the following
information:
• Date
• Vendor name, address, and phone number
• Department and contact person
• Purchase order number
• Department Director signature
• Brief statement of exactly what level of service provided the vendor's performance
of the services, or what the problem is, and why the product or service is
unacceptable.
• All available documentation shall be attached
DISTRIBUTION
The Vendor Evaluation Form shall be forwarded to the Finance Department. Finance
Department will send a copy to the vendor for their response.
GENERAL INFORMATION
The department shall be notified as to the vendor's response and any action to be taken
by the Finance Department.
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SECTION XXII-
CONFLICTS OF INTEREST
PURPOSE: The City wishes to minimize conflicts of interests. Therefore, the following will
be adhered to:
• No official or employee of the City, or member of the City Council shall participate in
the selection or in the award or administration of a contract if a conflict of interest,
real or apparent, would be involved. Such a conflict would arise when:
• Any member of his or her immediate family,
• His or her business or personal partner, or
• An organization, which employs, or is about to employ, any of the above has a
financial or other interest in the firm selected or considered for award. No official or
employee of the City, or member of the City Council shall either solicit or accept
gratuities, favors, or anything of monetary value exceeding $25.00 from contractors,
potential contractors, or parties to sub-agreements.
Violations of these standards of conduct may result in disciplinary action as set forth in
Chapter 113, Part Ill, Florida Statutes Administrative Code provided that such disciplinary
action does not conflict with the jurisdiction of the State of Florida Commission on Ethics.
SECTION XXIII
PROCEDURES FOR FEDERALLY FUNDED PROJECTS
1. All federally funded proiects will be advertised a minimum of three weeks.
2. When establishing a contract time for all federally funded projects, the guidelines
established in Exhibit"A"shall be followed. Contract time extensions shall be subiect to
the concurrence of the FDOT Division Administrator and will be considered in determining
the amount of Federal participation. Contract time extensions submitted for approval to the
FDOT Division Administrator, shall be fully iustified and adequately documented.
3. Two engineering estimates(at 60%and 100%submittals)will be completed for each
project. Unit price cost for each item will be utilized (when possible)and will utilize local
contractor pricing. The 100%submittal will be certified by the responsible Professional
Engineer.
4. The City of Edgewater will comply with 23 CFR 635.413 as shown in Exhibit "B" on all
Federally funded projects. The warranty will begin the day after substantial completion is
awarded.
5. Federal guidelines will be followed for the fair, open and competitive selection of qualified
consultants (Professional Services) in accordance the Brooks Act, Section 40 USC 1101-
1104 as shown in Exhibit"C".
6. LAP Simplified Acquisition and Small Purchase Process shall be in accordance with the
LAP manual which outlines the current limits which indicate this process may be used if the
construction project is less than $325,000 and the total contract amount for the professional
service(s)is less than$150,000.
55
7. For federal-aid contracts, a small locality presence criterion of no more than 10 percent
may be used. This criterion cannot be based on political boundaries and should be used on
a protect-by-project basis for projects where a need has been established. If a firm
currently outside the locality criteria indicates as part of its proposal that it will satisfy the
criteria in some manner, such as establishing a local project office, it should be considered
to have met the locality criteria.The LAP Manual can be viewed by logging on to:
http://www.dot.state.fl.us/projectmanagementoffice/LAP/LAP TOC.shtm
8. There is no DBE/MBE preference for federally funded projects. While the use of DBE/MBE
consultants is encouraged, there should be not be any DBE/MBE preference selection
criteria in the selection process.
9. The LAP Manual specifically addresses that no fewer than three firms are to be shortlisted
to submit proposals.
10. In the event a bid is not read out loud, the name of the bidder and reason will publically
announced at the letting.
A- f Formatted:Justified
SECTION XXIIVV
PURCHASING POLICY ADOPTION
The Purchasing Policy shall be adopted by City resolution. The Finance Director and
Department Directors shall review the Policy annually and submit recommendations to the
City Manager for review and approval. If a change in the Policy is recommended for
approval by the City Manager, the Finance Director will prepare the necessary report to
Council.
Approved by the City Council of the
City of Edgewater at a meeting held
on the 2-43re day of Sept-ember
2012March 2014 under Agenda
Item_. Also on Octobcr 15, 2012,
City Council update Recolution to
Resolution NO.20124-R-4-903
56
EXHIBIT"A"
FLORIDA DEPARTMENT OF TRANSPORTATION
GUIDELINE FOR
ESTABLISHING CONSTRUCTION
CONTRACT DURATION
July 2010
DISCLAIMER:
The following documentation as a whole was derived from Federal Highway
Administration's Guide for Construction Contract Time Determination Procedures
(TA 5080.15 dated 10/15/02)
Purpose
To provide guidelines for determining contract time for construction projects.
Authority
Sections 334.044(2) and 337.18, Florida Statutes
Background
A. Contract time is the maximum time allowed in the contract for completion of all
work contained in the contract documents. Contract time often arises as an
issue when there is too much time or too little time given in the contract. If too
much time is allowed then the traveling public is being inconvenienced and the
contractor does not appear to be aggressively pursuing the work. There may be
a number of reasons for a project to appear dormant, such as weather
limitations, concrete curing times, materials arriving late, etc. However, all too
often the causes are traceable to excessive time originally established by the
scheduling engineer to complete the project or poor contractor scheduling of
construction operations. If not enough time is allowed then the contractor will
submit claims for added cost and time to the contract.
B. In many instances, the duration of highway construction projects is more critical
today than it was in the past. Several of the reasons are listed below:
1. There are an increasing number of resurfacing, restoration, and
rehabilitation type projects being constructed under traffic, resulting in an
increase in the exposure of construction workers and motorists.
2. Traffic volumes on most highways are significantly greater and are
continuing to increase, thereby creating a greater impact on the motoring
public in both safety considerations and cost.
3. Proper selection of contract time allows for optimization of construction
engineering costs and other resources.
C. In addressing the need for completing critical construction projects where it is
important to minimize traffic inconvenience and delay, many States have applied
non-traditional contracting methods such as Bonuses and Incentive/Disincentive
specifications for early completion.
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Elements in Determining Contract Time
A. The application of written procedures for determining contract time is important
so that production rates and other considerations are applied uniformly
throughout the State. This document should be used in conjunction with the
procedures in the Construction Project Administration Manual (CPAM),
Section 1,2 addresses how to classify projects based upon appropriate factors
such as high traffic volumes, projects with incentive/disincentive clauses, etc.
Experience and judgment should be used in the final determination for which
projects are critical. These procedures also address the importance of
geographical and weather differences throughout the State, which could affect
contractor productivity rates. The fact that some types of work can or cannot be
undertaken during certain times of the year should also be addressed. Where
applicable, the affect of working under traffic also needs to be considered such
as lane closure restrictions, holidays and special events.
B. The reasonableness of the contract time included in contracts is important. If
time is insufficient, bid prices may be higher and there may be an unusual
number of time overruns and contractor claims. Contractors should be provided
the ability to schedule work to maximize equipment and labor, and if contract
time is too short, these efficiencies are more difficult to obtain resulting in higher
prices. If the time allowed is excessive, there may be cost inefficiencies by both
the Department and the contractor. The public may be inconvenienced
unnecessarily and subjected to traveling on a roadway where safety is less than
desirable for an extended period of time. In establishing contract time, the
scheduling engineer should strive for the shortest practical traffic interruptions to
the road user. If the time set is such that all work on a project may be stopped
for an extended period (such as scheduled events) and the contractor can still
complete the project on schedule, it means the contract time allowed was
excessive.
C. For most projects the essential elements in determining contract time include: (1)
establishing production rates for each controlling item; (2) adopting production
rates to a particular project; (3) understanding potential factors such as business
closures, environmental constraints: and (4) computation of contract time with a
progress schedule.
Establishing Production Rates
A. A production rate is the quantity produced or constructed over a specified time
period. Estimating realistic production rates is important when determining
appropriate contract completion time. Production rates may vary considerably
depending on project size, geographic location, and rural or urban setting, even
for the same item of work. Production rate ranges should be established in the
State's written procedures based on project type (grading, structures, etc.), size,
and location for controlling items of work.
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B. In establishing production rates to be used for determining contract time, an
accurate database should be established by using normal historical rates of
efficient contractors. One method of establishing production rates is to divide the
total quantity of an item on previously completed projects by the number of
days/hours the contractor used to complete the item. Production rates based
upon eight-hour crew days or per piece of equipment are recommended.
Production rates developed by reviewing total quantities and total time are not
recommended as they may result in misleading rates which tend to be low since
they may include startup, cleanup, interruptions, etc.
C. The most accurate data will be obtained from site visits or review of project
records (i.e., field diaries and other construction documents) where the
contractor's progress is clearly documented based on work effort, including work
crew make up, during a particular time frame. A data file based on three to five
years of historical data (time, weather, production rates, etc.) should be
maintained.
D. The production rates used should be based on the desired level of resource
commitment (labor, equipment, etc.) deemed practical given the physical
limitations of the project. Representatives of the construction industry are also
usually willing to assist in developing rates and time schedules. Rates should be
updated regularly to assure they accurately represent the statistical average rate
of production in the area.
E. Some jurisdictions apply production rate data taken from some of the published
rate guides. This data may be useful as guidance; however, the relationship of
these production rates to actual highway construction projects may be difficult to
correlate.
OTHER FACTORS WHICH INFLUENCE CONTRACT TIME
A. In addition to production rates, the following items should be considered when
determining contract time:
1. Effects of maintenance of traffic requirements on scheduling and the
sequence of operations;
2. Curing time and waiting periods between successive paving courses or
between concrete placement operations, as well as specified embankment
settlement periods;
3. Seasonal limitations for certain items when determining both the number
of days the contractor will be able to work as well as production rates;
4. Conflicting operations of adjacent projects, both public and private;
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5. Time for reviewing false-work plans, shop drawings, post-tensioning plans,
mix designs, etc.;
6. Time for fabrication of structural steel and other specialty items;
7. Coordination with utilities;
8. Time to obtain necessary permits;
9. The effect of permitting conditions and/or restrictions;
10. Restrictions for nighttime and weekend operations;
11. Time of the year of the letting as well as duration of the project;
12. Additional time for obtaining specialty items or materials with long-lead
requirements;
13. Other pertinent items as determined by the Scheduling Engineer.
In setting contract time it is recommended that the time is based on production rates per
hour or per day on a working day basis, a conversion factor of 1.4 should be used and
non work days should not be programmed into the scheduling software. If non-working
days are calculated into the schedule such as holidays, keep in mind when granting day
for day time.
Adapting Production Rates to a Particular Project
A. Before time durations for individual work items can be computed, certain project
specific information should be determined and some management decisions
made. The relative urgency for the completion of a proposed project should be
determined. The traffic volumes affected as well as the effect of detours should
be analyzed. The size and location of the project should be reviewed, in addition
to the effects of staging, working double shifts, nighttime operations, and
restrictions on closing lanes. The availability of material for controlling items of
work should be investigated. For example, it might be appropriate to consider
the need for multiple crews on a specific item to expedite the completion when
there are exceptionally large quantities or when there is a large impact on traffic.
B. Procedures to accelerate project completion should be considered when
construction will affect traffic substantially or when project completion is crucial.
This is especially important in urban areas with high traffic volumes. When
accelerating contract time for time sensitive projects, production rates should be
based on an efficient contractor working more than eight hours per day, more
than five days per week and possibly with additional workers. The development
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and application of a separate set of production rates for critical projects is
recommended.
Computation of Contract Time - Develop a Progress Schedule
A. The contract time for most construction projects can be determined by
developing a progress schedule. A progress schedule shows the production
durations associated with the chosen production rates for the items of work. The
time to complete each controlling item of work included in the progress schedule
is computed based on the production rates applicable to that project. Items
should be arranged by chronological sequence of construction operations. Minor
items that may be performed concurrently should be shown as parallel activities.
B. In determining a progress schedule it should be remembered that the start and
end dates for each controlling item need to be based on the earliest date for
which work on that item will begin and how long it will take to complete. The
earliest start date for each activity will be determined by the completion of
preceding activities, and should allow for the fact that some activities can begin
before the preceding activity is entirely completed. Additional time should be
also allowed in the contract for initial mobilization.
Contract Time Determination Techniques
Contract time determination techniques generally fall into the categories of bar charts
and critical path techniques. These techniques are described below:
A. Bar Charts
1. Bar charts or Gantt charts are graphical representations of projects with
specific completion dates and activities. Bars or lines are drawn
proportional to the planned duration of each activity.
2. A brief description of the procedure used to develop a bar chart to
determine contract time is as follows:
a. The first step in developing a bar chart is to break a project down
into separate activities or operations necessary for project
completion.
b. Once all the activities necessary to complete a project have been
listed, the duration and completion date of each activity needs to be
determined based on production rates.
c. With this data established, the bar chart can be prepared. A line or
bar is drawn on the chart showing the time when work will be
performed for each activity. The resulting diagram will represent a
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project, showing when each activity will be undertaken and
completed.
d. With bar charts, the progress of a project may be monitored for
each activity by drawing a bar or line below the original scheduled
performance to show the actual duration for each activity as it is
completed.
3. Bar charts are advantageous in that they are simple to develop and easy
to understand, and they offer a good method of determining contract time.
Some disadvantages are that they do not show the interrelationship and
inter-dependency among the various phases of work. Bar charts are
difficult to properly evaluate when construction changes occur. Also,
controlling items are shown in the same manner as minor items, thus
making it more difficult to determine which items actually control the
overall time progress of the project. The use of bar charts are not
recommended for contract administration and project management of
large or complex construction projects.
C. Critical Path Method (CPM)
The Critical Path Method (CPM) focuses on the relationship of the critical
activities, specifically, those which must be completed before other activities are
started. Working from the project's beginning and defining individual project
tasks and the number of days to perform each task, a logical diagrammatic
representation of the project is developed. A CPM depicts which tasks of a
project will change the completion date if they are not completed on time. The
evaluation of critical tasks allows for the determination of the time to complete
projects. Because of the size and complexity of most projects, this method is
most often applied using a computer software program. Within the CPM
software, the ability to use a Program Evaluation Review Technique (PERT)
provides a breakdown of each activity to boxes. This enables the user to view
the connection of relationships to each activity. CPM software also has the
ability to display the contract time in a bar chart view as well.
1. The first step in applying the CPM method is to break a project down into
separate tasks or operations necessary for project completion. Each of
these separate operations or processes is called an activity. The
completion of an activity is called an event.
2. Once all the activities necessary to complete a project have been listed,
the relationship of these activities to one another needs to be determined.
In some instances, several activities can be undertaken concurrently, and
at other times, certain activities cannot be undertaken until others have
been completed. Generally, when determining the sequence of
operations, some questions need to be asked such as: "What needs to be
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done before proceeding with this activity" or "what can be done
concurrently?" Every activity has a definite event to mark its relationship
with others with respect to completing a task.
3. In working with this procedure, a diagrammatic representation of the
project is developed showing the correct sequence and relationship of
activities and events. Each activity is shown as an arrow leading to a
node, which indicates the completion of an event or the passage of time.
The start of all activities leaving a node depends on the completion of all
activities entering a node. Therefore, the event represented by any node
is not achieved until all activities leading to the node have been
completed. The resulting diagram will be a schematic representation of a
project, showing all the relevant activities and events in correct sequence.
4. An actual time can be set to each activity based on production rates and
other appropriate factors. The time to complete each activity is then
shown on each arrow to indicate the duration. The "early start" for each
activity is the earliest point in time that an activity can start, provided that
all activities before it have finished. This is not necessarily the point in
time that it will start; however, it is the earliest time that it can start. The
"early finish" for an activity is merely the duration of the activity after its
early start. As is the case with the "early start," this is not necessarily the
point in time that the work represented by the activity will be over, but is
the earliest point in time that it can occur. A "finish" date in CPM is the
first day after the physical completion of the activity. The completion time
of a project is the sum of the longest time path leading to completion of the
project.
5. The optimum time and cost for performing the project can be evaluated by
assigning resources i.e. equipment, labor hours, and materials to each
activity. The diagrammatic representation of the project then provides a
means to evaluate the costs incurred with respect to the completion of
specified activities.
6. Advantages of using the CPM include:
• It is an accurate technique for determining contract time and
verifying that the project can be constructed as designed and with
identified construction sequences;
• It is a useful tool for project managers in monitoring a project,
especially when dealing with relationships of work items with
respect to time; and
• Activities responsible for delays can be identified and corrective
measures to keep a project on schedule can be determined.
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7. Disadvantages of using the CPM include:
• The CPM requires experienced and knowledgeable staff to be used
effectively;
• They require regular updates to assure that the contractor's
operation is accurately represented.
Other Project Considerations
Construction time on certain projects such as lighting or signalization may be governed
by the long lead-time necessary to obtain materials. To minimize traffic disruption, the
contract may specify a completion date several months after the notice to proceed, but
the contractor should be limited to a relatively short on-site time. This may be
accomplished by including in the contract a "conditional notice to proceed" clause which
would allow a specified amount of time to purchase and assemble materials followed by
issuance of a full work order which would be issued upon expiration of the assembly
period or sooner, upon the contractor's request.
Delayed or flexible notice-to-proceed dates may be appropriate for certain projects
where the ultimate completion date is not critical. The contracting agency may wish to
provide a notice-to-proceed window in order to increase the probability of a competitive
bid where only a limited number of contractors are available to perform the work. Such
projects may include:
• Projects that consist of specialized work (seal coats, highway planting,
pavement grooving or bridge painting) where a large number of these
projects are being advertised within a short time period;
• Projects with a very limited number of working days;
• Building projects.
This allows the contractor to schedule this contract with consideration of other work
he/she may have in the same paving season. Net benefits include lower project
inspection cost and a minimal disruption to traffic.
An option that may be applicable to some projects is dividing a project into phases with
each phase having its own completion date. This may be applicable when coordinating
with other projects or activities in the area in order to meet tight deadlines.
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BASIS OF PRODUCTION RATES:
The production rates shown are divided into 3 categories: low, average and high. The
low rate is typically used on projects where there are large numbers of intersections,
driveways, high congested traffic and a large number of existing utilities which may
interfere with the proposed construction. The average rate is typically used in projects
where there are minimum existing utilities, low to medium traffic volume/congestion with
minimal intersections and driveways. The high rate is typically used on rural and
limited access facilities.
SCOPE OF WORK DEFINITIONS:
R.O.W. Preparation:
Clearing and grubbing (Acres): The removal of top soil, trees, minor physical objects
and other vegetation from the construction site using mechanical equipment.
Excavation (C.Y.): The removal and transporting of in situ soils on the construction site
using mechanical equipment.
Embankment (C.Y.): The placing and compaction of soil on the construction site using
mechanical equipment.
Drainage Structures/Storm Sewers:
Storm Sewers (L.F.): The excavation, installation, and backfilling of drainage or sewer
pipes including structures.
Box Culverts (C.Y.): The excavation, forming, reinforcing, pouring, finishing, stripping,
and backfilling of cast in place concrete box culverts on the construction site. If using
pre-cast units, then the units should be changed to L.F. and appropriate production
rates substituted.
Inlets & manholes (Each): The installation of pre-manufactured inlets manholes for
drainage or sewer systems. Time is included in Pipe.
Bridge Structures:
(Note: The production rates on several items appear low since they must include time
for the total scope of activities necessary to complete an item.)
Cofferdams (S.Y.): The installation, dewatering and minor excavation associated with
building a cofferdam system for a bridge construction site.
Sheet Piling (S.F.): The installation of sheeting for retaining walls and deep
excavations. Do not add to cofferdams.
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Piling (L.F.): The installation of piling for bridge foundations.
Footings (C.Y.): The layout, forming, reinforcing, placing, curing and removing forms for
reinforced concrete bridge footings.
Columns, Caps & Bents (C.Y.): The layout, forming, reinforcing, placing, curing and
removing forms for reinforced concrete bridge columns, caps and bents.
Wingwalls (S.Y.): The layout, forming, reinforcing, placing, curing and removing forms
for reinforced concrete wingwalls for bridges.
Bridge deck (total depth)(C.Y.): The layout, forming, reinforcing, placing, curing and
removing forms for reinforced concrete bridge decks. The production rates have been
set to include time for all components of the deck, including precast plank under slab,
thus the full depth of the deck is used to calculate quantity.
Bridge curbs/walks (L.F.): The layout, forming, reinforcing, placing, curing and
removing forms for reinforced concrete bridge curbs and walkways.
Bridge handrails (L.F.): The layout, forming, reinforcing, placing, curing and removing
forms for cast in place reinforced concrete bridge handrails.
Retaining walls (S.F.): The layout, excavation, forming, reinforcing, placing, curing and
removing forms for cast in place reinforced concrete retaining walls. The time for
precast proprietary wall systems in included in embankment.
Base Preparations:
Stabilized Roadbed (S.Y.): The placement, mixing and compaction operations involved
in the stabilization of subgrade soils.
Base material (S.Y.): The placement, mixing and compaction of flexible base material.
Hot mix asphalt base (Ton): The laydown and compaction of hot mix asphalt concrete
base course material. The production rates are taken from the graph for plant mix.
Curb and gutter (L.F.): The layout and construction of new roadway curb and gutter
using automated equipment or forms and hand finish.
Concrete pavement repair (S.Y.): The removal and replacement of sections of
unsatisfactory or failed Portland cement concrete pavement.
Milling/planning (S.Y.): The removal of the surface level of existing pavements using
automated milling or planning equipment.
11 of 13
Plant mixed surfaces (Ton): The laydown and compaction of hot mix asphalt concrete
surface course material. The production rate is taken from the graph for Plant Mix.
Asphalt Friction Course (1 course) (Ton): The laydown and compaction of asphalt
concrete friction course material.
Cement Concrete paving (Rebar + curing) (S.Y.): The layout, reinforcing, placing,
curing and jointing of Portland cement concrete pavement.
Precast traffic barriers (L.F.): The layout and installation of precast concrete traffic
barriers. If barriers are to be cast in place, then the units should be changed to C.Y.
and the production rates adjusted accordingly.
Permanent Signing and Traffic Signals:
Small Signs (Each): The installation of small highway information and warning signs
mounted on metal posts driven into soil along a highway.
Overhead signs (Each): The installation of large highway information and directional
signs mounted on metal frames over a highway. It is assumed that the footings and
poles that support
The frames are already in place.
Major traffic signals (Each): The installation of automated traffic signals and their
support systems at highway intersections.
Pavement markings (L.F.): The application of paint or thermoplastic pavement marking
materials to a highway pavement.
Raised Pavement Markers (RPM) (Ea.): The application of adhesive and raise
pavement markers.
Seeding (S.Y.): The seeding of grasses, application of fertilizer and mulch, and cutting
into soil.
Final clean-up (Sta.): The removal of debris, dirt and other construction materials from
a highway pavement and adjacent right of way at the end of a construction project. The
time for this activity is included in "General Time".
Structure demolition (WKDAYS): The demolition and removal of the materials for large
structures (multi-story buildings, retaining walls, towers underground tanks, etc.) from
the right of way of new construction projects.
Remove old structures (small) (WKDAYS): The demolition and removal of the materials
for small structures (Single-story wood buildings, storage sheds, fences, road signs,
12 of 13
etc.) from the right of way of new construction projects. Time for this is included in
clearing and Grubbing.
Bridge demolition (WKDAYS): The demolition and removal of all materials for an
existing bridge structure and related appurtenances (approaches, gates, signals, etc.).
Erect temporary bridge (WKDAYS): The layout and construction of a temporary bridge
structure and related appurtenances for a highway construction project.
Remove temporary bridges (WKDAYS): The demolition and removal of all materials for
a temporary bridges structure and related appurtenances for a highway construction
project.
PRODUCTION RATES
The following Excel spreadsheet link is a compilation of statewide rates ranging from
low to high. Although this list is extensive, it may not include a production rate relevant
to a particular project. Other sources may need to be perused to achieve the required
rates for a particular scope of work within that contract.
Production Rates (Statewide)
13 of 13
EXHIBIT"B"
AUTHENTICATED
U.5.GOVERNMENT
INFORMATION
GPO
§635.413 23 CFR Ch. 1 (4-1-10 Edition)
(c) A State transportation depart- will apply instead of paragraphs (a)
ment may require a specific material through(d)of this section.
or product when there are other ac- (1)General project warranties may be
ceptable materials and products, when used on NHS projects,provided:
such specific choice is approved by the (i) The term of the warranty is short
Division Administrator as being in the (generally one to two years); however,
public interest. When the Division Ad- projects developed under a public-pri-
ministrator's approval is not obtained, vate agreement may include warran-
the item will be nonparticipating un- ties that are appropriate for the term
less bidding procedures are used that of the contract or agreement.
establish the unit price of each accept-
able alternative. In this case Federal- (ii) The warranty is not the sole
aid participation will be based on the means of acceptance;
lowest price so established. (iii) The warranty must not include
(d)Reference in specifications and on items of routine maintenance which
plans to single trade name materials are not eligible for Federal participa-
will not be approved on Federal-aid tion; and,
contracts. (iv) The warranty may include the
(e) In the case of a design-build quality of workmanship, materials and
project, the following requirements other specific tasks identified in the
apply: Federal funds shall not partici- contract.
pate, directly or indirectly,in payment (2) Performance warranties for spe-
for any premium or royalty on any pat- cific products on NHS projects may be
ented or proprietary material, speci- used at the STD's discretion. If per-
fication, or process specifically set formance warranties are used, detailed
forth in the Request for Proposals doc- performance criteria must be provided
ument unless the conditions of para- in the Request for Proposal document.
graph(a) of this section are applicable. (3) The STD may follow its own pro-
[41 FR 36204, Aug. 27, 1976, as amended at 67 cedures regarding the inclusion of war-
FR 75926, Dec. 10, 2002; 71 FR 66454, Nov. 15, ranty provisions on non-NHS Federal-
2006] aid design-build contracts.
§635.413 Guaranty and warranty (4) For best value selections, the STD
clauses. may allow proposers to submit alter-
The STD may include warranty pro- nate warranty proposals that improve
visions in National Highway System upon the warranty terms in the RFP
(NHS) construction contracts in ac- document. Such alternate warranty
cordance with the following: proposals must be in addition to the
(a)Warranty provisions shall be for a base proposal that responds to the RFP
specific construction product or fea- requirements.
ture. Items of maintenance not eligible [60 FR 44274, Aug. 25, 1995, as amended at 67
for Federal participation shall not be FR 75926, Dec. 10, 2002; 72 FR 45336, Aug. 14,
covered. 2007]
(b) All warranty requirements and
subsequent revisions shall be sub- §635.417 Convict produced materials.
mitted to the Division Administrator (a) Materials produced after July 1,
for advance approval. 1991, by convict labor may only be in-
(c) No warranty requirement shall be corporated in a Federal-aid highway
approved which, in the judgment of the construction project if such materials
Division Administrator, may place an
undue obligation on the contractor for have been:
items over which the contractor has no (1) Produced by convicts who are on
control. parole, supervised release, or probation
(d) A STD may follow its own proce- from a prison or
dures regarding the inclusion of war- (2) Produced in a qualified prison fa-
ranty provisions in non-NHS Federal- cility and the cumulative annual pro-
aid contracts. duction amount of such materials for
(e) In the case of a design-build use in Federal-aid highway construe-
project, the following requirements tion does not exceed the amount of
206
EXHIBIT"C"
United States Code (U.S.C.) Title 40 -Public Buildings, Property and Works
Chapter 11, Section 1101- 1104:Selection of Architects and Engineers
§1101.Policy(Formerly 40 U.S.C.§541)
The policy fof the Federal Government]is to publicly announce all requirements for architectural and
engineering services and to negotiate contracts for architectural and engineering services on the basis of
demonstrated competence and qualification for the type of professional services required and at fair and
reasonable prices.
§1102.Definitions(Formerly 40 U.S.C.§542)
In this chapter,the following definitions apply:
1. Agency head.--The term"agency head"means the head of a department,agency,or bureau f of
the Federal Government].
2. Architectural and engineering services.--The term"architectural and engineering services"
means--
A professional services of an architectural or engineering nature,as defined by state law,if
applicable,that are required to be performed or approved by a person licensed,registered,or certified to
provide the services described in this paragraph
B. professional services of an architectural or engineering nature performed by contract that
are associated with research,planning,development,design,construction,alteration,or repair of real
property;and
C other professional services of an architectural or engineering nature,or incidental services,
which members of the architectural and engineering professions(and individuals in their employ)may
logically or justifiably perform,including studies,investigations,surveying and mapping,tests,evaluations,
consultations,comprehensive planning,program management,conceptual designs,plans and
specifications,value engineering,construction phase services,soils engineering,drawing reviews,
preparation of operating and maintenance manuals,and other related services.
3. Firm.--The term"firm"means an individual,firm,partnership,corporation,association,or other
legal entity permitted by law to practice the profession of architecture or engineering.
§1103.Selection procedure(Formerly 40 U.S.C.§543)
a. In general.--These procedures apply to the procurement of architectural and engineering services
by an agency head.
b. Annual statements.--The agency head shall encourage firms to submit annually a statement of
qualifications and performance data.
c. Evaluation.--For each proposed project,the agency head shall evaluate current statements of
qualifications and performance data on file with the agency,together with statements submitted by other
firms regarding the proposed proiect.The agency head shall conduct discussions with at least 3 firms to
consider anticipated concepts and compare alternative methods for furnishing services.
d. Selection.--From the firms with which discussions have been conducted,the agency head shall
select,in order of preference,at least 3 firms that the agency head considers most highly qualified to provide
the services required.Selection shall be based on criteria established and published by the agency head.
§1104.Negotiation of contract(Formerly 40 U.S.C.§544)
a. In general.--The agency head shall negotiate a contract for architectural and engineering services
at compensation which the agency head determines is fair and reasonable to the Federal Government.In
determining fair and reasonable compensation,the agency head shall consider the scope,complexity,
professional nature,and estimated value of the services to be rendered.
h. Order of negotiation.--The agency head shall attempt to negotiate a contract,as provided in
subsection(a),with the most highly qualified firm selected under section 1103 of this title.If the agency head
is unable to negotiate a satisfactory contract with the firm,the agency head shall formally terminate
negotiations and then undertake negotiations with the next most qualified of the selected firms,continuing
the process until an agreement is reached.If the agency head is unable to negotiate a satisfactory contract
with any of the selected firms,the agency head shall select additional firms in order of their competence and
qualification and continue negotiations in accordance with this section until an agreement is reached.
AGENDA REQUEST
Date: February 12, 2014
PUBLIC
HEARING March 3, 2014 RESOLUTION March 3, 2014 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
Resolution 2014-R-04 Investment Policy revision to update existing policy dated April 7, 2008
BACKGROUND:
The City currently has an investment policy, which was drafted by City Staff and approved by the City Council in
April 2008. The major change is in the authorized investments and portfolio composition. In addition, language
was added regarding the following: Requirements for Competitive Bid, Investment ratings and Third Party
Custodial agreements. There has been no change in the requirement for the Finance Director and staff members
who deal with investments to complete eight hours of continuing professional education in investment practices
and products annually. The investment policy places the highest investment priority on the safety, liquidity and
yield.
STAFF RECOMMENDATION:
Staff recommends City Council approve Resolution No. 2014-R-04 herein referred to as the Investment
Policy.
ACTION REQUESTED:
Motion to approve Resolution No. 2014-R-04 Investment Policy, which complies with Florida Statutes.
FINANCIAL IMPACT:
(FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfull ubmitted, Concurrence:
�1
Jo than C. McKinney Robin Matusick
Finance Director Paralegal
(raceYlow
ity M ager
RESOLUTION NO. 2014-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, UPDATING THE CITY OF
EDGEWATER'S INVESTMENT POLICY; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the City Charter, the City Manager has the responsibility for
managing an investment program for the City;
WHEREAS, the City Manager requests that City Council update the existing Investment
Policy that the City of Edgewater approved during the Council meeting held on April 7, 2008
pursuant to the adoption of Resolution#2008-R-03.
WHEREAS, in an effort to be consistent with current laws and policies, City Council
wishes for the City of Edgewater to update/modify the existing City of Edgewater Investment
Policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1. The City Council hereby updates/modifies the City of Edgewater
Investment Policy and all investments as provided for therein shall be invested in accordance
with said policy, a copy of which is attached and incorporated herein as Exhibit"A".
Section 2. All conflicting purchasing policies are superseded by this policy.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
(Resolution/#2014-R-04)
Section 4. This resolution shall take effect upon adoption.
After motion by and second by , the vote on
this resolution was as follows:
AYE NAY
Mayor Michael Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
PASSED AND DULY ADOPTED this 3rd day of March, 2014.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie A. Wenzel Michael Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
pp
Edgewater, Florida. Approved as to form Edgewater during the meeting held on the
g
and legality by: Aaron R. Wolfe,� Esquire 3rd day of March, 2014 under Agenda Item
City Attorney
Y
Doran, Sims,Wolfe&Kundid
(Resolution/#20 1 4-R-03)
EXHIBIT "A"
(Resolution/#2014-R-04)
Investment Policy
City of Edgewater, Florida
City of
111L-F-T)GEWATE,�
Dated
February 12, 2014
City of Edgewater 2014
Table of Contents
Page
I. PURPOSE 3
II. SCOPE 3
III. INVESTMENT OBJECTIVES 3
IV. DELEGATION OF AUTHORITY 4
V. STANDARDS OF PRUDENCE 4
VI. ETHICS AND CONFLICTS OF INTEREST 4
VII. INTERNAL CONTROLS AND INVESTMENT PROCEDURES 4
VIII. CONTINUING EDUCATION 5
IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS 5
X. MATURITY AND LIQUIDITY REQUIREMENTS 5
XI. COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS 5
XII. AUTHORIZED INVESTMENTS AND PORTFOLIO COMPOSTION 6
XIII. DERIVATIVES AND REVERSE REPURCHASE AGREEMENTS 13
XIV. PERFORMANCE MEASUREMENTS 13
XV. REPORTING 13
XVI. THIRD PARTY CUSTODIAL AGREEMENTS 14
XVII. INVESTMENT COMMITTEE 14
XVIII. INTERNAL LOAN PROGRAM 15
XIX. INVESTMENT POLICY ADOPTION 15
City of Edgewater Page 2 of 16
Investment Policy
of the
City of Edgewater,Florida
PURPOSE
The purpose of this Investment Policy(hereinafter"Policy") is to set forth the investment objectives
and parameters for the management of the funds of the City of Edgewater, (hereinafter"City"). This
Policy is designed to ensure the prudent management of public funds, the availability of operating
and capital funds when needed, and an investment return competitive with comparable funds and
financial market indices.
II. SCOPE
In accordance with Section 218.415, Florida Statues,this Policy applies to all cash and investments
held or controlled by the City and shall be identified as"general operating funds"of the City with the
exceptions of the City's Pension Funds and funds related to the issuance of debt where there are
other existing policies or indentures in effect for such funds. Additionally, any future revenues,
which have statutory investment requirements conflicting with this Policy and funds held by state
agencies(e.g.Department of Revenue),are not subject to the provisions of this Policy.
III. INVESTMENT OBJECTIVES
Safety of Principal
The foremost objective of this investment program is the safety of the principal of those funds within
the portfolios. Investment transactions shall seek to keep capital losses at a minimum,whether they
are from securities defaults or erosion of market value. To attain this objective, diversification is
required in order that potential losses on individual securities do not exceed the income generated
from the remainder of the portfolio.
From time to time,securities may be traded for other similar securities to improve yield, maturity or
credit risk. For these transactions, a loss may be incurred for accounting purposes to achieve
optimal investment return, provided any of the following occurs with respect to the replacement
security:
A.The yield has been increased,or
B.The maturity has been reduced or lengthened,or
C.The quality of the investment has been improved.
Maintenance of Liquidity
The portfolios shall be managed in such a manner that funds are available to meet reasonably
anticipated cash flow requirements in an orderly manner. Periodical cash flow analyses will be
completed to ensure that the portfolios are positioned to provide sufficient liquidity.
Return on Investment
Investment portfolios shall be designed with the objective of attaining a market rate of return
throughout budgetary and economic cycles,taking into account the investment risk constraints and
liquidity needs. Return on investment is of least importance compared to the safety and liquidity
objectives described above. The core of investments is limited to relatively low risk securities in
anticipation of earning a fair return relative to the risk being assumed.
City of Edgewater Page 3 of 16
IV. DELEGATION OF AUTHORITY
In accordance with the City's Charter, the responsibility for providing oversight and direction in
regard to the management of the investment program resides with the City's Manager.
Responsibility for the administration of the investment program is hereby delegated by the City
Manager to the Finance Director, who shall maintain an Investment Procedures and Internal
Controls Manual based on this Policy. The Finance Director shall be responsible for monitoring
internal controls, administrative controls and to regulate the activities of the City's staff involved with
the investment program. The City may employ an Investment Manager to assist in managing some
of the City's portfolios. Such Investment Manager must be registered under the Investment
Advisors Act of 1940.
V. STANDARDS OF PRUDENCE
The standard of prudence to be used by investment officials shall be the"Prudent Person"standard
and shall be applied in the context of managing the overall investment program. Investment officers
acting in accordance with written procedures and this investment Policy and exercising due
diligence shall be relieved of personal responsibility for an individual security's credit risk or market
price changes, provided deviations from expectation are reported to the City Council in a timely
fashion and the liquidity and the sale of securities are carried out in accordance with the terms of
this Policy. The"Prudent Person"rule states the following:
Investments shall be made with judgment and care, under circumstances then
prevailing,which persons of prudence,discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income to
be derived from the investment.
While the standard of prudence to be used by investment officials who are officers or employees is
the "Prudent Person" standard, any person or firm hired or retained to invest, monitor, or advise
concerning these assets shall be held to the higher standard of"Prudent Expert". The standard
shall be that in investing and reinvesting moneys and in acquiring, retaining, managing, and
disposing of investments of these funds, the contractor shall exercise: the judgment, care, skill,
prudence, and diligence under the circumstances then prevailing, which persons of prudence,
discretion, and intelligence, acting in a like capacity and familiar with such matters would use in the
conduct of an enterprise of like character and with like aims by diversifying the investments of the
funds,so as to minimize the risk,considering the probable income as well as the probable safety of
their capital.
VI. ETHICS AND CONFLICTS OF INTEREST
Employees involved in the investment process shall refrain from personal business activity that
could conflict with proper execution of the investment program, or which could impair their ability to
impartial investment decisions. Also, employees involved in the investment shall disclose to the
Investment Committee any material financial interests in financial institutions that conduct business
with the City,and they shall further disclose any material personal financial/investment positions that
could be related to the performance of the City's investment program
VII. INTERNAL CONTROLS AND INVESTMENT PROCEDURES
The Finance Director shall establish a system of internal controls and operational procedures that
are in writing and made a part of the City's operational procedures. The internal controls should be
designed to prevent losses of funds, which might arise from fraud, employee error, and
misrepresentation by third parties, or imprudent actions by employees. The written procedures
should include reference to safekeeping, repurchase agreements, separation of transaction
authority from accounting and record keeping,wire transfer agreements, banking service contracts,
City of Edgewater Page 4 of 16
collateral/depository agreements,and"delivery vs.payment"procedures. No person may engage in
an investment transaction except as authorized under the terms of this Policy. These procedures
are intended to reduce the relatively low risk that material losses may occur and not be detected
within a timely period by employees in the normal course of performing their assigned functions.
Independent auditors as a normal part of the annual financial audit to the City shall conduct a review
of the system of internal controls to ensure compliance with policies and procedures.
VIII. CONTINUING EDUCATION
The Finance Director management designee and/or appropriate staff shall annually complete 8 ours
of continuing education in subjects or courses of study related to investment practices and products.
IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS
Authorized City staff Advisors shall only purchase securities from financial institutions, which are
Qualified and Investment Institutions by the City or institutions designated as "Primary Securities
Dealers"by the Federal Reserve Bank of New York. Authorized City staff and Investment Advisors
shall only enter into repurchase agreements with financial institutions that are Qualified Institutions
and Primary Securities Dealers as designated by the Federal Reserve Bank of New York. The
Finance Director, management designee and/or the Investment Advisors shall maintain a list of
financial institutions and broker/dealers that are approved for investment purposes and only firms
meeting the following will be eligible requirements to that qualify serve as Qualified Institutions:
1) Regional dealers capital rule 2 under Securities and Exchange Commission
Rule15C3-1 (uniform net capital rule);
2) Capital of no less than$10,000,000;
3) Registered as a dealer under the Securities ExchangeActof1934;
4) Member of the National Association of Dealers(NASD)
5) Registered to sell securities in Florida;and
6) The firm and assigned broker have been engaged in the business of effecting
transactions in U.S government and agency obligations for at least five(5)
consecutive years.
All brokers, dealers and other financial institutions deemed to be Qualified Institutions shall be
provided with current copies of the City's Investment Policy. A current audited financial statement is
required to be on file for each financial institution and broker/dealer with which the City transacts
business.
X. MATURITY AND LIQUIDITY REQUIREMENTS
To the extent possible an attempt will be made to match investment maturities with known cash
needs and anticipated cash flow requirements. Investments of current operating funds shall have
maturities of no longer than twenty-four(24)months.
Investments of bond reserves,construction funds,and other non-operating funds("core funds")shall
have a term appropriate to the need for funds and in accordance with debt covenants, but in no
event shall exceed five(5)years.
XI. COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS
After the Finance Director, management designee or the Investment Advisor has determined the
approximate maturity date based on cash flow needs and market conditions and has analyzed and
selected one or more optimal types of investments, a minimum of three (3) Qualified Institutions
and/or Primary Dealers must be contacted and asked to provide bids/offers on securities in question
,for investments over$1,500.000. Investments under$1.500,000 only one (1)Qualified Institutution {Formatted:Underline,Font color:Red
City of Edgewater Page 5 of 16
and/or Primary Dealer must be contacted and asked to provide a bid/offer on a security. Bids will be
held in confidence until the bid deemed to best meet the investment objectives is determined and
selected.
However, if obtaining bids/offers are not feasible and appropriate, securities may be purchased
utilizing the comparison to current market price method on an exception basis. Acceptable current
market price providers include,but are not limited to:
A. Telerate Information System
B. Bloomberg Information
C. Wall Street Journal or a comparable nationally recognized financial publication providing
daily market pricing
D. Daily market pricing provided by the City's custodian their correspondent institutions.
The Finance Director or the Investment Advisor shall utilize the competitive bid process to select the
securities to be purchased or cold. Selection by comparison to a current market price, as indicated
above, shall only be utilized when, in judgment of the Finance Director or the Investment Advisor,
competitive bidding would inhibit the selection process.
Examples of when this method may be used include:
A. When time constraints due to unusual circumstances preclude the use of the competitive
bidding process
B. When no active market exists for the issue being traded due to the age or depth of the issue
C. When a security is unique to a single dealer,for example,a private placement
D. When the transaction involves new issues or issues in the"when issued"market
Overnight sweep investments or repurchase agreements will not be bid, but may be placed with the
City's depository bank relating to the demand account for which the sweep investments or
repurchase agreement was purchased.
XII. AUTHORIZED INVESTMENTS AND PORTFOLIO COMPOSITION
Investments should be made subject to the cash flow needs and such cash flows are subject to
revisions as market conditions and the City's needs change. However,when the invested funds are
needed in whole or in part for the purpose originally intended or for more optimal investments, the
Finance Director or management designee may sell the investment at the then-prevailing market
price and place the proceeds with the City's custodian.
The following are the investment requirements and allocation limits on security types, issuers, and
maturities as established by the City. The Finance Director or management designee shall have the
option to further restrict investment percentages from time to time based on market conditions, risks
or diversification investment strategies. The percentage allocations requirements for investment
types and issuers are calculated based on the original cost of each investment. Investments not
listed in this Policy are prohibited. Investments when purchased must have the required minimum
debt rating as required by Moody's and by Standard Poor's.
The allocation limits and security types do not apply to the investment of debt proceeds. These
investments shall be governed by the debt covenant included in the debt instrument.
City of Edgewater Page 6 of 16
A. The State Board of Administration's Local Government Surplus Funds Trust Fund("SBA
Pool")
1. Investment Authorization
Authorized Staff may invest in the SBA
2. Portfolio Composition
A maximum of 100%of available funds may be invested in the SBA.
B. United States Government Securities
1. Purchase Authorization
Authorized Staff may invest in negotiable direct obligations, or obligations the
principal and interest of which are unconditionally guaranteed by the United States
Government. Such securities will include,but not be limited to the following:
Cash Management Bills
Treasury Securities State and Local Government Series SLGS
Treasury Bills
Treasury Notes
Treasury Bonds
Treasury Strips
2. Portfolio Composition
A maximum of 100%of available funds may be invested in the United States
Government Securities.
3. Maturity Limitations
The length to maturity of any direct investment in the United States Government
Securities are five(5)years from the date of purchase. Maturities longer than five
(5)years require the City's approval.
C. United States Government Agencies full faith and credit of the United States Government
1. Purchase Authorization
Authorized Staff may invest in bonds,debentures or notes issued or guaranteed by
the United States Government agencies, provided such obligations are backed by
the full faith and credit of the United States Government. Such securities will
include,but not be limited to the following:
Government National Mortgage Association(GNMA)
United States Export Import Bank
Direct obligations or fully guaranteed certificates of beneficial
ownership
Farmer Home Administration
Certificates of beneficial ownership
Federal Financing Bank
Discount notes,notes and bonds
Federal Housing Administration Debentures
City of Edgewater Page 7 of 16
General Services Administration
New Communities Debentures
United States Government guaranteed debentures
United States Public Housing Notes and Bonds
United States Government guaranteed public housing notes and
bonds
United States Department of Housing and Urban Development
Project notes and local authority bonds
2. Portfolio Composition
A maximum of 50%of available funds may be invested in United States
Government agencies.
3. Limits on Individual Issuers
A maximum of 25%of available funds may be invested in individual United States
Government agencies.
4. Maturity Limitations
The length to maturity for an investment in any United States Government agency
security is five(5)years from the date of purchase. Maturities longer than five(5)
years require the City's approval.
E. Federal Instrumentalities(United States Government sponsored agencies which are non-full
faith and credit).
1. Purchase Authorization
Authorized Staff may invest in bonds, debentures or notes issued or guaranteed
by United States Government sponsored agencies (Federal Instrumentalities
which are non-full faith and credit agencies)limited to the following:
Federal Farm Credit Bank(FFCB)
Federal Home Loan Bank or its District banks(FHLB)
Federal National Mortgage Association(FNMA)
Federal Home Loan Mortgage Corporation(Freddie Macs)including
Federal Home Loan Mortgage Corporation participation certificates
Student Loan Marketing Association(Sallie Mae)
2. Portfolio Composition
A maximum of 80% of available funds may be invested in Federal
instrumentalities. The combined total of available funds invested in Federal
Agencies and Mortgage Backed Securities cannot be more than 80%.
3. Limits on Individual Issuers
A maximum of 40%of available funds may be invested in any one issuer.
4. Maturity Limitations
The length to maturity for an investment in any Federal Instrumentality is five (5)
years from the date of purchase. Maturities longer than five(5)years require the
City's approval.
City of Edgewater Page 8 of 16
E. Mortgage Backed Securities(MBS)
1. Investment Authorization
based on mortgages that arc guaranteed by a government agency for payment of
principal,and a guarantee of timely payment.
2. Portfolio Composition
of available funds invested in Federal Agencies and Mortgage Backed Securities
cannot be more than 80%.
3. Limits of Individual Issuers
Requirements
MBS shall be AA rated or better by Standard Poor's or the equivalent by another
nationally recognized rating agency.
/I. Maturity Limitations
the date of purchase.
Non-Negotiable Interest Bearing Time Certificates of Deposit
1. Purchase Authorization
Authorized Staff may invest in non-negotiable interest bearing time certificates of
deposit or savings accounts in banks organized under the laws of this state and/or
in national banks organized under the laws of the United States and doing business
and situated in this state,provided that any such deposits are by the Florida security
for secured Public Deposits Act,Chapter 280,Florida Statutes and provided that the
bank is not listed with any recognized credit watch information service.
2. Portfolio Composition
A maximum of 50%of available funds maybe invested in non-negotiable interest
bearing time certificates of deposit or savings accounts.
3. Limits on Individual Issuers
A maximum of 25%of available funds maybe deposited with any one issuer.
4. Maturity Limitations
The maximum maturity on any certificate shall be no greater than one(1)year from
the date of purchase.
Repurchase Agreements
City of Edgewater Page 9 of 16
1. Purchase Authorization
a. Authorized Staff may invest in repurchase agreements comprised of only those
investments based on the requirements set forth by the City's Master Repurchase
Agreement. All firms with whom the City enters into repurchase agreements will
have in place an executed Master repurchase Agreement with the City.
b. A third party custodian shall hold collateral for all repurchase agreements with a
term longer than one(1)business day.
c. Securities authorized for collateral are negotiable direct obligations of the United
States Government and Federal Instrumentalities with maturities under five(5)
years and must have a mark-to-market value at a minimum of 102 percent during
the term of the repurchase agreement. Immaterial short-term deviations from 102
percent requirement are permissible only upon the approval of the Authorized
Staff.
2. Portfolio Composition
A maximum of 50%of available funds may be invested in repurchase agreements
with the exception of one(1)business day agreements and overnight sweep
agreements.
3. Limits on Individual Issuers
A maximum of 25%of available funds may be invested with any one institution with
the exception of one(1)business day agreements and overnight sweep
O Y 9 9 P
agreements.
4. Maturity Limitations
The maximum length to maturity of any repurchase agreement is 60 days from the
date of purchase.
Commercial Paper
1. Purchase Authorization
Authorized Staff may invest in commercial paper of any United States company that
is rated,at the time or purchase,"Prime-I"by Moody's and"A-I"by Standard Poor's
(prime commercial paper). If backed by a letter of credit(LOC),the long-term debt
of the LOC provider must be rated at least"A"by at least two nationally recognized
rating agencies at the time of purchase. The LOC provider must be ranked in the
top fifty(50) United States banks in terms of total assets by the American Banker's
yearly report.
2. Portfolio Composition
A maximum of 25%of available funds may be directly invested in prime commercial
paper.
3. Limits on Individual Issuers
A maximum of 15%of available funds may be invested with any one issuer.
4. Maturity Limitations
City of Edgewater Page 10 of 16
The maximum length to maturity for prime commercial paper shall be 270 days from
the date of purchase.
Corporate Notes
1. Purchase Authorization
Authorized staff may invest in corporate notes issued by corporations organized and
operating within the United States or by depository institutions licensed by the
United States that have a long term debt rating at the time ofr purchase with at a
minimum"Aa"by Moody's and a minimum long term debt rating of"AA"by Standard
Poor's.
2. Portfolio Composition
A maximum of 25%of available funds may be directly invested in corporate notes.
3. Limits on Individual Issuers
A maximum of 205x%of available funds may be invested with any one issuer.
4. Maturity Limitations
The maximum length to maturity for corporate notes shall be 3 years from the date
of purchase.
Bankers Acceptances
1. Purchase Authorization
Authorized Staff may invest in banker's acceptances, which are issued by a
domestic bank,which has at the time of purchase,an unsecured,uninsured and un-
guaranteed obligation rating of at least "Prime-I" by Moody's or "A-I" by Standard
Poor's. The bank must be ranked in the top fifty(50) United States banks in terms
of total assets by the American Banker's yearly report.
2. Portfolio Composition
A maximum of 35%of available funds may be directly invested in bankers'
acceptances.
3. Limits on Individual Issuers
A maximum of 20%of available funds may be invested with any one issuer.
3. Maturity Limitations
The maximum length to maturity for bankers'acceptances shall be 180 days from
the date of purchase.
State and/or Local Government Taxable and/or Tax-Exempt Debt
1. Purchase Authorization
City of Edgewater Page 11 of 16
Authorized Staff may invest instate and/or local government taxable and/or tax-
exempt debt,general obligation and/or revenue bonds rated at least"Aa"by
Moody's or"AA"by Standard Poor's for long-term debt,or rated at least"MIG-2"by
Moody's or"SP-2"by Standard Poor's for short-term debt.
2. Portfolio Composition
A maximum of 20%of available funds may be invested in taxable and tax-exempt
Debts.
3. Limits on Individual Issuers
A maximum of 20%of available funds maybe invested with any one issuer.
4. Maturity Limitations
A maximum length to maturity for an investment in any state or local government
debt security is three(3)years from the date of purchase.
Registered Investment Companies(Money Market Mutual Funds)
1. Investment Authorization
Authorized Staff may invest in shares in open-end and no-load money market funds
provided such funds are registered under the Federal Investment Company Act of
1940 and operate in accordance with 17 C.F.R.§2a-7,which stipulates that money
market funds must have an average weighted maturity of 90 days or less. In
addition,the share value of the money market funds must be equal to$1.00.
2. Portfolio Composition
A maximum of 50%of available funds may be invested in money market funds.
3. Limits of Individual Issuers
A maximum of 25%of available funds may be invested with anyone money market
Fund.
4. Rating Requirements
The money market funds shall be rated"Aam"or"Aam-G"or better by Standard
Poor's or the equivalent by another rating agency.
5. Due Diligence Requirements
A thorough review of any money market fund is required prior to investing and on a
continual basis. There shall be a questionnaire developed by the Finance Director
that will contain a list of questions that covers the major aspects of any investment
pool/fund.
Intergovernmental Investment Pool
1. Investment Authorization
City of Edgewater Page 12 of 16
Authorized Staff my invest in intergovernmental investment pools that are
authorized pursuant to the Florida Interlocal Cooperation Act, as provided in
s.163.01, F.S.
2. Portfolio Composition
A maximum of 25%of available funds may be invested in intergovernmental
investment pools.
3. Due Diligence Requirements
A thorough review of any investment pool/fund is required prior to investing,and on
a continual basis. There shall be a questionnaire developed by the Finance
Director that will contain a list of questions that covers the major aspects of any
investment pool.
City Council approval prior to their use. If the City Council approves the use of derivative products,
the Finance Director or management designee shall develop sufficient understanding of the
agreements or other forms of leverage, the investment shall be limited to transactions in which the
designee has sufficient resources and expertise to manage them.
XIV. PERFORMANCE MEASUREMENTS
In order to assist in the evaluation of the portfolios' performance, the City will use performance
benchmarks for short-term and long-term portfolios. The use of benchmarks will allow the City to
measure its returns against other investors in the same markets.
A. Investment performance of funds designated as short-term funds and other funds
that must maintain a high degree of liquidity will be compared to the return on the
six-month U.S. Treasury Bill. Investments of current operating funds shall have
maturities of no longer than twenty-four(24)months.
B. Investment performance of funds designated as core funds and other non-operating
funds that have a longer-term investment horizon will be compared to an index
comprised of U.S. Treasury or Government securities. The appropriate index will
have a duration and asset mix that approximates the portfolios and will be utilized
as a benchmark to be compared to the portfolios'total rate of return. Investments of
bond reserves, construction funds, and other non-operating funds ("core funds")
shall have a term appropriate to the need for funds and in accordance with debt
covenants,but in no event shall exceed five(5)years.
XV. REPORTING
The Finance Director,management designee and/or Investment Advisor shall provide the City
Manager with a"Quarterly Investment Report"that summarizes but not limited to the following:
A. Recent market conditions, economic developments and anticipated investment
conditions.
B. The investment strategies employed in the most recent quarter.
City of Edgewater Page 13 of 16
C. A description of all securities held in investment portfolios at month-end.
D. The total rate of return for the quarter and year-to-date versus appropriate
benchmarks.
E. Any areas of the Policy concern warranting possible revisions to current or planned
investment strategies. The market values presented in these reports will be
consistent with accounting guidelines in GASB Statement 31.
On an annual basis,the City Manager designee shall submit to the City Council a written report on
all invested funds. The annual report shall provide all, but not limited to,the following a complete list
of all invested funds, name or type of security in which the funds are invested,the amount invested,
the maturity date,earned income,the book value,the market value,the yield on each investment.
The annual report will show performance on both a book value and total rate of return basis and will
compare the results to the above-stated performance benchmarks. All investments shall be
reported at fair value per GASB Statement 31. If an investment held by the City shall fall below the
required Moody's or Standard Poor's rating this shall be included in the Investment report. The
Council shall have the opt n to discuss and affirm or alter the current investment held by the City.
Investment reports shall be available to the public.
XVI. THIRD PARTY CUSTODIAL AGREEMENTS
Securities, with the exception of certificates of deposits, shall beheld with a third party custodian;
and all securities purchase by, and all collateral obtained by the City should be properly designated
as an asset of the City. The securities must be held in an account separate and apart from the
assets of the financial institution. A third party custodian is defined as any bank depository
chartered by the Federal Government, the State of Florida, or any other state or territory of the
United States which has a branch or principal place of business in the State of Florida, or by a
national association organized and existing under the laws of the United States which is authorized
to accept and execute trusts and which is doing business in the State of Florida. Certificates of
deposits will be placed in the provider's safekeeping department for the term of the deposit.
The custodian shall accept transaction instructions only from those persons who have been duly
authorized by the City Manager and which authorization has been provided, in writing, to the
custodian. No withdrawal of securities,in whole or in part,shall be made from safekeeping,shall be
permitted unless by such a duly authorized person.
The custodian shall provide the Finance Director or management designee with safekeeping
statements that provide detail information on the securities held by the custodian. On a monthly
basis,the custodian will also provide reports that list all securities held for the City,the book value of
holdings and the market value as of month-end. If an investment falls below the required Moody's
or Standard Poor's rating,the custodian shall notify the Finance Director within 30 days.
Security transactions between a broker/dealer and the custodian involving the purchase or sale of
securities by transfer of money securities must be made on a "delivery vs. payment" basis, if
applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at
the conclusion of the transaction. Securities held as collateral shall be held free and clear of any
liens.
XVII. INVESTMENT COMMITTEE
The Finance Director with the approval of the City Manager may establish an Investment Committee
for the purpose of formulating alternative investment strategies and short-range directions within the
City of Edgewater Page 14 of 16
guideline herein set forth and for monitoring the performance and structure of the City's portfolio.
The Committee may include the Finance Director as Chairman,the City s financial advisor,and may
include other members as maybe designated by the City Manager from time to time. In lieu of formal
establishment of an investment committee the Finance Director will evaluate and manage the
investment portfolio solely with the City's Financial Advisor.
A designee of the Finance Director may provide the Committee members with current market
information, an updated portfolio listing and analysis, and various pertinent financial data. The
Committee or quorum of the committee shall meet as often as deemed necessary, under the given
conditions, to review, discuss and affirm or alter the current investment strategy and perform other
functions as herein provided.
The Investment Committee activities can include but not be limited to review and setting investment
strategies; review and establishing of written investment procedures; review and approval of bank
and other rating agency services;review and approval of source documentation regarding issuers,
and dealers,and any other functions as defined herein.
XVIII. INTERNAL LOAN PROGRAM
This section governs the extension of internal loans from the city's internal liquidity resources of the
Pooled Cash Fund for the purpose of financing capital construction projects or capital outlay
expenditures for which external financial is not available, or for providing interim financing for
municipal strategic initiatives for which a gap exists between the acquisition or construction of a
project and the timing of the cash receipts from planned sources of funding including permanent
debt financing,federal and state grants,fees and charges and cash from general operating sources.
Internal loans will be utilized to provide a short to medium term financing alternative for departments
seeking to finance such capital projects/capital outlay expenditures, in a manner that does not
detract from the overall City portfolio investment objectives and liquidity requirements. All internal
loans under the Program must be approved by the City Council. The Finance Director will
promulgate general objectives,guidelines and financial reporting of administration of Program.
XIX. INVESTMENT POLICYADOPTION
The Investment Policy shall be adopted by City resolution. The Finance Director and City's
Financial Advisor shall review the Policy annually and submit recommendations to the City Manager
for review and approval. If a change in the Policy is recommended for approval by the City
Manager,the Finance Director will prepare the necessary report to Council.
City of Edgewater Page 15 of 16
Approved by the City Council of the
City of Edgewater at a meeting held on
the 3rd
2014 under Agenda day Item of April 2008March
City of Edgewater Page 16 of 16
AGENDA REQUEST
Date: February 20, 2014
PUBLIC
HEARING March 3, 2014 RESOLUTION March 3, 2014 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
Resolution 2014-R-05 Capital Improvement Revenue Note Series 2014
BACKGROUND:
The City issued a Request for Proposal (RFP 14-FN-010)to identify an institution that could provide the City of Edgewater,
Florida(the"City")with a fixed rate Bank Qualified bank loan (the"Loan"), in an amount not to exceed$1,300,000. This debt
issuance will finance capital improvements and various major capital outlays. The capital projects would be for the stormwater
enhancements on 26th St and Monson and Riverview Roads. The capital outlay would be for the acquisition of a replacement
Vac Con Truck, Fire Engine and expanded web portal and IVR interface for our Utilities, Permits and Citations. The Series
2014 will be secured by a covenant to budget and appropriate from Non-Ad valorem revenues.
STAFF RECOMMENDATION:
Staff recommends the approval of the bank qualified loan from Branch Banking and Trust Company"BB&T"for the finance of
the Capital Improvement Revenue Note Series 2014.
ACTION REQUESTED:
Motion to approve Resolution 2014-R-05 and authorize the Mayor to execute all loan documents with Branch Banking and
Trust Company"BB&T" for the Capital Improvement Revenue Note Series 2014 and all associated budget amendments.
FINANCIAL IMPACT:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES_x_ NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: N/A AGENDA ITEM# N/A
Respectfully bmitted, Concurrence:
J.ir McKinney Robin L. Matusick
F ance Director Paralegal
Tracey T. :^low 4
City Manager
FirstSouthwest 4 Memorandum
A PlainsCapital Company
450 South Orange Ave,
Suite 460 Mark P.Galvin
Orlando,FL 32801 Senior Vice President
407.426.9611 Direct mark.galvin @firstsw.com
407.426.7835 Fax
Date: February 27,2014
To: John McKinney,Finance Director
Subject: City of Edgewater, FL
Capital Improvement Revenue Note, Series 2014—Bank Loan RFP
FirstSouthwest, in our role as Financial Advisor, assisted the City of Edgewater (the "City"), Florida in
issuing a Request for Proposals ("RFP") for a bank loan in an amount not to exceed $1,300,000. The
City, under purchasing guidelines, posted the RFP on its web site, advertised the RFP, and made it
available to bidders on www.demandstar.com on January 23, 2014. The purpose of the RFP is to provide
"Bank Qualified" financing to finance the City's expansion of(1) Stormwater Capital Projects; (2) the
acquisition of a replacement Vac Con Truck and Fire Engine; and(3)expanded web portal and Interactive
Voice Response(IVR)interface for Utility permits and citations.
The objective of the RFP was to obtain financing at the lowest cost while providing maximum flexibility
to the City. The RFP asked for proposals that would provide the City with a 10 year bank loan with the
option to prepay the loan at anytime with or without a prepayment penalty.
On February 6, 2104 the City received a total of six (6) responses by the stated 2:00 pm deadline.
Proposals were received from the six(6)entities listed below and summarized in the attached table:
• BB&T
• Hancock Bank
• Pinnacle Public Finance
• TD Bank
U.S.Bancorp
Wells Fargo Bank
Recommendation
After reviewing all of the RFP responses and discussing these proposals with City Staff, it is
FirstSouthwest's opinion that the BB&T proposal meets the objectives of this RFP including low cost of
capital and maximum flexibility. Highlights include:
(1) Provided a low locked in 2.41% interest rate. Their rate is locked in for 45 days, and not an
indication rate that is subject to change eliminating the interest rate risk compared to those
proposals that are not locked in.
(2) Limited tax provisions that reduce risk associated with a change in the marginal corporate tax
rate.
(3) Provides flexible covenants that do not require either an additional bonds test or an anti-
dilution certificate.
(4) Flexible Prepayment Provisions: The proposal provided two prepayment options: (1) The
ability to prepay at any time on any payment date with a 1%prepayment penalty or(2)Non-
callable for the first 5 years and then callable in whole on any payment date with no
prepayment penalty. After further discussions with the Bank, they were willing to reduce the
non-callable period to only 2 years on the second option.
FirstSouthwest therefore recommends that the City accept the BB&T proposal.
2
FirstSouthwest'l
TABLE OF CONTENTS
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T
**Revised Final Numbers**
Report Page
Capital Improvement Revenue Note,Series 2014
Sources and Uses of Funds 1
Bond Summary Statistics 2
Bond Debt Service 3
Bond Debt Service Breakdown 5
Cost of Issuance 6
Proof of Arbitrage Yield 7
Form 8038 Statistics 8
Feb 26,2014 3:30 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014)
FirstSouthwest440
SOURCES AND USES OF FUNDS
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T
**Revised Final Numbers**
Dated Date 03/05/2014
Delivery Date 03/05/2014
Capital Fire Engine Utility
Sources: Projects Project Vac Con Truck Website Total
Bond Proceeds:
Par Amount 440,000.00 432,000.00 325,000.00 103,000.00 1,300,000.00
440,000.00 432,000.00 325,000.00 103,000.00 1,300,000.00
Capital Fire Engine Utility
Uses: Projects Project Vac Con Truck Website Total
Project Fund Deposits:
Project Fund 427,000.00 419,420.00 315,870.56 99,500.00 1,261,790.56
Delivery Date Expenses:
Cost of Issuance 13,000.00 12,580.00 9,129.44 3,500.00 38,209.44
440,000.00 432,000.00 325,000.00 103,000.00 1,300,000.00
Feb 26,2014 3:30 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 1
FirstSouthwest '
BOND SUMMARY STATISTICS
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T
**Revised Final Numbers**
Dated Date 03/05/2014
Delivery Date 03/05/2014
First Coupon 09/01/2014
Last Maturity 03/01/2024
Arbitrage Yield 2.410030%
True Interest Cost(TIC) 2.410030%
Net Interest Cost(NIC) 2.410000%
All-In TIC 2.986891%
Average Coupon 2.410000%
Average Life(years) 5.690
Duration of Issue(years) 5.265
Par Amount 1,300,000.00
Bond Proceeds 1,300,000.00
Total Interest 178,281.09
Net Interest 178,281.09
Total Debt Service 1,478,281.09
Maximum Annual Debt Service 149,471.90
Average Annual Debt Service 147,992.55
Underwriter's Fees(per$1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price 100.000000
Par Average Average PV of 1 bp
Bond Component Value Price Coupon Life change
Term Loan 2024 1,300,000.00 100.000 2.410% 5.690 1,144.00
1,300,000.00 5.690 1,144.00
All-In Arbitrage
TIC TIC Yield
Par Value 1,300,000.00 1,300,000.00 1,300,000.00
+Accrued Interest
+Premium(Discount)
-Underwriter's Discount
-Cost of Issuance Expense -38,209.44
-Other Amounts
Target Value 1,300,000.00 1,261,790.56 1,300,000.00
Target Date 03/05/2014 03/05/2014 03/05/2014
Yield 2.410030% 2.986891% 2.410030%
Feb 26,2014 3:30 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 2
FirstSouthwest 43'
BOND DEBT SERVICE
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T
**Revised Final Numbers**
Period
Ending Principal Coupon Interest Debt Service
03/01/2015 115,000 2.410% 30,981.89 145,981.89
03/01/2016 120,000 2.410% 28,558.50 148,558.50
03/01/2017 123,000 2.410% 25,666.50 148,666.50
03/01/2018 124,000 2.410% 22,702.20 146,702.20
03/01/2019 127,000 2.410% 19,713.80 146,713.80
03/01/2020 132,000 2.410% 16,653.10 148,653.10
03/01/2021 136,000 2.410% 13,471.90 149,471.90
03/01/2022 138,000 2.410% 10,194.30 148,194.30
03/01/2023 141,000 2.410% 6,868.50 147,868.50
03/01/2024 144,000 2.410% 3,470.40 147,470.40
1,300,000 178,281.09 1,478,281.09
Feb 26,2014 3:30 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 3
FirstSouthwest 4*
BOND DEBT SERVICE
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T
**Revised Final Numbers**
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
09/01/2014 15,316.89 15,316.89
03/01/2015 115,000 2.410% 15,665.00 130,665.00 145,981.89
09/01/2015 14,279.25 14,279.25
03/01/2016 120,000 2.410% 14,279.25 134,279.25 148,558.50
09/01/2016 12,833.25 12,833.25
03/01/2017 123,000 2.410% 12,833.25 135,833.25 148,666.50
09/01/2017 11,351.10 11,351.10
03/01/2018 124,000 2.410% 11,351.10 135,351.10 146,702.20
09/01/2018 9,856.90 9,856.90
03/01/2019 127,000 2.410% 9,856.90 136,856.90 146,713.80
09/01/2019 8,326.55 8,326.55
03/01/2020 132,000 2.410% 8,326.55 140,326.55 148,653.10
09/01/2020 6,735.95 6,735.95
03/01/2021 136,000 2.410% 6,735.95 142,735.95 149,471.90
09/01/2021 5,097.15 5,097.15
03/01/2022 138,000 2.410% 5,097.15 143,097.15 148,194.30
09/01/2022 3,434.25 3,434.25
03/01/2023 141,000 2.410% 3,434.25 144,434.25 147,868.50
09/01/2023 1,735.20 1,735.20
03/01/2024 144,000 2.410% 1,735.20 145,735.20 147,470.40
1,300,000 178,281.09 1,478,281.09 1,478,281.09
Feb 26,2014 3:30 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 4
FirstSouthwest 4
BOND DEBT SERVICE BREAKDOWN
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T
**Revised Final Numbers**
Period Fire Engine
Ending Capital Projects Project Vac Con Truck Utility Website Total
03/01/2015 49,486.18 48,295.52 36,745.47 11,454.72 145,981.89
03/01/2016 49,664.10 49,495.40 37,133.60 12,265.40 148,558.50
03/01/2017 49,700.10 49,531.40 37,410.60 12,024.40 148,666.50
03/01/2018 49,712.00 48,543.30 36,663.50 11,783.40 146,702.20
03/01/2019 49,699.80 48,555.20 36,916.40 11,542.40 146,713.80
03/01/2020 50,663.50 49,543.00 37,145.20 11,301.40 148,653.10
03/01/2021 50,579.00 49,482.60 37,349.90 12,060.40 149,471.90
03/01/2022 50,470.40 49,398.10 36,530.50 11,795.30 148,194.30
03/01/2023 50,337.70 49,289.50 36,711.10 11,530.20 147,868.50
03/01/2024 50,180.90 49,156.80 36,867.60 11,265.10 147,470.40
500,493.68 491,290.82 369,473.87 117,022.72 1,478,281.09
Feb 26,2014 3:30 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 5
FirstSouthwest atio
COST OF ISSUANCE
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T
**Revised Final Numbers**
Cost of Issuance $/1000 Amount
Contingency 3.23803 4,209.44
Financial Advisor 11.53846 15,000.00
Bond Counsel 10.00000 13,000.00
Bond Counsel Expenses 0.38462 500.00
City Attorney 1.53846 2,000.00
Bank Counsel 2.69231 3,500.00
29.39188 38,209.44
Feb 26,2014 3:30 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 6
FirstSouthwest'
PROOF OF ARBITRAGE YIELD
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T
**Revised Final Numbers**
Present Value
to 03/05/2014
Date Debt Service Total @ 2.4100298645%
09/01/2014 15,316.89 15,316.89 15,138.55
03/01/2015 130,665.00 130,665.00 127,605.92
09/01/2015 14,279.25 14,279.25 13,778.91
03/01/2016 134,279.25 134,279.25 128,031.36
09/01/2016 12,833.25 12,833.25 12,090.44
03/01/2017 135,833.25 135,833.25 126,447.28
09/01/2017 11,351.10 11,351.10 10,440.93
03/01/2018 135,351.10 135,351.10 123,015.86
09/01/2018 9,856.90 9,856.90 8,851.92
03/01/2019 136,85 6.90 136,856.90 121,440.06
09/01/2019 8,326.55 8,326.55 7,300.60
03/01/2020 140,326.55 140,326.55 121,571.30
09/01/2020 6,735.95 6,735.95 5,766.18
03/01/2021 142,735.95 142,735.95 120,731.47
09/01/2021 5,097.15 5,097.15 4,260.03
03/01/2022 143,097.15 143,097.15 118,171.85
09/01/2022 3,434.25 3,434.25 2,802.29
03/01/2023 144,434.25 144,434.25 116,452.60
09/01/2023 1,735.20 1,735.20 1,382.38
03/01/2024 145,735.20 145,735.20 114,720.07
1,478,281.09 1,478,281.09 1,300,000.00
Proceeds Summary
Delivery date 03/05/2014
Par Value 1,300,000.00
Target for yield calculation 1,300,000.00
Feb 26,2014 3:30 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 7
FirstSouthwest '
FORM 8038 STATISTICS
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T
**Revised Final Numbers**
Dated Date 03/05/2014
Delivery Date 03/05/2014
Redemption
Bond Component Date Principal Coupon Price Issue Price at Maturity
Term Loan 2024:
03/01/2015 115,000.00 2.410% 100.000 115,000.00 115,000.00
03/01/2016 120,000.00 2.410% 100.000 120,000.00 120,000.00
03/01/2017 123,000.00 2.410% 100.000 123,000.00 123,000.00
03/01/2018 124,000.00 2.410% 100.000 124,000.00 124,000.00
03/01/2019 127,000.00 2.410% 100.000 127,000.00 127,000.00
03/01/2020 132,000.00 2.410% 100.000 132,000.00 132,000.00
03/01/2021 136,000.00 2.410% 100.000 136,000.00 136,000.00
03/01/2022 138,000.00 2.410% 100.000 138,000.00 138,000.00
03/01/2023 141,000.00 2.410% 100.000 141,000.00 141,000.00
03/01/2024 144,000.00 2.410% 100.000 144,000.00 144,000.00
1,300,000.00 1,300,000.00 1,300,000.00
Stated Weighted
Maturity Interest Issue Redemption Average
Date Rate Price at Maturity Maturity Yield
Final Maturity 03/01/2024 2.410% 144,000.00 144,000.00
Entire Issue 1,300,000.00 1,300,000.00 5.6904 2.4100%
Proceeds used for accrued interest 0.00
Proceeds used for bond issuance costs(including underwriters'discount) 38,209.44
Proceeds used for credit enhancement 0.00
Proceeds allocated to reasonably required reserve or replacement fund 0.00
Feb 26,2014 3:30 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 8
RESOLUTION NO. 2014-R-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE ISSUANCE
OF THAT CERTAIN CITY OF EDGEWATER, FLORIDA
CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2014
(THE "SERIES 2014 NOTE") IN THE PRINCIPAL AMOUNT
OF NOT TO EXCEED $1,300,000 THE PROCEEDS OF WHICH
WILL BE USED TO FINANCE CERTAIN CAPITAL
IMPROVEMENTS WITHIN THE CITY; APPROVING THE
NEGOTIATED, PRIVATE SALE OF THE SERIES 2014 NOTE
TO BRANCH BANKING AND TRUST COMPANYIN
ACCORDANCE WITH THEIR ATTACHED PROPOSAL;
AUTHORIZING THE NEGOTIATION, EXECUTION AND
DELIVERY OF A LOAN AGREEMENT WITH RESPECT TO
THE ISSUANCE OF THE SERIES 2014 NOTE; PROVIDING
THAT THE SERIES 2014 NOTE SHALL BE A LIMITED
OBLIGATION OF THE CITY; COVENANTING TO BUDGET
AND APPROPRIATE CERTAIN NON-AD VALOREM
REVENUES AS PROVIDED HEREIN; PROVIDING FOR THE
RIGHTS, SECURITY AND REMEDIES FOR THE OWNER OF
THE SERIES 2014 NOTE; DESIGNATING THE SERIES 2014
NOTE AS A QUALIFIED TAX-EXEMPT OBLIGATION
WITHIN THE MEANING OF THE INTERNAL REVENUE
CODE; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, that:
SECTION 1. AUTHORIZATION. This resolution is adopted pursuant to the
provisions of the Act (defined below).
SECTION 2. DEFINITIONS. The following terms shall have the following meanings
herein, unless otherwise expressly set forth herein.
"Act" means Article VIII, Section 2 of the Constitution of the State of Florida, Chapter
166, Florida Statutes, the Charter of the City, and other applicable provisions of law and this
Resolution.
"Authorized Officer" means the Mayor, Vice Mayor, City Clerk, City Manager and
Finance Director.
"Business Day" means any day except any Saturday or Sunday or any day on which the
principal office of the Owner is closed.
4813-8013 2632.4
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"Charter" means the Charter of the City of Edgewater, Florida.
"City" means the City of Edgewater, Florida, a municipal corporation of the State of
Florida.
"City Manager" means the City Manager of the City or his or her designee.
"Clerk" means the City Clerk or assistant or deputy City Clerk of the City, or such other
person as may be duly authorized by the City Council of the City to act on its behalf.
"Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto.
"Council" means the City Council of the City.
"Loan Agreement" means the loan agreement authorized by Section 6 hereof.
"Mayor" means the Mayor of the City, or in the Mayor's absence or unavailability, the
Vice Mayor, or such other person as may be duly authorized by the Council to act on its behalf.
"Non-Ad Valorem Revenues" means all non-ad valorem revenues of the City, which
are lawfully available to be used to pay debt serviceon amounts due under the Loan Agreement
as the same shall become due, all as more particularly set forth in Section 6 hereof.
"Owner"or "Purchaser" means the Person or Persons in whose name or names the
Series 2014 Note shall be registered on the books of the City kept for that purpose in accordance
with the provisions of this Resolution. The initial Purchaser of the Series 2014 Note shall be
Branch Banking and Trust Company, or its assignee.
"Person" means natural persons, firms, trusts, estates, associations, corporations,
partnerships and public bodies.
"Pledged Revenues" means, collectively: (i) all of the proceeds of the Series 2014 Note
pending the application thereof; and (ii) Non-Ad Valorem Revenues budgeted and appropriated
as provided in this Resolution.
"Project" means those certain capital improvements which will be financed with the
proceeds of the Series 2014 Note, including (a) certain capital improvements to be made to the
stormwater facilities owned by the City located at (i) 26th Street and Juniper Drive, (ii) Hart
Avenue, and (iii) Monson Drive and Riverview Drive, (b) a Vac Con Truck and a Fire Engine to
be owned by the City, (c) certain capital improvements associated with the acquisition of a web
portal and Interactive Voice Response (IVR) Interface for utility permits and citations, and (d) to
the extent of any excess funds of the City such additional capital improvements as shall be
determined by the City.
"Resolution" means this Resolution, pursuant to which the Series 2014 Note is
authorized to be issued, including any supplemental resolution(s).
2
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43699/000;
"Series 2014 Note" means the City's proposed Capital Improvement Revenue Note,
Series 2014 which is anticipated to be issued in the aggregate principal amount not to exceed
$1,300,000.
"State" means the State of Florida.
SECTION 3. FINDINGS. The Council hereby finds and determines that:
(a) The City is a duly constituted and validly existing political subdivision within the
State of Florida with requisite home rule powers derived from the Constitution and Laws of the
State of Florida.
(b) The Council hereby finds, determines and declares that it is necessary for the
continued preservation of the health, welfare, convenience and safety of the City and its citizens
to issue its not to exceed $1,300,000 Capital Improvement Revenue Note, Series 2014 (the
"Series 2014 Note") to finance the Project. Issuance of the Series 2014 Note to finance the
Project satisfies a paramount public purpose.
(c) The City is without adequate, currently available funds to pay the costs of the
Project, and it is necessary and desirable and in the best interests of the City that it borrow the
moneys necessary to acquire, construct and equip the Project.
(d) Debt service on the Series 2014 Note will be paid from Pledged Revenues. The
Pledged Revenues are expected to be sufficient to pay the principal and interest on the Series
2014 Note, as the same become due.
(e) The Series 2014 Note to be issued under this Resolution does not constitute an
indebtedness within the meaning of any constitutional or statutory debt limitation or restriction
and is not subject to the provisions of any other law or charter relating to the authorization,
issuance, or sale of bonds. The Series 2014 Note to be issued under the provisions of this
Resolution is declared to be issued for an essential public and governmental purpose and,
together with interest thereon and income therefrom, is exempted from all taxes, except those
taxes imposed by Chapter 220, Florida statutes, on interest, income, or profits on debt obligations
owned by corporations.
(f) The City has received the proposal attached hereto as Exhibit "A" from the
Purchaser for terms related to its purchase of the Series 2014 Note and the City believes such
proposal contains terms that are favorable to the City. Due to the immediate need for funds,
prevailing market conditions, and the nature of the contemplated financing, it is hereby
determined that it is in the best interests of the public and the City to negotiate the terms of a loan
agreement with the Purchaser that provides the best overall terms of finance for the City.
(g) The principal of and interest on the Series 2014 Note shall be payable solely from
the Pledged Revenues. Neither the City, nor the State of Florida or any political subdivision
thereof or governmental authority or body therein, shall ever be required to levy ad valorem
taxes to pay the principal of and interest on the Series 2014 Note or any amounts due under the
Loan Agreement and neither the Series 2014 Note nor the Loan Agreement shall constitute a lien
3
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upon the City, or upon any properties owned by or situated within the City except as provided
herein with respect to the Pledged Revenues.
(h) The City has not and does not reasonably expect to issue (including issues "on
behalf of' the City, as determined under Section 265(b)(3)(E) of the Code) tax-exempt
obligations (excluding obligations of the City issued for the sole purpose of currently refunding
the outstanding amount of an existing obligation) in excess of $10,000,000 aggregate face
amount during the 2014 calendar year.
SECTION 4. AUTHORIZATION OF THE SERIES 2014 NOTE. Subject and
pursuant to the provisions of this Resolution, an obligation of the City to be known as the "City
of Edgewater, Florida Capital Improvement Revenue Note, Series 2014" is hereby authorized to
be issued under and secured by this Resolution, in the principal amount of not to exceed
$1,300,000, for the purpose of providing funds to pay the costs of the refinancing of the
Project[and to pay the costs of issuing the Series 2014 Note]. The Authorized Officers, in
conjunction with the financial advisor to the City, shall negotiate the form of the Series 2014
Note and Loan Agreement, provided that the rate and the term applicable to the Series 2014 Note
shall be consistent with the rate and term set forth in the Proposal. The Mayor and the Clerk are
hereby authorized to execute and deliver the Series 2014 Note.
The financing of the Project is hereby authorized. Because of the characteristics of the
Series 2014 Note, prevailing market conditions, and additional savings to be realized from an
expeditious sale of the Series 2014 Note, it is in the best interest of the City to delegate to the
Authorized Officers, upon the advice of its financial advisor, to negotiate the terms of the Series
2014 Note and the Loan Agreement.
SECTION 5. AUTHORIZATION OF LOAN AGREEMENT. In order to provide
for certain terms and provisions applicable to the Series 2014 Note, the City does hereby
authorize and approve the Loan Agreement (the "Loan Agreement"), the form of which is
attached hereto as "Exhibit B". Subject to compliance with the requirements set forth in Section
4 above, the City hereby authorizes the Authorized Officers to negotiate, modify, execute and
deliver the Loan Agreement on behalf of the City together with such changes, corrections,
insertions and deletions as may be approved by an Authorized Officer of the City, with such
approval to be evidenced by their signature on the Loan Agreement.
SECTION 6. COVENANT TO BUDGET AND APPROPRIATE. Subject to the
next paragraph, the City covenants and agrees to appropriate in its annual budget, by
amendment, if necessary, from Non-Ad Valorem Revenues, amounts sufficient to pay principal
of and interest on amounts due under the Series 2014 Note and the Loan Agreement as the same
shall become due. Such covenant and agreement on the part of the City to budget and
appropriate such amounts of Non-Ad Valorem Revenues shall be cumulative to the extent not
paid, and shall continue until such Non-Ad Valorem Revenues, in amounts sufficient to make all
such required payments shall have been budgeted, appropriated and actually paid. No lien upon
or pledge of such budgeted Non-Ad Valorem Revenues shall be in effect until such monies are
budgeted and appropriated. The City further acknowledges and agrees that the obligations of the
City to include the amount of any deficiency in payments in each of its annual budgets and to
4
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pay such deficiencies from Non-Ad Valorem Revenues may be enforced in a court of competent
jurisdiction in accordance with the remedies set forth herein.
Such covenant to budget and appropriate does not create any lien upon or pledge of such
Non-Ad Valorem Revenues, nor does it require the City to levy and collect any particular Non-
Ad Valorem Revenues, nor does it give the holder of the Series 2014 Note a prior claim on the
Non-Ad Valorem Revenues as opposed to claims of general creditors of the City. Such covenant
to budget and appropriate Non-Ad Valorem Revenues is subject in all respects to the prior
payment of obligations secured by a pledge of such Non-Ad Valorem Revenues heretofore or
hereafter entered into (including the payment of debt service on bonds, notes, and other debt
instruments). Anything in this Resolution to the contrary notwithstanding, it is understood and
agreed that all obligations of the City hereunder shall be payable from the portion of Non-Ad
Valorem Revenues budgeted and appropriated as provided for hereunder and nothing herein shall
be deemed to pledge ad valorem tax revenues or to permit or constitute a mortgage or lien upon
any assets owned by the City and no holder of the Series 2014 Note nor any other person, may
compel the levy of ad valorem taxes on real or personal property within the boundaries of the
City. Notwithstanding any provisions of this Resolution or the Series 2014 Note to the contrary,
the City shall never be obligated to maintain or continue any of the activities of the City, which
generate user service charges, regulatory fees or any Non-Ad Valorem Revenues. Except as
provided hereafter, neither this Resolution nor the obligations of the City hereunder shall be
construed as a pledge of or a lien on all or any legally available Non-Ad Valorem Revenues of
the City, but shall be payable solely as provided herein and is subject in all respects to the
provisions of Section 166.241, Florida Statutes, and is subject, further, to the payment of services
and programs which are for essential public purposes affecting the health, welfare and safety of
the inhabitants of the City.
SECTION 7. SECURITY FOR SERIES 2014 NOTE. The payment of principal of
and interest on the Series 2014 Note shall be secured equally and ratably by a pledge of and lien
upon the Pledged Revenues. The City hereby irrevocably pledges the Pledged Revenues to the
payment of the principal of and interest on the Series 2014 Note in accordance with this
Resolution. The Pledged Revenues shall immediately be subject to the lien of this pledge
without any physical delivery thereof or further act, and the lien of this pledge shall be valid and
binding as against all parties having claims of any kind in tort, contract or otherwise against the
City.
SECTION 8. DESIGNATION OF THE SERIES 2014 NOTE AS A QUALIFIED
TAX-EXEMPT OBLIGATION. The City hereby designates the Series 2014 Note as a
"qualified tax-exempt obligation" under Section 265(b)(3) of the Code. This designation is
based upon the findings of the City set forth in Section 3(h) of this Resolution. The Mayor, the
City Manager, a Council Member or the Clerk are authorized to certify such finding upon the
issuance of the Series 2014 Note. The City acknowledges that any action which adversely
impacts the status of the Series 2014 Note as a"qualified tax-exempt obligation" will result in an
upward adjustment to the interest rate on such Series 2014 Note.
SECTION 9. PURCHASER'S CERTIFICATE AND DISCLOSURE LETTER.
Prior to the issuance of the Series 2014 Note, the City shall receive from the Purchaser a
Purchaser's Certificate, the form of which is attached hereto as Exhibit "C" and the Disclosure
5
4813-8013 26324
43699/o00$
Letter containing the information required by Section 218.385, Florida Statutes, a form of which
is attached hereto as Exhibit"D."
SECTION 10. REMEDIES OF NOTEHOLDER. The holder of a Series 2014 Note
may, whether at law or in equity, by suit, action, mandamus or other proceeding, protect and
enforce and compel the performance of all duties required hereby, or by the Loan Agreement
which secures such Series 2014 Note, to be performed by the City.
SECTION 11. GENERAL AUTHORITY. The Authorized Officers are hereby
authorized to do all acts and things required of them consistent with the requirements of this
Resolution, the Loan Agreement and any other document relating to the issuance of the Series
2014 Note for the full punctual and complete performance of all the terms, covenants and
agreements contained in the Series 2014 Note, this Resolution, the Loan Agreement and such
other documents. The Vice Mayor and any other member of the Council is authorized to do all
things required or permitted by this Resolution of the Mayor in his or her absence or
unavailability.
SECTION 12. F_ URTHER AUTHORIZATIONS. The Authorized Officers are each
hereby authorized and directed, individually or with others pursuant to their direction or
authorization, to execute such other documents, certificates, instruments, contracts, and
agreements whether or not expressly contemplated hereby, and to execute and do all acts and
things required by the provisions of this Resolution as may be necessary for the full, punctual
and complete performance of all the terms, covenants, provisions and agreements herein and
therein contained, or as otherwise may be necessary or desirable to effectuate the purpose and
intent of this Resolution.
SECTION 13. SEVERABILITY OF INVALID PROVISIONS. If any one or more
of the covenants, agreements or provisions contained herein shall be held contrary to any express
provisions of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed severable from the
remaining covenants, agreements or provisions hereof and shall in no way affect the validity of
any of the other provisions of this Resolution.
SECTION 14. REGULARITY OF PROCEEDINGS; COMPLIANCE WITH
STATUTES. The adoption of this Resolution, and the issuance and delivery of the Series 2014
Note has been duly authorized by the City, and all conditions, acts and things necessary and
required by the Constitution and laws of the State of Florida or otherwise, to exist, to have
happened, or to have been performed precedent to and in connection with the execution and
delivery of the Series 2014 Note, and precedent to and in connection with the adoption of this
Resolution, do exist, have happened and have been performed in regular form, time and manner.
SECTION 15. WAIVER OF JURY TRIAL. THE CITY VOLUNTARILY AND
INTENTIONALLY WAIVES THE RIGHT IT MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS RESOLUTION OR THE SERIES 2014 NOTE AND ANY
DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR
6
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ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER
VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY.
SECTION 16. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
ADOPTEDMarch 3, 2014.
CITY OF EDGEWATER, FLORIDA
[SEAL] By:
Michael L. Thomas, Mayor
ATTEST:
Bonnie A. Wenzel, CMC, City Clerk
Approved as to form
By:
Aaron R. Wolfe
City Attorney
Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner
7
4811 8 0 3263_24
41699000S
EXHIBIT "A"
PROPOSAL
(See attached)
A-1
4811-8013-2632 4
43609/0005
EXHIBIT `B"
FORM OF LOAN AGREEMENT
(See attached)
B-1
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43699/0005
EXHIBIT "C"
FORM OF PURCHASER'S CERTIFICATE
This is to certify that Branch Banking and Trust Company (the "Lender") has not
required the City of Edgewater, Florida (the "City") to deliver any offering document or to make
anyfiling with respect to the loan or the Series 2014 Note with EMMA, the Municipal Securities
Rulemaking Board's continuing disclosure site and has conducted its own investigation, to the
extent it deems satisfactory or sufficient, into matters relating to business affairs or conditions
(either financial or otherwise) of the City in connection with the issuance of the not to exceed
$1,300,000 City of Edgewater, Florida, Capital Improvement Revenue Note, Series 2014 (the
"Series 2014Note") and no inference should be drawn that the Lender, in the acceptance of the
Series 2014 Note, is relying on Broad and Cassel ("Series 2014 Note Counsel") or Doran, Sims,
Wolfe, Kundid, Ciocchetti & Wagner ("City Attorney") as to any such matters other than the
legal opinions rendered by Series 2014 Note Counsel and by the City Attorney. Any capitalized
undefined terms used herein not otherwise defined shall have the meaning set forth in Resolution
No. 2014-R-05, duly adopted by the City on March3, 2014 (collectively, the "Resolution").
We acknowledge and understand that the Resolution is not being qualified under the
Trust Indenture Act of 1939, as amended (the "1939 Act"), and is not being registered in reliance
upon the exemption from registration under Section 3(a)(2) of the Securities Act of 1933,
Section 517.051(1), Florida Statutes, and/or Section 517.061(7), Florida Statutes, and that neither
the City, Series 2014 Note Counsel nor the City Attorney shall have any obligation to effect any
such registration or qualification. We acknowledge that no CUSIP numbers or credit ratings
have been obtained with respect to the Note.
We acknowledge and understand that the Series 2014 Noteis issued in a single
denomination equal to the aggregate principal amount of the Series 2014 Note and may not be
transferred except in whole and will not be transferred to any kind of trust under any
circumstances. We further represent that we do not currently intend to syndicate the Series 2014
Note.
We are not acting as a broker or other intermediary, and are purchasing the Series 2014
Note as an investment for our own account and not with a present view to a resale or other
distribution to the public.
We are a bank as contemplated by Section 517.061(7), Florida Statutes. We are not
purchasing the Series 2014 Note for the direct or indirect promotion of any scheme or enterprise
with the intent of violating or evading any provision of Chapter 517, Florida Statutes.
C-I
4811-801i-2632 4
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We are an "accredited investor" as such term is defined in the Securities Act of 1933, as
amended, and Regulation D thereunder.
DATED this 5th day of March, 2014.
BRANCH BANKING AND TRUST COMPANY
By:
Name: Michael C. Smith
Title: Vice President
C-2
4811-8013-2632 4
41699:0005
EXHIBIT "D"
FORM OF DISCLOSURE LETTER
The undersigned, as purchaser, proposes to negotiate with the City of Edgewater, Florida
(the "City") for the purchase of its Capital Improvement Revenue Note, Series 2014 (the "Note")
in the principal amount of $ . Prior to the award of the Note, the following
information is hereby furnished to the City:
1. Set forth is an itemized list of the nature and estimated amounts of expenses to be
incurred for services rendered to us (the "Purchaser") in connection with the issuance of the Note
(such fees and expenses to be paid by the City):
Purchaser Counsel Fees -- $
2. (a) (a) No other fee, bonus or other compensation is estimated to be paid by
the Purchaser in connection with the issuance of the Note to any person not regularly employed
or retained by the Purchaser (including any "finder" as defined in Section 218.386(1)(a), Florida
Statutes), except as specifically enumerated as expenses to be incurred by the Purchaser, as set
forth in paragraph (1) above.
(b) No person has entered into an understanding with the Purchaser, or to the
knowledge of the Purchaser, with the City, for any paid or promised compensation or valuable
consideration, directly or indirectly, expressly or implied, to act solely as an intermediary
between the City and the Purchaser or to exercise or attempt to exercise any influence to effect
any transaction in the purchase of the Note.
3. The amount of the underwriting spread expected to be realized by the Purchaser is
$0.
4. The management fee to be charged by the Purchaser is $0.
5. Truth-in-Bonding Statement:
The Note is being issued primarily to finance those certain Project, as defined in
Resolution No. 2014-R-05, adopted by the City Council of the City on March 3, 2014 (the
"Resolution").
Unless earlier redeemed, the Note is expected to be repaid at the end of approximately ten
(10) years. At an interest rate (TIC) of % with total interest paid over the life of the Note,
interest is estimated to be $
The Note will be payable solely from Non-Ad Valorem Revenues as described in
D-1
4813-8013-?6324
43699;0005
theResolution. See the Resolution for a definition of Non-Ad Valorem Revenues. Based on the
above assumptions, issuance of the Note is estimated to result in an annual amount of
$ or less of Non-Ad Valorem Revenues of the City not being available to finance the
services of the City during the life of the Note.
6. The name and address of the Purchaser is as follows:
Branch Banking and Trust Company
5130 Parkway Plaza Boulevard
Building No. 9
Charlotte, North Carolina 28217
Attn: Account Administration/Municipal
IN WITNESS WHEREOF, the undersigned has executed this Disclosure Statement on
behalf of the Purchaser this day of March, 2014.
BRANCH BANKING AND TRUST COMPANY
By:
Name: Michael C. Smith
Its: Vice President
D-2
4813.8013-26124
41699 0005
LOAN AGREEMENT
Dated as of March _, 2014
By and Between
THE CITY OF EDGEWATER, FLORIDA
(the "City")
AND
BRANCH BANKING AND TRUST COMPANY
(the "Bank")
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Table of Contents
Page
ARTICLE I DEFINITION OF TERMS 1
Section 1.01 Definitions 1
Section 1.02 Interpretation 3
Section 1.03 Titles and Headings 3
ARTICLE II REPRESENTATIONS AND WARRANTIES OF THE PARTIES 3
Section 2.01 Representations and Warranties of City 3
Section 2.02 Representations and Warranties of Bank 4
ARTICLE III THE NOTE 4
Section 3.01 The Note 4
Section 3.02 Compliance with Section 215.84 4
Section 3.03 Conditions Precedent to Purchase of Note 5
Section 3.04 Registration of Transfer; Assignment of Rights of Bank 6
Section 3.05 Ownership of the Note 7
Section 3.06 Use of Proceeds of Note Permitted Under Applicable Law 7
Section 3.07 Prepayment Option 8
ARTICLE IV COVENANTS OF THE CITY 8
Section 4.01 Performance of Covenants 8
Section 4.02 Payment of the Note 8
Section 4.03 Pledged Revenues 8
Section 4.04 Tax Covenant 8
Section 4.05 Budget and Other Financial Information 9
Section 4.06 Insurance Covenant 9
ARTICLE V EVENTS OF DEFAULT AND REMEDIES 9
Section 5.01 Events of Default 9
Section 5.02 Exercise of Remedies 10
Section 5.03 Remedies Not Exclusive 11
Section 5.04 Waivers, Etc 11
Section 5.05 Waiver of Jury Trial 11
ARTICLE VI MISCELLANEOUS PROVISIONS 11
Section 6.01 Covenants of City, Etc.; Successors 11
Section 6.02 Term of Agreement 11
Section 6.03 Notice of Changes in Fact 12
Section 6.04 Amendments and Supplements 12
Section 6.05 Notices 12
Section 6.06 Benefits Exclusive 12
Section 6.07 Severability 12
Section 6.08 Payments Due on Saturdays, Sundays and Holidays 13
Section 6.09 Counterparts 13
Section 6.10 Applicable Law 13
Section 6.11 No Personal Liability 13
Section 6.12 Incorporation by Reference 13
EXHIBIT A FORM OF NOTE
EXHIBIT B FORM OF REQUISITION
ii
LOAN AGREEMENT
This LOAN AGREEMENT (the "Agreement"), made and entered into this day of
March, 2014, by and between THE CITY OF EDGEWATER, FLORIDA (the "City"),
political subdivision created and existing pursuant to the Constitution of the laws of the State of
Florida, and BRANCH BANKING AND TRUST COMPANY, a North Carolina state banking
corporation and/or its successors or assigns (the "Bank").
WITNESSETH:
WHEREAS, capitalized terms used in these recitals and not otherwise defined shall have
the meanings specified in Article I of this Agreement; and
WHEREAS, the City, pursuant to Article III, Section 2 of the Constitution of the State of
Florida Chapter 166, Florida Statutes, as amended and supplemented, the Charter of the City, and
any other applicable provisions of law (all of the foregoing, collectively, the "Act"), and
Resolution No. 2014-R-05, adopted by the City on March 3, 2014, subject to certain limitations,
is authorized to borrow money, issue bonds, notes or other obligations to finance and/or
refinance the Project; and
WHEREAS, the City has requested proposals for the financing and/or refinancing of the
Project and has determined that the proposal from the Bank contains the terms most favorable to
the City;
WHEREAS, the Bank has agreed to purchase the City's Capital Improvement Revenue
Note, Series 2014 in the aggregate principal amount of$1,300,000 upon the terms and conditions
of this Agreement;
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
DEFINITION OF TERMS
Section 1.01 Definitions. Capitalized terms used in this Agreement and not otherwise
defined shall have the respective meanings as follows:
"Act" shall have the meaning assigned to that term in the recitals hereof.
"Agreement" shall mean this Loan Agreement and all modifications, alterations,
amendments and supplements hereto made in accordance with the provisions hereof.
"Bank" shall mean Branch Banking and Trust Company, a North Carolina state banking
corporation and/or its successors or assigns.
"Business Day" shall mean any day other than a Saturday, a Sunday, or a day on which
the Payment Office of Bank is lawfully closed.
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"City" shall mean the City of Edgewater, Florida, a municipal corporation.
"Code" shall mean the Internal Revenue Code of 1986, as amended from time to time,
and the applicable rules and regulations promulgated thereunder.
"Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service
of a statutory notice of deficiency or other written notification which holds in effect that the
interest payable on the Note is includable for federal income tax purposes in the gross income of
the Noteholder or that the Note is not a "qualified tax exempt obligation" under Section
265(b)(3) of the Code, which notice or notification is not contested by either the City or the
Noteholder, or (ii) a determination by a court of competent jurisdiction that the interest payable
on the Note is includable for federal income tax purposes in the gross income of the Noteholder
or that the Note is not a "qualified tax exempt obligation" under Section 265(b)(3) of the Code,
which determination either is final and non-appealable or is not appealed within the requisite
time period for appeal, or (iii) the admission in writing by the City to the effect that interest on
the Note is includable for federal income tax purposes in the gross income of the Noteholder or
that the Note is not a"qualified tax exempt obligation" under Section 265(b)(3) of the Code.
"Event of Default" shall mean an Event of Default as defined in Section 5.01 of this
Agreement.
"Final Maturity Date" shall mean the date on which all principal and all unpaid interest
accrued on the Note shall be due and payable in full, which date shall be, if not sooner due to
acceleration or prepayment, March 1, 2024.
"Fiscal Year" shall mean the twelve month period commencing October 1 of each year
and ending on the succeeding September 30, or such other twelve month period as the City may
designate as its "fiscal year" as permitted by law.
"Non-Ad Valorem Revenues" shall mean amounts budgeted and appropriated by the City
in its annual budget from revenues of the City not derived from ad valorem taxation and which
are lawfully available to be used to pay debt service on amounts due under this Agreement as the
same shall become due, all as more particularly set forth in the Resolution.
"Note" shall mean the City's $1,300,000 Capital Improvement Revenue Note, Series
2014, issued pursuant to the Resolution and this Agreement.
"Note Counsel" shall mean, initially, Broad and Cassel, Orlando, Florida or any other
attorney at law or firm of attorneys of nationally recognized standing in matters pertaining to the
federal tax exemption of interest on obligations issued by states and political subdivisions as
approved by the City.
"Note Rate" shall mean a fixed rate of 2.41% per annum.
"Noteholder" shall mean the Bank as the holder of the Note and any subsequent
registered holder of the Note.
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"Pledged Revenues" means, collectively: (i) all of the proceeds of the Note pending the
application thereof; and (ii) Non-Ad Valorem Revenues budgeted and appropriated as provided
in this Resolution.
"Project" shall mean those certain capital improvements which will be financed with the
proceeds of the Series 2014 Note, including (a) certain capital improvements to be made to the
stormwater facilities owned by the City located at (i) 26th Street and Juniper Drive, (ii) Hart
Avenue, and (iii) Monson Drive and Riverview Drive, (b) a Vac Con Truck and a Fire Engine to
be owned by the City, (c) certain capital improvements associated with the acquisition of a web
portal and Interactive Voice Response (IVR) Interface for utility permits and citations, and (d) to
the extent of any excess funds of the City such additional capital improvements as shall be
determined by the City.
"Resolution" shall mean Resolution No. 2014-R-05 adopted by the City on March 3,
2014, which, among other things, authorized the execution and delivery of this Agreement and
the issuance of the Note.
"Taxable Rate" means the rate after the Determination of Taxability that will result in the
same after-tax yield to the Bank as before said Determination of Taxability.
Section 1.02 Interpretation. Unless the context clearly requires otherwise, words of
masculine gender shall be construed to include correlative words of the feminine and neutral
genders and vice versa, and words of the singular number shall be construed to include
correlative words of the plural number and vice versa. Any capitalized terms used in this
Agreement not herein defined shall have the meaning ascribed to such terms in the Resolution.
This Agreement and all the terms and provisions hereof shall be construed to effectuate the
purpose set forth herein and to sustain the validity hereof.
Section 1.03 Titles and Headings. The titles and headings of the Articles and Sections
of this Agreement, which have been inserted for convenience of reference only and are not to be
considered a part hereof, shall not in any way modify or restrict any of the terms and provisions
hereof, and shall not be considered or given any effect in construing this Agreement or any
provision hereof or in ascertaining intent, if any question of intent should arise.
ARTICLE II
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
Section 2.01 Representations and Warranties of City. The City represents and
warrants to the Bank as follows:
(a) Existence. The City is a political subdivision of the State of Florida, duly created
and validly existing under the laws of the State of Florida, with full legal right, power and
authority to adopt the Resolution, to enter into this Agreement, to perform its obligations
hereunder and to issue and deliver the Note to the Bank. The making, execution and
performance of this Agreement on the part of the City and the issuance and delivery of the Note
have been duly authorized by all necessary action on the part of the City and will not violate or
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conflict with the Act, or any agreement, indenture or other instrument by which the City or any
of its material properties is bound.
(b) Validity, Etc. This Agreement, the Note and the Resolution are valid and binding
obligations of the City enforceable against the City in accordance with their respective terms,
except to the extent that enforceability may be subject to valid bankruptcy, insolvency, financial
emergency, reorganization, moratorium or similar laws relating to or from time to time affecting
the enforcement of creditors' rights and except to the extent that the availability of certain
remedies may be precluded by general principles of equity.
(c) No Financial Material Adverse Change. Except as noted in the financial
statements, letters to the City's auditors, or as disclosed separately by the City to Bank, there are
no actions, proceedings or investigations pending against the City or affecting the City (or any
basis therefor known to the City) which, either in any case or in the aggregate, are likely to result
in any material adverse change in the financial condition, business, prospects, affairs or
operations of the City, or in any material impairment of the right or ability of the City to carry on
its operations as now conducted or proposed to be conducted, or in any material liability on the
part of the City and none which questions the validity of this Agreement, the Note or the
Resolution or of any action taken or to be taken in connection with the transactions contemplated
hereby or thereby.
(d) Powers of City. The City has the legal power and authority to pledge the Pledged
Revenues to the repayment of the Note as described herein.
Section 2.02 Representations and Warranties of Bank. The Bank represents and
warrants to the City as follows:
(a) Existence. The Bank is a North Carolina state banking corporation, with full
power to enter into this Agreement, to perform its obligations hereunder and to purchase the
Note.
(b) Validity. This Agreement is a valid and binding obligation of the Bank
enforceable against the Bank in accordance with its terms, except to the extent that enforceability
may be subject to valid bankruptcy, insolvency, financial emergency, reorganization, moratorium
or similar laws relating to or from time to time affecting the enforcement of creditors' rights (and
specifically creditors' rights as the same relate to national banks) and except to the extent that the
availability of certain remedies may be precluded by general principles of equity.
ARTICLE III
THE NOTE
Section 3.01 The Note. The Note shall be in the form set forth as Exhibit "A" to this
Agreement.
Section 3.02 Compliance with Section 215.84. The City represents, warrants, and
covenants that the Note Rate, as currently calculated in accordance with Section 215.84, Florida
Statutes, is in compliance with Section 215.84, Florida Statutes.
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Section 3.03 Conditions Precedent to Purchase of Note. Prior to or simultaneously
with the delivery of the Note by the City there shall be filed with the Bank the following, each in
form and substance reasonably acceptable to the Bank:
(a) an opinion of the City's counsel, relying on representations from the City and its
officials, employees and agents without independent review by the City's counsel, to the City and
the Bank for the exclusive reliance by the addressees, to the effect that (i) the Resolution has
been duly adopted and this Agreement has been duly authorized, executed and delivered by the
City and each constitutes a valid, binding and enforceable agreement of the City in accordance
with its terms, except to the extent that the enforceability of the rights and remedies set forth
herein may be limited by bankruptcy, insolvency, financial emergency or other laws affecting
creditors' rights generally or by usual equity principles; (ii) the City's execution, delivery and
performance of this Agreement and execution and issuance of the Note are not subject to any
authorization, consent, approval or review of any other governmental body, public officer or
regulatory authority not heretofore obtained or effected; (iii) the execution, issuance and delivery
of the Note have been duly and validly authorized by the City, and the Note constitutes a valid
and binding special obligation of the City enforceable in accordance with its terms; (iv) the City
(A) is a municipal corporation duly organized and validly existing under the laws of the State of
Florida, and (B) has power and authority to execute and deliver this Agreement to consummate
the transactions contemplated hereby; (v) the execution, delivery and performance of the Note
and this Agreement, and compliance with the terms thereof and hereof, under the circumstances
contemplated hereby, do not and will not in any material respect conflict with, or constitute on
the part of the City a breach or default under, any indenture, mortgage, deed of trust, agreement
or other instrument to which the City or to which its properties are subject or conflict with,
violate or result in a breach of any existing law, administrative rule or regulation, judgment,
court order or consent decree to which the City or its properties are subject; (vi) to the best of
such counsel's knowledge, there is no claim, action, suit, proceeding, inquiry, investigation,
litigation or other proceeding, at law or in equity, pending or threatened in any court or other
tribunal, state or federal (A) restraining or enjoining, or seeking to restrain or enjoin, the
issuance, sale, execution or delivery of the Note, (B) in any way questioning or affecting the
validity or enforceability of any provision of this Agreement, the Note, or the Resolution, (C) in
any way questioning or affecting the validity of any of the proceedings or authority for the
authorization, sale, execution or delivery of the Note, or of any provision made or authorized for
the payment thereof, or (D) questioning or affecting the organization or existence of the City or
the right of any of its officers to their respective offices; (vii) the City has the legal power to
pledge the Pledged Revenues to the repayment of the Note as described in the Resolution; and
(viii) all conditions contained in the ordinances and resolutions of the City precedent to the
issuance of the Note have been complied with.
City counsel will not render an opinion concerning the Determination of Taxability of
this Agreement and the Note; the Federal and State of Florida tax-exempt status of the interest
income and documentary taxes arising from this Agreement, the Note and this transaction; and
any matters assigned to Note Counsel pursuant to this Agreement. The opinion of the City
counsel will be based on the facts in existence and laws in effect on the date of the opinion letter
and will disclaim any obligation to update the opinion regardless of whether changes in such
facts or laws come to the counsel's attention after the delivery hereof. The opinion will be
limited to the law of the State of Florida and will not express an opinion with respect to the laws
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of any other state or jurisdiction and will not render an opinion concerning securities laws of the
State of Florida and the Federal government. The opinion of the City counsel will assume that
the execution, delivery and performance of the loan documents are within the power of the Bank,
and will not violate or result in a breach of any term or provision of any agreement, judgment,
non-Florida Statute, decree or administrative order to which the Bank is subject and will assume
that the loan documents, in the exact form as reviewed by the City counsel, will be duly
authorized, completed, executed and delivered by the City and the Bank.
(b) an opinion of Note Counsel stating that such counsel are of the opinion that: (i)
assuming compliance by the City with certain covenants relating to requirements contained in
the Code (a) interest on the Note is excluded from gross income for purposes of federal income
taxation, and (b) interest on the Note is not an item of tax preference for purposes of the federal
alternative minimum tax imposed on individuals and corporations; however, with respect to
corporations (as defined for federal income tax purposes), such interest is taken into account in
determining adjusted current earnings for the purpose of computing the alternative minimum tax
imposed on such corporations, (ii) the Note is a "qualified tax-exempt obligation" within the
meaning of Section 265(b)(3) of the Code.
(c) a copy of a completed and executed Form 8038-G to be filed with the Internal
Revenue Service by the City; and
(d) such other documents as the Bank reasonably may request (including, without
limitation, appropriate executed Florida Division of Bond Finance forms).
When the documents and items mentioned in clauses (a) through (d), inclusive, of this
Section shall have been filed with the Bank, and when the Note shall have been executed as
required by this Agreement, and all conditions of the Resolution have been met, the City shall
deliver the Note to or upon the order of the Bank, but only against and upon the City's receipt of
the purchase price of the Note, in cash or by wire transfer in the City's discretion.
Section 3.04 Registration of Transfer; Assignment of Rights of Bank. The City
shall keep at the office of the City Clerk in the City's records the registration of the Note and the
registration of transfers of the Note as provided in this Agreement. Subject to the restriction set
forth in the fourth paragraph of this Section, the transfer of the Note may be registered only upon
the books kept for the registration of the Note and registration of transfer thereof upon surrender
thereof to the City together with an assignment duly executed by the Bank or its attorney or legal
representative in the form of the assignment set forth on the form of the Note attached as Exhibit
A to this Agreement; provided, however, that the Note may be transferred only in whole and not
in part. In the case of any such registration of transfer, the City shall execute and deliver in
exchange for the applicable Note a new Note registered in the name of the transferee. In all
cases in which the Note shall be transferred hereunder, the City shall execute and deliver at the
earliest practicable time a new Note in accordance with the provisions of this Agreement. The
City may make a charge for every such registration of transfer of the Note sufficient to reimburse
it for any tax or other governmental charges required to be paid with respect to such registration
of transfer, but no other charge shall be made for registering the transfer hereinabove granted.
The Note shall be issued in fully registered form and shall be payable in any coin or currency of
the United States.
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The registration of transfer of the Note on the registration books of the City shall be
deemed to affect a transfer of the rights and obligations of the Bank under this Agreement to the
transferee. Thereafter, such transferee shall be deemed to be the Bank under this Agreement and
shall be bound by all provisions of this Agreement that are binding upon the Bank. The City and
the transferor shall execute and record such instruments and take such other actions as the City
and such transferee may reasonably request in order to confirm that such transferee has
succeeded to the capacity of Bank under this Agreement and the Note.
In the event any Note is mutilated, lost, stolen, or destroyed, the City shall execute a new
Note of like date and denomination as that mutilated, lost, stolen or destroyed, provided that, in
the case of any mutilated Note, such mutilated Note shall first be surrendered to the City, and in
the case of any lost, stolen, or destroyed Note, there first shall be furnished to the City evidence
of such loss, theft or destruction together with an indemnity satisfactory to it.
Nothing in this Agreement or in the Note shall be construed to prohibit the Bank from
granting a participation or participations in the Note to any other bank or banks affiliated with
the Bank or any subsidiary thereof. No such bank participant shall, however, be a registered
holder of any Note or any portion thereof.
Section 3.05 Ownership of the Note. The person in whose name the Note is registered
shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or
on account of such Note shall be made only to the registered owner thereof or such owner's legal
representative. All such payments shall be valid and effectual to satisfy and discharge the
liability upon the Note, and interest thereon, to the extent of the sum or sums so paid.
The registered owner of the Note is hereby granted power to transfer absolute title thereof
by assignment thereof to a bona fide purchaser for value (present or antecedent) without notice
of prior defenses or equities or claims of ownership enforceable against such owner's assignor or
any person in the chain of title and before the maturity of such Note; provided, however, that the
Note may be transferred only in whole and not in part and provided further, that no transfer shall
be permitted absent the City's (and the Bank's) receipt of a letter in form and substance similar to
the one delivered by the Bank pursuant to Section 218.385, Florida Statutes from such proposed
transferee. Every prior registered owner of the Note shall be deemed to have waived and
renounced all of such owner's equities or rights therein in favor of every such bona fide
purchaser, and every such bona fide purchaser shall acquire absolute title thereto and to all rights
represented thereby.
Section 3.06 Use of Proceeds of Note Permitted Under Applicable Law. The City
represents, warrants and covenants that the proceeds of the Note will be used solely to finance
and/or refinance the Project and will be spent in accordance with the terms and provisions
contained in the Tax Certificate executed by the City in connection with the delivery of the Note.
The City shall deposit the proceeds of the Note into a project fund account with the Bank. The
Bank shall invest the proceeds of the Note in a market rate savings account with earnings from
such account accruing to the benefit of the City. The Bank will distribute the proceeds and/or any
earnings upon the Bank's receipt of a requisition from the City, such requisition to be in the form
attached hereto as Exhibit "B".
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Section 3.07 Prepayment Option. The Note shall not be subject to prepayment prior
to March 1, 2016, but thereafter the Note shall be subject to prepayment in whole but not in part,
on any payment date, at the option of the Issuer upon twenty (20) days prior written notice to the
Purchaser, at a prepayment price equal to 100% of the principal amount to be prepaid therafter,
plus interest to the prepayment date. Upon prepayment in full or maturity of the Note,
notwithstanding anything herein or in the Note to the contrary, the Purchaser shall not be
required to surrender or cancel the Note until it has received payment in full of all amounts due
hereunder and under the Note.
ARTICLE IV
COVENANTS OF THE CITY
Section 4.01 Performance of Covenants. The City covenants that it will perform
faithfully at all times its covenants, undertakings and agreements contained in the Resolution,
this Agreement and the Note. The City further covenants to keep accurate records with respect
to the use of proceeds
Section 4.02 Payment of the Note.
(a) The City covenants that it will promptly pay the principal of and interest on the
Note at the place, on the dates and in the manner provided herein and in the Note, in accordance
with the terms thereof. Pursuant to Section 4.03 hereof, the City hereby covenants to budget and
appropriate the Pledged Revenues in sufficient amounts to pay principal and interest on the Note
when due until the repayment in full of the Note to the extent that such funds are lawfully
available.
(b) The Note will be a limited obligation of the City secured solely by the Pledged
Revenues and are payable from the Pledged Revenues as provided in the Resolution and under
this Agreement. The Note will not constitute a general debt, liability or obligation of the City or
the State of Florida or any political subdivision thereof within the meaning of any constitutional
or statutory provision. Neither the faith and credit nor the taxing power of the City or of the
State of Florida or any political subdivision thereof is pledged to the payment of the principal of
or interest on the Note and the Noteholder shall never have the right to compel any exercise of
any ad valorem taxing power of the City or of the State of Florida or any political subdivision
thereof, directly or indirectly to enforce such payment, nor require the City to levy and collect
any particular amount of Pledged Revenues. The Note shall not constitute a lien upon any
property of the City except upon the Pledged Revenues.
Section 4.03 Pledged Revenues. The payment of principal of and interest on the Note
shall be secured equally and ratably by a covenant to budget and appropriate Non-Ad Valorem
Revenues by the City. Pursuant to the Resolution, the City has irrevocably pledged the Pledged
Revenues to the payment of principal of and interest on the Note.
Section 4.04 Tax Covenant. The City covenants to the purchasers of the Note
provided for in this Agreement that the City will not make any use of the proceeds of the Note at
any time during the respective terms of such Note which, if such use had been reasonably
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expected on the date the Note were issued, would have caused such Note to be an "arbitrage
bond" within the meaning of the Code. The City will comply with the requirements of the Code
and any valid and applicable rules and regulations promulgated thereunder necessary to ensure
the exclusion of interest on the Note from the gross income of the holders thereof for purposes of
federal income taxation.
Section 4.05 Budget and Other Financial Information. The City shall:
(a) Within one hundred and eighty (180) days following the end of each Fiscal Year
of the City, provide the Noteholder with a copy of the City's audited financial statements for the
preceding Fiscal Year; and
(b) Provide the Noteholder with a copy of its resolution adopting its annual budget
within thirty (30) days of the adoption of the same, a completed budget book upon the
completion of the same, and such other financial information regarding the City as the
Noteholder may reasonably request.
(c) Pay the reasonable costs and fees of the Bank, including without limitation,
attorneys' fees, in connection with the issuance and purchase of the Note by the Bank.
(d) Take all reasonable legal action within its control in order to maintain its
existence until all amounts due and owing from the City to the Bank under this Agreement and
the Note have been paid in full.
(e) Maintain all books and records and agrees that any and all records of the City
with respect to the Note shall be open to inspection by the Bank or its representatives at
reasonable times at the offices of the City, including financial statements, reports, accountant's
letters, budgets, officers' certificates and any other information reasonably requested by the
Bank.
(f) Promptly inform the Bank in writing of any material events, actual or potential
contingent liabilities or defaults or pending or threatened litigation of any amount that could
reasonably be expected to have a material and adverse effect upon the financial condition of the
City or upon the ability of the City to perform its obligations hereunder and under the Note.
Section 4.06 Insurance Covenant. The Issuer shall furnish to the Noteholder
confirmation of all risk physical damage insurance coverage for the full cost of the property
financed or refinanced with the proceeds of the Note plus one million dollars ($1,000,000)
combined single limit property damage and bodily injury insurance covering the property. The
Bank shall be named as loss payee and additional insured on such coverage.
ARTICLE V
EVENTS OF DEFAULT AND REMEDIES
Section 5.01 Events of Default. Each of the following is hereby declared an "Event of
Default:"
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(a) payment of the principal of and interest on the Note is not made when the same
shall become due and payable; or
(b) the City shall default in the due and punctual performance of any other of the
covenants, conditions, agreements and provisions contained in the Note or in this Agreement and
such default shall continue for thirty (30) days after written notice shall have been received by
the City from the Noteholder specifying such default and requiring the same to be remedied;
provided, however, that if, in the reasonable judgment of the Noteholder, the City shall proceed
to take such curative action which, if begun and prosecuted with due diligence, cannot be
completed within a period of thirty (30) days, then such period shall be increased to such extent
as shall be necessary to enable the City to diligently complete such curative action; or
(c) the filing of a petition by or against the City relating to bankruptcy,
reorganization, arrangement or readjustment of debt of the City or for any other relief relating to
the City under the United States Bankruptcy Code, as amended, or any other insolvency act or
law now or hereafter existing, or the involuntary appointment of a receiver or trustee for the City,
where such event continues for at least 120 days undismissed or undischarged.
(d) The City shall default in the due and punctual payments or performance of
covenants related to (i) any obligation for the payment of money to the Bank or any other
subsidiary or affiliate of Bank or (ii) any obligation for the payment of money in any amount in
excess of$250,000 to any other obligee.
Section 5.02 Exercise of Remedies. Upon the occurrence and during the continuance
of an Event of Default, the Noteholder may, by a notice in writing to the City, declare the
principal of the Note (if not then due and payable) to be immediately due and payable, and upon
such declaration, the same shall be immediately due and payable, anything contained in the Note
or this Agreement to the contrary notwithstanding. Upon the occurrence and during the
continuance of an Event of Default, the Noteholder may proceed to protect and enforce its rights
under the laws of the State of Florida or under this Agreement by such suits, actions or special
proceedings in equity or at law, or by proceedings in the office of any board or officer having
jurisdiction, either for the specific performance of any covenant or agreement contained herein or
in aid or execution of any power herein granted or for the enforcement of any proper legal or
equitable remedy, as the Noteholder shall deem most effective to protect and enforce such rights.
Without limiting the generality of the foregoing, the Noteholder shall have the right to bring a
mandamus action to require the City to perform its obligations under Article IV of this
Agreement.
In the enforcement of any remedy under this Agreement, to the extent permitted by law,
the Noteholder shall be entitled to sue for, enforce payment of and receive any and all amounts
then or during any default becoming, and at any time remaining, due from the City for principal,
interest or otherwise under any of the provisions of this Agreement or of the Note then unpaid,
together with any and all costs and expenses of collection and of all proceedings hereunder and
under the Note (including, without limitation, reasonable legal fees in all proceedings, including
administrative, appellate and bankruptcy proceedings), but payable from the Pledged Revenues,
without prejudice to any other right or remedy of the Noteholder, and to recover and enforce any
judgment or decree against the City, but solely as provided herein and in the Note, for any
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portion of such amounts remaining unpaid and interest, costs, and expenses as above provided,
and to collect (but only from the Pledged Revenues) in any manner provided by law, the monies
adjudged or decreed to be payable.
Section 5.03 Remedies Not Exclusive. No remedy herein conferred upon or reserved
to the Noteholder is intended to be exclusive of any other remedy or remedies herein provided,
and each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder; provided, however, notwithstanding anything to the contrary herein, the
sole and exclusive source of the funds for payment of the Note and all costs, fees, expenses and
other obligations of the City under this Agreement and the Note shall be the Pledged Revenues.
Section 5.04 Waivers, Etc. No delay or omission of the Noteholder to exercise any
right or power accruing upon any default shall impair any such right or power or shall be
construed to be a waiver of any such default or any acquiescence therein; and every power and
remedy given by this Agreement to the Noteholder may be exercised from time to time and as
often as may be deemed expedient.
The Noteholder may waive any default which in its opinion shall have been remedied
before the entry of final judgment or decree in any suit, action or proceeding instituted by it
under the provisions of this Agreement or before the completion of the enforcement of any other
remedy under this Agreement, but no such waiver shall be effective unless in writing and no
such waiver shall extend to or affect any other existing or any subsequent default or defaults or
impair any rights or remedies consequent thereon.
Section 5.05 Waiver of Jury Trial. The parties irrevocably and voluntarily waive any
right they may have to a trial by jury in respect of any dispute hereunder.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Section 6.01 Covenants of City, Etc.; Successors. All of the covenants, stipulations,
obligations and agreements contained in this Agreement shall be deemed to be covenants,
stipulations, obligations and agreements of the City to the full extent authorized or permitted by
law, and all such covenants, stipulations, obligations and agreements shall be binding upon the
successor or successors thereof from time to time, and upon any officer, board, commission,
authority, agency or instrumentality to whom or to which any power or duty affecting such
covenants, stipulations, obligations and agreements shall be transferred by or in accordance with
law.
Section 6.02 Term of Agreement. This Agreement shall be in full force and effect
from the date hereof until the Note and all other sums payable to the Bank hereunder have been
paid in full and shall survive the termination of this Agreement in relation to those provisions
that deal with retroactive cost increases for the Bank in relation to the tax exempt status of the
Note.
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Section 6.03 Notice of Changes in Fact. Promptly after the City becomes aware of the
same, to the extent such materially and substantially impairs the City's ability to honor its
obligations under this Agreement, the City will notify the Bank of (a) any changes in any
material fact or circumstance represented or warranted by the City in this Agreement or in
connection with the issuance of the Note, and (b) any default under this Agreement, specifying in
each case the nature thereof and what action the City has taken, is taking and/or proposes to take
with respect thereto.
Section 6.04 Amendments and Supplements. This Agreement may be amended or
supplemented from time to time only by a writing duly executed by each of the City and the
Noteholders.
Section 6.05 Notices. Any notice, demand, direction, request or other instrument
authorized or required by this Agreement to be given to or filed with the City or the Bank, shall
be deemed to have been sufficiently given or filed for all purposes of this Agreement if and
when sent by certified mail, return receipt requested:
As to the City: City of Edgewater, Florida
Attention: Finance Director
104 N. Riverside Drive
Edgewater, Florida 32132
As to Bank: Branch Banking and Trust Company
Attention: Account Administration/Municipal
5130 Parkway Plaza Blvd., No. 9
Charlotte, NC 28217
Either party may, by notice sent to the other, designate a different or additional address to
which notices under this Agreement are to be sent.
Section 6.06 Benefits Exclusive. Except as herein otherwise provided, nothing in this
Agreement, expressed or implied, is intended or shall be construed to confer upon any person,
firm or corporation, other than the City and the Noteholder, any right, remedy or claim, legal or
equitable, under or by reason of this Agreement or any provision hereof, this Agreement and all
its provisions being intended to be and being for the sole and exclusive benefit of the City and
the Noteholder.
Section 6.07 Severability. In case any one or more of the provisions of this
Agreement, any amendment or supplement hereto or of the Note shall for any reason be held to
be illegal or invalid, such illegality or invalidity shall not affect any other provision of this
Agreement, any amendment or supplement hereto or the Note, but this Agreement, any
amendment or supplement hereto and the Note shall be construed and enforced at the time as if
such illegal or invalid provisions had not been contained therein, nor shall such illegality or
invalidity or any application thereof affect any legal and valid application thereof from time to
time. In case any covenant, stipulation, obligation or agreement contained in the Note or in this
Agreement shall for any reason be held to be in violation of law, then such covenant, stipulation,
12
obligation, or agreement shall be deemed to be the covenant, stipulation, obligation or agreement
of the City to the full extent from time to time permitted by law.
Section 6.08 Payments Due on Saturdays, Sundays and Holidays. In any case where
the date of maturity of interest on or principal of the Note or the date fixed for prepayment of the
Note shall be a day which is not a Business Day, then payment of such interest or principal shall
be made on the next succeeding day which is a Business Day, provided that interest on any such
principal amount shall accrue until payment is received by the Bank.
Section 6.09 Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered, shall be an original; but such
counterparts shall together constitute but one and the same Agreement, and, in making proof of
this Agreement, it shall not be necessary to produce or account for more than one such
counterpart.
Section 6.10 Applicable Law. This Agreement and any other documents related
thereto shall be governed exclusively by and construed in accordance with the applicable laws of
the State of Florida.
Section 6.11 No Personal Liability. Notwithstanding anything to the contrary
contained herein or in the Note, or in any other instrument or document executed by or on behalf
of the City in connection herewith, no stipulation, covenant, agreement or obligation of any
present or future member of the City Council, officer, attorney, employee or agent of the City,
officer, employee or agent of a successor to the City, in any such person's individual capacity,
and no such person, in his or her individual capacity, shall be liable personally for any breach or
non-observance of or for any failure to perform, fulfill or comply with any such stipulations,
covenants, agreements, liability, debt,judgment or obligations, nor shall any recourse be had for
the payment of the principal of or interest on any Note or for any claim based thereon or on any
such stipulation, covenant, agreement, liability, debt, judgment or obligation, against any such
person, in his or her individual capacity, either directly or through the City or any successor to
the City, under any rule or law or equity, statute or constitution or by the enforcement of any
assessment or penalty or otherwise and all such liability of any such person, in his or her
individual capacity, is hereby expressly waived and released.
Section 6.12 Incorporation by Reference. All of the terms and obligations of the
Resolution and the Exhibits hereto are hereby incorporated herein by reference as if all of the
foregoing were fully set forth in this Agreement. All recitals appearing at the beginning of this
Agreement are hereby incorporated herein by reference.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date first set forth herein.
CITY OF EDGEWATER, FLORIDA
[SEAL] By:
Michael L. Thomas, Mayor
ATTEST:
Bonnie A. Wenzel, CMC, City Clerk
BRANCH BANKING AND TRUST COMPANY
By:
Name: Michael C. Smith
Title: Vice President
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EXHIBIT A
FORM OF NOTE
CITY OF EDGEWATER, FLORIDA
CAPITAL IMPROVEMENT REVENUE NOTE,
SERIES 2014
Principal Sum Maturity Date Date of Issuance
$1,300,000 March 1, 2024 March , 2014
KNOW ALL MEN BY THESE PRESENTS that the CITY OF EDGEWATER,
FLORIDA (the "City"), for value received, hereby promises to pay, solely from the Pledged
Revenues described in the within mentioned Agreement, to the order of Branch Banking and
Trust Company, a North Carolina state banking corporation, or its assigns (the "Holder"), at
5130 Parkway Plaza Blvd., #9, Charlotte, NC 28217, or at such other place as the Holder may
from time to time designate in writing (the "Payment Office of the Bank"), the Principal Sum
stated above pursuant to that certain Loan Agreement by and between the Holder and the City,
dated as of March , 2014 (the "Agreement"), together with interest thereon as hereinafter
provided until the Maturity Date (hereinabove defined) or the date the principal amount of this
Note is paid in the manner hereinafter set forth in any coin or currency of the United States of
America which, at the time of payment, is legal tender for the payment of public and private
debts, which payments shall be made to the Holder hereof by check mailed to the Holder at the
address designated in writing by the Holder for purposes of payment or by bank wire or bank
transfer as such Holder may specify in writing to the City or otherwise as the City and the Holder
may agree. Capitalized terms used in this Note and not otherwise defined shall have the
meanings given to them in the Agreement.
This Note shall bear interest at a fixed rate equal to 2.41% per annum, which shall be
calculated on the basis of a 360 day year, consisting of twelve (12) thirty (30) day months,
subject to adjustment as provided herein.
The Holder shall provide to the City such documentation to evidence any adjustment to
the Note Rate and the calculations made in connection therewith. Upon the occurrence of any
Determination of Taxability, as defined in the Agreement, this Note shall bear interest (from the
date when such Determination of Taxability is deemed to have occurred) at the Taxable Rate, as
defined in the Agreement. The Note Rate may also be adjusted as set forth herein and in the
Agreement.
Interest shall be paid semiannually on each March 1 and September 1, commencing
September 1, 2014. Principal shall be paid annually on each March 1, commencing March 1,
2015. On March 1, 2024 the entire unpaid principal and interest described herein shall be due
and payable. The repayment schedule of principal and interest shall be set forth in Schedule I
attached hereto and made a part hereof.
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In the event a Determination of Taxability shall have occurred, the rate of interest on this
Note shall be increased to the Taxable Rate, effective retroactively to the date on which the
interest payable on this Note is includable for federal income tax purposes in the gross income of
the Holder. In addition, the Holder of this Note or any former holders of this Note, as
appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any
arrears in interest that are required to be paid to the United States of America by the Holder or
former holders of this Note as a result of such Determination of Taxability. All such additional
interest, additions to tax, penalties and interest shall be paid by the City within sixty (60) days
following the Determination of Taxability and demand by the Holder.
In the event that interest on this Note during any period becomes partially taxable as a
result of a Determination of Taxability applicable to less than all of this Note, then the interest
rate on this Note shall be increased during such period by an amount equal to: (A-B) x C where:
(A) "A" equals the Taxable Rate (expressed as a percentage);
(B) "B" equals the interest rate on this Note (expressed as a percentage); and
(C) "C" equals the portion of this Note the interest on which has become taxable as
the result of such tax change (expressed as a decimal).
In addition, the Holder or any former holder of this Note, as appropriate, shall be paid an
amount equal to any additions to tax, interest and penalties, and any arrears in interest that are
required to be paid to the United States by the Holder or former holder of this Note as a result of
such Determination of Taxability. All such additional interest, additions to tax, penalties and
interest shall be paid by the City within sixty (60) days following the Determination of
Taxability and demand by the Holder.
Upon the occurrence of an Event of Default (as defined in the Loan Agreement) then the
Bank may declare the entire debt then remaining unpaid hereunder immediately due and payable;
and in any such default and acceleration, the City shall also be obligated to pay (but only from
the Pledged Revenues) as part of the indebtedness evidenced by this Note, all costs of collection
and enforcement hereof, including such fees as may be incurred on appeal or incurred in any
proceeding under bankruptcy laws as they now or hereafter exist, including specifically but
without limitation, claims, disputes and proceedings seeking adequate protection or relief from
the automatic stay.
Any amount payable to the Holder hereunder which is not paid when due shall bear
interest at the "Default Rate." For purposes of this Note, the term "Default Rate" shall mean the
Note Rate plus 2%. The Default Rate shall be determined as of the day immediately following
the date on which any amount payable to the Holder hereunder is not paid when due.
This Note shall bear interest at the Note Rate; provided, however, that if any principal of
or interest on this Note is not paid when due, this Note and any amount so in default shall bear
interest at the Default Rate until such default is cured. Anything provided herein or in this Note
to the contrary notwithstanding, in no event shall this Note bear interest in excess of the
Maximum Rate. In the event the Note Rate exceeds the Maximum Rate, this Note shall continue
to bear interest at the Maximum Rate regardless of the reduction of the Note Rate to a rate less
A-2
than the Maximum Rate until such time as interest shall accrue on this Note in an amount (the
"Excess Interest") that would have accrued thereon had the Note Rate not been limited by the
Maximum Rate. Upon the Maturity Date, in consideration for the limitation of the rate of
interest otherwise payable on this Note, the City shall pay to the Holder a fee equal to the amount
of the unpaid amount of all unpaid deferred Excess Interest.
"Maximum Rate" means the maximum rate of interest permitted for non-rated
governmental bonds as set forth in Section 215.84(3), Florida Statutes, as may be amended from
time to time.
The Note shall not be subject to prepayment prior to March 1, 2016, but thereafter the
Note shall be subject to prepayment in whole but not in part, on any payment date, at the option
of the Issuer upon twenty (20) days prior written notice to the Purchaser, at a prepayment price
equal to 100% of the principal amount to be prepaid thereafter, plus interest to the prepayment
date. Upon prepayment in full or maturity of the Note, notwithstanding anything herein or in the
Agreement to the contrary, the Purchaser shall not be required to surrender or cancel the Note
until it has received payment in full of all amounts due hereunder and under the Agreement.
All payments made by the City hereon shall apply first to accrued interest, then to other
charges due the Holder, and the balance thereof shall apply to the principal amount then due on
this Note.
This Note is authorized to be issued in the outstanding aggregate principal amount equal
to the Principal Sum under the authority of and in full compliance with the Constitution and
statutes of the State of Florida, including, particularly, Article VII, Chapter 166, Part II, Florida
Statutes, as amended and supplemented, and other applicable provisions of law, the City's
Resolution No. 2014-R-05 adopted March 3, 2014 (the "Resolution"), and is subject to all terms
and conditions of said Resolution and the Agreement. Any term used in this Note and not
otherwise defined shall have the meaning ascribed to such term in the Resolution or the
Agreement, as the case may be.
The principal of and interest on this Note do not constitute a general obligation or
indebtedness of the City, and the Holder shall never have the right to require or compel the levy
of taxes on any property of or in the City for the payment of the principal of and interest on or
for any other matter under or relating to this Note. The principal of and interest on this Note are
not secured by a lien upon any property of or in the City, but are secured solely by the Pledged
Revenues in the manner provided herein and in the Agreement. Reference is made to the
Agreement for the provisions relating to the security for payment of this Note and the duties and
obligations of the City hereunder.
The City has designated this Note as a "qualified tax-exempt obligation" pursuant to
Section 265(b)(3) of the Code.
Notwithstanding any provision in this Note to the contrary, in no event shall the interest
contracted for, charged or received in connection with this Note (including any other costs or
considerations that constitute interest under the laws of the State of Florida which are contracted
for, charged or received) exceed the maximum rate of nonusurious interest allowed under the
A-3
State of Florida as presently in effect and to the extent an increase is allowable by such laws, but
in no event shall any amount ever be paid or payable by the City greater than the amount
contracted for herein. In the event the maturity of this Note is accelerated or prepaid in
accordance with the provisions hereof, then such amounts that constitute payments of interest,
together with any costs or considerations which constitute interest under the laws of the State of
Florida, may never exceed an amount which would result in payment of interest at a rate in
excess of that permitted by Section 215.84(3), Florida Statutes, as presently in effect and to the
extent an increase is allowable by such laws; and excess interest, if any, shall be cancelled
automatically as of the date of such acceleration, or, if theretofore paid, shall be credited on the
principal amount of this Note unpaid, but such crediting shall not cure or waive any default
under the Agreement or Resolution.
THIS NOTE, WHEN DELIVERED BY THE CITY PURSUANT TO THE TERMS OF
THE AGREEMENT AND THE RESOLUTION, SHALL NOT BE OR CONSTITUTE AN
INDEBTEDNESS OF THE CITY OR THE STATE OF FLORIDA (THE "STATE"), WITHIN
THE MEANING OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER
LIMITATIONS OF INDEBTEDNESS, BUT SHALL BE PAYABLE SOLELY FROM THE
PLEDGED REVENUES, AS PROVIDED IN THE AGREEMENT AND THE RESOLUTION.
THE HOLDER SHALL NEVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF THE
AD VALOREM TAXING POWER OF THE CITY OR THE STATE, OR TAXATION IN ANY
FORM OF ANY PROPERTY THEREIN TO PAY THIS NOTE OR THE INTEREST
THEREON.
The City hereby waives presentment, demand, protest and notice of dishonor. This Note
is governed and controlled by the Agreement and reference is hereby made thereto regarding
interest rate adjustments, acceleration, and other matters.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the City Council of the City of Edgewater, Florida has caused this
Note to be executed in its name by the manual signature of its Mayor and attested by the manual
signature of its City Clerk, and its seal to be impressed hereon, and this Note to be dated the Date
of Issuance set forth above.
CITY OF EDGEWATER, FLORIDA
[SEAL] By:
Michael L. Thomas, Mayor
ATTEST:
Bonnie A. Wenzel, CMC, City Clerk
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
(please print or typewrite name, address and tax identification number of assignee)
the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints
(Name of Attorney)
to transfer the within Note on the books kept for registration thereof, with full power of
substitution in the premises.
Name of Noteholder:
By:
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EXHIBIT B
FORM OF REQUISITION
A-6
Schedule I
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AGENDA REQUEST
NO NAME-SA-1401
Date: February 19, 2014
PUBLIC
HEARING March 3, 2014 RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION
James Kelly, applicant for No Name Saloon,located at 2001 S.Ridgewood Avenue is requesting
a Special Activities permit for Bike Week 2014 events with outdoor music to be held March 7
through March 16, 2014.
BACKGROUND
The event is scheduled to be held March 7 through March 16, 2014,with the hours of operation
being from 10:00 a.m. to 3:00 a.m., outdoor entertainment will be provided from 12:00 p.m. to
10:00 p.m. No amplified public address system will be permitted after 10:00 p.m. each day.
The applicant will be responsible for any law enforcement and other expenses the City incurs
during this event. Property owners within 500-feet have been notified of the public hearing.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends approval of the
special activities permit to allow No Name Saloon to hold Bike Week 2014 activities with
outdoor music from March 7 through March 16, 2014, based on following conditions:
1. All gates must remain unlocked for emergency ingress/egress;
2. Access must remain open to the rear of the building to allow emergency vehicle access to
open area on the south side of the business;
3. The fire hydrant on Boston Road may not be obstructed in any way, which would
prevent immediate access for its use;
4. The occupant load of the assembly area may never be exceeded;
5. No parking shall be permitted within the U.S. Highway 1 right-of-way. No parking
shall be permitted within the Boston Road right-of-way. These areas shall be clearly
marked (i.e. taped off) and kept free from vehicle encroachment at all times. Parking
along U.S. Highway 1 must be east of the western wall of the main building;
6. Daily fire, life safety and code inspections will be conducted throughout the duration of
the permit;
7. The applicant fully complies with Section 21-37 (Special Activity Requirements) of
the Land Development Code and Article II (Noise) of Chapter 10 (Health and
Sanitation) of the Code of Ordinances;
8. The applicant shall provide "Heavy Traffic Ahead" signs;
9. No outdoor amplified public address system shall be in use after 10:00 p.m.;
10. Vendor Information sheets must be completed for all vendors and submitted to this
office prior to the permit being issued;
11. No parking is permitted in public right-of-ways or in the site visibility triangle;
12. Uniformed police detail officers shall be present during heavy attendance days to
facilitate safe crossing of U.S. Highway 1. Additional officers should be added if
attendance exceeds the capability of officers to handle flow or if pedestrian safety issues
arise;
13. U.S. Hwy 1 must be coned in front of the business to slow traffic and prevent accidents;
14. Motorcycle parking along U.S. Highway 1 is not permitted and all vehicles must be
moved to off-site areas for safety reasons. Signage prohibiting parking along roadway
and enforcement action to support such shall be in place.
15. Informational signage used to direct vehicle traffic,parking or pedestrian traffic should
be professionally manufactured using reflective type material for dark conditions.
ACTION REQUESTED
Motion to approve the special activities permit to allow No Name Saloon to hold Bike Week
2014 activities with outdoor music from March 7 through March 16, 2014 based on staffs
recommendations.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respe i . ully Sub ted By: Concurrence:
1.1 k_1_,1 IE'
Darre Lear , Robin Matusick
Development Services Director Paralegal
At 4o,
race . Barlow
City anager
SPECIAL ACTIVITY PERMIT
NO NAME SALOON
2001 S. RIDGEWOOD AVENUE
EDGEWATER, FLORIDA 32132
APPLICANT: James Kelly
FUNCTION: Bike Week 2014 Event
SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activity Permit has been issued for No Name Saloon—Bike Week 2014 event
to be held March 7, 2014 through March 16, 2014, with the hours of operation being from
10:00 a.m. to 3:00 a.m. Outdoor amplified public address system shall be permitted from
12:00 p.m. until 10:00 p.m. (10 days at $200.00 per day Fee of$2,000.00 paid).
2. All conditions of the City's Code of Ordinances, nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the
activity.
3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and
shall comply with parking requirements for that use.
4. A description of adequate provisions for parking will be supplied in advance to the
Development Services Department for staff review. Applicant must obtain written
permission from all property owners granting authorization to use their property for this
event, including use for parking facilities. Applicant will supply adequate manpower for
parking vehicles during the event.
5. Applicant shall provide the City Clerk with a bond or an insurance policy to protect City
from liability in form and substance acceptable to City of at least $500,000 if no on-site
alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is
permitted and/or pyrotechnics are proposed to indemnify and hold the City harmless of any
and all liabilities. Applicant will also sign a Hold Harmless Agreement.
6. Sanitary facilities must be adequate for expected attendance and remain on site for the
duration of the event including potable water, if necessary.
7. No parking is permitted in public right-of-ways or in the site visibility triangle (Exhibit
`A')
8. The City shall provide scheduled and unscheduled inspections prior to and/or during the
special activity by police, fire, code compliance, building and/or City administration
representatives to monitor and ensure compliance with all applicable City, County and
State codes. Special activity permits that include outdoor entertainment may require code
compliance, police, and/or fire department personnel to remain on site during the activity.
The cost of said personnel shall be reimbursed to the City by the sponsor/promoter.
Appropriate State of Florida agencies are responsible for the inspection of amusement
1
rides and public food preparation facilities.
9. The proposed use will substantially comply with the appropriate Life Safety Code and
Building Code requirements. Plans must be approved by Fire and Police Departments.
10. No signage for advertising the event shall be placed on any public right-of-way. Any signs
used for the event must be permitted and inspected by the Development Services
Department. All signs shall be removed within 1 day of the end of the event.
11. The number of special activities at any given location or address shall not exceed one
10-day period and two 1-day charitable events/activity between the period of January 1st
through June 30th; and one 10-day period and two 1-day charitable events/activity between
the period of July 1st through December 31St. Any exemptions to these requirements must
be approved by City Council. A letter of authorization from property owner must be
supplied to the City.
12. The proposed use is limited to a specific period of time listed on the Special Activity
Application, not to exceed ten days.
13. The proposed use will operate only during the specific daily time period requested on the
application.
14. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
15. It shall be the responsibility of the applicant of the special activity permit to ensure the
structural integrity of all temporary structures erected for special activities. The structures
are to be safe, structurally sound and of adequate capacity to service the number of persons
proposed to use the structure and must be removed with five (5) days of completion of the
special activity. The Building Official and Fire Marshal shall verify such compliance is
obtained.
16. No electrical cords to be placed across driveways or driving lanes.
17. No open flames permitted.
18. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on
site at all times and be readily available. The quantity of fire extinguishers to be determined
by the Fire Department.
19. Access roadways must be maintained at a minimum width of 20 feet.
20. Overnight parking or camping is prohibited.
21. For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
22. Individual vendors must register with the City and food vendors must have proper state
inspections. {Department of Business and Professional Regulations will do inspections
(800-375-6975), fees may be required by the State}
2
23. Applicant is responsible for leaving property clear of all trash, garbage and litter.
24. Any person or entity who shall conduct, operate or maintain a special activity and fails to
obtain a special activity permit shall be ordered to cease and desist and be punished by a fine
of three times the cost of the application fee as well as all associated City fees. No further
special activities shall be authorized until all penalties are current. A repeat offender shall
not be eligible for a special activity permit for a one-year period. A repeat offender is
defined as a sponsor/promoter who violates any of the conditions of the special activity
permit more than one time in a six-month period.
25. The applicant must provide adequate parking for those in attendance.
26. All off site parking will require a traffic detail.
27. A special activity requesting road closures will provide "road closed" signs and barricades.
28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide
"congested area ahead" signs along with an additional generated light system that will
illuminate the area of crossing/congestion.
29. The City shall monitor noise levels to determine if a public nuisance exists. The permit
holder shall comply with the City's determination. Special Activity permit is subject to
revocation if owners fail to comply with noise abatement. Article II (Noise) of Chapter 10
(Health and Sanitation) of the Code of Ordinances shall be upheld. (See Exhibit `B'
attached.)
ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT:
1. All gates must remain unlocked for emergency ingress/egress;
2. Access must remain open to the rear of the building to allow emergency vehicle access to
open area on the south side of the business;
3. The fire hydrant on Boston Road may not be obstructed in any way which would prevent
immediate access for its use;
4. The occupant load of the assembly area may never be exceeded;
5. Daily fire, life safety and code inspections will be conducted throughout the duration of the
permit;
6. The applicant fully complies with Section-21-37 (Special Activity Requirements) of the
Land Development Code and Article II (Noise)of Chapter 10 (Health and Sanitation)of the
Code of Ordinances;
7. The applicant shall provide "Heavy Traffic Ahead" signs;
8. No outdoor amplified public address system shall be in use after 10:00 p.m.;
9. Vendor information sheets must be completed for all vendors and submitted to this office
prior to the permit being issued;
10. No parking is permitted in public right-of-ways or in the site visibility triangle;
11. Uniformed police detail officers shall be present during heavy attendance days to facilitate
safe crossing of U.S. Highway 1. Additional officers should be added if attendance exceeds
3
the capability of officers to handle flow or if pedestrian safety issues arise;
12. U.S. Highway 1 must be coned in front of the business to slow traffic and prevent accidents;
13. Motorcycle parking along U.S. Highway 1 is not permitted and must be moved to off-site
areas for safety reasons. Signage prohibiting parking along roadway and enforcement
action to support such shall be in place.
14. Informational signage used to direct vehicle traffic, parking or pedestrian traffic should be
professionally manufactured using reflective type material for dark conditions.
I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF
ADDITIONAL SERVICES ARE REQUIRED FOR THIS EVENT.
I have read and understand that I must comply with the above conditions.
Signature Date
Permit Reviewed/Approved by:
Police Chief Fire Chief
Permit issued by:
Darren Lear, Development Services Director
Date
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and
Development Services Director
4
EXHIBIT"A"
21-38.03—Site Triangle Requirements
a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet (2 %2") to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
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CORNER LOT
EVISIBIOTY TRIANGLE
EXHIBIT "B"
ARTICLE II -NOISE
Sec. 10-22. General restrictions.
(a) No person shall operate or cause to be operated any source of sound from any
subject parcel in such a manner as to create a noise nuisance or sound level which
exceeds the limits set forth for the use occupancy in Table 1, when measured at
the property boundary of the subject property from which the sound emanates.
(b) Sound or noise emanating from one use occupancy category into another use
occupancy category with a different noise level limit shall not exceed the limits of
the use occupancy category into which the noise is projected.
TABLE 1
Noise Restrictions
Use Occupancy Category Time Sound Level Limit
(dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 50
Special Activity Permit
Hold Harmless Agreement
In consideration for the privileges associated with the NO NAME BIKE WEEK 2014
EVENT SPECIAL ACTIVITY PERMIT, the undersigned agrees that it shall not claim any
damages from the City of Edgewater ("City") in connection with or on account of, and as
between the parties shall be solely responsible for, any injuries or damages arising from the
undersigned's (including their agents, representatives, and employees) participation in their
Special Activity known as BIKE WEEK 2014 EVENT ("Special Activity"). The City provides
no express or implied warranties or representations as to the fitness of the site and the
undersigned assumes all risks in undertaking the Special Activity.
The undersigned shall keep, protect and save the City harmless of any loss, costs or
expenses of any sort and nature and from any liability to any person, natural or artificial, on
account of any damage to any person or property arising from the undersigned's participation in
the Special Activity. The undersigned further agrees to hold harmless from and to indemnify the
City against any and all claims made by anyone injured or otherwise damaged while in or about
the site during the Special Activity. The undersigned further agrees to have sole responsibility
for any costs, penalties, fines or other damages incurred by the City or any other party that are in
any way a result of the undersigned's participation in the Special Activity.
IN WITNESS WHEREOF,this day of , 2014.
WITNESSES JAMES KELLY ON BEHALF
OF NO NAME SALOON
Name:
By/Title:
COUNTY OF VOLUSIA
STATE OF FLORIDA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared
, who is duly authorized to execute this document on
behalf of , is personally known to me or has produced
as identification and who executed the foregoing instrument
and acknowledged before me that he/she executed same. WITNESS my hand and official seal
in the County and State last aforesaid this day of , 2014.
(Seal/Stamp) Notary Public
(Commission Expiration Date) State of Florida at Large
(Forms/Indemnification-SpecialActivityPermit-2010)
AGENDA REQUEST
Date: February 5, 2014
PUBLIC
HEARING RESOLUTIONS ORDINANCE
BOARD OTHER
APPOINTMENT March 3, 2014 CONSENT BUSINESS
ITEM DESCRIPTION:
Appointment of Nikki Hughart to the Citizen Code Enforcement Board to fill vacancy created by
Linda Johnson.
BACKGROUND:
The Edgewater Citizen Code Enforcement Board has one open position for Board members. The
term of Linda Johnson will expire on January 8, 2015. Nikki Hughart has expressed an interest in
serving on the Board. Membership of the Edgewater Citizen Code Enforcement Board consists
of seven(7)members appointed by Council.
STAFF RECOMMENDATION:
Staff recommends the City Council fill the vacancy on the Board.
ACTION REQUESTED:
Motion to appoint a member to the Edgewater Citizen Code Enforcement Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR NA
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: N/A AGENDA ITEM NO.:
Re 1' ly submitted
%
ontella Jackson,•.rd Coordinator
Citizen Code Enf•. ement Board
Agenda.request.form.rev.2/16/2000
Sb
AGENDA REQUEST
Date: February 5, 2014
PUBLIC
HEARING RESOLUTIONS ORDINANCE
BOARD OTHER
APPOINTMENT 03/03/14 CONSENT BUSINESS
ITEM DESCRIPTION:
Request for re-appointment to the Edgewater Library Board due to the term of Mary Person expiring
on December 6, 2013.
BACKGROUND:
Mary Person was appointed to the Library Board on January 26, 2009 to fill the remaining term of
Delores Shaw. Her current term expired December 6, 2013 and she is requesting reappointment.
STAFF RECOMMENDATION:
At the February 4, 2014 meeting of the Library Board, they unanimously voted to recommend the
City Council reappoint Mary Person for another three-year term.
ACTION REQUESTED:
Motion to reappoint Mary Person for another three-year term to the Edgewater Library Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted,
Lisa Bloomer
Library Board Board Coordinator
:lb
Attachment
c:<)3//,/ u /0. 7` 0(
301 Schooner Avenue
Edgewater, FL 32141
February 4, 2014
Community Board
Edgewater Public Library
To the Members of the Board:
I have been a member of the Board since 2009 and I would
consider it an honor and privilege to continue in that capacity.
Our board serves a community need in supporting our library
and seeing it grow and flourish. I hope that I have played a part
in that effort. Please accept this letter as my desire to continue
to serve on the Edgewater Library Board.
Sincerely,
e.
Mary E. Person
AGENDA REQUEST
Date: February 5, 2014
PUBLIC
HEARING RESOLUTIONS ORDINANCE
BOARD OTHER
APPOINTMENT 03/03/14 CONSENT BUSINESS
ITEM DESCRIPTION:
Request for re-appointment to the Edgewater Library Board due to the term of Larry Middleton
expiring on December 6, 2013.
BACKGROUND:
Larry Middleton was appointed to the Library Board on November 1, 2010. His current term expired
on December 6, 2013 and he is requesting reappointment.
STAFF RECOMMENDATION:
At the February 4, 2014 meeting of the Library Board, they unanimously voted to recommend the
City Council reappoint Larry Middleton for another three-year term.
ACTION REQUESTED:
Motion to reappoint Larry Middleton for another three-year term to the Edgewater Library Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully submitted,
isa Ioomer
Library Board Board Coordinator
:lb
Attachment
/ J /c,c3prYTh
Larry W. Middleton
3433 Woodland Drive
Edgewater, FL 32141
January 31, 2014
City Council
City of Edgewater
104 North Riverside Drive
Edgewater, FL 32132
As a current member of the City of Edgewater Library Advisory Board I would like
to continue to serve as a member of the board for an additional two-year term and I am
asking for reappointment.
Sincerely,
silwas 7D. ®it;.agetont
Larry W. Middleton
MrLarry @bellsouth.net
C'c�
AGENDA REQUEST
Date: February 12, 2014
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS March 3, 2014
ITEM DESCRIPTION:
Van-Con Sewer Combination Kenworth chassis and Body
BACKGROUND:
The Environmental Services Department has been relying on the current Vac-Con truck that has outlived its useful life for
daily operations. This Van-Con Sewer Truck is a front line piece of equipment that is utilized on a daily basis. On multiple
occasions this vehicle has had mechanical breakdowns during emergency callouts. The replacement of this Van-Con
Sewer Truck will reduce down time, repair cost and increased reliability.
The Replacement Cost is shown below.
• Replacement Chassis - $106,354 Florida Sheriffs Bid 13-11-0904, Specification #13
• Vac-Con Body- $209,517 Florida Sheriffs Bid 13-11-0904, Specification #44
The cost of this replacement vehicle is covered by the Capital Improvement Revenue Note Series 2014.
STAFF RECOMMENDATION:
Staff recommends approving the purchase of a new Kenworth chassis and Van-Con Sewer Combination Cleaner Body
from Kenworth of Central Florida and Southern Sewer Equipment Sales per the enclosed specifications.
ACTION REQUESTED:
Motion to approve the purchase of a new truck chassis and Van-Con Sewer Combination Cleaner Body from Kenworth of
Central Florida and Southern Sewer Equipment Sales for$315,871 and all necessary budget amendments.
FINANCIAL IMPACT: (Finance Director)
The cost of this Implementation is covered by the Capital Improvement Revenue Note Series 2014.
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES_x_ NO
PREVIOUS AGENDA ITEM: YES _ NO x
DATE: AGENDA ITEM NO.
Res tful i submitted, Concurrence:
Jr. than C. McKinney \, Robin Matusick
9'ance Director Paralegal
r.cey ::rlow
City M.nager
DECEMBER 23,2013
KENWORTH OF CENTRAL FLORIDA CITY OF EDGEWATER
1800 N.ORANGE BLOSSOM TRAIL 409 MANGO TREE DRIVE
ORLANDO,FL. 32804 EDGEWATER, FL 32132
407-425-3170 Ext 107 386-424-2479
PREPARED BY: RICH SGUEGLIA PREPARED FOR: BOB IASIMONE
Florida Sheriffs Bid 13-11-0904
Spec # 13 - 52,000113 GVW TRUCK
(1) UNIT — KENWORTH T800 — CAB AND CHASSIS
Description Bid Specification Option Upgrade Price Extension
Base Specification 2014 Kenworth T800 98,898.00 98,898.00
T440 Configuration Optional Paccar PX9L 350hp 8,445.00 8,445.00
Engine
T440 Conquest Optional Unpublished -3,500 -3,500.00
Program Discount
Double Frame Optional Include 1,783.00 1,783.00
KW Aero Mirrors Optional Include 480.00 480.00
Tilt Wheel Optional Include 248.00 248.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Fl Sheriffs Admin Fee 0.00 0.00
Reference: Pages: 423-424 KENWORTH Specs 0.00 0.00
Pages: 425-448
Total Price $106,354.00 $106,354.00
Purchaser Date
Salesman Date
SOUTHERN SEWER EQUIPMENT SALES
a 3409 Industrial 27th St. e Ft. Pierce, FL 34946
(772) 595-9171 FAX • 1-800-782-4134 . (772) 595-6940
"A Certified MBE Woman Owned Business"
Mr. Bob Iasimone December 5, 2013
City of Edgewater
500 W. Ocean Avenue
Edgewater, FL 32132
Via email: biasimone @cityofedgewater.org
Copy: Mr.Bobby Laramore(blaramore @cityofedgewater.org)
Dear Mr. Iasimone,
**Please note: The Florida Sheriffs Contract has separate specifications for the Sewer
Cleaner Body and Chassis. This proposal does not include the cost for the chassis.
Southern Sewer Equipment Sales is pleased to announce the opportunity for the City of Edgewater
to purchase a new Vac-Con Sewer Combination Cleaner Body from the Florida Sheriff's Contract
No. 13-11-0904, Specification#44.
The base Vac-Con model on Specification#44 includes the following items:
New Vac-Con Sewer Combination Cleaner Model V311HN/1000
11 Yard Debris Tank
80 GPM @ 2500 PSI Water System(Hydrostatically Powered by Chassis Engine)
3 Stage Centrifugal Compressor
1000 Gallon Fresh Water Capacity
Hydraulic Rear Door Locks
Front Mounted Fixed Boom
Front Mounted Fixed Hose Reel
400' of Sewer Hose
20' Aluminum Tubes with Quick Clamps
Sanitary Nozzle, Penetrator Nozzle
Fire Extinguisher
Triangle Kit
Base Bid Price: $151,090,00
Optional Equipment:
9 Yard Debris Tank to be mounted on a Single Rear Axle Chassis ($6,842.00)
600' x 1"Hose Reel Capacity ($2,216.00)
50 GPM @ 3,000 PSI Water System with 400' x%"Hose No Charge
Articulating Hose Reel (includes Hose Footage Counter) $12,005.00
Variable Flow Water System, Includes 2 Additional Nozzles $1,070.00
Hydraulic Pump Off System, 575 GPM, Mounted on Rear Door $10,827.00
Dual Engine Configuration,Includes High Volume Hydrostatic Pump $9,821.00
Upgrade and Auxiliary Engine Remote Oil Drain
10' Telescoping Boom Assembly with Pendant Control Station $11,652.00
Gravity Drain: Plumbing to Mid-Passenger Side of Unit,Allowing Return of $1,601.00
Liquids to Manhole
Storage Box Behind Cab (unpublished option, includes 3.5%discount) $1,949.30
Debris Body Power Flush Out, 8 Jets(unpublished option, includes 3.5%discount) $1,585.50
Back Up Alarm (unpublished option, includes 3.5%discount) $222.92
50' Capacity Hand Gun Hose Reel (unpublished option, includes 3.5%discount) $1,675.24
Lateral Cleaning Kit:200' x Y2"Hose with Nozzle, Permanently Mounted, $4,805.70
Electronically Controlled (unpublished option, includes 3.5%discount)
Air Purge System(unpublished option, includes 3.5%discount) $683.22
Hand Held Spotlight(unpublished option, includes 3.5%discount) $369.60
Additional Hand Light Connection at Rear(unpublished option, includes 3,5% $97.47
discount)
LED Arrowboard (unpublished option, includes 3.5%discount) $2,109.49
LED Boom Mounted Flood Lights(unpublished option, includes 3.5%discount) $675.50
Hydraulic Swage Kit(unpublished option, includes 3.5%discount) $2,381.62
Ford Gas Auxiliary Engine in lieu of Diesel Engine No Charge
Final Model After Options: V39t1LHAG/1000
TOTAL PRICE FOR VAC-CON BODY: $205,563.56
The City may consider the following additional option:
Wireless Remote $3,953.00
The body price includes mounting the Vac-Con body to the chassis. Please review the Florida
Sheriffs Contract for chassis options. The chassis supplier should drop ship the chassis to Vac-
Con in Green Cove Springs, FL.The specifications should be approved by Vac-Con before
ordering the chassis.
We appreciate the opportunity to provide this equipment to the City of'Edgewater. Please feel
free to contact Bill Stinson at(772)216-2173, if you have any questions.
Sincerely,
qvAmtd6
Jenny Mitchem
Sales Coordinator
IOb
AGENDA REQUEST
Date: February 12, 2014
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS March 3, 2014
ITEM DESCRIPTION:
Selectron Implementation of VoicePermits, WebPermits, WebUtility, and VoiceCitation sytems
BACKGROUND:
The Finance, Code, Police and Building Department are requesting the purchase and installation of the Selectron
Technologies' server hardware and software, VoicePermit, WebPermit, WebUtility and VoiceCitation which will provide
24 hour/day, 7 day/week on-line and voice public access to numerous permit, utility and citation services. These
upgrades will facilitate the scheduling of, and payment for, certain Finance, Code, Police and Building Department
services, and minimize the risk of system downtime from our current software program that no longer meet our
expectations and enhance services that we do not currently provide. While other companies are capable of designing and
programming these types of software products, Selectron is the only vendor with the necessary array of product features
commercially available off the shelf ("COTS") without customized programming, and is certified to interface with our
existing SunGard H.T.E. financial system and is the current provider of our Interactive Voice Response System.
All of Selectron's VoicePermit, WebPermit, WebUtility and VoiceCitation include modules for credit card payment over the
Internet or IVR system. The purchase of this new system will also assist in advancing the citywide initiative by automating
certain permit services and providing citizens with even more access to City Hall, 24 hours a day, 7 days a week. Citizens
will enjoy the added convenience of scheduling inspections online as well as making payments online or by phone. The
system also updates customers by e-mail or phone of inspection results and changes to permit status.
STAFF RECOMMENDATION:
Staff recommends approving the agreement with Selectron Technologies an approved supplier of SunGard H.T.E. for
$99,500 with annual maintenance being covered by MIS thru the approved cost allocation.
ACTION REQUESTED:
Motion to approve entering into the agreement with Selectron, Inc. and authorize the City Manager to execute the
associated contract documents and all necessary budget amendments.
FINANCIAL IMPACT: (Finance Director)
The cost of this Implementation is covered by the Capital Improvement Revenue Note Series 2014.
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES_ NO x
DATE: AGENDA ITEM NO.
Resp- tfully . bmitted, Concurrence:
t
rIfv
Jo r'* an C. McKinney Robin Matusick
Finance Director Parale;al '/
Tracey r.arlow
City ■ anager
III Selectron
TECHNOLOGIES , INC.
January 17, 2014
City of Edgewater
Attn: Jonathan McKinney
Finance Director
104 North Riverside Drive
Edgewater, FL 32132
Dear Mr. McKinney,
This letter is intended to be a letter of understanding between the City and Selectron
Technologies, Inc., regarding the Scope of Work and for the implementation of your
Voice Permits, WebPermits, Web Utility, and VoiceCitation systems.
As accepted by the City below, this will constitute acceptance of the items within this letter, the
enclosed Statement of Work and the terms and conditions currently in effect in the
Professional Services Agreement, Software License Agreement and Support and Maintenance
Agreement for the purchase of the Selectron Voice Utility Solution. If there is a conflict with a
term within these documents, the order of precedence will be:
• Letter of Understanding
• Scope of Work starting on page 2 of this letter
• Statement of Work starting on page 9 of this letter
• Professional Services Agreement executed on November 17, 2011
• Software License executed on November 17, 2011
• Support and Maintenance Agreement executed on November 17, 2011
If you have any questions or concerns, please do not hesitate to contact us at your earliest
convenience.
Sincerely,
Todd A.Johnston
President and CEO
Accepted By:
Authorized Representative
Date Accepted:
12323 SW 66`h Avenue Portland,OR 97223 V:866.878.0048 F:503.443.2052
WebUtilityTM Base Solution $24,500
WebUtility is a web application that allows your utility's account holders to perform self-service
activities. The following functions are available to your customers 24/7:
• View Current Account Summary • View Payment History
• Manage Account • View Consumption/ Usage History
• View Billing History • View System Usage Reports
• Make Payments* • Ability for Future Customizations
*Integration to AMS.
Solution Design and Development Included
Uses the customers'existing style sheets or on existing, implemented Selectron design
Selectron Project Management Included
Remote System Installation & Configuration Included
System Documentation Included
Mobile View Optimized for Base Solution Included
TOTAL INVESTMENT FOR WebUtility $24,500
WebPermitsTM Base Solution $24,500
WebPermits is a web application that enables efficient interaction between contractors and
your permitting department by offering the following features:
Web Pages to Display the Following Information:
• View Active Permit Status • Pay Fees*
• View Active Inspections • View Payment History
• View Permit & Inspection History • View System Usage Reports
• Schedule/Manage Inspections • Ability for Future Customizations
*Integration to AMS.
Solution Design and Development Included
Uses the customers'existing style sheets or an existing, implemented Selectron design
Selectron Project Management Included
Remote System Installation & Configuration Included
System Documentation Included
Mobile View Optimized for Base Solution Included
TOTAL INVESTMENT FOR WebPermits $24,500
Required Items Not Included in Selectron Technologies WebUtility & WebPermits Base
System
• Network Services Required to Support the Installation
• Host Interface Components Must Be Installed and Functioning Prior to On-Site
Installation
• Microsoft Windows Server 2003 (or later), Running IIS 6 (or later) with Microsoft .NET
4.0, SP1 (or later) and ASP .NET MVC 3 package installed
• Remote Access to the IIS Server for Initial Development & Ongoing Support
• An SSL Certificate Will Need to be Purchased & Installed By the Server Administrator
• Selectron assumes all credit card payments will be processed and reported using US
Dollars
• Selectron assumes all signature debit cards will be processed and reported using US
Dollars
• Any conversion of currency will be done in the application database
VoicePermitsTM Interactive Voice Response Solution (4-Port) $30,900
Included Functionality:
• Schedule Inspections • Permit Based Messaging
• Cancel Inspections • VoicePermits Reporting Module
• Obtain Inspection Results • Remote Access Software
• Post Inspection Results • Four(4) Licensed Ports
• Speak Site Address • Professional Voice Recording
• Correction Codes
Solution Design and Development Included
Selectron Project Management Included
On-Site Installation,Travel Expenses and Training Included
12-Month Warranty on Selectron Technologies Provided Hardware and Software Included
System Documentation Included
VoicePermits Hardware and Software (Includes Set-Up and Configuration)
ProLiant DL380 G7 2U—Enhanced Server—Minimum Specifications $5,000
• Intel Xeon Quad-Core 2 GHz Processor • Microsoft Windows 2008 Server
• 4GB RAM • Three (3) 146GB SAS Hard Drives (RAID 5)
• Redundant Hot Plug Supply Power • Integrated Gigabit Network Adapter
Investment for VoicePermits $35,900
Required Items Not Included in Selectron Technologies VoicePermits Base System
• Phone Lines and Network Services Required to Support the Installation
• Required Host Interface (Please Contact SunGard Public Sector for Pricing for'V1-BP Voice
Response Selectron Interface')
• Host Interface Components Must Be Installed and Functioning Prior to Development
VoiceCitation IVR Base Solution $14,600
Included Functionality:
• Citation Status • Fees/Fines Due (Amount and Date)
• Instruction about Payment • Make Payment via Credit Card
• Professional Voice Recording • VoiceCitation Reporting Module
Solution Design and Development Included
Selectron Project Management Included
On-Site Installation,Travel Expenses and Training Included
12-Month Warranty on Selectron Technologies Provided Hardware and Software Included
System Documentation Included
Investment for VoiceCitation $14,600
Total Investment for WebUtility, WebPermits, VoicePermits &
VoiceCitation $99,500
Existing VoiceUtilityto be Implemented on the New VoicePermits/VoiceCitation Server
Hardware
Test Server Setup and Configuration—hardware not included in support. Included
• City of Edgewater to redeploy previous VU server
• Server Setup,Software Installation, Configuration and Testing
• Labor to Procure,Assemble, Configure and Test Server Hardware and Software
• Remote Installation Support and Configuration
• System Documentation
SELECTRON PRODUCT AND SERVICE PRICING & PAYMENT INFORMATION
Pricing does not include additional application integration charges that may be required as
part of this solution. This includes Application Vendor API, user, or implementation fees,
additional licensing fees, or other surcharges directly or indirectly charged by or remitted to
the Application Vendor.
SCHEDULE
25% Invoiced at time of execution of contracts
50% Invoiced at completion of on-site installation
20% Invoiced 30 days after on-site installation
5% Invoiced upon final acceptance
Initial Payment
Invoiced upon receipt of purchase order. Enables Selectron Technologies to purchase necessary
hardware, fund travel expenses, and invest the technical support hours to design and develop the
application for your jurisdiction.
Second Payment
Invoiced at the completion of the on-site installation and training phase of the implementation, or
when the system is available for Client testing at Client site.
Third Payment
Invoiced 30 days after the completion of the on-site installation. The Client is given thirty days to
test functionality as defined by the contract and the agreed upon call flows. It is the Client's
responsibility to ensure full testing is completed during this period.
Final Payment
Invoiced after Client has completed the Final Testing and Acceptance of the system. Selectron
Technologies will have resolved all issues found during testing. If Final Acceptance is delayed beyond
thirty days, not due to any fault of Selectron Technologies, the payment will become immediately
due.
TAXES
Sales Tax or any other applicable taxes are NOT included in any of this proposal's pricing
information. If taxes become applicable, these taxes will then need to be added to the proposed
pricing.
PAYMENT TERMS
Terms are net 30 from date of invoice. Past due invoices are subject to a 1.5% per month late fee.
VENDOR INFORMATION
Selectron Technologies, Inc.
12323 SW 66th Avenue
Portland, OR 97223
Ph: 503.443.1400 Fax: 503.443.2052
ADDITIONAL REMOTE ADMINISTRATOR LICENSING
System administrators may remotely define configurable setting in the system through the
Administration Tool. The base system includes two licenses for the Administration Tool. One license
will be pre-installed on the system server; the second license allows the jurisdiction to install the
Administration Tool on a workstation with network access.
Additional Remote Administrator Licenses $250
TIME-AND-MATERIALS BILLING RITES
Selectron will provide custom programming and non-warranty maintenance Client support on a
time-and-materials basis.
Requested design, programming, testing, documentation, implementation work, and customer
support will be performed at our then current, standard published billing rates. Selectron will issue
a quote and scope of work to the Client. A purchase order must be issued before work can be
scheduled or begin.
ADDITIONAL TRAINING AND ON-SITE SUPPORT
If the Client requests additional on-site work, travel and out-of-pocket expenses will be billed at
$1,750 per day (2 day minimum) with at least 14 day advance notice. If 8-14 days advance notice is
provided the rate increases to $2,000 per day; if the notice is less than 7 days the rate increases to
$2,500 per day.
If changes are made to a travel schedule after plans are confirmed, the Client is responsible for any
change fees or price changes incurred for airfare, hotel or car rental.
ON-GOING SUPPORT
Future Service Fee Estimates(for Renewal Terms following the Initial Term of this Agreement):
Item Dates covered Amount Payment Due Date
VoiceUtility March 1,2014 to 11,165.00 Paid
February 28,2015
VoiceUtility March 1,2015 to 11,720.00 February 15,2015
February 28,2016
VoiceUtility March 1,2016 to 12,310.00 February 15,2016
February 28,2017
VoiceUtility March 1,2017 to 12,925.00 February 15,2017
February 28,2018
VoiceUtility March 1,2018 to 13,570.00 February 15,2018
February 28,2019
VoiceUtility March 1,2019 to 14,245.00 February 15,2019
February 28,2020
Item Dates covered Amount Payment Due Date
VoicePermits WebPermits, March 1,2014 to Included Included
VoiceCitation,WebUtility February 28,2015
VoicePermits WebPermits, March 1,2015 to 15,000.00 February 15,2015
VoiceCitation,WebUtility February 28,2016
VoicePermits WebPermits, March 1,2016 to 15,750.00 February 15,2016
VoiceCitation,WebUtility February 28,2017
VoicePermits WebPermits, March 1,2017 to 16,535.00 February 15,2017
VoiceCitation,WebUtility February 28,2018
VoicePermits WebPermits, March 1,2018 to 17,365.00 February 15,2018
VoiceCitation,WebUtility February 28,2019
VoicePermits WebPermits, March 1,2019 to 18,230.00 February 15,2019
VoiceCitation,WebUtility February 28,2020
Total Support Renewal will reflect if the following pricing discount if all product support is renewed annually.
Item Dates covered Amount Discount Amount Due Payment Due Date
Selectron Solutions March 1,2014 to 11,165.00 Paid
Renewal February 28,2015
Selectron Solutions March 1,2015 to 26,720.00 ( 220.00) 26,500.00 February 15,2015
Renewal February 28,2016
Selectron Solutions March 1,2016 to 28,060.00 ( 765.00) 27,295.00 February 15,2016
Renewal February 28,2017
Selectron Solutions March 1,2017 to 29,460.00 (1,345.00) 28,115.00 February 15,2017
Renewal February 28,2018
Selectron Solutions March 1,2018 to 30,935.00 (1,980.00) 28,955.00 February 15,2018
Renewal February 28,2019
Selectron Solutions March 1,2019 to 32,475.00 (2,650.00) 29,825.00 February 15,2019
Renewal February 28,2020
Notes:
• Contract Execution Date is defined as the earlier of the Customer document signature date or Customer Purchase
Order date for purchased product. If no dates are identified by Customer,Company signature date will then be
identified as the effective date.
• The above coverage dates will be adjusted to reflect actual Contract Execution Date.
• Future service fee amounts in the table above for Renewal Terms are estimates,which may be increased or
decreased. The future service fee estimates do not include increases to reflect additional functionality purchased.
• Future service fee estimates for Renewal Terms are not a guarantee that Company will agree to automatic renewal of
this Agreement,and future service fee estimates shall not affect Company's right to provide notice of non-renewal
under Section 2 of the Support and Maintenance Agreement.
Selectron
Microsoft Partner
T E C H N O L O G I E S , IN C. Independent Software Vendor(ISV)
Statement of Work
Edgewater, FL
VoicePermits TM
Correction Codes
Professional Voice Recording (Call Flow and System Prompts)
Professional Voice Recording (Correction Codes)
Professional Voice Recording (Street Names)
SmartDelivery
WebPermitsTM
VoiceUtilityTM
Payment Processing: Credit Card
Professional Voice Recording (Call Flow and System Prompts)
Professional Voice Recording (Street Names)
SmartDelivery
WebUtilityTM
VoiceCitationTM
Payment Processing: Credit Card
Professional Voice Recording (System Prompts, Street Names)
SmartDelivery
www.SelectronTechnologies.com
Selectron Technologies,the Selectron Technologies logo,and all Selectron Technologies product names
contained herein are trademarks or registered trademarks of Selectron Technologies, Inc. in the USA
2.20.8 and/or other countries.All other brand names are trademarks of their respective holders.
Selectron Technologies Statement of Work proprietary&confidential
Table of Contents
1 .0 Overview 2
1.1 Revision History 2
2.0 Functionality 2
2.1 VoicePermits 2
2.2 WebPermits 4
2.3 VoiceUtility 6
2.4 WebUtility 7
2.5 VoiceCitation 10
3.0 Administrative Tasks 11
3.1 VoicePermits 11
3.2 WebPermits 14
3.3 VoiceUtility 15
3.4 WebUtility 18
3.5 VoiceCitation 19
4.0 Deliverables 21
4.1 Hardware 21
4.2 Software 21
4.3 Installation and Training 22
4.4 Documentation 22
4.5 Support 22
5.0 Responsibilities and Requirements 23
5.1 Selection Technologies, Inc. 23
5.2 Customer 25
Appendix A:Hardware Specifications 34
1/14/14 2.20.8 • 1
Selectron Technologies Statement of Work proprietary&confidential
1 .0 Overview
This Statement of Work(SOW)outlines the software, hardware, and implementation services
included with the purchase of an interactive solution from Selectron Technologies.Additionally,this
document describes the Customer's responsibilities in providing a suitable environment and facili-
tating a successful implementation of the Selectron Technologies' interactive solution.
1.1 Revision History
Version # Details Date
1.0 Initial Release 1/14/2014
2.0 Functionality
This section details the functionality of each application included in the implementation of this inter-
active solution. All functions and features are dependent upon required database availability. The
interactive solution must be able to retrieve data from the database either through direct access or
through an indirect interface provided by the Customer and/or database vendor. In addition, the
interactive solution is required to post data back to the database. Normally, an indirect interface is
provided to ensure system integrity for posted data.
The exact data required for retrieval and posting by the interactive solution is determined by final
product definition including agreed upon call flow, business rules, and work process. Additionally,
the call flow, business rules, and work process may be limited by the availability and access to
data.
2.1 VoicePermits
The VoicePermits application interacts with the Customer's permitting database to deliver
information and services over the phone to callers.
2.1.1 Standard Feature Set
This section details the standard features included with the VoicePermits application.
2.1.1.1 Inspection Scheduling
VoicePermits allows callers to schedule, reschedule, and cancel inspections.
Additionally, callers can leave messages for inspectors; messages are stored
on the interactive solution's server for 90 days. Once the caller has sched-
uled, rescheduled, or cancelled an inspection, they will receive a confirmation
number. To access scheduling functionality, callers must enter a valid permit
number.
2.1.1.2 Posting Inspection Results
Inspectors can use VoicePermits to post inspection results, hear messages
left by the permit holder, and leave a message for the permit holder. To
ensure security, inspectors must enter a PIN prior to recording results. The
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PIN can be determined by the Customer, but must be validated by the permit-
ting database.
2.1.1.3 Obtain Inspection Results
Permit holders can call VoicePermits to listen to the results of their scheduled
inspection and listen to any messages left by the inspector; messages are
stored on the interactive solution's server for 90 days. To access inspection
results, callers must enter a valid permit number.
2.1.2 Additional Features
This section details the optional, add-on modules included with the VoicePermits
application.
2.1.2.1 Correction Codes
When posting results for a failed inspection, the inspector can enter a correc-
tion code. Correction codes detail the specific reason for inspection failure.
The description of the correction code is available to callers requesting
inspection results.
The permitting database must allow the input of correction codes, as well as
access to the field storing the codes, to allow full functionality of this module.
The Customer is responsible for maintaining correction code data (section
3.1.13, Maintain Correction Codes).
2.1.2.2 Professional Voice Recording
All system prompts (including call flow), correction code descriptions, and
street names are professionally recorded prior to installation. The following
non-system prompt and message types are not included, and require Cus-
tomer recording:
• Optional Greeting (section 3.1.4, Append an Optional Greeting)
For more information regarding non-system prompt recording, refer to section
3.1.7, Record Prompts and Responses.
The Customer must sign-off on all Professional Voice Recording scripts prior
to prompt recording. All prompt change requests after recording has been
completed may incur additional charges on a Time and Materials basis (street
names will be updated on a quarterly basis as described in section 3.1.6,Add
New Streets).
2.1.2.3 SmartDelivery
SmartDelivery software enables VoicePermits to send faxes and/or e-mail to
callers.
When requesting a fax, callers are prompted to use their telephone keypad to
enter the number where the fax should be sent. Selectron Technologies rec-
ommends that faxed documents be no longer than ten pages to ensure accu-
rate delivery to recipients.
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Prior to receiving an e-mail, callers must have an e-mail address on file in the
permitting database. If an e-mail address is not available, callers are not given
the option of receiving an e-mail.
2.2 WebPermits
The WebPermits application interacts with the Customer's permitting database to deliver
information and services over the web to citizens. Using WebPermits, a user can schedule
inspections, cancel inspections, obtain inspection results, and more. Every implementation
of WebPermits includes basic web design using either the Customer's existing style sheet or
one of Selectron's pre-defined designs.
WebPermits is compatible with the following browsers: Internet Explorer 7x and above, pre-
vious 4 releases of Firefox or Chrome, and Safari 5x and above.
2.2.1 Standard Feature Set
When citizens access the main WebPermits page, they are required to log in with a
permit number and security code. The security code can be determined by the Cus-
tomer, but must be verified by the permitting database. Most jurisdictions use the site
address associated with the permit as the security code.
This section details the standard features included with the WebPermits application.
2.2.1.1 Inspection Scheduling
WebPermits allows citizens to schedule, reschedule, and cancel inspection
using a web interface. When scheduling an inspection, the citizen can select
the specific inspection type as well as inspection date from a calendar. Avail-
able dates on the calendar are determined by the Customer's business rules.
Additionally, citizens can select a preference of a morning or afternoon
inspection. Once citizens have scheduled, rescheduled, or cancelled an
inspection, they receive a confirmation number; WebPermits provides a
printer-friendly page allowing the citizen to easily print the confirmation.
To access scheduling functionality, a valid permit number must be entered
during the login process.
2.2.1.2 Obtain Inspection Results
Permit holders can access WebPermits to view the results of their scheduled
inspection. WebPermits displays the inspection type, the completed date,
inspection result, inspector, and a confirmation number.WebPermits provides
a printer-friendly page allowing permit holders to easily print the inspection
results associated with a permit.
Additionally, WebPermits users can enter a permit number to view the history
of the permit and associated inspections. The user will have access to the
status and history of past inspection results, filterable by date. Historical data
includes inspection type, completed date, inspection result, and inspector.
To access inspection results, a valid permit number must be entered during
the login process.
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2.2.1.3 Payment Processing
WebPermits accepts credit card and e-check payments, allowing callers to
pay inspection fees; the Customer's business rules determine whether the
system can process over-payments or partial payments. WebPermits allows
callers to make discreet payments at the permitting level. Callers will have to
enter their payment information for each transaction.Visa®, MasterCard®,
Discover®, and American Express®are all pre-configured credit card types
within WebPermits; credit card types not used by the Customer are unavail-
able to the citizen for use. When taking a payment, the payment processing
software verifies the credit card and expiration date. For more security, the
Customer can choose to verify the card holder's zip code and security code.
When making an E-check payment, callers enter their bank routing number,
bank account number, bank account type, payment amount, and driver's
license number.
Once a payment has been processed, WebPermits issues a payment confir-
mation number;WebPermits provides a printer-friendly page allowing citizens
to easily print the confirmation details. Additionally, WebPermits can automat-
ically generate and email a payment receipt when a payment is made. The
email is delivered to the default email address associated with the permit-the
user can also enter a different email address if they desire.
Fee data must be available to WebPermits to ensure functionality of payment
processing.
The following payment processing fees and services are not covered by the
purchase of this module:
• Transaction fees
• Merchant accounts
• Third-party payment processing services, fees, and software
The Customer must select the third party payment processing vendor prior to
system development. Any changes to payment processing vendors, after sys-
tem development, is billable on a Time and Materials basis.
2.2.1.4 Payment History
In addition to making payments, citizens can also use WebPermits to view
detailed historic fee payment information by permit. Historical information
includes due date/payment date, total amount due, amount paid, and pay-
ment method.
2.2.1.5 Print Functionality
All pages on the WebPermits web tool have a 'print page' button. A user can
click this button to generate and print a copy of the currently active WebPer-
mits page.
2.2.1.6 E-mail Link
WebPermits provides an e-mail link, allowing citizens to directly e-mail the
Customer's jurisdiction. When citizens click the link, their default e-mail client
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displays with the appropriate, pre-defined e-mail address and configurable
subject heading filled in.
2.2.1.7 Mobile View Optimized
This implementation of WebPermits includes optimization of the site for view-
ing on mobile devices. When a citizen accesses the WebPermits site from
their web device, the site will be presented in an accessible, optimized for-
mat.WebPermits supports the following mobile browsers:
• iOS: latest three versions
• Android: version 2.3 and 4.X (excludes version 3.X)
• Blackberry: latest three versions
2.3 VoiceUtility
The VoiceUtility application interacts with the Customer's utility database to deliver informa-
tion and services over the phone to callers.
2.3.1 Standard Feature Set
This section details the standard features included with the VoiceUtility application.
2.3.1.1 Account Access
VoiceUtility provides callers with current utility account status information,
including the caller's site number, site address, current or delinquent balance,
payment due date, pending amount, and consumption information. Addition-
ally, callers may request to hear billing and payment history for the last 12
months. To access account information, callers enter their utility account num-
ber and, optionally, a security code. The security code can be determined by
the Customer, but must be verified by the utility database.
Once callers have heard their account status, they can request a fax of the
information. Using their keypad, callers enter the fax number to which the
documents will be sent.
2.3.1.2 Smart Delivery
SmartDelivery software enables VoiceUtility to send faxes and/or e-mails to
callers.
When requesting a fax, callers are prompted to enter the number where the
fax should be sent. Selectron Technologies recommends that faxed docu-
ments be no longer than ten pages to ensure accurate delivery to recipients.
Prior to receiving an e-mail, callers must have an e-mail address on file in the
utility database. If an e-mail address is not available, callers are not given the
option of receiving an e-mail.
2.3.2 Additional Features
This section details the optional, add-on modules included with the VoiceUtility appli-
cation.
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2.3.2.1 Payment Processing: Credit Card
VoiceUtility accepts credit card payments; the Customer's business rules
determine whether the system can process over payments or partial pay-
ments. VoiceUtility allows callers to make discreet payments at the account
level. Callers will need to enter their payment information for each transaction.
Visa®, MasterCard®, Discover®, and American Express®are all pre-config-
ured credit card types within VoiceUtility; credit card types not used by the
Customer will be unavailable to the caller. Once a payment has been pro-
cessed, VoiceUtility issues a payment confirmation number. When taking a
payment, the payment processing software verifies the credit card number
and expiration date. For more security,the Customer can choose to verify the
card holder's zip code and security code.
VoiceUtility provides a report for manual posting, or, if supported, passing
payment information to the interface to be processed into the Customer's util-
ity system.
The following payment processing fees and services are not covered by pur-
chase of the VoiceUtility system:
• Transaction fees
• Merchant accounts
• Third-party payment processing services, fees, and software
The Customer must select the third-party payment processing vendor prior to
system development.Any changes to payment processing vendors, after sys-
tem development, are billable on a Time and Materials basis.
2.3.2.2 Professional Voice Recording
All system prompts (including call flow) and street names are professionally
recorded prior to installation. The following non-system prompt and message
types are not included, and require Customer recording:
• Optional Greeting (section 3.3.4, Append an Optional Greeting)
For more information regarding non-system prompt recording, refer to section
3.3.7, Record Prompts and Responses.The Customer must sign-off on all
Professional Voice Recording scripts prior to prompt recording. All prompt
change requests after recording has been completed may incur additional
charges on a Time and Materials basis (street names will be updated on a
quarterly basis as described in section 3.3.6, Add New Streets).
2.4 WebUtility
The WebUtility application interacts with the Customer's utility database to deliver informa-
tion and services over the web to citizens. WebUtility provides utility account holders with
access to their account information from the web. Every implementation of WebPermits
includes basic web design using either the Customer's existing style sheet or one of Selec-
tron's pre-defined designs.
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2.4.1 WebPermits is compatible with the following browsers: Internet Explorer 7x and
above, previous 4 releases of Firefox or Chrome, and Safari 5x and above.Standard
Feature Set
When citizens access the main WebUtility page, they are required to log in with an
account number and security code. The security code can be determined by the Cus-
tomer, but must be verified by the utility database. Most jurisdictions use the site
address associated with the account as the security code.
This section details the standard features included with the WebUtility application.
2.4.1.1 Account Information Access
Citizens can access their current utility account status information, including
account number, account holder's name, service address, current balance,
last payment date, past due balance, and the last bill date.
2.4.1.2 Payment History
Citizens can access their account's payment history. Information displayed
includes the payment date, amount paid, and the method of payment for the
last 12 months.
2.4.1.3 Billing History
Citizens can access their account's billing history. Information displayed
includes the bill date, billed amount, and due date for the last 12 months.
2.4.1.4 Current Usage
Citizens can access their account's current usage information. This displays
usage information since the last bill was issued for the account.
2.4.1.5 Usage History
Citizens can access their usage history using WebPermits. After logging in,
the user can view all meters associated with their account and can click on a
specific meter to access data for it Meter data includes billing period, number
of days in billing period, average daily usage, total usage in billing period. All
historical data is presented in graphical format.
2.4.1.6 Stop Service
Citizens can use WebUtility to request a stop service. Once logged in, citizens
can request a specific stop date and enter a forwarding address for final bill-
ing information.
2.4.1.7 Account Management
In addition to viewing account information such as usage and history,
WebUtility users can also manage their account after logging in. The user can
update their contact information, such as phone number or email address, as
well as change the PIN required when logging in.
2.4.1.8 Payment Processing
WebUtility accepts credit card and e-check payments, allowing callers to pay
their bills; the Customer's business rules determine whether the system can
.............
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process over-payments or partial payments. WebUtility allows callers to make
discreet payments at the utility account level. Callers will have to enter pay-
ment information for each transaction. Visa®, MasterCard®, Discover®, and
American Express®are all pre-configured credit card types within WebUtility;
credit card types not used by the Customer are unavailable to the citizen for
use. When taking a payment, the payment processing software verifies the
credit card and expiration date. For more security, the Customer can choose
to verify the card holder's zip code and security code.
When making an E-check payment, callers enter their bank routing number,
bank account number, bank account type, payment amount, and driver's
license number.
Once a payment has been processed, WebUtility issues a payment confirma-
tion number; WebUtility provides a printer-friendly page allowing citizens to
easily print the confirmation details.
WebUtility provides a report for manual posting, or, if supported, passing pay-
ment information to the interface to be processing into the Customer's utility
system.
The following payment processing fees and services are not covered by the
purchase of this module:
• Transaction fees
• Merchant accounts
• Third-party payment processing services, fees, and software
The Customer must select the third party payment processing vendor prior to
system development. Any changes to payment processing vendors, after sys-
tem development, is billable on a Time and Materials basis.
2.4.1.9 E-mail Link
WebUtility provides an e-mail link, allowing citizens to directly e-mail the Cus-
tomer's jurisdiction. When citizens click the link, their default e-mail client dis-
plays with the appropriate, pre-defined e-mail address and configurable
subject heading filled in.
2.4.1.10 Print Functionality
All pages on the WebPermits web tool have a `print page' button. A user can
click this button to generate and print a copy of the currently active WebPer-
mits page.
2.4.1.11 Mobile View Optimized
This implementation of WebPermits includes optimization of the site for view-
ing on mobile devices. When a citizen access the WebPermits site from their
web device, the site will be presented in an accessible, optimized format.
WebUtility supports the following mobile browsers:
• iOS: latest three versions
• Android: version 2.3 and 4.X (excludes version 3.X)
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Selection Technologies Statement of Work proprietary&confidential
• Blackberry: latest three versions
2.5 VoiceCitation
The VoiceCitation application interacts with the Customer's database to deliver information
and service over the phone to callers.
2.5.1 Standard Feature Set
This section details the standard features included in the VoiceCitation application.
2.5.1.1 Citation Status
VoiceCitation allows callers to hear a summary of their citation and any
amount due. To access this information, callers must enter their citation num-
ber.
2.5.2 Additional Features
This section details the optional, add-on modules and features included with this
implementation of the VoiceCitation application.
2.5.2.1 Payment Processing: Credit Card
VoiceCitation accepts credit card payments; the Customer's business rules
determine whether the system can process over payments or partial pay-
ments. Callers will have to enter their payment information for each transac-
tion.Visa®, MasterCard®, Discover®, and American Express®are all pre-
configured credit card types within VoiceCitation; credit card types not used
by the Customer are unavailable to the caller. Once a payment has been pro-
cessed, VoiceCitation issues a payment confirmation number. When taking a
payment, the payment processing software verifies the credit card number
and expiration date. For more security,the Customer can choose to verify the
card holder's zip code and security code.
VoiceCitation gathers payment information from callers which is then passed
to the Customer's payment processor. Results of payments are posted to the
Customer's citation database.
The following payment processing fees and services are not covered by pur-
chase of the VoiceCitation application:
• Transaction fees
• Merchant accounts
• Third-party payment processing services, fees, and software
The Customer must select the third-party payment processing vendor prior to
system development. Any changes to payment processing vendors, after sys-
tem development, are billable on a Time and Materials basis.
2.5.2.2 Professional Voice Recording
All system prompts (including call flow) and street names are professionally
recorded prior to installation. The following non-system prompt and message
types are not included, and require Customer recording:
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• Optional Greeting (section 3.5.4, Append an Optional Greeting)
For more information regarding non-system prompt recording, refer to section
3.5.7, Record Prompts and Responses.
The Customer must sign-off on all Professional Voice Recording scripts prior
to prompt recording. All prompt change requests after recording has been
completed may incur additional charges on a Time and Materials basis(street
names will be updated on a quarterly basis as described in section 3.5.6, Add
New Streets).
2.5.2.3 SmartDelivery
Smart Delivery software enables VoiceCitation to send faxes and/or e-mails to
callers.
When requesting a fax, callers are prompted to enter the number where the
fax should be sent. Selectron Technologies recommends that faxed docu-
ments be no longer than ten pages to ensure accurate delivery to recipients.
Prior to receiving an e-mail, callers must have an e-mail address on file in the
citation database. If an e-mail address is not available, callers are not given
the option of receiving an e-mail.
3.0 Administrative Tasks
This section details tasks that the Customer's system administrator can perform while maintaining
and operating the interactive solution.
3.1 VoicePermits
The tasks listed below apply to the VoicePermits application.
3.1.1 Run System Reports
System administrators can generate,view, save, and print system usage reports using
Internet Explorer®7.0 or newer, with access to the Customer's intranet. Reports can
be saved as PDF files from the browser.
System administrators can also configure reports for automatic delivery to designated
e-mail addresses. Auto-delivery frequency options include monthly, weekly, and daily.
Table 1 lists the reports available with this implementation.
Table 1 System Reports
Report Definition
System Usage Calls received by day for selected date
range
System Line Usage Calls received by line for selected date
range
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Table 1 System Reports
Report Definition
System Usage by Hour Calls received by hour for selected date
range
System Statistics Displays consolidated usage informa-
tion, including time in use and call time
information
Call Activity Details Displays all actions that a caller made
during a call
Inspector Posting Activity Lists all inspections posted by each
inspector for a selected date range
Action Report Number of times the application functions
were selected for selected date range
Fax Activity Report Fax status, document,date,time, and
permit number
Email Activity Report Date sent, document type, confirmation
number, and permit number
3.1.2 Set Operator Transfer Extension
By setting the operator transfer extension, system administrators can determine
where VoicePermits transfers calls. Calls can be transferred to different extensions
depending on the time of day and what type of information the caller is requesting.
Operator transfer settings are managed using the Administration Tool (section 4.2,
Software).
3.1.3 Set Office Hours and Holidays
When office hours and holidays have been set, the system checks against the office
hours and holiday schedule to determine the correct action when transferring calls.
3.1.4 Append an Optional Greeting
Appending an optional greeting instructs the system to play an additional greeting
message when callers access VoicePermits. The optional greeting can be used to
inform callers of changes in office hours or upcoming holidays. System administrators
are responsible for recording the optional greeting. Training on how to record prompts
and responses is provided during system installation (section 4.3.3, Provide Admin-
istrative Training).
3.1.5 Control Administrative Access
The system administrator is responsible for creating and deleting administrative
accounts, editing account access levels, and changing the prompt recording access
PIN for the interactive solution. Access levels can be set to only allow reporting capa-
bilities or to allow full administrative access. Administrative access can be set using
the Administration Tool (section 4.2, Software).
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3.1.6 Add New Streets
As new streets are added to the Customer's jurisdiction, the system administrator
should add them to VoicePermits; this ensures that appropriate responses are played
to caller inquiries. Adding new street names and words requires two steps: creating
the file in the Administration Tool(section 4.2, Software)and then recording the name
or word using the telephone.
When Professional Voice Recording has been implemented, street name prompts are
recorded prior to system delivery. Any new or updated prompts can be recorded for
the Customer on a quarterly basis; prompts needing immediate recording, between
quarterly updates, are the Customer's responsibility (section 3.1.7, Record Prompts
and Responses). Note that, in order for Selectron Technologies to identify new
streets, they must exist in the VoicePermits database. Access to quarterly voice
updates is contingent upon an active Support and Maintenance plan; refer to the Con-
tract for more details.
3.1.7 Record Prompts and Responses
New street words, codes, or system prompts need to be recorded. Recording prompts
and responses creates an audio file for use by Voice Permits during a call. Each word
or phrase has a unique identifying number that is used in recording. After a report is
generated showing the number of unrecorded prompts, a system administrator can
call the system to record the missing prompts.
When purchasing Professional Voice Recording, all system prompts (including call
flow), correction codes, and street names are recorded prior to system delivery. How-
ever, non-system prompt types and messages must be recorded by the Customer;
refer to section 2.1.2.2, Professional Voice Recording, for a list of non-system
prompts.Training on how to record prompts and responses is provided during system
installation (section 4.3.3, Provide Administrative Training).
3.1.8 Monitor System Status
Using the system monitor, the Customer's system administrator can view the status of
the VoicePermits system. The status of each line is displayed, complete with the
actions (if any)that are currently taking place.
3.1.9 Define Fax Template Location
When callers request faxes, the information is sent in a pre-determined template. The
Customer is responsible for creating a template in RTF format and uploading it using
the Administration Tool(section 4.2, Software). Each implemented module with faxing
functionality may require a separate template. Selectron Technologies' Project Man-
ager assists the Customer in determining the number of templates required to ensure
system functionality.
3.1.10Assign E-mail Field
In order for callers to receive an electronic copy of information, the Customer must
assign a field to hold the e-mail address in the permitting database.
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3.1.11 Set Maximum Message Length
The VoicePermits application allows callers to leave messages for inspectors. By set-
ting the maximum message length, the system administrator can determine a specific
amount of time for messages. While messages can be any length, Selectron Technol-
ogies recommends that they be no longer than the automatic default of five minutes.
3.1.12 Define Schedule Days
The VoicePermits application offers callers a specific number of days ahead for
inspection scheduling. The system administrator can set the number of available days
using the Administration Tool (section 4.2, Software). The Customer's business rules
determine how many days forward VoicePermits will offer callers.
3.1.13 Maintain Correction Codes
The system administrator is responsible for adding, editing, and deleting VoicePer-
mits' correction codes using the Administration Tool (section 4.2, Software). When
correction codes are added, the system administrator must also create a correspond-
ing recording of the description to be played back to callers (section 3.1.7, Record
Prompts and Responses). Selectron Technologies assists the Customer with the ini-
tial code configuration.
When Professional Voice Recording is implemented, prompt recording for correction
codes is done prior to system delivery. The Customer is responsible for recording any
subsequent correction code prompts. Selectron Technologies offers additional prompt
recording of correction codes on a time and materials basis.
3.2 WebPermits
The tasks listed in this section apply to the WebPermits application.
3.2.1 Run System Reports
System administrators can generate,view, save, and print system usage reports using
Internet Explorer®7.0 or newer, with access to the Customer's intranet. Reports can
be saved as PDF files from the browser.
System administrators can also configure reports for automatic delivery to designated
e-mail addresses. Auto-delivery frequency options include monthly, weekly, and daily.
Table 2 lists the reports available with this implementation.
Table 2 System Reports
Report Definition
System Usage Web sessions initiated by day for
selected date range
System Usage by Hour Web sessions initiated by hour for
selected date range
Action Report Number of times a web page was
selected for specified date range
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Table 2 System Reports
Report Definition
Web Activity Details Displays all actions that a user made dur-
ing a web session
Payment Detail Report Payment type with date,time, permit
numbers, and Confirmation numbers
3.2.2 Set Payment Processing Guidelines
Setting payment processing guidelines consists of updating the password
WebPermits uses to securely interface with the payment vendor and directing how the
interactive solution processes payments from callers. Using the Administration Tool
(section 4.2, Software), the system administrator can update the payment vendor
password, change credit card authorization options, and test payment processing.sec-
tion 4.2section 4.2, Software). The Customer's business rules determine how many
days forward WebPermits offers citizens. WebPermits uses the same scheduling con-
figuration as VoicePermits and this setting only needs to be set once for both applica-
tions.
3.2.3 Control Administrative Access
The system administrator is responsible for creating and deleting administrative
accounts and editing account access levels. Access levels can be set to only allow
reporting capabilities or to allow full administrative access. Administrative access can
be set using the Administration Tool (section 4.2, Software). Administrator accounts
are for both the VoicePermits and WebPermits applications.
3.3 VoiceUtility
The tasks listed below apply to the VoiceUtility application.
3.3.1 Run System Reports
System administrators can generate,view, save,and print system usage reports using
Internet Explorer®7.0 or newer, with access to the Customer's intranet. Reports can
be saved as PDF files from the browser.
System administrators can also configure reports for automatic delivery to designated
e-mail addresses. Auto-delivery frequency options include monthly, weekly, and daily.
Table 3 lists the reports available with this implementation.
Table 3 System Reports
Report Definition
System Usage Calls received by day for selected date
range
System Line Usage Calls received by line for selected date
range
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Table 3 System Reports
Report Definition
System Usage by Hour Calls received by hour for selected date
range
System Statistics Displays consolidated usage informa-
tion, including time in use and call time
information
Call Activity Details Displays all actions that a caller made
during a call
Action Report Number of times the application functions
were selected for selected date range
Payment Detail Report Payment type with date,time, utility
account numbers,and Confirmation num-
bers
Fax Activity Report Fax status, document, date,time, and
number
Email Activity Report Date sent, document type, confirmation
number, and account number
3.3.2 Set Operator Transfer Extension
By setting the operator transfer extension, system administrators can determine
where VoiceUtility transfers calls. Calls can be transferred to different extensions
depending on the time of day and what type of information the caller is requesting.
Operator transfer settings are managed using the Administration Tool (section 4.2,
Software).
3.3.3 Set Office Hours and Holidays
When office hours and holidays have been set, the system checks against the office
hours and holiday schedule to determine the correct action when transferring calls.
3.3.4 Append an Optional Greeting
Appending an optional greeting instructs VoiceUtility to play an additional greeting
message when callers access the interactive solution. The optional greeting can be
used to inform callers of changes in office hours or upcoming holidays. System admin-
istrators are responsible for recording the optional greeting. Training on how to record
prompts and responses is provided during system installation (section 4.3.3, Provide
Administrative Training).
3.3.5 Control Administrative Access
The system administrator is responsible for creating and deleting administrative
accounts, editing account access levels, and changing the prompt recording access
PIN for VoiceUtility.Access levels can be set to only allow reporting capabilities or to
allow full administrative access. Administrative access can be set using the Adminis-
tration Tool (section 4.2, Software).
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3.3.6 Add New Streets
As new streets are added to the Customer's jurisdiction, the system administrator
should add them to the VoiceUtility system; this ensures that appropriate responses
are played to caller inquiries. Adding new street names and words requires two steps:
creating the file in the Administration Tool (section 4.2, Software) and then recording
the name or word using the telephone.
When Professional Voice Recording has been implemented, street name prompts are
recorded for the Customer prior to system delivery. Any new or updated prompts can
be recorded for the Customer on a quarterly basis; prompts needing immediate
recording, between quarterly updates, are the Customer's responsibility (section
3.3.7, Record Prompts and Responses). Note that, in order for Selectron Technolo-
gies to identify new streets, they must exist in the VoiceUtility database. Access to
quarterly voice updates is contingent upon an active Support and Maintenance plan;
refer to the Contract for more details.
3.3.7 Record Prompts and Responses
New street words, codes, or system prompts need to be recorded. Recording prompts
and responses creates an audio file for use by the interactive solution during a call.
Each word or phrase has a unique identifying number that is used in recording. After a
report is generated showing the number of unrecorded prompts, a system administra-
tor can call the system to record the missing prompts.
When purchasing Professional Voice Recording, all system prompts (including call
flow) and street names are recorded prior to system delivery. However, non-system
prompt types and messages must be recorded by the Customer; refer to section
2.3.2.2, Professional Voice Recording, for a list of non-system prompts. Training on
how to record prompts and responses is provided during system installation (section
4.3.3, Provide Administrative Training).
3.3.8 Monitor System Status
Using the system monitor, the Customer's system administrator can view the status of
the VoiceUtility application. The status of each line is displayed, complete with the
actions (if any) that are currently taking place.
3.3.9 Define Fax Template Location
When callers request faxes, the information is sent in a pre-determined template. The
Customer is responsible for creating a template in RTF format and uploading it using
the Administration Tool (section 4.2, Software). Each implemented module with faxing
functionality may require a separate template. Selectron Technologies' Project Man-
ager assists the Customer in determining the number of templates required to ensure
system functionality.
3.3.10Assign E-mail Field
In order for callers to receive an electronic copy of information, the Customer must
assign a field to hold the e-mail address in the utility database.
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3.3.11 Set Payment Processing Guidelines
Setting payment processing guidelines consists of updating the password VoiceUtility
uses to securely interface with the payment vendor and directing how the interactive
solution processes payments from callers. Using the Administration Tool (section 4.2,
Software), the system administrator can update the payment vendor password,
change credit card authorization options, and test payment processing.
3.4 WebUtility
The tasks listed in this section apply to the WebUtility application.
3.4.1 Run System Reports
System administrators can generate,view, save, and print system usage reports using
Internet Explorer®7.0 or newer, with access to the Customer's intranet. Reports can
be saved as PDF files from the browser.
System administrators can also configure reports for automatic delivery to designated
e-mail addresses. Auto-delivery frequency options include monthly, weekly, and daily.
Table 4 lists the reports available with this implementation.
Table 4 System Reports
Report Definition
System Usage Web sessions initiated by day for
selected date range
System Usage by Hour Web sessions initiated by hour for
selected date range
Action Report Number of times a web page was
selected for specified date range
Payment Detail Report Payment type with date,time, utility
account numbers,and Confirmation num-
bers
3.4.2 Set Payment Processing Guidelines
Setting payment processing guidelines consists of updating the password
WebUtility uses to securely interface with the payment vendor and directing how the
interactive solution processes payments from callers. Using the Administration Tool
(section 4.2, Software), the system administrator can update the payment vendor
password, change credit card authorization options, and test payment processing.
3.4.3 Control Administrative Access
The system administrator is responsible for creating and deleting administrative
accounts and editing account access levels. Access levels can be set to only allow
reporting capabilities or to allow full administrative access. Administrative access can
be set using the Administration Tool (section 4.2, Software). Administrator accounts
are for both the VoiceUtility and WebUtility applications.
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3.5 VoiceCitation
The tasks listed below apply to the VoiceCitation application.
3.5.1 Run System Reports
System administrators can generate,view, save, and print system usage reports using
Internet Explorer®7.0 or newer, with access to the Customer's intranet. Reports can
be saved as PDF files from the browser.
System administrators can also configure reports for automatic delivery to designated
e-mail addresses. Auto-delivery frequency options include monthly, weekly, and daily.
Table 5 lists the reports available with this implementation.
Table 5 System Reports
Report Definition
System Usage Calls received by day for selected date
range
System Line Usage Calls received by line for selected date
range
System Usage by Hour Calls received by hour for selected date
range
System Statistics Displays consolidated usage informa-
tion, including time in use and call time
information
Action Report Number of times the application functions
were selected for selected date range
Payment Detail Report Payment type with date, time, citation
numbers, and Confirmation numbers
Fax Activity Report Fax status,document,date,time, and
number
Email Activity Report Date sent, document type, confirmation
number, and account/citation number
3.5.2 Set Operator Transfer Extension
By setting the operator transfer extension, system administrators can determine
where VoiceCitation transfers calls. Calls can be transferred to different extensions
depending on the time of day and what type of information the caller is requesting.
Operator transfer settings are managed using the Administration Tool (section 4.2,
Software).
3.5.3 Set Office Hours and Holidays
When office hours and holidays have been set, the system checks against the office
hours and holiday schedule to determine the correct action when transferring calls.
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3.5.4 Append an Optional Greeting
Appending an optional greeting instructs the system to play an additional greeting
message when callers access VoiceCitation. The optional greeting can be used to
inform callers of changes in office hours or upcoming holidays. System administrators
are responsible for recording the optional greeting. Training on how to record prompts
and responses is provided during system installation (section 4.3.3, Provide Admin-
istrative Training).
3.5.5 Control Administrative Access
The system administrator is responsible for creating and deleting administrative
accounts, editing account access levels, and changing the prompt recording access
PIN for the interactive solution. Access levels can be set to only allow reporting capa-
bilities or to allow full administrative access. Administrative access can be set using
the Administration Tool (section 4.2, Software).
3.5.6 Add New Streets
As new streets are added to the Customer's jurisdiction, the system administrator
should add them to the VoiceCitation application; this ensures that appropriate
responses are played to caller inquiries. Adding new street names and words requires
two steps: creating the file in the Administration Tool (section 4.2, Software)and then
recording the name or word using the telephone.
When Professional Voice Recording has been implemented, street name prompts are
recorded prior to system delivery. Any new or updated prompts can be recorded for
the Customer on a quarterly basis; prompts needing immediate recording, between
quarterly updates, are the Customer's responsibility (section 3.5.7, Record Prompts
and Responses). Note that, in order for Selectron Technologies to identify new
streets, they must exist in the VoiceCitation database. Access to quarterly voice
updates is contingent upon an active Support and Maintenance plan; refer to the Con-
tract for more details.
3.5.7 Record Prompts and Responses
New street words, codes, or system prompts need to be recorded. Recording prompts
and responses creates an audio file for use by VoiceCitation during a call. Each word
or phrase has a unique identifying number that is used in recording. After a report is
generated showing the number of unrecorded prompts, a system administrator can
call the system to record the missing prompts.
When purchasing Professional Voice Recording, all system prompts (including call
flow) and street names are recorded prior to system delivery. However, non-system
prompt types and messages must be recorded by the Customer; refer to section
2.5.2.2, Professional Voice Recording, for a list of non-system prompts. Training on
how to record prompts and responses is provided during system installation(section
4.3.3, Provide Administrative Training).
3.5.8 Monitor System Status
Using the system monitor, the Customer's system administrator can view the status of
the VoiceCitation system. The status of each line is displayed, complete with the
actions (if any)that are currently taking place.
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3.5.9 Set Payment Processing Guidelines
Setting payment processing guidelines consists of updating the password VoiceCita-
tion uses to securely interface with the payment vendor and directing how the interac-
tive solution processes payments from callers. Using the Administration Tool (section
4.2, Software), the system administrator can update the payment vendor password,
change credit card authorization options, and test payment processing.
4.0 Deliverables
This section details the hardware, software, and services included in system implementation.
4.1 Hardware
No additional hardware is provided with web functionality. However, the Customer is respon-
sible for providing a web server(section 5.2.2.8, Provide Web Server).
4.2 Software
4.2.1 Selectron Technologies Software
The interactive solution's server(Appendix A, section B.1, Server) has the following
Selectron Technologies' software installed:
• VoicePermits application software
• VoiceUtility application software
• VoiceCitation application software
• Credit Card Payment Processing software
• SmartDelivery software
In addition to the software listed above, the base system includes two licenses for the
Administration Tool. The Customer uses this software to remotely define user-configu-
rable settings in the interactive solution. One license is pre-installed on the server
(Appendix A, section B.1, Server); the second license allows the Customer to install
the Administration Tool on a workstation. Additional Administration Tool licenses can
be purchased.
The following software is delivered and installed on the Customer's web server:
• WebPermits application software
• WebUtility application software
4.2.2 Third-Party Software
<Remove this section when the SOW is for web only>
The interactive solution's server has the following third-party software installed:
• Microsoft®SQL® Server 2008
• Microsoft Visual C#®
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4.3 Installation and Training
Selectron Technologies provides two days of on-site installation, testing, and training for the
interactive solution.
4.3.1 Test and Install System Server
On the first on-site day, an Installation Specialist installs the interactive solution's
server and performs any necessary configuration. Once installed, the Installation Spe-
cialist tests the interactive solution to ensure all included applications are functioning
properly (refer to section 2.0, Functionality, for a list of all included applications).
The Installation Specialist installs the web application(s) on the Customer's web
server. Refer to section 5.2.2.8, Provide Web Server, for web server specifications.
4.3.2 Test Credit Card Payment Functionality
Test transactions are run to verify the interface between the Payment Processing soft-
ware modules with the vendor selected for payment processing.
4.3.3 Provide Administrative Training
Training for the system administrator occurs on the second day of the Installation Spe-
cialist's visit. Training also includes guidance on how system administrators can train
additional staff.
Training for non-system prompt recording is also provided (refer to section 2.1.2.2,
Professional Voice Recording, for a list of non-system, VoicePermits prompts)(refer
to section 2.3.2.2, Professional Voice Recording, for a list of non-system, VoiceUtil-
ity prompts)(refer to section 2.5.2.2, Professional Voice Recording, for a list of non-
system, VoiceCitation prompts)
4.3.4 Interface Upgrades
After the initial implementation of the interactive solution, the application database
vendor may release new updates to their application or its interface that enable previ-
ously unavailable standard functionality described in this document. Implementing
these features in a completed interactive solution with an upgraded application or
interface will normally require professional services outside the scope of this docu-
ment.
4.4 Documentation
A hard copy of the Administration Manual for each included application is delivered with the
server.Additionally, an electronic version of each manual is provided in PDF format(refer to
section 2.0, Functionality, for a list of included applications).
4.5 Support
Selectron Technologies' interactive solution has been thoroughly tested to ensure that the
performance and functionality described in this document is accurate. The solution's soft-
ware and hardware components are dependent on many services and applications within
the Customer's operating environment that can impact system performance. While the inter-
active solution is designed to minimize performance interruptions,from time to time they will
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occur. Once notified of an interruption, Selectron's Customer Support Service begins trou-
bleshooting the issue, with the objective of returning the system to full functionality as
quickly as possible.
Refer to your Service Agreement, or section 5.1.3, On-going System Maintenance, of this
document, for more information regarding services provided with the interactive solution.
5.0 Responsibilities and Requirements
5.1 Selectron Technologies, Inc.
This section outlines Selectron Technologies' responsibilities regarding system implementa-
tion and maintenance.
5.1.1 Pre-Installation
5.1.1.1 Provide Project Management
Selectron Technologies assigns a Project Manager to the system implemen-
tation. The Project Manager is the Customer's primary contact at Selectron
Technologies and coordinates all necessary communication and resources.
5.1.1.2 Provide Documentation
The Project Manager provides the Customer with the following documents to
help facilitate the implementation process:
• Implementation Questionnaire- identifies the Customer's functional
needs and is used to create an implementation timetable. Each applica-
tion included with this implementation has its own questionnaire (refer
to section 2.0, Functionality, for a list of included applications).
• Remote Access Questionnaire-details information needed by Selectron
Technologies to remotely access the Customer's network and permit-
ting database, prior to system delivery and installation, to allow for com-
plete system testing. Refer to section 5.2.1.8, Provide Remote
Network Access to Permitting Database, for more information.
• Remote Access Questionnaire-details information needed by Selectron
Technologies to remotely access the Customer's network and utility
database, prior to system delivery and installation,to allow for complete
system testing. Refer to section 5.2.1.9, Provide Remote Network
Access to Utility Database, for more information.
• Remote Access Questionnaire-details information needed by Selectron
Technologies to remotely access the Customer's network and citation
database, prior to system delivery and installation,to allow for complete
system testing. Refer to section 5.2.1.10, Provide Remote Network
Access to Citation Database, for more information.
• Implementation Timetable-details project schedule and details all proj-
ect milestones.
• Pre-Install Checklist- prepares the Customer's staff for system installa-
tion.Once the checklist is completed and returned,the Project Manager
schedules the on-site installation.
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• Quality Assurance Test Plan-assists the Customer in determining that
the interactive solution is functioning as specified in the Contract.
• System Acceptance Sign-off Form-indicates that the Customer has ver-
ified service functionality.
5.1.1.3 Develop Call Flow
The Project Manager works with the Customer to develop and complete the
call flow design. Software development cannot begin until the call flow design
is completed and approved by the Customer.
5.1.1.4 Provide Configuration Assistance
The Project Manager assists the Customer with the configuration of user-
defined options. These options include:
• Deciding which vendor to use for payment processing.
5.1.1.5 Perform Quality Assurance Testing
Selectron Technologies thoroughly tests all applications and hardware prior to
delivery, ensuring system functionality.
5.1.1.6 Provide Marketing Materials
Selectron Technologies provides marketing collateral that the Customer can
use to promote the interactive solution to citizens. Marketing collateral
includes a poster,tri-fold brochure, and business card; standard templates for
each item are used. Collateral is developed using Adobe® InDesign®CS2
and is provided to the Customer in PDF format(original InDesign files are pro-
vided upon request).
Marketing collateral is adapted to the Customer's jurisdiction. Selectron Tech-
nologies' Project Manager assists the Customer in gathering the correct infor-
mation to be displayed on the marketing collateral. Information displayed
includes the following:
• Interactive solution's phone number
• Jurisdiction logo (preferably in EPS format)
• Jurisdiction address
• Name of the interactive solution, if Selectron branding is not utilized
• Included modules and functionality
• Additional contact/informational phone numbers
• Emergency contact information
• Sample utility bill for use on materials (PDF format)
• Inspection codes
• WebPermits web address
• WebUtility web address
The templates are adapted to fit the Customer's jurisdiction using the informa-
tion from the above list. The Customer is able to review the material to ensure
information accuracy. If errors exist, the marketing materials are emended to
display the correct information. Any changes to the collateral that do not
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include the items listed above (e.g., design changes to the template)are
billed on a time and materials basis. Any changes to the marketing materials
after final delivery are also billed on a time and materials basis.
5.1.2 Installation
Selectron Technologies provides two days of on-site installation, testing, and training
for the interactive solution. Refer to section 4.3, Installation and Training, for addi-
tional information.
5.1.3 On-going System Maintenance
Selectron Technologies' support plan includes repair or replacement of any failed
hardware or software component, a toll-free support line, and dial-in technical support
for the solution. Refer to the Contract for more information.
5.2 Customer
This section outlines the Customer's system implementation and maintenance require-
ments.
5.2.1 Pre-Installation
5.2.1.1 Return Implementation Questionnaire
Selectron Technologies' Project Manager provides the Customer with an
implementation questionnaire (section 5.1.1.2, Provide Documentation).
The implementation questionnaire must be returned prior to developing the
call flow design and the implementation timetable. Each application included
in the interactive solution has a separate implementation questionnaire. Refer
to section 2.0, Functionality, for a list of all included applications.
5.2.1.2 Determine System Connection
Selectron implements using VoIP (Voice over Internet Protocol) by default if
the Customer is set up for it. If the Customer is using analog lines, a T1 line,
or ISDN (Integrated Digital Services Network), a Digital Media Gateway will
be implemented. At times, these methods may incur differing costs (including
such items as hardware, telephony professional services, or special installa-
tion services). The Project Manager will detail such special considerations as
part of choosing the connection method. Once determined, and hardware has
been purchased, changes to the connection configuration shall incur addi-
tional charges.
• VoIP Because VoIP is highly configurable, every VoIP deployment is
unique. Even though SIP is growing to be the industry standard, it con-
tinues to evolve and different vendors can interpret said standards in
different ways. Selectron has successfully implemented multiple IVR
solutions in a variety of VoIP environments.
• The Customer is responsible for ensuring that the VoIP system is con-
figured correctly to allow full functionality of the interactive solution. Full
functionality may require additional third-party hardware and services,
which are the responsibility of the Customer. Additional integration ser-
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vices are provided by Selectron Technologies' Project Manager and
development team as part of the implementation process.
• If the Customer is upgrading a Selectron interactive solution to a VoIP
environment, an additional license fee is required to upgrade to the lat-
est version of the Syntellect CT ADE toolkit.
• Media Gateway A media gateway allows the interactive solution to run
on VoIP, even if the Customer has t1 or analog lines. Depending on the
type of line, an analog or T1 media gateway (or, in rare cases, multiple
gateways) will be implemented. Typically, Selectron uses Dialogic
media gateways, but may implement an alternative gateway device if
the alternative is better suited to the Customer's environment and the
interactive solution feature set.
• To ensure full functionality, analog lines are sometimes used to connect
the interactive solution to the Customer's VoIP switch via a gateway
device(which is not included with the interactive solution).This gateway
device must support all necessary functions required of the switch
(such as transfers).
• The IVR and Analog or T1 lines are plugged into the media gateway.
Using a media gateway allows Selectron to configure the IVR as VoIP,
meaning there is no need for voice boards on the IVR, and server HMP
licenses are installed on the IVR.
• Having a media gateway minimizes the downtime necessary for switch-
ing to VoIP, if the Customer should choose to convert to VoIP in the
future.
5.2.1.3 Provide Customer Specific Information
The following information should be supplied to Selectron Technologies, in
conjunction with the Implementation Questionnaire, to help create a precisely
integrated product. For further clarification on the format and detail of the fol-
lowing data, refer to the Implementation Questionnaire or contact your Selec-
tron Technologies' Project Manager.
• Street names
• Observed holidays
• Extensions used for transfer functions
• Inspection result codes and descriptions
• Permit status codes and types
• Inspection types and descriptions
• Validations used for scheduling an inspection
• Correction codes and descriptions
• Permit numbering scheme
• Utility account numbering scheme
• Validations used for receiving payment on a utility bill
• Validations used for receiving payment on a citation
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5.2.1.4 Define Permitting System and Interface Specifications
Selectron Technologies configures the interactive solution according to the
Customer's completely defined permitting system and interface specifica-
tions. If the permitting system and interface are being developed in conjunc-
tion with the interactive solution, Selectron Technologies works with the
Customer and permitting system vendor to define system specifications. The
specifications must be completely defined prior to starting development on the
interactive solution. Any subsequent changes to the defined specifications
during development are billable on a time and materials basis.
5.2.1.5 Define Utility System and Interface Specifications
Selectron Technologies configures the interactive solution according to the
Customer's completely defined utility system and interface specifications. If
the utility system and interface are being developed in conjunction with the
interactive solution, Selectron Technologies works with the Customer and util-
ity system vendor to define system specifications. The specifications must be
completely defined prior to starting development on the interactive solution.
Any subsequent changes to the defined specifications during development
are billable on a time and materials basis.
5.2.1.6 Define Citation System and Interface Specifications
Selectron Technologies configures the interactive solution according to the
Customer's completely defined citation system and interface specifications. If
the citation system and interface are being developed in conjunction with the
interactive solution, Selectron Technologies works with the Customer and
citation system vendor to define system specifications. The specifications
must be completely defined prior to starting development on the interactive
solution. Any subsequent changes to the defined specifications during devel-
opment are billable on a time and materials basis.
5.2.1.7 Approve Call Flow
The Customer is responsible for approving the call flow design developed by
Selectron Technologies' Project Manager. Once the call flow design has been
approved, software development begins.
5.2.1.8 Provide Remote Network Access to Permitting Database
In order to fully test the interactive solution, Selectron Technologies requires
access to the permitting database prior to installation. Selectron Technolo-
gies' Project Manager provides a Remote Access Questionnaire to help the
Customer identify the necessary requirements (section 5.1.1.2, Provide Doc-
umentation). If remote access is not granted,the Customer should inform the
Project Manager immediately.
While system installation can be successful without prior access to the permit-
ting database, additional, post-installation development and testing time will
be necessary, delaying system activation by 1-2 weeks.
5.2.1.9 Provide Remote Network Access to Utility Database
In order to fully test the interactive solution, Selectron Technologies requires
access to the utility database prior to installation. Selectron Technologies'
Project Manager provides a Remote Access Questionnaire to help the Cus-
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tomer identify the necessary requirements (section 5.1.1.2, Provide Docu-
mentation). If remote access is not granted, the Customer should inform the
Project Manager immediately.
While system installation can be successful without prior access to the utility
database, additional, post-installation development and testing time will be
necessary, delaying system activation by 1-2 weeks.
5.2.1.10 Provide Remote Network Access to Citation Database
In order to fully test the interactive solution, Selectron Technologies requires
access to the citation database prior to installation. Selectron Technologies'
Project Manager provides a Remote Access Questionnaire to help the Cus-
tomer identify the necessary requirements (section 5.1.1.2, Provide Docu-
mentation). If remote access is not granted, the Customer should inform the
Project Manager immediately.
While system installation can be successful without prior access to the cita-
tion database, additional, post-installation development and testing time will
be necessary, delaying system activation by 1-2 weeks.
5.2.1.11 Acquire Payment Processing Services
To enable credit card payment processing, the Customer must acquire the
payment processing services of a third-party vendor. The Customer is encour-
aged to discuss different options with their Selectron Technologies' Project
Manager.
5.2.1.12 Determine Web Application Appearance
To create web application web sites that complement the Customer's current
web site, colors for the background, buttons, and text can be chosen. The col-
ors should be submitted in a hexadecimal format. Additionally, space is pro-
vided for the Customer's logo or a header and footer. The logo, header, and
footer must be provided to Selectron Technologies in either a GIF or JPEG
format. When submitting a logo, it should be no larger than 2.5"wide and 2"
(250 pixels x 75 pixels) high. Headers and footers should be no larger than 7"
wide and 2" (700 pixels x 75 pixels) high.
5.2.1.13 Define Web Site Links
Up to four links on each web application's site are provided for the Customer's
use. These links could be used by web site visitors to access the Customer's
privacy policy, terms of service, and/or contact information. Whatever the
Customer chooses,the destination point for each link is provided to Selectron
Technologies in accordance with the implementation process.
5.2.1.14 Confirm Pre-Install Tasks
Selectron Technologies' Project Manager provides the Customer with a pre-
installation checklist (refer to section 5.1.1.2, Provide Documentation).
Once the checklist is completed and returned,the Project Manager schedules
the on-site installation.
1. "Web application"refers to each interactive web solution included in this implementation(i.e.,Wcbpermits,WebUtility,
WebCitation,etc.).
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5.2.2 Installation
5.2.2.1 Provide Installation Assistance
The Customer must ensure that telephony and network staff are available, or
on stand-by, to assist with Selectron Technologies' Installation Specialist, if
needed.
5.2.2.2 Provide Permitting Database Access
The interactive solution's server must have access to the permitting database
and must be allowed access as a user on the database. The server may
require additional licenses in order to have full access to the permitting data-
base; these licenses are the Customer's responsibility. In addition, the Cus-
tomer must purchase and implement the permitting database's interface.
5.2.2.3 Provide Utility Database Access
The interactive solution's server must have access to the utility database and
must be allowed access as a user on the database. The server may require
additional licenses in order to have full access to the utility database; these
licenses are the Customer's responsibility. In addition, the Customer must
purchase and implement the utility database's interface.
5.2.2.4 Provide Citation Database Access
The interactive solution's server must have access to the citation database
and must be allowed access as a user on the database. The server may
require additional licenses in order to have full access to the citation data-
base; these licenses are the Customer's responsibility. In addition, the Cus-
tomer must purchase and implement the citation database's interface.
5.2.2.5 Provide Network Access
The interactive solution's server must have network access via a 10/100 con-
nection and a fixed IP address.
5.2.2.6 Provide Remote Access
Remote access to the interactive solution's server should be provided to
Selectron Technologies' staff for development and technical support. There
are multiple options for how to set up remote access—Selectron Technolo-
gies' Project Manager helps the Customer choose a solution that best fits the
situation.
5.2.2.7 Install Phone Lines
Depending upon the telephony environment the Customer chooses, the pro-
cess for connecting the interactive solution varies (section 5.2.1.2, Determine
System Connection). The Customer(and, if necessary, the Customer's
phone system provider) ensures that all necessary lines and/or components
are installed and configured to allow integration with Selectron's interactive
solution.
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5.2.2.8 Provide Web Server
Each web application is installed on the Customer's web server. The web
server must have the following applications installed and properly configured
to operate on the server:
• Microsoft Windows ServerTM 2003 (or later)
• Microsoft Internet Information Services (IIS) 6.0 (or later)
• Microsoft .NET Framework 4.0 with MVC3 Framework add-on
The Customer is responsible for the installation and configuration of the listed
applications. If necessary, Selectron Technologies can provide consultation
and assistance on a time and materials basis.
5.2.2.9 Provide Web Server Administrative Access
Selectron Technologies requires an OS (Operating System) administrative
account on the Customer's web server in order to properly install each web
application. During installation, web application files are placed into the Win-
dows system folder. If an OS administrative account is unavailable for use by
Selectron Technologies, a Customer staff member with administrative access
must be available to assist with the installation.
5.2.2.10 Resolve Domain Name
The Customer must ensure that the Fully Qualified Domain Name (FQDN) is
resolved for each installed web application. The FQDN is a name that
uniquely identifies a host system in the Customer's DNS (Domain Naming
System) hierarchy. For example, a system called citation1 in the Selectron
domain would have an FQDN of citation1.selectron.com.
5.2.2.11 Purchase Web Security Certificate
When web functionality has been implemented, the Customer must purchase
and install a Secure Sockets Layer(SSL) certificate for each web application
installed. The SSL certificate is an encryption key and secures transactions
between citizens and the web application. The banking industry requires that
a 128-bit SSL certificate is used for payment processing. This certificate must
be installed after the installation of the web application and before the system
goes live.
5.2.2.12 Confirm Service Functionality
The Customer has 30 calendar days after on-site installation to verify the
functionality of the interactive solution. Within the 30-day system acceptance
period the Customer should test system functionality using the provided Qual-
ity Assurance Test Plan (section 5.1.1.2, Provide Documentation). Addition-
ally, the System Acceptance Sign-off form (section 5.1.1.2, Provide
Documentation) must be sent to Selectron Technologies' Project Manager
within this period.
5.2.3 On-going System Responsibilities and Requirements
5.2.3.1 Provide Remote Access
Remote access to the interactive solution's server must be provided to Selec-
tron Technologies staff for development and technical support. Remote
1/14/14 2.20.8 •• • 30
Selectron Technologies Statement of Work proprietary&confidential
access can be set up using a VPN (Virtual Private Network) or IP (Internet
Protocol) pinhole—Selectron Technologies' Project Manager assists the Cus-
tomer in choosing a solution that best fits the situation.
Additionally, Selectron Technologies requires a variety of access accounts to
the Customer's network and database/system. Changing or deleting access
accounts could lead to disruption in service for the interactive solution and/or
Selectron Technologies' ability to provide timely support. Please notify Selec-
tron Technologies immediately if the following accounts are modified:
• VPN account and password (if applicable)
• Network account and password for the interactive solution
• Permitting database accounts and passwords for the interactive solution
• Utility database accounts and passwords for the interactive solution
• Citation database accounts and passwords for the interactive solution
• Permitting system accounts and passwords for the interactive solution
• Utility system accounts and passwords for the interactive solution
• Citation system accounts and passwords for the interactive solution
• IP address of the permitting database server
• IP address of the utility database server
• IP address of the citation database server
• Group user account and password (Cisco® users only)
5.2.3.2 Provide Web Server Access
While updates for each web application can be developed and tested on the
interactive solution's server, Selectron Technologies requires access to the
web server in order to implement the updates. There are multiple options for
transferring data between the servers; Selectron Technologies' Project Man-
ager assists the Customer with choosing a solution that best fits the situation.
5.2.3.3 Enable Web Site Access
A link to each web application's site must be provided by the Customer,
enabling citizen access. The link can be set at the Customer's current home
page and/or any other useful points within the Customer's web site.
5.2.3.4 Provide Web Application Security
Each web application is designed to operate within the Customer's secure
network environment. Specifically, the software relies on the Customer's
security measures and implements no further security infrastructure.
5.2.3.5 Perform Regular System Backups
The Customer is responsible for including the interactive solution's server in
regular system backup procedures.
5.2.3.6 Maintain Server Environment
The interactive solution's server should reside in an environment that meets
acceptable, industry-standard hardware maintenance protocols. If adequate
1/14/14 2.20.8 31
Selectron Technologies Statement of Work proprietary&confidential
conditions are not maintained and/or the server sustains physical damage
due to misuse, the Customer is responsible for server replacement.
5.2.3.7 Provide Security
The interactive solution is designed to operate within the Customer's secure
network environment. Specifically, the software relies on the Customer's
security measures; no further security infrastructure or anti-virus software is
implemented.
5.2.3.8 Contact Customer Support
Anytime the Customer requests a significant change to their Selectron inter-
active solution, an authorized contact from the agency must provide acknowl-
edgement to Selectron's Customer Support Department.A significant change
is a modification that will A) change system behavior, B) allow users to
change the system, or C) allow access to protected data.
1/14/14 2.20.8 32
Selectron Technologies Statement of Work proprietary&confidential
1/14/14 2.20.8 •• • 33
Selectron Technologies Statement of Work proprietary&confidential
Appendix A: Hardware Specifications
A. Overview
This addendum to the Statement of Work details the interactive solution's hardware specifications.
B. Hardware
B.1 Selectron Technologies Provided Server
The hardware delivered for this implementation is an HP DL380 G7 server. This thin-line,
rack-mountable server has RAIDS with SAS drives and four(4) GB RAM. The server comes
standard as a 2U rack mount. A KVM (keyboard, video, mouse) switch can be requested, if
required by the Customer. Selectron Technologies reserves the right to select a different
server at any point prior to system installation, provided that it is also optimized for the inter-
active solution.
B.2 Web Server
It is assumed that a web server is to be provided by the Customer(see section 5.2.2.8, Pro-
vide Web Server, for minimum specifications).
B.3 Test Server
The Customer's existing VoiceUtility solution will be migrated to the new server being pro-
vided as part of this project. The Customer's existing production server will then be con-
verted to a test system.
B.4 Return of Hardware
In the event that replacement hardware is required, the original hardware must be returned
to Selectron Technologies. Situations requiring the return of replaced hardware include but
are not limited to: hardware upgrades, server exchanges, and installation of a single shared
application server that replaces a multiple server, multiple application environment.
Pricing provided in the purchase of replacement or upgraded hardware reflects a discount
for returning the current hardware. Following the go-live of the new interactive solution, the
replaced hardware (including server(s) and all other replaced hardware components) must
be returned to Selectron Technologies. Shipping costs for the return of the hardware are the
responsibility of Selectron Technologies.
If the Customer chooses to retain the original hardware, the Customer is not eligible for the
discount on replacement hardware listed in the Quote.
B.5 Customer Provided Server
If the Customer requires another server, other than the one provided with the interactive
solution (section B.1, Selectron Technologies Provided Server), Selectron Technologies
must be notified immediately during the initial phase of project implementation. It is the Cus-
tomer's responsibility to provide an adequate replacement that meets Selectron Technolo-
gies' Customer Provided Server Policy requirements. If a dual-processor server is provided
...........
1/14/14 2.20.8 • 34
Selectron Technologies Statement of Work proprietary&confidential
by the Customer, additional license fees are required due to third-party licensing agree-
ments. A dual-processor server is not required for the system.
B.6 VoIP Ports
The interactive solution includes ten (10) licensed VoIP ports.
1/14/14 2.20.8 •• 35
�(;
AGENDA REQUEST
Date: February 13, 2014
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS March 3, 2014
ITEM DESCRIPTION:
One Pierce Impel Custom Pumper(fire apparatus).
BACKGROUND:
The Fire/Rescue Department has been relying on the current backup Pumper Engine 155 that is 25 years
old (twenty-five) and has outlived its useful life for daily operations. This Pumper Engine does not meet
current National Fire Protection Association (NFPA) standards for Fire Apparatus. The biggest standard it
violates is the open cab chassis. On multiple occasions this vehicle has had mechanical breakdowns
during emergency calls. The replacement of this Pumper Engine will reduce down time, repair cost and
increased reliability. This Pumper Engine will become a front line unit moving Pumper Engine 57 into the
backup position
The unit is being offered for $422,018 by accession of the St. Johns County Contract RFP 07-53 for Fire
Apparatus and Special Application Vehicles and the quote is based upon dealer net/GSA pricing per GSA
Schedule item #710 and includes a discount of $18,023.00 which requires 100% prefunding of the
contract at the time of order entry.
The cost of this replacement vehicle is covered by the Capital Improvement Revenue Note Series 2014.
STAFF RECOMMENDATION:
Staff recommends approving the purchase of a new One Pierce Impel Custom Pumper(fire apparatus)
from Pierce Manufacturing, Inc., in the amount of$422,018.00 per the enclosed specifications.
ACTION REQUESTED:
Motion to approve the purchase of a new One Pierce Impel Custom Pumper(fire apparatus)from Pierce
Manufacturing, Inc., in the amoun of$422,018.00 and all necessary budget amendments
FINANCIAL IMPACT: /
(Finance Director) •
Line Item:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES x_ NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: AGENDA ITEM #
Respectfully submitted, Concurrence:A
tJc-Y(
t ephen Cousins Robin L. Matusick
Fire Chief Parale•al
Trace . Barlow
City anager
Pierce Manufacturing Inc.
AN OSHKOSH CORPORATION COMPANY.ISO 9001:2000 CERTWIED
2600 AMERICAN DRIVE
POST OFFICE BOX 2017
APPLETON,WISCONSIN 54912-2017
920-832-3000•FAX 920-832-3208
www.piercemfg.com
January 27, 2014
Reference: Apparatus Pricing
Chief Stephen Cousins
Edgewater Fire Rescue
P.O. Box 100
Edgewater, FL 32132
Chief Cousins,
We sincerely appreciate the opportunity, once again, to be the City of Edgewater's provider of fire apparatus.
Over the years, it has really been a pleasure to work with you and all the members of the fire department.
Per our recent conversations, we are pleased to present you with our proposal for a new Pierce Impel custom
pumper. This unit would be manufactured at our facilities located in Appleton, Wisconsin. After inspection at
the factory by City of Edgewater personnel, we will deliver the new apparatus to the City of Edgewater for final
acceptance. Once the City's purchase order is received, this process will take approximately 8 months to
complete.
The price for the new apparatus, FOB Edgewater, FL, is $422,018.00. The contract price includes a discount of
$18,023.00. This discount requires 100%prefunding of the contract at time of order entry. If prefunding is not
desired, then the discount must be added to the contract amount. If a performance bond is requested, it may be
purchased for $1,055.00 or a rate of$2.50 per thousand.
I will be preparing the formal proposal binder, complete with detailed specifications and warranties and will
deliver it to you in the next week or so. In the meantime, if there is anything you need or additional information
required, please let me know.
Best :rds always,
Robert F. Boggus
Ten-8 Fire Equipment, Inc.
Authorized Sales Representative
Pierce Manufacturing, Inc.
PROPOSAL FOR FURNISHING FIRE APPARATUS
January 27, 2014
City of Edgewater Fire Rescue
P.O. Box 100
Edgewater,FL 32132
The undersigned is prepared to manufacture for you,upon an order being placed by you,for final
acceptance by Pierce Manufacturing,Inc.,at its home office in Appleton,Wisconsin,the apparatus and
equipment herein named and for the following prices:
One Pierce Impel Custom Pumper per the enclosed proposal. $ 440,041.00
This unit is being offered by accession St. Johns County Contract RFP 07-53 for
Fire Apparatus and Specialty Application Vehicles.
Pricing is based upon dealer net/GSA pricing per GSA Schedule Item#710.
A pricing sumary is included on the following page for your review.
Deduct for 100%prefunding of contract at time of order. (18,023.00)
Total$ 422,018.00
Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto
attached, delays due to strikes,war,or intentional conflict, failures to obtain chassis,materials,or other causes
beyond our control not preventing,within about 8 months after receipt of this order and the acceptance thereof
at our office at Appleton, Wisconsin,and to be delivered to you at the City of Edgewater, Florida.
The specifications herein contained shall form a part of the final contract,and are subject to changes
desired by the purchaser,provided such alterations are interlined prior to the acceptance by the company of the
order to purchase,and provided such alterations do not materially affect the cost of the construction of the
apparatus.
The proposal for fire apparatus conforms with all Federal Department of Transportation(DOT)rules
and regulations in effect at the time of bid, and with all National Fire Protection Association(NFPA)Guidelines
for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications.
Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA
standards will be passed along to the customers as an addition to the price set forth above.
Unless accepted within 45 days from date,the right is reserved to withdraw this proposition.
Pierce Mani ' 'Luring, Inc.
By: % _
AUTHORIZED S• S REPRESi� •
Robert F. Boggus
QSD1397 PERFORM.LIKE NO OTHER Revised: 12/29/2008
7i-rwf.8 Pleitce,
IN SERVICE TO SERVE YOU
CITY OF EDGEWATER FIRE RESCUE
PROPOSAL FOR ONE PIERCE IMPEL
CUSTOM PUMPER
FISCAL YEAR 2013/2014
PRICING SUMMARY BASED ON ST. JOHNS COUNTY CONTRACT
Net Due Pierce — GSA price level, Model 710 $353,457.00
Changes to GSA model, including chassis changes $68,760.00
Apparatus Subtotal $422,217.00
3% Mark-up per St. Johns County Contract $12,667.00
GSA Administration Charges —Inspections, Delivery, $5,157.00
Training, Sales Administration and Advertising
FINAL APPARATUS PRICE $440,041 .00
FOB, EDGEWATER, FLORIDA
l Dd
AGENDA REQUEST
Date: February 20, 2014
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS March 3, 2014
ITEM DESCRIPTION:
Memorandum of Agreement—Volusia/Flagler Family YMCA
BACKGROUND:
The City and YMCA originally entered into a Memorandum of Agreement on February 23, 1999 and amended July 18, 2011.
This agreement is being revised to insert Lease of the Facility language for the expansion of the Facility in 2014. These lease
payments totaling$453,500 over a ten year period and covers all principal, interest and associated fees towards the expansion
of the Facility in 2014. The one hundred and twenty(120)consecutive monthly payment amounts will be$3,779.17. The first
lease payment shall be due on April 1,2014 and the last shall be due on March 1,2024.These payments are to reimburse the
City for the expansion of the Facility in 2014.
STAFF RECOMMENDATION:
Staff recommends City Council approve the Amended and Restated Memorandum of Agreement between the City of
Edgewater and the YMCA.
ACTION REQUESTED:
Motion to approve the Amended and Restated Memorandum of Agreement between the City of Edgewater and the YMCA
and authorize the Mayor to sign the agreement and all necessary budget amendments.
FINANCIAL IMPACT:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES_x_ NO
PREVIOUS AGENDA ITEM: YES NO
If so, DATE: N/A AGENDA ITEM# N/A
Respectfully submitted, Concurrence:
ins
Jo McKinney Robin L. Matusick
Finance Director Paralegal
tc
Tracey T. a low 4
City Manager
AMENDED AND RESTATED MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF EDGEWATER and YMCA
This Memorandum of Agreement is made and entered into by the CITY OF
EDGEWATER, a Florida municipality, (hereinafter referred to as"City"), and the VOLUSIA/
FLAGLER FAMILY YOUNG MENS CHRISTIAN ASSOCIATION, INC., a Florida
non-profit organization, (hereinafter referred to as "YMCA"), and is duly attested to by the
signatures of authorized officials of each organization.
PURPOSE
The City and YMCA originally entered into a Memorandum of Agreement on February 23,
1999. The original Memorandum of Agreement was amended and restated in its entirety on
March 19.2001 July 18,2011. , •. .. - -
April 5, 200.1 and Addendum Number 2 dated July 30. 2007. This Amended and Restated
Memorandum of Agreement Between the City of Edgewater and YMCA supersedes and replaces
all previous agreements and addendums between the parties.
This Agreement is to describe the management and use of the City's
Gymnasium/Recreational Facility (commonly referred to as the Facility) on City-owned land
located at the twenty-six (26) acres at 146 W. Turgot Avenue, Edgewater, Florida (commonly
referred to as the Hawks Park Recreational Complex).
The City and YMCA are committed to work together to provide high quality education,
health,fitnesewellness and recreation programs to the local citizenry.
The City owns the Facility at the Hawks Park Recreation Complex. The YMCA plans to
operate the Facility by offering various recreational,sports,fitnesswellness,aquatic,childcare and
other programs . The Facility shall be owned by the City, managed by the YMCA, and
(Revised Agreement/YMCA-March 2014Jnne20 4) 1
J
maintained by the City and the YMCA as outlined below.Any and all improvements and additions
to the Facility by the YMCA must be approved by the City Council.
COVENANTS and AGREEMENTS
1. Appointment of the YMCA
The City grants the YMCA sole and exclusive rights to manage and maintain the Facility.
The YMCA will operate traditional recreational programs as a non-profit
membership-based organization.
2. Major Responsibilities of the YMCA
a. General
The YMCA shall establish and use its best efforts to manage and operate the City's
Facility diligently, cost effectively and professionally, in the best interests of the
City and the YMCA, The YMCA will provide professional staffing necessary to
ensure high quality YMCA programming during the specified operating hours.
b. Hold Harmless
As a part of the consideration provided for herein, The YMCA shall indemnify,
hold harmless and defend the City, its officers, agents and employees, from and
against all liabilities, damages, losses and costs, whether direct, indirect, or
consequential,including but not limited to bodily injury,sickness,disease or death,
personal injury, or injury to or destruction of real or tangible property, including
loss of use, to the extent such liabilities, damages,losses and costs arise out of or
are related to or in any way connected with or resulting from the YMCA's use or
I (Revised Agreement/YMCA-March 20I43wne24.444) 2
use by any other person or organization permitted to use the Facility by the YMCA,
negligent or reckless acts,errors or omissions or intentional wrongful misconduct
arising out of its use of the Facility. When groups other than the City and YMCA
are using the Facility or any part of the Facility,those users will be held responsible
for their activities and must provide insurance coverage in an amount acceptable to
the YMCA and City, naming the YMCA and the City as additional insured on
liability coverage and loss payee as the City's and the YMCA's interest may appear
on property coverage and shall indemnify and hold harmless the YMCA and the
City from claims arising out of or in connection with their use.
c. Insurance
The YMCA agrees to purchase and maintain insurance throughout the entire term
of this Agreement,and submit proof of same,on the contents of the building as well
as to carry the appropriate insurance to cover the activities in and around the
Facility. The YMCA shall provide the City with proof of general liability,
vehicular liability and worker's compensation insurance covering the YMCA in the
following amounts:
-Worker's Compensation Insurance:commensurate with the requirements setforth- - f Formatted:Indent:Left: 1",First line: 0.05"
in Florida Statutes;
-General Liability:(occurrence form)$500,000.00 combined single limits for
bodily injury,personal injury and property damage.
-Automobile Liability:$500,000.00 combined single limits per accident forbodily
injury and property damage;
-Umbrella Policy: with limits of$1,000,000.00. Proof of insurance and levels of
(Revised Agreement/YMCA-March 2014J•ene20-1-1-) 3
coverage will be updated on a yearly basis.The City of Edgewater shall be a named
insured under the YMCA policies and an appropriate binder shall be issued and
delivered to the City annually with the required coverage The YMCA shall not
permit any person or entity to use the Facility unless such person or entity has
complied with the insurance requirements, including the workers' compensation,
general liability, automobile liability, and umbrella insurance requirements,
contained herein. Insurance coverage shall be placed with insurers or
self-insurance funds,satisfactory to the City,licensed to do business in the State of
Florida and with a resident agent designated for the service of process.All insurers
shall have an"A"policyholder's rating and a financial rating of at least Class IX in
accordance with the most current Best's rating.. The insurance policies may not
lapse,be canceled,or amended without at least thirty(30)days prior written notice
to the City.
d. Facility Maintenance
The YMCA will maintain the Facility in a safe and attractive condition and provide
ongoing security,janitorial services, including all floor cleaning and waxing. The
YMCA will be responsible for the maintenance of all exercise equipment, video
equipment,game stations,televisions,telephone systems,computer equipment and
monitoring equipment as well as the maintenance of the swimming pool as required
by Volusia County Health Department and other regulatory agencies, including
monitoring and testing of pool chemicals.The YMCA will also be responsible for
the maintenance contracts for other equipment and services such as; swimming
pool and associated equipment, maintenance and monitoring of the fire alarm
(Revised Agreement/YMCA-March 20141Une20{.4..) 4
system, exterminator, and trash collection. The YMCA shall be responsible to
repair all incidental damage caused by YMCA employees, agents and
members/participants in the YMCA programs regardless of the dollar amount of
repairs.
e. Subletting
The YMCA will not sublet the Facility to any third party without the express
written consent of the City,this consent not being unreasonably withheld.
f. Responsibility for Utility Payments
The YMCA agrees to pay all water, sewer, stormwater, solid waste collection,
charges customarily charged by the City. The YMCA agrees to pay for all utility
charges(power,telephone,cable,etc.)as required.
g. Non-Discrimination
I. Open to All. All YMCA programs and activities shall be open to all
without regard to age, race, religion, color, sex, place of residence, or
national origin and meet all ADA requirements.
2. Membership Fees. YMCA membership fees shall be the same for all
branches with the VOLUSIA FLAGLER FAMILY YMCA,
3. Scholarships. The YMCA agrees that the scholarship program will be
available for City residents that are financially unable to afford current
membership fees. The City agrees to allocate funds annually for the
purpose of sponsoring scholarship programs for residents of the City of
(Revised Agreement/YMCA-March 20141tine201l) 5
Edgewater. The funds allocated for the scholarship program will be
divided into twelve(12)equal payments and disbursed to the YMCA on a
monthly basis. The City agrees to provide these funds in decreasing
annual amounts as follows:
Year 2012: $10.000
Year 2013: $30,000
Year 2014: $20,000
Year 2015: $10,000
Year 2016 and subsequent years: $0
The YMCA agrees to provide financial assistance to include those who
cannot afford the fees within the limit of YMCA resources.
4. Use by Outside Groups. The YMCA shall make available opportunities
for other duly recognized community organizations to use the Facility,at a
reasonable charge to cover expenses, and on a space available basis, and
when access does not interfere with membership services or regular YMCA
programs. YMCA agrees to make their best efforts to accommodate any
uses of the Facility as requested by the City.
h. Taxes
The YMCA shall have sole responsibility for the collection and remittance of
applicable sales and use taxes. Failure of the YMCA to pay shall constitute
grounds for the immediate cancellation of this Agreement by the City. Both
parties recognize that the YMCA will continue to maintain their tax-exempt status
as a 501c(3).
(Revised Agreement/YMCA-ti1arcl_i„'Q143une20-Fa-} 6
i. Signage
Any signage installed by the YMCA shall meet the national graphic standards of
the YMCA and be approved by the City Council and meet the requirements of the
ordinances of the City of Edgewater,unless a variance thereto is granted by the City
Council of the City of Edgewater.
1. Exterior Identification. The City shall install and maintain an exterior
sign at the Facility. All signage must meet current City of Edgewater
building codes.
2. Interior Signs. The YMCA may install and shall neatly maintain interior
directional,programmatic, promotional,and functional signs. All interior
signs shall be properly installed and maintained.
j. Representation
The YMCA will provide to the City an allocation of one voting position as a
member of the YMCA family center Board of Directors. The member shall be
appointed by the City Council.
k. Annual Review
At least once per year, in the early spring, the YMCA will present to the
City Council a review of the previous year's programs and operation and discuss
future program needs and direction of the YMCA.
The YMCA will also coordinate semi-annually (March - October) with
City Staff(YMCA Coordinator or Leisure Services Director)for inspection of the
premises and equipment along with coordination and review of the various
programs operated and offered by the YMCA. The City Council shall have the
(Revised Agreement/YMCA-March 20143u+re20I 7
right to review the annual listing of programs offered by the YMCA. The City
shall review the programs as a component of the City's annual budget review and
may make requests for the addition of new programs. Funding of new programs
may require financial assistance from the City.
Program offerings will remain within the sole discretion of the YMCA;
provided, however those programs desired by the City, but not adopted by the
YMCA,may be provided and funded by the City.
Debt Service
The YMCA shall not make any representations to any financial institution that
would obligate the City for payment of any loans to the YMCA. The YMCA shall
not offer the Facility or Hawks Park Recreational Complex in any form as an
obligation for debt amount by the YMCA.
m. Alterations and Improvements
The YMCA shall not make any permanent or temporary alterations,improvements
or additions to the Facility without the prior written consent of City Council. Any
alteration, improvement or addition to the Facility, approved by the City shall be
designed by a licensed professional and constructed, installed and maintained in a
good,safe and workmanlike manner,complying with all applicable building codes
and regulatory permitting requirements and shall be paid for in full by the YMCA.
Any such alteration, improvement or addition to the Facility shall become the
property of the City,unless otherwise agreed to in writing by both parties.
3. Responsibilities of the City
The City shall indemnify,hold harmless and defend the YMCA,its officers,agents
I (Revised Agreement/YMCA-March 20143une201-1) 8
volunteers and employees, from and against all claims of liabilities, damages,
losses and costs, whether direct, indirect, or consequential, including but not
limited to, those for bodily injury, sickness, disease or death, personal injury, or
injury to or destruction of real or tangible property, including loss of use, to the
extent such liabilities, damages, losses and costs result from negligent act or
omission by the City related to Notwithstanding the foregoing, nothing in this
Agreement shall be deemed as a waiver of sovereign immunity or the limits of
liability provided for in section 768.28, Florida Statutes. Notwithstanding the
foregoing, nothing in this Agreement shall benefit any party which would
otherwise be barred under section 768.28 or by operation of law.
Facility Repairs. The City will be responsible for all building and grounds repair and
maintenance,with the exception of the swimming pool and related equipment, to
the Facility except for YMCA responsibilities defined in paragraph 2.d.
Maintenance is intended to include normal wear and tear of the facility and would
include but not be limited to: maintenance, replacement and installation of light
fixtures; interior and exterior painting; maintenance, replacement and installation
of air conditioner units and fixtures;parking lot maintenance;and roof repairs.The
City agrees to allocate appropriate funds each year for the purpose of repairs and
maintenance of the facility.The amount allocated each year will be determined by
the required maintenance anticipated and/or planned for in the following
appropriate fiscal year.The funds will be included in the City of Edgewater annual
budget process.The City also agrees to establish a Renewal and Replacement Fund
I (Revised Agreement/YMCA-March 20143une2414) 9
for the purpose to upgrade the facility in the future.
Grounds Maintenance. The City will perform all maintenance of the grounds outside
the Facility and surrounding the swimming pool(s),and all adjacent parking lots.
Advertising and Promotion. YMCA must receive the City's prior written approval on
all proposed advertising and promotions relating to or specifically identifying the
City in any way, including but not limited to the City's name,logo,or activities.
4. Shared City-YMCA Responsibilities
a. Design of Facility. The City and YMCA will jointly design any expansion to the
recreational facility that may include, but not be limited to the following: floor
plan, color scheme, aesthetic design, elevation design of additional swimming
pool(s) design and construction. The Facility will be in compliance with the
standard building codes and will meet emergency management requirements to be
designated as an emergency shelter.
b. Use of the Facility. The YMCA will make the Facility available to the City for
use at least four(4)times per year providing the request is made at least thirty(30)
days in advance and does not cause a scheduling conflict.
c. Programs are not in Competition. The City and YMCA agrees to meet regularly
or as needed to review programs and proposed schedules and to assure that any
program competition is minimized.
d. Emergency Use. In the event of a natural disaster or other unforeseen emergency,
I (Revised Agreement/YMCA-March 20I4Juiie20-14-) 10
the YMCA shall make the Facility available to the City as deemed necessary by the
City for emergency preparedness and operations and as an emergency shelter for
area residents. The YMCA acknowledges that the Edgewater Elementary Schools
may use the Facility as an emergency shelter in the event of a disaster.
e. Security
1. The YMCA shall,at its expense,install door alarms and other such security
devices as it deems necessary.
2. Video security will be a YMCA option and cost,unless the City deems it a
requirement.
3. As-needed,the YMCA will provide staff to monitor buildings and provide
security protection,especially during special late events.
f. Limits of Responsibility. Neither the YMCA nor the City shall have the power,
right, or authority, expressed or implied,to act or perform its duties in such a way
as to commit, obligate or bind the other, except as expressly provided in this
Agreement and only to the extent specifically set forth herein.
5. Term of the Agreement
a. Duration
The term of this Agreement shall be 10 years.After the 10 year term has expired
there shall be an option to renew for two additional 10 year periods provided the
parties mutually agree on the terms at the time of renewal. In the event the parties
are unable to agree upon the terms subject to the renewal, the Agreement shall
terminate. Due to potential changing conditions, the Agreement may be
renegotiated and renewed at the request of the City Council or the YMCA Board at
(Revised Agreement/YMCA-March 2014Jane2011) 1 1
any time provided any amendments are in writing and executed by both parties.
b. Starting Date
This Agreement shall begin upon execution of the document by both parties.
c. Lease
YMCA shall lease the Facility and agrees to pay to CITY lease payments totaling
$453,500 over a ten year period. The one hundred and twenty(120)consecutive
monthly payment amounts will be $3.779.17. The first lease payment shall be
due on April 1, 2014 and the last shall he due on March 1. 2024. These lease
payments are to reimburse the CITY for the expansion of the Facility in 2014.
Such lease payments shall be due and payable to the City of Edgewater. Finance
Department. 104 N.Riverside Dr.Edgewater.FL 32132 no later than the l51 of each
month.
The YMCA shall lease the Facility for on annual fee of $100.00. The lease
payment-shall be due.each.Ianua'y-1st.
d. Termination of the Contract
If the Agreement is terminated within thirty(30)years from the completion of the
new Facility, the City shall reimburse the YMCA for a pro-rata share of the
construction costs over a thirty(30)year depreciation schedule.
1. Default by the YMCA. Should the YMCA default on the terms of this
Agreement and fail to cure the default within thirty(30)days after written
notification from the City,the City Council may terminate this Agreement
on ninety(90)days written notice.
2. Mutual Agreement. This contract may be voided by mutual agreement.
I (Revised Agreement/YMCA-March 20141u}ae244) 12
3. Bankruptcy. This contract is void if the YMCA undertakes voluntary or
involuntary bankruptcy.
4. No Financial Penalties. There will be no financial penalties for
termination under the above provisions.
5. Grievance Procedure. Should either the City or the YMCA have a
grievance with the other arising out of this Agreement, and after serious
efforts for resolution have failed, a negotiation team will be formed. The
City and YMCA will each name a negotiator and the two negotiators will
pick a third. Their recommendations will not be binding,but will become
the basis for attempting a new resolution to the grievance.
6. Compliance with Laws. At its sole expense, the YMCA shall, with
respect to its management of the Facility covered herein, comply with all
applicable laws, orders, ordinances, rules and regulations of any
governmental authority or quasi-governmental authority having or
asserting authority or jurisdiction. The YMCA shall at its sole expense
execute file and obtain, as applicable, punctually when due, all forms,
reports,licenses,permits and returns required by law in connection with its
management operation.
7. Americans with Disabilities Act (the "ADA"). The City shall be
responsible for assuring the Facility is in compliance with the ADA as of
the contract signing date.
8. Attorney's Fees. In the event of litigation between the parties hereto,
arising out of this Agreement, the prevailing party shall be entitled to
I (Revised Agreement/YMCA-March 2014Js+ne20 1...1.) 13
attorney=s fees and costs.
9. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida and shall be determined by
a court of competent jurisdiction in the State of Florida.
10. Entire Agreement. This Agreement embodies the whole understanding
of the parties. There are no promises, terms, conditions, or obligations
other than those contained herein, and this Agreement shall supersede all
previous communications, representations, or agreements, either verbal or
written between the parties hereto.
11. Severability. The inapplicability or unenforceability of any provision of
this Agreement shall not limit or impair the operation or continued validity
of any other provision.
12. Counterparts. This Agreement may be executed in any number of
counterparts, each of which, when executed and delivered, shall be an
original, and such counterparts together constitute one and the same
instrument.
13. Assignability. The YMCA shall not assign this Agreement,or any interest
it may have hereunder,without the prior written consent of the City. This
Agreement is binding upon the successors and permitted assigns of the
YMCA and City.
14. Waiver of Defaults. Waiver by either party of any breach or default by
the other party under any terms of this Agreement shall not be deemed to
nor shall the same constitute a waiver of any subsequent breach or default
(Revised Agreement/YMCA-March 20I43uune2O11-) 14
on the part of either party.
15. Beneficiaries. This is an agreement only by and between the City and
YMCA and for their benefit and the benefit of their successors and assigns
permitted by this Agreement. No other person or party shall be beneficiary
hereof or have any rights hereunder, and no rights are conferred by this
Agreement upon any other person or party,whether their name may be used
or otherwise identified in this Agreement.
16. Headings. The headings preceding the text of the sections and subsections
of this Agreement are used solely for convenience of reference and shall not
affect the meaning,construction or effect of this Agreement.
17. Gender. The terms"City"and"YMCA"shall be deemed to include both
the singular and plural where appropriate, and the use of any gender,
whether masculine, feminine or neither, shall include all genders, as and
where appropriate.
18. Mutual Cooperation. The City and YMCA agree to use their respective
best efforts to effect the management of the Facility pursuant to the
provisions of this Agreement on mutually acceptable bases. This
Agreement has been negotiated at arm's length between the parties. This
Agreement shall not be construed against the City (or the YMCA) in the
event of ambiguity herein. No representation,warranty,course of dealing
or inducement made by either party not set forth herein was material to the
decision of YMCA and the City to enter into this Agreement.
19. Status of Parties. Without limiting anything heretofore contained in this
(Revised Agreement/YMCA-March 20141u ne241-1) 15
Agreement, YMCA shall be responsible for(a)the acts and omissions of
any and all of its employees, agents, or representatives, and (b) the
supervision of any party performing services in the City's facilities herein
covered. In the same way, the City shall be responsible for the acts and
omissions of any and all of its employees,agents,or representatives.
20. YMCA as Independent Contractor. The YMCA is acting under this
Agreement as an Independent Contractor and nothing contained herein,no
act of the YMCA or the City, or any other facts or circumstances,shall be
construed to establish the YMCA as a partner or joint venture or as an agent
of the City. The YMCA shall take all reasonable steps in communicating
with third parties to ensure that such parties understand the authority and
status of the YMCA hereunder as that of Independent Contractor.
21. Assignment of Accountability.
a. For the YMCA. The President or Board Chairman, with prior
Board approval, may sign contracts or Agreements, or their
subsequent amendments or additions.
h. For the City. The City Council approves agreements,contracts,or
their amendments and additions, for which the City Manager or
Mayor may sign.
22. Notices. All notices, requests and demands to be made or given to the
parties hereto shall be in writing and shall be delivered in reasonable time to
the addresses listed below. Such notices,requests and demands,if sent by
I (Revised Agreement/YMCA-March 2014J+me204-1-) 16
mail,shall be deemed delivered three(3)days after deposit in the mail,or if
delivered by hand or courier,at the time delivered.
If to City: With Copy to:
City Manager Legal Department
P.O.Box 100 P.O.Box 100
104 N.Riverside Drive 104 N.Riverside Drive
Edgewater,Florida 32132-0100 Edgewater,Florida 32132-0100
If to YMCA: With Copy to:
Teresa Rogers,President/CEO Greg Snel}John Meneough
Volusia Flagler Family YMCA Snell L galVolusia Flagler {Formatted:_Indent:Left: 0.5",Hanging: 3^
YMCA Volunteer Officer
761 E.International Speedway Blvd. 160 E. Granada Blvd.731 F.,.
International Speedway Blvd.
DeLand,FL 32724 Ormond
Beach. K. 32I Deland.FL 3272876
a. The YMCA shall provide to the City the name, address and
telephone number of the individual(s) with daily operational and
supervisory responsibilities of the Facility.
23. Rights of Owner. Notwithstanding anything contained in this Agreement
to the contrary,nothing contained herein is intended to restrict,or shall have
the effect of impairing any and all rights possessed by the City as owner of
the Facility(including,without limitation,the right of entry into and access
to said structures); provided, however, that the City shall not, when
exercising its rights as owner, interfere with, obstruct or otherwise prevent
the YMCA from exercising its duties as manager of the Facility in
accordance with the terms and conditions of this Agreement.
I (Revised Agreement/YMCA-March 2014dene2411) 17
IN WITNESS THEREOF, the YMCA and the CITY OF EDGEWATER, have
executed this Agreement on the day of ,29442014.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By:
Bonnie Wenzel Michael I.Thomas
City Clerk Mayor
Dated:
WITNESSES: YMCA:
Teresa Rogers,CEO
Dated:
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater,Florida. Approved as to form Edgewater at a meeting held on this 3rd day
and legality by: of March,2014 under Agenda Item No.
Aaron R. Wolfe,Esquire
City Attorney
Doran, Sims, Wolfe & Kundid
I (Revised Agreement/YMCA-March 2014June2t 1) 18
11
Orat14 rxk \ 4 Al
FirstSouthiwestig,
BOND DEBT SERVICE BREAKDOWN
City of Edgewater,Florida
Capital Improvement Revenue Note,Series 2014
BB&T 2.41%
Preliminary/Subject to Change
Period Fire Engine
Ending YMCA Project Project Vac Con Truck Utility Website Total
03/01/2015 45,509.06 48,343.18 36,793.14 11,454.72 142,100.10
03/01/2016 45,748.30 49,543.60 37,181.80 12,265.40 144,739.10
03/01/2017 45,856.60 49,579.60 37,458.80 12,024.40 144,919.40
03/01/2018 45,940.80 49,591.50 37,711.70 11,783.40 145,027.40
03/01/2019 45,000.90 49,579.30 36,940.50 11,542.40 143,063.10
03/01/2020 45,061.00 49,543.00 37,169.30 11,301.40 143,074.70
03/01/2021 45,097.00 49,482.60 37,374.00 12,060.40 144,014.00
03/01/2022 45,108.90 49,398.10 37,554.60 11,795.30 143,856.90
03/01/2023 45,096.70 49,289.50 36,711.10 11,530.20 142,627.50
03/01/2024 45,060.40 49,156.80 36,867.60 11,265.10 142,349.90
453,479.66 493,507.18 371,762.54 117,022.72 1,435,772.10
Feb 6,2014 3:37 pm Prepared by FirstSouthwest(aam) (Finance 7.008 Edgewater,FL:2014) Page 5
IOe
AGENDA REQUEST
Date: February 7, 2014
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS March 3. 2014
ITEM DESCRIPTION: Monson & Riverview Drive Stormwater Improvement Design by
Quentin L. Hampton Associates,Inc. in the amount of$40,900.
BACKGROUND: Quentin L. Hampton Associates, Inc. updated the City's Stormwater Master
Plan and identified within the Capital Improvement Plan a project on Monson and Riverview
Drives to reduce flooding and increase stormwater quality discharge. Currently, stormwater
flows easterly from these roads directly to the Indian River Lagoon. The proposed project would
incorporate exfiltration trenches, swales and a baffle box to treat runoff and alleviate minor
flooding issues. A 33% matching grant from the St. Johns River Water Management District is
being pursued to provide part of the funding for the construction. Quentin L. Hampton
Associates, Inc. has provided a proposal in the amount of$40,900 to provide surveying, design,
grant application assistance and other engineering services for this project. This project is
identified in the current year's budget.
STAFF RECOMMENDATION: Approval to allow Quentin L. Hampton Associates, Inc. to
perform the design work as outlined in the proposal in the amount of$40,900.
ACTION REQUESTED: A motion to approve the purchase order for Quentin L.
Hampton Associates, Inc. to perform the design work as outlined in their proposal in the
amount of$40,900.
FINANCIAL IMPACT: (Finance Director) $40,900 (449-5555-580.63-10)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO XX
for
Jo rMcKinney, Finance Director
Respectfully submitted, Concurrence:
Brenda L. Dewees Robin L. Matusick
Director of Environmental Services Paralegal
Trace, . Barlow
Cit anager
BRAD T.BLAIS,P.E. Quentin L. Hampton Associates, Inc. TELEPHONE:(386)761.6810
DAVID A.KING,P.E. FAX:(386)761-3977
ANDREW M.GIANNINI,P.E. Consulting Engineers EMAIL:qlha@qlha.com
KEVIN A.LEE,P.E. P.O.DRAWER 290247
PORT ORANGE,FLORIDA 32129.0247
January 27, 2014
REVISED
Brenda Dewees
City of Edgewater
P.O. Box 100
Edgewater,FL 32032
RE: CITY OF EDGEWATER
MONSON AND RIVERVIEW DRIVES STORMWATER IMPROVEMENTS
Dear Brenda,
Per your request, we are providing you this Scope of Services and Fee Proposal for the
design and permitting phases of this project. The scope of work includes the work we
believe is necessary based on our discussions with you and your staff and our
understanding of the project. QLH is familiar with the project which was included in the
recent stormwater masterplan update by QLH.
The project involves the construction of stormwater treatment including exfiltration
trenched,a baffle box and swales to treat runoff to the Indian River from Monson Drive and
Riverview Drive.The City desires to construct sidewalks also.
Please contact our office if you have any questions.
Sincerely,
QUENTIN L. HAMPTON ASSOCIATES,INC.
David A. King,P.E. Andrew M.Giannini,P.E.
Vice President Project Engineer
DAK/AMG:ah
Enclosure
cc: QLH file array
EW104 Proposal revised Jan 27 2014 ah
SCOPE OF SERVICES AND FEE PROPOSAL
MONSON AND RIVERVIEW DRIVES STORMWATER IMPROVEMENTS
CITY OF EDGEWATER
REVISED
January 27,2014
General - This Scope of Services and Fee Proposal is in conformance with the Continuing
Services Agreement between the City of Edgewater (CITY) and Quentin L. Hampton
Associates,Inc. (QLH).
Basis of Design - The basis of design is shown on the attached Figure IRL-09 from the
recent stormwater master plan update. As shown in the figure exfiltration trenches are
proposed to treat the runoff from the streets and homes, then convey to a baffle box and
shallow swale for additional treatment before discharge to the Indian River.
Scope of Work - QLH will perform the following work activities and will provide the
respective deliverables:
Survey- QLH will to provide a project specific route survey. QLH will solicit existing utility
information from the various utility companies via "desktop" or "level 1" mark-ups. QLH
will provide additional field reconnaissance to collect other information required for the
design.
Design - QLH will prepare complete design documents including construction plans and
technical specifications. Submittals will be made to the City at the 60%, 90% and Final
design phases for review/comment by the City. Construction cost estimates will also be
provided at these phases. The design shall comply with City and SJRWMD regulations.
An allowance for a biological consultant is included for the possibilities of St. Johns
requiring such task.
Permitting-QLH will make application to the following agencies for the listed permits:
• SJRWMD- Environmental Resource Permit
QLH will assemble the permit application package and submit such to SJRWMD. City is
responsible for any/all permit application fees. QLH will respond to all reasonable
Requests for Additional Information (RAIs) from SJRWMD. If additional permits are
required, QLH reserves the right to adjust this scope of services and fee proposal.
Grant Application Assistance - QLH will assist the City in applying for grant funding
assistance. These efforts include preparing the grant application with all required
EW104 Proposal revised Jan 27 2014 ah
documentation for the City to submit. QLH will utilize master plan document to provide
much of the information needed.
Exclusions-The following work activities are not included in this scope of work:
• Bidding Assistance
• Construction Phase Service
• Easement Acquisition
Proposed Fees - QLH will complete the work for a fee of$40,900 based on the following
breakdown:
Survey and Field Reconnaissance Allowance $ 8,600
Design Lump Sum $ 18,500
Permitting Lump Sum $ 3,500
Grant Application Assistance Lump Sum $ 4,300
Printing Allowance Allowance $ 1,000
Biological Consultant Allowance $ 3,000
Geotechnical Engineering Allowance $ 2.000
TOTAL $40,900
(Allowances to be billed at actual cost)
PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL
EMPLOYEE OR AGENT OF QUENTIN L. HAMPTON ASSOCIATES INC. MAY NOT
BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
Prepared By:
QUENTIN L. HAMPTON ASSOCIATES, INC.
-Consulting Engineers-
January 27, 2014
EW104 Proposal revised Jan 27 2014 ah
DANIEL W. CORY SURVEYOR, LLC _
Professional Surveyors & Mappers Telephone: 386/427-9575
FAX: 366/427.1783
300 Canal Street
New Smyrna Beach, Florida 32168
December 23, 2013
John Mischle, Production Manager
Quentin L. Hampton Associates, Inc.
P.O. Drawer 290247
Port Orange, FL 32129-0247
Re: Monson &Riverview Drives Storm water Improvements
Dear John,
In accordance with your request and subsequent discussions, this proposal for professional
surveying services is submitted for your consideration and approval.
Scope of services:
Prepare a Topographic Survey of Monson Drive, Riverview Drive & a portion of N. Riverside
Drive and land easterly of N. Riverside Drive. The linear footage of the project is
approximately 2300 feet. Limits and scope of Topographic Survey defined in letter (via e-
mail) dated December 17, 2013. Observable, above-ground evidence of utilities will be
located along with underground utilities marked in response to"Call Sunshine" request. Any
information from As-Built drawings obtained from utility providers will be shown on the survey.
Elevations will be measured at 50-foot cross sections.
Schedule: Approximately 3 weeks from notice to proceed, weather permitting.
Deliverables: Signed and sealed survey drawings and associated cad file in QLHA cad
standards.
Fee: This scope of services can be completed for a lump sum cost of$8600.
After the initial survey is delivered, up to (5) soft-dig excavations can be located at an
additional cost of$250.
The surveying and mapping services rendered will meet the Minimum Technical Standards
for Florida Surveyors and Mappers per Chapter 5J-17, Florida Administrative Code, pursuant
to Chapter 472.027, Florida Statues. Elevations will be based on the North American Vertical
Datum of 1988(NAVD 88), unless requested otherwise.
We appreciate the opportunity to submit this proposal, and if this is acceptable, please
indicate by signing below. If you have any questions or require additional information, contact
me at 386-427-9575 or jeff @corysurveyor.com.
As to CONSULTANT As to CLIENT
Daniel W. Cory Surveyor, LLC Quentin L. Hampton Associates,Inc.
*f)I ��� ( ,�,�_.. Signature:
Jeffrey W. Cory
Professional Surveyor& Mapper#4139 Name: