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06-02-2014 Voting Order Councilwoman Power Councilwoman Bennington Councilman Ignasiak Councilman Emter Mayor Thomas AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 2, 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—NONE AT THIS TIME 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. The Edgewater Expo, Inc. Board of Directors to present a $500 grant to Trey Harshaw& Associates. 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. Renewal of the Agreement with O'Brien's Response Management, LLC to provide Emergency Debris Monitoring Services. b. Approval of Addendum No. 1 to the Agreement with Bamaco Disaster Recovery Inc., to provide Emergency Debris Hauling Services. c. Approval of Addendum No. 1 to the Agreement with Crowder Gulf Joint Venture, Inc., to provide Emergency Debris Hauling Services. d. Approval of Addendum No. 1 to the Agreement with Byrd Brothers Emergency services, LLC to provide Emergency Debris Hauling Services. e. Authorization to remove the fixed assets from the property records in the Finance Department. f. Authorization to enter into an Interlocal Agreement with the City of New Smyrna Beach for Accounting Technician Services to specifically handle the procurement process. g. Approval of the Traffic Signal Maintenance and compensation Agreement with the Florida Department of Transportation. City Council Agenda June 2,2014 Page-2- h. Authorization for the Mayor to execute the Event License Agreements to utilize vacant property located at the corner of Lamont and North Ridgewood Avenue and property located at the Edgewater-New Smyrna Cemetery for parking during the July fireworks on July 4, 2014. i. Approval of Addendum No.4 to the Agreement with Environmental Services, Inc., Zev Cohen & Associates, Inc. and Biological Consulting Services, Inc. for Environmental Consulting Services. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2°d Reading — Ordinance No. 2014-0-10: Amending Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement)of the Code of Ordinances. b. Resolution No. 2014-R-13: Approving the Mid-Year Amended Budget for Fiscal Year 2013-2014. 9. BOARD APPOINTMENTS None at this time 10. OTHER BUSINESS a. Authorization for the Mayor to execute the renewal of the Volusia County Cooperation Agreement for Federal FY 2015, FY 2016 and FY 2017 CDGB and HOME Investment Partnership Program. b. Authorization for the City Manager to issue a Purchase Order to Steelmaster Industries, Inc., for the Design Build Covered Storage Area at the Wastewater Treatment Plan and authorization for the necessary budget amendment. c. Authorization for the City Manager to enter into an agreement with Lynch Oil Company, Inc., for the Tank Wagon Fuel Services per the terms and conditions of Osceola County Bid AR-12-2326-DW dated January 9,2012. d. Approval of the final Change Order No. 3 for the Wastewater Treatment Plant Renewal and Replacement Project with Brandes Design-Build, Inc. 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. `Ja AGENDA REQUEST Date: May 20, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT June 2, 2014 BUSINESS ITEM DESCRIPTION: Renewal of the Agreement with O'Brien's Response Management, LLC to provide Emergency Debris Monitoring Services. BACKGROUND: An agreement to provide Emergency Debris Monitoring Services was entered into on April 2, 2012, with O'Briens Response Management, Inc. This agreement was renewed at the June 3, 2013, City Council meeting. This addendum number two will extend the agreement through July 1, 2015. The company merged with another company and changed the name to O'Brien's Response Management, LLC. These services will only be provided in the event of a debris generating event where City forces cannot manage the task. STAFF RECOMMENDATION: Approval of Addendum #2 to renew the Agreement with O'Brien's Response Management from July 1, 2014, through July 1, 2015, providing Emergency Debris Monitoring Services. ACTION REQUESTED: A motion to approve Addendum #2 to renew the Agreement with O'Brien's Response Management, LLC and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director)N/A at this time. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO XX Josh' cKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: / CGiCe1 Brenda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal Trac- T. Barlow Ci Manager ADDENDUM#2 TO THE EMERGENCY DEBRIS MONITORING SERVICES AGREEMENT WITH O'BRIEN'S RESPONSE MANAGEMENT,L.L.0 By Agreement made and entered into this 2nd day of June, 2014, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY") and O'BRIEN'S RESPONSE MANAGEMENT,L.L.C,(hereinafter referred to as "Contractor"). WITNESSETH The CITY and CONTRACTOR mutually agree to amend that certain Agreement between the CITY and CONTRACTOR made and entered into on July 1, 2012 and Addendum #1 on June 2,2013, as follows: 1) Both parties wish to utilize the option contained in paragraph VII. TERM OF THE AGREEMENT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from July 1, 2014 through and until July 1, 2015. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER,FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: O'BRIEN'S RESPONSE MANAGEMENT, L.L.C. j2-27 e- ?- .16.d3t k ,04,1t) Keith R.Forster,CFO (yet 1, Dated: i;lay .90, />' (A gee rnent\ErnergencyDebris-OBriens-Addendum#2-2014) !b AGENDA REQUEST Date: May 21, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT June 2, 2014 BUSINESS - ITEM DESCRIPTION: Approval of Addendum #1 to the Agreement with Bamaco Disaster Recovery Inc. to provide Emergency Debris Hauling Services. BACKGROUND: An agreement to provide Emergency Debris Hauling Services was entered into on August 15, 2011, with Bamaco Disaster Recovery Inc. This agreement will expire on August 15, 2014, unless Addendum#1 is approved by City Council. The terms of the agreement allow for two additional terms of one year each. This addendum will extend the agreement through August 15, 2015. These services will only be provided in the event of a debris generating event where City forces cannot manage the task. STAFF RECOMMENDATION: Approval of Addendum #1 to the Agreement with Bamaco Disaster Recovery Inc. from August 16, 2014, through August 15, 2015, providing Emergency Debris Hauling Services. ACTION REQUESTED: A motion to approve Addendum #1 to the Agreement with Bamaco Disaster Recovery Inc. and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director)N/A at this time. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO XX c/ Jo cKinney, Finance Dire for PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: renda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal Tracey . :arlow City anager ADDENDUM#1 TO THE AGREEMENT FOR EMERGENCY DEBRIS HAULING& DISPOSAL WITH BAMACO DISASTER RECOVERY,INC. By Agreement made and entered into this day of , 2014, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY"), whose mailing address is PO Box 100, Edgewater, FL 32132 and BAMACO DISASTER RECOVERY, INC., (hereinafter referred to as "Contractor"), whose mailing address is 6869 West Highway 100, Bunnell, Florida 32110. WITNESSETH The CITY and CONTRACTOR mutually agree to amend that certain Agreement between the CITY and CONTRACTOR made and entered into on August 15, 2011, as follows: 1) Both parties wish to utilize the option contained in paragraph 9. TERM OF THE AGREEMENT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 16, 2014 through and until August 15, 2015. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished,ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER,FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: BAMACO DISASTER RECOVERY,INC. Robert M.Mitchell President Dated: (Agreement\EmergencyDebrisHauling-Bamaco-Addendum#1-2014) r7c AGENDA REQUEST Date: May 21, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT June 2, 2014 BUSINESS ITEM DESCRIPTION: Approval of Addendum #1 to the Agreement with Crowder Gulf Joint Venture, Inc. to provide Emergency Debris Hauling Services. BACKGROUND: An agreement to provide Emergency Debris Hauling Services was entered into on August 15, 2011, with Crowder Gulf Joint Venture, Inc. This agreement will expire on August 15, 2014, unless Addendum #1 is approved by City Council. The terms of the agreement allow for two additional terms of one year each. This addendum will extend the agreement through August 15, 2015. These services will only be provided in the event of a debris generating event where City forces cannot manage the task. STAFF RECOMMENDATION: Approval of Addendum #1 to the Agreement with Crowder Gulf Joint Venture, Inc. from August 16, 2014, through August 15, 2015, providing Emergency Debris Hauling Services. ACTION REQUESTED: A motion to approve Addendum #1 to the Agreement with Crowder Gulf Joint Venture, Inc. and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director)N/A at this time. (SPECIFY IF B DGET AMENDMENT IS REQUIRED) YES NO XX c John inney, Finance Direct r PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: Brenda L. Dewees Robin L. atusick Director of Environmental Services Paralegal racey ,. Barlow City anager ADDENDUM#1 TO THE AGREEMENT FOR EMERGENCY DEBRIS HAULING & DISPOSAL WITH CROWDERGULF JOINT VENTURE,INC. By Agreement made and entered into this day of , 2014, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY"), whose mailing address is PO Box 100,Edgewater, FL 32132 and CROWDERGULF JOINT VENTURE, INC., (hereinafter referred to as "Contractor"), whose mailing address is 5435 Business Parkway, Theodore,AL 36582. WITNESSETH The CITY and CONTRACTOR mutually agree to amend that certain Agreement between the CITY and CONTRACTOR made and entered into on August 15, 2011, as follows: 1) Both parties wish to utilize the option contained in paragraph 9. TERM OF THE AGREEMENT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 16, 2014 through and until August 15, 2015. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished,ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER,FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: CROWDERGULF JOINT VENTURE, INC. c.:i a t,4-G«- n ' :msay President /1 %I ' ' 7 Dated: M c• 1`1 2 < `-t (Agreementl EmergencyDebrisHauling-CrowderGulf-Addendum#1-2014) 7d AGENDA REQUEST Date: May 21, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT June 2, 2014 BUSINESS ITEM DESCRIPTION: Approval of Addendum #1 to the Agreement with Byrd Brothers Emergency Services, LLC to provide Emergency Debris Hauling Services. BACKGROUND: An agreement to provide Emergency Debris Hauling Services was entered into on August 15, 2011, with Byrd Brothers Emergency Services, LLC. This agreement will expire on August 15, 2014, unless Addendum #1 is approved by City Council. The terms of the agreement allow for two additional terms of one year each. This addendum will extend the agreement through August 15, 2015. These services will only be provided in the event of a debris generating event where City forces cannot manage the task. STAFF RECOMMENDATION: Approval of Addendum #1 to the Agreement with Byrd Brothers Emergency Services, LLC from August 16, 2014, through August 15, 2015, providing Emergency Debris Hauling Services. ACTION REQUESTED: A motion to approve Addendum #1 to the Agreement with Byrd Brothers Emergency Services, LLC and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director)N/A at this time. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO XX t -I J•r, McKinney, Finance Dire tor PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: z_Brenda L.L. Dewees Robin L. Matusick Director of Environmental Services Paralegal 40" Tracey tar ow City anager ADDENDUM#1 TO THE AGREEMENT FOR EMERGENCY DEBRIS HAULING& DISPOSAL WITH BYRD BROTHERS EMERGENCY SERVICES,LLC By Agreement made and entered into this day of , 2014, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY"), whose mailing address is PO Box 100, Edgewater, FL 32132 and BYRD BROTHERS EMERGENCY SERVICES, LLC, (hereinafter referred to as "Contractor"), whose mailing address is 5164 Lamm Road, Wilson,NC 27893. WITNESSETH The CITY and CONTRACTOR mutually agree to amend that certain Agreement between the CITY and CONTRACTOR made and entered into on August 15, 2011, as follows: 1) Both parties wish to utilize the option contained in paragraph 9. TERM OF THE AGREEMENT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 16, 2014 through and until August 15, 2015. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER,FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: BYRD BROTHERS EMERGENCY SERVICES,LLC James K.Byrd Managing Member& CEO Dated: (Agreement\EmergencyDebrisHauling-ByrdBrothers-Addendum#1-2014) 7e AGENDA REQUEST C.A. #2014-01 Asset Transfer/Disposal Date: May 21, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT June 2, 2014 BUSINESS ITEM DESCRIPTION: Request to approve Disposal of Fixed Assets. BACKGROUND: The City has fixed assets that will be auctioned or otherwise disposed of and need to be removed from the property records in the Finance Department. STAFF RECOMMENDATION: Approve the removal of the fixed assets that will be disposed. ACTION REQUESTED: Motion to approve the removal of the fixed assets from the property records in the Finance Department. FINANCIAL IMPACT: There is no financial impact. (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Respectf,y submitted, Concurrence: athan C. McKinney Robin L. Matusick nance Director Parry/aallal ( '7 / I. racey T =arlow City M_ ager m a) rn a) a) 0) a) rn a) a) a) a) a) a) .C1 N. N. 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Date: May 21, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT June 2,2014 BUSINESS ITEM DESCRIPTION: Interlocal Agreement for Accounting Technician Services between City of Edgewater and City of New Smyrna Beach. BACKGROUND: Approval is requested to execute an Interlocal Agreement between the City of Edgewater and the City of New Smyrna Beach for Accounting Technician Services, as authorized by Chapter 166 of the Florida Statutes. Currently the Cities of Deland & Orange City have a similar procurement agent arrangement.New Smyrna Beach and Edgewater had a similar agreement for Fire Marshall services for two years,before development activity increased the shared workload. Based upon an increase for procurement,formal bidding,related purchasing functions,and the goal for establishing a more centralized direction for the City of New Smyrna Beach's procurement system, the City needs an additional Accounting Technician to perform these job functions. City staff has determined it is beneficial and most cost-effective for the City to share these services through an Interlocal Agreement with the City of Edgewater. The Cities, upon execution of this agreement, will share the cost, fifty-percent(50%) for a current Accounting Technician, employed by the City of Edgewater. The total salary costs including benefits and other support items are estimated at $56,032. The City of Edgewater will invoice the City of New Smyrna Beach on a monthly basis. The Accounting Technician will provide services to the City of New Smyrna,two and a half(2.5)days a week starting on June 16,2014,under the supervision of the Finance Director. STAFF RECOMMENDATION: Staff recommends approval to enter into an Interlocal Agreement with the City of New Smyrna Beach for Accounting Technician Services to specifically handle the procurement process. ACTION REQUESTED: Motion to approve the Interlocal Agreement with the City of New Smyrna Beach for Accounting Technician Services to specifically handle the procurement process. FINANCIAL IMPACT: (Finance Director) Line Item: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so,DATE: AGENDA ITEM# Respectfully submitted, Concurrence: l Jo an C.McKinney Robin L.Matusick Fi•.nce Director Paral-gal Trace .Barlow City anager INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING ACCOUNTING TECHNICIAN SERVICES THIS AGREEMENT, is entered into by and between the City of EDGEWATER, a municipal corporation duly incorporated pursuant to the laws of the State of Florida, with its principal place of business located at 104 N. Riverside Drive, EDGEWATER, Florida 32132 (hereinafter"EDGEWATER"), and the City of New Smyrna Beach, a municipal corporation duly incorporated pursuant to the laws of the State of Florida, with its principal place of business located at 210 Sams Avenue, NEW SMYRNA BEACH, Florida 32168 (hereinafter "NEW SMYRNA BEACH"). WHEREAS, EDGEWATER and NEW SMYRNA BEACH are authorized by Chapter 166, Florida Statutes, to enter into agreements to conduct municipal government, perform municipal functions, and render municipal services; WHEREAS, the position of Accounting Technician for NEW SMYRNA BEACH will be created upon approval of this agreement. The Accounting Technician is charged with conducting purchasing duties, as mutually agreed to by the EDGEWATER and NEW SMYRNA BEACH Finance Directors; WHEREAS, EDGEWATER desires to assist NEW SMYRNA BEACH by loaning its Accounting Technician for the purpose of conducting purchasing duties within NEW SMYRNA BEACH; WHEREAS, it is in the best interests of EDGEWATER and NEW SMYRNA BEACH to share a full time Accounting Technician; INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING ACCOUNTING TECHNICIAN SERVICES PAGE 1 OF 6 NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Recitals Adopted. The foregoing Recitals, provisions and representations are true and correct and are incorporated herein by reference. 2. Agreement. The EDGEWATER Accounting Technician will be made available to NEW SMYRNA BEACH on a fifty-percent (50%) basis. The current total burden for this position is $56,031.73. The total burden is subject to change annually based on merit, cola or fringe benefit increases. When performing work on behalf of NEW SMYRNA BEACH, said Accounting Technician will be representing the NEW SMYRNA BEACH Accounting Technician position. 3. Employment. The Accounting Technician shall be an employee of EDGEWATER, with all benefits enjoyed by EDGEWATER employees. The Accounting Technicians' employment will be subject to all rules and regulations to which all other EDGEWATER employees are subject. In the event that any disciplinary or other proceedings need to be undertaken regarding the Accounting Technician, such proceedings will be conducted by EDGEWATER pursuant to EDGEWATER's applicable regulations, regardless of whether the actions necessitating such proceedings took place in EDGEWATER or NEW SMYRNA BEACH. 4. Fee for Service. 4.1 NEW SMYRNA BEACH shall reimburse EDGEWATER for fifty percent (50%) of all costs incurred by EDGEWATER for compensation of the Accounting Technician. For purposes of this Agreement, "compensation" shall mean the Accounting Technician's salary and all related benefits provided by EDGEWATER, including but not limited to, employer's match of INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING ACCOUNTING TECHNICIAN SERVICES PAGE 2 OF 6 the Accounting Technician's wages, social security payments, FICA, Medicare, health insurance, disability insurance, associated leave time (sick, vacation and personal time), and retirement account contributions. 4.2 NEW SMYRNA BEACH shall reimburse EDGEWATER for fifty percent (50 %) of all costs incurred by EDGEWATER for equipment expenses of the Accounting Technician. For purposes of this Agreement, "equipment" shall mean cellular telephones, laptops, and any other equipment provided by EDGEWATER to the Accounting Technician which is used by the Accounting Technician in the provision of services to both NEW SMYRNA BEACH and EDGEWATER. 4.3 NEW SMYRNA BEACH shall reimburse EDGEWATER for fifty percent(50%) of all travel costs and other expenses properly paid or reimbursed to the Accounting Technician including such items as attendance at conferences and training related to the services of the Accounting Technician. 4.4 In the event that the Accounting Technician makes a workers' compensation claim, regardless of whether the Accounting Technician was providing services to NEW SMYRNA BEACH or EDGEWATER at the time of the incident giving rise thereto, the claim shall be processed and paid by EDGEWATER. NEW SMYRNA BEACH will reimburse EDGEWATER for fifty percent (50%) of the entire amount paid by EDGEWATER for such claim, regardless of whether the Accounting Technician was working providing services to NEW SMYRNA BEACH or EDGEWATER at the time of the incident giving rise thereto. 4. 5 NEW SMYRNA BEACH shall reimburse EDGEWATER for the expenses of the Accounting Technician listed in this section on a monthly basis. EDGEWATER shall provide INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING ACCOUNTING TECHNICIAN SERVICES PAGE 3 OF 6 NEW SMYRNA BEACH with a monthly invoice. Payment by NEW SMYRNA BEACH to EDGEWATER shall be under the provisions of the Florida Prompt Payment Act. 4. 6 In the event that NEW SMYRNA BEACH incurs any expenses which are for the benefit of both NEW SMYRNA BEACH and EDGEWATER, EDGEWATER shall reimburse NEW SMYRNA BEACH for fifty percent (50%) of any such expenses incurred by NEW SMYRNA BEACH which are actually for the benefit of both NEW SMYRNA BEACH and EDGEWATER in connection with the services covered hereunder, including travel costs and transportation expenses. EDGEWATER shall reimburse NEW SMYRNA BEACH on a monthly basis, after receipt of an invoice from NEW SMYRNA BEACH. Payment by EDGEWATER to NEW SMYRNA BEACH shall be under the provisions of the Florida Prompt Payment Act. 4. 7 In connection with the reimbursements set forth in this section, prior approval of the NEW SMYRNA BEACH Director or the EDGEWATER Director, as the case may be, will be required for any cost or expenditure that is in excess of$2,500.00. 5. Scheduling/Supervision. 5. 1 The NEW SMYRNA BEACH Director and EDGEWATER Director shall agree upon a mutually acceptable schedule for the Accounting Technician, but in any event the Accounting Technician will work two and 1/2 (2.5) days per week for NEW SMYRNA BEACH and two and 1/2 days per week for EDGEWATER. 5. 2 While performing services for EDGEWATER,the Accounting Technician shall be supervised by the EDGEWATER Finance Director. While performing services for NEW SMYRNA BEACH, the Accounting Technician shall be supervised by the NEW SMYRNA BEACH Finance Director. INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING ACCOUNTING TECHNICIAN SERVICES PAGE 4 OF 6 6. Meetings/Leave. 6. 1 The NEW SMYRNA BEACH Director and EDGEWATER Director shall coordinate the dates of all meetings, training, workshops, conferences or other work related activities which are not directly related to one city or the other so that Accounting Technician may attend all such meetings as deemed appropriate by both the NEW SMYRNA BEACH and EDGEWATER Directors. In coordinating the Accounting Technician's attendance at any of the foregoing, the NEW SMYRNA BEACH Director and EDGEWATER Director will attempt to allocate the time spent on such attendance at fifty percent (50%)to NEW SMYRNA BEACH and fifty percent (50%) to EDGEWATER. 6. 2 The NEW SMYRNA BEACH Director and EDGEWATER Director shall coordinate scheduled leave for the Accounting Technician so as to ensure that both parties' needs are met. 7. Sovereign Immunity. The parties agree this Agreement shall not waive the sovereign immunity they presently enjoy under the Constitution and statutes of the State of Florida, particularly with respect to Chapter 768, Florida Statutes. In the event it becomes necessary to institute legal action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover all out of pocket expenses and reasonable attorney's fees related to such action. 8. Term. The instant Agreement shall be in effect unless terminated by either party with thirty (30) days written notice to the City Manager of the non-terminating party at the following addresses: INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING ACCOUNTING TECHNICIAN SERVICES PAGE 5 OF 6 City of EDGEWATER City of NEW SMYRNA BEACH Office of the City Manager Office of the City Manager 104 N. Riverside Drive 210 Sams Avenue EDGEWATER, FL 32132 NEW SMYRNA BEACH, FL 32168 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through their duly authorized representatives on the respective dates set forth below. CITY OF NEW SMYNRA BEACH CITY OF EDGEWATER By: By: Date: Date: ATTEST: ATTEST: APPROVED AS TO FORM AND APPROVED AS TO FORM AND CORRECTNESS BY CORRECTNESS BY Frank B. Gummey, City Attorney Aaron R. Wolfe, City Attorney INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH CONCERNING ACCOUNTING TECHNICIAN SERVICES PAGE 6 OF 6 73 AGENDA REQUEST Date: May 20, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT June 2, 2014 BUSINESS ITEM DESCRIPTION: Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation. BACKGROUND: The City of Edgewater has maintenance responsibilities for traffic signals on state highways that have a city road connection. Volusia County performs this work for the City for the traffic signals at Park Avenue and U.S. #1 and at Falcon Road and U.S. #1. The Florida Department of Transportation (FDOT) will reimburse a portion of the costs associated with the maintenance activities. This agreement revises the language to include compensation for the new traffic signals and additional warning beacons, clarifies maintenance responsibilities for mast arms, adds a requirement for an annual report with performance measures and each traffic signal shall receive at least one minor preventative maintenance inspection per year. STAFF RECOMMENDATION: Approval of the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation. ACTION REQUESTED: A motion to approve the traffic signal maintenance and compensation agreement with the Florida Department of Transportation and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO XX ►‘ Jo/ cKinney, Finance Dir ctor PRE VIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: (/)(e ,/x&eze:‘, 7 Brenda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal racey . Barlow City ■ anager FD07"F Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTH PRASAD.P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY April 25,2014 To: Traffic Signal Maintaining Agencies Re: Traffic Signal Maintenance and Compensation Agreement Dear Colleagues: At the outset,I want to thank the Maintaining Agencies,FACERS and Department staff for the valuable input and feedback in finalizing the revised Traffic Signal Maintenance and Compensation Agreement. The intent is that this Agreement will be used for the period July 1, 2014 through June 30, 2015 and we will begin negotiations for an Agreement that will be used in future years. The revisions in this Agreement include compensation for new traffic signals and additional warning beacons and other devices; clarifying language on the responsibilities for maintenance of mast arms;a requirement of an annual report with performance measures to include detection device malfunction repairs or restoration within sixty days; and each traffic signal shall receive at least one minor preventative maintenance inspection per year. The Department is requesting that this new Agreement be signed by all Maintaining Agencies and returned to the Department by June 15,2014 so that the Agreement can be executed effective July 1, 2014. If your Agency is unable to meet the June 15, 2014 deadline,please contact your local District Traffic Operations Engineer and let them know of the anticipated date by when the Agreement will be signed. The Department intends to begin negotiations for developing a new Agreement for future years, which will include additional performance measures,and a review of the overall compensation structure and all contract language. The Department is committed to discussing compensation,performance measures or other aspects of the Agreement during negotiations. In preparing for these negotiations,we will be requesting the Maintaining Agencies to provide information on the costs for operating and maintaining traffic signals and other devices on the state highway system. This information was very helpful during the initial discussions for developing the compensation amounts that are currently used. Once again, thank you for your assistance,and we look forward to our continued partnership in providing traffic signal services on the state highway system. The Department looks forward to working with all parties on developing the future Agreement. If any Maintaining Agency has any questions concerning the Agreement, they should contact their local District Traffic Operations Office. Sincerely, Mark C. Wilson,P.E. State Traffic Operations Engineer cc: Ananth Prasad, P.E., Secretary District Secretaries District Traffic Operations Engineers www.dot.state.fl..us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC S OPERATION ana Page 1 of 6 CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. THIS AGREEMENT, made and entered into this day of , by and between the Florida Department of Transportation,an agency of the State of Florida,herein called the"Department", and City: of Edgewater Florida,herein called the"Maintaining Agency". WITNESSED: WHEREAS,the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and operation of traffic signals or signal systems on the State Highway System,and the Department is authorized under Sections 334.044 and 335.055, Florida Statutes,to enter into this Agreement,and; WHEREAS,the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement; NOW,THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto,and for other good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals,traffic signal structures(including signal mast arm structure or strain pole),traffic signal systems(central computer,cameras,message signs, communications devices,interconnect/network,vehide,bicycle&pedestrian detection devices,traffic signal hardware and software), and control devices(intersection control beacons,traffic warning beacons,illuminated street name signs,pedestrian flashing beacons (school zone flashing beacons,pedestrian crossing beacons,Rectangular Rapid Flashing Beacons),emergency/fire department signals and speed activated warning displays). The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of their installation.All traffic signals and control devices mentioned in this paragraph shall hereafter be referred to'Traffic Signals and Devices'. 2. The Department agrees to pay to the Maintaining Agency,an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A.Payments will be made in accordance with Exhibit B.Should the Maintaining Agency withdraw from the compensation portion of this Agreement,the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of construction contracts,the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices,and shall undertake the maintenance and continuous operation of said Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any acceptance by the Department, the Maintaining Agency shall have the opportunity to inspect and request modifications/corrections to the installation(s)and Department agrees to undertake those prior to acceptance so long as the modifications/corrections comply with the contract and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department,during construction,are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association(IMSA)and operational requirements of the Manual on Uniform Traffic Control Devices(MUTCD),as amended. 4. The Maintaining Agency's maintenance responsibilities shall include,but not be limited to,preventive maintenance(periodic inspection,service and routine repairs)and emergency maintenance(trouble shooting in the event of equipment malfunction,failure,or damage).Restoration of services may include temporary poles,stop signs or other methods to maintain traffic.The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 5. The Department intends to conduct an inspection of the mast arm structures and strain poles every 60 months.The inspection report will document deficiencies that necessitate preventative maintenance and periodic maintenance. Preventative maintenance includes but is not limited to:spot painting or repainting;tightening of nuts and replacing missing or deficient bolts(not including anchor bolts);replacing missing cap covers or equivalent;leaning;replacement of missing or deficient access hole cover plates;all wiring issues,including improper grounding;graffiti removal;all signal related issues(lighting,signs and connections);and response to traffic impact including repair and replacement of all components damaged by the traffic impact.Damaged mast arm replacement shall be repaired or replaced by the Maintaining Agency and the Maintaining Agency is authorized to seek reimbursement from the responsible r party. If the Maintaining Agency is unable to recover the costs from a 3ru party,then the Department intends to reimburse the Maintaining Agency for repair or replacement of the mast arm.The Maintaining Agency shall be responsible for preventative maintenance of the mast arm structures.Failure to perform preventative maintenance after notification of inspection deficiency may result in the Maintaining Agency being responsible for the corrective actions. 6. Periodic maintenance includes but is not limited to:repair of cracks in the mast arm structure;removal and/or repair of grout pads;resetting of anchor bolts;repair or replacement of deteriorated anchor bolts and nuts;and replacement of the mast arm when it is determined through the inspection process that the mast arm has reached the end of its service life unless this is due to lad(of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATION 4/1S 4 Page 2 of 6 preventative maintenance by the Maintaining Agency. For any new mast arm installations after the date of this Agreement,if a Maintaining Agency requests a painted mast arm,the Maintaining Agency agrees to perform all required periodic and preventative maintenance.Any periodic maintenance performed on the mast arm structure by the Maintaining Agency needs Department approval prior to commencement of work unless under an emergency situation.Any and all work performed by the Maintaining Agency shall conform to the current Department Standard Specifications for Road and Bridge Construction. The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic maintenance: Maintaining Agency Florida DOT Preventative maintenance of all mast arm structures Periodic maintenance of all mast arm structures(except for any new painted and existing painted structures with signed separate Agreement) Periodic maintenance of structures(for any new painted and existing painted structures with signed separate Agreement) Damage repair or replacement of structures with recoverable May compensate Maintaining Agency for damage repair or costs replacement of structures when costs are non-recoverable Replacement at end of life cycle of the structure 7. The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the same functions. The Department shall not make any modifications and/or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 8. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans,specifications, special provisions,and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings(cyde length,split,offsets,sequence)are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment,timing and phasing at any time and,after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing and/or phasing,implementation of such modifications shall be coordinated with,or made by,the Maintaining Agency. 9. The Maintaining Agency shall note in the maintenance log any time/phasing changes and keep a copy of the timings and any approval documentation in a file.A copy of the log shall be provided to the Department upon request.Maintaining Agencies may provide this information electronically. 10. The Maintaining Agency and the Department will develop annually the Exhibit A which by this reference is made a part of this Agreement as though fully set forth herein. Exhibit A shall contain all Traffic Signals and Devices on the State Highway System, applicable to the jurisdiction of the Maintaining Entity,those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation. New Traffic Signals and Devices added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon Department final acceptance as stated in paragraph 2. The Maintaining Agency and the Department, preceding each fiscal year,shall develop and execute a new Exhibit A,which shall indude all new Department Traffic Signals and Devices added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new Department's Traffic Signals and Devices in the next fiscal year. In the event that no change has been made to the previous year's Exhibit A,a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B, attached and made a part hereof. a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. d) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three(3)years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency's general accounting records,together with supporting documents and records of the Maintaining Agency and all subcontractors performing work,and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. 11. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt,the Department has five(5)working days to inspect and approve the goods and services,unless the Agreement specifies otherwise. The Department has twenty(20)days to deliver a request for payment(voucher)to the Department of Financial Services. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATION 4/1S 4 Page 3 of 6 The twenty(20)days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 12. If a payment is not available within forty(40)days,a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes,shall be due and payable, in addition to the invoice amount,to the Maintaining Agency. Interest penalties of less than one(1)dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 13. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual indude acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516. 14. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier,contractor,supplier,subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity. 15. 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 on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with 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 thirty-six(36)months from the date of being placed on the convicted vendor list. 16. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement. 17. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year,the provisions of Section 339.135(6)(a), Florida Statutes,are hereby incorporated: (a) The Department,during any fiscal year,shall not expend money, incur any liability,or enter into any contract which,by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract,verbal or written,made in violation of this subsection shall be null and void,and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years,and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than one year. 18. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking,Agreement termination,or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A,the Department shall have the option of(a)notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time,otherwise the Department shall deduct payment for any deficient Traffic Signal(s)and Device(s)maintenance not corrected at the end of such time,or(b)take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 19. The Department intends to monitor the performance of the Maintaining Agency in the fulfillment of the agreement.The Maintaining Agency is required to submit an annual Report on April 1 of each year detailing the following: a. Detection device malfunctions shall be repaired or restored within sixty(60)days of discovery and such events shall be logged into the annual report. If repairs cannot be performed within 60 days,the agency shall document the reasons why. Discovery of such events shall be logged into the annual report. b.All traffic signals shall receive at least one(1)minor preventative maintenance inspection,preferably two inspections,within a twelve(12)month period.At a minimum,minor preventative maintenance inspection includes verification that all detection is working,the signal is cycling properly,the ventilation system is functioning and filters are clean.The inspection report should note the location,date of inspection and any items noted. 20. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to,agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS ana Page 4 of 6 on the State Highway System,provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 21. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 22. The Maintaining Agency shall allow public access to all documents, papers, letters,or other material subject to provisions of Chapter 119,Florida Statutes,and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 23. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 24. This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto. 25. Upon execution,this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s)between the parties,except specific separate Agreements covering painted mast arm maintenance. 26. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF,the parties have caused these presents to be executed,the day and year first above written. STATE OF FLORIDA DEPARTMENT OF Edgewater , Florida TRANSPORTATION (Maintaining Agency) By By: (Authorized Signature) (Authorized Signature) Print/Type Name: Tracey T. Barlow Print/Type Name: _ Title: City Manager Title: Attest: Attest: (Seal if Applicable) Reviewed: Legal Review: Attorney Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT S TRAFFIC OPERATION 4/14 Page 5 of 6 EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS AND INTERSECTION CONTROL BEACONS MAINTAINED AND OPERATED FOR FY Effective Date: 7_1 -2014 To: 7-1 — 2015 Maintaining Agency: wai Pr City of Ed ge Agency Responsible FDOT for Periodic Traffic FY Unit Maintenance Signal(TS) Emergency Rate %of (FDOT or or /Fire Dept. Speed Traffic (refer to State Maintaining Compen Intersection Pedestrian Signal Activated Warning Exhibit B) (Ex.25, Total Agency) -sation Control Flashing (FDS) Warning Beacon 33,50, Amount Intersection (Yes or Beacon Beacon Displays (TWB) 75 or (Unit Rate Locations No) (ICB) (PFB) (SAWD) 100) x Percent) SEE ATTACHED Total Lump Sum I $0.00 I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay,the Maintaining Agency a Total Lump Sum of$0.00. Maintaining Agency Date District Traffic Operations Engineer Date • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFIC OPERATIONS 4/14 Page 6 of 6 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and Method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement,the Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each fiscal year is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the percent of State Road Approaches to Total Approaches. Intersection Control Beacons are paid at 25% of the Unit Rate for full traffic signal. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons. Example 1: For a traffic signal intersection with 4 approaches with 2 approaches (50%) being state roads,the intersection amount for FY 10-11 will be: $2,622 x (2/4) = $1,311 Example 2: For an intersection control beacon with 3 approaches,with 2 approaches being state roads, the intersection amount for FY 11-12 will be $675 x (2/3) = $450 Example 3: For a location with a school zone flashing beacon and two speed activated warning displays, the intersection amount for FY 14-15 will be{($295*1) + ($148*2)}= $591 Unit Rates per 100% State Intersections Speed Intersection Pedestrian Emergency Activated Traffic Traffic Control Flashing Fire/Dept. Warning Warning Signals Beacon Beacon Signal Displays Beacon (TS) (ICB) (PFB) (FDS) (SAWD) (TWB) (0.25*TS) (0.10*TS) (0.25*TS) (0.05*TS) (0.05*TS) FY 11-12 $2,701 $675 12-13 $2,782 $696 13-14 $2,866 $716 14-15 $2,951 $738 $295 $738 $148 $148 15-16 $3,040 $760 $304 $760 $152 $152 16-17 $3,131 $783 $313 $783 $157 $157 The Unit Rate for each fiscal year is 3% more than the Unit Rate for the previous fiscal year, unless otherwise specified in an amendment to this Agreement. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department. m 03 LO Joo o °o #0. `0° rn a) 0 • o o ° ° c o m U'03 CO C `3 a . a) a) • Q -o -o w w O a) c o ai W Q a) Oa c L 0 Z , M 11 LO CO CO CO ui In `- Ln AGENDA REQUEST rfi' Date: May 19th, 2014 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT CONSENT June 2°d, 2014 BUSINESS ITEM DESCRIPTION: Agreement giving the City approval to utilize vacant property located at the corner of Lamont and North Ridgewood Ave. and property located with the Edgewater-New Smyrna Cemetery for parking during the July fireworks demonstration to occur on July 4th, 2014. BACKGROUND: As in previous years, the Edgewater Professional Firefighter has located alternative parking areas that will conveniently accommodate visitors for the July fireworks demonstration to occur on July 4th, 2014. These parking areas are the vacant lots located at the corner of Lamont and North Ridgewood Ave. and property located with the Edgewater Cemetery. The owners of the properties have once again 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 July fireworks demonstration to occur on July 4th, 2014. 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 submitted, Stephen Cousins Robin Matusick Fire Chief Paralegal / '. race, . Barlow City anager CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING - 4TH OF JULY) 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 4th of July fireworks show, which will be held on July 4th, 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 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 July 4th, 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, 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: 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 2nd day of legality by: Aaron R. Wolfe, Esquire June, 2014 under Agenda Item No. . City Attorney Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner CITY OF EDGEWATER EVENT LICENSE AGREEMENT (PARKING—July 4th, 2014) 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, STOVMOR PARTNERS L.P., whose address is 700 s. Ridgewood Ave. Edgewater, FL 32132 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring the annual July 4th Fireworks show, which will be held on July 4th, 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 July 4th, 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, 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: 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 Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 2nd day of legality by: Aaron R. Wolfe, Esquire June, 2014 under Agenda Item No. . City Attorney Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner 7i AGENDA REQUEST Date: May 27, 2013 Memo #2014-048 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT June 2, 2014 BUSINESS ITEM DESCRIPTION: Environmental Consulting Services Agreement- Addendum#4 BACKGROUND: On June 21, 2010 the City entered into an agreement for Environmental Consulting Services with three(3)firms — 1) Environmental Services, Inc.; 2)Zev Cohen & Associates, Inc.; and 3) Biological Consulting Services, Inc. The term of the agreement was for a one year period starting on July 1, 2010 with four (4) renewal options of one (1)year each. Addendum #1 was approved by City Council on June 20, 2011 to extend the term until July 1, 2012; Addendum #2 was approved by Council on July 16, 2012 to extend the term until July 1, 2013 and Addendum#3 was approved by Council on June 3, 2013 to extend the term until July 1, 2014. Addendum #4 will extend the term on all three (3) firms for the additional one year period from July 1, 2014 through and until July 1, 2015. STAFF RECOMMENDATION: Staff recommends approval of Addendum #4 for the Environmental Consulting Services Agreement with 1) Environmental Services, Inc.; 2) Zev Cohen & Associates, Inc.; and 3) Biological Consulting Services, Inc. to extend the term through and until July 1, 2015. ACTION REQUESTED: Motion to approve Addendum #3 for the Environmental Consulting Services Agreement with 1) Environmental Services, Inc., 2) Zev Cohen & Associates, Inc., and 3) Biological Consulting Services, Inc. to extend the term through and until July 1, 2015. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: / Tracey Barlow Robin L. Matusick T City anager Paralegal ADDENDUM NUMBER 4 TO THE ENVIRONMENTAL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF EDGEWATER AND BIOLOGICAL CONSULTING SERVICES,INC. By Agreement made and entered into this day of , 2014, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY") and BIOLOGICAL CONSULTING SERVICES,INC., (hereinafter referred to as "Firm"). WITNESSETH The CITY and FIRM mutually agree to amend that certain Agreement between the CITY and FIRM entered into on June 21, 2010; Addendum#1 entered into on June 20, 2011; Addendum#2 entered into on July 16, 2012 and Addendum##entered into on June 3, 2013 as follows: 1) Both parties wish to utilize the option contained in paragraph 12. TERM OF AGREEMENT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from July 1, 2014 through and until July 1, 2015. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished,ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER,FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: BIOLOGICAL CONSULTING SERVICES,INC. Joe H.Young,III,President Dated: (Agreement\EnvironmentalConsulting-BC S-Addendum#4-2014) ADDENDUM NUMBER 4 TO THE ENVIRONMENTAL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF EDGEWATER AND ENVIRONMENTAL SERVICES,INC. By Agreement made and entered into this day of , 2014, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY") and ENVIRONMENTAL SERVICES,INC., (hereinafter referred to as "Firm"). WITNESSETH The CITY and FIRM mutually agree to amend that certain Agreement between the CITY and FIRM entered into on June 21, 2010; Addendum#1 entered into on June 20, 2011; Addendum#2 entered into on July 16, 2012 and Addendum#3 entered into on June 3,2013 as follows: 1) Both parties wish to utilize the option contained in paragraph 12. TERM OF AGREEMENT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from July 1, 2014 through and until July 1, 2015. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER,FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: ENVIRONMENTAL SERVICES,INC. Shannon Julien Dated: (Agreement\EnvironmentalConsulting-ES-Addendum#4-2014) ADDENDUM NUMBER 4 TO THE ENVIRONMENTAL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF EDGEWATER AND ZEV COHEN&ASSOCIATES,INC. By Agreement made and entered into this day of , 2014, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY") and ZEV COHEN&ASSOCIATES,INC., (hereinafter referred to as "Firm"). WITNESSETH The CITY and FIRM mutually agree to amend that certain Agreement between the CITY and FIRM entered into on June 21,2010; Addendum#1 entered into on June 20, 2011; Addendum#2 entered into on July 16, 2012 and Addendum#3 entered into on June 3, 2013 as follows: 1) Both parties wish to utilize the option contained in paragraph 12. TERM OF AGREEMENT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from July 1, 2014 through and until July 1, 2015. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished,ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER,FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: ZEV COHEN&ASSOCIATES,INC. Samuel C. Hamilton,Jr. Vice President Dated: (Agreement\EnvironmentalConsulting-ZevCohen-Addendum#4-2014) 8° - AGENDA REQUEST Memo #2014-042 Date: May 6, 2014 PUBLIC HEARING June 2, 2014 RESOLUTION ORDINANCE June 2, 2014 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Ordinance #2014-0-10 - 2" Reading– Amending Chapter 10 (Health, Sanitation, Property Maintenance & Code Enforcement) BACKGROUND: Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the Code of Ordinances has not been modified since 2009 (Ordinance #2009-0-03). City Council first considered and approved this ordinance at first reading during the April 7, 2014 Council meeting. The modifications included herein will incorporate changes, scriveners errors and bring consistency with other rules/regulations of the City. STAFF RECOMMENDATION: Staff recommends that City Council approve Ordinance#2014-0-10 at 2"d reading/public hearing. ACTION REQUESTED: Motion to approve Ordinance #2014-0-10. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM# Respectfully submitted, Concurrence: �y r — race . :aglow Robin L. Matusick City anager Paralegal C' Steve ousins Fire Chief ORDINANCE NO. 2014-0-10 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) IN ITS ENTIRETY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) has not been modified since 2009 (Ordinance #2009-0-03). WHEREAS, amending Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) will incorporate changes, scriveners errors and bring consistency with other rules/regulations of the City. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING CHAPTER 10 (HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT) IN ITS ENTIRETY OF THE CODE OF ORDINANCES FOR THE CITY OF EDGEWATER, FLORIDA. Amend Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) in its entirety of the City of Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the 1 Strike through passages are deleted. Underlined passages are added. #2014-0-10 remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person,property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Bennington, with Second by Councilman Emter with the vote on the first reading of this ordinance held on April 7, 2014 as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X 2 Strike through passages are deleted. Underlined passages are added. #2014-0-10 After Motion to approve by with Second by , the vote on second reading/public hearing of this ordinance held on , 2014 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Michael 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 legality by: Aaron R. Wolfe, Esquire of , 2014 under Agenda Item No. City Attorney 8 . Doran, Sims, Wolfe, Kundid, Ciocchetti & Wagner 3 Strike though passages are deleted. Underlined passages are added. #2014-0-10 Exhibit "A" 4 Strike through passages are deleted. Underlined passages are added. #2014-0-10 CHAPTER 10 HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT Article I. In General Sec. 10-1. Title. Sec. 10-2. Scope. Sec. 10-3. Intent. Sec. 10-4. Nuisances generally. Definitions. Sec. 10-5. Required connection to city water supply systems. Nuisances generally. Sec. 10-6. Abandoned airtight containers. Sec. 10-7. Public nuisance and criminal gang activity adopted. Secs. 10-87- 10- 19. Reserved. Article II. Noise Sec. 10-20. Definitions. Sec. 10-21. Policy. Sec. 10-22. General restrictions. Sec. 10-23. Specific noises prohibited. Sec. 10-24. Classification of use occupancy. Sec. 10-25. Measurement standards. Sec. 10-26. Waivers for cultural events. Sec. 10-27. Enforcement. Sec. 10-28. Penalties. Sec. 10-29- 10-39. Reserved. Article III. Cleanliness and Sanitation of Premises Sec. 10-40. Littering-Public property and waterways. Sec. 10-41. Same-Property of another. Sec. 10-42. Same-Declaration of illegality and nuisance. Sec. 10-43. Inspection to determine prohibited conditions. Sec. 10-44- 10-79. Reserved. Article IV. Prohibited Uses Sec. 10-80. Outdoor storage-Residential. Sec. 10-81. Vehicle sales; storage on vacant lots; public right-of-way. Sec. 10-82. Commercial vehicles in residential areas. Sec. 10-83. Neglected premises. Sec. 10-84. Parking on drainage or maintenance easements or public rights-of-way. Sec. 10-85. Portable outdoor storage units-Residential Zoning. Sec. 10-86. Portable outdoor storage units-Commercial Zoning. Secs. 10 85 10-87- 18-89. Reserved. Article V. Sewage Disposal Sec. 10-90. Sanitary disposal methods-Required generally. Sec. 10-91. Same-Rented premises. 1 (Ordinances/Chapter 10) Secs. 10-92- 10-95. Reserved. Article VI. Weeds, Grass and Brush; Standards for Property Maintenance Sec. 10-96. Purpose and intent. Sec. 10-97. Defi.nifions, Reserved. Sec. 10-98. Property maintenance-Duty of the owner. Sec. 10-99. Excessive growth prohibited. Secs. 10-100- 10-105. Reserved. Article VII. Rubbish and Garbage Sec. 10-106. Accumulation of rubbish or garbage. Sec. 10-107. Disposal of rubbish or garbage. Sec. 10-108. Approved containers. Sec. 10-109. Burning or burying garbage, other refuse. Secs. 10-110 - 10-111. Reserved. Article VIII. Vehicles Sec. 10-112. Scope. Sec. 10-113. Inoperable, abandoned, and/or wrecked vehicles. Sec. 10-114. Same-Restoration and permits-For residential properties. Sec. 10-115. Parking in residential areas. Secs. 10-116- 10-119. Reserved. Article IX. Watercraft, Watercraft Trailers,Motor Homes, Trailers, Recreational Vehicle Trailers and Campers Sec. 10-120. Scope. Sec. 10-121. Same- Storage/parking. Sec. 10-122- 10-125.Reserved. Article X. Inspections Sec. 10-126. Existing building inspections. Sec. 10-127. Manufacturers and fabricators. Sec. 10-128. Inspection service. Sec. 10-129. After-hours inspections. Sec. 10-130. Site debris. Sec. 10-131. Tent permits. Secs. 10-132 - 10-135. Reserved. Article XI. Unsafe or Unsanitary Buildings Sec. 10-136. Authority to condemn. Sec. 10-137. Periodic inspection of buildings; notice of condemnation; hearing. Sec. 10-138. Uninhabitable, dilapidated, unsafe or unsanitary buildings or structures. Sec. 10-139. Order of condemnation; repair or removal. Sec. 10-140. Demolition by city; municipal special assessment lien. 2 (Ordinances/Chapter 10) Sec. 10-141. Emergency powers. Secs. 10-142 - 10-145. Reserved. Article XII. Applicability Sec. 10-146. General. Sec. 10-147. Maintenance. Sec. 10-148. Application of other codes. Sec. 10-149. Existing remedies. Sec. 10-150. Workmanship. Sec. 10-151. Historic buildings. Sec. 10-152. Referenced codes and standards. Sec. 10-153. Requirements not covered by code. Secs. 10-154- 10-157. Reserved. Article XIII. Duties and Powers of the Code Official Sec. 10-158. General. Sec. 10-159. Authority. Sec. 10-160. Inspections. Sec. 10-161. Right of entry. Sec. 10-162. Identification. Sec. 10-163. Notices and orders. Sec. 10-164. Department records. Secs. 10-165 - 10-167. Reserved. Article XIV. Unsafe Structures and Equipment Sec. 10-168. General. Sec. 10-169. Unsafe structures. Sec. 10-170. Unsafe equipment. Sec. 10-171. Structure unfit for human occupancy. Sec. 10-172. Unlawful structure. Sec. 10-173. Prohibited occupancy. Sec. 10-174. Vacant or uninhabited structures. Sec. 10-175. Occupied or inhabited structures. Sec. 10-176. Existing opening protective. Secs. 10-177 - 10-178. Reserved. Article XV. Emergency Measures Sec. 10-179. Imminent danger. Sec. 10-180. Temporary safeguards. Sec. 10-181. Closing streets. Sec. 10-182. Emergency repairs. Sec. 10-183. Costs of emergency repairs. Sec. 10-184. Hearing. Secs. 10-185 - 10-189. Reserved. 3 (Ordinances/Chapter 10) Article XVI. Maintenance of Structures, Equipment and Exterior Property Sec. 10-190. Scope. Sec. 10-191. Interchangeability. Sec. 10-192. Reserved. Sec. 10-193. Terms defined in other codes. Sec. 10-194. Terms not defined. Sec. 10-195. Parts. Sec. 10-196. Definitions Reserved. Sec. 10-197. Responsibility. Sec. 10-198. Vacant structures and land. Secs. 10-199- 10-201. Reserved. Article XVII. Exterior Property Areas Sec. 10-202. Sanitation. Sec. 10-203. Grading and drainage. Sec. 10-204. Sidewalks and driveways. Sec. 10-205. Rodent harborage. Sec. 10-206. Exhaust vents. Sec. 10-207. Accessory structures. Sec. 10-208. Vehicles. Sec. 10-209. Defacement of property. Secs. 10-210- 10-213. Reserved. Article XVIII. •• •• •• ' . . , • . - . Reserved Sec. 10 214. Swimming Pools. Sec. 10 215. Enclosures. Secs. 10 216 10-214- 10-218. Reserved. Article XIX. Exterior Structure Sec. 10-219. General. Sec. 10-220. Protective treatment. Sec. 10-221. Structural members. Sec. 10-222. Foundation walls. Sec. 10-223. Exterior walls. Sec. 10-224. Roofs and drainage. Sec. 10-225. Decorative features. Sec. 10-226. Overhang extensions. Sec. 10-227. Stairways, decks,porches and balconies. Sec. 10-228. Chimneys and towers. Sec. 10-229. Handrails and guards. Sec. 10-230. Window, skylight and door frames. Sec. 10-231. Glazing. Sec. 10-232. Openable windows. Sec. 10-233. Insect screens. Sec. 10-234. Doors. Sec. 10-235. Basement hatchways. 4 (Ordinances/Chapter 10) Sec. 10-236. Guards for basement windows. Sec. 10-237. Building security. Sec. 10-238. Windows. Sec. 10-239. Temporary storm protection. Secs. 10-240 10-245. Reserved. Article XX. Interior Structure Sec. 10-246. General. Sec. 10-247. Structural members. Sec. 10-248. Interior surfaces. Sec. 10-249. Stairs and walking surfaces. Sec. 10-250. Handrails and guards. Sec. 10-251. Interior doors. Secs. 10-252- 10-255. Reserved. Article XXI. Extermination Sec. 10-256. Infestation. Sec. 10-247. Owner. Secs. 10-258 - 10-260. Reserved. Article XXII. Light,Ventilation and Occupancy Limitations Sec. 10-261. Scope. Sec. 10-262. Responsibility. Sec. 10-263. Alternative devices. Sec. 10-264. Habitable spaces (light). Sec. 10-265. Common halls and stairways. Sec. 10-266. Other spaces. Sec. 10-267. Habitable spaces (ventilation). Sec. 10-268. Bathrooms and toilet rooms. Sec. 10-269. Cooking facilities. Sec. 10-270. Process ventilation. Sec. 10-271. Clothes dryer exhaust. Sec. 10-272. Privacy. Sec. 10-273. Minimum room widths. Sec. 10-274. Minimum ceiling heights. Sec. 10-275. Bedroom and living room requirements. Sec. 10-276. Room area. Sec. 10-277. Access from bedrooms. Sec. 10-278. Water closet accessibility. Sec. 10-279. Prohibited occupancy. Sec. 10-280. Other requirements. Sec. 10-281. Overcrowding. Sec. 10-282. Efficiency unit. Sec. 10-283. Food preparation. Secs. 10-284- 10-285. Reserved. 5 (Ordinances/Chapter 10) Article XXIII. Plumbing Facilities and Fixture Requirements Sec. 1O-286. Scope. Sec. 1O-287. Responsibility. Sec. 10-288. Dwelling units. Sec. 10-289. Rooming houses. Sec. 10-290. Hotels. Sec. 10-291. Employees' facilities. Sec. 10-292. Drinking facilities. Sec. 1O-293. Privacy. Sec. 1O-294. Location. Sec. 10-295. Location of employee toilet facilities. Sec. 10-296. Floor surface. Sec. 10-297. General (plumbing fixtures). Sec. 10-298. Fixture clearances. Sec. 10-299. Plumbing system hazards. Sec. 10-300. General (water system). Sec. 1O-301. Contamination. Sec. 10-302. Supply. Sec. 10-303. Water heating facilities. Sec. 1O-304. General. Sec. 10-305. Maintenance. Secs. 10-306- 10-308. Reserved. Article XXIV. Storm Drainage Sec. 10-309. General. Secs. 10-310 - 10-311. Reserved Article XXV. Mechanical and Electrical Requirements Sec. 10-312. Scope. Sec. 10-313. Responsibility. Sec. 10-314. Mechanical appliances. Sec. 10-315. Removal of combustion products. Sec. 1O-316. Clearances. Sec. 10-317. Safety controls. Sec. 10-318. Combustion air. Sec. 10-319. Energy conservation devices. Sec. 10-320. Facilities required-electrical. Sec. 10-321. Service. Sec. 10-322. Electrical system hazards. Sec. 10-323. Installation-electrical equipment. Sec. 1O-324. Receptacles. Sec. 1O-325. Luminaries. Sec. 10-326. Elevators, escalators, and dumbwaiters. Sec. 10-327. Elevators. Sec. 10-328. Same-Duct systems. Secs. 10-329- 10-332. Reserved. 6 (Ordinances/Chapter 10) Article XXVI. Heating Facilities Sec. 10-333. Same—Heating facilities. Sec. 10-334. Residential occupancies. Sec. 10-335. Heat supply. Sec. 10-336. Occupiable work spaces. Sec. 10-337. Room temperature measurement. Secs. 10-338 — 10-340. Reserved. Article XXVII. Code Compliance Process Sec. 10-341. Intent. Sec. 10-342. Definitions, Reserved. Sec. 10-343. Code enforcement board ("CEB")/ Special magistrate. Sec. 10-344. Enforcement procedures. Sec. 10-345. Notice of violations; repeat violators; citations. Sec. 10-346. Conduct of hearing. Sec. 10-347. Administrative fines and liens. Sec. 10-348. Classification of violations and a schedule of civil fines, penalties and/or costs. Sec. 10-349. Notices. Sec. 10-350. Appeals. Article XXVIII. Property Maintenance Nuisance and Abatement Sec. 10-400. Property maintenance nuisance conditions; abatement; notice and hearing; lien for expenses. Sec. 10-401. Imminent health hazards on private property. Sec. 10-402. Alternate method of enforcement. Article XXVIV. Maintenance of Commercial Properties Sec. 10-500. Minimum standards. 7 (Ordinances/Chapter 10) ARTICLE I. IN GENERAL Sec. 10-1. Title. These regulation shall be known as the Property Maintenance Code of the City of Edgewater, hereinafter referred to as "this code." Sec. 10-2. Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Sec. 10-3. Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. It is not the intent of the city to cause conflict with the controlling provisions of federal and state law and, to the extent of conflict, if any, such provisions shall prevail over the provisions of this code. Sec. 10-4. Definitions. The latest edition of Merriam-Webster's Collegiate Dictionary shall be used to define any words not defined in this chapter. The following words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ambient noise. All-encompassing noise associated with a given environment, usually being a composite of sounds from many sources. Approved. Approved by the code official. Basement. That portion of a building which is partly or completely below grade. Bathroom. A room containing plumbing fixtures including a bathtub or shower. Bedroom. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. Brush. The undergrowth of plant species that by virtue of their arrangement, chemical composition and growth pattern provide a ready path for uncontrolled fire to spread. It shall mean herbaceous plants, plants and grasses with stems that wither away annually or shrubs with woody stems that live from year to year as distinguished from trees. Species included in this definition shall include, but are not limited to, saw palmetto, gallberry, fetterbush and wax myrtle. Condemn. To adjudge unfit for occupancy. 8 (Ordinances/Chapter 10) City attorney means the city attorney of the city. City means City of Edgewater, Florida and its authorized agents. Code means the Code of Ordinances, the Land Development Code and all other ordinances of the City of Edgewater. Code Enforcement Officer. Code Enforcement Supervisor, Code official(s), Edgewater Police Officer(s), Building Official, Building Inspector(s), Fire Chief, Fire Marshal, Fire safety inspector(s) and community service officers(s) or any employee or agent as designated in writing by the city manager who is charged with the administration and enforcement of this code. Cultural event. Any event drawing a large attendance for enlightenment or recreation purposes which in the sole determination of the city council, has or is likely to become a community event integrated into accepted social practices or traditions. (Does not include recurring events such as Bike Week and Biketoberfest.) Decibel. A unit in which the levels of various acoustical quantities (sound) are expressed. Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Easement. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owners) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. Efficiency unit. A dwelling unit containing only one habitable room, sometimes referred to as a studio apartment. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises. Extermination. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Guard. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. 9 (Ordinances/Chapter 10) Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. Housekeeping unit. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. Imminent danger. A condition which could cause serious or life-threatening injury or death at any time. Improved lot. Any lot to which improvements have been made, including but not limited to, change of grade through filling or excavation, installation of water or sewer line, clearing of property to begin construction or any other physical alteration which has significantly disturbed the natural vegetation on the property. Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. Inoperable motor vehicle. A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power. Labeled. Devices, equipment, appliances or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. Law enforcement officer shall mean any person who is elected, appointed or employed by a municipality or the state or any political subdivision thereof, who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of penal, criminal,traffic or highway laws of the state. Let for occupancy or let. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is the legal owner of record or is authorized by said legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Natural area. Areas within larger improved lots where the natural vegetation has not been cleared or disturbed. Natural cover. Trees, brush, roots and other by products of land clearing activity. Noise. Any excessive sound which annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. The term is synonymous with sound. 10 (Ordinances/Chapter 10) Noise nuisance. Continuous or repeated sound that interferes with the rights of others by causing damage, annoyance or inconvenience with noise that exceeds the limits set forth in table 1 of Section 10-20. Noise-sensitive zone. An area which contains a hospital, nursing home, school, court or other designated facility. Noise-sensitive zones are those zones created by the city council upon a finding that the subject area contains a land use which is sensitive to or subject to adverse reactions from noise. Occupancy. The purpose for which a building or portion thereof is utilized or occupied. Occupant. Any individual living or sleeping in a building or having possession of a space within a building. Openable area. That part of a window, skylight or door which is available for the unobstructed ventilation and which opens directly to the outdoors. Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person. Any individual, firm, partnership, corporation, company, association,joint-stock association or body politic, including, but not limited to, any trustee, receiver, committee, assignee or other similar representatives thereof. Plainly audible. Any sound that can be clearly heard by unimpaired auditory senses based on a direct line of sight of 50 feet or more, however words or phrases need not be discernable and said sound shall include bass reverberation. Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon. Public way. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. Real property line. The property boundary that corresponds with the lot line and runs along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real property divisions. Repeat violation means a violation of a provision of a code or ordinance by a person who has previously been found to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. 11 (Ordinances/Chapter 10) Rooming house. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. Rooming unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity and frequency that is considered to be continuous, repeated noise. This term is synonymous with noise. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting scale as specified by ANSI standards, if the weighting employees is not indicated, the A-weighting shall apply. Sound level meter. An instrument used to measure sound pressure levels when properly calibrated and is of type 2 or better as specified by ANSI standards. Sleeping unit. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Strict liability offense. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do. Structure. Anything constructed, erected, installed or portable which requires a location on a parcel of land. It includes a moveable structure while it is located on land which can be used for housing, business, commercial or industrial purposes whether temporary or permanent. Structure shall include, but not be limited to walls, billboards, swimming pools and decks, communication towers, on-site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos, sheds and similar structures. Structure shall not include, pipes, pump stations and any other construction below ground level. Trash. All accumulation of grass, shrubbery or weed cuttings, pine needles and other refuse incident to the care of lawns, shrubbery, vines and gardens. The term "trash" shall not be taken to include trees, tree limbs, tree stumps, brush, used or broken appliances, furniture, bedding, building materials, lumber or other material of like nature. Tenant. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. Toilet room. A room containing a water closet or urinal but not a bathtub or shower. 12 (Ordinances/Chapter 10) Unimproved lot. Any lot which remains undisturbed and in a natural vegetative state. Vegetative fire hazard assessment. An assessment of an area to determine build-up along with vegetative fuel hazard classification and threats it may pose to real property. The assessment will be conducted utilizing the Volusia County Wildland/Urban Interface Wildfire Hazard Assessment Guide (dated 01/2000). Vegetative fire hazard. Trees, brush or other vegetation which by reason of their combustible nature during dry periods, their location or condition may cause loss, damage, or injury to persons or property by reason of fire. For example, brush on undeveloped lots averaging over three feet tall within 30 feet of an existing structure and_pine on undeveloped lots within 30 feet of an existing structure spaced in such a way that the average crown closure is more than 75 percent are considered fire hazards. Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to or removing such air from any space. Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. Yard. An open space on the same lot with a structure. Sec. 10-45. Nuisances generally. No person shall keep or permit to remain upon his premises, or upon any premises owned, used or controlled by him or her in any dwelling house, warehouse or other building, or upon any vacant lot, or in any yard or other place within the corporate limits of the city, any nuisance to the annoyance of those residing or being in the vicinity thereof, or any unwholesome, decayed or decaying animal or vegetable matter, or any other matter or thing detrimental to the health or comfort of residents to include, but not be limited to, the following conditions: (1) Junk, consisting of unsightly, worn-out or discarded material of little or no residual value including scrap metal, scrap lumber, wastepaper products, discarded building materials, or other debris, the accumulation of which has an adverse effect upon neighborhood or City property values, health, safety or general welfare; (2) Abandoned property, meaning any personal property including, but not limited to, motor vehicles, left in plain view under circumstances reasonably indicating that the possessor or owner thereof has relinquished any rights of ownership therein; (3) Wrecked motor vehicle, meaning any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power on any public street, or from which the wheels, engine, transmission or other substantial part thereof is inoperable and/or removed. (I) A motor vehicle not kept in a driveway or paved and/or improved parking area or (54) Any garbage; rubbish; trash; refuse; cans; bottles; boxes; container; paper; tobacco products; tires; abandoned or inoperative appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; vessels; aircraft; farm machinery or equipment; sludge from a waste treatment 13 (Ordinances/Chapter 10) facility, water supply treatment plant, or air pollution control facilities; or a substance in any form resulting from domestic, industrial, commercial, mining or agricultural operations; or dead or decaying plants (except for compost piles) or exotic animals of any kind; (65) Any building or structure, or part thereof, which is in a dilapidated, unsanitary or unsafe condition, or which constitutes a fire hazard; (76) Any building, structure, lot, place or location where any activity in violation of law is conducted, performed maintained or allowed; (87) Stagnant or insufficiently treated water, in a pool, pond or container of any kind, including water in which algae is allowed to grow or in which mosquitoes or other insects are able to he breed. (98) Animal excrement; (-1-09) Inoperable or unlicensed motor vehicle; (10-1-) Furniture kept or stored outdoors where such furniture is of the kind and sort normally and customarily kept inside such as, for example, upholstered sofas, and where such furniture is not in actual use; (11 2) Any appliance kept or maintained outside in the open air and not under roof such as a garage or carport; (123) Certain state of being or situation located on property which: a. Injures or endangers the comfort, repose, health or safety of any person; or b. Offends decency; or c. Is offensive to the senses; or d. Interferes with, obstructs or renders dangerous for passage on any public or private street, alley, highway, right-of-way, easement, sidewalk, stream, ditch, channel or drainage of any property; or e. Renders other persons insecure in life or the use of property; or f. Interferes with the comfortable and quiet enjoyment of life or property; or g. Tends to or could depreciate the value of property of any persons; or h. The accumulation of garbage and trash in violation of section 10-106; or i. Any trash, litter, debris, garbage, bottles, paper, plastic, metals, cans, rags, offal, bricks, concrete, lumber, building materials, or dead or decaying plants, (except for compost piles) or animals of any kind; or j. Any condition which provides, or could provide, harborage for rats, mice, snakes, insects or other vermin; or k. Any noises or vibrations, including animal noises, which disturb the, peace of the surrounding area or are otherwise unlawful; or 1. Any foul, offensive or unlawful emissions, odors or stenches and the causes thereof; or m. The pollution of any well, body of water or drainage system by sewage, dead animals, industrial wastes, debris or other substances; or n. Dense smoke, noxious or lethal fumes, lethal gas, soot or cinders; or o. Any condition constituting a fire hazard; or p. Blocking or damaging of drainage inlets, pipes, ditches, swales, channels, culverts or streams; or Any dead, damaged or diseased tree, located within 35 feet of any public roadway, public or private sidewalk that is adjacent to a public roadway, or any developed property when the tree has been declared a hazard by a code enforcement officer or an arborist; or r. Any public nuisance known as common law or in equity jurisprudence as set forth in Chapter 823, Public Nuisances, of the Florida Statutes. 14 (Ordinances/Chapter 10) ! . • • distribution system of the city, or abutting upon a street or other public way wherein a water system of the city, prior to occupancy of said trailer, mobile home or building. The owner, . .. • . - ; .. .. - -- . , - . . . . .. . .. . . Sec. 10-6. Abandoned airtight containers. (a) It is unlawful for any person knowingly to abandon or discard or to permit to be abandoned or discarded on premises under his control any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity of one and one-half cubic feet or more from which the door has not been removed. (b) The provisions of this section shall not apply to an icebox, refrigerator, deep- freeze locker, clothes washer, clothes dryer, or similar airtight unit which is crated or is securely locked from the outside or is in normal use on the premises of a home, or rental unit, or is held for sale or use in a place of business; provided, however, that "place of business" as used herein shall not be deemed to include a junkyard or other similar establishment dealing in secondhand merchandise for sale on an open unprotected premises. (c) It shall be unlawful for any retailer with unenclosed premises used for display of secondhand iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or similar airtight units to fail to remove the doors on such secondhand units having an interior storage capacity of one and one-half cubic feet or more from which the door has not been removed. This Section will not apply to any dealer who has fenced and locked his premises. Sec. 10-7. Public nuisance and criminal gang activity adopted. (a) F.S. § 893.138 Local administrative action to abate drug-related, prostitution related, or stolen-property-related public nuisances and criminal gang activity, is hereby adopted, in its entirety, as if fully set forth herein, as part of the Code of Ordinance of the City. (b) The Citizens Code Enforcement Board or Special Magistrate as outlined in Sec. 10-343 shall act as the administrative board for the section. Secs. 104 8- 10-19. Reserved. ARTICLE II. NOISE Sec. 10-20. Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ambient noise. All-encompassing noise associated with a given environment, usually being a composite of sounds from many sources. Cultural event. Any event drawing a large attendance for enlightenment or recreation purposes which in the sole determination of the city council, has or is likely to become a 15 (Ordinances/Chapter 10) community event integrated into accepted social practices or traditions. (Does not include recurring events such as Bike Week and Biketoberfest.) Decibel. A unit in which the levels of various acoustical quantities (sound) are expressed. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. Noise. Any excessive sound which annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans. The term is synonymous with sound. Noise nuisance. Continuous or repeated sound that interferes with the rights of others by causing damage, annoyance or inconvenience with noise that exceeds the limits set forth in table 1. Noise-sensitive zone. An area which contains a hospital, nursing home, school, court or other designated facility. Noise-sensitive zones are those zones created by the city council upon a finding that the subject area contains a land use which is sensitive to or subject to adverse reactions from noise. Person. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of the Unity States, state or any political subdivision thereof. Plainly audible. Any sound that can be clearly heard by unimpaired auditory senses based on a direct line of sight of 50 feet or more, however words or phrases need not be discernable and said sound shall include bass reverberation. Real property line. The property boundary that corresponds with the lot line and runs along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real property divisions. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity and frequency that is considered to be continuous, repeated noise. This terms is synonymous with noise. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting scale as specified by ANSI standards, if the weighting employees is not indicated, the A-weighting shall apply. Sound level meter. An instrument used to measure sound pressure levels when properly calibrated and is of type 2 or better as specified by ANSI standards. Sec. 10-21. Policy. It shall be unlawful, except as expressly permitted herein, to cause a noise nuisance or to make, cause or allow the making of any noise or sound which exceeds the sound level limits (dbA) set forth in this article. Noise emanating from the subject property after the owner has or should have knowledge of the noise nuisance condition shall be deemed to continue with the permission of the property owner. 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. 16 (Ordinances/Chapter 10) (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 a.m. — 9:00 p.m. 60 9:00 p.m. — 8:00 a.m. 50 Commercial 7:00 a.m. — 10:00 p.m. 65 10:00 p.m. — 7:00 a.m. 0 Manufacturing Industrial All times 75 Noise-sensitive zone All times 50 Sec. 10-23. Specific noises prohibited. In addition to the maximum permissible sound level limits set out in table 1, and unless otherwise exempted by this article or by act of the city, the following specific acts, or the causing or permitting thereof, are hereby declared to be in violation of this Article: (1) Horns, signaling devices, and other similar devices. The sounding of any horn or signaling device on any automobile or other vehicle, except as a danger warning; the sounding of any signaling device for any unnecessary or unreasonable period of time as determined by a law enforcement or code enforcement compliance officer; and the unreasonable use of any signaling device. Noises of safety signals, warning devices, and chimes of churches are exempt as are train horns, in approach of a crossing or as notification of an emergency situation as well as noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency. (2) Loudspeakers, public address systems. Use or operation of any loudspeaker, public address system or similar device such that the sound there creates a noise disturbance within a noise sensitive zone or any other use occupancy in accordance with table 1. (3) Acceleration, turning or stopping of a motor vehicle. The intentional or repeated creation of a noise disturbance through the acceleration, turning or stopping of any motor vehicle. (4) Animals. Owning, possessing or harboring any animal which, frequently or for continued duration, howls, barks, meows, squawks or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise sensitive zone. For the purposes of this article, "barking dog" is defined as a dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for one-half hour or more to the disturbance of any person at any time of day or night. ' •. :, , . . . . net be deemed a"barking dog" for the purposes of this article if, at any time the dog is barking or making other noise while a person is trespassing (5) Loading and unloading. Loading and unloading, opening, closing or other handling of boxes, crates, containers, equipment, building materials, garbage cans, dumpsters or similar objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends or holidays within 150 feet of a residential property line or noise sensitive zone. (6) Construction or demolition. Operating or causing the operation of any tools used in construction, drilling, repair, alteration, or demolition work between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, or between 6:00 p.m. and 10:00 a.m. on weekends or holidays within 17 (Ordinances/Chapter 10) 150 feet of any residential or noise sensitive zone, except for emergency work by public service utilities or by special permit approved by the city. This section shall not apply to the use of domestic power tools. (7) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, grinder, lawn or garden tools or similar tool between 10:00 p.m. and 7:00 a.m. on weekdays, or 10:00 p.m. and 8:00 a.m. on weekends and holidays, unless said equipment is operated inside a building or other structure so that the sound there from does not travel across any residential real property line or noise sensitive zone. All such equipment shall be properly muffled and maintained in working order so as not to create excessive or unnecessary noise. Sec. 10-24. Classification of use occupancy. For purposes of defining the use occupancy category the city's land development code shall describe residential, multifamily, industrial and commercial designations. All property containing permanent sleeping quarters, other than sleeping quarters in public lodging establishments, shall be considered residential use. All public-lodging facilities, as defined by F.S. §509.13(4), shall be considered commercial use. All premises containing businesses where sales, professional or other commercial activities are conducted shall be considered commercial use. All premises where manufacturing is legally permitted shall be considered manufacturing use. In case of multiple uses, the more restrictive use category shall prevail. Hospitals, nursing homes, schools, libraries and churches shall be considered uses within a noise sensitive zone. Sec. 10-25. Measurement standards. The following standards shall be used in the measurement of sound level limits of noise: (1) The measurement of sound or noise shall be made with a decibel or sound level meter operating on the A-weighting scale of any standard design and quality meeting the standards prescribed by the American National Standards Institute for a sound level meter. The instrument shall be maintained in good working order and calibrated prior to each use. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone used during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. (2) The slow meter response of the sound level meter shall be used in order to best determine that the average sound has not exceeded the standards set forth in table 1. (3) The measurement shall be made at the property line on which such noise in generated or perceived, as appropriate, five feet above the ground. (4) In the case of an elevated or directional sound or noise source, compliance with the noise limits is to be maintained at any elevation at the boundary. Sec. 10-26. Waivers for cultural events. The sponsors of a cultural event, which will occur infrequently and which reasonably may not meet the noise standards and regulations provided above, may submit a request for waiver to the city council, along with proposed precautions and conditions. The sponsors shall also provide 15 days' written notice to affected property owners within 500 feet of the proposed event, including a description of the event and proposed conditions, the name and telephone number of a contact for more information, and the date and time when the matter will be considered by the city council. City staff shall review the proposal and comment on the reasonable expectations of compliance or noncompliance with the provisions of this article and the likely impacts to the surrounding community. The proposal, along with staffs comments, 18 (Ordinances/Chapter 10) shall be reviewed by the city council at an advertised public hearing. Any waiver granted will specify which provisions of this Article are waived, the times they are waived, and any additional conditions which apply. Sec. 10-27. Enforcement. Code enforcement and the police department shall have primary enforcement responsibility for article ii (Noise). If violations are enforced through code enforcement, the process will be held in accordance with article XXVII. Sec. 10-28. Penalties. (a) Criminal. Any person, organization or corporation violating the provisions of this article shall, upon conviction, be subject to the penalties provided in Section 1-8 of the Code of Ordinances of the City. Violation of this article is a second-degree misdemeanor. Violators may be given a"notice to appear" or in the appropriate circumstances a physical arrest may be made. (b) Cease-and-desist order. Upon determination by the police department that a source of noise is being conducted in violation with this article, the police department shall issue an order directing the operator thereof to cease and desist such operations until the violation is corrected. If an owner fails to comply with a valid, duly served cease-and-desist order, he shall be guilty of misdemeanor and punished heretofore provided. (c) Civil proceedings. Upon determination by the city manager or his designee that a source of noise is being conducted in violation of this article or a cease and desist order issued by the police department, in addition to other remedies provided by this article and in the laws of the state, the city manager or his designee may, upon authorization by the city council, institute any appropriate action or proceedings to restrain, correct or abate such violations or otherwise prevent the unlawful use of such noise operation or the unlawful operation of such facility by any person. Upon conviction of three violations of this article within a 12-month period, the noise creating equipment may be confiscated by the court until the offender can satisfy the court that he is prepared to and in fact will operate said equipment with limits of this article. Further violation shall result in the permanent confiscation by the court upon correction. Secs. 10-29— 10-39. Reserved. ARTICLE III. CLEANLINESS AND SANITATION OF PREMISES Sec. 10-40. Littering—Public property and waterways. (a) It shall be unlawful for any person to dump, throw, place or cast, or cause to be dumped, thrown, placed or cast any refuse, rubbish, litter, trash, junk, garbage, or other unwholesome matter or substance of any kind whatsoever on any street, avenue, road, highway, waterway or any public way or along the rights-of-way thereof, including city, county, state and federal roads and highways, and waterways, within the city, or in any public park, beach or other public grounds in the city. (b) It shall be unlawful for any person, directly or through an agent or employee to distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill, commercial advertisement or newspaper not subscribed on any unattended vehicle, known vacant property or property with the appearance of vacancy or with the accumulation of greater than two days of such material. (c) It is to be expressly understood that the prohibitions set forth in subsection (a) do not prohibit the orderly placing of refuse, litter, trash and garbage at street side for systematic collection by the city, but do specifically prohibit the indiscriminate and disorderly casting of wastes on city streets. 19 (Ordinances/Chapter 10) Sec. 10-41. Same—Property of another. It shall be unlawful for any person to place, sweep or scatter any trash, garbage, debris, or any unwholesome or unsanitary matter or substance, in or upon any vacant lot or improved property of another within the City. Sec. 10-42. Same—Declaration of illegality and nuisance. The allowing of debris, rubbish, garbage, trash, tin cans, papers, or other unsanitary accumulations on any lot, tract, or parcel of land in the city to the extent that it constitutes or may reasonably become a menace to life, property, health, the public welfare, or provide a nest and/or breeding ground for mosquitoes, rats, mice, other rodents, snakes and other types of pests and vermin shall be unlawful and hereby prohibited and declared to be a public nuisance. Sec. 10-43. Inspection to determine prohibited conditions. It shall be the duty of the code enforcement office(s) to make periodic inspections of the city for the purpose of determining whether debris, rubbish, garbage, trash, tin cans, papers or other unsanitary conditions have accumulated or occurred, on any lot, tract, or parcel of land within the city to the extent that it constitutes or may reasonably become a menace to life, property, health, the public welfare or provides a nest and/or breeding ground for mosquitoes, rats, mice, other rodents, snakes, and other types of pests and vermin. Sec. 10-44— 10-79. Reserved. ARTICLE IV. PROHIBITED USES Sec. 10-80. Outdoor storage—Residential. Open outdoor storage in residential districts or property where the primary use is residential is expressly prohibited when seen from the right-of-way, except those items listed in section 10-114. Sec. 10-81. Vehicle sales; storage on vacant lots; public right-of-way. The sale, lease, or offering for sale or lease, or storage of any vehicles, including but not limited to, cars, trucks, commercial vehicles, semi tractors, tractor trailers, watercraft, trailers, recreational vehicles, campers, and equipment shall be prohibited on all vacant lots and all public rights-of-way within the city. A limit of one vehicle may be displayed for sale on each residential district or property where the primary use is residential subject to the following: (1) The vehicle must not be in violation of Sec. 10-82, Sec. 10-113 and Sec. 10-115. (2) The vehicle must be registered to the owner or tenant of the residential property at which the vehicle has been placed for sale. (3) A sign not to exceed 200 square inches may be used to advertise the sale of the vehicle. (4) No vehicle or combination of vehicles shall be displayed for sale more than 2 times in a calendar year with a total duration of 30 days per occurrence. Sec. 10-82. Commercial vehicles in residential areas. For the purposes of this section, "commercial vehicle" means a vehicle or trailer designed, intended, or used for transportation of people, goods, or things as part of a business. 20 (Ordinances/Chapter 10) (a) It shall be unlawful for a commercial vehicle, commercial trailer, semi tractors, tractor trailers, step vans, cargo vans, box trucks, busses, or concession vehicles, with a greater than one-ton rated capacity to be parked on any property whose primary use is residential. (b) No more than one commercial vehicle with less than or equal to a one-ton rated capacity shall be permitted to park on any property whose primary use is residential. (c) A limit of one emergency vehicle or a commercial vehicle such as a tow truck., Florida Power& Light vehicle, gas company vehicle and Florida East Coast Railway vehicle that are subject for immediate recall to an emergency may be permitted on property whose primary use is residential subject to the following: (1) The vehicle must not be in violation of Sec. 10-115 and Sec. 10-5. Sec. 10-83. Neglected premises. (a) It shall be the duty of any person owning or controlling a house or other building or premises to maintain such premises in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity. It shall be a violation of this section to abandon, neglect, or disregard the condition or appearance of any premises. (b) Every exterior wall of every building shall be free of holes, breaks, loose or rotting boards, or timbers. All siding material shall be kept in repair. Roofs shall be structurally sound and maintained in a safe manner and have no defects. (c) All portions of existing buildings, both interior and exterior, shall be maintained in such a manner that structural strength, stability, sanitation, adequate light and indoor air quality, and safety to life and property from fire and other hazards are provided for public safety, health, and general welfare. Sec. 10-84. Parking on drainage or maintenance easements or public rights-of-way. It shall be unlawful to park or store any vehicle, boat, trailer, equipment or item(s) of any kind that cause an impediment/obstruction on city, county, or state maintained drainage easements or public rights-of-way, including lawn ornaments or any other objects not permitted by the city and/or other appropriate jurisdictional authority. Sec. 10-85. Portable outdoor storage units—Residential Zoning. Portable on demand storage type units such as PODS and CONEX containers or other similar type of units may only be placed on developed residentially zoned property for a time period not to exceed 30 days. Additional days may be approved by the Building Department when a permit has been issued for the repair of a structure or for new construction. Placing portable on demand type units on undeveloped property is prohibited. Sec. 10-86. Portable outdoor storage units—Commercial Zoning. Portable on demand storage type units such as PODS and CONEX containers and trailers or other similar type of units may only be placed on developed commercially zoned property. Portable on demand type units and trailers in this section shall be considered an accessory use as defined and regulated in the Land Development Code. Portable on demand storage type units and trailers shall be screened from view when visible from any public right-of-way or adjacent property by a privacy fence or wall. The City of Edgewater Technical Review Committee shall determine the allowable duration that a portable on demand unit(s) and trailer(s) may remain on the property. The Building Department may approve the temporary placement of a storage unit when a permit has been issued for the repair of a structure or for new construction. Placing portable on demand type units and trailers on undeveloped property is prohibited. Secs. 10 85 10-87— 10-89. Reserved. 21 (Ordinances/Chapter 10) ARTICLE V. SEWAGE DISPOSAL Sec. 10-90. Sanitary disposal methods—Required generally. Every residence and building in which human beings reside, are employed or congregate, shall be required to have a sanitary method of disposing of human excrement, namely either a sanitary water closet that is connected with the city sewer, or connected to an approved type of septic tank. A septic tank may be used only on properties designated for single-family residential (SFR) use and said SFR property boundaries are located more than 200 feet from the sewer line. Properties with more than two residential dwellings or any non-residential use shall connect to city sewer regardless of the 200-foot rule. Sec. 12-91. Same—Rented premises. It shall be unlawful for any person owning or leasing any premises in the city to permit the disposal of any human excrement on any property, leased or rented by any such person or the agent of any such person, except in a sanitary water closet. Secs. 10-92— 10-95. Reserved. ARTICLE VI. WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY MAINTENANCE Sec. 10-96. Purpose and intent. The continuous growth and urban development of the city requires the reasonable and effective control and regulation of excessive accumulation of weeds, grass, brush, undergrowth and other similar plant life. Standards for property maintenance are necessary to prevent fire hazards; deposit of litter; debris or combustible materials; infestation by rodents and other health endangering wild animals; the breeding of mosquitoes and vermin; or, other nuisances which threaten the public safety, or endanger the public health or adversely affect the economic welfare of adjacent property. Sec. 10-97. Definitions Reserved. meanings ascribed to them in this section, except where the context clearly indicates a different mead t . -- . _ . • . : ant species that by virtue of their arrangement, chemical composition and growth pattern provide a ready path for uncontrolled fire to spread. It shall woody stems that live from year to year as distinguished from trees. Species included in this definition shall include, but are not limited to, saw palmetto, gallberry, fetterbush and wax myrtle. Improved lot. Any lot to which improvements have . - • ..-, •- .. . . . ••-• - the natural vegetation on the property. - been cleared or disturbed. Natural cover. Trees, brush, roots and other by products of land clearing activity. 22 (Ordinances/Chapter 10) Structure. Anything constructed, installed or portable which requires a location on a - • .. . ••ovcable structure while it is located on land which can be used for housing, business, commercial or industrial purposes whether temporary or permanent. Structure towers, on site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos, sheds and below ground level. Trash. All accumulation of grass, shrubbery or weed cuttings, pine needles and other bedding, building materials, lumber or other material of like nature. Unimproved lot. Any lot which remains undisturbed and in a natural vegetative state. Vegetative fire hazard assessment. An assessment of an area to determine build up along Hazard Assessment Guide (dated 01/2000). Vegetative fire hazard. Trees, brush or other vegetation which by reason of their .. . . - . . . • .. , --• . •. . . . •. • • - . , ... :-, . within 30 feet of an existing structure spaced in such a way that the average crown closure is Sec. 10-98. Property maintenance—Duty of the owner. (a) Maintenance of commercial and industrial zoned lots. The owner of every improved lot, piece and parcel of land located within a commercial or industrial zone within the city shall keep each such lot, piece or parcel of land free and clear of all fallen trees and limbs and all weeds, grass and brush exceeding 12 inches in height. However, nothing in this section shall be construed to require natural areas located within larger improved lots to be cut to a height less than 12 inches within such natural areas. Unimproved vacant parcels adjacent to improved parcels will be inspected by the city to determine severity of hazard to the improved property. If it is determined by the city that the property does pose a hazard, the owner of the unimproved vacant parcels will be required to keep 20 feet of their parcel that is adjoining an improved parcel of land free and clear of all fallen trees, limbs and brush exceeding 36 inches in height. (b) Maintenance of improved residential lots. The owner of an improved lot in a residential zone shall keep such lot free and clear of all fallen trees and limbs. All weeds, grass and brush shall be cut to a height not exceeding 12 inches. However, nothing in this section shall be construed to require natural areas located within larger improved lots to be cut to a height less than 12 inches within such natural areas. (c) Maintenance of unimproved residential lots. Unimproved vacant parcels adjacent to improved parcels will be inspected by the city fire department and/or code enforcement compliance to determine severity of hazard to the improved property. If it is determined by the city that the property does pose a hazard, the owner of the unimproved vacant lot in a residential zone will be required to keep 20 feet of their parcel/lot that is adjoining an improved lot free and clear of all fallen trees and limbs, and all weeds, grass and brush therein shall be cut to a height not exceeding 36 inches within such areas. (d) Maintenance of right of ways and abutting property owners. It shall be the duty of every owner of real property within the city to at all times cause to be cut and mowed, the grass and weeds and to cause to be cut and trimmed, the flowers, vines and shrubbery. 23 (Ordinances/Chapter 10) Performance shall be in a manner that protects and promotes the public health, safety and welfare and presents an aesthetically pleasing appearance in those areas of the right of way abutting their properties. It shall also be the duty of every owner of real property to properly dispose of said trimmings. Right of ways abutting improved residential or commercial lots shall be maintained as provided in subsections (a) and (b). Rights-of-way abutting unimproved residential lots shall be maintained as provided in subsection (c) for the maintained portion of residential lots. This maintenance area is that space between the private property lot or survey line of the property owner and the paved or graded portion of the public street adjacent thereto and includes that area between a sidewalk and street. The ground cover in the right of way area and other areas subject to erosion shall be grass unless other ground cover has been approved by the City. (e) Garbage, waste, trash, etc., prohibited. The owner of every lot, piece and parcel of land located within the city shall keep each such lot, piece and parcel of land free and clear of garbage, waste, trash, debris and junk. (f) No property maintenance permit required; other restrictions and requirements applicable. No permit shall be required for the limited property maintenance required by this Section; however, the requirements, restrictions and limitations imposed by other sections of this code and applicable provisions of the land development code pertaining to environmental preservation, tree removal, change of grade, etc., shall be applicable. In the event of any conflict between this section and any other provision of this code or applicable provision of the land development code, the other sections of this code or applicable provisions of the land development code shall prevail and govern. Sec. 10-99. Excessive growth prohibited. No person shall permit weeds, grass, brush or other similar plant life to grow to a height exceeding 12 inches on any property within the city which has been mowed, cleared or altered from its original natural state. Secs. 10-100— 10-105. Reserved. ARTICLE VII. RUBBISH AND GARGABE Sec. 10-106. Accumulation of rubbish or garbage. (a) All exterior property and premises, and the interior of every structure, shall be free from any accumulation of debris, newspapers, rubbish, junk, trash, cans, paper, tires, furniture, building materials or appliances. (b) It shall be the duty of any person owning or controlling a house or other building or premises to remove any uncontained rubbish or garbage on both the subject parcel and the adjacent right-of-way. (c) Yard waste (pine needles, 1 ayes, etc.) is to be properly contained before removal company. Sec. 10-107. Disposal of rubbish and or garbage. (a) Every occupant of a structure shall dispose of all rubbish or garbage in a clean and sanitary manner by placing such items in approved containers provided by the occupant. (b) All containers shall be stored on the premises of the owner or tenant behind the front dwelling line, until containers are placed at the right-of-way on scheduled pickup days. 24 (Ordinances/Chapter 10) (c) Containers may be placed in the adjacent street right-of-way no earlier than 4pm the evening before the scheduled pickup service and shall be removed no later than 11:00 p.m. on the day of scheduled pick up service. Sec. 10-108. Approved containers. Approved containers shall be leakproof and have close-fitting lids that deter animals from accessing the containers. Sec. 10-109. Burning or burying garbage, other refuse. No garbage, trash, brush, natural cover or other refuse shall be burned and no garbage shall be buried within the city. Secs. 10-110— 10-111. Reserved. ARTICLE VIII. VEHICLES Sec. 10-112. Scope. The purpose of this article is to establish criteria for the identification and regulation of inoperable, abandoned and/or wrecked vehicles located in areas designated for residential use Sec. 10-113. Inoperable, abandoned, and/or wrecked vehicles. (a) A vehicle shall be determined or defined as inoperable, abandoned, and/or wrecked by the code enforcement officer compliance officials should any of the following be applicable: (1) The vehicle creates a threat to public health, safety or welfare due to its condition or the conditions in, under or around subject vehicle. (2) The vehicle causes violations of federal, state or local environmental regulations by leaking noncontained hazardous fluids, such as oil, fuel, gear grease, hydraulic fluid, ethylene-glycol or antifreeze coolant additives and any other regulated chemicals which pose a threat to public health, safety or welfare by entering the groundwater supply or significantly running off the vehicle onto the surrounding area, creating dangerous/hazardous conditions for passing motorists or persons. (3) The vehicle is associated with discarded items accumulating in, on or around its immediate area, causing vehicle to meet criteria for"nuisance". (4) A vehicle that is stored with open hood, doors, hatches and compartments exposed to the general public or neighboring properties for any period exceeding 24 hours. (5) A vehicle visible to the general public or neighboring properties, which a code enforcement officer compliance officials cannot establish ownership or the responsible party declines to resolve valid issues contained within this article, shall be determined to be abandoned. (6) The vehicle is without a current valid assigned license tag and registration that is appropriately displayed or a current vehicle restoration permit. (7) The vehicle is wrecked, meaning any motor vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its owner power on any public street, or from which the wheels, engine, transmission or other substantial part thereof is inoperable and/or removed. 25 (Ordinances/Chapter 10) (b) Vehicles deemed to be inoperable, abandoned and/or wrecked shall not be stored in any zoning district except as provided for in Section 10-114. (c) Vehicles parked in locations other than driveways, or other designated parking areas are prohibited. Sec. 10-114. Same—Restoration and permits—For residential properties. (a) Any person seeking to openly restore a vehicle on property designated for residential use shall obtain a vehicle restoration permit issued by the code compliance enforcement officials. The vehicle restoration permit shall be posted conspicuously at the residence during the period of restoration. (b) The application for a vehicle restoration permit shall include the following: (1) Current photograph of the vehicle; (2) Description of restoration plan(s) including a schedule; (3) Vehicle identification number; (4) Fees paid as determined by Resolution. (c) A vehicle restoration permit authorizes the following: (1) Restoration may be performed in an open area. When stored, the vehicle shall be stored in an area not visible to the public or neighboring properties. (2) A vehicle being restored shall be stored in an area hidden from view by stockade fencing, chain link fencing with slatting, masonry wall, custom car cover or stored inside a garage. (d) The term of the permit shall be six (6) months one (1) year. Additional renewals will be available provided that restoration progress is consistent. (e) Vehicles being restored shall be owned by the occupant of the property. (f) A donor vehicle stored on property to supply parts for the permitted restoration vehicle shall comply with all of the above. Sec. 10-115. Parking in residential areas. All motor vehicles shall be kept on an approved driveway. Overflow parking is allowed only after the approved driveway has reached its parking capacity. Overflow parking is limited to nNo more than two operable motor vehicles shall be parked in the area immediately parallel adjacent towards the side lot line away from the front yard of an approved tothe driveway of a residence. The ground beneath the vehicle parked off the approved driveway must be maintained to promote an aesthetically pleasing appearance. Sec. 10-116— 10-119. Reserved. ARTICLE IX. WATERCRAFT, WATERCRAFT TRAILERS, MOTOR HOMES, TRAILERS, RECREATIONAL VEHICLE TRAILERS AND CAMPERS Sec. 10-120. Scope. The purpose of this article is to establish criteria for the parking and storage of noncommercial watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers on property designated for residential areas. Sec. 10-121. Same—Storage/parking. (a) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall have a current and valid assigned license tag and registration that is appropriately displayed, except any boat or trailer out 26 (Ordinances/Chapter 10) of view of the general public or neighboring properties shall not be required to have a valid license tag. (b) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall be maintained in an operable condition. Repairs shall not exceed three months. (c) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers may be parked or stored on an approved in a driveway, immediately parallel towards the side lot line away from the front yard of an approved te- he driveway, alongside the house behind the front dwelling line or in the backyard subject to the following conditions: (1) No watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers or any part thereof may rest on or occupy airspace past the property line or right of way. (2) Watercraft must be stored on operable trailers. (d) Boat motors of watercraft parked or stored on property designated for residential use shall not be operated before 7:00 a.m. or after 10:00 p.m. (e) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall not be used as a dwelling nor shall waste materials be permitted to discharge. (f) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers stored on property designated for residential use shall meet reasonable standards of appearance and maintenance as follows: (1) The ground beneath the watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers shall be maintained to promote an aesthetically pleasing appearance and not create a nuisance. free of debris, including weeds and grass in excess of 12 inches. (2) Watercraft trailers, motor homes, trailers, recreational vehicle trailers and camper tires shall be inflated to tire specifications. (3) The watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer and camper shall be kept clean and not be allowed to become a nuisance that can be detected beyond the owners property line. (4) Only routing repairs and maintenance may be performed on watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers parked in front yards. (g) The owner of the watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers must reside on the premises where the item is parked or stored. Additional property owned by the resident adjacent to the residence is considered to be a part of the premises for this purpose. The vehicles shall not be used for residential purposes, except during an emergency or natural disaster. The vehicles may be used for residential purposes only after application for building permit(s) for repair after a natural disaster and until the restoration of water, sewer and electrical services. If the building is uninhabitable, as determined by the building official, an additional six (6) months from utility restoration may be permitted at the discretion of the city manager. (h) Visitors may reside in their motor homes on property designated for residential use for a maximum of a two-week period with a permit. Waste materials shall not be permitted to discharge. A visitor residing in a motor home shall be permitted no more than twice in a six- month period. These permits shall be issued by the city clerk's office and prominently displayed so as to be visible from the street. (i) A limit of one vehicle (watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer or camper) per 4,000 square feet of lot area may be stored on 27 (Ordinances/Chapter 10) residentially zoned property. . . . . .. - •- - .. . , . Secs. 10-122 — 10-125. Reserved. ARTICLE X. INSPECTIONS Sec. 10-126. Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install or change the occupancy. He or she shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He or she shall make a record of every such examination and inspection and of all violations of the technical codes. Sec. 10-127. Manufacturers and fabricators. When deemed necessary by the building official, he or she shall make or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. Sec. 10-128. Inspection service. The building official may make or cause to be made, the inspections required by this chapter. He or she may accept reports of department inspectors, independent inspectors or recognized inspection services, provided that after investigation he or she is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections are certified in accordance to F.S. ch. 468. Sec. 10-129. After-hours inspections. The term after hours shall mean that time after 4:30 p.m. and prior to 8:00 a.m. weekdays. In the event that a permitted construction project requires after hours or weekend inspection, requests shall be completed on the approved request form, submitted within the specified time frame and the fee for such inspection shall be paid in accordance with the established fee table. In order to obtain after hours inspection the following must be met: • Requests must be made before noon on the day preceding the day the inspection is needed; and • Requests for weekend or holiday inspections must be submitted one week in advance. Sec. 10-130. Site debris. All contractors are responsible for assuring that the work sites and the adjacent streets are not littered during construction period. This obligation and duty includes unused or discarded work materials in addition to personal trash of the workmen (lunch items, cans, papers, etc). All debris shall be kept in such a manner as to prevent it from being spread by any means. Construction job sites must be kept clean, such that accumulation of construction debris must not remain on the property for a period exceeding fourteen days. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean up and removal of all 28 (Ordinances/Chapter 10) construction debris or any other miscellaneous discarded Articles prior to receiving a final inspection approval. All waste removal receptacles must by City approved. Streets must remain passable and not obstructed by vehicles or associated machinery or equipment utilized for the building process. Sec. 10-131. Tent permits. (a) Required. No tent shall be erected within the city until a permit has been obtained from the building division and the fire department. (1) Tents/canopies meeting all of the following requirements are exempt from permitting: a. Is 400 square feet or less; b. Does not have attachable sides; c. Does not have provisions for electricity; d. Is not utilized for a place of assembly for more than 50 people; and e. Does not provide for the sale of hazardous materials. (b) Application. An application for a tent permit shall include the following: (1) Letter from the property owner, authorizing use of the property. (2) Certification of tent fire resistance, effective for the period specified by the permit. (3) Tent permit application form. (c) Issuance; conditions. A permit shall be subject to the following conditions: (1) Inspection shall be requested by the permittee when the grounds are prepared by cutting grass, removing debris or any other potential fire hazards and electric service is ready for connection. Inspection approval will authorize erection of the tent. (2) Final inspection by the building department and fire prevention inspector shall be requested by the permittee when the tent is erected, sanitary facilities are provided and seats and fire extinguishers are installed. (3) The tent shall not be occupied or electrical service connected until satisfactory final inspections, as determined by the city, have been performed. (4) Permits are limited to two weeks, with provision for one extension of two weeks after satisfactory reinspection and approval by the city to ensure safety to life conditions have not deteriorated. (5) No tent shall be permitted on a site for a period longer than 28 days unless authorized by the development services director or his designee. No permit shall be issued for the same site within a period of 180 days following expiration of a tent permit. (6) Adequate parking shall be provided. Secs. 10-132— 10-135. Reserved. ARTICLE XI. UNSAFE OR UNSANITARY BUILDINGS Sec. 10-136. Authority to condemn. The city council is authorized to condemn and order to be demolished and removed, or to be put in a sound state of repair, any and all buildings and structures within the city found to be in a dilapidated, unsanitary, unsafe or uninhabitable condition. Additionally, city officials, as designated herein in emergency circumstances, are authorized to demolish and remove or to be put in a sound state of repair, any and all buildings and structures within the city found to be in a 29 (Ordinances/Chapter 10) dilapidated, unsanitary, unsafe or uninhabitable condition as set forth in the city's codes and ordinances adopted from the Unsafe Building and Abatement Code, 1985 Edition. Sec. 10-137. Periodic inspection of buildings; notice of condemnation; hearing. (a) The building official, the fire chief, the code official or their designees, are authorized to periodically inspect buildings and structures within the city and if such official finds any building or structure to be in a dilapidated, unsanitary, unsafe or uninhabitable condition, shall report such fact in writing to the city manager, specifying in detail the condition of the building or structure. The city shall thereupon determine whether or not a public hearing shall be held to condemn such building or structure. If the city manager determines such hearing will be held, he or she shall cause to be placed upon such building or structure a notice of condemnation and simultaneously therewith direct to be delivered to the owner or owners or any one owner, as outlined in section 10-349 "Notices", that the building or structure thereon has been found by officials of the city to be in dilapidated, unsanitary, unsafe or uninhabitable condition, and that the city intends to condemn the same. Such notice shall further provide that a hearing will be held before the construction board of adjustment and appeals (CBAA) at a stated time and at a stated place, and that at such time and place a full determination will be made by the CBAA as to the condition of the building or structure. (b) The property owner and the city manager, or designee, at the hearing, shall be heard and be permitted to present such relevant evidence as they desire. The CBAA may accept evidence from the general public as deemed appropriate for the particular case. Sec. 10-138. Uninhabitable, dilapidated, unsafe or unsanitary buildings or structures. (a) A building or structure shall be uninhabitable, dilapidated, unsafe or unsanitary when: (1) An order has been issued by the city under its codes or ordinances finding that a public nuisances exists; and (2) It is found to have one or more of the following characteristics: a. It is vacant, unguarded and open at doors or windows; b. There is an unwarranted accumulation of debris or other combustible material therein; c. The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy; d. There is a falling away, hanging loose or loosening of any siding, block, brick or other building material; e. There is a deterioration of the structure or structural parts; f. The structure is partially destroyed; g. There is an unusual sagging or leaning out of plumb of the structure or any parts of the structure and such effect is caused by deterioration or over-stressing; h. The electrical or mechanical installations or systems create a hazardous condition; or i. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; (3) It is found to have one or more of the characteristics in subsections a. through i. and an order has been issued by the CBAA sitting as the city's public nuisance abatement board declaring the subject property to be a public nuisance. (b) A building or structure found to be uninhabitable, dilapidated, unsafe or unsanitary as provided in this Section shall be subject to demolition. 30 (Ordinances/Chapter 10) (c) The city may sell any material salvaged from any demolished building or structure and any other property contained therein or thereupon and credit the proceeds against the cost of demolition or removal or where an independent contractor is employed to demolish or remove any such building or structure, to convey such material or property to the contractor as compensation or partial compensation for such demolition or removal. Should the proceeds from the disposition of such materials or property exceed the cost of such demolition or removal, such excess shall be used, applied or paid over in accordance with the written directions of the parties entitled thereto. (d) The city council is authorized to appropriate and expend such funds as may be necessary to carry out the provision of this article. Nothing contained herein shall require the city council to appropriate or expend any funds to carry out the purpose of this article. The authority granted herein is permissive and shall not be construed to impose an obligation on the Building Official or the City to condemn any building or structure. (e) Nothing herein precludes exercise of emergency powers otherwise available in the face of imminent threat to public safety. (f) The provisions of this article shall not be deemed to repeal or modify any provision of a city code or ordinance relating to condemning of buildings and structures but the provisions herein shall be supplemental and in addition to the powers that may be exercised by the city through its city council or its officers and employees. Sec. 10-139. Order of condemnation; repair or removal. If the CBAA determines upon hearing as provided in section 10-346 that such building or structure should be condemned, such fact shall be stated in writing to the property owner including reasonable specifications as to the deficiencies justifying such condemnation and the property owner shall be given a reasonable time, according to the size, condition and location of such building or structures, in which to cause the building or structure to be demolished and removed, the illegal conditions abated or placed in a state of sound repair. In the event of failure on the part of the property owner within such time period to effect the demolition and removal, abatement or repair, then such building or structure will be demolished and removed by the city and the cost of the same specially assessed as a lien against the land. The order of condemnation shall be delivered to the property owner or owners or any one owner, as outlined in section 10- 349 (Notices"). The lack of a signed returned receipt shall not constitute a failure to notify owners or interested parties. Service shall be deemed complete upon mailing. The order of condemnation shall be recorded in the public records of the county as a municipal special assessment lien. The recordation of such order of condemnation as a municipal special assessment lien as provided in this section shall constitute notice to any subsequent purchasers, transferees, grantees, mortgagors, mortgagees, lessees, lienors and all persons having, claiming or acquiring any interest in the property described therein or affected thereby. No condemned building or structure stating that the same is condemned shall be occupied or used for any purpose during the period of time the same is condemned. Sec. 10-140. Demolition by city; municipal special assessment lien. If, within the time stated in the order of condemnation/municipal special assessment lien provided for in section 10-137, the property owner fails to demolish and remove or repair such condemned building or structure and has not shown cause before the city council which justifies an extension of time, the city council shall forthwith order such building or structure to be demolished or removed by the city and the actual costs including administrative costs of the same specially assessed as a municipal special assessment lien upon the land. The city may enforce its municipal special assessment lien and maintain a personal action against the property owner or owners at the same time to recover such cost and any and all interest accrued thereon. 31 (Ordinances/Chapter 10) In any suit by the city either at law or in equity for the collection of the amount of the lien, the city shall be entitled to recover its actual costs and attorney's fee for the suit and such costs and attorney's fee shall also become a lien upon the land. Any lien for costs and fees incurred pursuant to sections 10-136 through 10-141 shall constitute a lien for special assessments and with the same penalties and rights of collection, foreclosure, sale and forfeiture as obtained for special assessment liens. Sec. 10-141. Emergency powers. The city manager, building official, fire chief, or code enforcement officer official shall have the power to promptly cause a building, structure or portion thereof to be made safe or cause its removal in cases of emergency which have been determined to involve imminent danger to human life or health. For this purpose such structure or land on which such structure stands or abutting land or structures may be entered by such official with such assistance and at such cost as the official may deem necessary. The official may order the vacation of adjacent structures and may protect the public by appropriate fencing or such other means as may be necessary and for this purpose may close a public or private way. All costs incurred by the city pursuant to this section shall be assessed and enforced as stated in section 10-344 and other controlling provisions of the city's codes and ordinances. Secs. 10-142— 10-145. Reserved. ARTICLE XII. APPLICABILITY. Sec. 10-146. General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in this chapter. Where, in a specific case, different Sections of this code specify different requirements,the most restrictive shall govern. Sec. 10-147. Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. Sec. 10-148. Application of other codes. Repairs, additions or alterations to a structure or changes of occupancy, shall be done in accordance with the procedures and provisions of the Florida Building Code. Nothing in this code shall be construed to conflict with any provision of the Florida Building Code. Sec. 10-149. Existing remedies. The provisions of this code shall not be construed to abolish or impair existing remedies of the city or its officers or agencies relating to the removal or demolition of any structure, which is dangerous, unsafe and unsanitary. 32 (Ordinances/Chapter 10) Sec. 10-150. Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. Sec. 10-151. Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. Sec. 10-152. Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Florida Building Code requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Sec. 10-153. Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. Sec. 10-154— 10-157. Reserved. ARTICLE XIII. DUTIES AND POWERS OF THE CODE OFFICIAL Sec. 10-158. General. The code official shall enforce the provisions of this code. Sec. 10-159. Authority. The city manager shall have authority as necessary in the interest of public health, safety and general welfare, to promulgate procedures to implement this code. The code official shall have the authority to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such interpretations shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code or of violating accepted engineering methods involving public safety. Sec. 10-160. Inspections. The code official shall make all of the required inspections or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the city manager. Sec. 10-161. Right of entry. The code enforcement officer officials are authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code enforcement officer officials are authorized to seek the city attorney to take actions to pursue recourse as provided by law. 33 (Ordinances/Chapter 10) Sec. 10-173. Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. It is prohibited and unlawful for any person to occupy a placarded premises or to operate placarded equipment. Sec. 10-174. Vacant or uninhabited structures. Damaged openings such as doors, windows or other apertures or holes in the building envelope shall be allowed to be temporarily protected for a period of time not to exceed 90 days. Materials used to protect or cover the opening can be any material approved for use by the then current edition of the Florida Building Code. If using wood structural panels, oriented strand board (OSB), plywood or any other natural wood product, the material used to enclose the building must be neatly fitted to protect the opening and shall be painted to blend in or match the rest of the building. Sec. 10-175. Occupied or inhabited structures. Damaged openings such as doors, windows or other apertures or holes in the building envelope shall be allowed to be temporarily protected, but repairs or replacement of the damaged doors, windows or other apertures must take place within 90 days. Materials used to temporarily protect, cover or replace the opening can be any material approved for use by the then current edition of the Florida Building Code. Sec. 10-176. Existing opening protective. Any opening protective in place on the adoption date of this chapter shall be removed within 90 days of the enactment of this chapter. Secs. 10-177 - 10-178. Reserved. ARTICLE XV. EMERGENCY MEASURES Sec. 10-179. Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. Sec. 10-180. Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall request the city manager to order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 35 (Ordinances/Chapter 10) Sec. 10-181. Closing streets. When necessary for public safety, the code official shall temporarily close structures and close or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. Sec. 10-182. Emergency repairs. For the purposes of this section, the code official shall request the city manager to authorize the necessary labor and materials to perform the required work as expeditiously as possible. Sec. 10-183. Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the owner of the property causing such costs to the city. Upon failure to pay the city, the city shall record a municipal special assessment lien upon the property. Sec. 10-184. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter and upon petition directed to the city manager, be afforded a hearing consistent with controlling law. Secs. 10-185— 10-189. Reserved. ARTICLE XVI. MAINTENANCE OF STRUCTURES, EQUIPMENT AND EXTERIOR PROPERTY Sec. 10-190. Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this article. The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. Sec. 10-191. Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. Sec. 10-192. Reserved. Sec. 10-193. Terms defined in other codes. Where terms are not defined in this code and are defined in the Florida Building Code or the city's codes and ordinances, such terms shall have the meanings ascribed to them as stated in those codes when applicable. Sec. 10-194. Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 36 (Ordinances/Chapter 10) Sec. 10-195. Parts. Whenever the words "dwelling unit," "dwelling," "efficiency unit," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." Sec. 10-196. Definitions. Reserved. Approved. Approved by the code official. Basement. That portion of a building which is partly or completely below grade. Bathroom. A room containing plumbing fixtures including a bathtub or shower. Bedroom. Any room or space used or intended to be used for sleeping purposes in either Code official. The official who is charged with the administration and enforcement of this code or any duly authorized representative. Condemn. To adjudge unfit for occupancy. Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Easement. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. Efficiency unit. A dwelling unit containing only one habitable room, sometimes referred to as a studio apartment. Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises. Extermination. The control and elimination of insects, rats or other pests by eliminating Garbage. The animal or vegetable waste resulting from the handling, preparation, Guard. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar -. . - . . : . .• . . - spaces. 37 (Ordinances/Chapter 10) Housekeeping unit. A room or group of rooms forming a single habitable space equipped such a unit, a toilet, lavatory and bathtub or shower. Imminent danger. A condition which could cause serious or life threatening injury or death at any time. Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. Inoperable motor vehicle. A vehicle which cannot be driven upon the public streets for or incapable of being moved under its own power. Labeled. Devices, equipment, appliances or materials to which has been affixed a label, agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items and by whose label the manufacturer Let for occupancy or let. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is the legal . . • . . • . . . -_al owner of record thereof, pursuant to a written or unwritten lease, agreement or license or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Occupancy. The purpose for which a building or portion thereof is utilized or occupied. Occupant. Any individual living or sleeping in a building or having possession of a Openable area. That part of a window, skylight or door which is available for the Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person. An individual,corporation, partnership or any other group acting as a unit. Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon. 38 (Ordinances/Chapter 10) Public way. Any street, alley or similar parcel of land essentially unobstructed from the public for public use. Rooming house. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one or two family dwelling. Rooming unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin Sleeping unit. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Strict liability offense. An offense in which the prosecution in a legal proceeding is not either did an act which was prohibited or failed to do an act which the defendant was legally oatodo Structure. That which is built or constructed or a portion thereof. - - Toilet room. A room containing a water closet or urinal but not a bathtub or shower. Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to or removing such air from any space. Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, Yard. An open space on the same lot with a structure. Sec. 10-197. Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, efficiency unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 39 (Ordinances/Chapter 10) Sec. 10-198. Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Secs. 10-199— 10-201. Reserved. ARTICLE XVII. EXTERIOR PROPERTY AREAS Sec. 10-202. Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. Nothing in this code shall be deemed to preclude action being taken by the city under the provisions of article VI relating to weeds, wild growth and debris remediation by the city. Sec. 10-203. Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereof or within any structure located thereon, except for approved retention areas and reservoirs. Sec. 10-204. Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. Sec. 10-205. Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. Sec. 10-206. Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. Sec. 10-207. Accessory structures. All accessory structures, including but not limited to fences and walls, greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like shall be maintained structurally sound and in good repair. Sec. 10-208. Vehicles. Except as provided for in other regulations, no inoperative or unlicensed vehicle shall be parked, kept or stored on any premises (including public property) and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Removal of junk vehicles on public property shall be subject to the provisions of chapter 17 article IV of the City Code. 40 (Ordinances/Chapter 10) Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, on a property owner's property if such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. Sec. 10-209. Defacement of property. It is prohibited and unlawful for a person to willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti, to include specific murals, paintings and wording that is not permitted within the Edgewater Land Development Code or consistent with the structure type, design or location. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. Secs. 10-210— 10-213. Reserved. ARTICLE XVIII. _ ' e e ._, . ' • . • • ! - e . : . RESERVED. Sec. 10 2-14,Swimming-pools. Swimming pools shall be maintained in a clean and sanitary condition and in good repair. See,1-0 214. Enclosures. Private swimming pools, hot tubs and spas containing water more than 21 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1,219 mm) The maximum vertical clearance between grade and the bottom of the barrier shall be two inches such barriers shall be self closing and self latching. Where the self latching device is less than 51 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this Section. Secs. 1044-6 10-214— 10-218. Reserved. ARTICLE XIX. EXTERIOR STRUCTURE Sec. 10-219. General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Sec. 10-220. Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, roofs, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be 41 (Ordinances/Chapter 10) maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Excessive oxidation stains shall be removed from exterior surfaces. Surfaces designed to stabilization by oxidation are exempt from this requirement. Sec. 10-221. Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads. Sec. 10-222. Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. Sec. 10-223. Exterior walls. All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Sec. 10-224. Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Sec. 10-225. Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. Sec. 10-226. Overhang extensions. All overhand extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Sec. 10-227. Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with propery anchorage and capable of supporting the imposed loads. Sec. 10-228. Chimneys and towers. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Sec. 10-229. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 42 (Ordinances/Chapter 10) Sec. 10-230. Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Sec. 10-231. Glazing. All glazing materials shall be maintained free from cracks and holes. Sec. 10-232. Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. Sec. 10-233. Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self-closing device in good working condition. Exceptions: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. Sec. 10-234. Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Doors providing access to a dwelling unit, efficiency unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys. Such locks shall be installed according to the manufacturer's specifications, maintained in good working order and shall tightly secure the door. Sec. 10-235. Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Basement hatchways that provide access to a dwelling unit, efficiency unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. Sec. 10-236. Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. Sec. 10-237. Building security. Doors, windows or hatchways for dwelling units, efficiency units, rooming units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. Sec. 10-238. Windows. Windows manufactured to be operable must remain operable. Windows required for emergency egress shall be operable and located in whole or in part of the structure, dwelling unit, efficiency unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 43 (Ordinances/Chapter 10) Sec. 10-239. Temporary storm protection. Openings such as doors, windows or other apertures may be temporarily protected up to 14 days prior to the projected landfall of any named storm or weather system. Temporary protection must be removed within 14 days after the storm threat has passed. Materials used to protect or cover the opening can be any material approved for use by the then current edition of the Florida Building Code. Secs. 10-240— 10-245. Reserved. ARTICLE XX. INTERIOR STRUCTURE Sec. 10-246. General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. Sec. 10-247. Structural members. All structural members shall be maintained structurally sound and be capable of supporting the imposed loads. Sec. 10-248. Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Pealing, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. Sec. 10-249. Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Sec. 10-250. Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Sec. 10-251. Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Secs. 10-252 — 10-255. Reserved. ARTICLE XXI. EXTERMINATION Sec. 10-256. Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that 44 (Ordinances/Chapter 10) will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. Sec. 10-257. Owner. The owner of any structure shall be responsible for extermination within the structure. Secs. 10-258— 10-260. Reserved. ARTICLE XXII. LIGHT,VENTILATION AND OCCUPANCY LIMITATIONS Sec. 10-261. Scope. The provisions of this article shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. Sec. 10-262. Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy, any premises that do not comply with the requirements of this Article. Sec. 10-263. Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Florida Building Code shall be permitted. Sec. 10-264. Habitable spaces (light). Every sleeping space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 square meters). The exterior glazing area shall be based on the total floor area being served. Sec. 10-265. Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two- family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 square meters) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9,144 mm). In other than residential occupancies, means of egress, including exterior means of egress, including but not limited to, stairways, shall be illuminated at all times within the building space served by the means of egress is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads. 45 (Ordinances/Chapter 10) Sec. 10-266. Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions and the safe occupancy of the space; and utilization of the appliances, equipment and fixtures. Sec. 10-267. Habitable spaces (ventilation). Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in section 10-264. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 square meters). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. Sec. 10-268. Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by section 10-267, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. Sec. 10-269. Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: (1) Where specifically approved in writing by the code official. (2) Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. Sec. 10-270. Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. Sec. 10-271. Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. Sec. 10-272. Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. Sec. 10-273. Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counterfronts and appliances or counterfronts and walls. 46 (Ordinances/Chapter 10) Sec. 10-274. Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm). Exceptions: (1) In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height. (2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033 mm) with not less than six fee four inches (1,932 mm) of clear height under beams, girders, ducts and similar obstructions. (3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet(1,524 mm) or more shall be included. Sec. 10-275. Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of sections 10-273 and 10-274. Sec. 10-276. Room area. Every living room shall contain at least 120 square feet (11.2 square meters) and every bedroom shall contain at least 70 square feet (6.5 square meters). Sec. 10-277. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. Sec. 10-278. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or access to a facility located on an adjacent story. Sec. 10-279. Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. Sec. 10-280. Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this Article; the plumbing facilities and water-heating facilities requirements of article XXIII; the heating facilities and electrical receptacle requirements of article XXV. 47 (Ordinances/Chapter 10) Sec. 10-281. Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that the code enforcement officer official finds and determines, based upon generally accepted practices and principles, endanger the life, health, safety or welfare of the occupants. Sec. 10-282. Efficiency unit. Efficiency units shall meet the following requirements: (1) A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 square meters). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 square meters). These required areas shall be exclusive of the areas required by subsections (2) and (3). (2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. (3) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. (4) The maximum number of occupants shall be three. Sec. 10-283. Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. Secs. 10-284 - 10-285. Reserved. ARTICLE XXIII. PLUMBING FACILITIES AND FIXTURE REQUIREMENTS Sec. 10-286. Scope. The provisions of this article shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. Sec. 10-287. Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this article. Sec. 10-288. Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. Sec. 10-289. Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 48 (Ordinances/Chapter 10) Sec. 10-290. Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. Sec. 10-291. Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. Sec. 10-292. Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. Sec. 10-293. Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. Sec. 10-294. Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. Sec. 10-295. Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. Sec. 10-296. Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. Sec. 10-297. General (plumbing fixtures). All plumbing fixtures shall be properly installed and maintained in working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. Sec. 10-298. Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. 49 (Ordinances/Chapter 10) Sec. 10-299. Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. Sec. 10-300. General (water system). Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water. Sec. 10-301. Contamination. The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets,janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. Sec. 10-302. Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely and free from defects and leaks. Sec. 10-303. Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. Sec. 10-304. General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. Sec. 10-305. Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. Secs. 10-306— 10-308. Reserved. ARTICLE XXIV. STORM DRAINAGE Sec. 10-309. General. Drainage of roofs and paved areas, yards, courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Secs. 10-310 - 10-311. Reserved. 50 (Ordinances/Chapter 10) ARTICLE XXV. MECHANICAL AND ELECTRICAL REQUIREMENTS Sec. 10-312. Scope. The provisions of this article shall govern the minimum mechanical and electrical facilities and equipment to be provided. Sec. 10-313. Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any premises which does not comply with the requirements of this article. Sec. 10-314. Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. Sec. 10-315. Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances which are labeled for unvented operation. Sec. 10-316. Clearances. All required clearances to combustible materials shall be maintained. Sec. 10-317. Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. Sec. 10-318. Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. Sec. 10-319. Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. Sec. 10-320. Facilities required-electrical. Every occupied building shall be provided with an electrical system in compliance with the requirements of this article. Sec. 10-321. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the Florida Building Code, Electrical. Dwelling units shall be served by a three-wire, 120/240 volt, single phase electrical service having a rating of not less than 60 amperes. 51 (Ordinances/Chapter 10) Sec. 10-322. Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code enforcement officer off eial shall require the defects to be corrected to eliminate the hazard. Sec. 10-323. Installation-electrical equipment. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. Sec. 10-324. Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. Sec. 10-325. Luminaries. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire. Sec. 10-326. Elevators, escalators, and dumbwaiters. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in ASME A17.1, appendix N, except where otherwise specified by the authority having jurisdiction. Sec. 10-327. Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. Sec. 10-328. Same—Duct systems. Duct systems s hall be maintained free of obstructions and shall be capable of performing the required function. Secs. 10-329— 10-332. Reserved. ARTICLE XXVI. HEATING FACILITIES Sec. 10-333. Same—Heating facilities. Heating facilities shall be provided in structures as required by this Section. 52 (Ordinances/Chapter 10) Sec. 10-334. Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the Florida Building Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exceptions: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. Sec. 10-335. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: (1) When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Florida Building Code. (2) In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. Sec. 10-336. Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied. Exceptions: (1) Processing, storage and operation areas that require cooling or special temperature conditions. (2) Areas in which persons are primarily engaged in vigorous physical activities. Sec. 10-337. Room temperature measurement. The required room temperature shall be measured three feet (914 mm) above the floor near the center of the room and two feet(610 mm) inward from the center of each exterior wall. Secs. 10-338— 10-340. Reserved. ARTICLE XXVII. CODE COMPLIANCE PROCESS Sec. 10-341. Intent. (a) It is the intent of this article to promote, protect and improve the health, safety, welfare and to safeguard property values of the citizens of the city by providing an equitable, expeditious, effective and inexpensive method of enforcing the various codes of the city. (b) The provisions of this article is are intended to provide an additional and supplemental means of enforcing the laws, codes of ordinances and statutes in force in the city and nothing contained herein shall prohibit the city from enforcing its codes or ordinances by any other means available, specifically including Parts I and II, of Chapter 162, Florida Statutes. 53 (Ordinances/Chapter 10) (c) All active code enforcement complaints for which a notice of violation has been issued prior to the effective date of this chapter shall continue to be prosecuted through the code complaints shall be prosecuted through the citation fine .. . •. - - -- - -. Sec. 10-342. Definitions Reserved. The following words, terms and phrases, as used in this article shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise: City attorney means the city attorney of the city. City means City of Edgewater, Florida. Code means the Code of Ordinances, the Land Development Code and all other ordinances of the City of Edgewater. Code enforcement compliance officer shall mean the code compliance enforcement supervisor, code enforcement compliance officer(s),. and law enforcement officer(s), building designated in writing by the city manager. Law enforcement officer shall mean any person who is elected, appointed or employed full time by a municipality or the state or any political subdivision thereof, who is vested with Person means any natural person, corporation,partnership or other entity. Repeat violation means a violation of a provision of a code or ordinance by a person who has previously been found to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations, ca[xtio virs-: Sec. 10-343. Code enforcement board ("CEB")/Special magistrate. (a) The city hereby establishes a citation-fine code compliance process for the enforcement of its various codes. The code enforcement board (CEB) and the special magistrate shall have the power to impose administrative costs, fines and various noncriminal, civil penalties and to provide for an equitable, expeditious and effective process to achieve compliance and/or enforcement of the laws; Code of Ordinances and statutes in force in the city. Nothing in this article shall prohibit or limit the city from enforcing the laws, codes of ordinances and statutes in force in the city by any other means available, specifically including Parts I and II, of Chapter 162, Florida Statutes. The provisions of this article are merely an additional means of obtaining compliance. (b) The code enforcement board and the special magistrate shall have the power to: (1) Adopt rules for the conduct of hearing. (2) Hold hearings and assess fines against violators of the various codes of the city. 54 (Ordinances/Chapter 10) (3) Subpoena alleged violators and witnesses to the hearing. Subpoenas may be served by any law enforcement officer of the city or as otherwise permitted by law. (4) Subpoena evidence to the hearings. (5) Take testimony under oath. (6) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance with city codes or ordinances. However, any orders that require the city to expend money or directs city employees to perform work, i.e., demolition or repair of a structure must be approved by the city manager or city council before becoming effective. Sec. 10-344. Enforcement procedures. (a) It shall be the duty of the code enforcement compliance officer to investigate complaints of violations of city codes and to initiate enforcement proceedings relative thereto. The CEB and the special magistrate shall not have any independent authority to conduct their investigation of such complaints or to initiate enforcement proceedings. (b) Except as provided in subsections (e) and (f), if a violation of a code is found, the code enforcement compliance officer shall notify the violator by issuing a notice of violation in accordance with the requirements of subsection 10-345(a). If, upon reasonable investigation, a code enforcement compliance officer has reasonable cause to believe the violation continues to exist beyond the time specified for correction in the notice, the code enforcement compliance officer shall issue a citation to the violator in accordance with the requirements of subsection 10- 345(c). (c) The violator may elect to pay the fine set forth in the citation at any time prior to the hearing. If the violator elects to pay the fine prior to the hearing, it will be deemed as an admission of the commission of the violation and an order may be issued by the beard CEB or the special magistrate to that effect. If the violator does not pay the fine set forth in the citation prior to the hearing, the matter will be heard before the beard CEB or the special magistrate. Further, if a violator fails to appear at the hearing to contest the violation, the violator shall be deemed to have waived his or her right to contest the violation. If the violation is correct and then recurs, or if the violation is not corrected by the time specified for correction in the notice of violation, the case may be presented to the beard CEB or the special magistrate even if the violation has been corrected prior to the hearing. (d) It is the responsibility of the violator to notify the city that the violation has been corrected. The violation will be deemed to have continued until the code enforcement compliance officer has determined that the violation has been corrected. (e) If a repeat violation is found, the code enforcement compliance officer shall notify the violator and advise him or her of the nature of the repeat violation, but is not required to give the violator a reasonable time to correct the repeat violation. The code enforcement compliance officer shall, upon notifying the violator of a repeat violation, issue a citation to the violator in accordance with the requirements of subsection 10-345(c). The violator may elect to pay the fine at any time prior to the hearing. However, the case may be presented to the beard CEB or the special magistrate even if the repeat violation has been corrected prior to the hearing and the beard CEB or the special magistrate may determine and impose, as costs against the violator, reasonable enforcement fees incurred by the city. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the board CEB or the special magistrate. The beard CEB or the special magistrate shall also have the authority to levy a per day fine beginning on the day that the violation was first observed by the code enforcement compliance officer. 55 (Ordinances/Chapter 10) (f) If a code enforcement compliance officer has a reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, a code enforcement compliance officer shall make a reasonable effort to notify the violator of the same and may immediately issue a citation and schedule the matter for a hearing before the board CEB or the special magistrate. (g) If the owner of the property which is subject to enforcement proceeding before the beard CEB or the special magistrate transfers ownership of such property between the time the notice of violation was served and the time of the hearing before the beard CEB or the special magistrate, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (2) Deliver to the prospective transferee a copy of the notices, citations, and other materials relating to the code enforcement proceeding received by the transferor. (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (4) File a notice with the code enforcement compliance officer of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of transfer (h) A failure to make the disclosures described in subsections (1), (2) and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing before the beard CEB or the special magistrate, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. (i) Each day that a violation exists shall constitute a separate violation for the purpose of assessing a fine by the beard CEB or the special magistrate. (j) All fines imposed pursuant to this article shall be paid to the city through its finance department and shall be paid by cash or check with coins only being accepted for any amounts which may require change to pay the exact amount. Sec. 10-345. Notice of violations; repeat violators; citations. (a) Notice of violation. Prior to issuing a citation, a code enforcement compliance officer shall provide notice to the person that the person has committed a violation of a code and advise him or her of the nature of the violation and shall give the violator a reasonable time to correct the violation. Such reasonable time period shall be no more than thirty (30) days. However, a fire safety inspector as that term is defined in Section 633.052, Florida Statutes, shall provide the violator a minimum time period of forty-five (45) days to correct the violation except for major structural changes, which may be corrected within an extended adequate period of time. A safety violation as per Florida Fire Prevention Code may be ordered to comply in less than forty-five (45) days_ (b) Repeat violators. A code enforcement compliance officer does not have to provide a repeat violator with a reasonable time period to correct a repeat violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found to exist or if there is reason to believe that the violation presents a serious threat to the public health, safety or welfare or if the violation is irreparable or irreversible. (c) Citations. A citation issued by a code enforcement compliance officer shall be in the form prescribed by the city and shall contain: (1) The date and time of issuance of the citation. 56 (Ordinances/Chapter 10) (2) The name and address of the person, if known, to whom the citation is issued. (3) The date and time the violation was first observed. (4) The section of the code that has been violated and a description of the nature of the violation. (5) The applicable civil fine as prescribed in section 10-348. (6) The necessary corrective action. (7) The name, work phone number and work address of the code enforcement compliance officer. (8) That it is the responsibility of the person to contact the city for an inspection when the violation is corrected and that the violation will be deemed to be in existence until the code enforcement compliance officer determines that the violation has been corrected. (9) The procedure for the person to follow in order to pay the applicable civil fine or to contest the citation; and, that if the person elects to pay the fine, it will be deemed as an admission of the commission of the violation. (10) That if the person fails to pay the fine, the violation will be heard before the Beard CEB or the special magistrate and the date, time, and place that said hearing will be conducted. (11) A conspicuous statement that if the person fails to appear at the hearing to contest the violation, the person shall be deemed to have waived his or her right to contest the violation and that, in such case, an order may be entered against the person for an amount up to the maximum civil fine in accordance with section 10-348. (d) After issuing a citation to an alleged violator, the code enforcement compliance officer shall deposit the original citation in a file for the beard CEB or the special magistrate and shall deposit one copy thereof with the city clerk's office city's finance director. Sec. 10-346. Conduct of hearing. (a) Hearings shall be held once a month, but may be held more or less often as the demand necessitates. Minutes shall be kept of all hearings and all such hearings shall be open to the public. The city manager or his designee shall provide clerical and administrative personnel as may be reasonably required for the proper performance of his or her duties. At any hearing, the beard CEB or the special magistrate may continue any matter to a future hearing date. (b) Each case before the board shall be presented by a code enforcement compliance officer, a member of the city administrative staff, the city attorney, any assistant city attorney or any special counsel. If the city prevails in prosecuting a case before the board, it shall be entitled to recover all costs incurred in prosecuting said case and such costs may be added to the fine and become part of any lien authorized under section 10-347. (c) The beard CEB or the special magistrate shall proceed to hear the cases on the agenda for the respective hearing. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, however, fundamental due process shall be observed and shall govern all proceedings. Both the City and the alleged violator shall have the right to subpoena witnesses to testify at the hearing. (d) At the hearing, the beard CEB or the special magistrate shall advise the alleged violator of the section of the code of which he or she is accused of violating and the nature of the violation. The beard CEB or the special magistrate shall first seek to determine whether or not the alleged violator admits the violation. If the alleged violator admits the violation, the beard CEB or the special magistrate shall hear such testimony and evidence as he or she deems necessary to determine the extent of the violation and appropriate fine amount. If the alleged violator denies that a violation has occurred, the beard CEB or the special magistrate shall hear first from the city and any city witnesses and evidence, and the alleged violator shall have the 57 (Ordinances/Chapter 10) right to cross-examine city witnesses. At the close of the presentation of the city's case against the alleged violator, the alleged violator shall be permitted to present his or her evidence, testimony of other witnesses and his or her own testimony in his or her defense. The city shall have the right to cross-examine the alleged violator and his or her witnesses. The city shall have the burden of proving the violation by a preponderance of the evidence. (e) At the conclusion of the hearing, the beard CEB or the special magistrate shall issue findings of fact based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order may include a notice that it must be complied with by a specified date, that a fine may be imposed for noncompliance, and the cost of repairs may be included along with the fine under the conditions specified in section 10-347 if the order is not complied with by the prescribed date. A certified copy of such order may be recorded in the public records of Volusia County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded and the order is complied with by the date specified in the order, the city shall record an order acknowledging compliance of the code violation and satisfaction of the fine. A hearing is not required for the issuance of such an order acknowledging compliance. (f) In addition to the provisions of subsection (e) of this section, in cases involving a criminal street gang, a drug-related, or a prostitution-related public nuisance, a special magistrate may declare the place or premises to be such a public nuisance, as defined in this article, and may enter an order requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance or may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or (3) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. (g)An order entered under this subsection (f) shall expire after one (1) year or at such earlier time as may be stated in the order. (h) An order entered under this subsection (f) may be enforced pursuant to the procedures contained in F.S. § 120.69. This subsection shall not be construed as subjecting the city or special magistrate to any other provision of F.S. Ch. 120. Sec. 10-347. Administrative fines and liens. (a) Order imposing fine. The beard CEB or the special magistrate, upon notification by a code enforcement compliance officer that a previous order of a beard CEB or the special magistrate has not been complied with by the prescribed time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this article for each day the violation continues past the date set by the board for compliance; or in the case of a repeat violation, for each day the repeat violation continues to exist, beginning with the date the repeat violation is found to have occurred by the code enforcement compliance officer. Further, if the violation is a violation described in subsection 10-344(f), the bead CEB or the special magistrate shall notify the city manager or city council, which may authorize and take make all reasonable remedial actions repairs that are required to bring the property into compliance, and the reasonable cost of those remedial actions repairs may be charged against the violator along with any fine imposed pursuant to this article. Taking Making such remedial actions repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any 58 (Ordinances/Chapter 10) damages to the property if such remedial actions repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the board CEB or the special magistrate finds a violation to be irreparable or irreversible in nature, the board CEB or the special magistrate may order the violator to pay a fine as specified in subsection (b). (b) Amount of administrative fine. The CEB or the special magistrate board may impose the applicable civil fine prescribed in section 10-348 or may determine and impose a fine up to the maximum amount described in this subparagraph as provided below: (1) A fine imposed pursuant to this section shall not exceed $250.00 per day for the first violation and shall not exceed $500.00 per day for a repeat violation and, in addition thereto, may include all costs of remedial repairs pursuant to subsection (a). However, if the beard CEB or the special magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (2) In determining the amount of the fine, if any, the beard CEB or the special magistrate shall consider the following factors: a. The gravity of the violation. b. Any actions taken by the violator to correct the violation; and c. Any previous violations committed by the violator. (3) Each day a violation exists shall constitute a separate violation for the purpose of assessing such a fine. (c) Reduction of the fine. Once a violation has been brought into compliance, the beard City Manager or his/her designee may reduce any fine imposed pursuant to this article however, said reduction shall not be less than the costs and expenses incurred by the City. Only the City Manager may reduce any fine imposed pursuant to this article less than the costs and expenses incurred by the City. (d) Lien for unpaid fine. A certified copy of the order imposing fine or a fine plus repair costs, may be recorded in the public records of Volusia County and shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including execution any levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this article, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city and the city manager may authorize the execution of a satisfaction and release of lien entered pursuant to this article. After three months from the filing of any such lien which remains unpaid, the city may authorize the city attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real property that is homestead under section 4, article X of the Florida Constitution. (e) Fee for lien inquiry/report. A fee shall be charged per parcel of property for searching the city's official records and producing a city lien inquiry/report. Said fee shall be established and modified from time to time as needed by resolution of the city council. Said report shall contain all code enforcement, special assessment and any and all other city liens on the property that are reasonably ascertainable by search of the city's official records. The form of the report shall be in the manner prescribed by the city manager or his/her designee. A copy of the report shall be filed with the finance department. 59 (Ordinances/Chapter 10) Sec. 10-348. Classification of violations and a schedule of civil fines, penalties and/or costs. The city hereby authorizes and provides for classifications of violations and a schedule of corresponding civil fines, penalties and/or costs to be established and modified from time to time, as needed by resolution of the city council Sec. 10-349. Notices. (a) All notices required by this article shall be provided to the alleged violation violator by: (1) Certified mail, return receipt requested to the address listed in the tax collector's assessor's office for tax notices or to the address listed in the county property appraiser's database. The City may also provide additional notice to any address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing notice may be provided by posting as described in subsection(b)(2) or; (2) By hand delivery by the sheriff or other law enforcement officer, or code enforcement compliance officer;.-or (3) By leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (4) In the case of commercial property, leaving the notice with the manager or other person in charge. Further, in the event notice is provided by certified mail, return receipt requested and (b) In addition to providing notice as set forth in subsection (a) notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Volusia County. The newspaper shall meet such requirements as are prescribed under F.S. chapter 50 for legal and official advertisements. Proof of publication shall be made as provided in F.S. §50.041 and§50.051. (2) In lieu of publication as described in paragraph (b)(1), such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at city hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or requirements of this section having been met, without regard to whether or not the alleged violator actually received such notice. (c) The provisions of this section shall not apply to the enforcement, pursuant to F.S. *§553.79 and §553.80, as amended from time to time, of the building codes adopted pursuant to F.S. §553.73 as they apply to construction, provided that a 60 (Ordinances/Chapter 10) building permit is either not required or has been issued. For purpose of this section, building codes mean only those codes adopted pursuant to F.S. §533.73. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or posting as provided in subsection (b), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Sec. 10-350. Appeals. Except as otherwise provided herein, an aggrieved party, including the city, may appeal a final administrative order of the board by certiorari to the Circuit Court of Volusia County. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the code enforcement board or special magistrate. An appeal shall be filed within 30 days for the execution of the order to be appealed. Article XXVIII. Property Maintenance Nuisance and Abatement Sec. 10-400. Property maintenance nuisance conditions; abatement; notice and hearing; lien for expenses. (a) It is declared by the city council that the following shall each individually or in combination be a property maintenance nuisance when they exist upon any right- of-way, parcel, lot, lots, adjacent lots, or property: 1. Any dead, damaged or diseased tree, located within 35 feet of any public roadway, public or private sidewalk that is adjacent to a public roadway, or any developed property when the tree has been declared a hazard by a code enforcement officer or an arborist. 2. Grass, weeds, brush and undergrowth (specifically excluding trees, planted ornamental shrubs and saw palmettos) that are allowed to reach a height in excess of 12 inches on an improved or developed lot, which impair or may impair the economic welfare of the adjacent property, contribute to a fire hazard and/or create a health hazard when any part of those growths are located on any lot adjacent to the boundary of any developed lot. 3. Accumulation of waste, yard trash, or rubble and debris that may harbor rodents or snakes or that may contain pools of water that may serve as breeding grounds for insects or other disease transmitters. (b) If the Code Enforcement Officer determines that a property maintenance nuisance exists on any lot, tract, or parcel of land within the city, the Code Enforcement Officer shall provide notice to the violator. The notice shall have the following information: 1. The name and address of the property owner. 2. The location of the property maintenance nuisance. 3. The date and time the property maintenance nuisance notice was issued. 4. The date and time the property maintenance nuisance was first observed. 5. The section of the code that has been violated and a description of the nature of the property maintenance nuisance. 6. Necessary corrective action. 7. The name and contact information of the Code Enforcement Officer issuing the notice. 61 (Ordinances/Chapter 10) 8. The date in which the violation must be corrected. The violator has 10 business days to correct the property maintenance nuisance from the date the notice was issued as outlined in section 10-400(c). 9. A conspicuous statement that the city will correct the property maintenance nuisance and shall place a lien against the property for all cost incurred if the violation isn't corrected or a request for a hearing isn't received by the indicated date on the notice. (c) All property maintenance nuisances notices required by this article shall be provided to the alleged violator by: 1. Certified mail, return receipt requested to the address listed in the tax collectors office for tax notices, or to the address listed in the county property appraiser's database. The City may also provide additional notice to any address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. The code enforcement officer shall post a copy of the notice of property maintenance nuisance at the property upon which the violation is alleged to exist and at city hall. Proof of posting shall be by affidavit of the person posting the notice; or 2. By hand delivery by the code enforcement officer; or 3. In the case of commercial property, leaving the notice with the manager or other person in charge. (d) Evidence that an attempt has been made to hand deliver or mailing notice and posting shall be sufficient to show that the notice requirements have been met, without regard to whether or not the alleged violator actually received such notice. (e) If the owner does not correct the condition and does not request a hearing within the ten-day period, the city shall have the condition abated and shall have a lien against the property for cost incurred. (f) If a hearing is requested, it shall be held before the Citizens Code Enforcement Board or a Special Magistrate. The issues to be determined shall be whether the condition that exists constitutes a property maintenance nuisance as outlined in section 10-400(a). Upon appropriate findings, the Citizens Code Enforcement Board or a Special Magistrate shall direct the owner of the property to correct the nuisance conditions within ten days, after which the city shall correct the nuisance conditions and shall have a lien against the property for all cost incurred. (g) Costs shall include the cost of correcting the violation, together with any other expenses, which the city has incurred. Sec. 10-401. Imminent health hazards on private property. When an imminent health hazard exists on private property, the city is authorized to enter the private property and remove the imminent health hazard after all reasonable efforts have been made to contact the owner. The owner shall be responsible for any costs incurred by the city for abatement of the hazard, and a lien shall be imposed on the property in accordance with section 10-347. Sec. 10-402. Alternate method of enforcement. It shall be unlawful for any person owning property in the city to allow a lot to exist in a property maintenance nuisance condition as described in the article. As an alternative to the procedures of this article at the option of the Code Enforcement Officer, violations of this article may be enforced by article XXVII or any other means available as provided by city ordinance or by law. 62 (Ordinances/Chapter 10) Secs. 10-403— 10-499. Reserved. Article XXVIV. Maintenance Of Commercial Properties Sec. 10-500. - Minimum standards. The minimum standards for the maintenance of commercial properties are as follows: (1) All buildings and walls shall present a neat and clean appearance and be free of all peeling paint, mildew, rust, graffiti, dirt, and deteriorated or mismatched roofing material. (2) Nonfunctional elements on any building, structure, or premises, such as unused sign poles, brackets, empty electrical conduit, etc., shall be removed and the remaining surface shall, if damaged, be repaired or rebuilt to match adjacent surfaces and to the original condition. All loose wires and/or conduits shall be secured. (3) Awnings shall be properly maintained and present a neat and clean appearance. Awnings shall be deemed as non-maintained if any part thereof is broken, tattered, torn, faded, or otherwise in disrepair. (4) All roofs, gutters, and downspouts shall be maintained to prevent damage to the structure and adjoining properties. (5) All parking areas shall be kept free of weeds, trash and debris. Potholes and broken pavement shall be repaired. Paving and striping shall be maintained to a neat and clean appearance. (6) Landscaping shall be maintained in a healthy condition, including but not limited to, sufficient watering and trimming. Landscaping shall be reasonably free of weeds and foreign matter. (7) All grass covered areas shall be maintained in a healthy condition, including but not limited to, sufficient watering and maintenance as outlined in Section 10-98. (8) The premises shall be free of any condition that tends to or could hamper or interfere with the suppression of fire or the use of emergency vehicles upon the premises or adjacent premises. (9) All retaining walls, nonstructural walls, dumpster enclosures, fences, lighting devices and supports and outdoor seating areas shall be maintained to a neat, clean, and functioning condition with a clean appearance. Secs. 10-501 - 10-599. Reserved. 63 (Ordinances/Chapter 10) gb AGENDA REQUEST Date: May 21, 2014 PUBLIC HEARING June 2, 2014 RESOLUTION June 2, 2014 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution 2014-R-13; Approving the Mid Year Amended Budget for Fiscal Year 2013-2014. BACKGROUND: The City Manager performed an extensive midyear review of the revenue and expenditure figures for each fund to compare the current amounts with the amount budgeted; and the City Council of the City of Edgewater amends the Fiscal Year 2013-2014 budget by revising the budget in total to $37,379,242 pursuant to itemizations contained in Exhibit"A" of the resolution. STAFF RECOMMENDATION: Staff recommends City Council approve Resolution 2014-R-13 herein referred to as the Mid Year Amended Budget for Fiscal Year 2013—2014. ACTION REQUESTED: Motion to approve Resolution 2014-R-13 herein referred to as the Mid Year Amended Budget for Fiscal Year 2013—2014 and authorization to procure all items detailed in the mid year budget that are$50,000 or less in accordance with the Purchasing Policy. 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: I , Jo "McKinney Robin L. Matusick Finance Director Paralegal Tracey . Barlow City M. ager RESOLUTION 2014-R-13 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING MID YEAR YEAR BUDGET ADJUSTMENTS TO THE 2013-2014 FISCAL YEAR BUDGETS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, by Resolution 2013-R-23, adopted an operating budget for Fiscal Year 2013-2014; and WHEREAS, the City Manager performed an extensive midyear review of the revenue and expenditure figures for each fund to compare the current amounts with the amount budgeted; and WHEREAS, the midyear budget adjustments increase revenues and expenditures in total by $1,097,154; and WHEREAS, the midyear budget adjustments will allow the City of Edgewater to adjust the Fiscal Year 2013-2014 budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Section 1. Midyear Budget Adjustment: The City Council of the City of Edgewater amends the Fiscal Year 2013-2014 budget by revising the budget in total to $37,379,242 pursuant to itemizations contained in Exhibit "A" which is attached hereto and incorporated herein. Section 2. Effective Date. This Resolution shall become effective immediately upon passage and adoption. After motion to approve was made by with Second by . The vote on this resolution is as follows: AYE NAY Mayor Mike Thomas Councilman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 2"d day of June, 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 Edgewater at a meeting held on this 2nd day and legality by: of June, 2014 under Agenda Item No. . Aaron R. Wolfe, Esquire Doran, Sims, Wolfe, &Kundid City Attorney MID YEAR AMENDED FY 2013 - 2014 BUDGET REVENUES AND EXPENSES FY 2013 -2014 REVENUES EXPENDITURES VARIANCE UNRESERVED 001 -GENERAL FUND $ 13,241,922 $ 13,241,922 $ - $ 125,679 113-LAW ENFORCEMENT BLOCK $ 3,356 $ 3,356 $ - 114-GRANTS FUND $ 224,000 $ 224,000 $ - 115-SPECIAL LAW ENFORCEMENT TRUST FUND $ 18,000 $ 18,000 $ - 116-TRANSPORTATION IMPACT FEE $ 301,188 $ 301,188 $ - 117- POLICE IMPACT FEE FUND $ 151,000 $ 151,000 $ - 118- FIRE IMPACT FEE FUND $ 21,750 $ 21,750 $ - 119- RECREATION IMPACT FEE $ 61,272 $ 61,272 $ - 120-SCHOLARSHIP FUND $ 8,500 $ 8,500 $ - 205- I & S DEBT SERVICE FUND $ 418,946 $ 418,946 $ - 331 -CAPITAL PROJECTS FUND $ 747,643 $ 747,643 $ - 440-WATER&SEWER $ 9,066,019 $ 9,066,019 $ - $ (27,720) 442-WATER DEVELOPMENT $ 430,000 $ 430,000 $ - 443-SEWER DEVELOPMENT $ 295,000 $ 295,000 $ - $ (22,787) 444- RENEWAL& REPLACEMENT $ 1,381,991 $ 1,381,991 $ - 445-WATER&SEWER RATE STABILIZATION $ 62,789 $ 62,789 $ - 447- REFUSE $ 2,832,379 $ 2,832,379 $ - 448-STORMWATER OPERATING $ 2,197,030 $ 2,197,030 $ - 449-STORMWATER CAPITAL $ 839,560 $ 839,560 $ - 450- PUBLIC WORKS COMPLEX $ 950,000 $ 950,000 $ - 501 - MIS $ 559,453 $ 559,453 $ - 502- FLEET $ 907,661 $ 907,661 $ - 503- LOSS FUND $ 322,795 $ 322,795 $ - 504- FULLY INSURED INSURANCE $ 2,085,837 $ 2,085,837 $ - 505-WORKERS COMPENSATION $ 251,151 $ 251,151 $ - TOTAL ALL FUNDS $ 37,379,242 $ 37,379,242 $ - FY13-14 REQUESTED MID YEAR ADJUSTMENTS REVENUES AND EXPENSES CHANGES FY 2013 - 2014 REVENUES 001 -GENERAL FUND $ 13,141,722 001-0000-313-10.10 Franchise Fees (20,000) 001-0000-314-10.10 Utility Tax 100,000 001-0000-314-10.15 Recording Fees 2,000 001-0000-342-60.20 Transport EMS (80,000) 001-0000-347-21.10 Baseball (9,000) 001-0000-349-45.01 Economic Dev 20,000 001-0000-361-10.10 Interest 20,000 001-0000-361-11.10 Investment Returns 10,000 001-0000-364-42.10 Insurance Proceeds 40,000 001-0000-369-90.10 Misc 17,200 $ 13,241,922 EXPENDITURES 001 -GENERAL FUND $ 13,141,722 001-1240-512-12.10 Salaries (20,000) 001-1240-512-22.10 Pension (31,359) 001-1240-512-22.20 DOSE 1,000 001-1240-512-48.10 Promotional 1,000 001-1240-512-51-10 Office Supplies 1,000 001-1240-512-52.10 Operating 2,000 001-1300-513-12.10 Salaries 7,900 001-1300-513-22.10 Pension (27,720) 001-1300-513-22.20 DOSE 1,300 001-1300-513-52.10 Operating 1,500 001-1510-515-31.10 Professional (15,000) 001-1530-515-12.10 Salaries 15,000 001-2110-515-12.10 Salaries (5,000) 001-2110-515-22.10 Pension (10,000) 001-2110-515-40.10 Travel 800 001-2110-515-46.10 Repair 200 001-2110-515-51-10 Office Supplies 1,000 001-2120-521-12.10 Salaries (25,000) 001-2120-521-22.10 Pension (75,000) 001-2120-521-40.10 Travel 1,500 001-2120-521-46.10 Repairs 6,500 001-2120-521-52.30 Unforms (10,000) 001-2220-522-12.10 Salaries (80,000) 001-2220-522-23.20 Group Medical (8,150) 001-2220-522-34.10 Contractual 8,150 001-2230-522-12.10 Salaries (20,000) 001-2230-522-22.10 Pensions (5,394) 001-2230-522-22.20 DOSE 500 001-2230-522-31.10 Professional (2,500) 001-5555-580-46.10 Repairs 25,000 001-5555-580-22.10 Pensions 31,359 001-5555-580-52.10 Operating Supplies 8,000 001-5555-580-63.10 Capital Improve 4,412 001-5555-580-64.20 Motor Vehicles Fire Engine equipment 2,598 Police Interceptor 36,700 Police Interceptor 36,700 CID Admin 27,104 001-5555-581-03.31 Hawks Park Exp 15,000 001-5555-581-05.01 Transfer to IT 73,421 001-5555-589-10.01 Current Year UnReserved 125,679 $ 13,241,922 FY13-14 REQUESTED MID YEAR ADJUSTMENTS REVENUES AND EXPENSES CHANGES FY 2013 - 2014 REVENUES 331 - General Construction $ 684,873 331-0000-381.10-01 Transfer from General Fund Flagler Ave Sidewalks (25,000) Kennedy Seawall (15,000) US 1. Landscaping 40,000 Hawks Park Exp 15,000 15,000 331-0000-381-01.16 Transfer from Sidewalk Fund Cemetary Sidewalk 35,770 331-0000-381-01.19 Transfer from Rec Impact Fee Hawks Park Exp 12,000 $ 747,643 Expenditures 331 - General Construction 684,873 331-5555-580-66.10 Infrastructure Flagler Ave Sidewalks (25,000) Kennedy Seawall (15,000) US 1. Landscaping 40,000 Cemetary Sidewalk 35,770 Hawks Park Exp 27,000 62,770 $ 747,643 Expenditures 116 -Transportation Impact Fees $ 301,188 116-5555-581-03.31 Transfer to 331 Cemetary Sidewalk 35,770 116-5555-589-10.01 Current Year Reserve (35,770) 301,188 Revenue 119 - Recreation Impact Fee $ 60,000 119-0000-363-60.10 Impact Fees 1,272 $ 61,272 Expenditures 119 - Recreation Impact Fee $ 60,000 119-5555-581-03.31 Transfer to 331 Hawks Park Expansion 12,000 119-5555-589-10.01 Current Year Reserve (10,728) 61,272 FY13-14 REQUESTED MID YEAR ADJUSTMENTS REVENUES AND EXPENSES CHANGES FY 2013 -2014 Expenditures 440 -Water& Sewer $ 9,066,019 440-4040-535-34.10 Other Contracted 125,000 440-4040-535-46.10 Repair and Maintenance (125,000) 440-5555-580-22.10 Pensions 27,720 440-5555-589-10.01 Current Year Unreserved (27,720) $ 9,066,019 Expenditures 443-Sewer Development Fees $ 295,000 443-5555-581-04.44 Transfer to R&R 22,787 443-5555-589-10.01 Current Year Unreserved (22,787) $ 295,000 Revenes 444-Water& Sewer R&R $ 522,500 444-0000-384-01.00 SRF Proceeds 836,704 444-0000-381-04.43 Sewer Development Fees 22,787 $ 1,381,991 Expenditures 444-Water& Sewer R&R $ 522,500 444-5555-580-63.40 Projection Construction (Reduced by$80,424) 319,243 444-5555-580-63.41 Project Engineering 259,920 444-5555-580-63.42 Direct Material Purchase 257,541 444-5555-580-64.10 Machinery Chemical Feed Pumps (22,500) Sludge Roof 15,565 Water line improvements (13,065) Water Plant Roof over 18,000 Lab Equipment 24,787 22,787 $ 1,381,991 FY13-14 REQUESTED MID YEAR ADJUSTMENTS REVENUES AND EXPENSES CHANGES FY 2013 -2014 501 - Information Technology $ 486,032 501-0000-381-10.01 General Fund Transfer 73,421 $ 559,453 Expenditures 501 - Information Technology $ 486,032 501-1302-513-12.10 Salaries 14,808 501-1302-513-21.10 FICA/Medicare 3,000 501-1302-513-22.20 DOSE 5,500 501-1302-513-23.20 Group Medical 3,664 501-1302-513-34.10 Professional Services 46,449 501-1302-513-46.20 Repair 4,000 501-1302-513-52.10 Operating (4,000) $ 559,453 ion. AGENDA REQUEST Date: May 20, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS June 2, 2014 ITEM DESCRIPTION: Renewal of Volusia County Cooperation Agreement for CDBG and Home community development and housing assistance. BACKGROUND: The County of Volusia Community Assistance Division invites the City of Edgewater to continue to participate in the Volusia Urban County Community Development Block Grant (CDBG) Program for Federal FY2015, FY2016 and FY2017 appropriations. Volusia County may not undertake essential community development and housing assistance in units of local government in the County without the consent of the participating jurisdiction's governing body. The Cooperation Agreement includes an automatic renewal clause. STAFF RECOMMENDATION: Staff recommends approval of this Cooperation Agreement between the County and the City ACTION REQUESTED: Motion to authorize the Mayor to execute the Renewal of the Volusia County Cooperation Agreement for Federal FY2015, FY2016 and FY2017, Community Development Block Grant and HOME Investment Partnership Program. FINANCIAL IMPACT: (FINANCE DIRECTOR) Budget GL # (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Res•ectfly submitted, Concurrence: or 7/1 _ rathan C. McKinney Robin L. Ma usick Finance Director Paralegal racey =arlow City .nager Volusia County FLORIDA May 2, 2014 Mr. Tracey Barlow, City Manager City of Edgewater P.O. Box 100 Edgewater, FL 32132 Subject: Renewal of Volusia County Cooperation Agreement FY 2014/15, 2015/16, and 2016/17, Community Development Block Grant, HOME Investment Partnership Program (HOME) REVISION II:Change highlighted in red Dear Mr. Barlow: The County of Volusia Community Assistance Division invites the to continue to participate in the Volusia Urban County Community Development Block Grant (CDBG) Program for Fiscal Years 2015/16, 2016/17, and 2017/18. Volusia County may not undertake essential community development and housing assistance in units of local government in the County without the consent of the participating jurisdiction's governing body. In this instance, the consent required is the signature of the Volusia Urban County Cooperation Agreement approved by Volusia County Council on May 1, 2014. The Cooperation Agreement includes an automatic renewal clause. If the City elects to not sign the new agreement, and terminate the existing agreement at the end of the current period expiring on September 30, 2014, the City must notify Volusia County Community Assistance and the U.S. Department of Housing and Urban Development (HUD) of their intent to do so, in writing, by June 20, 2014. HUD correspondence should be addressed to: Mr. Gary Causey, Director Community Planning and Development U.S. Department of Housing and Urban Development Jacksonville Field Office 400 W. Bay Street, Suite 1015 Jacksonville, FL 32202 110 West Rich Avenue Deland,FL 32720.4213 Tel: 386-736-5955 386.254.4648 386.423.3375 Fax: 386.943.7011 www.volusia.org if the City elects to continue participation in the urban county CDBG program, please sign and return the three attached agreements no later than June 15, 2014 to: Diana Phillips, Housing and Grants Manager Community Assistance Division 110 W. Rich Avenue DeLand, FL 32720 To ensure full understanding of your rights, and in accordance with the requirements of HUD, we wish to again advise you of the following: The Housing and Community Development Act of 1974, as amended, provides that the population of all units of general local government included in an Urban County at qualification shall be included in the population of such Urban County for three (3) consecutive years. 1. During the three (3) year qualification period and while the city is part of the urban county, included units of local government are not eligible to apply for grants under the Small Cities or State CDBG Programs. 2. If the city chooses to remain with the urban county, it is also a participant in the HOME program if the urban county receives HOME funding and may only receive a formula allocation under the HOME program as part of the urban county, although this does not preclude the urban county or a unit of government within the urban county from applying to the State for HOME funds, if the State allows. 3. if the city chooses to remain with the urban county, it is also a participant in the ESG program if the urban county receives ESG funding and may only receive a formula allocation under the ESG program as part of the urban county, although this does not preclude the urban county or a unit of government within the urban county from applying to the State for ESG funds, if the State allows. 4. Units of local government may elect to be excluded from the Urban County by notifying both Community Assistance and HUD in writing by June 20, 2014. Such election to be excluded will be effective for the entire three (3) year qualification period, Fiscal Years 2015/16, 2016/17 and 2017/18. Please contact me with any questions you may have. Sincerely, QVQ. Q-d/-tfc Diana Phillips, Manager Housing and Grants Administration CC: Malecia Harris, City of Edgewater COOPERATION AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT THIS AGREEMENT, is hereby entered into this 2nd day of May, 2014, by and between the City of Edgewater, with its administrative offices located at 104 Riverside Drive, Edgewater, FL 32132 — P.O. Box 100 Edgewater, FL 32132 - ("City") and the County of Volusia ("County"), with its administrative offices located at 123 W. Indiana Avenue, DeLand, FL 32720. WITNESSETH: WHEREAS, the Housing and Community Development Act of 1974, as amended (24 USC § 93-383 et seq.) ("Act") provides that Community Development Block Grant ("CDBG") funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low and moderate income; and WHEREAS, CDBG regulations allow urban counties to enter into cooperation agreements with certain units of local government to undertake or assist in undertaking essential activities pursuant to the Community Development Block Grant program; and WHEREAS, the County receives Community Development Block Grant Entitlement Program and HOME Investment Partnership funds; and WHEREAS, the cooperation of the municipality with the County is essential for the successful planning and carrying out of local Community Development and HOME Programs; and NOW, THEREFORE, the parties hereto do mutually agree as follows: I. PURPOSE. This Agreement covers the CDBG Entitlement program and, where applicable, the HOME Investment Partnership (HOME) and Emergency Solution Grants (ESG) Programs (i.e., where the Urban County receives funding under the ESG program, or receives funding under the HOME program as an urban county or as a member of a HOME consortium). II. GENERAL. 1. The City hereby authorizes the County to include its population in the County's Community Development Block Grant and HOME application to the U.S. Department of Housing and Urban Development for Federal Fiscal Years 2015, 2016, and 2017 appropriations. Further, the City and the County understand that: 1 a. This agreement will automatically renew for participation in successive three (3) year qualification periods, unless the County or City provides written notice it elects not to participate in the new qualification period; and b. If the County or the City elects not to participate in a new qualification period, the County or City making such election shall timely provide a copy of such written notice to the HUD Field Office. c. By the date specified in HUD's urban county qualification notice for the next qualification period, the County will notify the City in writing of its right not to participate, and a copy of the County's notification to the City shall be sent to the HUD Field Office by the date specified in the urban county qualification schedule in Section II. of CPD Notice 14-07 or such other Section of a subsequent CPD Notice as may supersede Notice 14-07 at the time the County is required to provide such written notice to the City; and d. The parties agree that in order for this agreement to comply with applicable HUD regulations, each party must adopt any amendment to this agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period. The parties further agree that such amendment must be submitted as provided in the applicable urban county qualification notice, and that failure to comply with such requirement will void the automatic renewal of such qualification period. 2. This agreement shall remain in effect until the Community Development Block Grant (and, where applicable, HOME and ESG) funds and program income received with respect to activities carried out during the three (3) year qualification period, including any successive qualification periods, are expended and the funded activities are completed. The County and City may not terminate or withdraw from this agreement while the agreement remains in effect. 3. Pursuant to the use of the Community Development Block grant and HOME funds, if any, to be received by the County, the County may carry out HOME and Community Development programs in accordance with the approved Consolidated Plan, and/or meet other requirements of the Community Development Block Grant and HOME Programs in addition to other applicable laws. 4. The City agrees to allow the County to perform those certain community development and housing assistance activities authorized by and specified in the Housing and Community Development Act of 1974 and HOME Investment Partnership Act as Federal funds are available to the County for that purpose within the territorial boundaries and limits of the City and agrees to cooperate with the County to the extent necessary under said Act to enable the County to perform those activities. By executing this Agreement, the City understands and acknowledges that the City: 2 a. May not apply for grants from appropriations under the State CDBG Program for fiscal years during the period in which it participates in the Urban County's CDBG Program; and b. May receive a formula allocation under the HOME Program only through the Urban County. Thus, even if the Urban County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other units of local government. (Note: This requirement does not preclude the Urban County from applying to the state for HOME funds, if the state allows.) c. May receive a formula allocation under the ESG Program only through the Urban County. (Note: This requirement does not preclude the Urban County or a unit of government participating with the Urban County from applying to the state for ESG funds if the state allows.) 5. The City will cooperate with the County to the fullest extent practical in the planning and carrying out of Community Development programs, and the County will ensure that the City's citizens and its local Chief Executive have direct and frequent access to and influence on the process by which decisions are made concerning Community Development programs which either directly or indirectly affect the City. The City agrees that the County shall have final responsibility for selecting activities and annually submitting the Consolidated Plan to HUD. 6. The County shall, through the use of Community Development funds, provide the staff resources and other services necessary for planning and administering Community Development programs on behalf of the City. 7. The County is authorized to withhold a reasonable and customary portion of Community Development Block Grant funds for the purpose of planning and administering of Community Development programs. 8. Pursuant to 24 CFR 570.501(b) the City and agencies thereof are subject to the same requirements applicable to subrecipients, including the requirements of a written agreement set forth in 24 CFR 570.503.. 9. The County and the City shall take all actions necessary to assure compliance with the Urban County's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing. Both parties shall also comply with section 109 of Title I of the Community Housing and Community Development Act of 1974, which incorporates section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and all other applicable laws and regulations. 10.The City and County agree that the affirmative furtherance of fair housing within their respective jurisdictions and the County's compliance with its fair housing 3 certification, are absolute prerequisites to the receipt of Urban County CDBG funding for activities in or in support of the City. Urban County funding will not be provided for activities in or in support of the City if the City does not affirmatively further fair housing within its jurisdiction or otherwise impedes the County's actions to comply with the County's fair housing certification. 11. Neither City nor County may terminate this Agreement prior to the end of the three (3) year funding period for which the County is seeking qualification as an Urban County, and shall extend over such period of time as may be necessary to cover all activities from project implementation to the final "close-out" audit. 12.The City has adopted and is enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within jurisdictions. 13.The City shall not obstruct or impede the implementation of the Consolidated Plan, and regardless of anything to the contrary that may be contained in this agreement, nothing in this agreement shall be interpreted or otherwise construed as allowing either party to veto, limit, or otherwise obstruct the implementation of the approved Consolidated Plan during the term of this agreement. 14.The County has final responsibility for selecting CDBG (and, where applicable, HOME and ESG) activities and submitting the Consolidated Plan to HUD, except that if the County is a member of a HOME consortium, the consortium shall be responsible for submitting the plan developed by the County. 15.The County and City or Town agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, including, but not limited to, urban renewal and publicly-assisted housing activities. 16.This agreement is authorized by the County Council and the City or Town of Edgewater, and each body authorizes its Chief Executive Officer to execute it. 17.This agreement has been drafted and designed with the intent of meeting and adhering to federal law and regulations as they pertain to the Community Development Block Grant entitlement program and shall be interpreted and construed in such a manner as to further the legal and policy goals of such program. Should any part of this agreement be invalidated or rendered a nullity by a court of competent jurisdiction, the surviving provisions of this agreement shall remain in full 4 force and effect to the extent it they allow feasible compliance with the applicable requirements of the CDBG entitlement program. 18. This agreement constitutes the complete and entire agreement between the parties, which agreement supersedes all proposals, oral or written, and all other communication between the parties related to the subject matter of this agreement.IN WITNESS WHEREOF, The City and the County have executed this Agreement as of the date first written above. CITY OR TOWN COUNCIL OR COMMISSION VOLUSIA COUNTY COUNCIL CHAIRPERSON OR MAYOR Jason P. Davis, CHAIR ATTEST: ATTEST: CITY MANAGER OR CLERK James T. Dinneen COUNTY MANAGER The terms and provision of this Agreement are fully authorized under applicable State and Local law and provide full legal authority for the County to undertake or assist in undertaking essential community renewal and lower income housing assistance activities, including urban renewal and publicly- assisted housing. COUNTY COUNSEL 5 ion AGENDA REQUEST C.A. #2014- RFP -14-ES-014 Date: May 5, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS June 2, 2014 ITEM DESCRIPTION: Design Build Covered Storage Area at the Waste Water Treatment Plant contract BACKGROUND: The City originally issued a Request for Proposals (RFP 14-ES-011) to design, build, and install a covered storage area for the sludge loading area at Waste Water Treatment Plant located at 409 Mango Tree Drive this project. No firms attended the mandatory pre-bid conference and the bid document specifications were modified to waive the mandatory attendance requirement. Only one proposal was received. To meet the intent of the City purchasing policy, the project was rebroadcast as RFP 14-ES- 014, with modified specifications. Although there were several firms in attendance at the pre-bid conference, again, only one proposal was received (by the same firm). Steelmaster Industries, Inc. was the sole respondent $55,565.00 STAFF RECOMMENDATION: The Evaluation Committee recommends that the City Manager be authorized to issue a purchase order with Steelmaster Industries, Inc., for the design, build, and installation of a covered storage area for the City of Edgewater Waste Water Treatment Plant 409 Mango Tree Drive. ACTION REQUESTED: Motion to authorize the City Manager to issue a purchase order with Steelmaster Industries, Inc. for the design, build, and installation of a covered storage area for the City of Edgewater Waste Water Treatment Plant at 409 Mango Tree Drive per the terms and conditions of RFP# 14-ES-014 and authorize the necessary budget amendment. FINANCIAL IMPACT: The sole proposal came in above the budgeted amount and will require a budget increase in the amount of$15,565.00. (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES X NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Resp-ctfullytubmitt-d, Concurrence: Jo han C. McKinney Robin L. Matusick F.'ance Director Paralegal Trace . Barlow City /anager STEELMASTER INDUSTRIES, INC P 0 BOX 116 / �WAVA��M��27 EDGEWATER, FL 32132 ////nN%M. All TEL(386) 345-0391 MAIIIAIAIAI FAX 386)345-2581 222'2'2'2'2'2' CBC040699 �0©00O Steelmaster Industries, Inc. has been building Central Florida for more than thirty years. We pride ourselves with being experts in all aspects of commercial construction specializing in design build construction;we have accomplished this by building lasting relationships with our clients,our employees,our vendors and our community. Perhaps the greatest testament to SMI's quality and service is the fact that 75%of our business is done with "repeat" clients. We are unique in that our competitive advantage lies in our ability to self- perform the structural elements of the project utilizing our own in house Concrete and Steel Divisions. At present we have thirty full time employees specializing in concrete and steel construction. Our Concrete Division uses the most current laser screed technology and multi-blade riding trowel machines. We have extensive experience in concrete form and placement; post—tension concrete construction; concrete tilt-wall design, construction and erection (including insulated tilt-walls). Our Steel Division utilizes our fabrication facility located in Southeast Volusia County, and we use our own heavy equipment for staging and erection. Our management staff has over 50 combined years of experience in steel fabrication services; structural steel erection;design and erection of pre-engineered metal buildings furnished by the various Metal Building Companies which we represent. The relationships we have built over the years with local architects, engineers,financial institutions, building officials, our suppliers and qualified like-minded sub-contractors has enabled us offer customers a reliable single source for all their shell construction needs. It is these relationships along with our experience and expertise that has allowed us to deliver a complete range-of building services while focusing attention to detail, scheduling, quality, budgets and customer satisfaction. We look forward to working with you. Sincerely, STEELMASTER INDUSTRIES, INC. Iarwin Schneider, President dschneider @steelmasterind.com STEELMASTER INDUSTRIES, INC P O BOX 116 ////////////// EDGEWATER, FL 32132 N//////// A/ Alr TEL(386)345-0391 / //// / / / / / / / / FAX 386) 345-2581 NNN N A N N N CBC040699 / / / / / / /O©.SEEMA 0©©O/ Projects of Similar Size and Scope Invacare Corporation 2101 Lake Mary Blvd Sanford, FL 32771 STEELMASTER INDUSTRIES,INC P 0 BOX 116 /OVA v//// EDGEWATER, FL 32132 /////////� TEL (386) 345-0391 i /vAi / i FAX 386)345-2581 N m/2'j/ I CBC040699 / / / / / / ,i/,v/c/o/7/P/0,8 We have no exception to the general terms and conditions, insurance requirements, or other requirements listed. Sincerely, rwin Schneide ATTACHMENTS THIS SHEET MUST BE SIGNED CITY OF EDGEWATER EDGEWATER, FLORIDA FINANCE DEPARTMENT PROPOSER CHECK LIST I M P O R T AN T: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: -x The Proposal has been signed. N All information as requested in the Proposer's Qualification Form is included. x All applicable forms have been signed and included X Any addenda have been signed and included. X The mailing envelope has been addressed to: CITY CLERK City of Edgewater 104 N. Riverside Dr. Edgewater, Florida 32132 X The mailing envelopemustbesealedandmarked with Proposal Number, Proposal Title and Due Date. xj The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name 0 '42 \S L7 �C U�S�(�€ S; TC Signature and Title \ ,6,i _ pp r Date — t - Email (t'sr,hnf_jder t,rd . Gd vn RFP 14-ES-014-Design Build Sludge Loading Area Cover 21 ADDENDUM NUMBER 1 BID#RFP 14-ES-014 Design/Build—Covered Storage Area CITY OF EDGEWATER BID NAME To All Plan Holders: The following changes,clarification and additions are hereby made part of the RFP 14-ES-014 for the above Design/Build—Covered Storage Area as fully and completely as if the same were fully set forth therein. The Mandatory Pre-Proposal meeting scheduled for April 22, 2014,commencing promptly at 2:00 p.m., will be held at the Public Works Break room, located at 409 Mango Tree Drive, NOT at the City Hall Council Chambers as noted in the bid document. Signature acknowledges receipt and understanding of this addendum. Name Title Date ADDENDUM NUMBER 2 BID#RFP 14-ES-014 Design/Build Covered Storage Area CITY OF EDGEWATER BID NAME To All Plan Holders: The following changes,clarification and additions are hereby made part of the RFP 14-ES-014 for the above Design/Build Covered Storage Area as fully and completely as if the same were fully set forth therein. Change/additions to language: Section 2A—page 8—Change from: Project must be completed within sixty(60)days of contract. To: Project must be completed within ninety(90)days of contract. ADD Section 2A.01(g) — page 9 - Roof may be gabled roof or other design that meets the intended objective. Rain water shall be directed away from conveyor so no rain water flows toward existing building and conveyor belt. Attachment • Yard piping for Wastewater Treatment Plant Signature acknowledges receipt and understanding of this addendum. 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Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Finance Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm 5 1 ‘ \ VI \_____ /4/ Signature Date --DO,.(LAD► n VCS l Yr ►C4e✓J Name Printed 1e—S\ Title of Person Signing Affidavit State of non D A ) City of Ecte ca--2.r ) SUBSCRIBED AND SWORN to before me this I day of rY)4y , -r 20 I t , by D w go, 2 i r e t Cd e-r , who is personally known to me to be the preSt d exvb for the Firm, OR who produced the following ' entification: woP,ro h•c: / 1JZ, Ô / _�!/ TZJY� NOTARYPUBLIC-STATEOFFLORIDA I COMMISSION#FF052754 EXPIRES 10/5/2017 Notary Public BONDED THRU1-888-NOTARY1 My Commission Expires: /0/5/.20/ '7 RFP 14-ES-014-Design Build Sludge Loading Area Cover 22 PROPOSERS QUALIFICATION FORM LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed Project Contract Amount 90 olo \\af t?a\m CixAst $ t0Oo, 90 % Gera I L. caffen a exaciA l oOC. -r) % e_en-4-ral Pi re, $ 313,000 °o LISTCURRENTPROJECTSONWHICHYOURFIRMISTHECANDIDATEFORAWARD: >, ,y--t-onck o C ne co Con Sit Lh�n OTHERINFORMATIONABOUTPROJECTS: Have you, at any time, failed to complete a project? I I Yes ► No STATEMENT OF LITIGATION: Are there any judgments, claims or suits pending or outstanding byoragainst you? Yes g No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: FEES: List total fees for work done on all City projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. � f� $ I 1 I75.o Total Fees for work done on all City projects -pV co& / c9,a. t ie 1 [ F/aglc-r Ve . �s/� oo�r RFP 14-ES-014-Design Build Sludge Loading Area Cover 23 REFERENCES: Some- a-1-Cried y e 5heej TYPEOFFIRM: Corporation/Years in Business: 31 . If firm is a corporation, please list state in which it is incorporated: Flo ri C/a_. . If firm is a corporation, by signing this form, Proposer certifies that the firm is authorized to do business in the State of Florida. Partnership/Years in Business: I I Sole Proprietorship/Years in Business: I I Other: Please list: Pursuant to information for prospective Proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: - U L By: Title: --pc- ��e Attested By: L Z Title: L `��7L' 4-n i- of Date: RFP 14-ES-014-Design Build Sludge Loading Area Cover 24 STEELMASTER INDUSTRIES, INC POBOX116 Ar ////4� EDGEWATER, FL 32132 i///41 ��iM TEL (386)345-0391 N"' N N N N N FAX 386)345-2581 All//// / / / / CBC040699 / Z700MN / / / COMPLETED PROJECT LIST Daytona Auto Mall 1-95&LPGA Blvd,Daytona Beach,FL 32114 completed 2000-2005 ($6 million) Scope: Multiple Automobile Dealerships;Ford-40,000 sf Mazda 15,000 sf Nissan 20,000 sf Isuzu 6000 sf KIA 6000 sf Auto Mall Body shop 40,000 sf Construction consisted of CIP concrete foundations&floors,Tilt wall panels(body shop insulated tilt),PEMB's,Structural steel,Concrete paving&sidewalks,and Ornamental exterior exposed steel. Contractor:Strasser Construction Daytona Beverages 2275 Mason Ave,Daytona Beach,FL 32117 completed 2005 ($1.3 million) Scope: 60,000 sf Refrigerated beer distribution center. CIP concrete foundations and floor,Insulated tilt wall panels, Structural steel w/bar joists and metal decking. Contractor: Strasser Construction Ocean Design Industries 1026 N.Williamson Ave. Daytona Beach,FL 32114 completed 2005 ($2 million) Scope: 100,000 sf Manufacturing facility. CIP concrete foundations&floor,Tilt wall panels,Wide Bay PEMB w/ standing seam roof. Contractor: TG Glass&Associates Harley Davidson Destination Daytona 1637 N.US1,Ormond Beach,FL 32174 completed 2006 ($800,000) Scope: 120,000 sf 3 story Motorcycle Dealership. CIP concrete foundations&floors,Structural steel framing W/Hollow core Contractor: Strasser Construction Everglades Boats 544 S.Airpark Drive,Edgewater,FL 32132 completed 2006 ($3.8 million) Scope: 60,000 sf addition to existing Boat manufacturing facility. CIP concrete foundations and floors,PEMB's,Crane rails for overhead bridge cranes,Tilt wall panels,Office mezzanine,Stairs&railings,&elevator pit,concrete paving,& sidewalks. Contractor: Steelmaster Industries,Inc. Centerpoint 1&2 2361 Mason Ave,Daytona Beach,FL 32114 completed 2007&2008 ($1.95 million) Scope: 53,750 sf&31,600 sf Flex space office/warehouse facilities. CIP concrete foundations&floors,Tilt panel walls,PEMB's w/standing seem roofs,Ornamental metal curved canopies,CIP concrete truck dock,&sidewalks. Contractor: A&T Builders Mason Commerce Center 1160 N.Williamson Blvd.,Daytona Beach,FL 32114 completed 2008 ($820,000) Scope: (2)identical 15,360 sf Flex space office/warehouse buildings. CIP concrete foundations and floors,Tilt wall, PEMB's w/standing seem roofs,Architectural metal coping,Ornamental curved arch entryway canopies,&Sidewalks. Contractor: TG Glass&Associates Coke Pavilion Destination Daytona Ormond Beach,FL 32174 completed 2008 ($1.1 million) Scope: 32,000 sf open air concert pavilion. CIP concrete foundations and floor,Tilt wall panels,PEMB w/4:12 hip roof,CIP concrete raised stage deck. Contractor: Strasser Construction Alumashield Industries 725 Summerhill Drive,Deland,FL completed 2008 ($470,000) Scope: 25,000 sf Manufacturing facility w/office. CIP concrete foundations&floors,PEMB w/screw down roof, Structural steel mezzanine,and Alumashield insulated foam core metal wall panels. Contractor: TG Glass&Associates Brothers Performance/BBK 3060 Performance Circle Deland,FL completed 2009 ($3.2 million) Scope:65,000 sf.Manufacturing/warehouse w/office&showroom. CIP concrete foundations&floors,PEMB w/ standing seem roof,Load bearing tilt walls,Structural steel mezzanine,CIP concrete truck docks,&concrete paving. Contractor: Steelmaster Industries,Inc Boulevard Tire 1265 Biscayne Blvd Deland,FL 32724 completed 2009 ($510,000) Scope:31,000 sf Tire storage warehouse addition. CIP concrete foundations&floors,PEMB w/screw down roof, custom fabricated valley gutter,CIP concrete truck dock. Contractor: Jenkins Construction Mersino Dewatering 411 Timaquan Trail,Edgewater,FL 32132 completed 2009 ($195,000) Scope:11,000 sf warehouse w/office. CIP concrete foundations&floors,PEMB w/screw down roof,&concrete truck wash slab. Contractor: Jim Jones Construction Custom Tube Products 317 Base Leg Drive Edgewater,FL 32132 completed 2009 ($1.2 million) Scope:18,000 sf manufacturing facility w/office&mezzanine. CIP foundations&floors,PEMB w/screw down roof, Pre-cast concrete wall panels,structural steel mezzanine,&concrete paving. Contractor: Steelmaster industries,Inc. Dollar General 3741 Clyde Morris Blvd,Port Orange,FL 32129 complete 2010 ($165,000) Scope: 9,000 sf retail store. CIP foundations&floors,PEMB w/standing seam roof,misc.architectural steel canopies and concrete paving. Contractor: T.G.Glass&Associates Raydon 1420 Hockney Court,Port Orange,FL 32128 completed 2010 ($2.2 million) Scope: 100,000 sf manufacturing headquarters. CIP foundations&floors,PEMB w/standing seam roof,tilt-walls, structural steel mezzanine,custom fabricated valley gutter,misc architectural steel canopies,and concrete paving. Contractor: T.G.Glass&Associates Hope Charter 1550 E.Crown Point Road,Ocoee,FL 34761 completed 2010 ($105,000) Scope: 15,000 sf school and gymnasium. Erection of PEMB. Contractor: Pertree Construction Crossroads Baptist Church 1851 Clyde Morris Blvd. Daytona Beach,FL 32119 complete 2011 ($210,000) Scope: 15,000 sf Church school addition. CIP concrete foundations&slab,PEMB w/standing seam roof,and misc architectural steel canopies. Contractor: Strasser Construction Dunlawton Square 5813 S.Nova Road,Port Orange,FL 32127 completed 2011 ($125,000) Scope: Strip mall remodel. Structural steel towers and structural steel addition on end unit. Contractor: Holub Development Spruce Creek Public Works 2090 Springwater Lane,Port Orange,FL 32128 completed 2011 ($55,000) Scope: 3,000 sf Public works storage building. CIP concrete foundations&floors,PEMB w/screw down roof,and concrete paving. Contractor: Steelmaster Industries,Inc. Manheim Auto Auction 9800 Bachman Rd.,Orlando,FL 32824 completed 2011 ($60,000) Scope: 7,600 sf Auto auction car inspection area canopy. CIP concrete foundations&PEMB w/screw down roof. Contractor: Steelmaster Industries,Inc. US Foods 5425 S.Williamson Blvd Port Orange,FL 32128 completed 2011 ($1.2 million) Scope: 225,000 sf food distribution warehouse addition. CIP concrete foundations&floors,freezer and cooler sub- slabs,CIP interior curbs,concrete paving,loading docks,and misc steel fabrication. Contractor: ESI Constructors Market of Marion Hwy 441,Ocala,Florida completed 2011 ($324,713) Scope: 1800 SF, Flea Market-CIP concrete foundations and floors,PEMB Contractor: Hall Construction Sen Pack 3055 Tech Parkway,Deland,FL completed 2012 ($1.4 million) Scope: 60,000 SF Manufacturing facility and offices. CIP concrete Foundations and floors,Structural Steel,insulated tilt wall&PEMB. Contractor: T.G.Glass&Associates Flexible Packaging: 811 Fentress Ct,Daytona Beach,FL completed 2012($236,577) Scope:12,000 SF Manufacturing facility,CIP foundations&floors Structural Steel,PEMB Contractor: T.G.Glass&Associates Tiki Williamson 984 N.Williamson Blvd,Daytona Beach,FL 32114 completed 2013($1.3 million) Scope: 52,500 SF Manufacturing,testing facility with offices. CIP concrete foundations&floors,Tilt wall,PEMB, Structural Steel,Mezzanine,Equipment,Pits,tank enclosures. Contractor: T.G.Glass&Associates Daytona Beverages 2275 Mason Avenue,Daytona Beach,FL 32118 completed 2013($840,000.) Scope: 40,000 SF Addition to refrigerated distribution warehouse. CIP concrete Foundations&floors Structural Steel,Tilt Wall Ramps,railings,interior concrete&curbs Contractor: T.G.Glass&Associates Higginbotham Aviation Hangar 1519 Airway Circle,NSB,FL completed 2013($175,768) Scope: 10,000 SF Aircraft Hangar and doors. PEMB&Doors Contractor: Steelmaster Industries,Inc. NSB Marina 244 N Causeway,NSB,FL completed 2013($727,924) Scope:6,000 SF Boat Dry Storage Facility,CIP concrete Foundations&floors,Tilt,Structural Steel PEMB. Contractor: Strasser Construction F�. STEELMASTER INDUSTRIES, INC P 0 BOX 116 �O�O MN w EDGEWATER, FL 32132 AVAM�� TEL (386)345-0391 s"' N f �f FAX 386)345-2581 MiffM CBC040699 /O©a 7.GSOM OS©O/ REFERENCES CLIENTS: City of Oak Hill McCracken Properties Strasser Construction Oak Hill,FL Edgewater,FL Ormond Beach,FL Kohn Evans Butch McCracken Chuck Strasser 386-345-3522 386-423-2223 (386)673-7007 Oscar Zeller Crown Commercial Properties T.G.Glass&Assoc. New Smyrna Beach,FL Flagler Beach,FL Daytona Bch,FL 386-451-5449 John Lester Gerry Glass 904-794-4231 386 274-1422 INDUSTRY PROFESSIONALS: WCT Engineering. City of Edgewater Building Department Structural Engineer Dennis Fischer Carl Taylor,PE 386-424-2411 386-265-4911 Bechtol Engineering&Testing Inc. BPF Designs,Inc Geotechnical&Construction Material Testing Building Design and Architecture Thomas Bechtol,P.E. Brian Fredley,Associate AIA 386-734-8444 386-265-4911 VENDORS: Whitecap Construction Supply Tarmac America Bill Ellzey Ray Jarrett 772-216-0979 386-226-1845 Chatham Steel Nucor Building Solutions Paul Jaszczenski Dave Gressani 800-800-6458 321-288-6413 FINANCIAL INSTITUTIONS: Sun Trust Bank Regions Bank Edgewater,FL Edgewater,FL Kimlee Ruffino Donna Snow (386)428-0119 386-426-6701 DECLARATION STATEMENT City of Edgewater 104 N. Riverside Dr. Edgewater, FL 32132 RE: RFP NO.14-ES-014-- "Design Build Covered Storage Area" Dear Mayor and Council Members: The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this Proposal or in the contract to which this Proposal pertains, and that this Proposal is made without connection or arrangement with any other person and this Proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of Proposals, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the Proposal pertains. The Proposer puts forth and agrees, if this Proposal is accepted, to execute an appropriate City document for the purpose of establishing a formal contractual relationship between him, and the City, for the performance of all requirements to which the Proposal pertains. The Proposer states that the Proposal is based upon the Proposal documents listed by RFP#14-ES-014. (Proposal Continued on Next Page) RFP 14-ES-014-Design Build Sludge Loading Area Cover 25 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed qur names on this 1 day of M y , 201i in the City of Ock,\<. \ ■\\ , in the State of e.\ C),C-ear Firm's Complete Legal Name \23 with S Pe_k (Address) Ocx \- ,�\ , -�o c c 3a75c (City, State, ZIP) Phone No. 38-(D-345 034 I Check one of the following: Fax No. 3a12 -?45- Zags I I I Sole Proprietorship - '0 Corporation or P.A. State of -rL I I Limited Partnership By: - 71-DA. c.d.,/ I I General Partnership ped and Written Signature Nefic- Title ADDITIONAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) Contact Name: Title: (Address) (City, State, ZIP) Phone No. FAX No. Email address: RFP 14-ES-014-Design Build Sludge Loading Area Cover 26 City of Edgewater, Florida INSURANCE REQUIREMENTS INSURANCE TYPE REQUIREDLIMITS 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. IA 2. Commercial General Liability Bodily Injury & PropertyDamage (Occurrence Form) patterned after the current I.S.O form with no limiting endorsements. $1,000,000 single limit per occurrence 3. Indemnification: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless the City of Edgewater, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Edgewater. 4. Automobile Liability $500,000Each Occurrence Owned/Non-owned/Hired Automobile Included 5. Other Insurance as indicated below: $ 1,000,000Per Occurrence Errors and Omissions or Professional Malpractice Coverage RFP 14-ES-014-Design Build Sludge Loading Area Cover 27 CITY OF EDGEWATER, FLORIDA INSURANCE REQUIREMENTS (Continued) 6. Aircraft Liability $1,000,000 each occurrence combined single limit for bodily injury liability and property damage liability. ® 7. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide City with certificates of insurance meeting the required insurance provisions. ® 8. The City of Edgewater must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. ® 9. The City of Edgewater shall be named as the Certificate Holder. NOTE—The "Certificate Holder" should read as follows: City of Edgewater Edgewater, Florida No City Division, Department, or individual name should appear on the Certificate. Nootherformatwillbeacceptable. ® 10. Thirty(30)DaysCancellationNotice required. ® 11. The Certificate must state the RFP Number and Title. PROPOSER'S AND INSURANCE AGENT'S STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of RFP. 1 s*- 1 e.5,a-hC_ Brown&Brown of Florida Inc Proposer Insurance Agency •'Pature of Proposer Signature of Proposer's Agent RFP 14-ES-014-Design Build Sludge Loading Area Cover 28 i CO M 1 c x a co Lo High Eave 26' C.!) I N J EL— D M TI C1.7 p < o CO CO m p ET< o n _ _ 0 0 5. 5. 0 c0 c0 0 16' 1 B I Low Eave 23' A GPiS H H O r r— - r— C CD D cD I — — _\ \ \ - --H- - - - - - - - H- i m 1 p CD x u, . I cn '' 5' 1 CD 1 (0 CS) CD CO X CO o C - a � � � � rn 5 5 C �n CD (.0 (0 0 — _____FA___ — — — — - -II— fH 1 rn I CO I I 1 H H 0 36' Z el o' z PROJECT Public Works STEELMASTER INDUSTRIES, INC. mom" r R.* 123 SOUTH STREET, OAK HILL, FL. Z 8 N — PH: (386) 345-0391 , coNrnncroR FAX: (386) 345-2581 orn a Steelmaster Industries, Inc. CBC 040699 ,`''2 im 23'-0" 0 — -- L 0 I r D r M co I D 19'-6 5/8" 0 m , CLEAR HEIGHT cr) o I II I z � o z IQ m - o 73 If::: I O z > 1 1 -iv) I0 z � m I I I me 11N -1 o-- C O7 N CO ■ _ -1r - m _I° I v) O 0 fl 0 mom.. D D 0 11 I I PI C /""- I FM D ' Z I I 0 m m 0 N I I N m Im -1 D - 0 21 '-7 3/4" m m • CLEAR HEIGHT in tz ■ 0 0 17711 2"DGEWA RARE: NLJCOR PRELIMINARY FRAME CROSS SECTIONS 9 ,0 2 EDGEWATER PUBLIC WORKS W . BUILDING SYSTEMS GROUP ®� 305E(260xu 7-76911,WATERLOO.' wfi»3 TI 1 PHONE(zfio)63z-m9, r...:(zfia)63z-236. DO NOT USE FOR X W EWE`NATER R0 6°'1008.300"' f01E 6°•s.»su s<3960 FINAL CONSTRUCTION wj_ B� _ PHONE:(ew)E 11.A.o REL(eoi)566-2121 '1 '1�' STEELMASTER INDUSTRIES, INC. N06 (972)sz.s.07`fir.6`x`L 3" 124- :S99z)sz.-s.n W)(HILL FL „050 WATElT LANE.6RO..CITY.VT 6,302 _ R oRC:(us)919-3100 i.[:(435)919-3101 9/3/2013 11:42:07 AM FEE PROPOSAL FORM Total Design/Build Covered Storage Area Cost 55j 5&'5. . Authorized Signature Address poi n S S W 4 e 2i t" 1�e s i -� K. \-k--; I I 1 4 I ors'J e, 3.1-759 Printed Name&Title City, State, Zip Code S--C9 X c -C'e-r a►P8LIS-ri es,inc. 3�(40 3 45 - O 1 Company Telephone No. <-\ — `5 - 2-5E1 Date Fax No. RFP 14-ES-014-Design Build Sludge Loading Area Cover 29 xOax a (--)(--) roam wm m N droHn a t:11 td .i N 0 m tx Z P (D t4 ° OGIOH �'OrH 8 m A H N 0) til (13 tri t-1 N � ydl-`H'�d W O HO N D -P iZ 0 0 0 W om•Et)0 o C H H� �,0 W V w C 'mod o ( C, OH QfH0ct m a 1-3 w O.H O z HO I-'rnti tzl ow -1 bi H OZ (n ts]bd C] O] C] Z 3 fti cnt=J o) Z 1-30 n U] 1j'xi 0 w N a) 5m 0 ti OW o o F-' N W HICf N XI i D Zrz D � o Hzz ' m � C� 0 c m -C - C H r_ 1m K� 0 t'O z Oth tn� HO E Q� o • Orb m 1 `) -4 1r f � D H m H id Z N m Ko I EXHIBIT A CITY OF EDGEWATER DESIGN BUILD COVERED STORAGE AREA SWORN STATEMENT PURSUANT TO SECTION 287.133(3), FLA. STAT. PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This statement is submitted to the City of Edgewater, Florida by: Name of Proposer der�t Name and Title of Proposer's Representative 1213 Snug, Business Address asK \\ 1er 0,ct SaI5q City State Zip Code 5q - a�17232 Proposer's Federal Identification Number or, if Proposer is an individual, Social Security Number I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: RFP 14-ES-014-Design Build Sludge Loading Area Cover 30 A. A predecessor or successor of a person convicted of a public entity crime; or B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners. Shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please mark (X) next to the statement which is applicable to your entity): Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. [ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. [ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity RFP 14-ES-014-Design Build Sludge Loading Area Cover 31 submitting this sworn statement on the convicted vendor list (a copy of the final order must be attached to this form). A • -d Signature Sworn to and subscribed before me this I day of irYi 20 1 1 . Att_a_ ,, o�• /o 5 moo/ 7 re of Notary Publ./ — State of Florida Commi sio Expiration Pgroo nCJ1 1<now n Type of Identification SEAL OR STAMP DEBRA I JOHNSTON NOTARY PUBLIC-STATE OF FLORIDA COMMISSION#FF052754 EXPIRES 10/5/2017 BONDED THRU 1-888-NOTARY1 RFP 14-ES-014-Design Build Sludge Loading Area Cover 32 EXHIBIT B DESIGN/BUILD PROPOSAL FORM ACKNOWLEDGMENT To: � , cc tdc,u3o„-i-cr Proposal of: e\ , C` Name It FL. 3a15S Address Proposal to: City of Edgewater Design Build Covered Storage Area FIRST, in submitting this Proposal, the undersigned Proposer understands and agrees to comply with all provisions of this RFP. SECOND, the undersigned Proposer acknowledges that it has received and examined the RFP and has informed itself of any addenda. THIRD, the undersigned Proposer acknowledges that it has read and agrees to comply with the City's Policies for Procurement of Design-Build and Design-Build- Operate Services. FOURTH, the undersigned Proposer agrees to negotiate its Proposal in good faith, if requested by the City and, if the City accepts the Proposal, to furnish the required bonds. Performance and payment bonds are to be provided within fourteen (14) days after notice of award. FIFTH, the undersigned Proposer further agrees to begin the work upon receipt of a notice to proceed and to execute said work within the time specified in the applicable contract documents. SIXTH, the undersigned Proposer further agrees to guarantee performance of the work to be in accordance with the contract documents contained in the RFP and that the work shall be constructed and installed in a good and worker-like manner. SEVENTH, the undersigned Proposer certifies, and in the case of a joint Proposal each party thereto certifies as to its own organization, that this Proposal has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Proposal with any other proposer or with any competitor. RFP 14-ES-014-Design Build Sludge Loading Area Cover 33 EIGHTH, the undersigned Proposer further agrees to submit, if requested by the City, and prior to award of a contract or contracts, the following: A. Such catalogs, drawings, specifications, descriptive information and other details as to special equipment or materials Proposer proposes to use for the Project to permit evaluation of the merits thereof and a determination as to whether or not the materials or equipment comply with the Project Requirement and Performance Specifications. B. Statements of experience and a list of capital and equipment available to Proposer. C. Audited financial statements. D. 10K and 100's (SEC filings), if any. E. Certification that there have been no material adverse changes or planned changes in the method of conducting business (bankruptcy, restructuring, mergers, acquisitions, litigation) since the most recent financial statements of the Proposer and affiliated parties. F. Certification of a list of off-balance sheet liabilities, including contingent liabilities and all major financial commitments, specifically including but not limited to: - completion guarantees on construction projects; - operating guarantees; - parent company guarantees to owners or surety companies; and - other contractual relationships which may affect guarantees for the Project or financing for the Project. G. Descriptions of assets to be used to support the Proposer's guarantees and recourse the Project will have to its balance sheets. H. Information on the Proposer's access to blank lines of credit, revolving credit agreements and other sources of liquidity. NINTH, the undersigned Proposer will furnish all materials necessary to carry out and satisfactorily provide the services described in its Proposal in the manner and within the times specified in the applicable contract documents. TENTH, the undersigned Proposer will be responsible to obtain permits, licenses or authorizations as provided in the contract documents. RFP 14-ES-014-Design Build Sludge Loading Area Cover 34 ELEVENTH, the undersigned Proposer further agrees to provide services in a manner that will not interfere with the City's operations. TWELFTH, the undersigned Proposer understands that in addition to the forthcoming forms, the other information provided by the undersigned Proposer under the RFP as part of its Proposal shall be made a part of the contract or contracts. THIRTEENTH, the undersigned Proposer agrees that all taxes, fees, royalties and other charges related to the Project are included in this Proposal and costs set forth herein. The undersigned Proposer agrees that it shall have no claim against the City because of any misunderstanding or lack of knowledge on its part as to liability for, or the amount of any taxes, fees, royalties or other charges which are required or accrue due to its performance there under. FOURTEENTH, the undersigned Proposer represents that it is a duly organized legal entity and is legally bound by the representations and covenants set forth in this Proposal. FIFTEENTH, the undersigned has carefully checked the Proposal Documents before preparing this Proposal and accepts said documents as correctly describing the work to be done. SIXTEENTH, the undersigned Proposer agrees that in the event the Proposal is accepted and the Proposer fails to contract as aforesaid, and to give the bonds in faithful performance and for labor and materials required by Design/Build General Conditions, or other contract documents, or by law, and to provide all insurance as required by the contract documents within fourteen (14) calendar days after the date of the notice of award of the contract, the City may, at its option, determine that the Proposer has abandoned its contract and thereupon the award thereof shall be null and void. SVCCICNVISAer Lriiussiti es,-4. Name of Proposer 1 r�1 n S6-v-)6 de Name of Designated Signatory Title SI " re RFP 14-ES-014-Design Build Sludge Loading Area Cover 35 EXHIBIT C DESIGN/BUILD/OPERATE PROPOSAL FORM CITY OF EDGEWATER DESIGN BUILD COVERED STORAGE AREA PARTICIPATING FIRMS All firms that will be significant in providing services pursuant to the Proposal (the "Participating Firms") are identified below. Such firms shall include, as applicable, (1) the Proposer or (2) the new entity, if any, to be formed for the sole purpose of executing and performing the services pursuant to the Proposal and (3) any other significant participation in the transaction. (1) j � (2) (3) Include a summary of the services and responsibilities of each participating firm, limited to one page or less in length for each firm. Name of Proposer _C .t rr n e i d e Name of Designated Signatory \--reCi Tv4- Title Signa ure f✓ 4— RFP 14-ES-014-Design Build Sludge Loading Area Cover 36 EXHIBIT D CITY OF EDGEWATER PARTICIPATING FIRM BACKGROUND INFORMATION NOTE: this proposal form shall be completed separately for the Proposer and each participating firm. 1. Name in Full of Participating Firm: 2. Principal Business Address: \-D,31)3 \-k-1 �` , �LOdckc, 3a 759 3. Form of Business Concern (Corporation, Partnership, Joint Venture, Other): Co cpbra_4-i are 4. State in which organized and date of organization: `OC' C /0/ 4(2 5. If a partnership, give names of partners; if a corporation, give names of officers with authority to sign in the name of the corporation: Name Title Address ��, acid r. r�;der 1eSi t 13 Sobci-1 I SfreE-f- (.K f /I, F 3 All information and statements contained in the Proposal made by or concerning the participating firms are current, correct and complete and are made with full knowledge that the City will rely on such information and statements in awarding the contract or contracts. RFP 14-ES-014-Design Build Sludge Loading Area Cover 37 7. To the best knowledge of Participating Firm, no person or selling agency has been employed or retained to solicit the award of the contract under an arrangement for a commission, percentage, brokerage or contingency fee or on any other success fee basis, except bona fide employees of the Proposer. 8. The Participating Firm is authorized to do business in the State of Florida. 9. The Participating Firm has filed all Florida and federal tax returns and paid all Florida and federal taxes required by law. 10. The Participating Firm is duly organized and validly existing in good standing and is duly qualified to transact business in each and every jurisdiction where such qualification is required to enable the Participating Firm to perform its obligations contemplated by the Proposal. 11. The performance of all obligations of the Participating Firm contemplated by the Proposal has been authorized by all required action of the Proposer, including any action required by any charter, by-laws, and partnership agreement, as the case may be, and any applicable laws which regulate the conduct of the Participating Firm's affairs. 12. The Proposer acknowledges and agrees that neither the City nor any of its affiliates, employees, agents, consultants, attorneys, representatives, or contractors makes any representation or warranty as to the accuracy or reliability of any information or statements contained in the RFP, and releases and discharges the City and each such person from any and all claims which it has or may have arising out of any such information or statements. Name of Proposer V_tc1er--' Name of Designated Signatory Title Sign RFP 14-ES-014-Design Build Sludge Loading Area Cover 38 EXHIBIT E CITY OF EDGEWATER DESIGN BUILD COVERED STORAGE AREA LOBBYING RESTRICTION CERTIFICATION I hereby certify that J�'" `ti L ��.. 4-6• ^ ,,its partners, (print name of Proposer) officers, representatives and agents, and all partners, officers, representatives and agents of Participating Firms under this Proposal have not lobbied or in any way contacted any member of the City Council or any employee of the City, either individually or collectively, for any purpose relating to award of this solicitation. Further, if awarded the contract, the Proposer and all Participating Firms will comply with the provisions of§ 216.347, Florida Statutes. �'��.1�(Y,G-��C� �► �7 USA i l�S,��C Name of Proposer Name of Designated Signatory Title Si s: !' RFP 14-ES-014-Design Build Sludge Loading Area Cover 39 EXHIBIT F DRUG-FREE WORKPLACE PROGRAM CERTIFICATION Preference to businesses with drug-free workplace programs. --Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. In order to have a drug- free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statues, as stated above? YES NO NAME OF BUSINESS: -e lag - •` e -Lh SIGNATURE OF RESPONDER: RFP 14-ES-014-Design Build Sludge Loading Area Cover 40 THE AMERICAN INSTITUTE OF ARCHITECTS Executed in 1 Counterpart _g_ AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Steelmaster Industries, Inc. (Here insert full name and address or legal title of Contractor) 123 South Street, Oak Hill, FL 32759 as Principal, hereinafter called the Principal, and The Gray Insurance Company (Here insert full name and address or legal title of Surety) PO Box 6202, Metairie, LA 70009-6202 a corporation duly organized under the laws of the State of LOUISIANA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Edgewater - (Here insert full name and address or legal title of Owner) 104 N. Riverside Dr., Edgewater, FL 32132 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ ---5%--- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) RFP# 14-ES-014 "Design Build - Covered Storage Area", 409 Mango Tree Drive, Edgewater, FL 32132, NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 2nd day of May 2014 Steelmaster Industries, Inc. (Principal) (Seal) (Witness) AaeivirtriLZ--& k ,fir Th• Gray In• Mice Comp. (Witness? I�� ( (Title) Don Bramlage, Attorney-in-Fact and Florida Licensed Resident ent AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 ��141 Printed on Recycled Paper 9/93 T• AUTNENTI UNLESS IT IfAS A'.T•1 1,, +r•:? T s a a I, I I I e • i g. ° g ■ THE GRAY INSURANCE COMPANY ▪ THE GRAY CASUALTY&SURETY COMPANY 1 5 7 018 , GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint Susan L.Reich,Jeffrey W.Reich,Don Bramlage,Kim E.Niv,J.Gregory MacKenzie,Leslie M.Donahue,Patricia L.Slaughter,and Teresa L.Durham of Daytona Beach,Florida jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in- Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety, contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company an at meetings s dul called and held on the 26`h da of June, Y P Y Y tY h' P Y g duly day 2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is ; authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company bonds,undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or ,, to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is 1, attached. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed,and these presents to be signed by their authorized officers this September 12,2011. 'g J R A y�,. By: Attest: /?/-j-////y� �a�,//'�� -Px,TY......... R,,,,. ;. SEAL x'b` Michael T.Gray Mark S.Manguno 7 SEAL '.4 2= President,The Gray Insurance Company Secretary, — �yl • 1•. .......... and The Gray Insurance Company, ti' Vice President, The Gray Casualty&Surety Company The Gray Casualty&Surety Company State of Louisiana ss: Parish of Jefferson On this September 12,2011,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company and Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty& Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. I',/÷o1A/i. *.:?1.. d40 , „ 1. *:' 5 j* Lisa S.Millar,Notary Public,Parish of Orleans P. .3 State of Louisiana '''ii.- L...4'" - My Commission is for Life I,Mark S. Manguno,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect. 1 'r IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this v. day of JO Uk , aLi 1 9 \./ ...e 01244 444^1".04.%.4 SEAL •3 SEAL , Mark S.Manguno,Secretary ,;�, ;,;ti --i,'` The Gray Insurance Company 4"..7.,..„_ ,. '1 y, `•• ._- The Gray Casualty&Surety Company _, ,r.: .... . ., , , .. ,... . _„ . t -_ - - • 1©c AGENDA REQUEST Date: May 20, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS June 2, 2014 ITEM DESCRIPTION: Change Order #3-Final for the Wastewater Treatment Plant Renewal & Replacement Project with Brandes Design-Build, Inc. BACKGROUND: At the August 20, 2012, City Council meeting, Council awarded a contract to refurbish the Wastewater Treatment Plant to Brandes Design-Build, Inc. in the amount of$6,347,283. Change Order #1 reduced the contract amount by $3,463,768.08 to realize the tax savings of the City purchasing certain components directly. Change Order#2 encompasses several modifications encountered in the project found during the construction. This change order increased the contract $125,788.57 and provided an additional 30 days to the contract time. This third and final change order to the contract nets a decrease in the total contract amount by $80,423.82. Details of this are included in the document. Although, the allowance for the laboratory equipment netted the greatest reduction, it should be noted that this equipment was purchased directly by the City to realize the tax savings in the purchases. This was charged out of the wastewater budget in the amount of$24,787.60. Additional time of 56 days is also added to the contract duration for rain days and field changes that affected the critical path of the project extending the contract through June 1, 2014. STAFF RECOMMENDATION: Staff recommends approval of the Final Change Order #3 to the Contract with Brandes Design-Build, Inc. to reduce the amount by $80,423.82 and a Contract Time extension of 56 Days and authorize the City Manager to execute the document. ACTION REQUESTED: A motion to approve Final Change Order #3 to the Contract with Brandes Design-Build, Inc. reducing the amount by $80,423.82 and a contract increase of 56 days and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director) ($80,423.82) 444-5555-580.63-40 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES XX NO Jo cKinney, Finance D ector PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: Brenda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal acey T. arlow City M. ager CHANGE ORDER FORM Project: City of Edgewater Wastewater Treatment Plant Renewal& Replacement CHANGE ORDER NO. 3 - Final DATE OF ISSUANCE: 5/13/14 CONTRACTOR: Brandes Design-Build,Inc. EFFECTIVE DATE: 5/13/14 ENGINEER:Quentin L.Hampton Assoc.,Inc. OWNER'S CONTRACT NO.: SRF No. WW64052 The following changes are hereby made to the Contract Documents: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times cg6,347,R3 Substantial Completion: February 5,2014(450 days) Ready for final payment: March 7,2014(480 days) days or dates Net changes from previous Change Orders No. 1 to Net change from previous Change Orders No. 2 to No.2 No.3 $(3,337,979.51) 30 Days Contract Price prior to this Change Order Contract Times prior to this Change Order Substantial Completion: March 7,2014(480 days) $3,009.303.49 Ready for final payment: April 6,2014(510 days) days or dates Net Increase(decrease)of this Change Order Net Increase(decrease)of this Change Order $(80,423.82) 56 Days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: May 2,2014(536 days) $2,928.879.67 Ready for final payment:June 1,2014(566 days) days or dates CHANGES ORDERED: I. GENERAL-This change order is necessary to cover changes in the work to be performed under this Contract. The General Conditions, Supplementary Conditions, Specifications and all parts of the Project Manual listed in Article 1, Definitions, of the General Conditions apply to and govern all work under this change order. This change order is requested by the City to avoid payment of sales taxes on the equipment listed on the attached Owner Direct Purchase List provided by Brandes Design-Build, Inc. The change in price and/or delivery date described,is considered to be fair and reasonable and has been mutually agreed upon in full agreement and final settlement of all claims arising out of the modification including all claims for delays and disruptions resulting from, caused by, or incident to such modifications and change orders. II. REQUIRED CHANGES: CONTRACT PRICE: $80,423.82 net decrease to the contract price. CONTRACT TIME: 56 day increase to the contract time. III. JUSTIFICATION: This change order represents an $80,423.82 net decrease to the contract price. The change order includes additional work items requested of the Contractor, City permit fees that exceeded the bid allowance and deduct of the laboratory equipment allowance. A spreadsheet detailing the cost for each item is attached. During construction it was determined that the RAS telescoping valve for clarifier No. 3 required a 304 SS pipe support. This was provided and installed by the contractor for$600.00. During rehab of existing clarifiers No. 1 & 2, it was determined that the clarifiers required additional work that included: existing scum beaches rehab and painting, aluminum sheeting installed on stilling wells, straighten sludge squeegees, replace scum scrapers and install City provided new control panels. This work was completed for$11,689.30. An allowance for the building permit fee of$5,000.00 was included in the bid. The permit fee paid by the Contractor was$12,286.88. Therefore,the additional$7,286.88 is added to the contract. An allowance for purchase of laboratory equipment was included in the contract. The City purchased all equipment directly and this allowance was not used. This change order will remove the $100,000.00 allowance from the contract. The additional time is added to the contract duration for rain days and field changes that affected the project critical path. IV. PAYMENT: No additional payment approved at this time. V. APPROVAL AND CHANGE AUTHORIZATION: Acknowledgments: The aforementioned change, and work affected thereby, is subject to all provisions of the original contract not specifically changed by this Change Order;and, The change in price and/or delivery date described,is considered to be fair and reasonable and has been mutually agreed upon in full agreement and final settlement of all claims arising out of the modification including all claims for delays and disruptions resulting from,caused by,or incident to such modifications and change orders. It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original contract other than matters expressly provided herein. RECOMMENDED BY: ACCEPTED BY: Quentin L.Hampton Associates,Inc. Mantles 0 ;9 Inc. Engni e ar (Contractor) By: >72e7/t L c• 19 (Authorized Signature) (Date) it,,; r,- Signature) (Date) Kevin A.Lee,P.E. vin Klaus,President APPROVED BY: City of Edgewater Owner) By: (Authorized Signature) (Date) (Authorized Signature) (Date) Tracey Barlow.City Manager WASTEWATER TREATMENT PLANT RENEWAL & REPLACEMENT CHANGE ORDER NO. 3 SUMMARY ITEM DESCRIPTION COST 1 RAS telescoping valve support 304 SS $600.00 2 Clarifiers No. 1 &2 Repairs $11,689.30 3 City Permit Fee over$5,000.00 Allowance $7,286.88 4 Allowance for Laboratory Equipment(not used) $(100,000.00) TOTAL $(80,423.82) 1 . 0> Brandes Design-Build, Inc. City of Edgewater Wastewater Treatment Plant Renewal and Replacement Change Order #12 We are pleased to offer this proposal to replace and or repair clarifier number 2 as requested: Replace the Scum Beach supports sandblast and paint $1,900.00 Install aluminum Sheet over Holes in stilling well $750.00 Straighten squeegees labor only $250.00 Replace the scraper mechanical and rubber 4 Req $6,126.64 Control Panels Supplied By City Chinchor Labor to install Control Panels $1,600.00 Total for all Changes $10,626.64 Brandes 0/P 10% $1,062.66 Grand total $11,689.30 Plus an additional 2 weeks added to our contract time If you have any questions please call me Regards ,, 2 -- _.. _.._ e Stev Rob rtson er Project Manager Brandes design Build - AGENDA REQUEST Date: May 27, 2014 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS June 2, 2014 ITEM DESCRIPTION: Tank Wagon Fuel Delivery Service BACKGROUND: As of March 22, 2014 our Tank Wagon Fuel Delivery Service provider Exum Energy was acquired by Lynch Oil Company, Inc. Our current contract is set to expire on September 30, 2014. Our current pricing has a markup of .1376 per gallon for all types of bulk fuel. In reviewing the necessary contract modification Lynch Oil Company has authorized us to piggyback with Osceola County's concurrence their agreement which has a term through September 30, 2015. Their contract has a markup of only .120 per gallon for all types of bulk fuel. This will provide savings of approximately $16,932 annually. STAFF RECOMMENDATION: Staff recommends entering into a service agreement with Lynch Oil Company, Inc, for the Tank Wagon Fuel services on an as-needed basis. Terms and Conditions will be per Osceola County bid AR-12-2326- DW dated January 9, 2012. ACTION REQUESTED: Motion to approve the City manager to execute a service agreement with Lynch Oil Company, Inc, for the Tank Wagon Fuel services on an as-needed basis per the terms and conditions per Osceola County bid AR-12-2326-DW dated January 9, 2012. 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/ bmitted, Concurrence: Johan McKinney Robin L. Matusick Fi•.nce Director Paralegal Ai Tracey T. .arlow City Ma.-ger r ..... , •it 0 I,' µ X01 NOTICE OF INTENT TO AWARD •: A% % January 2, 2012 ;; ` Re: AR-12-2326-DW Tank Wagon Fuel Delivery Service ,g�N 7'. ••• . � :-' To Whom It May Concern: The Osceola County Procurement Services Office hereby provides t46,f-. ,� ;.,. , notification of its intent to award the above referenced solicitation to'the -,. ;i .l' - below listed firm: Lynch Oil Company, Inc. Osceola County Government This Notice of Intent to Award is subject to final approval by the Board of County Commissioners or County Manager/ Designee, as applicable. Therefore, this Notice does not constitute the formation of an agreement between the County and the apparent successful bidder. The successful Procurement Services ,.bidder shall not acquire any legal or equitable rights relative to this Barbara Lawrence solicitation until an agreement, and/or purchase order, containing terms and Manager conditions acceptable to the County is duly approved and executed by the County. 1 Courthouse Square Suite 2300 In the event the apparent successful bidder fails to accept, negotiate, and Kissimmee FL 34741 execute the agreement with the County, at its sole discretion, the County 407-742-0900 may revoke the award and proceed to award to the next lowest, responsive and responsible bidder, reject all bids received, cancel the solicitation, and/or re-solicit at a later time. The County further reserves the right to cancel this Notice of Intent to Award at any time prior to execution of a written agreement and/or purchase order, as applicable. Thank you for your interest in doing business with Osceola County,Florida. We look forward to receiving your submittals in the;future. Sin ly, /, vt/ David Weston,Procurement Analyst Procurement Services Osceola County AGREEMENT THIS AGREEMENT is made by and between OSCEOLA COUNTY, a political subdivision of the State of Florida, 1 Courthouse Square, Kissimmee,Florida 34741, hereinafter referred to as the "COUNTY' and Lynch Oil Company, Inc., 1244 East Carroll Street, Kissimmee, Florida 34745,hereinafter referred to as the"CONTRACTOR". WITNESSETH: WHEREAS, the COUNTY has competitively solicited for Tank Wagon Fuel Services, pursuant to AR-12-2326-DW;and WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it is capable of providing the required services; and WHEREAS, the parties hereto have agreed to the terms and conditions cited herein based on said solicitation. NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein,the parties agree as follows: SECTION 1. TERM. The term of this Agreement shall begin on the date this Agreement is executed by the COUNTY and continue through September 30,2015. SECTION 2. SCOPE OF SERVICES. The CONTRACTOR will furnish and install all necessary labor, materials, and equipment to complete the services set forth in Exhibit "A" which is attached hereto and incorporated herein. SECTION.3. OBLIGATIONS OF THE CONTRACTOR. Obligations of the CONTRACTOR shall include,but not be limited to, the following: A. It is understood that the CONTRACTOR shall provide and pay for all labor, tools, materials, permits, equipment, transportation, supervision, and any and all other items or services, of any type whatsoever, which are necessary to fully complete and deliver the services requested by the COUNTY, and shall not have the authority to create, or cause to be filed, any liens for labor and/or materials on, or against, the COUNTY, or any property owned by the COUNTY. Such lien, attachment,or encumbrance,until it is removed, shall preclude any and all claims or demands for any payment expected by virtue of this Agreement. B. The CONTRACTOR will ensure that all of its employees, agents, sub- contractors,'representatives, volunteers, and the like, fully comply with all of the terms and conditions set herein, when providing services for the COUNTY in accordance herewith. C. The CONTRACTOR shall be solely responsible for the means, methods, techniques,sequences, safety programs, and procedures necessary to properly and fully complete the work set forth in the Scope of Services. D. The CONTRACTOR will maintain an adequate and competent staff, and remain authorized to do business within the State of Florida. The CONTRACTOR may subcontract the services requested by the COUNTY; however, the CONTRACTOR is fully responsible for the satisfactory completion of all subcontracted work. SECTION 4. STANDARD OF CARE. A. The CONTRACTOR has represented to the COUNTY that it possesses a level of knowledge,experience,and expertise that is commensurate with firms in the areas of practice required for the services to be provided. By executing this Agreement, the CONTRACTOR agrees that the CONTRACTOR will exercise that degree of care,, knowledge, skill, and ability as any other similarly situated contractor possessing.'the degree of skill, knowledge, experience, and expertise within the local area, working on similar activities. The CONTRACTOR shall perform the services requested in an efficient manner, consistent with the COUNTY's stated scope of services and industry standards. B. ,The.CONTRACTOR covenants and agrees that it and its employees,agents, sub- contractors, representatives, volunteers, and the like, shall be bound by the same standards of conduct as stated above. SECTION.5. COMPENSATION. A. The amount to be paid under this Agreement for services rendered will not exceed Five Hundred Fourteen Thousand and 00/100 Dollars($514,000.00) annually, for a total not to exceed amount of One Million Five Hundred Forty Two Thousand and 00/100 Dollars($1,542,000.00) for the term of this Agreement, in accordance 2 Rev 06/09 with the pricing schedule set forth in Exhibit "B" which is attached hereto and made>a binding part hereof. B. Compensation for services completed by the CONTRACTOR will be paid in accordance with section 218.70, Florida Statutes, Florida's,Prompt Payment Act. C. Services to be performed in accordance with this Agreement are subject to the annual appropriation of funds by the COUNTY. In its sole discretion, the COUNTY reserves the right to forego use of the CONTRACTOR for any project which may fall within the Scope of Services listed herein. In the event the COUNTY is not satisfied with the services provided by the CONTRACTOR,the COUNTY will hold any amounts due until such time as the CONTRACTOR has appropriately addressed the problem. SECTION 6. TERMINATION. Either party may terminate this Agreement, with or without cause, given thirty (30) days written notice to the other party. SECTION 7. PAYMENT WHEN SERVICES ARE TERMINATED. A. In the event of termination of this Agreement by the COUNTY,and not due to the fault of the CONTRACTOR, the COUNTY shall compensate the CONTRACTOR for all services performed prior to the effective date of termination. B. In the event of termination of this Agreement due to the fault of the CONTRACTOR, or at the written request of the CONTRACTOR, the COUNTY shall compensate the CONTRACTOR for all services completed, prior to the effective date of termination, which have resulted in a usable product, or otherwise tangible benefit to the COUNTY. All such payments shall be subject to an off-set for any damages incurred by the COUNTY resulting from any delay occasioned by early termination. This provision shall in no way be construed as the sole remedy available to the COUNTY in the event of breach by the CONTRACTOR. SECTION 8. INSURANCE. A. The CONTRACTOR shall maintain the following types of insurance, with the respective,limits, and shall provide proof of same to the COUNTY, in the form of a Certificate of Insurance prior to the start of any work hereunder: 3 Rev 06/09 1. AUTOMOBILE: a. Combined Single Limit: $300,000.00 per accident, 2. OR a. Bodily Injury $300,000.00 per person, AND Property, Damage: $100,000.00 per accident; 3. GENERAL LIABILITY: $1,000,000.00 each occurrence; 4. GENERAL AGGREGATE: $2,000,000.00; 5. EXCESS COVERAGE: $1,000,000.00;and, 6. WORKERS' COMPENSATION: Employers' liability insurance which covers the statutory obligation for all persons engaged in the performance of the work required ;hereunder with limits not less than $1,000,000.00 per occurrence. Evidence of'qualified self-insurance status will suffice for this subsection. The CONTRACTOR understands and acknowledges that it shall be solely responsible for any and all medical and liability costs associated with an injury to itself and/or to its employees, sub-contractors, volunteers, and the like, including the costs to defend the COUNTY in the event of litigation against same. B. The CONTRACTOR shall name the "Osceola County Board of County Commissioners"as a Certificate holder and/or as additional insured,to the extent of the services to be provided:hereunder, on all required insurance.policies, and provide the COUNTY with proof of same. C. The CONTRACTOR shall provide the COUNTY'S. Procurement Services with a Certificate of Insurance evidencing such coverage for the duration of this Agreement. Said Certificate of Insurance shall be dated and show: 1. The'name`of the insured CONTRACTOR, • 2. The specified job byname and job number, 3. The'narne-of the insurer, . 4. The number of the policy, 5. The effective date, 6. :The termination date, T. A statement that the insurer will mail notice to the COUNTY at least thirty(30) days prior to any material changes in the provisions or cancellation of the policy. 4 Rev 06/09 D. Receipt,of certificates or other documentation of insurance or policies or copies of policies by the COUNTY, or by any of its representatives, which indicates less coverage than is required, does not constitute a waiver of the CONTRACTOR's obligation to fulfill the insurance requirements,specified.herein. E. The CONTRACTOR shall ensure that any sub-contractor(s), hired to perform any of the duties contained in the Scope of Services of this Agreement, maintain the same insurance requirements set forth herein. In addition, the CONTRACTOR shall maintain proof of same on file and made readily available upon request by the COUNTY. SECTION 9. COUNTY OBLIGATIONS. At the CONTRACTOR's request, the COUNTY agrees to provide; at no cost, all pertinent information known to be available to the COUNTY to assist the CONTRACTOR in providing and performing the required services. SECTION 10. ENTIRE AGREEMENT. This Agreement, including referenced exhibits and attachments hereto, constitutes the entire agreement between the parties and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matters set forth herein, and any such prior agreements or understandings shall have no force or effect whatsoever on this Agreement. SECTION 11. APPLICABLE LAW,VENUE,JURY TRIAL. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in Osceola County, Florida. The parties hereby waive their right to trial by jury in any action, proceeding or claim,arising out of this Agreement, which maybe brought by either of the parties 'hereto. -SECTION 12. PUBLIC RECORDS. The CONTRACTOR understands that by virtue of this Agreement all of its documents, records,and materials of any kind,relating to the relationship created hereby, shall be open to the public for inspection in accordance with Florida law. 5 Rev 06/09 SECTION 13. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the CONTRACTOR, its employees, sub-contractors, representatives, volunteers, and the like, will be an independent.contractor and not an employee of the COUNTY for all purposes, including,''but not limited to, the application of the following, as amended: the Fair Labor Standards Act minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the State of Florida workers'compensation laws,the State of Florida;unemployment insurance laws, and the Florida Retirement System benefits. The CONTRACTOR will retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder. SECTION 14. APPLICABLE LICENSING. The CONTRACTOR,at its sole expense, shall obtain all required federal, state, and local licenses, occupational and otherwise, required to successfully provide, the services set forth herein. SECTION 15. COMPLIANCE WITH ALL LAWS. The CONTRACTOR, at its.sole expense, shall comply with all laws,ordinances,judicial decisions, orders, and regulations of federal, state, county, and municipal governments; as well as their respective departments,commissions, boards, and officers,,which are in effect at the time of execution of this Agreement or are adopted at any time following the execution of this Agreement. SECTION 16. INDEMNIFICATION. The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses incurred, by the COUNTY, caused by the acts and/or omissions of the CONTRACTOR, or any of its employees, agents, sub-contractors, representatives,: volunteers, or the like. The CONTRACTOR agrees to indemnify, defend and hold the COUNTY harmless for any and all • claims, .suits, judgments or damages, losses and expenses, including but not limited to, court costs, expert;witnesses, consultation services and attorney's fees, arising from any and all acts and/or omissions of the CONTRACTOR, or any of its employees; agents, sub-contractors, representatives, volunteers, or the'like. Said indemnification, defense, and hold harmless actions shall not':be.limited by any insurance amounts required:hereunder. SECTION 17. SOVEREIGN IMMUNITY The COUNTY expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set 6 forth in any section, article or paragraph of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of sovereign immunity or limits of liability which may have been adopted by the.Florida Legislature or may be adopted by the.Florida Legislature, and the cap on the amount and liability of COUNTY for damages,attorney fees and costs, regardless of the number or nature of claims in tort, equity or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Agreement;shall inure to the benefit of any third party for the purpose of allowing any claim against the COUNTY which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. SECTION 18. BANKRUPTCY OR INSOLVENCY. If the CONTRACTOR shall file a Petition in Bankruptcy, or if the same shall be adjudged bankrupt or insolvent by any Court, or if a receiver of the property of the CONTRACTOR shall be appointed in any proceeding brought .by or against the CONTRACTOR, or if the CONTRACTOR shall make an;assignment for the benefit of creditors, or proceedings shall be commenced on or against the CONTRACTOR's operations of the premises, the COUNTY may terminate this Agreement immediately notwithstanding the notice requirements of Section,6 hereof. SECTION 19. BINDING EFFECT. This Agreement shall be.binding upon and ensure to the benefit of the parties hereto, their heirs,personal representatives,,successors,and/or assigns. SECTION 20. ASSIGNMENT. This Agreement shall only be assignable by the CONTRACTOR upon the express written consent of the COUNTY. SECTION 21. SE,VERABILITY. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable;. it shall have no effect on any other provision of this Agreement. It is understood by the parties`hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida or the United States, the 'validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular.part,,term,or provision held to be invalid. SECTION 22. WAIVER. Failure of the parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions of this Agreement, or to exercise any right or option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, term, provision,condition,or right ofelection,but same shall remain in full force and effect. SECTION 23. NOTICE. The parties hereto agree and understand that written notice,mailed or delivered to the last known mailing address, shall constitute sufficient notice to the. COUNTY and the CONTRACTOR All notices required and/or made pursuant to this Agreement to be given to the COUNTY and the CONTRACTOR shall be in writing and given by way Of the United States Postal Service, first class mail,postage prepaid,addressed to the following addresses of record: COUNTY: : Osceola County Attention: Procurement Services 1 Courthouse Square, Suite 2300 Kissimmee,Florida 34741 CONTRACTOR: Lynch Oil Company,Inc. P.O. Box 450669 Kissimmee, Florida 34745-0669 SECTION 24. MODIFICATION. The covenants, terms, and.provisions of this Agreement may be modified by way of a written instrument,mutually:accepted by the parties hereto.In the event of a conflict between the covenants,terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence. SECTION 25. HEADINGS. All headings of the sections, exhibits, and attachments contained'in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions contained,in such sections,exhibits, and attachments. SECTION 26. ADMINISTRATIVE PROVISIONS. In the event the COUNTY issues a purchase order, memorandum, letter, or any other instrument addressing the services, work, and materials to be,provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument is for the COUNTY's internal purposes only, and any and all terms,prov'is'ions,and conditions contained therein,whether printed or written, shall in no way'modify the covenants, terms,and provisions of this Agreement and shall have no force or effect thereon. SECTION 27. CONFLICT OF INTEREST. The CONTRACTOR,warrants that the CONTRACTOR has not employed or retained any company' or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or 8 making of this Agreement. For the breach or violation of this Paragraph, the COUNTY shall have the right to terminate this Agreement immediately, without liability and without regard to the notice requirements of Section 6 hereof. SECTION 28. PUBLIC ENTITY CRIMES. As required by section 287.1.33,Florida Statutes, the CONTRACTOR warrants that it is not on the convicted:contractor list for a public entity crime.committed within the past thirty six (36)months. The CONTRACTOR further warrants that it will neither utilize the services of, nor contract with, any suppliers sub=contractor, or consultant in connection with this Agreement for a period of thirty six (36) months from the date of being placed on the convicted contractor list. SECTION 29. EMPLOYMENT ELIGIBILITY VERIFICATION(E-VERIFY) In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive Order 11-02; Verification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the CONTRACTOR must comply with the Employment Eligibility Verification Program ("E-Verify Program") developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR.52.222-54 (as amended) is incorporated herein by reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the CONTRACTOR must .(1,) enroll in the E-Verify Program, (2) use E-Verify to verify the employment eligibility of all new hires working in the United States, except if the CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only new hires assigned to the Agreement; (3)use E-Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include these requirement in certain subcontract, such as construction. Information on registration for and use of the E-Verify Program can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Vetify. SECTION 30. JOINT AUTHORSHIP. This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of any one of the parties hereto. SECTION..31. EQUAL OPPORTUNITY EMPLOYER. The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal opportunity eniployinent laws. The CONTRACTOR will further ensure that all sub-contractors it utilizes in providing the services required hereunder will comply with all equal opportunity employment laws. 9 SECTION 32. AUDITING;RECORDS,AND INSPECTION. In the performance of this Agreement, the CONTRACTOR shall keep books,,records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Throughout the term of this Agreement, books, records, and accounts related to the performance of this Agreement shall be open to inspection,during regular business hours by an authorized representative of the COUNTY, and shall be retained by the CONTRACTOR for a period. three years after termination or completion of the Agreement, or until the full County audit is complete, whichever comes first. The COUNTY shall retain the right to audit the books during the three-year retention period.. All books,records, and accounts related to the performance•.of'this Agreement shall be subject to the applicable provisions of the Florida Public Records,Act,,chapter 119, Florida Statutes. The COUNTY also has the right to conduct an audit within sixty (60) days from the effective date of this Agreement to determine whether the CONTRACTOR has the ability to fulfill its contractual obligations to the satisfaction of the COUNTY. The COUNTY has the right to terminate.this Agreement based upon its findings in this audit without regard to the termination provision set forth herein. SIGNATURE PAGE TO FOLLOW to IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement effective the day of ,2012. BOARD0V •3a - ex^ • .au - SSIONERS OS 6 A CO shism •m.. 0.1 I • �e - a,..46* ,• • ,AT EST: -`I r.,1!"i _ Clerk/Deputy rk of the Board Date: eCe... QcOUPCi O t/Q4/1 LYN ' 1 C 11V1 P ,.INC. By: /d_, s.L..L Print: / 1 41/ 21/44# Title: lie 1, 6:d-r- STATE OF FLORIDA COUNTY OF OSCEOLA The fore ing. ins ument s executed before me this I ay of „ ; •�r 2011, by fas/f ,4.r as /ems! -A of Lynch Oil Coinpanyic. ho personally swore or affirmed that he/she is authorized to execute this Agreement and thereby bind the Corporal'.-, .nd whom.- enall know . e OR has produced as identifi :tion. -fci/,.: iiA-0— k - N a • g PUBLIC,State of Florida (stamp) 04.1.x,, JAMES WELLS '' MY COMMISSION#EE074216 '-'?°%.' EXPIRES March 16,2015 ,.N (407)398-0153 Florida Notay$ervice com Exhibit"A" Scope of Services 1. Scope of Services: The Fleet Management Department is responsible for the administ"ration,,maintenance, repair and fuel of the COUNTY's vehicles and equipment. The COUNTY's fleet of vehicles and emergency generators'will require tank wagon fuel delivery services.. The CONTRACTOR shall provide tank wagon fuel delivery services to the COUNTY on an as-needed basis. This Specification establishes the minimum requirements for this solicitation, listed and described in the body of these specifications, to be used as noted, by the COUNTY. All sales derived from, the award of this solicitation shall be made in accordance with the terms and conditions and the bid prices as stated herein. 2. Project Manager:The COUNTY's project manager shall be Shawn Gourley, who shall have the responsibility for:managing the work performed under this Agreement. The COUNTY shall notify the CONTRACTOR in writing if there is a change in the project manager. The COUNTY's Contact Information: Osceola County Fleet Management 3860 Old Canoe Creek Road St. Cloud,Florida 34769 (407) 343-7154 3. Tank Wagon. Deliveries: The Contractor shall be adequately equipped, supplied and staffed to promptly and efficiently furnish deliver and dispense all products upon which bids are submitted. The COUNTY reserves the right to require affidavits of analysis on fuels delivered by the suppliers showing that said items meet specifications at any time during the contract period at no additional charge. All tank wagons making deliveries must be metered with the capacity to issue a printed delivery ticket, and equipped with sealed state approved compartment markers. 5. Fuel Delivery Sites: Exhibit"C" provides the COUNTY's current location of each fuel delivery site, the quantity of tanks, the capacity of the tanks, and the type of tank at that location (above ground, in underground). The COUNTY may add or delete fuel delivery sites as needed throughout the term of the Agreement. 6. Fuel Product List: a. Unleaded Gasoline 87 Octane Antiknock (octane) index Minimum 87, Maximum 10% ethanol, per ASTM Specification D4814, complying with state of Florida gasoline inspection laws. b. Unleaded Gasoline Premium 93 Octane Antiknock (octane) index minimum 93, Maximum 10% ethanol, per ASTM Specification D4814, complying with state of Florida gasoline inspection laws. 12 c. #2 Ultra Low Sulfur Diesel Fuel Grade No.2-D S15 — A general purpose,.middle,distillate fuel forr the use in diesel engine applications requiring a fuel with 15 ppm sulfur content (maximum),and per ASTM D975, complying with Florida Department of Agriculture and Consumer Services.standards 5F-2.001. d. #2 Ultra Low Sulfur Diesel(Off Road) High-speed/medium speed engine applications, and may be red dyed, per ASTM D975, complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001. e. Bio-Diesel B20 Blended(Off Road) Pre-blended fuel mixture consisting of twenty percent(20%) B 100 Virgin Soybean Oil or equivalent and eighty percent (80%) Ultra Low Sulfur Diesel (petroleum based). The Soybean component or equivalent is to be chemically esterified in accordance with recommended ASTM D-6751 standards so as to meet the optimum requirements of the Bio-Diesel blend. f. 85 Ethanol Per ASTM D-4806 Specifications, complying with state of Florida gasoline inspection laws. 8. Fuel Product Pricing: For petroleum motor fuels, 87, 89 and 93 octane gasoline, ultra low sulfur diesel fuel, undyed and dyed and E-85, the CONTRACTOR shall submit on the Bid Proposal Form a fixed discount or fixed mark-up price to be subtracted from or added to the Oil Price Information Service (OPIS) average price(s) per gallon posted for Orlando to arrive at the purchase price per gallon for each fuel type and/or grade listed. The formula for figuring E-85 ethanol biofuel shall be 83% of E-100 OPIS plus 17% of E-10, 87 octane OPIS. Note: All grades of gasoline petroleum motor fuels as referenced above are E-10 when sourced from the Orlando Terminal. For and B-20 biodiesel biofuel, the CONTRACTOR shall submit on the Bid Proposal Form a fixed discount or fixed mark-up price to be subtracted from or added to the OPIS Wholesale Rack Biodiesel Prices for the Orlando or Miami terminal rack average price as published in the OPIS'Ethanol & Biodiesel Information Service newsletter for Thursday of each week. At the time of this solicitation, the Orlando Terminal does not stock B-20 biodiesel motor fuel. Consequently, the rack average for the Miami Terminal shall be used until such time as the Orlando Terminal does stock B-20 biodiesel. At the time that the Orlando Terminal begins to stock biodiesel,the rack average for B-20 for the Orlando Terminal shall be used to determine the final price for biodiesel motor fuels ordered by the COUNTY. • The fixed discount/mark-up shall remain firm during the entire Agreement period and each subsequent twelve (12) month period agreed upon, and shall include, but not be limited to profit, overhead, drop charges, split delivery charges, delivery charges, pump 13 charges, freight charges and all other costs incurred by the CONTRACTOR, with the exception of fees and taxes, for delivering-fuel to those locations listed on Delivery Schedule Exhibit "H", plus any locations that may be added to the Agreement at a later date,to include other.governmental agencies located within Central Florida. The day's final OPIS prices(s) per gallon posted for Thursday of each week shall be utilized to arrive at the purchase price per gallon of fuel(s) delivered the following Sunday through Saturday. The COUNTY receives the Thursday final OPIS Wholesale Rack prices directly from OPIS. EXAMPLE: OPIS price(s) posted Thursday, May 12,.2011 shall be utilized to arrive at the purchase price per gallon for fuel(s) delivered Sunday, May 15, 2011 through Saturday, May 21,2011.. In instances where a Thursday is a holiday, i.e. Thanksgiving, the day's final OPIS price(s)posted for the Wednesday preceding that Thursday holiday shall be used. The CONTRACTOR. shall be responsible for correctly invoicing each agency/entity utilizing this Agreement. Taxes shall be listed as separate line items on all invoices. The COUNTY requires a firm price for the entire Agreement period. Invoices will be reviewed to confirm compliance with quoted pricing. Failure to hold prices firm shall be grounds for immediate termination of the Agreement. 9. F.O.B. Point: The F.O.B.point shall be a destination within Osceola COUNTY. The bid shall include all costs of packaging, transporting, delivery and unloading to designated point within Osceola County. 10. Delivery Time Delivery time is of the essence in the award of this Invitation for Bid. Delivery shall be no later than one (1) calendar day from receipt of delivery order, Monday through Friday,unless other arrangements have been made with the ordering agency/entity. The CONTRACTOR is required to contact each location prior to delivery to make arrangements for an agency/entity representative to be present at time of delivery. The CONTRACTOR must contact all other agencies/entities utilizing this Agreement'to obtain their ordering procedures. Bids submitted which fail to meet this requirement shall be cause for rejection. Failure of the awarded CONTRACTOR to meet this delivery requirement shall result in default and immediate termination of the delivery order or Agreement. It is -hereby understood and mutually agreed to by and between parties hereto that the time of delivery is an essential condition of this Agreement. 11. Spillage: The,CONTRACTOR shall be fully responsible for any errors or mistakes that require clean up or ground sterilization. The Contractor will,be responsible for prompt and'thorough cleanup of all spillage per EPA specifications and for any agencies'fines or fees for any contamination that result from improper delivery of fuel. 14 12. Removal of Unsatisfactory Product: All petroleum products shall be carefully loaded and protected during transportation and delivery. Any petroleum products, which before their final acceptance shall be found to be unsatisfactory., shall be removed and replaced by satisfactory products by and at the expense of the bidder. 13. New Items and/Or Options: New fuel products and/or options may be included in this bid if they are standard items and/or options for this commodity. Fuel products and other items inadvertently left off the price sheet may be viewed as an option not known to exist at the time this bid was sent out,but are now available as an additional option. 14. Delivery Terms: Time is of the essence in the performance of this Agreement. It is necessary that the COUNTY return vehicles to productive service as soon as possible. The CONTRACTOR shall communicate to the COUNTY any delays in the fuel delivery services. If the CONTRACTOR cannot perform, the fuel delivery services in a reasonable length of time due to current work load or other factors; the COUNTY reserves the right to select another CONTRACTOR to perform the services. 15. Most Favored Customer: The COUNTY seeks and demands to be the most favored customer of each CONTRACTOR who does business with the COUNTY. The "most favored customer" is a customer or category of customers that receives the best discounts from the CONTRACTOR's commercial price list when purchasing quantities comparable to the COUNTY's under similar terms and condition. The CONTRACTOR agrees to provide the COUNTY discounts from the CONTRACTOR'S commercial price list that are equal to or greater than the CONTRACTOR's most favored customer. 16. Price Reduction Clause: The COUNTY will invoke the price reduction clause if the CONTRACTOR violates the contractually agreed upon pricing/discount relationship by offering a•(better)discount to a most favored customer. The COUNTY will then request a price reduction from the date the violation took place. The CONTRACTOR will owe the COUNTY a.discount proportionately equal to that given themOst favored customer. 17. Non-Exclusivity Clause: Nothing herein is intended nor shall be construed as creating any all-encompassing arrangement with the CONTRACTOR. This Agreement shall not restrict the COUNTY from acquiring vehicle parts, maintenance, and repair services for heavy duty trucks, fire trucks, and construction equipment utilized by the COUNTY from. other contractors,service providers,vendors,or sources. 18., Public Emergencies: The COUNTY shall require a "First Priority" for goods and services during,,and after a public emergency, disaster, hurricane,tornado, flood,or other .acts of God. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety as determined by the COUNTY. The Bidder agrees to rent/sell/lease all goods and services to the COUNTY or governmental entities on a "first priority" basis. The COUNTY expects to pay a fair and reasonable price for all products and services rendered or contracted in the event of a disaster, emergency,hurricane, tornado,flood,or other acts of God. 15 Exhibit"B Pricing Schedule ,"z 7®` s ,Q © , RACTO 's Bid r'' 1 Unleaded Gasoline 87 Octane plus$0.12/per gallon 2 Unleaded Gasoline Premium 93 Octane plus$0.12/per gallon 3 #2 Ultra Low Sulfur Diesel Fuel plus$0.12/per gallon 4 #2 Ultra Low Sulfur Diesel (Off Road) plus$0.12/per gallon 5 Bio-Diesel B20,Blended(Off Road) plus$0.17/per gallon 6 85 Ethanol plus$0.18/per gallon 16 7 www.sunbiz.org-Department of State Page'1 of 2 FLORIDA DEPARTMENT T OF STATE D IVIS'I ?i 01 C ORPORAI`IONS Home Contact Us E Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search No Events No Name History ubrnit Detail by Entity Name Florida Profit Corporation LYNCH OIL COMPANY, INC. Filing Information Document Number 575094 FEI/EIN Number 591840858 Date Filed 06/08/1978 State FL Status ACTIVE. Principal Address 1244 E.CARROLL ST. KISSIMMEE FL 34744 Changed 03/30/2009 Mailing Address 1244 E.CARROLL ST. KISSIMMEE FL 34744 Changed 01/19/2011 Registered Agent Name & Address LYNCH,BRADLEY C 1244 E.CARROLL ST. KISSIMMEE FL 34744 US N a m e.Cha nged:03/30/2009 Address Changed:03/31/1992 Officer/Director Detail Name&Address Title P LYNCH,BRADLEY C 1244.E CARROLL ST. 'KISSIMMEE FL.34744 Annual Reports Report Year Filed Date 2009 03/30/2009 2010 02/22/2010 2011 01/19/2011 Document Images 01/19/2011 -ANNUAL REPORT ' Vieux Imageih0_ formatr 1 02/22/2010--ANNUAL REPORT : mew image in PDF=forma 03/30/20.09--ANNUAL REPORT f Yew imagel DFformat ' . http://www.sunbiz.org/scrip'ts/cordet.exe?action=DETFIL&inq_doc_number=575094&inq... 12/2/2011 • www.sunbiz.org- Department of State Page 2 of 2 • . • 03/13/2008--ANNUAL REPORT . - • 03/01/2007--ANNUAL REPORT Emi:;ii;iatioiede 411.212Q06..--.ANNUAL REPORT in -DF,_!Aft • 03/02/2005--ANNUAL REPORT 0?./12/2004.=_ANNUAL REPORT_ 04/14/2003--ANNUAL REPORT :,.,11°.='viell#1160 ifitgE 05/2312002----ANNUAL REPORT 14;;;;"r\Wew14,01,11C-P•9,49:0A1.77i 04/27/2001 —ANNUAL REPORT 05/03/2000--ANNUAL REPORT r format Aø 03/02/1999--ANNUAL REPORT -.,i;:....'',1,JOiv;iigeDkP15-:.b:rr*,1:.,ic:7::151 03/111199$-7 ANN.QALREPQK L .*nig OtratiF' 02/14/1997--ANNUAL.REPORT ageinPDF iat , 04/17/1996--ANNUAL REPORT K7::;;A 02/Z0/1995 -..IANNUAL..REP013i1 -!er".<7T6131610 foril* Note:This is not official record.See documents if question or conflict. .--,--- • , Provious on List. Next on List Return To List Entity Name Search No Events No Name History I Home I Contact js Document Searcnes l EFlilsa Services Forms HeIr I Coviqh /. anti Prvacy Policies State cf•Fltrota,Department of State • http://www.sunbiz.org/scripts/tOrdeteke?action=DETFIL&inq_clonurnber=575094&ing... 12/2/2011 ---�7, OP 10:KT /YCOA''®. DATE(MMIODNY.YY)' CERTIFICATE OF LIABILITY INSURANCE 12/08111 THIS CERTIFICATE IS;ISSUED.AS,A MATTER OF INFORMATION ONLY AND'CONFERS NO RIGHTS..UPON THE.CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND-OR ALTER THE:COVERAGE AFFORDED BY THE POLICIES BELOW:, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE'A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED • REPRESENTATIVE OR;PRODUCER,;AND THE'CERTIFICATE HOLDER. IMPORTANT:: lithe certificate holder is an'ADDITIONAL INSURED,the policy(ies)must be eridorsed. ILSUBROGATION IS WAIVED,subject to the terms,'and•conditions of the;policy;,certainrpolicies may require an endorsement A statement on this;'certificate does not confer rights to the 'certificate holder In lieu of such endorsement(s). PRODUCER 407-644-5722 CONTACT Lykes Insurance,Inc.-WP 407-628-1363 PHONE I FAX (q�N o.Est): IA/C,No): P.0.Box'2703 E 1AAIL Winter4Park,FL 32790 ADDRESS: Mike,D.Johnson E093634 CUSTOMER IDp:LYNCH-2 INSURER(S)AFFORDING COVERAGE NAIC# ;INSURED Lynch Oil Company,Inc. INSURER A;ZUriCh North.America 16535 P.O.Box 450669 • INSURERSB.:Bridgefield Employers,Ins Co. 10701 Kissimmee,FL 34745 INSURER C.:General°Star Indemnity Company INSURER D.; INSURER E: - - INSURER F: COVERAGES CERTIFICATE:NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE'LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT; TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE;AFFORDED BY THE POLICIES,DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUM -POLICY EFF. POLICY EXP'. LTR TYPE OF INSURANCE INSR WVD -_POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CPO9402234-01 DAMAGE TO RENTED 05/01/11 05/01/12' PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE © OCCUR MED EXP(My one person) $ 5,000 , PERSONAL 8 ADV INJURY $ `1,000,000 • GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMB APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 . POLICY F-1 78- I n l Loc Empi Benf $ 1,000,000 ,AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) . A X ANY AUTO . CP09402234-01 05/01/11 05/01/12 '_BODILYINJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE A X HIRED'AUTOS CP09402234-01 05/01/11 06/01/12 (Per accident) $ A X NON-OWNED AUTOS CP09402234-01 05/01/11 05/01/12 - $ UMBRELLA LIAB X 'OCCUR EACH OCCURRENCE $ 6,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 6,000,000 C 1UG410939A 05/01/11 05/01/12 ' DEDUCTIBLE _ $ X -RETENTION $ 10,000 $ 'WORKERS¢OMI?ENSATION X ITORYLAMU- I I°ER AND EMPLOYERS•LIABILITY Y,RN B •ANY PROPRIETORIPARTVERIEXECURVE N CA 581805-00 06/01/11 .05/01/12 EL EACH ACCIDENT $ 1,000,000 'OFFICER/MEMBER EXCLUOED7. '•(Mandato_ry.If;NH) E.L,DISEASE-EAEMPLOYEE $' 1,000,000 Ifyes,:describe.under.-. ; •DESCRIPTION`OF OPERATIONS below E.L'DISEASE-POLICY LIMIT $ 1,000,000 .A PIP' CP00402234-01 05/01/11 05/01/12 Limit' 10,000 _ DESCRIPTION'OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mare space-Is required) Job :AR 12-2326 DW`Tank Wagon Fuel'ServIce. ' 30 Days notice of cancellation'ormatelial change applies-(10 days for nonpayment<of premium)'. CERTIFICATEIHOLDER: . CANCELLATION • OSCEICO • • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE -THEREOF, NOTICE WILL BE DELIVERED IN Osceola,County ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 1 Courthouse Square,Ste 2300 AUTHORIZED REPRESENTATIVE Kissimmee,FL 34741 M 1 . ©1988.2009.ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD' AR-12.2326-DW Due Date&Time:Nov 22,201i 02:00 P.M. Advertised Date:October 14,2011 Procurement Representative:David-Weston Respond to:1 Courthouse Square,Suite 2300,,Kissimmee,Florida 34741 ,Email awes@osceola.org . Phone:(407)742-0900 Fa• (407)742-0901 fide:Tank Wagon Fuel Delivery Service • ATTACHMENT"G" ndor•Demographics Survey r / Company Name j._ t'°!.. Company Address f!i P City,State,and" rp . gAIW— ' Telephone: ei _°' Fix: '. : /: / ?>C-O. c• -�-. 1. How many people comprise'your workforce? 3 CO 2. Based on your current•workforce,how many employees are residents of()koala County? 2'1 3. Is your company currentlycertified as a minority,woman,or service-disabled veteran owned business(MWBE or SDVBE)with Osceola County/,(For more info,call(407)742-0900 prior to bid due date.) Yes 'No If yes,please enclosea copy of your Certificate with your bid submission. 4. Based on your total workforoe,please provide the number of workers your company employees by the ethnic affiliations listed'in the chart below: Male Female Hispania 1.Latino Caucasian[White 1 African American/Black Asian/',Pacificislander Ameriean.Indian/Native American ;Thank you for participating in this survey. PPreparer siName(grin; ease): . L,0eA Preparer's Signature Date: X \ 11.4/ 1 County+Staffuse Solicitation;No: Only Percentage of Local,.Employees Percentage.of Female and Minority Employees Rev July 2010 Page-27-