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10-03-2016 - Regular (2) City of ewa Ed ter 104 N.Riverside Drive ` ! g Edgewater,FL 32132 EDGE%YATER1 Meeting Minutes City Council Michael Ignasiak,Mayor Christine Power,District 1 Gigi Bennington,District 2 Dan Blazi,District 3 Gary T.Conroy,District 4 Monday,October 3,2016 6:00 PM Council( ham hers 1. CALL TO ORDER, ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION Present: 5- Mayor Mike Ignasiak,Councilwoman Christine Power,Councilwoman Gigi Bennington, Councilman Dan Blazi,and Councilman Gary Conroy Also Present: 3- City Manager Tracey Barlow,City Clerk/Paralegal Robin Matusick,and City Attorney Aaron Wolfe 2. APPROVAL OF MINUTES-None at this time 3. PRESENTATIONSIPROCLAMATIONSIPLAQUES/CERTIFICATES/DONATIONS lir a. AR-2016-2070 Proclamation presented to PFC Michael Manley of the Atlantic Coast Young Marines reflecting the City of Edgewater's encouragement and support of Red Ribbon Week during the week of October 23- 31, 2016 which is a nationally recognized illicit drug awareness event. This Presentation was received and filed. 3.a. Proclamations Presented Outside Chambers-None at this time 4. CITIZEN COMMENTS Leo Towsley, 2828 Unity Tree, asked Mr. Barlow when you sent John McKinney down to make the deal with the neighbors behind Hamilton, so they wouldn't complain about the border of the wall being on their property, was that taxpayer's money or did that come out of your own pocket? Mr. Barlow replied, regarding Mr.McKinney, he went down there and evaluated the situation, interviewed the neighbors, and ordered a survey, to understand where the city boundaries are, there's been no deal made and no money exchanged, Mr. McKinney stated the survey was done last Thursday, the city hasn't received the survey yet, discussion followed on the process and resolving the issue. Nicholas Szegda, 106 Orange Ave, informed Council about the Skywarn Program, Scott Spratt of the National Weather Service has agreed to host a class again between January and March of next year and wants as much attendance as possible, Councilwoman Power stated she is certified in this class, Mr. Szegda explained it's a class to learn how to report weather events, such as how much rain collected, size of hail, tree limbs down, etc. Discussion followed planned on two classes, one for city employees and one for the public. Cih of Edgewater Page 1 Printed on 11/23/2016 City Council Meeting Minutes October 3. 2016 5. APPROVAL OR CHANGESIMODIFICATIONS TO THE AGENDA City Manager Barlow requested to move 7.b. to 8.c. -Lease from American Capital. 6. CITY COUNCIL REPORTS Mayor Ignasiak reported: attending the debates at the Brannon Center; the Pavilion dedication at Rotary Park to Gary Butt;Edgewater Public School Bring Your Dad to School Day. Councilwoman Power stated: attended Team Volusia Executive Board meeting; River to Sea TPO Meeting Turnbull Bay Bridge being voted on to be funded by the TPO. Councilwoman Power told Councilman Conroy that she did not like reading on Facebook what she is personally thinking, because Mr. Conroy doesn't know what she is thinking, and doesn't like seeing her name posted on Facebook and that she's not thinking about the people in the City of Edgewater. Mr. Conroy responded he didn't know what she was talking about, she responded then you're not as smart as your wife looks, he said well that's an insult, so explain yourself, don't throw personal darts at me, don't look at anyone else, look at me, you want to talk to me, talk to me, Councilwoman Power responded the fact that you named off all of the Council members that voted no on the rate thing and • you were the only one that was thinking about the people in the City of Edgewater, the retired people and the working families, do you deny that? Councilman Conroy said no, he didn't because Councilwoman Power didn't when she voted yes, because she was not thinking about those people, that's his opinion and he can have it, Councilwoman Power responded, yes but you posted it on something that there's no rebuttal. Councilman Conroy said not everything is real on social media, Councilwoman Power said she agrees with that. Councilman Conroy countered that you and Gigi used your authority to endorse my opponent, which is kind of repugnant, you don't use your position to endorse, Mr. Conroy thinks that is despicable that you did that. Councilwoman Power replied, if you were thinking about the people, as you say you were, then maybe you would have had some comment in the how long rate study, where we had an outside company come in and go over what the rates were going to be, you had zero comments with that and when we voted on it, you had more comments on Facebook than you did sitting in the Chambers. Councilman Conroy retorted that anything he says here, you're not going to listen to. Councilwoman Power responded that was not true at all. Councilman Conroy said because you have an agenda against me, all of you up here do and also the city staff he also stated that in his 29 years of living in Edgewater, he's never seen City Council and City staff have helped people run, and they are candidates. Last year, stuffing backpacks, it was me and my wife, nobody on this dias did anything last year, but it's an election year. That's social media, that's my site, I'll say what I want, if you don't like it, don't read it. If you voted for an increase, you're wrong and you are not thinking of seniors, you're not thinking of working families,you would have said no. Mayor Ignasiak responded that it is a first amendment issue, he's right it is social media, you don't have to read it,you don't have to agree with it. Councilman Conroy asked what is your position that you're wearing a City of Edgewater pin at a 4.0 function and you're using your position? Councilwoman Power replied that just identified who she was, nothing more City of Edgewater Page 2 Prrnted on 11%23/2016 ilkof City Council Meeting Minutes October 3,2016 7. CONSENT AGENDA City Manager Barlow requested to move Item No. 7b to 8c-Lease from American Capital. A motion was made by Councilwoman Power, second by Councilman Blazi, to adopt the CONSENT AGENDA with Items 7a & 7c. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy a. AR-2016-2109 Engineering and Bidding Services for the Reclaimed Water Main Extension Phases 1,2 and 3 b. AR-2016-2120 Capital Lease Agreement with American Capital for the FY2017 Light Duty Vehicles Moved from 7b to 8c Resolution No. 2016-R-34. c. AR-2016-2122 Revision of the Community Development Block Grant (CDBG) - FY2016/2017 Capital Improvement Project Applications 8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS 400 a. 2016-R-32 Resolution No. 2016-R-32- Adoption of Title VI - Non-Discrimination Plan and Assurance City Attorney Wolfe read Resolution No. 2016-R-32 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Power, to adopt Resolution No.2016-R-32.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy b. 2016-R-33 Resolution No.2016-R-33 Purchasing Policy City Attorney Wolfe read Resolution No. 2016-R-33 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to adopt Resolution No.2016-R-33.The MOTION was APPROVED by the following vote: 460 Yes: 5- Mayor Ignasiak.Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy City of Edgewater Page 3 Printed on 11/2 2016 City Council Meeting Minutes October 3,2016 8.c. 2016-R-34 8c-Capital Lease Agreement Resolution No.2016-R-34 City Attorney Wolfe read Resolution No. 2016-R-34 into the record. City Manager Barlow and Assistant City Manager John McKinney made a staffpresentation. City council and staff discussed, vehicles haven't come in yet, carrying over to new fiscal year. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Ordinance No.2016-R-34.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy 9. BOARD APPOINTMENTS a. AR-2016-1748 Recreation & Cultural Services Board - Councilwoman Bennington's appointment due to resignation of Debra Sopko. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to accept the recommendation of the Board to appoint Glen Powers to the Recreation and Cultural Services Board.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power.Councilwoman Bennington,Councilman Blazi and Councilman Conroy b. AR-2016-2073 Citizen Code Enforcement Board - Councilman Blazi's appointment due to the expired term of Ed Corn who is not seeking reappointment A motion was made by Councilman Blazi, second by Councilwoman Bennington, to nominate Jennifer Reynolds for appointment to the Citizen Code Enforcement Board. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy c. AR-2016-2094 Planning and Zoning Board - Appointment due to the expired term of Pat Card, who is seeking reappointment. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to nominate Mr. Pat Card for reappointment to the Planning and Zoning Board. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy 10. OTHER BUSINESS 4100 a. AR-2016-21 16 ITB 16-ES-002-US Hwy#1 and SR#442 Landscape Beautification Project City of Edgewater Page 4 Printed on 11/23/2016 City Council Meeting Minutes October 3,2016 City Manager Barlow made a staff presentation. Council and staff discussed, how great the medians look, and compliments from our residents. A motion was made by Councilman Blazi, second by Councilwoman Bennington, to approve AR-2016-2116.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy b. AR-2016-2118 Construction Engineering and Inspection Services (CEI) for the US I and SR 442 Landscape Beautification Project City Manager Barlow made a staff presentation. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve AR-2016-2118.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power.Councilwoman Bennington,Councilman Blazi and Councilman Conroy 11. OFFICER REPORTS a. City Clerk 4110 Ms. Robin Matusick reported going to a Clerk's Association Conference Sunday and will return late Thursday night, but will be available by phone./email. b. City Attorney • Nothing at this time. c. City Manager Memorandum of Understanding Southeastern Utility Service Area Feasibility and Rate Analysis approve City Manager execution and our portion of $18,000 for the survey; Council and staff discussed benefits. Consensus of Council to move forward with the agreement. City Manager requested authority to sign Municipal Transport Program, Council and staff discussion followed, Sewer break on South Riverside Drive, one home affected, working on quotes for a contractor to come in and repair, back online and there will be an insurance claim filed, failed because it's old, clay pipe. Nine employees went to Emergency Management Institute/FEMA training on Disaster Recovery. 12. CITIZEN COMMENTS Leo Towsley, 2828 Unity Tree, asked how many years Randy Coslow had as an engineer before City of Edgewater Pages Printed on 11/2370/6 City Council Meeting Minutes October 3,2016 coming to work for the City?Staff answered ten years. Nicholas Szegda, 106 Orange Ave, asked what were the utility rates that went up? Was that structured over a certain number of years? What was the actual increase? Mr. Barlow responded every five years we do a Utility Rate Study, back in 2011 there was a rate study, and it established what the rates would be for the next five years, in 2015 a different rate consultant was hired, reconfirmed what the last rate consultant did and did a projection for the next five years, it's about a 6.72% increase over last year, which equates to $5.06 per month; where sidewalk was redone, there is a curb on one side, vehicles are hitting the sidewalk, which will eventually cause damage, who handles that? Mr.Barlow stated Florida Department of Transportation is responsible. Corrie Sapp, Sapp Realty, 102 Louisa stated she dealt with Environmental Services, Grant and Becca, they need to be acknowledged they did a fantastic job. Councilwoman Power gave some water conservation tips, such as turning of water when brushing teeth,purchasing a low-flow shower head,putting a gallon container in toilet tank 13. ADJOURN There being no further business to discuss,Mayor Ignasiak adjourned the meeting at 7:17 p.m. Minutes submitted by: (1.0 Tonya Vanek,Record's Clerk ATTEST: APPROVE : / Robin Matusick, City Clerk/Paralegal Mike Ignasiak Mayo Cie)of Edgewater Page 6 Printed on 11/23/2016 C i ti Z-015 CkYrr1.M.Q11; Lk.0 I,1116- 4 ,z4 .00090,-Ar--- - 4. lilt* ...44-------,.. ..,.. --4„,‘,.......N. 4.A. ..4.4-. itt . .., rj1- 10. 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'1, , -...;(:-';'-zef.'"C'1.....•';::.,..i'''',...."'11 Si"-':2,,_„,,-- 1.'"-2".'''...:. .. 7'Ilt.'"41!:—•::-..: • y. s '••••"" • .. t > 't }' •fir 4t• !� i. _i. lit r ....,.,4r„,,_ -,-!,:,- . ..:1\ 'l NWS SKYWARN jai- age 1 of 1 www.nws.noaa.gov ationa "eat er ervice lit ALte, ,DPP ' •► S KYWA R N TMk. eie Home News Organization Search Search Home What is SKYWARN®? NWS Home Page The effects of severe weather are felt every year by many Americans.To obtain StormReady critical weather information. NOAA's National Weather Service(NWS), part of the U.S. Department of Commerce,established SKYWARN®with partner TsunamiReady organizations.SKYWARN®is a volunteer program with between 350,000 and 400,000 trained severe weather spotters.These volunteers help keep their local Turn Around Don't communities safe by providing timely and accurate reports of severe weather to Drown the National Weather Service. Slf YWARN Although SKYWARN®spotters provide essential information for all types of NOAA All Hazards weather hazards,the main responsibility of a SKYWARN®spotter is to identify Weather Radio WEATHER.GOVa and describe severe local storms.In the average year, 10,000 severe thunderstorms,5,000 floods and more than 1,000 tornadoes occur across the NOAA Publications United States.These events threatened lives and property. Local Contacts Since the program started in the 1970s,the information provided by SKYWARN®spotters,coupled with Doppler radar technology, improved satellite and other data, has enabled NWS to issue more timely and accurate warnings for tornadoes,severe thunderstorms and flash floods. VSA.IMP SKYWARN®storm spotters are part of the ranks of citizens who form the Nation's first line of defense against "md `kat severe weather.There can be no finer reward than to know that their efforts have given communities the precious gift of time—seconds and minutes that can help save lives. Who is Eligible? NWS encourages anyone with an interest in public service and access to communication,such HAM radio,to join the SKYWARN®®program.Volunteers include police and fire personnel,dispatchers,EMS workers,public utility workers and other concerned private citizens.Individuals affiliated with hospitals,schools,churches. nursing homes or who have a responsibility for protecting others are also encouraged to become a spotter. How Can I Get Involved? NWS has 122 local Weather Forecast Offices.each with a Warning Coordination Meteorologist,who is responsible for administering the SKYWARN®program in their local area.Find a class in your area:Training is free and typically last about 2 hours.You'll learn: • Basics of thunderstorm development • Fundamentals of storm structure • Identifying potential severe weather features • Information to report • How to report information • Basic severe weather safety SKYWARN®is a registered trademark of NOAA's National Weather Service. Rules for the usage of the SKYWARN®name and logo are available here. Skywam Home. NWS Home Page,StormReady TsunamiReady Turn Around Don't Drown, NOAA All Hazards Weather Radio, NOAA Publications,Local Contacts, NOAA,National Weather Service Disclaimer Privacy Policy Office of Climate,Water,and Weather Services Credits About Us 1325 East West Highway Glossary Career Opportunities Silver Spring,MD 20910 Questions,Comments? http://www.nws.noaa.goviskywarn/ Last Updated:February 29,2016 http://www.nws.noaa.gov/skywarn/ 10/3/2016 C CD a) o o 1 CZ0 6o 0 -2 > o U L a) V) � U c � Nu) L p t)CD Z i- cu L "E".CaM Ccr3 U) a) (f)U .5p ° UpO N >+ C 2 U C (,)U a'> L) � z L a) io>. CO aQ O caR � caC � CTrl N 11::: ■ — p a)aV CO co '4(' O > N U 'a 2 OZ 0 = . p cQo0O N< IL: 1:3 c 0N c (/) CN1 3ec o O U c� La5 5: c 3 / ) \ / V .15J S. mina G) cri ^` , 2 3 t C cl)c pci) : ,.._;,= 0>CZTu o .aor3 � C) ca' CDC E m � WCDl' ' c n C " • a' ct 0a O EcO N �a. 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',.. a , _b,s-- Aaf..,.. , - ft ., , ; ---' Re L - Tt- • Afri,414k wf . -,- 1-,..—„Jr .. .4,fr.„ 44-- 44, ,f ,. i 4 . - ,,,, „. i „„rc.,,.. ,.• 11161, .4- fainiN fun at c,tikr, natik, (-4 51)aelie yireA Admission is One Non-Perishable Food Item Per Person HAWKS PARK YMCA 1108 S. Ridgewood Ave. 148 W. Turgot Ave. slik * 6ft I I 1 k S Ot It A k I]t flit% 4 4ciateA,'41* I ..-- 6:00-9:00 pm 6:00-8:00 pm t„,the, G. 1 1 1. .1 J l's-Aitirte) lintest . ..- -- 8:00 pm 7:00 pm • .4 Ages z Infant- 12 years ....... A • — 1 0::,. - • 1... .4.-4... • .1 a 't I'S 9 Ilk IA. lu, 7."..' • • ,id yr 6,„ .4, .i ' "-Z.' V, 11101 '•%••-• #ft iiw64.1 _ 11 4 Ili 1 , if 1 .41 r m iir ....„., The Volusia County School Board Is Not Affiliated Ti (Ble One or More Members of City Council or With This Event In Any Manner,Nor Does It Other Advisory Boards May Be Present Endorse Or Assume Any Responsibility For Any I Pdr. T'V FOR MORE EVENT INFORMATION CONTACT: Activities Which May Occur In Connection With it. `FP2s7 . thpi SpeeialEvents@CityofEdgewa ter org mass assrmsc num ; � , 7 OCTOBER EDGEWATER1 ( C..;) ril- _ 11 , . 6:00-9;00pm 40 . v.., ..,,,,, ,,,_ e aj, , ..._ .. __, _„ ,_,„,_ .... ..,,,.. „,,,, ... .,,,,,,,..u. .. .. , Ir 4Or- .. ;N:' 41. .z+, -itii: td� � or _,i ..4}4' 4.,.... ce 4- . ,:i.-- Calling All Local Businesses, Churches & Civic Organizations. You are Invited to Participate in the Fall Festival Trunk or Treat! SET UP BEGINS AT 5:00 p.m. EVENT BEGINS AT 6:00 p.m. 4 , 4 TRUNK OR TREAT SIGN UP •�• Alt •':, orr12'Glt ,� •. ':.' NAME • jp %ag1. e. 11 % ' 0 ' - PHONE .. • ......._s • • , ip 9 N, ‘411111M%mmiendirdY ill. • E-MAIL Submit Sign llp Sheets via Fax at (386) 424-2421 or E-Mail to SpecialEvents@aCityofEdgewater,org :2.,, , . - ' kt•t•. 4. .• '4.. • • MO YACii, 0‘.4 ........• 4 14111i / i , For Additional information, Contact SpeciaiEverits@CityoiEdgewater.org -v AMENDED COUNCIL AGENDA ITEM SUBJECT: Resolution No.2016-R-34 Amended FY2016- 17 Budget and Capital Lease Agreement DEPARTMENT: Finance SUMMARY: Vehicle Lease for the 2017 Light Duty Vehicles approved in the FY2017 and authorized by Council to order at the May 2 and August 3, 2016 Council meeting. Per the Purchasing Policy Section VII Quotations and Bid, Procedure for Soliciting for bids Lease Finance Agreements utilized for competitively bid items up to and including $750,000 shall require a minimum of three quotes. The total cost for the vehicle lease shall not exceed$495,511. FY2017 Vehicles to be purchased: The bids received are as followed: Police K9 SUV Interceptor American Capital 2.015% Police SUV Interceptors(4) SunTrust 2.09% Police CID Sedan Space Coast Credit 2.89% Police Inceptors(2) TD Bank N/R Leisure Services 3/4 Ton Utility Truck Wells Fargo N/R WIS 'A Ton Pickup Bank of America N/R Stormwater 1 Ton Utility Truck Regions Bank N/R FY2016 Mid-Year Vehicles Purchased Police SUV Interceptors(2) City Hall Sedan Fire Dept 'A Ton Pickup BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REQUIRED: ® Yes 0 No 0 Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No. 2016-R-34 and authorize the City Manager to enter into a Capital Lease Agreement with American Capital not to exceed $495,511. RESOLUTION 2016-R-34 410 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, AMENDING THE 2016-2017 FISCAL YEAR BUDGET AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, by Resolution 2016-R-29, adopted an operating budget for Fiscal Year 2016-2017;and WHEREAS,the budget adjustment increase revenues and expenditures in total pursuant to itemizations contained in Exhibit"A"which is attached hereto and incorporated herein; and WHEREAS,the budget adjustments will allow the City of Edgewater to adjust the Fiscal Year 2016-2017 budget. NOW,THEREFORE,be it resolved by the City Council of Edgewater,Florida. Section 1. Amended Budget: The City Council of the City of Edgewater amends the 60 Fiscal Year 2016-2017 budget by revising the budget in total 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. 460 #2016-R-34 iA After motion to approve was made by with Second by 41110 . The vote on this resolution is as follows: AYE NAY Mayor Michael Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Daniel Blazi Councilman Gary Conroy PASSED AND DULY ADOPTED this 314 day of October,2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Robin L.Matusick Michael Ignasiak City Clerk I Paralegal Mayor 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 3"d day and legality by: of October,2016 under Agenda Item No. Aaron R. Wolfe, Esquire City Attorney Doran,Sims, Wolfe,Kundid, Ciocchetti& Wagner kit 2 #2016-R-34 w 1 AMENDED FINAL FY 2016 - 2017 BUDGET REVENUES AND EXPENSES FY 2016-2017 REVENUE EXPENSES VARIANCE 001 -GENERAL FUND $ 15.054,648 $ 15,054,648 $ - 113 - LAW ENFORCEMENT BLOCK $ 2,750 $ 2,750 $ - 114-GRANTS FUND $ 257,000 $ 257,000 $ - 115 -SPECIAL LAW ENFORCEMENT TRUST FUND $ 24,000 $ 24,000 $ - 116 -TRANSPORTATION IMPACT FEE $ 105,200 $ 105,200 $ - 117 - POLICE IMPACT FEE FUND $ 72,504 $ 72,504 $ - 118 - FIRE IMPACT FEE FUND $ 85,015 $ 85,015 $ - 119 - RECREATION IMPACT FEE $ 125,146 $ 125,146 $ - 120 -SCHOLARSHIP FUND $ 5,000 $ 5,000 $ - 125 - EDGEWATER CRA $ 51,242 $ 51,242 $ - 205 - I & S DEBT SERVICE FUND $ 179,217 $ 179,217 $ - 331 -CAPITAL PROJECTS FUND S 6,733,382 $ 6,733,382 $ - 440 -WATER & SEWER S 10,397,920 $ 10,397,920 $ - 442 -WATER DEVELOPMENT $ 315,500 S 315,500 $ - w443 -SEWER DEVELOPMENT S 426,500 S 426,500 $ - 444- RENEWAL& REPLACEMENT S 3,060,464 S 3,060,464 $ - 445 -WATER & SEWER RATE STABILIZATION S 1,144,914 S 1,144,914 $ - 447 - REFUSE $ 3,567,596 $ 3,567,596 $ - 448 -STORMWATER OPERATING $ 1,637,271 S 1,637,271 $ - 450- PUBLIC WORKS COMPLEX $ 126,179 S 126,179 $ - 501 - MIS $ 665,070 S 665,070 $ - 502- FLEET $ 942,880 $ 942,880 $ - 503 - LOSS FUND $ 310,086 $ 310,086 $ - 504 - FULLY INSURED INSURANCE $ 2,584,630 $ 2,584,630 $ - 505-WORKERS COMPENSATION $ 340,000 $ 340,000 $ - TOTAL ALL FUNDS $ 48,214,114 $ 48,214,114 $ - AS 44 (4a i 1610 1111017 October 3rd,2016 John McKinney City of Edgewater 104 N. Riverside Drive Edgewater,FL 32132 Dear John: Thank you for the opportunity to propose lease figures for your upcoming equipment acquisition. As you know,American Capital is a leader in providing equipment lease and finance options for Schools and Municipalities. Our expertise in the Education/Municipal Leasing Marketplace is noted by dozens of administrators ranging from Superintendents to Business Managers to Directors of Technology. The lease options listed below are based upon final credit approval and spread over like term market indexes. 410 Equipment Term Payment Amount Rate Fees Being Cost Charged $495,511.00 5 years,Annual $105,231.18!yr 2.015% $0 Payments in Arrears Your absolute satisfaction and positive relationship with American Capital is extremely important to us. If you have any questions,please ask.Our team looks forward to working further with the City of Edgewater. Regards, Jason Marquardt Executive Vice President w+if Jason Marquardt-Executive Vice President 2015 Ogden Avenue.Suite 400.Lisle.IL 60532 (P)630-512-0066 x118 pnartutartcpmericancapitalI cont stiu w.amcricancapital l.com CITY CLERK REPORT—October 3, 2016 ITEM#11.a. 1) I will be out of my office at the 2016 Fall Academy of the Florida Association of City Clerks in Lake Buena Vista from the afternoon of Sunday, October 9th until late the evening of Thursday, October 13th. Even though I will not be in my office, I will be accessible by phone and email. 2) (Clerk/Council/Clerk Reports/09-19-2016) Robin Matusick `,From: Tracey T. Barlow Sent: Monday, October 03, 2016 2:36 PM To: City Council; 'amy73177@gmail.com';Alexander Penalta; Bob Andrejkovics Cc: Robin Matusick;Aaron Wolfe (awolfe@doranlaw.com);John McKinney Subject: Additions to Tonights Agenda Attachments: Amended Budget Ref Vehicle Leases.pdf; MOU Ref SE Utility Service Area Rate Analysis.pdf; Municipal Transport Program.pdf Mayor and Council, I wanted to share with you 3 items that have occurred since our Agenda publish that I must address with you this evening: 1) Amended budget-Agenda item 7b- I will be requesting to move from the Consent Agenda and asking to you to reconsider as 8c (Public Hearings, Ordinances and Resolutions). The amended now 8c will be a Resolution that incorporates vehicles that were ordered last mid-year but has not arrived before close-out of last fiscal year. The Resolution will allow a budget amendment that will reallocate the purchase into FY16-17 as well as incorporate into a single Capital Lease Agreement with American Capital. 2) Under CM report- Memorandum of Understanding for Southeastern Utility Service Area Feasibility and Rate Analysis. This is an initiative that we have been negotiating for the previous numerous years regarding the acquisition of the utility infrastructure and customers in the southern end of the City. Much of the infrastructure south of Godfrey Rd. is owned by the County as well as the utility customers in the majority of the area. As we have ratified, through the ISBA Agreement, our southern boundaries to be Aerial Rd. it makes financial and operational since to acquire such infrastructure and customers within this boundary. This study will allow the City and County to determine the value of such in order to successfully negotiate an equitable agreement. The study is $36,000 with our 50% share to be $18,000. 3) Under CM Report- Municipal Transport Program-A few years ago the City was 1 of 2 that were permitted to participate in a pilot municipal transport program. The pilot program allowed the County to assess the benefits as well as adjust the countywide resources in an effort to extrapolate efficiencies in a countywide approach to medical transport services. Based on their evaluations they have developed a Municipal Transport Program with an associated application. This program will allow the City to continue assisting with patient transports and receiving reimbursements for the transports. I will be requesting the City Council for authorization to sign the application once the City Attorney has reviewed and approved. Tracey T. Barlow City Manager City of Edgewater Ntre GO TO f FINOUS T-Lcwus 0 SUBSCRIBE ` N UP ,.r DOWNLOAD C1i WFBS'.'F QNIWTU t;h ,.,'.k .. OUR MIKE APP 1 4 AMENDED COUNCIL AGENDA ITEM SUBJECT: Resolution No. 2016-R-34 Amended FY2016- 17 Budget and Capital Lease Agreement DEPARTMENT: Finance SUMMARY: Vehicle Lease for the 2017 Light Duty Vehicles approved in the FY2017 and authorized by Council to order at the May 2 and August 3, 2016 Council meeting. Per the Purchasing Policy Section VII Quotations and Bid, Procedure for Soliciting for bids Lease Finance Agreements utilized for competitively bid items up to and including $750,000 shall require a minimum of three quotes. The total cost for the vehicle lease shall not exceed$495,511. FY2017 Vehicles to be purchased: The bids received are as followed: Police K9 SUV Interceptor American Capital 2.015% Police SUV Interceptors (4) SunTrust 2.09% Police CID Sedan Space Coast Credit 2.89% Police Inceptors(2) TD Bank N/R Leisure Services'/. Ton Utility Truck Wells Fargo N/R W/S %z Ton Pickup Bank of America N/R Stormwater 1 Ton Utility Truck Regions Bank N/R FY2016 Mid-Year Vehicles Purchased Police SUV Interceptors (2) City Hall Sedan Fire Dept V2 Ton Pickup BUDGETED ITEM: ® Yes ❑ No ❑ Not Applicable BUDGET AMENDMENT REOUIRED: ® Yes 0 No 0 Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No. 2016-R-34 and authorize the City Manager to enter into a Capital Lease Agreement with American Capital not to exceed $495,511. RESOLUTION 2016-R-34 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, AMENDING THE 2016-2017 FISCAL YEAR BUDGET AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, by Resolution 2016-R-29, adopted an operating budget for Fiscal Year 2016-2017; and WHEREAS,the budget adjustment increase revenues and expenditures in total pursuant to itemizations contained in Exhibit"A"which is attached hereto and incorporated herein; and WHEREAS, the budget adjustments will allow the City of Edgewater to adjust the Fiscal Year 2016-2017 budget. NOW,THEREFORE,be it resolved by the City Council of Edgewater, Florida. Section 1. Amended Budget: The City Council of the City of Edgewater amends the 460 Fiscal Year 2016-2017 budget by revising the budget in total 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. 1 #2016-R-34 600 After motion to approve was made by with Second by . The vote on this resolution is as follows: AYE NAY Mayor Michael lgnasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Daniel Blazi Councilman Gary Conroy PASSED AND DULY ADOPTED this 3rd day of October, 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: Robin L.Matusick Michael Ignasiak City Clerk/Paralegal Mayor For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form Edgewater at a meeting held on this 3rd day and legality by: of October, 2016 under Agenda Item No. Aaron R. Wolfe, Esquire _ City Attorney Doran,Sims,Wolfe,Kundid, Ciocchetti& Wagner 2 a2016-R-34 AMENDED FINAL FY 2016 - 2017 BUDGET REVENUES AND EXPENSES FY 2016 -2017 REVENUE EXPENSES VARIANCE 001 -GENERAL FUND $ 15,054,648 $ 15,054,648 $ - 113 -LAW ENFORCEMENT BLOCK $ 2,750 $ 2,750 $ - 114-GRANTS FUND $ 257,000 $ 257,000 $ - 115-SPECIAL LAW ENFORCEMENT TRUST FUND $ 24,000 $ 24,000 $ - 116-TRANSPORTATION IMPACT FEE $ 105,200 $ 105,200 $ - 117-POLICE IMPACT FEE FUND $ 72,504 $ 72,504 $ - 118-FIRE IMPACT FEE FUND $ 85,015 $ 85,015 $ - 119 -RECREATION IMPACT FEE $ 125,146 $ 125,146 $ - 120 -SCHOLARSHIP FUND $ 5,000 S 5,000 $ - 125 -EDGEWATER CRA $ 51,242 $ 51,242 $ - 205 -I&S DEBT SERVICE FUND $ 179,217 $ 179,217 $ - 331 -CAPITAL PROJECTS FUND S 6,733,382 $ 6,733,382 $ - 440 -WATER&SEWER $ 10,397,920 $ 10,397,920 $ - 442 -WATER DEVELOPMENT $ 315,500 $ 315,500 $ - '~'r 443 -SEWER DEVELOPMENT $ 426,500 $ 426,500 $ - 444-RENEWAL& REPLACEMENT $ 3,060,464 $ 3,060,464 $ - 445-WATER&SEWER RATE STABILIZATION $ 1,144,914 $ 1,144,914 $ - 447-REFUSE $ 3,567,596 $ 3,567,596 $ - 448-STORMWATER OPERATING $ 1,637,271 $ 1,637,271 $ - 450 -PUBLIC WORKS COMPLEX $ 126,179 $ 126,179 $ - 501 -MIS $ 665,070 $ 665,070 $ - 502 -FLEET $ 942,880 $ 942,880 $ - 503 -LOSS FUND $ 310,086 $ 310,086 $ - 504-FULLY INSURED INSURANCE $ 2,584,630 $ 2,584,630 $ - 505 -WORKERS COMPENSATION $ 340,000 $ 340,000 $ - TOTAL ALL FUNDS 5 48,214,114 $ 48,214,114 $ - scan(•.9„.' •f if li fort October 3rd,2016 John McKinney City of Edgewater 104 N. Riverside Drive Edgewater,FL 32132 Dear John: Thank you for the opportunity to propose lease figures for your upcoming equipment acquisition. As you know, American Capital is a leader in providing equipment lease and finance options for Schools and Municipalities. Our expertise in the Education/Municipal Leasing Marketplace is noted by dozens of administrators ranging from Superintendents to Business Managers to Directors of Technology. The lease options listed below are based upon final credit approval and spread over like term market indexes. 414 Equipment Term Payment Amount Rate Fees Being Cost Charged $495,511.00 5 years,Annual $105,231.18/yr 2.015% $0 Payments in Arrears Your absolute satisfaction and positive relationship with American Capital is extremely important to us. If you have any questions,please ask.Our team looks forward to working further with the City of Edgewater. Regards, Jason Marquardt Executive Vice President INM I 40: Jason Marquardt-i ccutive Vix President 2015 Ogden Avenue.Suite 400.Lisle.Il.60532 P}63O-512-0066 x118 jmarrutu rdt•(aamcricancaoital I.co>.t 11\V :UncticancaritalI.COin MUNICIPAL TRANSPORT PROGRAM (i0 Volusia County FLORIDA Division of Emergency Medical Administration 125 West New York Avenue, Suite 182 DeLand, Florida 32720-5415 Northeast Volusia(386) 248-8149 Southeast Volusia: (386)423-3307 West Volusia: (386)740-5201 Facsimile: (386)626-6618 41110 Page I of 5 Instructions SUBMISSION OF THE APPLICATION Applicants are required to submit: 1) A printed hard copy of the completed application, including original signature page and 2) Executed Business Associate Agreement. Once the application is completed, print a hard copy. The application shall be executed by the Chief Administrative Officer of the applicant. The hard copy and the original signature page shall be submitted to: County of Volusia Division of Emergency Medical Administration 125 West New York Avenue, Suite 182 DeLand, Florida 32720-5415 The applicant should retain a copy for their records. 410 Page 2 of 5 ihod Municipal Transport Program Application NAME OF ORGANIZATION DATE ADDRESS CITY STATE ZIP FIRE CHIEF NAME TELEPHONE NUMBER EMAIL EMS MANAGER NAME TELEPHONE NUMBER EMAIL As a condition of participation as a municipal transport provider, the applicant agrees to: 1. Operate under the Certificate of Public Convenience and Necessity, Advanced Life Support Transport issued to the County of Volusia. 2. Operate within the parameters outlined below, or amended in writing by the County of Volusia: a. Contingency emergency medical transport: The approved provider has identified the presence of an unstable emergency medical condition through appropriate assessment and prehospital care, consistent with Volusia County Prehospital Standing Orders and Treatment Protocols, has been initiated for an appropriate amount of time (ten minutes) and coordination between the municipal transport unit and the county transport unit has occurred via radio and municipal transport is deemed mutually appropriate due to patient's condition and an extended response by the responding CTU. b. Peak Load Utilization System (PLUS): The municipal provider has been requested to respond and be prepared to transport by the VCEMS system Status Coordinator in the communications center. The City and the County acknowledge the goal and intent of the program is for the City to supplement the available number of transport units within their municipal boundaries during periods when the emergency medical system is experiencing a peak in demand for service and not to take over the County's responsibility to provide ambulance service. The county may adjust posts in geographically difficult to reach areas to allow for city units to respond to calls. c. As the system evolves, the county and the city will work together to adjust for the needs of the citizens as necessary. 3. Approved municipal transport units shall be presumed available to provide transport unless the city has notified the communications center otherwise. The city shall advise the communications center of any changes in unit availability or location. 4. The city may not commence emergency or non-emergency transport outside its municipal boundary unless requested to do so by the VCEMS System Status Coordinator within the communications center. If accepted and approved by the county, this application shall Page 3 of 5 become a binding interlocal agreement between the city and the county authorizing the city to conduct emergency or non-emergency transport outside its municipal boundaries pursuant to the terms and conditions contained herein. 5. Vehicles identified in this application shall be staffed and equipped consistent with all applicable statutes and regulations promulgated there under and in accordance with local requirements established by the EMS Medical Director. 6. The Applicant agrees to participate in and fully cooperate with all clinical and/or operational quality review and improvement activities as deemed necessary by the Volusia County Public Protection Department, the EMS Medical Director and/or Emergency Medical Administration Division. Emergency Medical Administration Division shall review each transport to determine whether it adheres to program guidelines. If the determination involves any clinical element, the Volusia County EMS Medical Director shall be responsible for determining the appropriateness of the transport. Inappropriate decision making regarding transport will be addressed to the Agency Chief. 7. If municipal transport is initiated, the provider will be responsible for patient care throughout transport, including transference of patient care to hospital staff. 8. The applicant shall notify the Emergency Medical Administration Division in writing of any problems associated with, or deviations from, the routine delivery of transport services no later than the following business day. 9. The applicant shall ensure that the Emergency Medical Administration Division has current employment data on all employees eligible to participate in the Municipal Transport Program. Data will include employer verification of employee's cleared criminal background check, review and clearance of the OIG Exclusion List, verification of a current vehicle operator's license. Such information shall be provided in a format acceptable to the division. 10. The applicant shall indemnify and hold harmless the County of Volusia for claims that may arise from the applicant's negligent provision or failure of provision of services under this program. Such indemnification shall include, damages; costs; attorney's fees; expense of defense and investigation; and any other cost expense of whatsoever nature caused by the negligence of the applicant. Regardless of the foregoing, both the city and the county expressly retain all rights, benefits, and immunities of sovereign immunity in accordance with § 768.28, Florida Statutes, including any limitations as to their respective liabilities contained therein, and the city's indemnification obligations hereunder shall not be interpreted or construed as requiring the city to insure or indemnify the county for the county's negligence or to assume any liability for the county's negligence in contravention of the requirements of§ 768.28(19),Florida Statutes. 11. The city shall utilize the electronic patient care reporting software, licensed to the County of Volusia, for recording all transport incidents, including all appropriate attachments and identifying the paramedic-in-charge. The completed report shall be finalized in the ePCR system within twenty-four (24) hours of the time the vehicle was originally dispatched. Billing submissions will be subject to review and approval by the County. The city will provide and maintain the requisite hardware and software. 12. The County shall provide billing services. 13. Reimbursement for transports, to the extent permissible under state and local law, performed within the established parameters of the program shall be based on the actual 4100 Page 4 of 5 Ihsol fee collected for the subject transport less an administrative fee of ten percent (10%). In the event a transport occurs outside of the established program parameters, the county reserves the right to withhold a portion or all of reimbursement. Fees for services are set by the Volusia County Council. 14. As a condition of participation under the Municipal Transport Program, the applicants shall execute a separate business agreement (see attached) with the County of Volusia to allow for sharing of protected health information in accordance with federal and state law. 15. In the event that either party determines that this agreement is not in their agency's best interest they have the right to terminate this agreement provided that a 90 day notice of termination is provided. The AUTHORIZATION page within this application shall be signed by the chief administrative officer for the local government and be notarized. By the below signature on this application, the applicant affirms all of the above requirements have been met and will be maintained for the duration of the municipality's participation in the Municipal Transport Program. CHIEF ADMINISTRA11VE OFFICER(PRINT) CHIEF ADMINISTRATIVE OFFICER(SIGNATURE) DATE 4100 STATE OF FLORIDA COUNTY OF VOLUSIA Before me, the above signed authority, , personally appeared as , who is personally known to me and, after being duly sworn, did there upon say that the information and statements contained in the foregoing instrument are true and correct to the best of his or her knowledge, information and belief. NOTARY PUBLIC DATE MY COMMISION EXPIRES STATE OF FLORIDA (AFFIX SEAL) AT LARGE 41110 Page 5 of 5 �,aNti ttc�x.✓i-- MEMORANDUM OF UNDERSTANDING FOR SOUTHEASTERN SERVICE AREA FEASIBILITY AND RATE ANALYSIS BETWEEN THE COUNTY OF VOLUSIA AND THE CITY OF EDGEWATER THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the County of Volusia, a political subdivision of the State of Florida, with administrative offices at 123 West Indiana Avenue, DeLand, Florida 32720-4613, hereinafter referred to as COUNTY, and the City of Edgewater, a municipal corporation duly incorporated pursuant to the laws of the State of Florida, with administrative offices at 104 North Riverside Drive, Edgewater, Florida 32132, hereinafter referred to as CITY. RECITALS WHEREAS, the COUNTY is authorized by § 125.01(1)(p), Florida Statutes, to enter into agreements with other governmental agencies within or outside the boundaries of the COUNTY for the joint performance, or performance by one unit in behalf of the other, of any of either agency's authorized functions; WHEREAS, public agencies (including the COUNTY and CITY) are authorized by § 163.01(14), Florida Statutes, to enter into contracts for the performance of service functions of [such] public agencies, but shall not be deemed to authorize the delegation of the constitutional or statutory duties of COUNTY or CITY officers. The parties expressly deny any intent, expressed or implied, in this MOU to provide for a delegation by CITY of such constitutional or iV statutory duties to COUNTY or vice versa; WHEREAS, the foregoing authorization for such agreements is granted to counties and cities for the purpose of permitting local governments to make the most efficient use of their powers by enabling them to cooperate with the other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; WHEREAS, pursuant to § 768.28, Florida Statutes, neither the COUNTY nor the CITY waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this MOU. This MOU does not contain any provision that requires one party to indemnify or insure the other party for the other party's negligence, or to assume any liability for the other party's negligence in contravention of state law; WHEREAS, the CITY desires to participate together with the COUNTY to conduct a service area feasibility and rate analysis to evaluate an alternative configuration and division of utility services between the CITY and the COUNTY within the service area presently defined as the COUNTY's Southeastern Service Area; WHEREAS, the COUNTY has retained the services of Burton & Associates, Inc. ("Contractor") pursuant to COUNTY Contract No. 12-SQ-53BB ("Contract"), which company is qualified to perform the service area feasibility and rate analysis described herein; and IWO Page 1 of 4 WHEREAS, the COUNTY and the CITY desire to utilize the COUNTY's Contractor to conduct such analysis and further agree to split the cost of such analysis evenly between both governmental entities. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: PART I. GENERAL PROVISIONS 1. Recitals. The foregoing recitals are hereby adopted as a material part of this MOU. 2. Project. The parties agree that the COUNTY shall utilize its Contractor to conduct the Southeastern Service Area Feasibility and Rate Analysis described in the letter, scope of work, and estimate attached hereto and incorporated herein as Exhibit A. The Contractor shall perform such Project in accordance with a task assignment issued by the COUNTY pursuant to the terms and conditions of the Contract. As the governmental entity having contractual privity with the Contractor, the COUNTY shall be solely responsible for overseeing the Contractor's operations during the conduct of such Project but shall keep the CITY informed of the Project's progress and provide the CITY with copies of and access to any and all reports, studies,analyses, deliverables, and other Project information provided to the COUNTY by the Contractor. 3. Compensation. As the governmental entity in contractual privity with the Contractor, the COUNTY shall be responsible for payment of all legitimate invoices submitted by the Contractor; however, as an equal beneficiary of the work and services provided by the Contractor pursuant to the Project, the CITY shall reimburse the COUNTY for one-half (i.e. 50%) of all compensation paid to the Contractor by the COUNTY in connection with the Project, including one-half (L e., 50%) of any Project amounts the COUNTY may pay in excess of the Contractor's estimate provided in Exhibit A. 4. Payment. After rendering payment to the Contractor, the COUNTY shall invoice the CITY for any amounts due pursuant to ¶ 3. Compensation supra. Such invoice(s) shall be accompanied by copies of the Contractor's invoice(s)addressed to the COUNTY and a statement by the COUNTY showing the amount paid by the COUNTY to such Contractor. CITY shall pay any such invoices submitted by the COUNTY within forty-five (45) days of its receipt of any such invoices. 5. Sovereign Immunity. Each party to this MOU expressly retains all rights, benefits and immunities of sovereign immunity that they presently enjoy under the Constitution and Statutes of the State of Florida, and particularly with respect to Chapter 768, Florida Statutes. Notwithstanding anything set forth in any article of this MOU to the contrary, nothing in this MOU shall be deemed as a waiver of immunity or limits of liability of either party beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature, and any liability of either party for damages shall not exceed the statutory limits for tort, regardless of the number or nature of any claim which may arise, including, but not limited to, a claim sounding in tort, equity or contract. Nothing in this MOU Page 2 of 4 shall inure to the benefit of any third party for the purpose of allowing any claim against any party, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. Regardless of anything that may be set forth in this MOU to the contrary, nothing in this MOU shall be deemed or otherwise interpreted to require one party to indemnify or insure the other party for the other party's negligence, or to assume any liability for the other party's negligence in contravention of state law. 6. Term. This MOU shall commence upon execution by both parties and shall continue to remain in effect until the Contractor's completion of the Project and the COUNTY's receipt of any and all reimbursements due from the CITY as set forth in¶3. Compensation supra. 7. Notice. Notice as required to be given in this MOU shall be provided to the following persons: a. COUNTY: County Manager, James T. Dinneen, Thomas C. Kelly Administration Center, 123 W. Indiana Avenue, DeLand, Florida 32720. b. CITY: City Manager, Tracey T. Barlow, 104 North Riverside Drive, Edgewater, Florida 32132. 8. Third Parties. In no event shall any of the terms of this MOU confer upon any third person, corporation, or entity other than the parties hereto any right or cause of action for damages claimed against any of the parties to this MOU arising from the performance of the obligations and responsibilities of the parties herein or for any other reason. 9. Dispute Resolution. Any disputes concerning non-performance, or other aspects of this MOU for which either party initiates litigation to enforce its rights hereunder, shall be subject to the provisions of Chapter 164, Florida Statutes,the"Florida Governmental Cooperation Act." 10. Severability. If any provision of this MOU is found to be unconstitutional, illegal, or otherwise unenforceable by judgment of a court of competent jurisdiction, such judgment shall not invalidate the remainder of this MOU, unless such judgment renders the purpose or performance of this MOU no longer practical for either party. 11. Entire Agreement. This MOU reflects the full and complete understanding of the parties and may be modified or amended only by a document in writing executed by all the parties, with the same formalities as this MOU. SIGNATURE PAGE FOLLOWS Page 3 of 4 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding for Southeastern Service Area Feasibility and Rate Analysis between the County of Volusia and the City of Edgewater have caused the same to be signed by their duly authorized representatives on the dates indicated below. ATTEST: COUNTY OF VOLUSIA By: By: Name: Name: James T. Dinneen Title: County Manager Dated: Dated: ATTEST: CITY OF EDGEWATER By: By: Name: Robin L. Matusick Name: Tracey T. Barlow Title: City Clerk Title: City Manager Dated: Dated: CO Page 4 of 4 L July 19, 2016 BURTON 84 ASSOCIATES .4 Hawkslay Conantang Company Michael Ulrich, Director Volusia County Water Resources and Utilities 123 West Indiana Ave Deland, FL 32720 Re: Southeastern Service Area Feasibility and Rate Analysis Dear Mr. Ulrich: As requested, I have prepared a proposal to complete the Southeastern Service Area Feasibility and Rate Analysis that we recently discussed with the City of Edgewater. Per our discussion,it is my understanding that the County and the City of Edgewater jointly desire and would participate in an evaluation of an alternative configuration and division of services between the two agencies within the area that is presently defined as the County's Southeastern Service Area. I have prepared a project Work Plan and Cost Schedule (Schedule) for the analysis that is presented on the following pages. This Schedule shows each major task and subtask with estimated hours by sub-task and consultant, and indicates that successful completion of the analysis will require approximately 205 hours for an estimate fee of$36,000, inclusive of out-of-pocket expenses. We propose to bill the project 4110 on a lump sum basis with monthly progress billings based upon the percentage completion of each task. However, we propose to provide any extra services that may be required for preparing new or adjusted scenarios,attending additional meetings, preparing additional deliverables, updating the analysis for new data after it has been substantially completed, etc. based upon the actual time incurred and the hourly rates identified in the enclosed Schedule that reflect those of Exhibit B of our contract 12-SQ-53BB. Based upon our discussions, it is my understanding that it is intended for the two communities to share equally in the cost of the analysis by executing some form of a memo of understanding. However, please note that our task assignment will be with the County and therefore the County will have ultimate responsibility for full payment for services performed on this engagement. We appreciate the opportunity to present this proposal and look forward to working with you and the City on this assignment. If you have any questions, please do not hesitate to call me at (813) 443-5138. Otherwise, per Section 3.2.2 of our contract, please proceed with the authorization of performance of these services by preparing and executing a written Task Assignment (see the attached Exhibit A of our contract for reference)that incorporates the scope of services and payment method identified herein. Very truly yours, Andrew J. Burnham Senior Vice President 4ita Burton&Associates,A Hawksley Consulting Company 1000 North Ashley Drive,Suite 513•Tampa,Florida 33602•Phone(813)443-5138•Fax(8131443-8289 E-mail:aburnhomCaburtonandassociotes.com 46, EXHIBIT"A" FOE ^)i'IT. USE ONLY] TASK ASSIGNMENT NO.X TO THE CONTRACT FOR PROFESSIONAL CONSULTING SERVICES FOR[TYPE OF SERVICE] BETWEEN THE COUNTY OF VOLUSIA AND THE FIRM OF NAME AND ADDRESS OF FIRM] PROJECT TITLE: [NAME OF PROJECT] PROJECT NUMBER: PURPOSE This is an attachment to the Contract for Professional Consulting Services for[Type of Service]dated [Date of contract]between the County of Volusia(COUNTY)and the consulting firm of[Name of Firm] (CONSULTANT)and made a part thereof. The purpose of this Task Assignment is to specify the required services of the CONSULTANT II. SCOPE OF WORK The CONSULTANT'S Scope of Work for[Project Title]shall include the following tasks as outlined and attached hereto as Exhibit-A ' Except as herein modified,all terms and conditions of the cited original Contract(as previously amended,If applicable)shall remain in full force and effect for the term of the Contract as originally set forth In said Contract III. DELIVERABLES The CONSULTANT shall produce and deliver to the COUNTY the deliverables outlined and attached nereta as Exhibit IV. SCHEDULES AND TIME FOR COMPLETION This Task Assignment shall commence upon Notice to Proceed and continue until the scope of work is completed and accepted by the county Within ten(10)days after receipt of Notice to Proceed(or other authorizing document),the CONSULTANT shall provide a proposed schedule of payments associated with the deliverables which is acceptable to the COUNTY. If schedule Is altered due to unforeseen delays the County's project manager shall be notified at once. Failure to meet the scheduled completion date may be grounds for Termination for Default. V. METHOD OF COMPENSATION Payment will be in accordance with the Contract for Professional Ccnsultaig Services No.;RSO#)for [ ype of Sen/ice]. Compensation for all services, material, supplies. training and any other Items or requirements necessary to complete the work as described herein,shall not exceed a wand total amount of[amount in word]DOLLARS and [XX/100](5)consisting of[a fixed fee amount of][amount in word] DOLLARS and 1XX/100](S)for consulting services and a[fixed fee or^otto exceed]amount of rarriount in word;DOLLARS and[XXl100](S)for reimbursable expensespayable at the rates attached hereto as Exhibit"A. or"B.'At no time shall work fees exceed said amount of compensation herein without a written and executed amendment. Page 32 ce 52 P'8ee..020'2 Se'ietatkele‘12-SC-53135NCocitract.Burn aid Assoc,atec Fnal.cccx Burton&Associates,A Hawksley Consulting Company 1000 North Ashley Drive,Suite 513•Tampa,Florida 33602•Phone(813)443-5138•Fax(813)443-8289 E-mail:aburnham%a7burtonandossociates.corrr iv •R m M ti M V1 O M N M Cl CO ip N YI ., .- '-1 rl w V C, E 0 0 3 N D ClN N q o O .D o0 Q . M M O g C .O 4Q i8 3 , y y N O N 4.,yI U O 2 C z ` c R M g R N M .- q .- .ti M M CS N CC d a t 'Si CO 0 0 M = W M .+ N C1 00 ',I n i• n M C U N tr R M a m c f. co x f0 3 c a w 'Q •' •v ' r c • .L z > 0 y _0 .2 M O • m t O LL @ 7 L m .2 C 3 O. Tr _ > ZZ Q CD 4.0 r C ry H d C u V�n f0 , ., i y ? L c . 00 x v > so .& • 4ow x _va w 'O aa '. = ...• a, rap r0 •Z E .p C 1 :2, L. O c "o 0 5 ' B " £ �' : � S � g a tlapv. 4'_ LL as E • o A ° .. m o cI $ c z ° a � H a . a 3 •a ° `p n C tr �S oG a a 3 cp Q C V 7 a! 7t. �n U �o .0 C • a Lit, N u. E g. A a v a to .a fiJIl c ° E A t i •r; t 0 y N rp 61 7 'V O ,t6 O s, o O . 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W 0 0 c 0 Lfil It n g 5 1 .Y .- N M Q 0 LO N CO Y , N M O V1 .D I, CO 01 ti n K O a V ? .& Q y U' .!1 V1 V1 V'/ X' 0 t!1 V'1 w .�.i W W ~ ~ -1 Q r h 0 § 2 2 r `r MEMORANDUM OF UNDERSTANDING FOR SOUTHEASTERN SERVICE AREA FEASIBILITY AND RATE ANALYSIS BETWEEN THE COUNTY OF VOLUSIA AND THE CITY OF EDGEWATER THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the County of Volusia, a political subdivision of the State of Florida, with administrative offices at 123 West Indiana Avenue, DeLand, Florida 32720-4613, hereinafter referred to as COUNTY, and the City of Edgewater, a municipal corporation duly incorporated pursuant to the laws of the State of Florida, with administrative offices at 104 North Riverside Drive, Edgewater, Florida 32132,hereinafter referred to as CITY. RECITALS WHEREAS, the COUNTY is authorized by § 125.01(1)(p), Florida Statutes, to enter into agreements with other governmental agencies within or outside the boundaries of the COUNTY for the joint performance, or performance by one unit in behalf of the other, of any of either agency's authorized functions; WHEREAS, public agencies (including the COUNTY and CITY) are authorized by § 163.01(14), Florida Statutes, to enter into contracts for the performance of service functions of [such] public agencies, but shall not be deemed to authorize the delegation of the constitutional or statutory duties of COUNTY or CITY officers. The parties expressly deny any intent, expressed or implied, in this MOU to provide for a delegation by CITY of such constitutional or statutory duties to COUNTY or vice versa; WHEREAS, the foregoing authorization for such agreements is granted to counties and cities for the purpose of permitting local governments to make the most efficient use of their powers by enabling them to cooperate with the other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; WHEREAS, pursuant to § 768.28, Florida Statutes, neither the COUNTY nor the CITY waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this MOU. This MOU does not contain any provision that requires one party to indemnify or insure the other party for the other party's negligence, or to assume any liability for the other party's negligence in contravention of state law; WHEREAS, the CITY desires to participate together with the COUNTY to conduct a service area feasibility and rate analysis to evaluate an alternative configuration and division of utility services between the CITY and the COUNTY within the service area presently defined as the COUNTY's Southeastern Service Area; WHEREAS, the COUNTY has retained the services of Burton & Associates, Inc. ("Contractor") pursuant to COUNTY Contract No. 12-SQ-53BB ("Contract"), which company is qualified to perform the service area feasibility and rate analysis described herein; and Ilkof Page 1 of 4 IWO WHEREAS, the COUNTY and the CITY desire to utilize the COUNTY's Contractor to conduct such analysis and further agree to split the cost of such analysis evenly between both governmental entities. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: PART I. GENERAL PROVISIONS 1. Recitals. The foregoing recitals are hereby adopted as a material part of this MOU. 2. Project. The parties agree that the COUNTY shall utilize its Contractor to conduct the Southeastern Service Area Feasibility and Rate Analysis described in the letter, scope of work, and estimate attached hereto and incorporated herein as Exhibit A. The Contractor shall perform such Project in accordance with a task assignment issued by the COUNTY pursuant to the terms and conditions of the Contract. As the governmental entity having contractual privity with the Contractor, the COUNTY shall be solely responsible for overseeing the Contractor's operations during the conduct of such Project but shall keep the CITY informed of the Project's progress and provide the CITY with copies of and access to any and all reports, studies,analyses, deliverables,and other Project information provided to the COUNTY by the Contractor. 3. Compensation. As the governmental entity in contractual privity with the Contractor, the COUNTY shall be responsible for payment of all legitimate invoices submitted by the Contractor; however, as an equal beneficiary of the work and services provided by the Contractor pursuant to the Project, the CITY shall reimburse the COUNTY for one-half (i.e. 50%) of all compensation paid to the Contractor by the COUNTY in connection with the Project, including one-half(i.e., 50%) of any Project amounts the COUNTY may pay in excess of the Contractor's estimate provided in Exhibit A. 4. Payment. After rendering payment to the Contractor, the COUNTY shall invoice the CITY for any amounts due pursuant to ¶ 3. Compensation supra. Such invoice(s) shall be accompanied by copies of the Contractor's invoice(s) addressed to the COUNTY and a statement by the COUNTY showing the amount paid by the COUNTY to such Contractor. CITY shall pay any such invoices submitted by the COUNTY within forty-five (45) days of its receipt of any such invoices. 5. Sovereign Immunity. Each party to this MOU expressly retains all rights, benefits and immunities of sovereign immunity that they presently enjoy under the Constitution and Statutes of the State of Florida, and particularly with respect to Chapter 768, Florida Statutes. Notwithstanding anything set forth in any article of this MOU to the contrary, nothing in this MOU shall be deemed as a waiver of immunity or limits of liability of either party beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature, and any liability of either party for damages shall not exceed the statutory limits for tort, regardless of the number or nature of any claim which may arise, including, but not limited to, a claim sounding in tort, equity or contract. Nothing in this MOU Page 2 of 4 shall inure to the benefit of any third party for the purpose of allowing any claim against any party, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. Regardless of anything that may be set forth in this MOU to the contrary, nothing in this MOU shall be deemed or otherwise interpreted to require one party to indemnify or insure the other party for the other party's negligence, or to assume any liability for the other party's negligence in contravention of state law. 6. Term. This MOU shall commence upon execution by both parties and shall continue to remain in effect until the Contractor's completion of the Project and the COUNTY's receipt of any and all reimbursements due from the CITY as set forth in T 3. Compensation supra. 7. Notice. Notice as required to be given in this MOU shall be provided to the following persons: a. COUNTY: County Manager, James T. Dinneen, Thomas C. Kelly Administration Center, 123 W. Indiana Avenue, DeLand, Florida 32720. b. CITY: City Manager, Tracey T. Barlow, 104 North Riverside Drive, Edgewater, Florida 32132. 8. Third Parties. In no event shall any of the terms of this MOU confer upon any third person, corporation, or entity other than the parties hereto any right or cause of action for damages claimed against any of the parties to this MOU arising from the performance of the obligations and responsibilities of the parties herein or for any other reason. 9. Dispute Resolution. Any disputes concerning non-performance, or other aspects of this MOU for which either party initiates litigation to enforce its rights hereunder, shall be subject to the provisions of Chapter 164, Florida Statutes, the"Florida Governmental Cooperation Act." 10. Severability. If any provision of this MOU is found to be unconstitutional, illegal, or otherwise unenforceable by judgment of a court of competent jurisdiction, such judgment shall not invalidate the remainder of this MOU, unless such judgment renders the purpose or performance of this MOU no longer practical for either party. 11. Entire Agreement. This MOU reflects the full and complete understanding of the parties and may be modified or amended only by a document in writing executed by all the parties, with the same formalities as this MOU. SIGNATURE PAGE FOLLOWS Page 3 of 4 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding for Southeastern Service Area Feasibility and Rate Analysis between the County of Volusia and the City of Edgewater have caused the same to be signed by their duly authorized representatives on the dates indicated below. ATTEST: COUNTY OF VOLUSIA By: By: Name: Name: James T. Dinneen Title: County Manager Dated: Dated: ATTEST: CITY OF EDGEWATER By: By: Name: Robin L. Matusick Name: Tracey T. Barlow Title: City Clerk Title: City Manager Dated: Dated: vied Page 4 of 4 4- July 19,2016 BURTON & ASSOCIATES A Hawksley Consulting Company Michael Ulrich, Director Volusia County Water Resources and Utilities 123 West Indiana Ave Deland, FL 32720 Re: Southeastern Service Area Feasibility and Rate Analysis Dear Mr. Ulrich: As requested,I have prepared a proposal to complete the Southeastern Service Area Feasibility and Rate Analysis that we recently discussed with the City of Edgewater. Per our discussion,it is my understanding that the County and the City of Edgewater jointly desire and would participate in an evaluation of an alternative configuration and division of services between the two agencies within the area that is presently defined as the County's Southeastern Service Area. I have prepared a project Work Plan and Cost Schedule (Schedule)for the analysis that is presented on the following pages. This Schedule shows each major task and subtask with estimated hours by sub-task and consultant, and indicates that successful completion of the analysis will require approximately 205 hours for an estimate fee of$36,000, inclusive of out-of-pocket expenses. We propose to bill the project 'to/ on a lump sum basis with monthly progress billings based upon the percentage completion of each task. However, we propose to provide any extra services that may be required for preparing new or adjusted scenarios,attending additional meetings,preparing additional deliverables,updating the analysis for new data after it has been substantially completed, etc. based upon the actual time incurred and the hourly rates identified in the enclosed Schedule that reflect those of Exhibit B of our contract 12-SQ-53BB. Based upon our discussions, it is my understanding that it is intended for the two communities to share equally in the cost of the analysis by executing some form of a memo of understanding. However, please note that our task assignment will be with the County and therefore the County will have ultimate responsibility for full payment for services performed on this engagement. We appreciate the opportunity to present this proposal and look forward to working with you and the City on this assignment. If you have any questions, please do not hesitate to call me at (813) 443-5138. Otherwise, per Section 3.2.2 of our contract, please proceed with the authorization of performance of these services by preparing and executing a written Task Assignment (see the attached Exhibit A of our contract for reference)that incorporates the scope of services and payment method identified herein. Very truly yours, Andrew J. Burnham Senior Vice President Burton&Associates,A Hawksley Consulting Company 1000 North Ashley Drive,Suite 513•Tampa,Florida 33602•Phone(813)443-51386 Fax(813)443-8289 E-mail:aburnhom@burtonandassociates.com EXHIBIT "A" [FOR COUNTY USE ONLY TASK ASSIGNMENT NO.X TO THE CONTRACT FOR PROFESSIONAL CONSULTING SERVICES FOR[TYPE OF SERVICE) BETWEEN THE COUNTY OF VOLUSW AND THE FIRM OF [NAME AND ADDRESS OF FIRM] PROJECT TITLE: [NAME OF PROJECT] PROJECT NUMBER: PURPOSE This is an attachment to the Contract for Professional Consulting Services for[Type of Service]dated [Date of contract]between the County of Volusia(COUNTY)and the consulting firm of[Name of Firm] (CONSULTANT)and made a part thereof. The purpose of this Task Assignment is to specify the required services of the CONSULTANT. II. SCOPE OF WORK The CONSULTANT'S Scope of Work for[Project Title]shalt include the following tasks as outlined and attached hereto as Exhibit'A.' Except as herein modified,all terms and conditions of the cited original Contract(as previously amended,if applicable)shall remain in full force and effect for the term of the Contract as originally set forth in said Contract. III. DELIVERABLES The CONSULTANT shall produce and deliver to the COUNTY the deliverables outlined and attached hereto as Exhibit"A.' IV. SCHEDULES AND TIME FOR COMPLETION This Task Assignment shall commence upon Notice to Proceed and continue until the scope of work is completed and accepted by the county Within ten(10)days after receipt of Notice to Proceed(or other authorizing document),the CONSULTANT shall provide a proposed schedule of payments associated with the deliverables which is acceptable to the COUNTY. If schedule is altered due to unforeseen delays the County's project manager shall be notified at once. Failure to meet the scheduled completion date may be grounds for Termination for Default. V. METHOD OF COMPENSATION Payment will be in accordance with the Contract for Professional Consulting Services No.[RSQ#]for (Type of Service]. Compensation for all services, material, supplies, training and any other items or requirements necessary to complete the work as described herein,shall not exceed a grand total amount of[amount in word]DOLLARS and p0(1100](5)consisting of ja fixed fee amount of][amount in word] DOLLARS and IXX/100](S)for consulting services and a j7ixed fee or not to exceed]amount of[amount in word]DOLLARS and[XX/100](5)for reimbursable expenses_payabte at the rates attached hereto as Exhibit'A'or"B."At no time shall work fees exceed said amount of compensation herein without a written and executed amendment. 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W Ti a i I- 0 I- 0 I- I- 0 MUNICIPAL TRANSPORT PROGRAM Volusia County FLORIDA Division of Emergency Medical Administration 125 West New York Avenue, Suite 182 DeLand,Florida 32720-5415 Northeast Volusia(386) 248-8149 Southeast Volusia: (386)423-3307 West Volusia: (386) 740-5201 Facsimile: (386)626-6618 Page 1 of 5 T Instructions lad SUBMISSION OF THE APPLICATION Applicants are required to submit: 1) A printed hard copy of the completed application, including original signature page and 2) Executed Business Associate Agreement. Once the application is completed, print a hard copy. The application shall be executed by the Chief Administrative Officer of the applicant. The hard copy and the original signature page shall be submitted to: County of Volusia Division of Emergency Medical Administration 125 West New York Avenue, Suite 182 DeLand, Florida 32720-5415 The applicant should retain a copy for their records. *00 Page 2 of 5 fir' Municipal Transport Program Application NAME OF ORGANIZATION I DATE ADDRESS CITY STATE ZIP FIRE CHIEF NAME TELEPHONE NUMBER EMAIL EMS MANAGER NAME TELEPHONE NUMBER EMAIL As a condition of participation as a municipal transport provider,the applicant agrees to: 1. Operate under the Certificate of Public Convenience and Necessity, Advanced Life Support Transport issued to the County of Volusia. 2. Operate within the parameters outlined below, or amended in writing by the County of Volusia: a. Contingency emergency medical transport: The approved provider has identified the presence of an unstable emergency medical condition through appropriate assessment and prehospital care, consistent with Volusia County Prehospital 't%,, Standing Orders and Treatment Protocols, has been initiated for an appropriate amount of time (ten minutes) and coordination between the municipal transport unit and the county transport unit has occurred via radio and municipal transport is deemed mutually appropriate due to patient's condition and an extended response by the responding CTU. b. Peak Load Utilization System (PLUS): The municipal provider has been requested to respond and be prepared to transport by the VCEMS system Status Coordinator in the communications center. The City and the County acknowledge the goal and intent of the program is for the City to supplement the available number of transport units within their municipal boundaries during periods when the emergency medical system is experiencing a peak in demand for service and not to take over the County's responsibility to provide ambulance service. The county may adjust posts in geographically difficult to reach areas to allow for city units to respond to calls. c. As the system evolves,the county and the city will work together to adjust for the needs of the citizens as necessary. 3. Approved municipal transport units shall be presumed available to provide transport unless the city has notified the communications center otherwise. The city shall advise the communications center of any changes in unit availability or location. 4. The city may not commence emergency or non-emergency transport outside its municipal boundary unless requested to do so by the VCEMS System Status Coordinator within the communications center. If accepted and approved by the county, this application shall Page 3 of 5 ti become a binding interlocal agreement between the city and the county authorizing the city to conduct emergency or non-emergency transport outside its municipal boundaries pursuant to the terms and conditions contained herein. 5. Vehicles identified in this application shall be staffed and equipped consistent with all applicable statutes and regulations promulgated there under and in accordance with local requirements established by the EMS Medical Director. 6. The Applicant agrees to participate in and fully cooperate with all clinical and/or operational quality review and improvement activities as deemed necessary by the Volusia County Public Protection Department, the EMS Medical Director and/or Emergency Medical Administration Division. Emergency Medical Administration Division shall review each transport to determine whether it adheres to program guidelines. If the determination involves any clinical element, the Volusia County EMS Medical Director shall be responsible for determining the appropriateness of the transport. Inappropriate decision making regarding transport will be addressed to the Agency Chief. 7. If municipal transport is initiated, the provider will be responsible for patient care throughout transport, including transference of patient care to hospital staff. 8. The applicant shall notify the Emergency Medical Administration Division in writing of any problems associated with, or deviations from, the routine delivery of transport services no later than the following business day. 9. The applicant shall ensure that the Emergency Medical Administration Division has current employment data on all employees eligible to participate in the Municipal Transport Program. Data will include employer verification of employee's cleared criminal background check, review and clearance of the 010 Exclusion List, verification of a current vehicle operator's license. Such information shall be provided in a format 114/1 acceptable to the division. 10. The applicant shall indemnify and hold harmless the County of Volusia for claims that may arise from the applicant's negligent provision or failure of provision of services under this program. Such indemnification shall include, damages; costs; attorney's fees; expense of defense and investigation; and any other cost expense of whatsoever nature caused by the negligence of the applicant. Regardless of the foregoing, both the city and the county expressly retain all rights, benefits, and immunities of sovereign immunity in accordance with § 768.28, Florida Statutes, including any limitations as to their respective liabilities contained therein, and the city's indemnification obligations hereunder shall not be interpreted or construed as requiring the city to insure or indemnify the county for the county's negligence or to assume any liability for the county's negligence in contravention of the requirements of§ 768.28(19), Florida Statutes. 11. The city shall utilize the electronic patient care reporting software, licensed to the County of Volusia, for recording all transport incidents, including all appropriate attachments and identifying the paramedic-in-charge. The completed report shall be finalized in the ePCR system within twenty-four (24) hours of the time the vehicle was originally dispatched. Billing submissions will be subject to review and approval by the County. The city will provide and maintain the requisite hardware and software. 12. The County shall provide billing services. 13. Reimbursement for transports, to the extent permissible under state and local law, performed within the established parameters of the program shall be based on the actual Page 4 of 5 4.00 fee collected for the subject transport less an administrative fee of ten percent (10%). In the event a transport occurs outside of the established program parameters, the county reserves the right to withhold a portion or all of reimbursement. Fees for services are set by the Volusia County Council. 14. As a condition of participation under the Municipal Transport Program, the applicants shall execute a separate business agreement (see attached) with the County of Volusia to allow for sharing of protected health information in accordance with federal and state law. 15. In the event that either party determines that this agreement is not in their agency's best interest they have the right to terminate this agreement provided that a 90 day notice of termination is provided. The AUTHORIZATION page within this application shall be signed by the chief administrative officer for the local government and be notarized. By the below signature on this application, the applicant affirms all of the above requirements have been met and will be maintained for the duration of the municipality's participation in the Municipal Transport Program. CHIEF ADMINISTRATIVE OFFICER(PRINT) CHIEF ADMINISTRATIVE OFFICER(SIGNATURE) DATE Lev STATE OF FLORIDA COUNTY OF VOLUSIA Before me,the above signed authority, , personally appeared as ,who is personally known to me and, after being duly sworn,did there upon say that the information and statements contained in the foregoing instrument are true and correct to the best of his or her knowledge, information and belief NOTARY PUBLIC DATE MY COMMISION EXPIRES STATE OF FLORIDA (AFFIX SEAL) AT LARGE Page 5 of 5 September 29, 2016 Mayor Michael Ignasiak City of Edgewater Post Office Box 100 Edgewater, Florida 32132 Re: Employee: Det. David C. Gamell Issue: Health Insurance Benefits Injury Date: May 24, 2007 Dear Mayor Ignasiak, I am writing this letter behalf of former Det. David C. Gamell regarding his City provided health insurance benefits. More specifically, I am writing to inform you that I was present at the time that the City Manager,Tracey Barlow,promised Det. Gamell that he would provide his family with health insurance benefits. Mr. Barlow told Det. Gamell that if Worker's Compensation accepted Det. Gamell's cardiac claim as work related(or in the line of duty,)then he would be entitled to the family health insurance benefits just as others had been in the past. This was due to the fact that Det. Gamell's claim occurred when he was on the job and responding to a emergency call. Accordingly, he met the standards for the Heart Lung bill under Florida Statute §112.18 as well as the provisions under Florida Statute §112.19(2)(h)1 and 2 41110 As you are aware, the City accepted Det. Gamell's worker's compensation claim work related and provided him with appropriate benefits. In keeping with Mr. Barlow's promise and the statutory requirements, the City of Edgewater initiated provision of the health insurance benefits for Det. Gamell,his wife, and their daughter,as of October 1,2010. The City paid the entire premium of the City's health insurance plan for Det. Gamell and his wife. Pursuant to the statute,this premium is to be paid for the life of Det. Gamell and for his wife, Leslie, for life or until she remarries. Please allow this letter to be included in the personnel file of Det. Gamell. I plan on presenting this letter at the Council Meeting on October 3,2016 and will be prepared to answer any questions in this regard. Additionally, I will be requesting the City continue to provide former Det. Gamell and his family with the benefits they are entitled to pursuant to Florida Statutes. I look forward to seeing you at the Council Meeting. In the meantime, should there be any question,please don't hesitate to contact me. Si'oil ly, i ci . Gary Conroy ' c, CC: Det.David C.Gamell Paul A.Kelley,Esquire Mace Holfeld,Channel 6 News