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
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NWS SKYWARN jai- age 1 of 1
www.nws.noaa.gov
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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
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U.S. Department of Commerce,established SKYWARN®with partner
TsunamiReady organizations.SKYWARN®is a volunteer program with between 350,000 and
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Drown the National Weather Service.
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Skywam Home. NWS Home Page,StormReady TsunamiReady Turn Around Don't Drown,
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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
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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
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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.
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TRUNK OR TREAT SIGN UP
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Submit Sign llp Sheets via Fax at (386) 424-2421 or E-Mail to SpecialEvents@aCityofEdgewater,org :2.,, ,
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For Additional information, Contact SpeciaiEverits@CityoiEdgewater.org
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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
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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
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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.
Page 32 of 32
PlBed,A2012 Saicitationsi12-S0-53B5Contract Burton and Associate;.Fina.'.docx
' 111104
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(flburtonandossociates.com
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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