City of Deltona

Mayor Heidi K. Herzberg

Vice Mayor PUBLIC NOTICE Victor M. Ramos District 5

Commissioners: CITY OF DELTONA Loren King District 1 2345 Providence Blvd. Deltona, FL 32725 Anita Bradford District 2

Maritza Avila-Vazquez City Manager Agenda Review Meeting District 3 nd 2 Floor Conference Room Robert McFall Monday, October 21, 2019 District 4 5:30 P.M. Chris Nabicht District 6

City Manager Jane K. Shang

NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at

this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).

Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500.

Deltona Municipal Complex 2345 Providence Blvd. Deltona, FL 32725 (386) 878-8100; FAX: (386) 878-8501 City Webpage: www.deltonafl.gov

City of Deltona

2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Heidi K. Herzberg Vice Mayor Victor M. Ramos Commissioner Maritza Avila-Vazquez Commissioner Anita Bradford Commissioner Loren King Commissioner Robert D. McFall Commissioner Chris Nabicht

Monday, October 21, 2019 6:30 PM Deltona Commission Chambers

1. CALL TO ORDER:

2. ROLL CALL – CITY CLERK:

3. INVOCATION AND PLEDGE TO THE FLAG:

A. Invocation Presented by Vice Mayor Ramos.

Background: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor.

4. APPROVAL OF MINUTES & AGENDA:

A. Approval of minutes of the Regular Commission Meeting of October 7, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502.

Background: N/A Attachments: October 7, 2019 Minutes

5. PRESENTATIONS/AWARDS/REPORTS:

A. Proclamation - Central Florida Mobility Week

Background: A proclamation to recognize October 25 through November 1, 2019 as Central Florida Mobility Week. Attachments: Central Florida Mobility Week 2019.docx

B. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce

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Raftery, City Clerk (386) 878-8502.

Background: Quarterly Reports of City Advisory Boards/Committees:

1) Parks and Recreation Advisory Committee - (No Meetings Held) · Senior Advisory Sub-Committee · Youth Advisory Sub-Committee · Citizen Accessibility Advisory Sub-Committee 2) Affordable Housing Advisory Committee - (Written Report Only)

3) William S. Harvey Deltona Scholarship Advisory Board - (No Meetings Held)

4) Ordinance Review Committee - (Written Report Only) Attachments: AHAC 3rd Quarter 2019 Quarterly Report ORC 3rd Quarter 2019 Quarterly Report

C. Update on the City of Deltona’s 25th Anniversary by Shari Simmons, Executive Director of the West Volusia Regional Chamber of Commerce

Background: Shari Simmons will provide an update to the Commission on the City of Deltona’s 25th Anniversary celebration.

6. ORDINANCES AND PUBLIC HEARINGS:

A. Public Hearing - Resolution No. 2019-48, Application to vacate the Del Norte Street and Columbo Avenue rights of way and lots 71-83, 99-103, and 106 within the Yourlando Farms and Groves plat, Map Book 10, Pages 227-228 Volusia County public records lying between Interstate 4 and N. Normandy Blvd. and south of Graves Ave. - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610.

Strategic Goal: Economic Development - Determine the business niche for the City.

Background: The Yourlando Farms and Groves platted lots and rights of way are part of a proposed industrial development being processed as an industrial planned unit development (IPUD) rezoning. The goal is to vacate the lots and rights of way reverting the property to an unplatted status so the land can be developed as in a unified manner as an industrial use.

If vacated, the Del Norte Street and Columbo Av. rights of ways account for about 2.9 acres of public right of way transferred to a private entity. However, the same private entity will dedicate a 12 foot strip of land along the N. Normandy Blvd. frontage, totaling approximately 0.55 acre

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to accommodate the eventual expansion of N. Normandy Blvd.

For more information see the attached staff report and related graphics.

Approval of this item authorizes any necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Resolution No 2019-48 Project Normandy Vacation Yourlando Farms and Groves Staff Report Project Normandy

7. OLD BUSINESS:

8. NEW BUSINESS:

A. Consideration of one (1) member appointment and one (1) alternate member appointment to the Deltona Economic Development Advisory Board. - Joyce Raftery, City Clerk (386) 878-8502.

Strategic Goal: Internal and External Communication.

Background: Deltona Economic Development Advisory Board (DEDAB) Alternate Member Timothy Tyckoson resigned September 16, 2019 and DEDAB member Nikhel Jindal (Vice Mayor Ramos’ appointment) resigned September 6, 2019.

The City has run press releases, posted the opening on D-TV, the City’s web page and on bulletin boards.

The City has received applications from the following members: Gina Martin (current Alternate Member), Deborah Ramos (current Alternate Member), Rafael Ramirez (current Alternate Member), Caleb Woehr, Michael Bowman and Manuel Rodriguez

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Attachments: DEDAB Member List DEDAB By-Laws Resignation-Nikhel Jindal Resignation-Timothy Tyckoson Member-Deborah Ramos Member-Rafael Ramirez Member-Gina Martin Application-Caleb Woehr Application-Michael Bowman Application-Manuel Rodriguez

9. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. Citizen comments for any items. (4 minute maximum length per speaker)

CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity.

10. CONSENT AGENDA:

A. Request to accept the proposal from KPMG for an Organization and Operational Assessment of the City of Deltona Water Utility Services Department - Rep. David Santiago (386) 575-0387.

Strategic Goal: Internal/External Communications

Background: The Water Committee convened their first meeting on July 17th with four more subsequent meetings. The purpose of the meetings were to establish the parameters for an audit to be conducted of Deltona Water while trying to meet or come under the budget of $200,000. The committee consisted of 4 members who are Deltona residents and one member who does not reside in Deltona, but uses Deltona Water and Sewage services. The members are Rep. David Santiago, Dana McCool, Santiago Avila Jr., Valery Vadney, and Tim Coll. At the 3rd and 4th meetings, KPMG was discussed by the committee members as the preferred auditor due to their pre-negotiated contract with the

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State of Florida offering better consulting rates, and their extensive background nationwide of the audit process. In the 5th and final meeting, KPMG was invited to answer questions from the committee members as well as members of the public who attended. A unanimous vote at the end of the meeting was held to submit KMPG’s final proposal to the City Commission.

Attachments: KPMG Scope of Work for City of Deltona for Water and Wastewater deltona fees by task 9 26 19

B. Request to approve an oversized monument sign to be located along Interstate 4 on the Halifax Hospital site, Consistent with Sec. 102-11 Alternative Sign Approval Process - Ron A. Paradise, Director of Planning and Development Services, (386) 878-8610.

Strategic Goal: Economic Development - work with existing businesses.

Background: Halifax Hospital has made application for an oversized monument sign consisting of 645 square feet of copy area facing Interstate - 4. This sign does not conform to the existing sign code regulation which limits the copy area for monument signs to 80 square feet. However, Section 102-11 of the City of Deltona Land Development Code allows for an alternative approval process to facilitate the potential approval of signs that do not comply with the standard requirements of the sign code.

Section 102-11 requires a DRC recommendation and City Commission approval for signs that would not be otherwise permitted by the sign code.

On October 3, 2019 the DRC recommend the City Commission approve the sign with the following conditions:

1) The sign must be limited to 645 Square feet. 2) The sign shall be constructed as per the elevations prepared by Don Bell Signs as included as part in the October 3, 2019 DRC agenda package. (Those renderings are attached for Commission review.) 3) The illumination and effulgence does not result in the illumination of the offsite areas of more than one foot candle nor does the light create safety challenges for the travelling public. 4) All requisite permits be obtained by the applicant to facilitate construction of the sign. Attached is an elevation of the requested 645 square foot sign proposed for the Interstate - 4 frontage.

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Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: HalifaxHealthUF Sign Elevation

C. Request to sunset the Parks and Recreation Advisory Board and its Sub-Committees - Ryan Reckley, Director, Parks and Recreation, (386) 878-8902.

Strategic Goal: Internal and External Communication

Background: The City Commission confirmed the appointment of a seven-member Parks and Recreation Advisory Committee on December 11, 2017. The Parks and Recreation Advisory Board met on an infrequent basis until May 2018. While the term of their appointment provided that they serve until December 31, 2019, the Parks and Recreation Director, in conjunction with the Parks and Recreation Advisory Board, has determined their services are complete and the Committee is no longer necessary.

The Youth Advisory Sub Committee, a sub-committee of the Parks and Recreation Advisory Board, was comprised of students through the age of 18 years, chaired by a member of the Parks and Recreation Advisory Committee. This Sub Committee has not met since July 15, 2015 when all members were termed out due to age limit. The Parks and Recreation Director has determined their services are complete and the Committee is no longer necessary.

The Citizen Accessibility Advisory Sub Committee, a sub-committee of the Parks and Recreation Advisory Board, lost 80% of its members in 2018 and no new members were forthcoming. This Sub Committee had its last meeting on March 15, 2018. The Parks and Recreation Director has determined their services are complete and the Committee is no longer necessary.

The Senior Advisory Sub Committee, a sub-committee of the Parks and Recreation Advisory Board has not met since September 25, 2018. The Parks and Recreation Director has determined their services are complete and the Committee is no longer necessary.

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further Commission approval of this item. D. Request approval of Resolution No. 2019-49, approval and execution of a Local Agency Program (LAP) Agreement for sidewalk improvements associated with Deltona Lakes Elementary and Spirit Elementary. - Ron A. Paradise, Director of Planning and Development Services, (386) 878-8610.

Strategic Goal: Fiscal Issues - Transportation/CIP

Background: In 2016 the City received a River to Sea Transportation Planning Organization (TPO) grant to improve pedestrian facilities near Deltona Lakes Elementary and Spirit Elementary. 90% of the project will be funded by FDOT/TPO and the City grant match is 10%. As part of the City match, plans for the project were prepared by the City and ultimately approved by FDOT.

The project has been planned and funded for some time. In order to continue with FDOT/TPO funding, a Local Agency Program (LAP) agreement needs to be approved and executed between the City and FDOT. The LAP agreement for the project is attached and the agreement has been reviewed by the City Legal Office for legal sufficiency.

The Spirit Elementary portion of the project consists of the installation of various sidewalk segments along sections of Laramore St., Seahorse St., Enfield St., Lavilla St., and Dunlap Dr. The Deltona Lakes Elementary portion of the project consists of sidewalk segments along sections of Carson Ln., Henry Ln., Fountain Rd., Alster Ln., and Amherst Av.

E. Request for approval of the Technical Rescue Interlocal Agreement between Deltona, Orange City and Deland - Bill Snyder, Fire Chief, Deltona Fire Department. (386) 575-6902.

Strategic Goal: Public Safety: To provide quality high-level public safety services to the community through consistent regulations within a coordinated management plan process.

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Background: The Fire Department has a Special Operations Team. This team is made up of firefighters with specialized training above and beyond their normal firefighting and EMS training. The team responds to high hazard technical incidents such as people trapped in high places, structural and trench collapses, confined spaces, vehicle and machinery accidents, and hazardous material incidents. The team responds locally here in the city and around the county through mutual aid agreements. The city received grant funding in the beginning for training and equipment for this team and it is recognized as a state asset that can be deployed around the state during large events or disasters. Orange City and DeLand also have equipment and personnel trained for special operations incidents. The three cities (Deltona, Orange City and DeLand) have been working and training together the last few years and have a great working relationship. The three fire departments are proposing to enter into an interlocal agreement in order to formalize our working relationship. This agreement would insure that the departments train together using the same policies and purchase equipment that is interoperable with each other. Currently, when deployed as a state team, Deltona is required to send six personnel. This agreement would allow for a joint deployment and each city would share the responsibility of sending personnel. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Technical Response Team Interlocal rev 9.30.19 -ada compliant

F. Request approval of Resolution No. 2019-51 to amend the Schedule of Fees for the Building Services Department effective January 1, 2020 - Marc-Antonie Cooper, Assistant City Manager (386) 878-8702, Steve Roland, Assistant Director, Building and Enforcement Services (386) 878-8653, Camille Hooper, Finance Director, (386) 878-8552.

Strategic Goal: Public Safety - To provide high-level public safety services to the community through consistent regulations within a coordinated management plan process; Fiscal Issues - Maintain current fiscal stability, maximize alternative funding sources, and promote an effective system of checks and balances.

Background: Sections 166.222 and 553.80, Florida Statutes, authorizes the City to provide a schedule of fees for building code inspections and enforcement. Ordinance No. 40-2005, adopted September 19, 2005,

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further authorizes the city to charge building and related permit fees to defray the cost of providing these services to the public. The City’s Schedule of Fees for Building Services was most recently amended on March 19, 2007. During workshops held in May 2019 as part of the City’s budget process, the Commission discussed the City’s fee schedules, including Building Services.

Resolution 2019-51 codifies the amendments to the Schedule of Fees for the Building Services Department, as presented in Resolution Attachment A, effective January 1, 2020.

Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Resolution 2019-51_Amended Schedule of Fees_Building Resolution 2019-51_Attachment A Blacklined Resolution 2019-51_Attachment A Clean

G. Request approval of Resolution No. 2019-52 to amend the Schedule of Fees for Fire Inspection Services effective January 1, 2020 - Bill Snyder, Fire Chief, (386) 878-6902; and Camille Hooper, Finance Director, (386) 878-8552.

Background: City Ordinance No. 02-2007, and Chapter 42 of the City of Deltona Code of Ordinances, authorize the City to impose rates for fire inspection services to defray the cost of providing these services to the public. The Fire Inspection Services Fee Schedule was most recently amended on March 19, 2007. During workshops held in May 2019 as part of the City’s budget process, the Commission discussed the City’s fee schedules including proposed amendments to the Fire Services Inspection Fee Schedule.

Resolution 2019-52 amends the Schedule of Fees for Fire Inspection Services, as presented in Resolution Attachment A, effective January 1, 2020.

Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and

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further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Resolution 2019-52_Amended Schedule of Fees_Fire Services Inspections Resolution 2019-52_Attachment A Blacklined Resolution 2019-52_Attachment A Clean

H. Request approval of Resolution No. 2019-50 to amend the Schedule of Fees for Land Development and Zoning Department effective January 1, 2020 - Ron Paradise, Director of Planning and Development Services, (386) 878-8610, and Camille Hooper, Finance Director, (386) 878-8552.

Background: Article VIII, s.2(b) of the State Constitution authorizes the City to perform municipal functions and render municipal services. Ordinance No. 28-2005, adopted May 16, 2005, further authorizes the City to charge application and permitting fees for Zoning and Land Development to defray the cost of providing these services to the public. The City’s Zoning and Land Development Fee Schedule was most recently amended on October 18, 2010. During workshops held in May 2019 as part of the City’s budget process, the Commission discussed the City’s fee schedules, including the Schedule of Fees for Zoning and Land Development.

Resolution 2019-50 amends the Schedule of Fees for Zoning and Land Development and Zoning, as presented in Resolution Attachment A, effective January 1, 2020.

Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Resolution 2019-50_Amended Schedule of Fees_Zoning and Land Development Resolution 2019-50_Attachment A Blacklined Resolution 2019-50_Attachment A Clean

I. Request approval of Resolution No. 2019-55 to amend the Schedule of Fees for Engineering Services effective January 1, 2020 - Phyllis Wallace, Deputy Public Works Director, (386) 878-8965, and Camille Hooper, Finance Director,

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(386) 878-8552.

Background: Article VIII, s.2(b) of the State Constitution authorizes the City to perform municipal functions and render municipal services. Resolution 2010-34, adopted October 18, 2010, established application and permitting fees for Engineering Services to defray the cost of providing these services to the public. During workshops held in May 2019 as part of the City’s budget process, the Commission discussed the City’s fee schedules and the need to routinely review fee schedules; recommended amendments to Schedules of Fees for various departments were presented to the Commission during those workshops, but the Schedule of Fees for Engineering Services was not included in the workshop discussions.

Public Works staff have since reviewed the Schedule of Fees for Engineering Services and recommends changes to the Schedule. Resolution 2019-55 adopts the amendments to the Schedule, as presented in Resolution Attachment A, to become effective January 1, 2020.

Upon approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Resolution 2019-55_Amended Schedule of Fees_Engineering Resolution 2019-55_Attachment A Blacklined Resolution 2019-55_Attachment A Clean

11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:

12. CITY ATTORNEY COMMENTS:

13. CITY MANAGER COMMENTS:

14. CITY COMMISSION COMMENTS:

15. ADJOURNMENT:

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NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).

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Agenda Memo

AGENDA ITEM: A.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 3 - A

SUBJECT: Invocation Presented by Vice Mayor Ramos.

LOCATION: N/A

BACKGROUND: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor.

COST: N/A

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT: City Manager’s Office

STAFF RECOMMENDATION PRESENTED BY: N/A - Invocation Only

POTENTIAL MOTION: N/A - Invocation Only

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Agenda Memo

AGENDA ITEM: A.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 4 - A

SUBJECT: Approval of minutes of the Regular Commission Meeting of October 7, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502.

LOCATION: N/A

BACKGROUND: N/A

COST: N/A

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT: City Clerk’s Office

STAFF RECOMMENDATION PRESENTED BY: City Clerk Joyce Raftery - That the Commission approve the minutes of the Regular Commission Meeting of October 7, 2019, as presented.

POTENTIAL MOTION: “I move to approve the minutes of the Regular Commission Meeting of October 7, 2019 as presented.”

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2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission

Monday, October 7, 2019 6:30 PM Deltona Commission Chambers

REVISED 10/4/2019

1. CALL TO ORDER:

The meeting was called to order at 6:30 p.m. 2. ROLL CALL – CITY CLERK: Present:9 - Commissioner Avila-Vazquez Commissioner Bradford Commissioner King Commissioner McFall Commissioner Nabicht Vice Mayor Ramos Mayor Herzberg City Manager Shang City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG:

A. Invocation Presented by Commissioner McFall. Commissioner McFall led everyone in a silent invocation and the pledge to the flag.

The National Anthem was sung by Julissa Anglero an 11th Grade student at Pine Ridge High School. 4. APPROVAL OF MINUTES & AGENDA:

A. Approval of minutes of the Regular Commission Meeting of September 16, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Bradford, seconded by Commissioner Nabicht, to approve the minutes of the Regular Commission Meeting of September 16, 2019 as presented. The motion carried by the following vote:

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For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg 5. PRESENTATIONS/AWARDS/REPORTS:

A. Super Star Student of the Month Certificates for September 2019 The Mayor and Commission presented Certificates of Recognition to the Super Star Students for the month of September 2019.

B. Recognition of Deltona Panthers - Ryan Reckley, Director, Parks and Recreation, (386) 878-8902 The Mayor and Commission recognizing the Deltona Panthers for their assistance during Hurricane Dorian preparation by helping to fill sandbags.

C. Recognition of State Senator Travis Hutson, State Senator Tom Wright and Representative David Santiago for their assistance in obtaining funds in the amount of $750,000 for the Imbedded Crosswalk Lighting project. The Mayor and Commission recognition of State Senator Travis Hutson, State Senator Tom Wright and Representative David Santiago for their assistance in obtaining funds in the amount of $750,000 for the Imbedded Crosswalk Lighting project.

D. Proclamation - Hispanic Heritage Month September 15-October 15, 2019 The Mayor and Commission presented a Proclamation in honor of Hispanic Heritage Month September 15-October 15, 2019.

E. Proclamation - Fire Prevention Week October 6-12, 2019 The Mayor and Commission presented a Proclamation in honor of Fire Prevention Week October 6-12, 2019.

F. Proclamation - Domestic Violence Awareness Month The Mayor and Commission presented a Proclamation in honor of Domestic Violence Awareness Month.

G. Proclamation - CATALYST Mentor Celebration The Mayor and Commission presented a Proclamation in honor of CATALYST Mentor Celebration. 6. ORDINANCES AND PUBLIC HEARINGS:

A. Public Hearing - Ordinance No. 13-2019, Rezoning +85.1 acres from

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Industrial and Agriculture to Industrial Planned Unit Development (IPUD), at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610.

Strategic Goal: Economic development - business niche. City Attorney Segal-George explained the process for a quasi-judicial hearing.

Commissioner Bradford stated she drove by the site, she did not speak to anyone regarding the item and that she attended the Planning & Zoning (P&Z) Board meeting.

Commissioner Nabicht stated he had no ex parte communication, he drove by the site and discussed the item with staff.

Mayor Herzberg stated she drove by the site and she attended the P&Z Board meeting last month.

Vice Mayor Ramos stated he had no ex parte communication and he drove by the site.

Commissioner Avila-Vazquez stated she drove by the site.

Commissioner McFall stated he drove by the site and he had no ex parte communication.

Commissioner King stated he drove by the site, he attended the P&Z Board meeting and he spoke with citizens about the project.

City Attorney Segal-George asked everyone who would be offering testimony on this item to please stand, raise their right hand and she swore them in.

Planning & Development Services Director gave a brief presentation on the item.

Paul Seefried (Applicant), Vice President of Development, Seefried Industrial Properties, 3333 Riverwood Parkway, Suite 200, Atlanta, Georgia, spoke about bringing a large logistic corporation to the City, traffic analysis, scope of improvements, being a good neighbor, the Comprehensive Plan, access to the site, the labor base, and he gave a brief introduction of his company.

Commissioner Bradford asked how much putting into roadways and Mr. Seefried replied $6 million.

Commissioner Avila-Vazquez asked if most of the traffic would be taking place toward the Graves Avenue area and Mr. Paradise replied northward of 30% of the traffic is going to go on Graves Avenue which is from the portion of traffic coming off of North Normandy Blvd. where it splits. Commissioner Avila-Vazquez asked if there was any residential areas around the project, houses and Mr. Paradise replied no, it is well removed from any residential area. Commissioner Avila-Vazquez asked if commercial traffic is going to be

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restricted from heading toward the Saxon Blvd. area and Mr. Paradise replied yes, everything is modeled and safe guards have been put into place to ensure that all that commercial traffic goes toward the I-4 interchange. Commissioner Avila-Vazquez asked if Kentucky Avenue is an Orange City road and Mr. Paradise replied it is county.

Commissioner King asked what will be done long term and Mr. Paradise replied light industrial and distribution. Mr. Seefried stated the facility will be used as a warehouse distribution facility, but if a new tenant comes in that might change slightly. Commissioner King asked if there is a change would it need Commission approval and Mr. Paradise replied no.

Mayor Herzberg opened the public hearing.

Jean Armstrong, 1428 Summit Hill, Deltona, spoke about the rezoning and what it would bring in, the project would promote services, home values would increase, the project would bring in jobs, potential to bring in other businesses and relieve the tax burden on the residents.

Miriam Schechter, 1309 Merrifield Court, spoke restaurants, one person making a difference, growing Deltona is important, taking everything into consideration, Deltona becoming congested, solar power, building environmentally sound, diesel trucks, air pollution, noise pollution, Deltona residents being chosen first for jobs, citizens not having a say on what companies come into the City, animals and insects, green buildings, access, water reduction strategies, recycling program, waste management plan, building having new technologies and being an environmentalist.

Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about the paperwork vs. what staff stated, Normandy Blvd., incentives for businesses, the project being good for the City, needing roads, tax base, and the project helping to develop the area.

Kim Goodwin, Deltona, spoke about being for the project, secrecy, traffic in the project area, noise and air pollution, displaced animals, what the project will do for the residents, what the residents want, unemployment rates, restaurants and other local businesses.

George Voll, J&J Security, 2922 Howland Blvd., Deltona, spoke about raising his family in the City, the rezoning, having his business for 25 years, the project being good for the City, the impact of the project, the tax dollars and infrastructure, the project supporting the City, occupying over a million square feet, jobs, the I-4 corridor, mom and pop restaurants, welcoming the project and support it, making Deltona great, backing a business of this type, and the difference the project would make to the City.

Eric Alexander, 1470 Brayton Circle, Deltona, spoke about supporting the project, the medical industry, the blue collar worker, supplying boxes and crates to large companies, the project bringing more jobs, the tax relief, land available for restaurants and major projects, infrastructure, reducing the impact as much as possible, traffic issues, the City growing and

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needing jobs, as a whole this is a positive for the City, pay scales, and he supports the project.

Mayor Herzberg closed the public hearing. Motion by Commissioner Avila-Vazquez, seconded by Commissioner Nabicht, to adopt Ordinance 13-2019 rezoning +85.1 acres from Industrial and Agriculture to Industrial Planned Unit Development at first reading and schedule a second and final reading for November 4, 2019. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Commissioner Bradford asked if shift changes were done to accommodate traffic and Mr. Paradise replied yes.

City Attorney Segal-George explained Florida’s non-disclosure provision.

The City Attorney read the title of Ordinance No. 13-2019 for the record.

AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP TO REZONE ±85.1 ACRES OF LAND LOCATED BETWEEN NORTH NORMANDY BOULEVARD AND INTERSTATE 4, SITUATED GENERALLY SOUTH OF GRAVES AVENUE FROM CITY OF DELTONA INDUSTRIAL (I) AND AGRICULTURE (A) TO INDUSTRIAL PLANNED UNIT DEVELOPMENT (IPUD): PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Ordinance No. 13-2019 was adopted at 8:11 p.m.

B. Public Hearing - Ordinance No. 12-2019, Rezoning a +55.6 acre parcel from Residential Planned Unit Development (RPUD) to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610.

Strategic Goal: Create more diversified and high-quality housing opportunities to provide for all market demands. Commissioner Bradford stated she spoke to residents and the applicant.

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Commissioner Nabicht stated he spoke to the applicant’s attorney and the development team.

Mayor Herzberg stated she spoke to the applicant’s attorney and the development teams.

Vice Mayor Ramos stated he spoke to the applicant’s attorney and the development team.

Commissioner Avila-Vazquez stated she spoke to the applicant’s attorney.

Commissioner McFall stated he had no ex parte communication.

Commissioner King stated he spoke to the applicant’s attorney, the development team and residents.

City Attorney Segal-George asked everyone who would be offering testimony on this item to please stand, raise their right hand and she swore them in.

Planning & Development Services Director gave a brief presentation on the item.

Attorney Mark Watts (Applicant), Cobb Cole, 231 North Woodland Blvd., DeLand, gave a brief presentation that included the summary of the request, the City’s long term plan, the overall plan, the regional trail system, input from the neighborhood, staff analysis/report, and lot patterns.

Commissioner King asked about increasing the lot sizes and Mr. Watts replied yes it was incorporated, the larger lots are along Doyle Road and the interior.

Mayor Herzberg opened the public hearing.

Lynn Major, 325 Elnora, Deltona, spoke about the P&Z Board’s recommendation, the project changing the entire neighborhood, traffic, homes being too close together, the prices of the homes, the preserve area and wetlands, the residents that attended the P&Z Board, no traffic signal, the kids in the neighborhood, open land, the water table and flows, the residents not being heard, and the Commission needing to be more concerned.

Cheryl Lataille, 22 S. Courtland Blvd., Deltona, spoke about the project affecting her property, the Osteen area, not receiving a notice for the project, the rezoning being previously approved, the affordable housing crisis, zombie houses, thinking twice before approving the rezoning, the staff report contradicting itself, residents liking their land and privacy, goods and services, real estate, neighborhood amenities, and Homeowner’s Association (HOA).

Mayor Herzberg closed the public hearing.

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Attorney Mark Watts spoke about the staff report, different preferences and diversity, the property owner owning the land since 1953, planning and accommodating for growth, demographic preferences and what is trending, traffic safety and the traffic analysis, the projects proximity to the school, and the area around Lake Hutchinson being kept as an open space or preserve area. Motion by Commissioner Nabicht, seconded by Commissioner Bradford, to adopt Ordinance No. 12-2019 rezoning +55.6 acres from Agriculture to Residential Planned Unit Development at first reading and schedule a second and final reading for November 4, 2019. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Mayor Herzberg asked are the lot sizes in the area of Staten Drive and Attorney Mark Watts replied 80 feet x 100 feet. Mayor Herzberg also asked if this plan were denied and the applicant chose to build what would they build and Attorney Mark Watts replied what was approved was 50 foot wide lots throughout the property.

The City Attorney read the title of Ordinance No. 12-2019 for the record.

AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP TO REZONE ±55.6 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF DOYLE ROAD JUST SOUTH AND EAST OF THE INTERSECTION OF COURTLAND BOULEVARD AND DOYLE ROAD FROM CITY OF DELTONA RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD): PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Against: 1 - Commissioner King Ordinance No. 12-2019 was adopted at 8:55 p.m.

C. Public Hearing - Ordinance No. 11-2019, Rezoning a +56.3 acre parcel from Agriculture to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610.

Strategic Goal: Create more diversified and high-quality housing

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opportunities to provide for all market demands. Commissioner Bradford stated she spoke to the applicant and a resident.

Commissioner Nabicht stated he spoke to the applicant and the attorney.

Mayor Herzberg stated she spoke to the applicant, the attorney, engineers, residents, and she drove the entire perimeter.

Vice Mayor Ramos stated he spoke to the applicant and the attorney.

Commissioner Avila-Vazquez stated she spoke to the applicant and the attorney.

Commissioner McFall stated he had no ex parte communication.

Commissioner King stated he spoke to the applicant, the attorney and the residents. He also drove by the property and attended the P&Z Board meeting.

City Attorney Segal-George asked everyone who would be offering testimony on this item to please stand, raise their right hand and she swore them in.

Planning & Development Services Director Ron Paradise gave a brief presentation on the item.

Commissioner Bradford asked if there would be additional parking and where would it be. Mr. Paradise replied yes, along the anterior road.

Vice Mayor Ramos asked if the access was also recommended by the county and Mr. Paradise replied correct.

Attorney Mark Watts (Applicant), Cobb Cole, 231 North Woodland Blvd., DeLand, gave a brief summary of the request to include the density, the parcel in question, connections and the trail system, open space adjacent to Lake Hutchinson, the staff report, concurrency standards, anticipated growth, holding a neighborhood meeting and noticing surrounding residents, responding and adapting to residents’ concerns, the emergency access point and two off street parking areas.

Commissioner Nabicht asked if the developer would consider looking at traffic calming devices for Staten Drive and Attorney Watts replied yes.

Mayor Herzberg asked if there would be sidewalks and Project Engineer Dave Holden, Quigg Engineering, 6150 South Florida Avenue, Lakeland, replied in relation to the disconnects from Staten Drive, there will be sidewalks on both sides that will stub out to where the road stops and it will be gated and fenced. Mayor Herzberg asked if this would be a gated community and Mr. Holden replied no, the gate he referenced is if they do not connect Staten Drive there would be an emergency gate and fence. Mayor Herzberg asked

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if anything could be done to make the intersection of Elnora Avenue safer and Mr. Holden replied he would need to look into that further because it would depend on the right-of-way and what is in that right-of-way.

Commissioner Nabicht asked if Staten is on the City’s sidewalk list and Public Works/Deltona Water Director John Peters replied he did not know.

Attorney Watts stated he could work with staff with regards to things like traffic calming devices, street lighting and sidewalks to see what would be appropriate if the Commission chooses to connect the roads. Also, street lighting would be part of what the HOA covers and typically the adjacent areas would need a street lighting district.

Mayor Herzberg opened the public hearing.

Cheryl Lataille, 22 S. Courtland Blvd., Deltona, spoke about the Commission meeting with the attorney, zombie houses, the price of the houses, and home values.

Lynn Major, 325 Elnora Avenue, Deltona, spoke about being disheartened, the P&Z Board meeting, the project bringing changes to the neighborhood, the condition of the roads, the health and safety of the area, considering if there is a fire in the area, dead end roads, the project not being approved in 2006, low income housing, the City’s annual income of $45,000, nothing for millennials, the Commission not considering the residents, gopher turtles, destroying the area, and parking.

David Martin, 318 Elnora Avenue, Deltona, spoke about Staten Drive and its condition, the kids in the neighborhood, and the HOA.

Adriana Simmonds, 98 Neal Drive, Deltona, spoke about the gopher turtles, the kids in the neighborhood, traffic, the intersection of Courtland and Doyle Blvds., commercial plazas, repaved roads, residents not wanting the project, being a community, quality of life, and the Commission looking at the area in the morning.

Kelly Pitman, 2872 Staten Drive, Deltona, spoke about the kids in the neighborhood, living in the area for 25 years, the maintenance of the road and being sad.

Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about water, the lack of playgrounds and green area, the six foot fence buffer, alternates appointed to the P&Z Board and the board’s recommendation, the area being too dense, sewer, the size of the lots, the aquifer and the springs, and roads.

Terri Ellis, 1620 West Akron Drive, Deltona, spoke about millennials, post foreclosure anxiety, millennials delaying having a family, rental homes, the P&Z Board recommendation, resident notification, ways to communicate, and the residents deserving an explanation.

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Miriam Schechter, 1309 Merrifield Court, Deltona, spoke about HOAs, lot sizes, the capacity of the school districts, street lights, lower income residents, social security, the cost of the homes proposed, and considering the residents and their opinions.

Mayor Herzberg closed the public hearing.

Commissioner Bradford stated that the county would not have approved the project if there was insufficient water, correct and Attorney Watts replied on Page 8 of the staff report it talks about the concurrency analysis and he gave a brief explanation of that.

City Attorney Segal-George explained the process which is different for the P&Z Board and the Commission. Attorney Watts stated that the input of the P&Z Board is why the changes to the project took place and it is an important part of the process. Motion by Commissioner Bradford, seconded by Commissioner Nabicht, to extend the meeting. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Motion by Vice Mayor Ramos, seconded by Commissioner McFall, to adopt Ordinance No. 11-2019 rezoning +56.3 acres from Agriculture to Residential Planned Unit Development at first reading and schedule a second and final reading for November 4, 2019. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item and this is with staff's recommendation of the opening of Staten Drive. The City Attorney read the title of Ordinance No. 11-2019 for the record.

AN ORDINANCE OF THE CITY OF DELTONA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP TO REZONE ±56.3 ACRES OF LAND LOCATED OFF OF DOYLE ROAD AND NEAR THE EAST CENTRAL FLORIDA REGIONAL RAIL TRAIL FROM CITY OF DELTONA AGRICULTURE (A) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD): PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. The motion carried by the following vote: For: 6 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg

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Against: 1 - Commissioner King Ordinance No. 11-2019 was adopted at 10:05 p.m. 7. OLD BUSINESS:

None. 8. NEW BUSINESS:

None. 9. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about speed bumps, Neighbors Helping Neighbors picnic October 19th 10:00 a.m. to 3:00 p.m. at Festival Park, the length of the agenda and time management, and the awards portion of the agenda.

Carolyn Spivey, 1653 Jordan Terrace, Deltona, spoke about loving her home, being in an accident, speeding down Ft. Smith Blvd., needing a stop sign at Ft. Smith Blvd. and April Avenue, the blind spot on April Avenue, and she requested someone look at Ft. Smith Blvd.

Terri Ellis, 1620 West Akron Drive, Deltona, spoke about incidents in the middle of the night, meetings with social service agencies, Ft. Smith Blvd. and needing sidewalks, Hepatitis A, and communication.

Linda Beeghly, 2644 Haulover Blvd., Deltona, spoke about her road being a cut through, speaking with Volusia County Sheriff’s Office, cars driving too close, cars passing on a double yellow line, kids not being able to play outside, cars racing on her road, installing speed bumps, cars taking out a fence and a tree, the road being a racetrack, and if a petition is needed she is more than willing to do it. CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. 10. CONSENT AGENDA:

Commissioner Bradford requested to pull Consent Agenda Item 10-B.

Motion by Commissioner Nabicht, seconded by Commissioner Bradford, to approve Consent Agenda Item 10-A. The motion carried by the following vote:

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For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg

A. Request for approval of the Interlocal Agreement for Provisions of Municipal Services to the City of Deltona - John Peters, Public Works Director, (386) 878-8973.

Strategic Goal: Infrastructure, work jointly with Volusia County for Traffic Signalization and Mosquito Control Services. Approved by Consent Agenda - to approve the Interlocal Agreement for Provision of Municipal Services to the City of Deltona and Volusia County, and approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.

B. Request to grant an exception to the 2016-2019 Local Housing Assistance Plan (LHAP) to facilitate the rehabilitation of a dwelling located at 2810 Coontie Av. for the purpose of achieving the required SHIP program year 2016-2017 very low income set aside - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610.

Strategic Goal: Economic Development - create more high-quality housing opportunities. Commissioner Bradford asked how many applications were submitted and how was the applicant chosen. Planning & Development Services Director Ron Paradise replied there were four or five applicants that were vetted. Some of the applicants did not meet the very low income qualification and this is a means based program. Other applicants were not interested in having their property encumbered by a lease that is part of the continued affordability objective of the program. The last one met the income limits and agreed to have a lien placed on their home. Motion by Commissioner Nabicht, seconded by Vice Mayor Ramos, to approve Consent Agenda Item 10-B. The motion carried by the following vote: For: 7 - Commissioner Avila-Vazquez, Commissioner Bradford, Commissioner King, Commissioner McFall, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg

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11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS:

Commissioner Nabicht stated on the River To Sea Transportation Planning Organization (TPO) put together the Legislative positions for the TPO which can be found on their website and it was also emailed to the Commissioners. They are available in draft form and will be voted on at the next TPO meeting to go ahead and lobby the Legislative Delegation for those items that the TPO listed as priorities. There is a TDC (Tourist Development Council) meeting on October 11th at the Ocean Center which he will be attending. There is an MPO (Metropolitan Planning Organization) meeting coming up in Orlando and he will report on both of these.

Vice Mayor Ramos requested that the chair of the 25th Anniversary Celebration provide a report at the next Commission meeting, 21st of October and the Commission concurred. 12. CITY ATTORNEY COMMENTS:

None. 13. CITY MANAGER COMMENTS:

None. 14. CITY COMMISSION COMMENTS:

Commissioner Bradford gave her condolences to the Kent family, the City lost a great advocate for the voice for the people, he helped build much of Deltona, and his passing was sudden. Our prayers are with the family and friends and this was a great loss for Deltona. She would like to look at 591 Antoinette Street, Deltona because the resident had called regarding a concern that in the past there was digging to correct the drainage, but since it was done the resident has seen the property shifting and move. She reminded everyone of Bacon and Brew Fest this Saturday at Dewey O’Boster starting at 1:00 p.m. She will be in the dunk tank at 2:15 p.m. and she suggested talking the City Manager and Deputy City Manager to be in the dunk tank. She encouraged everyone to come out and enjoy all the festivities. The event has been very successful in DeLand, she is honored the event is in Deltona and she thanked Mr. Hearn.

Commissioner Bradford stated she drove to work this morning and at the intersection of Graves and Normandy Blvds. it is dark and in need of street lights. It was a good thing she was familiar with the area because it is pitch black, no lights. Commissioner Nabicht stated the Commission has had that conversation before and it has gone nowhere. Every boulevard in the City has street lights which are paid for by the City, it is not a special street lighting district, with the exception of Normandy Blvd. from Firwood Drive to Graves Blvd. and Howland Blvd. from the high school to S.R. 415. It has fallen on busy ears and we need to go back and talk to Duke Energy and/or Florida Power and Light. Commissioner Avila-Vazquez stated if she is not mistaken the conversation took place with Mr. Paradise. City Manager Shang replied the issue was addressed the issue with Howland Blvd. which

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is in the works. Commissioner Bradford stated it has not changed, so long story short especially with the time change, now with a 4:00 a.m. shift starting in that area it is really dark there. Commissioner Nabicht stated the Commission is also talked about installing sidewalks in that area from the movie theater to Graves Blvd. and Commissioner Bradford replied right, that was supposed to be in the works as well. She stated at this point it is sooner rather than later as she is watching kids walking right by the road on Graves Blvd. and it is too dangerous.

Commissioner Bradford stated regarding Terri Ellis’ comments on communication, residents can sign up for notifications on the City’s website and residents will get blasted with information. The City needs to convey that and determine how to encourage residents to utilize the tools, Apps and Alexa the City has in place.

Commissioner Nabicht stated he had his dates mixed up, the 11th is the MPO meeting in Orlando and the 25th is the TDC meeting in Daytona.

Vice Mayor Ramos reminded everyone that Friday night is Battle of the Boulevards between Deltona High School and Pine Ridge High School which starts at 7:00 p.m. at Pine Ridge High School and the Commission will be awarding the first Gladiator Torch trophy, come out and have some fun.

Mayor Herzberg stated regarding Terri Ellis’ comments about four to five people at a meeting, she did not know if she was referencing the developer meeting that was for the projects. He had said there were only a few people there, but that was not the City, that was the developer going out and doing that. The water meeting held by the City had a lot of advertising, Deltona Strong did a lot and there were not that many people who responded. It is hard to reach the residents, there are different ways to do that, but the City will keep working on it. She believes the City is going to do something regarding the Hepatitis A, at least put out a notice or alert. She thanked everyone in attendance and watching online and she apologized for the late hour. 15. ADJOURNMENT:

There being no further business, the meeting adjourned at 10:34 p.m.

______Heidi K. Herzberg, MAYOR

ATTEST:

______Joyce Raftery, CMC, MMC, CITY CLERK

City of Deltona Page 14 Printed on 10/10/2019 2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: A.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 5 - A

SUBJECT: Proclamation - Central Florida Mobility Week

LOCATION: N/A

BACKGROUND: A proclamation to recognize October 25 through November 1, 2019 as Central Florida Mobility Week.

COST: N/A

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT: City Manager’s Office

STAFF RECOMMENDATION PRESENTED BY: N/.A - Proclamation Only

POTENTIAL MOTION: N/A - Proclamation Only

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WHEREAS, Central Florida Mobility Week was successfully launched in 2016; and

WHEREAS, Mobility Week’s inception, our Central Florida community partners have embraced the idea of collaboratively promoting safety and the use of transportation alternatives; and

WHEREAS, due to the success of efforts in the Central Florida region, Mobility Week was expanded to a statewide initiative in 2018; and

WHEREAS, Mobility Week is a coordinated and concentrated celebration of weeklong activities to promote awareness of transportation choices and safety; and

WHEREAS, it is an ideal time for partner agencies to host events, highlight achievements, or roll out initiatives supporting sustainable and multimodal transportation; and

WHEREAS, last year in Central Florida alone, more than 22,000 members of the public with the message of safe transportation choices were reached and included group bicycle rides and rodeos, bicycle helmet fittings, walking tours and audits, inaugural events, transit awareness, professional workshops, promotional distributions and other safety related events.

NOW THEREFORE, We, the Mayor and City Commission of Deltona do hereby recognize October 25 through November 1, 2019, as “Central Florida Mobility Week” in the City of Deltona and urge all residents to participate in any safe transportation choices during Mobility Week to support this cause.

EXECUTED this 21st day of October, 2019.

Heidi K. Herzberg, Mayor

2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: B.

TO: Mayor and Commission AGENDA DATE: 1/22/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 5 - B

SUBJECT: Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502.

LOCATION: N/A

BACKGROUND: Quarterly Reports of City Advisory Boards/Committees:

1) Parks and Recreation Advisory Committee - (No Meetings Held) · Senior Advisory Sub-Committee

· Youth Advisory Sub-Committee

· Citizen Accessibility Advisory Sub-Committee 2) Affordable Housing Advisory Committee - (Written Report Only)

3) William S. Harvey Deltona Scholarship Advisory Board - (No Meetings Held)

4) Ordinance Review Committee - (Written Report Only)

COST: N/A

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT: City Clerk’s Department

STAFF RECOMMENDATION PRESENTED BY: N/A - Presentation Only.

POTENTIAL MOTION: N/A - Presentation Only.

City of Deltona Page 1 of 1 Printed on 10/16/2019 powered by Legistar™ City of Deltona

THIRD QUARTER 2019 AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) REPORT

MEETING DATES: Since the AHAC has met their statutory obligation until 2020 the committee voted to meet every other month. The Committee meet at the Center in July. This meeting gave the AHAC an opportunity to understand how various grant funding can be used. The committee did not meet in August and the September meeting was canceled due to hurricane Dorain.

Housing & Community Development Services a Division of Planning & Development Services Department 2345 Providence Boulevard, Deltona, Florida 32725 (386) 878 -8619  Fax (386) 878-8601 Webpage: www.deltonafl.gov Revised 02/17/14

City of Deltona

THIRD QUARTER (3RD) 2019 ORDINANCE REVIEW COMMITTEE REPORT

MEETING DATES:

The ORC met on August 1, 2019. The July meeting was canceled because of the 4th of July holiday and the September meeting was canceled because of Hurricane Dorian.

ITEMS HEARD AT THE PLANNING AND ZONING BOARD MEETINGS:

ORDINANCES/DISCUSSIONS/ORIENTATION/ELECTIONS: 1

The ORC reviewed matters related to animal cruelty and animal tethering.

A. Animal Cruelty and Animal Tethering: The ORC reviewed various local government regulations regarding animal cruelty and tethering. Code Compliance Officers Lovett and Gibson were present to discuss animal control issues within the City. Discussion ensued regarding animal control matters. Animal cruelty and tethering issues have been directed to the City Commission for further discussion.

2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: C.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 5 - C

SUBJECT: Update on the City of Deltona’s 25th Anniversary by Shari Simmons, Executive Director of the West Volusia Regional Chamber of Commerce

LOCATION: Deltona

BACKGROUND: Shari Simmons will provide an update to the Commission on the City of Deltona’s 25th Anniversary celebration.

COST: N/A

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT: City Manager’s Office

STAFF RECOMMENDATION PRESENTED BY: N/A - Presentation Only

POTENTIAL MOTION: N/A - Presentation Only

City of Deltona Page 1 of 1 Printed on 10/16/2019 powered by Legistar™ 2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: A.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 6 - A

SUBJECT: Public Hearing - Resolution No. 2019-48, Application to vacate the Del Norte Street and Columbo Avenue rights of way and lots 71-83, 99-103, and 106 within the Yourlando Farms and Groves plat, Map Book 10, Pages 227-228 Volusia County public records lying between Interstate 4 and N. Normandy Blvd. and south of Graves Ave. - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610.

Strategic Goal: Economic Development - Determine the business niche for the City.

LOCATION: Approximately 109 acres located between Interstate 4 and N. Normandy Blvd. generally located south of Graves Av. situated within the City of Deltona Activity Center.

BACKGROUND: The Yourlando Farms and Groves platted lots and rights of way are part of a proposed industrial development being processed as an industrial planned unit development (IPUD) rezoning. The goal is to vacate the lots and rights of way reverting the property to an unplatted status so the land can be developed as in a unified manner as an industrial use.

For more information see the attached staff report and related graphics.

COST: N/A

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT:

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: A.

Planning and Development Services

STAFF RECOMMENDATION PRESENTED BY: Ron A. Paradise, Director, Planning and Development Services - Staff recommends the City Commission approve Resolution No. 2019-48 vacating the Del Norte Street and Columbo Avenue rights of way and lots 71-83, 99-103, and 106 within the Yourlando Farms and Groves plat, Map Book 10, Pages 227-228 Volusia County public records lying between Interstate 4 and N. Normandy Blvd. and south of Graves Ave.

POTENTIAL MOTION: “I hereby move to approve Resolution No. 2019-48 vacating the Del Norte Street and Columbo Avenue rights of way and lots 71-83, 99-103, and 106 within the Yourlando Farms and Groves plat, Map Book 10, Pages 227-228 Volusia County public records lying between Interstate 4 and N. Normandy Blvd. and south of Graves Av. Approval of this item authorizes any necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

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RESOLUTION NO. 2019-48

A RESOLUTION OF THE CITY OF DELTONA, FLORIDA, VACATING THE DEL NORTE STREET AND COLUMBO AVENUE RIGHTS OF WAY, AND LOTS 71-83, 99-103, AND 106 WITHIN THE YOURLANDO FARMS AND GROVES PLAT AS RECORDED IN MAP BOOK 10, PAGES 227-228 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FL LOCATED BETWEEN I-4 AND NORTH NORMANDY BOULEVARD, SOUTH OF GRAVES AVENUE.; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. ______

WHEREAS, Section 106-32 of the Deltona Code of Ordinances was adopted by the City Commission and is known as “Vacation of Platted Subdivisions”; and WHEREAS, an application has been made to vacate several lots and a portion of rights of way known as Del Norte Street and Columbo Avenue of the Yourlando Farms and Groves Plat, MB 10, PG 227-228 described as follows: lots 71-83, 99-103 and 106 Yourlando Farms and Groves map Book 10, pages 227-228 located east of I-4, south of Graves Avenue and west of North Normandy Boulevard, and that portion of the Del Norte Street right-of-way abutting lots 71-81 and abutting lots 100-103 Yourlando Farms and Groves Map Book 10, Pages 227-228 and a portion of the Columbo Street right of way abutting lots 81,82,83,99 and 100 Yourlando Farms and Groves Map Book 10, Pages 227-228, all located east of I-4, south of Graves Av and west of North Normandy Boulevard, public records of Volusia County, Florida; and WHEREAS, the City of Deltona has the power and authority to vacate and abandon entire or portions of plats and/or platted rights of way under constitutional home rule powers and Chapter 166 Florida Statutes; and WHEREAS, the City of Deltona has determined it is the best interest and welfare of the City of Deltona and the citizens thereof to vacate and abandon the subject lots and rights of way associated with the Yourlando Farms and Groves plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA: Section 1. The following right of way segments are hereby declared to be vacated and abandoned: lots 71-83, 99-103 and 106 Yourlando Farms and Groves Plat map Book 10, pages 227-228 located east of I-4, south of Graves Avenue and west of North Normandy City of Deltona, Florida Resolution No. 2019-48 Page 2 of 2

Boulevard, and that portion of the Del Norte Street right-of-way abutting lots 71-81 and abutting lots 100-103 Yourlando Farms and Groves Map Book 10, Pages 227-228 and a portion of the Columbo Street right of way abutting lots 81,82,83,99 and 100 Yourlando Farms and Groves Map Book 10, Pages 227-228, all located east of I-4, south of Graves Av and west of North Normandy Boulevard, public records of Volusia County, Florida. Section 2. Conflicts. All Resolutions or parts of Resolutions insofar as they are inconsistent or in conflict with the provisions of this Resolution are hereby repealed to the extent of any conflict. Section 3. Severability. In the event any portion of this Resolution is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portion or sections of the Resolution which shall remain in full force and effect Section 4. Effective Date. This resolution shall take effect immediately upon its final adoption by the City Commission. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA, THIS ______DAY OF ______, 2019.

______Heidi K. Herzberg, MAYOR

ATTEST:

______Joyce Raftery, CMC, MMC, CITY CLERK

Approved as to form and legality for use and reliance of the City of Deltona, Florida:

______CITY ATTORNEY

Staff Report

To: Planning and Zoning Board

From: Ron A. Paradise, Director, Planning and Development Services

Date: September 12, 2019

Re: Project No. AROW 19-0001, proposed vacation of lots and rights-of-way associated with a portion of the YOURLANDO FARMS AND GROVES plat. Resolution No. 2019-48.

Summary of Application: Request to vacate several lots and a that portion of the Del Norte Street and Columbo Avenue rights-of-way, Yourlando Farms and Groves Plats, as per the map or plat thereof recorded in Map Book 10, Pages 227-228 of the Public Records of Volusia County, Florida. Applicant: Jason A. Lewis, P.E. (Kimley-Horn) Tax Parcel No.: 81604000710 and 810604000790 Property Location: Generally located between I-4 and N. Normandy Blvd. situated south of Graves Av. Acreage to be vacated: ± 2.9 Acres – Right of Way Legal Description: A parcel of land lying between Section 7, Township 18 South, Range 31 east, Volusia County, Florida, being more particularly described as follows: For a POINT OF BEGINNING commence at the Southeast corner of the Northwest I/4 of said Section 7; thence N.00°08’23”W., along the East boundary of said Northwest I/4 of Section 7, a distance of 2,584.43 feet to the South right-of-way line of Graves Avenue; thence along said South right-of-way line, N.89°19’12”W., a distance of 174.57 feet; thence s.00°12’06”W., a distance of 60.82 feet to the Southerly and Easterly right-of-way line of Interstate No. 4 (State Road no.400) as per the Florida Department of Transportation Right-of-Way Map of State Road No. 400 (I-4), Section 79110, dated 10/16/03; thence along said right-of-way line of Interstate no. 4 the following three (3) courses: (1) S.89°47’54”W., a distance of 334.47 feet to a non-tangent point of curvature; (2) Southwesterly 322.37 feet along the arc of a curve to the left, said curve having a radius of 348.68 feet, a central angle of 52°58’19”, and a chord bearing and distance of S.42°13’44”W., 311.01 feet. (3) S.15°43’46”W., a distance of 3,746.77 feet to the North boundary of FOREST PARK HILLS, as per the map or plat thereof recorded in Map Book 23, Page 152 of the Public Records of Volusia County, Florida, thence along said North boundary, S.89°30’08”E., a distance of 421.34 feet to the East boundary of said FOREST PARK HILLS, (also being the West boundary of YOURLANDO FARMS AND GROVES, as per the map or plat thereof recorded in Map Book 10, Pages 227-

Page 1 of 4

228 of the Public Records of Volusia County, Florida), thence along said East boundary of FOREST PARK HILLS and West boundary of YOURLANDO FARMS AND GROVES, S.00°07’51”E., a distance of 661.26 feet to the Westerly right-of-way line of North Normandy Boulevard; thence along said Westerly right-of-way line the following six courses: (1) N.50°42’22”E., a distance of 394.37 feet to a non-tangent point of curvature; (2) Northeasterly 415.62 feet along the arc of a curve to the right, said curve having a radius of 1.959.14 feet, a central angle of 12°09’18”, and a chord bearing and distance of N39°47’43”E., 414.84 feet. (3) N.45°54’00”E., a distance of 900.38 feet to a non-tangent point of curvature; (4) Northeasterly 139.91 feet along the arc of a curve to the left, said curve having a radius of 1,881.42 feet, a central angle of 04°15’39”, and a chord bearing and distance of N.43°18’04”E., 139,88 feet; (5) N.88°33’15”W., a distance of 16.03 feet to a non-tangent point of curvature. (6) Northeasterly 786.45 feet along the arc of a curve to the left, said curve having a radius of 1,844.86 feet, a central angle of 24°25’29”, and a chord bearing and distance of N29°33’13”E., 780.51 feet to the South boundary of the Northeast ¼ of said Section 7; thence along said South boundary of the Northeast ¼, N.89°51’11”W., a distance of 364.72 feet to the POINT OF BEGINNING. Containing 109.495 acres, more or less. Existing Zoning: Agricultural (A) and Industrial (I) Districts. Background: An application has been made, consistent with Section 106-32 to vacate several lots and a portions of rights of way (RoW) known as Del Norte Street and Columbo Avenue associated with the 1920’s vintage plat of the Yourlando Farms and Groves. A criterion with regard to the vacation of RoW is that a vacation action should not result in an owner being deprived of access. A review of the requested RoW plat vacation elucidated no other landowners within the area will be deprived of access. Furthermore, since the lots are part of a unified property under a single owner, the RoW will facilitate a development of the property in a consolidated manner. The requested vacation will better position the property for the industrial development planned for the area. Matters for Consideration: Section 110-1101, Code of City Ordinances, states that the City shall consider the following matters when reviewing applications for amendments to the Official Zoning Map:

1. Whether it is consistent with all adopted elements of the Comprehensive Plan. The purpose of the vacation request is to achieve a more unified development within a strategic area of the City-the Activity Center. The property is proposed for an industrial use. Therefore the proposed vacation will further City planning objectives and is consistent with the City Comprehensive Plan. The following Comprehensive Plan provision is applicable: Policy FLU1-7.19 The City of Deltona shall use the appropriate regulatory mechanisms to resolve conflicts between platted lands and the Comprehensive Plan and address the problems of lands which are platted, but possess limitations to development based upon inadequate public facilities and services, substandard lot configurations, or environmental constraints. 9J-5.006(3) (c) (1, 7)

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The requested vacation will help unify lands previously constrained by an obsolete plat and will allow enough land to support modern development forms, including an option to expand the City’s industrial land use base. Therefore, the request would be consistent with this policy. Policy FLU1-7.23 The City shall seek to ensure that its Future Land Use Plan Map provides for a minimum of six acres of commercial lands and four acres of industrial lands per 1,000 residents, with a goal of providing 10 or more acres of commercial lands and six or more acres of industrial lands per 1,000 residents by 2025. 2. Its impact upon the environment or natural resources. The RoW area requested for vacation is in a natural condition and can be described as densely forested. At this time the area is planned for development and as part of a required rezoning event and a site plan review process. As part of the site plan review process, the property will be surveyed for listed species (scrub jays and gopher tortoises). Trees will be afforded protection under the City Land Development Code. 3. Its impact upon the economy of any affected area. The property situated between the I-4 and N. Normandy Blvd. has been planned for many years for industrial land use. Furthermore, this area has been recognized as an important employment asset. The proposed vacation of the RoW will create a condition conducive to unify the area which is constrained by an antiquated plat. The result will be an expanded tax base, and greater local employment opportunity. 4. Notwithstanding the provisions of Article XIV of the Land Development Code, Ordinance No. 92-25 [Chapter 86, Code of Ordinances] as it may be amended from time to time, its impact upon necessary governmental services, such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems. a. Schools: N/A; not associated with a residential use b. Sewage Disposal: County of Volusia c. Potable Water: County of Volusia d. Drainage: Storm water will be managed as per the City Land Development Code e. Transportation Systems: The project will include adequate access to public transportation through access to established roads. 5. Any changes in circumstances or conditions affecting the area. Site is slated to be developed with approximately 1.4 million square feet of industrial/warehouse use. The project represents a significant economic asset for the City. The vacation request will result in 2.9 acres of public land transferred to a private interest. However, as part of a rezoning request, the City is requesting a 12’ strip of land located along the N. Normandy Blvd. frontage of the property be dedicated to the City. The 12’ requested dedication totals 0.55 acres and will be used to accommodate the future expansion of N. Normandy Blvd. 6. Any mistakes in the original classification. No known mistakes.

Page 3 of 4

7. Its effect upon the public health, welfare, safety, or morals. There are no adverse effects on the public, health, welfare, safety or morals associated with this request. CONCLUSION/STAFF RECOMMENDATION: Staff recommends the City Commission approve Resolution No. 2019-01 vacating the Right of Way segments and lots of Yourlando Farms and Groves Subdivision as follows: Lots 71-83, 99-103 and 106 Yourlando Farms and Groves, Map Book 10, Pages 227-228 located east of I-4, south of Graves Av. and west of N. Normandy Blvd. and that portion of the Del Norte Street Right-of-Way abutting lots 71-78 and abutting lots 100-103 Yourlando Farms and Groves Map Book 10, Pages 227-228 and a portion of the Columbo Street right of way abutting lots 81, 82, 99 and 100, Yourlando Farms and Groves Map Book 10, Page 227-228, all located East of I-4, South of Graves Av and West of N. Normandy Boulevard.

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2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: A.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 8 - A

SUBJECT: Consideration of one (1) member appointment and one (1) alternate member appointment to the Deltona Economic Development Advisory Board. - Joyce Raftery, City Clerk (386) 878-8502.

Strategic Goal: Internal and External Communication.

LOCATION: N/A

BACKGROUND: Deltona Economic Development Advisory Board (DEDAB) Alternate Member Timothy Tyckoson resigned September 16, 2019 and DEDAB member Nikhel Jindal (Vice Mayor Ramos’ appointment) resigned September 6, 2019.

The City has run press releases, posted the opening on D-TV, the City’s web page and on bulletin boards.

COST: N/A

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT: City Clerk’s Department

STAFF RECOMMENDATION PRESENTED BY: Joyce Raftery, City Clerk - That Vice Mayor Ramos select his appointment to the Deltona Economic Development Advisory Board and the Commission appoint an alternate member to the Deltona Economic Development Advisory Board for the remainder of a term to expire on May 31, 2021.

POTENTIAL MOTION: “I move to confirm Vice Mayor Ramos’ appointment of _____ as a full DEDAB member to the Deltona

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: A.

Economic Development Advisory Board for the remainder of a term to expire on May 31, 2021.”

And

“I move to confirm the Commission’s appointment of alternate member _____ to the Deltona Economic Development Advisory Board for the remainder of a term to expire on May 31, 2021.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™ City of Deltona Economic Development Advisory Board Member List Member Name: Appointed By: Appointed Date: Term Expiration: Tanya Boggs Commissioner King 05-20-2013 (Re-Appt) 05-31-2021 CHAIRMAN (District 1) 05-19-2014 (Re-Appt) 360 Monaco Avenue 05-18-2015 (Re-Appt) Deltona, FL 32725 05-15-2017 (Re-Appt) (407) 234-6175 05-06-2019 (Re-Appt) Email: [email protected]

Eric Alexander Commissioner Nabicht 06-16-2014 05-31-2021 VICE CHAIR (District 6) 05-18-2015 (Re-Appt) 1470 Brayton Circle 05-15-2017 (Re-Appt) Deltona, FL 32725 05-06-2019 (Re-Appt) (386) 956-9366 Email: [email protected]

Jean Armstrong Commissioner Avila-Vazquez 05-19-2014 05-31-2021 1428 Summit Hill Drive (District 3) 05-18-2015 (Re-Appt) Deltona, FL 32725 05-15-2017 (Re-Appt) (386) 789-2100 05-06-2019 (Re-Appt) Email: [email protected]

Robert “Bob” Koslow Commissioner Bradford 06-16-2017 (Alternate) 05-31-2021 1249 Winterville Street (District 2) 11-20-2017 (Member) Deltona, FL 32725 05-06-2019 (Re-Appt) (386) 837-1936 Email: [email protected]

Resigned 09-06-2019 Commissioner Ramos 11-20-2017 (Alternate) 05-31-2021 Nikhel Jindal (District 5 12-17-2019 (Member) 2801 Corrigan Drive 05-06-2019 (Re-Appt) Deltona, FL 32738 (386) 682-9328 Email: [email protected]

Glenn Woodley Mayor Herzberg 05-18-2015 (Alternate) 05-21-2021 2781 Benrock Terrace 05-15-2017 (Member) Deltona, FL 32725 05-06-2019 (Re-Apptd) (386) 218-8551 Email: [email protected]

Edward Elliot Commissioner McFall 06-16-2017 (Alternate) 05-31-2021 P.O. Box 47132 (District 4) 12-17-2018 (Member) Lake Monroe, FL 32747 05-06-2019 (Re-Appt) (407) 312-7418 Email: [email protected]

Page 1 of 2

Gina Martin 05-06-2019 05-31-2021 ALTERNATE 2372 Weldon Court Deltona, FL 32738 (407) 617-5055 Email: [email protected] Deborah Ramos 05-06-2019 05-31-2021 ALTERNATE 1212 Providence Boulevard Deltona, FL 32725 (386) 473-5022 Email: [email protected] Rafael Ramirez 05-06-2019 05-31-2021 ALTERNATE 3300 Halifax Crossing Boulevard Deltona, FL 32175 (386) 425-4248 (386) 229-0794 Email: [email protected] Resigned 09-16-2019 05-06-2019 05-31-2021 Timothy Tyckoson ALTERNATE 1261 N. Old Mill Drive Deltona, FL 32725 (407) 474-1546 Email: [email protected]

Staff Liaison: Jerry Mayes, Economic Development Manager City Manager’s Office 2345 Providence Boulevard Deltona, FL 32725 Phone: (386) 878-8619 Email: [email protected]

Revised: October 4, 2019

Page 2 of 2

Deltona Economic Development Advisory Board By-Laws

Article I. Purpose:

Section 1. The Deltona Economic Development Advisory Board was created by the adoption of Resolution No. 2007-04 and became effective May 7, 2007, as adopted by the City Commission. The Board/Committee shall provide information and suggestions regarding economic development and programs involving economic development and the Staff Liaison will present the recommendations to the City Commission on a quarterly basis or as needed. The Advisory Board/Committee shall not have the authority or take any action that will commit the expenditure of public funds, the use of City equipment or personnel and shall not make monetary or other commitments on behalf of the Advisory Board/Committee, the City Commission, or the City of Deltona.

Article II. Staff Liaison:

Section 1. The Advisory Board/Committee Liaison shall serve as the Staff Liaison to the Advisory Board/Committee. In the event the Staff Liaison is unavailable, the appointed designee will assume their responsibilities for the period of their absence.

Section 2. The Advisory Board/Committee Liaison shall provide a summary of the discussion(s) and recommendation(s) of the Board/Committee to the City Commission on a quarterly basis. The schedule of which City Commission Meeting the Boards/Committees will present their quarterly report at is provided by the City Clerk's Office.

Article III. Membership:

Section 1. The Advisory Board/Committee shall consist of seven (7) members. The Mayor and each Commissioner shall each appoint or re-appoint one (1) member to the Advisory Board/Committee during the first regularly scheduled Commission meeting in May every other year beginning in 2015, for terms beginning the following May 31. Each member shall serve a 24 month term and may be re-appointed for additional terms.

Section 2. All applicants to be considered for appointment to the Advisory Board/Committee shall complete a City of Deltona Citizen Board/Committee application form, which will be kept on file by the City Clerk. Advisory Board/Committee By-Laws Page 2 of 6

Section 3. Each member of the Advisory Board/Committee shall be a resident of the City of Deltona, a business owner, or commercial landowner within the City limits and shall serve his or her term without compensation.

Section 4. Any vacancy occurring during the term of an Advisory Board/Committee member shall be filled or replaced by appointment by their respective appointing member of the City Commission for the remainder of the vacancy term.

Section 5. The City Commission shall appoint up to four (4) alternate members for a term of 24 months. The alternate members may take part in discussion, but cannot make motions or vote unless they are filling in for an Advisory Board/Committee member in their absence. Each alternate member will take turns filling in for an absent Advisory Board/Committee member by rotation based on alphabetical order by last name. Each alternate will be appointed for a term of 24 months.

Article IV. Attendance:

Section 1. Members’ office may be declared vacant by reason of death, resignation, mental or physical incapacity, absenteeism as prescribed hereafter, or for conduct bringing discredit to the City of Deltona or the Advisory Board/Committee.

Section 2. So that the Advisory Board/Committee may responsibly carry out its duties, all members should make every effort to attend all meetings. If a member has three (3) unexcused absences or a total of five (5) excused and unexcused absences within a one year period, the Advisory Board/Committee shall terminate the individual’s membership and the Staff Liaison shall advise the appointing Commissioner of the vacancy. The Staff Liaison will also advise the City Clerk of the vacancy. The City Clerk will advertise the opening and place the appointment of a new member on a Regular City Commission Meeting Agenda.

Section 3. Absences may be excused by notifying the Staff Liaison of the circumstances prior to the meeting.

Article V. Officers and Duties:

Section 1. The members of the Advisory Board/Committee shall elect a Chairperson and a Vice-Chairperson each December to serve for a period of one (1) year. If a Chairperson and/or a Vice-Chairperson position become vacant for any reason, a replacement shall be elected by a majority of the full Advisory Board/Committee at their next regularly scheduled Advisory Board/Committee meeting.

Section 2. The Chairperson shall perform the duties ordinarily performed by a Chairperson. All requests and communications shall be channeled through the Staff Liaison. Any and all correspondence by any Board/Committee member shall be directed to the Staff Liaison only and the Staff Liaison will forward the information to the City Commission or staff as necessary. Under no circumstances Advisory Board/Committee By-Laws Page 3 of 6 should a Board/Committee member be directly discussing Board/Committee business with staff or the City Commission. Members of the Advisory Board/Committee may not at any time represent themselves or mislead anyone that they are an employee of the City of Deltona.

Section 3. The Vice-Chairperson shall preside at any meeting in the absence of the Chairperson. If both the Chairperson and Vice-Chairperson are absent, the remaining members, if a quorum is present, shall elect a temporary presiding officer.

Section 4. The Chairperson, Vice-Chairperson or the temporary officer shall ensure that all members of the Advisory Board/Committee are aware of all applicable rules, laws, regulations, policies and procedures.

Article VI. Quorum:

Section 1. In order to have an Advisory Board/Committee meeting, a quorum must be present. The majority of the members must be present to constitute a quorum. A quorum consists of half the Board, Committee or Sub-Committee members, plus one.

Section 2. There must be an affirmative vote of a majority of voting members present in order for any action to be taken by the Advisory Board/Committee.

Article VII. Meetings:

Section 1. Meetings of the Advisory Board/Committee will be held as needed and directed by the City Commission, generally once per month Meetings will be held at a location to be determined by the Staff Liaison.

Section 2. All meetings of the Advisory Board/Committee or any two (2) members thereof, are declared to be public meetings open to the public at all times, and may not be held unless due notice to the City and the public is given as required by Florida’s Government-in-the-Sunshine Laws.

Article VIII. Order of Business:

Section 1. At all regular Advisory Board/Committee meetings, the following shall be the general order of business:

1) Call to order by the Chairperson 2) Roll call 3) Approval of minutes 4) Public Comments 5) Old business 6) New business 7) Member comments 8) Adjournment

Section 2. In order to provide an opportunity for discussion of business before the Advisory Board/Committee prior to a motion, it shall be the duty of the Advisory Board/Committee By-Laws Page 4 of 6 Chairperson to state the matter of business to the Advisory Board/Committee and to provide a period of discussion of the facts relevant to the topic prior to entertaining a motion. After a motion is made and seconded, the Chairperson shall allow additional discussion by the Advisory Board/Committee members. Any member may call for a vote if additional discussion becomes repetitive or irrelevant to the motion.

Article IX. Minutes:

Section 1. The Staff Liaison or the appointed designee shall be responsible for preparing written minutes of all meetings and notices of such meetings in accordance with the Advisory Board/Committee Meeting Agenda Procedure as approved by the City Clerk. The “Draft” minutes, which should be marked “Draft”, of each meeting shall be open for public inspection two (2) weeks following the meeting date on the City’s Website. The “Approved” minutes which will replace the “Draft” minutes shall be properly recorded and open for public inspection the day following the date the minutes were approved by the Advisory Board/Committee, with the original signed minutes kept in the City Clerk’s Office. The Staff Liaison or the appointed designee will be responsible for all public notifications.

Section 2. All communications by or on behalf of the board or any board member(s) shall be made either in public at a board meeting, through communications to the Staff Liaison, or through items placed in the minutes of the board. Neither the board, nor any board member(s), shall purport to speak on behalf of the board or as an official board member through any other means of communication. This restriction shall not prevent any board member from expressing his or her individual ideas or opinions relating to any matter, so long as such expression of ideas or opinions are expressed as that individuals’ ideas or opinions, and not as the ideas or opinions of the board, or the ideas or opinions of such individual as a board member.

Article X. Voting:

Section 1. Any member of the Advisory Board/Committee having a personal or financial interest in any matter shall disclose such interest to the Advisory Board/Committee and shall complete and file with the City Clerk such Memorandum of Voting Conflict as required by law. No member present shall abstain from voting on any matter except as provided by Florida Statutes.

Article XI. By-Laws:

Section 1. The City Commission has final approval of all By-Laws or By- Law changes as recommended by the Staff Liaison, the appointed designee or the Advisory Board/Committee.

Section 2. Motions to amend or add to the By-Laws shall be made in writing to the Staff Liaison. Voting on such motions shall be considered at the next regular meeting of the Advisory Board/Committee. Advisory Board/Committee By-Laws Page 5 of 6

Article XII. Sub-Committees:

Section 1. Each Sub-Committee would need to go before the City Commission for approval and justification.

Section 2. The Advisory Board/Committee shall select Sub-Committee Chairpersons from among its members to serve as Chairperson of each Sub- Committee, where applicable. Sub-Committee members who are not already members of the Board shall select volunteers, from among residents of the City, to serve on each Sub-Committee.

Section 3. All individuals considered for appointment to a Sub-Committee shall complete a City of Deltona Citizen Board/Committee application form, which will be kept on file by the City Clerk.

Section 4. Each Sub-Committee member’s term shall expire two (2) years after the member is appointed or re-appointed during the first regularly scheduled Commission meeting in May every other year beginning in 2015.

Section 5. Each member of the Sub-Committee shall be a resident of the City of Deltona, a business owner, or commercial landowner within the City limits and shall serve his or her term without compensation. Every effort will be made to include representation from each Commission district on the Sub-Committee where possible.

Section 6. Each member shall serve his or her term without compensation.

Section 7. The Chairperson of each Sub-Committee shall ensure that all members of the Sub-Committee are aware of all applicable rules, laws, regulations, policies and procedures.

Article XIII. Dual Office Holding:

Section 1. It is the policy of the City of Deltona that no citizen may, simultaneously, serve on more than one City Board, Committee or Sub- Committee. This policy does not apply to citizens serving on Sub-Committees, or Committees and Boards of a temporary nature, and does not apply to citizens serving on Sub-Committees of the actual board or committee on which such citizen serves.

Section 2. This policy limiting the number of Boards/Committees on which a citizen may serve shall apply prospectively only, and shall not affect the current term being served by citizens on any Board and/or Commission within the City of Deltona. (Commission Policy/Procedure: CC06-001) Advisory Board/Committee By-Laws Page 6 of 6

Article XIV. Sunset Provision:

Section 1. The Advisory Board/Committee and Sub-Committees shall be sunset upon determination by the Deltona City Commission that the Advisory Board/Committee has served its purpose and is no longer needed for recommendations on related matters. September 5, 2019

Mr. Jerry Mayes Economic Development & Ecological Tourism Sustainability Manager 2345 Providence Boulevard Deltona, Florida 32725

RE: Resignation from Deltona Economic Development Advisory Board (DEDAB)

Dear Mr. Mayes,

Please allow this letter to serve as my resignation from the Deltona Economic Development Advisory Board (DEDAB). Due to current personal and work commitments, I am not able to attend as many meetings as I would prefer. This will allow the City to fill this position with someone with more current availability. I appreciate the opportunity and hope to serve on a future committee or board to help our City.

Regards,

Nik Jindal From: Jerry Mayes To: Karissa Green; Sharon Peters; Sandi Jackson Subject: Fwd: DEDAB Date: Tuesday, September 17, 2019 3:44:57 AM

Sent from my iPhone

Begin forwarded message:

From: Tim Tyckoson Date: September 16, 2019 at 8:07:06 PM EDT To: [email protected] Subject: DEDAB

I have given much thought to the City of Deltona Economic Advisory Board and my ability to contribute for the betterment for our citizens. However, though I am honored to have been selected to serve, it appears that my ability to attend the meetings will be (and has been) more difficult to arrange that an expected. Therefore, I respectfully resign my position.

Perhaps some time in the future I can rejoin the group.

Sincerely,

Tim Tyckoson

Published on Deltona FL (https://www.deltonafl.gov)

Home > Departments > City Clerk > Citizen Board/Committee Application > Webform results > Citizen Board/Committee Application

Submission information

Form: Citizen Board/Committee Application [1] Submitted by Anonymous (not verified) May 3, 2019 - 2:55pm 192.12.103.9

Choose from the following: Economic Development Advisory Board

Name RAFAEL A. RAMIREZ

Email [email protected]

Address 3300 HALIFAX CROSSING BLVD.

City, State, Zip Code DELTONA, FL 32175

Phone 386-425-4248

Alt/Cell Phone 386-299-0794

Fax

Organization HALIFAX HEALTH

Number of Years as a Deltona Resident 2 - 5 Years

What Commission district do you reside in? District 2

Are you a registered voter in Volusia County? Yes

Who is your employer? (Please include number of years, address, phone number and title/position) HALIFAX HEALTH HAS BEEN MY EMPLOYEER FOR THE LAST 5.5 YEARS. THROUGH AND UNTIL THE OPENING OF THE HOSPITAL TOWER, MY OFFICE ADDRESS HAS BEEN 303 CLYDE MORRIS BLVD., DAYTONA BEACH 32114. AS OF APRIL 2019, I WAS PROMOTED TO BE THE ADMINISTRATOR OF THE HALIFAX HEALTH/UF HEALTH MEDICAL CENTER OF DELTONA. MY NUMBER IS 386-299-0794.

Please summarize your work experience. PRIOR TO BEING RECRUITED BY HALIFAX HEALTH, I HAD A 38 YEAR CAREER IN BANKING, INCLUDING MY LAST TWELVE YEARS AS CEO, PRESIDENT AND DIRECTOR. DURING MY CAREER, I WAS ALSO SENIOR LENDING OFFICER, COMPLAINCE & SECURITY OFFICER AND SECRETARY OF THE BANK BOARD.

List any volunteer service organizations, clubs, or professional societies you are a member of and give the positions or titles you have held. ORMOND BEACH CHAMBER (CHAIRMAN, DIRECTOR AND TREASURER), DAYTONA CHAMBER (DIRECTOR), ROTARY CLUB OF ORMOND BEACH (CHAIRMAN, VP, TREASURER, DIRECTOR AND SECRETARY), HALIFAX AREA CIVIC LEAGUE (DIRECTOR), CITY OF ORMOND BEACH BUDGET ADVISORY BOARD (CHAIRMAN & DIRECTOR),COUNCIL OF AGING (DIRECXTOR & ASST. TREASURER), BOYS & GIRLS CLUB (DIRECTOR AND CHAIR ELECT), CHECKERED FLAG COMMITTEE (MEMBER), VFYMCA (CORPORATE BOARD & FOUR TOWNES BOARD [CHAIR], BETHUNE COOKMAN UNIVERSITY (TRUSTEE), HEALTHY START COALITION (DIRECTOR & TREASURER), IVY HAWN SCHOOL FOR THE ARTS (BOARD), DAYTONA STATE COLLEGE FOUNDATION (CHAIR), VOLUSIA HISPANIC CHAMBER (VP & DIRECTOR), DELTONA BUSINESS ALLIANCE (PAST CHAIR),WEST VOLUSIA REGIONAL CHAMBER (DIRECTOR), ONE VOICE FOR VOLUSIA (DIRECTOR), MID FLORIDA HOUSING PARTNERSHIP (DIRECTOR & PAST CHAIRMAN), NEIGHBORHOOD ADVISORY & QUALITY OF LIFE BOARDS (CHAIR) AND HEALTH ACADEMIES ADVISORY BOARDS (DELTONA HS, PINE RIDGE HS AND UNIVERSITY HS).I HAVE ALSO HAD INVOLVEMENT WITH TEAM VOLUSIA, UNITED WAY AND SEVERAL BANKIER ASSOCIATIONS.

Have you ever served on a committee or advisory board? If so, give the details, including any positions held. Have you ever held public office? If so, give the details, including offices involved, whether elected or appointed, and the length of service. ALL BOARDS ARE LISTED ABOVE. I HAVE NOT SERVED IN ANY PUBLIC OFFICE CAPACITY.

Describe any additional knowledge, skill, education, or experience you have, which would assist you in the duties of this Board/Committee. I HAVE A BBA IN FINANCE AND AN MBA FROM LOYOLA UNIVERISTY IN NEW ORLAEANS.

Explain why you want to serve on this Board/Committee, and include any potential contribution you selection would bring. I WOULD LOVE TO CONTRIBUTE IN THE ECONOMIC GROWTH OF THE CITY OF DELTONA BY WAYS OF MY VAST EXPERIENCE, CONNECTIONS AND INVOLVEMENT THROUGH MY JOB.

Potential conflict of interest: Do you do business, or are you engaged in the management of any business enterprise that has a financial interest with the City of Deltona? Please give details, including the name of the enterprise, the nature of the business, and the position you hold. NONE

Have you ever been convicted for violation of any federal, state, county, or municipal law, regulation, or ordinance? If so, give details. Do not include traffic violations or fines of $100 or less that were imposed, unless it also included a jail sentence. NONE List names, addresses, and telephone numbers of at least three persons who are in a position to comment on your qualifications and of whom inquiry may be made by the City of Deltona. * DEBBIE COTTON, CEO, ORMOND BEACH CHAMBER OF COMMERCE ([email protected]) 386-677-3454 * KENT SHARPLES, CEO, CEO ALLIANCE, DAYTONA BEACH, ([email protected]) 386-256-4900 * DWIGHT SELBY, ORMOND BEACH COMMISSIONER ([email protected]) 386- 295-8729

Additional Information or Comments

Source URL: https://www.deltonafl.gov/node/393/submission/23553

Links [1] https://www.deltonafl.gov/city-clerk/webforms/citizen-boardcommittee-application

8/22/2019 Submission #41

Published on Deltona FL (https://www.deltonafl.gov)

Home > Departments > City Clerk > Citizen Board/Committee Application > Webform results > Citizen Board/Committee Application

Submission information

Form: Citizen Board/Committee Application [1] Submitted by Anonymous (not verified) July 20, 2019 - 8:34pm 50.88.91.84

Choose from the following:

Affordable Housing Advisory Committee Economic Development Advisory Board Parks & Recreation Advisory Committee Parks & Recreation Senior Advisory Sub-Committee Parks & Recreation Citizen Accessibility Advisory Sub-Committee Parks & Recreation Youth Advisory Sub-Committee Planning & Zoning Board Ordinance Review Committee Other Boards/Committees (Write Board Name in "Additional Information")

Name Caleb Woehr

Email [email protected]

Address 1163 E Page Drive

City, State, Zip Code Deltona, FL 32725

Phone 4079217861

Alt/Cell Phone 4079217861

Fax

Organization

Number of Years as a Deltona Resident 16 - 20 Years

What Commission district do you reside in? https://www.deltonafl.gov/print/393/submission/29334 1/3 8/22/2019 Submission #41 District 4

Are you a registered voter in Volusia County? Yes

Who is your employer? (Please include number of years, address, phone number and title/position) The Home Depot, employed for 5 years, The Home Depot 882 W SR 436 Altamonte Springs, Fl 32714 4078655410 x077

Associate Support Department Supervisor

Please summarize your work experience. I am currently employed and serve as an HR representative.

List any volunteer service organizations, clubs, or professional societies you are a member of and give the positions or titles you have held. Adrianna’s Attic: a nonprofit that provides assistance to low income seniors and families on a regular basis.

Describe any additional knowledge, skill, education, or experience you have, which would assist you in the duties of this Board/Committee. High school graduate, 8+ years of experience in customer service industry.

Microsoft Office and general computer functions.

Explain why you want to serve on this Board/Committee, and include any potential contribution you selection would bring. I am looking to be involved in our community and engaged as a resident. I’d love to be able to provide a different outlook or perspective on matters presented.

List names, addresses, and telephone numbers of at least three persons who are in a position to comment on your qualifications and of whom inquiry may be made by the City of Deltona. Lisa Marullo Blue Fox Ct. Orlando, FL 32825 4076211108 https://www.deltonafl.gov/print/393/submission/29334 2/3 8/22/2019 Submission #41

Rachel Conklin 7701 Sugar Maple Dr Plainfield, IL 60586 5179025294

Gene Cody E Page Drive Deltona, FL 32725 3862599033

Additional Information or Comments

Source URL: https://www.deltonafl.gov/node/393/submission/29334

Links [1] https://www.deltonafl.gov/city-clerk/webforms/citizen-boardcommittee-application

https://www.deltonafl.gov/print/393/submission/29334 3/3 8/22/2019 Submission #29

Published on Deltona FL (https://www.deltonafl.gov)

Home > Departments > City Clerk > Citizen Board/Committee Application > Webform results > Citizen Board/Committee Application

Submission information

Form: Citizen Board/Committee Application [1] Submitted by Anonymous (not verified) January 6, 2019 - 9:26pm 50.88.95.189

Choose from the following:

Affordable Housing Advisory Committee Parks & Recreation Advisory Committee Planning & Zoning Board Ordinance Review Committee

Name Michael Bowman

Email [email protected]

Address 2790 Lafoy Court

City, State, Zip Code Deltona, Florida, 32738

Phone 3868016877

Alt/Cell Phone

Fax

Organization

Number of Years as a Deltona Resident 25+ Years

What Commission district do you reside in? District 5

Are you a registered voter in Volusia County? Yes

https://www.deltonafl.gov/print/393/submission/15434 1/3 8/22/2019 Submission #29 Who is your employer? (Please include number of years, address, phone number and title/position) Lesco Distributing 1203 East Industrial Drive Orange City, Florida 32763 (386) 775-7244 6 years Assistant Buyer

Please summarize your work experience. 6 years with current employer helping to manage a revolving inventory of 6.5 million dollars in 12 volt equipment for 4 locations nationwide. Excel spreadsheet development for projection of needs based on current and historic sales patterns. I work with close to 120 international vendors such as JVC, PRV Audio Brazil, and Metra.

List any volunteer service organizations, clubs, or professional societies you are a member of and give the positions or titles you have held. Member of the Deltona Republican Club of Deltona and the Republican National Hispanic Caucus. Former secretary of the Republican Club on Deltona.

Have you ever served on a committee or advisory board? If so, give the details, including any positions held. Have you ever held public office? If so, give the details, including offices involved, whether elected or appointed, and the length of service. Fundraising Coordinatior for Santiago Avila Jr. election committee. Worked with Candidate Avila to establish relationships with local business and members of our community to fund his run for Mayor of Deltona.

Describe any additional knowledge, skill, education, or experience you have, which would assist you in the duties of this Board/Committee. Formerly employed as an outbound salesman and retention coordinator with a nationwide music company where I worked with students amd parents in 5 Central Florida counties giving me knowledge of how to work with and for members of every shape and size community in Central Florida.

Explain why you want to serve on this Board/Committee, and include any potential contribution you selection would bring. To give back to the community I was raised in and chose to purchase my first home. Having been raised in Deltona I have seen the changes good and bad in our community giving me a unique perspective on how to serve our citizens as a life long resident.

List names, addresses, and telephone numbers of at least three persons who are in a position to comment on your qualifications and of whom inquiry may be made by the City of Deltona. https://www.deltonafl.gov/print/393/submission/15434 2/3 8/22/2019 Submission #29 Ruben Colon 559 Baldwin Ct. Deltona, FL 32725 386-801-3122

Jamison Jessup 557 Normac Ave. Deltona, Florida, 32738 407-956-7541

Loren King 2770 Sadler Lane,Deltona, Florida 386-956-0670

Additional Information or Comments I look forward to speaking with members of our commission on how I can help to contribute to the further improvement of our great city.

Source URL: https://www.deltonafl.gov/node/393/submission/15434

Links [1] https://www.deltonafl.gov/city-clerk/webforms/citizen-boardcommittee-application

https://www.deltonafl.gov/print/393/submission/15434 3/3 Published on Deltona FL (https://www.deltonafl.gov)

Home > Departments > City Clerk > Citizen Board/Committee Application > Webform results > Citizen Board/Committee Application

Submission information

Form: Citizen Board/Committee Application [1] Submitted by Anonymous (not verified) September 17, 2019 - 7:49am 99.40.164.14

Choose from the following:

Affordable Housing Advisory Committee Economic Development Advisory Board Planning & Zoning Board Ordinance Review Committee

Name Manuel Rodriguez

Email [email protected]

Address 1376 Azora Dr.

City, State, Zip Code Deltona, FL 32725

Phone 561-704-5822

Alt/Cell Phone

Fax

Organization

Number of Years as a Deltona Resident 0 - 1 Year

What Commission district do you reside in? District 4

Are you a registered voter in Volusia County? Yes Who is your employer? (Please include number of years, address, phone number and title/position) Retired

Please summarize your work experience. BellSouth (AT&T) 30 years.

List any volunteer service organizations, clubs, or professional societies you are a member of and give the positions or titles you have held. IMAGE of Atlanta, President, LULAC Board Member, Atlanta, GA., Partnership for Community Action, Director, Atlanta, Ga., Genesis Health Care, Chair, Boynton Beach, FL., Interactive Community Action (ICA), Chair,West Palm Beach, FL., Oasis Compasion Agency, English Teacher, West Palm Beach, FL.

Describe any additional knowledge, skill, education, or experience you have, which would assist you in the duties of this Board/Committee. Contract negotiations, public speaking, course development, budgetary processes, supervision, re- engineering, project planning, fluent in Spanish and English.

Explain why you want to serve on this Board/Committee, and include any potential contribution you selection would bring. Make my community a better place to live and play.

List names, addresses, and telephone numbers of at least three persons who are in a position to comment on your qualifications and of whom inquiry may be made by the City of Deltona. Just moved here so I have no other than my resume which I can offer for your review.

Additional Information or Comments New to the area. Move here from Palm Beach County... wanting peace and a quieter life.

Source URL: https://www.deltonafl.gov/node/393/submission/33203

Links [1] https://www.deltonafl.gov/city-clerk/webforms/citizen-boardcommittee-application 2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: A.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 10 - A

SUBJECT: Request to accept the proposal from KPMG for an Organization and Operational Assessment of the City of Deltona Water Utility Services Department - Rep. David Santiago (386) 575-0387.

Strategic Goal: Internal/External Communications

LOCATION: N/A

BACKGROUND: The Water Committee convened their first meeting on July 17th with four more subsequent meetings. The purpose of the meetings were to establish the parameters for an audit to be conducted of Deltona Water while trying to meet or come under the budget of $200,000. The committee consisted of 4 members who are Deltona residents and one member who does not reside in Deltona, but uses Deltona Water and Sewage services. The members are Rep. David Santiago, Dana McCool, Santiago Avila Jr., Valery Vadney, and Tim Coll. At the 3rd and 4th meetings, KPMG was discussed by the committee members as the preferred auditor due to their pre-negotiated contract with the State of Florida offering better consulting rates, and their extensive background nationwide of the audit process. In the 5th and final meeting, KPMG was invited to answer questions from the committee members as well as members of the public who attended. A unanimous vote at the end of the meeting was held to submit KMPG’s final proposal to the City Commission.

COST: $191,437 401360-523101

SOURCE OF FUNDS: Deltona Water Professional Services

ORIGINATING DEPARTMENT: Deltona Water

STAFF RECOMMENDATION PRESENTED BY: Deltona Water Director John Peters - That the Commission award to KPMG at a total cost of $191,437 to provide an Organization and Operational Assessment of the City of Deltona Water Utility Services Department.

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: A.

POTENTIAL MOTION: “I move to make award to KPMG at a total cost of $191,437 to provide an Organization and Operational Assessment of the City of Deltona Water Utility Services Department. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™

KPMG LLP Tel 404 222 7302 303 Peachtree Street NE Internet www.us.kpmg.com Suite 2000 Atlanta, GA 30308

October 4, 2019

Ms. Kate Duffy Purchasing Manager City of Deltona 2345 Providence Blvd Deltona, FL 32725

RE: An Organizational and Operational Assessment of the City of Deltona Water Utility Services Department (including Water and Wastewater)

Dear Ms. Duffy:

KPMG LLP (KPMG) is pleased to submit our proposal to provide an Organizational and Operational Assessment of the City of Deltona (the “City”) Water Utility Services Department (Department). We applaud the City’s commitment to transform and reinvest in its organization and customers and to achieve enhanced customer service, increased transparency and accountability, and excellence in operations. As an organization accountable to the public, it is important for the City to maintain transparency and accountability to its customers, stakeholders, and citizens. We can help inform City leaders on the status of current water and wastewater operations and provide meaningful observations and actionable recommendations for potential improvements.

We have selected a diversified and multi-disciplined Project Team with the depth of experience required for a project of this type. The KPMG Project Team members are able to draw on their own and KPMG’s collective knowledge of utility and local government operations and leading practices to provide you with the informed insights and action steps. The proposed KPMG Project Team has significant experience assessing utility organizations as well as developing and implementing strategies to help mitigate identified process and control gaps for leading public and private sector organizations around the country. KPMG has reviewed operational and administrative functions for large and small public water and sewer utilities in the past and this experience will allow our team to leverage our deep understanding of current utility operational and technology strategies implored across the country. We understand both leading practices and lessons learned.

In addition to KPMG resources, the proposed team consists of professionals from Government Services Group (GSG)* who bring additional significant experience related to water utility management and optimization. GSG’s Municipal Services Division manages the Florida Governmental Utility Authority (FGUA), one of the largest “single purpose” multi-county government entities in Florida. The FGUA owns and operates water and wastewater facilities in 14 counties, carrying out policy and direction for a seven member Board. GSG’s management of the FGUA has earned it state and national recognition for its innovative programs and the award by the Department of Defense of a 50-year contract to own, operate and improve water and Ms. Kate Duffy City of Deltona Page 2

wastewater facilities at MacDill Air Force Base in Tampa. It has been engaged specifically to perform utility operations reviews by several local governments in Florida.

Your Team is comprised of professionals with a focus in the following key areas:

— Management/Performance Analysis — Organization and Staffing Assessments — Water Utility Operations and — Policy and Procedures Review Management — Governance and Compliance — Process and Control Evaluation Assessments — Financial and Capital Analysis — Industry Benchmarking

PROJECT OBJECTIVES

We understand that the City’s objective with this engagement is an objective assessment of key Water Utility Services operational and administrative functions. Specifically, we understand that the City has identified the following areas of concentration within water and wastewater functions:

— Financial planning and management o Necessity of 25% out-of-city limits surcharge; impact of removing and redistributing — Human capital management and internal reporting and accountability o Staffing – Review staffing levels and compare to AWWA standards o Training and development – Compare training provided to employees relative to licensing and other proficiency requirements o Workforce management and strategy and accountability o Strategic planning o Internal performance standards and controls o Communication and reporting — Information technology o General technology environment o Technical support systems o Administrative support systems — Customer service and billing o Call center o Website o Operations and field response o Billing o Payment and collection o Technology initiatives — Water treatment and distribution o Chemical use

Ms. Kate Duffy City of Deltona Page 3

o Comparative analysis to 3-5 cities of comparable size where data available and to AWWA standards Water quality and responsible wastewater treatment are essential for sustainable community growth and sound financial stewardship of those water and wastewater utilities is critical to maintaining public trust and empowering tangible outcomes. We are committed to helping the City meet these objectives, and our breadth and depth of experience assisting water utilities assess and improve operations is supported by our industry-specific methodologies.

PROJECT APPROACH

Our three-phased project approach presents various tasks we anticipate performing to successfully achieve the objectives of the City. The approach is based on our public sector experience and KPMG’s reputation for providing quality service. To this foundation, we will add effective project planning, critical information gathering and thoughtful analysis, and necessary validation and valuable reporting skills to hopefully exceed your expectations.

KPMG is committed to achieving stakeholder buy-in throughout the engagement. At the start of the engagement, KPMG will work collaboratively with the City in the planning phase of the project to help ensure both parties agree upon the specific project tasks, objectives, deliverables, and expectations. In addition, KPMG has internal project risk management and control policies and procedures that will be utilized in this engagement. The purpose of our internal controls and policies are to help minimize any potential obstacles that the project team may come across throughout the duration of the engagement.

Our approach presents various tasks we anticipate performing to successfully achieve the objectives of this engagement. The approach is based on our public sector experience and KPMG’s reputation for providing quality service. Our approach has been designed specifically for this opportunity and will be implemented utilizing the following three phased approach:

Phase I: Project planning and communication During Phase I we will meet with key project stakeholders to reaffirm project goals; approve the project schedule, workplan, and deliverables; and confirm that the appropriate resources are in place. The purpose of this phase is to introduce the KPMG project team and reaffirm the project’s goals and objectives, scope, and proposed workplan. Specific tasks for Phase I include:

— Project Initiation: Conduct a planning and scoping meeting with key stakeholders from the City to understand project objectives, stakeholder concerns and feedback, and identify key personnel within the project. During this meeting, the City and KPMG will review the proposed project schedule and make modifications where the City and KPMG see fit. KPMG will also host a kickoff meeting prepared for City personnel and other project stakeholders. We will also review the areas of concentration and confirm specific items for review within each area. This meeting will officially initiate the project and signify agreement of the project workplan.

Ms. Kate Duffy City of Deltona Page 4

— Key Documents and Interviews: Prepare the document request list and preliminary interview list, discuss with City and Water Utility Services Department management and identify sources of information.

Phase I – Outputs — Finalized agreed-upon detailed workplan including project milestones, tasks, and deliverables — Document request list — Preliminary interview list

Phase II: Information gathering and analysis

During Phase II, KPMG will focus on reviewing and analyzing current operations within each area of concentration by performing the following tasks:

Information Gathering — Review Documentation – Review existing organizational documentation (organization charts, business unit descriptions, previous audits, system maps, etc.) — Conduct interviews with key City and Department personnel to provide insight into, operations, and performance within the areas of concentration — Assess Organizational Structure and Workforce management – Assess the organizational structure within the Department and interrelationships and interdependencies within the organizational structure. — Review MOR’s, CUP’s and regulatory reports for past 1 year to identify potential trends and help assess current conditions. — Identify and Assess Key Workflows – Confirm key processes within the Department. Conduct a high-level workflow analysis of agreed-upon key processes to determine key risk areas and opportunities. — Review Operational and Customer Service KPIs to Assess Performance – Identify and review readily-available data on operational and customer service KPIs, including response time and level of service for core services and compare current service levels with leading practices — Conduct Benchmark Comparisons – Compare the City’s current service delivery methodology to 2-4 similar Florida utilities where data is available. Identify leading practices across Florida utilities and identify opportunities for improvement. Compare to AWWA standards where data is limited — Evaluate Effectiveness of Technology – Assess the compatibility and effectiveness of existing software systems being used, in regards to simplicity of use, effectiveness of function, data sharing between systems and the development of performance measures Review current operations and evaluate if alternative technologies or enhancements would add value.

Phase II – Outputs • Understanding of current state

Ms. Kate Duffy City of Deltona Page 5

• Initial observations and recommendations of key areas of strengths, weakness and opportunities within each area of concentration

Phase III: Reporting and feedback

KPMG will develop a draft deliverable containing the results of our research, interviews, and analyses. Our methodology for developing the deliverables stresses the thorough identification of issues to facilitate the discussion of management options.

A wide range of management, operational and process issues are typically identified in studies such as this. KPMG will provide the City with a draft report and obtain stakeholder feedback. As part of the final report production process, we will obtain and incorporate appropriate City responses and feedback to our findings and recommendations.

After the City and KPMG are satisfied with the final report, an exit meeting, or presentation, will be conducted with the City. The report will be designed to show findings and recommendations by each area of concentration

Phase III Outputs (Deliverables) • Draft Organizational and Operational Assessment Report • Final Organizational and Operational Assessment Report Review Report within two weeks of receiving the City’s approval and/or comments to the Draft Report

Project Communication

Our approach to this project involves constant communication and collaboration between KPMG and the City. KPMG will provide the City with bi-weekly status reports during the project that detail the following:

— Progress to-date, by task, for each bi-weekly reporting period — Pending or resolved issues — Deliverable schedule compliance Estimated Timing

KPMG is committed to starting work within 5 business days of receiving a signed engagement letter. The following chart includes our proposed timeline. Milestone Timeline Project Kickoff Within 5 business days of signed engagement letter Draft Report Delivered 8 weeks after execution of agreement Final Report Within 2 weeks of receiving City feedback and approval of Draft Report

Ms. Kate Duffy City of Deltona Page 6

PROJECT TEAM

Key project team members are shown in the table below.

Name Role Roger Albritton (KPMG) Engagement Managing Director Matt Berry (KPMG) Engagement Manager Glenn Forrest, P.E.(GSG) Subject Matter Advisor Jerry Connolly (GSG) Subject Matter Advisor Will Fontaine (GSG) Subject Matter Advisor Other Support Staff Used as needed from KPMG and GSG

Matt Berry will serve as the KPMG primary point of contact for this engagement and will maintain constant communication with the City throughout the engagement. Additional KPMG resources may be used as needed.

PRICING

The City will pay KPMG a firm fixed fee of $191,437 which includes all travel and expense necessary to complete this engagement. KPMG will invoice the City 50% after week 4, 25% after delivery of the draft report, and 25% after delivery of the final report.

OTHER MATTERS

— The terms for this contract will be the State Term Contract 973-000-14-2 Financial and Performance Audits. — KPMG LLP cannot provide any legal advice or counsel under engagements coming from this proposal. Without limiting the foregoing, KPMG will not be providing any interpretation of any laws or regulations that may be applicable to the City or that are otherwise related to the work hereunder. While KPMG personnel working on this project may, through experience or specialized training or both, be familiar with the general regulatory environment, they will work under the direction of the City and its legal counsel regarding the specific legal and regulatory requirements under which the City operates. We understand from the responses to questions regarding this matter that this is not expected by the City. — KPMG’s role is limited to providing the services articulated in this proposal. In so doing, KPMG will have no contacts with legislative officials or employees at any level of government that could be fairly interpreted as public policy advocacy, lobbying, or otherwise be perceived as impairing our independence. In no event will KPMG undertake meetings with government officials on behalf of the City or otherwise appear in a public or private context that could be fairly interpreted as public policy advocacy, lobbying, or otherwise be perceived as impairing our independence. In providing our services in general, KPMG professionals will take no view or cannot undertake any role

Ms. Kate Duffy City of Deltona Page 7

that could be fairly interpreted as public policy advocacy and the firm’s work is not intended to be used as such or in that context. — KPMG’s services under this proposal constitute an advisory engagement conducted under the American Institute of Certified Public Accountants (“AICPA”) Standards for Consulting Services. Such services are not intended to be an audit, examination, attestation, special report or agreed-upon procedures engagements as those services are defined in AICPA literature applicable to such engagements conducted by independent auditors. Accordingly, these services shall not result in the issuance of a written communication to third parties by KPMG directly reporting on financial data or internal control or expressing a conclusion or any other form of assurance. In providing these services, KPMG will undertake no role or view that could be considered public policy advocacy or lobbying. — The City will designate a Project Sponsor, a senior member of management who has the requisite skills and competencies for overseeing the services being provided. The Project Sponsor is responsible for establishing the objectives and scope and determining the nature, timing, and extent of our activities; for approving the engagement work plan; and for maintaining appropriate day-to-day oversight of the KPMG team. In addition, the Project Sponsor will have responsibility for reviewing and approving the deliverables prepared during the engagement that document the results. — Management Decisions. The Client acknowledges and agrees that the Contractor’s services may include advice and recommendations; but all decisions in connection with the implementation of such advice and recommendations shall be the responsibility of, and made by, Client. KPMG will not perform management functions or make management decisions for Client. — Third Party Usage. Client acknowledges and agrees that any advice, recommendations, information, Deliverables or other work product (“Advice”) provided by the Contractor in connection with the services under the Contract is intended for Client’s sole benefit and the Contractor does not authorize any party other than Client to benefit from or rely upon such Advice, or make any claims against the Contractor relating thereto. Any such benefit or reliance by another party shall be at such party’s sole risk. KPMG may, in its sole discretion mark such Advice to reflect the foregoing. Except for disclosures that are required by law or that are expressly permitted by this Contract, Client will not disclose, or permit access to such Advice to any third party without KPMG’s prior written consent. — Electronic Communications. Contractor and Client may communicate with one another by electronic mail or otherwise transmit documents in electronic form during the course of this engagement. Each party accepts the inherent risks of these forms of communication (including the security risks of interception of or unauthorized access to such communications, the risks of corruption of such communications and the risks of viruses or other harmful devices). Client agrees that the final hardcopy or electronic version of a document, including a Deliverable, or other written communication that the Contractor transmits to Client shall supersede any previous versions transmitted by the Contractor to Client. — Active Spreadsheets and Electronic Files. Contractor may use models, electronic files and spreadsheets with embedded macros created by Contractor to assist Contractor in providing the services under the Contract. If Client requests a working copy of any such model, electronic file or spreadsheet, the Contractor may, at its discretion, make such

Ms. Kate Duffy City of Deltona Page 8

item available to Client for its internal use only on an as-is basis and such item shall be considered a Deliverable; provided that Client is responsible for obtaining the right to use any third party products necessary to use or operate such item. Contractor retains ownership of and all rights in such models, electronic files, and/or spreadsheets with embedded macros; except for the Client data contained therein. — Use of Vendors. Client acknowledges and agrees that in connection with the performance of services under the Contract, Contractor and its Member Firms, in their discretion or at Client’s direction, may utilize the services of third parties within and outside of the United States to complete the services under the Contract. Client further acknowledges and agrees that Contractor-controlled parties, member Firms of KPMG International, and other third party service providers (collectively, “Vendors”) may have access to Confidential Information from offshore locations, and that the Contractor uses Vendors within and outside of the United States to provide at Contractor’s direction administrative or clerical services to Contractor. These Vendors may in the performance of such services have access to Client’s Confidential Information. Contractor represents to Client that with respect to each Vendor, Contractor has technical, legal and/or other safeguards, measures and controls in place to protect Confidential Information of Client from unauthorized disclosure or use. Contractor shall be responsible to Client for Contractor-controlled, member Firms or Vendor’s failure to comply. — Disputes. The parties agree that any dispute or claim arising out of or relating to the Contract or the services provided thereunder shall first be submitted to non-binding mediation as a prerequisite to litigation. Mediation may take place at a location to be designated by the parties using the Mediation Procedures of the International Institute for Conflict Prevention and Resolution, with the exception of paragraph 2 (Selecting the Mediator). If, after good faith efforts, the parties are unable to resolve their dispute through mediation within ninety (90) days after the issuance by one of the parties of a request for mediation, then the parties are free to pursue all other legal and equitable remedies available to them. Nothing herein shall preclude Contractor from filing a timely formal claim in accordance with applicable Florida law provided, however, that Contractor shall, if permitted, seek a stay of said claim during the pendency of any mediation. Either party may seek to enforce any written agreement reached by the parties during mediation in any court of competent jurisdiction. — Export Control. Contractor and Client acknowledge and agree that each shall comply with all applicable United States export control laws and regulations in the performance of each party’s respective activities under the Engagement Letter. Client shall not provide Contractor, or grant Contractor access to, (a) information (including technical data or technology), verbally, electronically, or in hardcopy, (b) software or (c) hardware, that is controlled for export by the United States government under the Arms Export Control Act of 1976, Export Administration Act of 1979, the International Traffic in Arms Regulations (“ITAR”), Export Administration Regulations (“EAR”), Department of Energy Part 810 Regulations or Nuclear Regulatory Commission Part 110 Regulations, except information, software or hardware that is classified as EAR99 under the EAR. — The City represents to KPMG that the City has the authority necessary to award this contract to KPMG without competition, and that award of this contract is made in accordance with all applicable law, regulations, rules, policies and requirements.

Ms. Kate Duffy City of Deltona Page 9

— Although KPMG personnel will perform key elements of the work, the City’s participation is essential to the success of this engagement. In this regard, we assume the following: o The City will designate a qualified management-level individual to serve as a day-to-day point of contact to facilitate the coordination of meetings and obtaining access to data and documentation. This individual will be responsible and accountable for overseeing the engagement on behalf of the City o The City will provide information and documentation regarding its organization, general operating environment, technical environment, and other relevant topics, as well as descriptions of relevant policies and procedures that address warehousing processes and controls o The City will make timely decisions that involves management functions related to the engagement and accepts full responsibilities for such decisions o The City will make available adequate workspace for the KPMG Team at various work sites. The workspace shall include access to a telephone, printer/copier and internet connectivity ********

We look forward to working with you and your staff and would be pleased to discuss this letter with you at any time. Please sign this letter below to indicate acceptance. If we can provide any additional information, please do not hesitate to contact me at 203-406-8308 or [email protected]. Thank you for the opportunity to serve the City of Deltona.

Very truly yours, Accepted:

Authorized Signature

Roger Albritton Managing Director Title KPMG LLP

Element Fees Fixed costs associated with project kickoff, management, and report $30,937 writing Financial Planning and Management $12,500 Human Capital Management and Internal Reporting and Accountability $40,000 Information Technology $40,000 Customer Service and Billing $45,500 Water/Wastewater Treatment and Distribution/Collection $22,500 TOTAL $191,437

2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: B.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 10 - B

SUBJECT: Request to approve an oversized monument sign to be located along Interstate 4 on the Halifax Hospital site, Consistent with Sec. 102-11 Alternative Sign Approval Process - Ron A. Paradise, Director of Planning and Development Services, (386) 878-8610.

Strategic Goal: Economic Development - work with existing businesses.

LOCATION: Halifax Hosptial at Interstate 4

BACKGROUND: Halifax Hospital has made application for an oversized monument sign consisting of 645 square feet of copy area facing Interstate - 4. This sign does not conform to the existing sign code regulation which limits the copy area for monument signs to 80 square feet. However, Section 102-11 of the City of Deltona Land Development Code allows for an alternative approval process to facilitate the potential approval of signs that do not comply with the standard requirements of the sign code.

Section 102-11 requires a DRC recommendation and City Commission approval for signs that would not be otherwise permitted by the sign code.

On October 3, 2019 the DRC recommend the City Commission approve the sign with the following conditions:

1) The sign must be limited to 645 Square feet.

2) The sign shall be constructed as per the elevations prepared by Don Bell Signs as included as part in the October 3, 2019 DRC agenda package. (Those renderings are attached for Commission review.)

3) The illumination and effulgence does not result in the illumination of the offsite areas of more than one foot candle nor does the light create safety challenges for the travelling public.

4) All requisite permits be obtained by the applicant to facilitate construction of the sign.

Attached is an elevation of the requested 645 square foot sign proposed for the Interstate - 4 frontage.

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: B.

COST: N/A

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT: Planning and Development Services

STAFF RECOMMENDATION PRESENTED BY: Ron A. Paradise, Director of Planning and Development Services - Staff recommends the City Commission approve, Consistent with Section 102-11, the Halifax Hospital Monument sign at I-4 with the following conditions recommend by the DRC: 1) The sign must be limited to 645 Square feet.

2) The sign shall be constructed as per the elevations prepared by Don Bell Signs as included as part in the October 3, 2019 DRC agenda package.

3) The illumination and effulgence does not result in the illumination of the offsite areas of more than one foot candle nor does the light create safety challenges for the travelling public.

4) All requisite permits be obtained by the applicant to facilitate construction of the sign.

POTENTIAL MOTION: “I hereby move to approve, Consistent with Section 102-11, the Halifax Hospital Monument sign at I-4 with the following conditions recommend by the DRC: 1) The sign must be limited to 645 Square feet.

2) The sign shall be constructed as per the elevations prepared by Don Bell Signs as included as part in the October 3, 2019 DRC agenda package.

3) The illumination and effulgence does not result in the illumination of the offsite areas of more than one foot candle nor does the light create safety challenges for the travelling public.

4) All requisite permits be obtained by the applicant to facilitate construction of the sign. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™

2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: C.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 10 - C

SUBJECT: Request to sunset the Parks and Recreation Advisory Board and its Sub-Committees - Ryan Reckley, Director, Parks and Recreation, (386) 878-8902.

Strategic Goal: Internal and External Communication

LOCATION: City Hall

BACKGROUND: The City Commission confirmed the appointment of a seven-member Parks and Recreation Advisory Committee on December 11, 2017. The Parks and Recreation Advisory Board met on an infrequent basis until May 2018. While the term of their appointment provided that they serve until December 31, 2019, the Parks and Recreation Director, in conjunction with the Parks and Recreation Advisory Board, has determined their services are complete and the Committee is no longer necessary.

COST: N/A

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: C.

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT: Parks & Recreation Department

STAFF RECOMMENDATION PRESENTED BY: Parks and Recreation Department Director Ryan Reckley - To approve the sunsetting of the Parks and Recreation Advisory Board and its sub committees - The Youth Advisory Sub Committee, The Senior Advisory Sub Committee and the Citizen Accessibility Advisory Sub Committee.

POTENTIAL MOTION: “I move to approve to sunset the Parks and Recreation Advisory Board and its sub committees - The Youth Advisory Sub Committee, The Senior Advisory Sub Committee and the Citizen Accessibility Advisory Sub Committee. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™ 2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: D.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 10 - D

SUBJECT: Request approval of Resolution No. 2019-49, approval and execution of a Local Agency Program (LAP) Agreement for sidewalk improvements associated with Deltona Lakes Elementary and Spirit Elementary. - Ron A. Paradise, Director of Planning and Development Services, (386) 878-8610.

Strategic Goal: Fiscal Issues - Transportation/CIP

LOCATION: Within the one mile walk zones of Deltona Lakes Elementary and Spirit Elementary.

BACKGROUND: In 2016 the City received a River to Sea Transportation Planning Organization (TPO) grant to improve pedestrian facilities near Deltona Lakes Elementary and Spirit Elementary. 90% of the project will be funded by FDOT/TPO and the City grant match is 10%. As part of the City match, plans for the project were prepared by the City and ultimately approved by FDOT.

COST: $198,711.00 - Total City contribution.

SOURCE OF FUNDS: City Transportation Improvement Fund and the Florida Department of Transportation/River to Sea Transportation Planning Organization

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: D.

ORIGINATING DEPARTMENT: Planning and Development Services

STAFF RECOMMENDATION PRESENTED BY: Ron A. Paradise, Director of Planning and Development Services - Staff recommends the City Commission approve Resolution No. 2019-49 for the sidewalk improvements associated with the walk zones of Deltona Lakes Elementary and Spirit Elementary and direct the City Manager to execute the LAP agreement with the Florida Department of Transportation.

POTENTIAL MOTION: “I hereby move to approve Resolution No. 2019-49 for the sidewalk improvements associated with the walk zones of Deltona Lakes Elementary and Spirit Elementary and direct the City Manager to execute the LAP agreement with the Florida Department of Transportation. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™ 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 1 of 15

FPN: 440848-1-58-01 FPN: 440848-1-68-01 FPN: Federal No (FAIN): D519 017 B Federal No (FAIN): N/A Federal No (FAIN): Federal Award Date: Federal Award Date: N/A Federal Award Date: Fund: ACSU Fund: LF Fund: Org Code: 55054010508 Org Code: N/A Org Code: FLAIR Approp: 088717 FLAIR Approp: N/A FLAIR Approp: FLAIR Obj: 780000 FLAIR Obj: N/A FLAIR Obj:

County No:79 Contract No: Recipient Vendor No: F593-348-668-006 Recipient DUNS No: 93-266-1747

Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction

THIS LOCAL AGENCY PROGRAM AGREEMENT (“Agreement”), is entered into on , by and between the State of Florida Department of Transportation, an agency (This date to be entered by DOT only) of the State of Florida (“Department”), and the City of Deltona (“Recipient”).

NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following:

1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D” and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf.

2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in Construction and CEI Services for Deltona Lakes/Spirit Elementary Sidewalks, as further described in Exhibit "A", Project Description and Responsibilities attached to and incorporated in this Agreement (“Project”), to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed.

3. Term of Agreement: The Recipient agrees to complete the Project on or before November 30, 2020. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the term of this Agreement will not be reimbursed by the Department.

4. Project Cost:

a. The estimated cost of the Project is $ 906,001.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit “B” may be modified by mutual execution of an amendment as provided for in paragraph 5.i.

b. The Department agrees to participate in the Project cost up to the maximum amount of $816,381.00 and as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. The Department’s participation may be increased or reduced upon determination of the actual bid amounts of the Project by the mutual execution of an amendment. The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in connection with the completion of the Project.

c. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 2 of 15

i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed;

ii. Availability of funds as stated in paragraphs 5.l. and 5.m. of this Agreement;

iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and

iv. Department approval of the Project scope and budget at the time appropriation authority becomes available.

5. Requisitions and Payments

a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”.

b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”. Deliverables must be received and accepted in writing by the Department’s Project Manager prior to payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.

c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges.

d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.

e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers.

f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.

If this box is selected, advance payment is authorized for this Agreement and Exhibit “H”, Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement.

If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 3 of 15

Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved.

If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program (“LAP”) Supplemental Agreement between the Department and the Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon determination of the Recipient’s contract award amount. j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. l. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit “B” for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. m. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 4 of 15

"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year."

6. Department Payment Obligations:

Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if:

a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement;

b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;

c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved;

d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or

e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement.

The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration (“FHWA”), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.

In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the Department’s issuance of a Notice to Proceed (“NTP”), costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit “B” for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department.

7. General Requirements:

The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement.

a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions:

i. Administers inherently governmental project activities, including those dealing with cost, time, 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 5 of 15

adherence to contract requirements, construction quality and scope of Federal-aid projects;

ii. Maintains familiarity of day to day Project operations, including Project safety issues;

iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements;

iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project;

v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse;

vi. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation;

vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and consultant staff at all stages of the Project. b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the FHWA removing any unbilled funding or the loss of state appropriation authority (which may include the loss of state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Recipient waives the right to contest such removal of funds by the Department, if the removal is related to FHWA’s withdrawal of funds or if the removal is related to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred under this Agreement until after the Recipient has received a written NTP from the Department. The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, the Department District LAP Administrator should be notified as soon as possible. c. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will have to request repayment for the previously billed amounts from the Recipient. No state funds can be used on off-system projects, unless authorized pursuant to Exhibit “I”, State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Recipient to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Recipient to provide the necessary funds for completion of the Project. f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such submissions using Department-designated information systems. g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 6 of 15

claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90 days of written notice.

h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year.

8. Audit Reports:

The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below.

a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (“CFO”), or State of Florida Auditor General.

b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements:

i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Recipient must have a federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “E” to this Agreement provides the required federal award identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part.

ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 7 of 15

iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the Department at [email protected] no later than nine months after the end of the Recipient’s audit period for each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Recipient’s resources obtained from other than federal entities).

iv. The Recipient must electronically submit to the Federal Audit Clearinghouse (“FAC”) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to [email protected] within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements.

v. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following:

1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available.

vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Recipient’s records including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.

vii. The Department’s contact information for requirements under this part is as follows:

Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 [email protected]

c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO, or State of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department.

9. Termination or Suspension of Project: 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 8 of 15

The Department may, by written notice to the Recipient, suspend any or all of the Department’s obligations under this Agreement for the Recipient’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected.

a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.

b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions.

c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of- way will become the property of the Department and will be turned over promptly by the Recipient.

d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement.

e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to comply with the Public Records provisions of Chapter 119, Florida Statutes.

10. Contracts of the Recipient:

a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor.

b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient’s complying in full with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act and the federal Brooks Act.

c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit “G”, FHWA 1273 attached to and incorporated in this Agreement. The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project.

d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling public is the Department’s first priority for the Recipient.

11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 9 of 15

It is the policy of the Department that DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.

The Recipient and its contractors agree to ensure that DBE’s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and perform contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.

12. Compliance with Conditions and Laws:

The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable.

13. Performance Evaluations:

Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient’s person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than 30 days after final acceptance.

a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Recipient failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, and the Department did not have to exceed the minimum oversight and monitoring requirements identified for the project.

b. The District will determine which functions can be further delegated to Recipients that continuously earn Satisfactory and Above Satisfactory evaluations.

14. Restrictions, Prohibitions, Controls, and Labor Provisions:

During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions:

a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Recipient pursuant thereto. The Recipient shall include the attached Exhibit “C”, Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.

b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal Government issued thereunder, and assurance by the Recipient pursuant thereto.

c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 10 of 15

Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity.

e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient.

f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Recipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Recipient or the locality relating to such contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision:

"No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."

The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.

g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.

15. Indemnification and Insurance:

a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement.

b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 11 of 15

c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as “Entity” for the purposes of the below indemnification) who perform work in connection with this Agreement:

“To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department’s officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes.

The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement.”

d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor or consultant to carry and keep in force Workers’ Compensation Insurance as required by the State of Florida under the Workers’ Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law.

16. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement:

a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient shall shall not maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit “D”. This provision will survive termination of this Agreement.

17. Miscellaneous Provisions:

a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits. The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 12 of 15

Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. c. In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Recipient a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Recipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. i. The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Recipient’s facility, adequate title is in the Recipient’s name, and the Project is accepted by the Recipient as suitable for the intended purpose. j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Recipient, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Recipient to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Recipient shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 13 of 15

k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project.

l. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement.

m. The Recipient shall: i. utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the term of the contract; and

ii. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party.

o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes.

p. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 18. Exhibits:

a. Exhibits “A”, “B”, “C”, “D”, “E” and “F” are attached to and incorporated into this Agreement.

b. If this Project includes Phase 58 (construction) activities, then Exhibit “G”, FHWA FORM 1273, is attached and incorporated into this Agreement.

c. Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit “H”, Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement.

d. State funds are used on this Project. If state funds are used on this Project, then Exhibit “I”, State Funds Addendum, is attached and incorporated into this Agreement. Exhibit “J”, State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement.

e. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit “K”, Advance Project Reimbursement is attached and incorporated into this Agreement.

f. This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit “L”, Landscape Maintenance, is attached and incorporated into this Agreement.

g. This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit “M”, Roadway Lighting Maintenance is attached and incorporated into this Agreement.

h. This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit “N”, Traffic Signal Maintenance is attached and incorporated into this Agreement. 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 14 of 15 i. A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit “O”, Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement. j. The following Exhibit(s) are attached and incorporated into this Agreement: k. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Title VI Assurances Exhibit D: Recipient Resolution Exhibit E: Federal Financial Assistance (Single Audit Act) Exhibit F: Contract Payment Requirements * Exhibit G: FHWA Form 1273 * Exhibit H: Alternative Advance Payment Financial Provisions * Exhibit I: State Funds Addendum * Exhibit J: State Financial Assistance (Florida Single Audit Act) * Exhibit K: Advance Project Reimbursement * Exhibit L: Landscape Maintenance * Exhibit M: Roadway Lighting Maintenance * Exhibit N: Traffic Signal Maintenance * Exhibit O: Terms and Conditions of Construction in Department Right-of-Way

* Additional Exhibit(s):

* Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 525-010-40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC– 09/19 Page 15 of 15

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.

RECIPIENT CITY OF DELTONA STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

By: By: Name: Name: Loreen C. Bobo, P.E. Title: Title: Director of Transportation Development

Legal Review:

______STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC - 12/18 Page 1 of 2

EXHIBIT “A”

PROJECT DESCRIPTION AND RESPONSIBILITIES

FPN: 440848-1-58/68-01

This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and the City of Deltona (the Recipient)

PROJECT LOCATION:

The project is on the National Highway System.

The project is on the State Highway System.

PROJECT LENGTH AND MILE POST LIMITS: See below Project Description for locations.

PROJECT DESCRIPTION:

Deltona Lakes/Spirit Elementary Sidewalk project is with the Recipient and is located among several different roadways located near two elementary schools, Deltona Lakes Elementary and Spirit Elementary. Total project length is approximately 1.993 miles (10,524 feet).

For the Deltona Lakes Elementary School area, approximately 4,437 feet of sidewalk is proposed along various streets. On the west side of Amherst Avenue from Alton Road to Elkcam Boulevard, about 1,465 feet. On the south side of Carson Lane from Concert Road to Amherst Avenue, about 552 feet. On the north side of Henry Lane from Concert Road to Amherst Avenue, about 669 feet. On the east side of Alster Lane from Fountain Road to Candlewick Street, about 585 feet. On the north side of Fountain Road from Montecito Avenue to Quintilis Court, about 1,166 feet.

For the Spirit Elementary School area, approximately 6,087 feet of sidewalk is proposed along various streets. On the south side of Dunlap Drive from April Avenue to Providence Boulevard, about 2,261 feet. On the south side of Lavilla Street from April Avenue to Deerfield Avenue, about 1,306 feet. On the south side of Enfield Street from April Avenue to Darlington Avenue, about 702 feet. On the north side of Seahorse Street from April Avenue to Ferendina Drive, about 977 feet. On the south side of Laramore Street from April Avenue to Ferendina Drive, about 841 feet.

Project scope includes installation of 5-foot wide sidewalk (4-inches thick, 2,500 psi concrete strength) at the locations listed above, reconstruction of several residential driveways, concrete removal, and handrail installation. Drainage improvements include swales, installation of pipe culverts, a manhole, ditch bottom inlets, and concrete endwalls. Residential mailboxes will be installed. Roadway signage relocation and installation will occur along with thermoplastic striping. In addition, detectable warning surfaces, mobilization, maintenance of traffic (MOT), erosion control, clearing and grubbing, excavation, embankment, and sodding are also included as part of this project.

Utility adjustments/relocations are required for this project and have been coordinated with the Owners. Permit exemptions have been received. The local government is currently obtaining right of entries (ROE’s) from residential property owners for the reconstruction of several driveways. If a ROE is not secured, the City will construct the driveway/sidewalk to the right-of-way line, ensuring ADA is met. The City of Deltona shall construct the project within the limits of the existing right of way. Also, all pedestrian facilities shall adhere to current ADA standards.

SPECIAL CONSIDERATIONS BY RECIPIENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC - 12/18 Page 2 of 2

EXHIBIT “A”

PROJECT DESCRIPTION AND RESPONSIBILITIES

Based on the Recipient’s Moderate financial risk level, this project requires submission and review of the “Project Monitoring Status Report,” invoices and supporting documentation on a quarterly basis. Required documents should be submitted via email to [email protected].

The Recipient shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule:

a) Construction contract to be let (Bid Opening) by 1/14/2020. b) Construction Duration of 160 Days. c) Construction to be completed (Final Acceptance) by 7/13/2020.

If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding.

SPECIAL CONSIDERATIONS BY DEPARTMENT:

Invoice payments will be made on a pro-rata basis as a percentage of the federal funding amount compared to the actual award amount. Any contract changes/claims which result in federal aid ineligible cost and/or time will be the sole responsibility of the Agency. Such changes may include, but are not limited to, premium costs due to Design or CEI errors or omissions, repairing items that had not been properly maintained, additional contract time and/or costs occurring from utility delays, differing site conditions or other unforeseen conditions.

The project funding may be reduced to an amount equal to the award amount and/or the actual contract costs.

In the event the Project costs exceed the cost included in Exhibit "B", Schedule of Financial Assistance, the RECIPIENT will be solely responsible to provide the additional funds that are necessary to complete the Project.

The River to Sea TPO requires a 10% local match for the project. The total project cost for the phases of Design, Construction and CEI Services equals $1,015,092.00, yielding a required 10% match of $101,510.00. The sum of the City's contribution for design costs of $109,091.00, and the City's estimated cost for CEI services of $89,620.00 equals $198,711.00, which exceeds the match required. No pro-ration of invoices related to the local match will be required.

The remainder of this page intentionally left blank. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40B PROGRAM MANGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC - 10/18 Page 1 of 1 EXHIBIT “B” SCHEDULE OF FINANCIAL ASSISTANCE

RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: 440848-1-58/68-01 The City of Deltona 2345 Providence Boulevard Deltona, Florida 32725-1806

MAXIMUM PARTICIPATION

(1) TOTAL (2) (3) (4) PHASE OF WORK By Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE FUNDS FEDERAL FUNDS

Design- Phase 38 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00

Right-of-Way- Phase 48 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00

Construction- Phase 58 FY: 2019-2020 (LAP) $ 816,381.00 $ 0.00 $ 0.00 $ 816,381.00 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Construction Cost $ 816,381.00 $ 0.00 $ 0.00 $ 816,381.00

Construction Engineering and Inspection (CEI)- Phase 68 FY: 2019-2020 (LAP) $ 89,620.00 $ 89,620.00 $ 0.00 $ 0.00 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total CEI Cost $ 89,620.00 $ 89,620.00 $ 0.00 $ 0.00

(Insert Phase) FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00

TOTAL COST OF THE PROJECT $ 906,001.00 $ 89,620.00 $ 0.00 $ 816,381.00

COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached.

Amir Asgarinik District Grant Manager Name

Signature Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC– 10/18 Page 1 of 2

Exhibit “C” TITLE VI ASSURANCES

During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows:

(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract.

(2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS.

(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub-contract, including procurements of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin, or sex.

(4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC– 10/18 Page 2 of 2

Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:

a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part.

(6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in every sub-contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40D PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC – 10/18 Page 1 of 1 EXHIBIT “D”

RECIPIENT RESOLUTION

The Recipient’s Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT 10/18 Page 1 of 1

EXHIBIT “E”

FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)

FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal-Aid Highway Program, Federal Lands Highway Program CFDA Program Site: https://www.cfda.gov/ Award Amount: $816,381.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: N/A

FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING:

2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards http://www.ecfr.gov/

FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING:

Title 23 – Highways, United States Code http://uscode.house.gov/browse/prelim@title23&edition=prelim

Title 49 – Transportation, United States Code http://uscode.house.gov/browse/prelim@title49&edition=prelim

Map-21 – Moving Ahead for Progress in the 21st Century, Public Law 112-141 http://www.gpo.gov/fdsys/pkg/PLAW-112publ141/pdf/PLAW-112publ141.pdf

Federal Highway Administration – Florida Division http://www.fhwa.dot.gov/fldiv/

Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS) https://www.fsrs.gov/ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40F PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT 10/18 Page 1 of 1

EXHIBIT “F”

CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts

Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided.

Listed below are types and examples of supporting documentation for cost reimbursement agreements:

(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.

(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.

Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.

(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means.

(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State.

(5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.

(6) Indirect costs:If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown.

Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.

The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.myfloridacfo.com/aadir/reference_guide/. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40G PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC– 10/18 Page 1 of 1

EXHIBIT “G”

FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:

LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – COMPLIANCE WITH FHWA 1273.

The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA- 1273 may also be referenced on the Department’s website at the following URL address: http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf

Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA- 1273. RESOLUTION NO. 2019-49

A RESOLUTION OF THE CITY OF DELTONA, FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION A LOCAL AGENCY PROGRAM AGREEMENT FOR TRANSPORTATION IMPROVEMENTS WITHIN THE ONE MILE WALK ZONES OF DELTONA LAKES ELEMENTARY AND SPIRIT ELEMENTARY, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.

WHEREAS, the City Commission of the City of Deltona has identified that a need exists to improve the pedestrian facilities within the half mile, one mile, and two mile walk zones for schools; and,

WHEREAS, in 2016 the City of Deltona applied for Federal funding through the River to Sea Transportation Planning Organization (TPO) to make improvements to the pedestrian facilities near Deltona Lakes Elementary including sections of Carson Ln., Henry Ln.,

Fountain Rd., Alster Ln., and Amherst Avenue and Spirit Elementary schools including sections of Laramore St., Seahorse St., Enfield St., Lavilla St., and Dunlap Drive; and,

WHEREAS, the State of Florida Department of Transportation (FDOT), the TPO, and the City of Deltona desire to improve the aforementioned pedestrian facilities; and

WHEREAS, the FDOT has requested the City of Deltona to execute and deliver to

FDOT the amended Local Agency Program Agreement for the project referenced as

FPN:440848-1-58-01 and FPN:440848-1-68-01.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION

OF THE CITY OF DELTONA, FLORIDA: City of Deltona, Florida Resolution No. 2019-49 Page 2 of 2 Section 1: Authorizes the City Manager to execute and deliver to the State of

Florida Department of Transportation the amended Local Agency Program Agreement for the project referenced as FPN:440848-1-58-01 and FPN:440848-1-68-01.

Section 2: Effective Date. This resolutions shall take effect immediately upon its final adoption by the City Commission.

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF

DELTONA, FLORIDA THIS ______DAY OF ______, 2019.

BY: ______Heidi K. Herzberg, MAYOR

ATTEST:

______Joyce Raftery, CMC, MMC, CITY CLERK

Approved as to form and legality for use and reliance of the City of Deltona, Florida

______CITY ATTORNEY 2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: E.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 10 - E

SUBJECT: Request for approval of the Technical Rescue Interlocal Agreement between Deltona, Orange City and Deland - Bill Snyder, Fire Chief, Deltona Fire Department. (386) 575-6902.

Strategic Goal: Public Safety: To provide quality high-level public safety services to the community through consistent regulations within a coordinated management plan process.

LOCATION: N/A

BACKGROUND: The Fire Department has a Special Operations Team. This team is made up of firefighters with specialized training above and beyond their normal firefighting and EMS training. The team responds to high hazard technical incidents such as people trapped in high places, structural and trench collapses, confined spaces, vehicle and machinery accidents, and hazardous material incidents. The team responds locally here in the city and around the county through mutual aid agreements. The city received grant funding in the beginning for training and equipment for this team and it is recognized as a state asset that can be deployed around the state during large events or disasters. Orange City and DeLand also have equipment and personnel trained for special operations incidents. The three cities (Deltona, Orange City and DeLand) have been working and training together the last few years and have a great working relationship. The three fire departments are proposing to enter into an interlocal agreement in order to formalize our working relationship. This agreement would insure that the departments train together using the same policies and purchase equipment that is interoperable with each other. Currently, when deployed as a state team, Deltona is required to send six personnel. This agreement would allow for a joint deployment and each city would share the responsibility of sending personnel. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.

COST: N/A

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: E.

SOURCE OF FUNDS: N/A

ORIGINATING DEPARTMENT: Deltona Fire Department

STAFF RECOMMENDATION PRESENTED BY: Fire Chief Bill Snyder

POTENTIAL MOTION: “I move to approve the Technical Rescue Interlocal Agreement between Deltona, Orange City and Deland. Approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™ SPECIAL OPERATIONS AGREEMENT

DELTONA FIRE DEPARTMENT, ORANGE CITY FIRE RESCUE, AND DELAND FIRE DEPARTMENT TECHNICAL RESCUE TEAM AGREEMENT

Deltona Fire Department 1685 Providence Blvd Deltona, Fl. 32725

Page 1 of 22

SPECIAL OPERATIONS AGREEMENT

Contents

DELTONA TECHNICAL RESCUE TEAM AGREEMENT ...... 4

RECITALS ...... 4

Article I: THE AGREEMENT ...... 5

SECTION 101. Recital and Purposes...... 5

SECTION 102. Cooperation...... 5

SECTION 103. Scope of Services...... 5

ARTICLE II: DEFINITIONS ...... 6

SECTION 201. Word and Terms...... 6

SECTION 202. General Terms...... 8

Article III: DUTIES AND RESPONSIBILITIES OF AGENCIES ...... 8

SECTION 301: Training and Continuing Education ...... 8

SECTION 302: Personnel ...... 9

SECTION 303: State of Emergency Assistance / Mutual Aid Responses ...... 11

SECTION 304: Automatic Aid/Response ...... 11

SECTION 305: Technical Rescue Supplies and Inventory Control...... 11

SECTION 306: Certification ...... 11

SECTION 307: Accurate Information ...... 12

Article IV: DUTIES AND RESPONSIBILITIES OF THE AGENCIES ...... 12

SECTION 401: Vehicles and Equipment ...... 12

SECTION 402: Continuing Technical Rescue Education ...... 13

SECTION 403: Hazardous Waste Collection ...... 13

SECTION 404: Special Operations Coordinator...... 13

Page 2 of 22

SPECIAL OPERATIONS AGREEMENT

ARTICLE V: INSURANCE AND LIABILITY ...... 14

SECTION 501: Minimum Insurance Requirements ...... 14

SECTION 502: Liability ...... 14

ARTICLE VI: COMPENSATION AND OTHER FINANCIAL PROVISIONS ...... 14

SECTION 601: Compensation ...... 14

ARTICLE VII: TERM AND TERMINATION ...... 15

SECTION 701: Term ...... 15

SECTION 702: Termination ...... 15

SECTION 703: Disposition of Assets ...... 16

SECTION 704: Resolution of Disputes...... 16

ARTICLE VIII: MISCELLANEOUS ...... 17

SECTION 801: Non-Discrimination in Employment ...... 17

SECTION 802: Notices ...... 17

SECTION 803: Entire and Complete Agreement ...... 18

SECTION 804: Other Documents ...... 18

SECTION 805: Applicable Law ...... 18

SECTION 806: Waiver ...... 18

SECTION 807: Severability ...... 18

SECTION 808: Agencies Are Independent Contractors ...... 19

SECTION 809: No Third-Party Beneficiaries, Agreements ...... 19

Page 3 of 22

SPECIAL OPERATIONS AGREEMENT

DELTONA TECHNICAL RESCUE TEAM AGREEMENT THIS INTERLOCAL AGREEMENT (hereinafter referred to as the “Agreement”) is entered into by and between the Cities of Deltona, Orange City and DeLand (hereinafter referred to collectively as the “Agencies” or the “Parties” and individually as “Deltona FD”, “Orange City FD” and/or “DeLand FD”).

RECITALS

WHEREAS, in order to provide specialized rescue services to include, but not be limited to, confined space, high angle/advanced rope, trench and excavation, water, wilderness, structural collapse, complex vehicles and machinery extrication, and hazardous materials mitigation to the residents of Deltona, Orange City and DeLand, as well as any area the TRT (defined below) is deployed to by the State of Florida, it is essential to continue to develop the capability, expertise and resources to handle situations where such rescues could occur; and

WHEREAS, the cities of Deltona, Orange City, and DeLand desire to work in conjunction to respond to situations where there is a unique and/or complex rescue situation within their jurisdictional areas and have, for a number of years, worked together in the operation of the Deltona Technical Rescue Team ("TRT'").

NOW THEREFORE, in consideration of the mutual covenants expressed herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:

Page 4 of 22

SPECIAL OPERATIONS AGREEMENT

Article I: THE AGREEMENT

SECTION 101. Recital and Purposes. The foregoing recitals are hereby incorporated and made part of this Agreement. This Agreement is made and entered into pursuant to §163.01, Fla. Stat., the Florida Interlocal Cooperation Act of 1969, for the purposes set forth herein. The purpose of this Agreement is to define the obligations and responsibilities of the Parties hereto with respect to the provision of Technical Rescue Services (defined below) in the city limits of the Agencies, unincorporated county area as requested by mutual or auto aid agreements, and when deployed as a state response team by the State Emergency Response Plan (SERP) (defined below).

SECTION 102. Cooperation. The Parties shall cooperate and use all reasonable efforts, pursuant to the terms of this Agreement, to facilitate the terms of this Agreement. Accordingly, the Parties further agree in good faith to mutually undertake resolution of disputes, if any, in an equitable and timely manner so as to limit the need for costly, time-consuming, adversarial proceedings to resolve such disputes.

SECTION 103. Scope of Services. In cooperation of developing a regional response Technical Rescue Team the services to be performed by each agency under this agreement include the following: a) DELTONA FD agrees to make available, at a minimum, three personnel who are trained as Technical Rescue Technicians, as identified in Section 301, and are on duty to respond to any Technical Rescue Incident (defined below). DELTONA FD will be the lead agency for the special operations team and FL-LTRT 532. DELTONA FD will house the special operations units, squad and TRT trailer. b) ORANGE CITY FD agrees to make available, at a minimum, one personnel who is trained as a technical rescue team member, as identified in Section 301, and is on duty to respond to any Technical Rescue Incident.

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c) DELAND FD agrees to make available, at a minimum, two personnel who are trained as a technical rescue team members, as identified in Section 301, and are on duty to respond to any Technical Rescue Incident. d) Rescue of patients during an incident for the best possible outcome in order to protect the health, safety and improving the quality of life of the community by providing Technical Rescue Services as per the agreed upon policies of the team. Such services shall be provided in accordance with the terms and conditions of this Agreement.

ARTICLE II: DEFINITIONS

SECTION 201. Word and Terms. Unless the context otherwise requires, capitalized terms used herein shall have the following meanings ascribed to them: "CAD" means the computer aided dispatch system. “Continuing Education" means (1) the minimum required continuing technical rescue education required for Technical Rescue members to maintain certified status within the State of Florida; and (2) education for individuals who have a specific deficiency that must be corrected to maintain or restore their status within the EMS System (defined below). “DELAND FD” stands for DeLand Fire Department. "Deltona Special Operations Team, FLTFT 532" or "TRT" means those Field Personnel of the cities of Deltona, Orange City, and DeLand that have the capability and expertise to respond throughout Volusia County to any situation where there is a Technical Rescue Incident or the risk of a Technical Rescue Incident, and have historically cooperatively worked together in such operations. “DELTONA FD” stands for Deltona Fire Department. "Disaster" means an occurrence of a severity and magnitude that normally results in death, injuries and/or property damage and that cannot be managed through routine procedures and resources of the EMS System. "EMS System'' means the network of organizations and individuals, including, but not limited to the authority, ambulance Agencies, the Agencies, the EMS Advisory Council, the Medical Control

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Board and the Medical Director, established to provide emergency medical services in Volusia County. “ESF” – ESF stands for emergency support function. The ESFs provide the structure for coordinating Federal interagency support for a federal response to an incident. They are mechanisms for grouping functions most frequently used to provide federal support to states and federal-to-federal support, both for declared disasters and emergencies under the Stafford Act and for non-Stafford Act incidents. “ESF 9” – Emergency Support Function (ESF) #9 Search and Rescue (SAR) deploys Federal SAR resources to provide lifesaving assistance to local, state, tribal, territorial, and insular Area authorities, including local SAR Coordinators and Mission Coordinators, when there is an actual or anticipated request for Federal SAR assistance. “Field Personnel” means Technical Rescue Technicians, paramedics and emergency medical technicians employed by Agencies(s). “FL-LTRT 532” – Florida Task Force Light Technical Rescue Team 532. “ORANGE CITY FD” stands for Orange City Fire Department. “Party” or “Parties” means either the City or the Agencies, or all, as the context of the usage of such term may require. “Patient" means an individual who is ill, sick, injured, wounded or otherwise incapacitated and is in need of or is at risk of needing medical care. "Regional 9-1-1 Center" means the communications center and related telephone, radio and data systems operated and maintained by Volusia County as the countywide public safety answering point for the purpose of receiving 9-1-1 calls from citizens; providing emergency medical dispatch following the priority dispatch protocols; providing for the dispatch of all basic life support (BLS) and advanced life support (ALS) first responder units to EMS System incidents; and providing for the ongoing communications via radio and wireless data systems. “Run Cards" means the Regional 9-1-1 Center's computer aided dispatch software database that, based upon the location of the Technical Rescue Incident and a predetermined listing of Technical Rescue Services units which the Agencies(s) have determined to be the closest by travel time or most appropriate in ranked order as per section 404. “SERP” means State Emergency Response Plan.

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“Special Operations Coordinator” means the assigned member from ORANGE CITY FD and DELAND FD as the coordinator for the TRT. The coordinator will act as a liaison between the agency and the TRT team leader. “State" means the State of Florida. "State of Emergency'' means a Disaster which has been declared by proclamation of the State, County or a municipality in the County, to be of such severity as to warrant institution of special legal conditions authorized by Chapter 252, Florida Statutes. Technical Rescue Incident” means an incident which requires the provision of Technical Rescue Services. "Technical Rescue Services" means the services needed for rescue(s) involving, confined space, high angle/advanced rope, trench and excavation, swift water rescue, wilderness, structural collapse and complex vehicle and machinery extrication. ''Technical Rescue Standard Operating Procedures or (SOP)" means the then current established procedures to be followed in carrying out a given operation or in a given situation. Such procedures shall be developed by the Parties and may be amended only upon mutual agreement of the Parties. The current version is attached hereto as Appendix A. "Technical Rescue Technician" Any member of the TRT having successfully completed the required hours set forth by the State of Florida in rope rescue, trench rescue, confined space rescue, structural collapse and vehicle and machinery rescue.

SECTION 202. General Terms. Whenever the context may require, any pronoun shall include corresponding masculine, feminine and neuter forms. The words "include”, "includes" and ”including" shall be deemed to be followed by the phrase "without limitation'', except as the context may otherwise require. The words “agree", “agreement", "approval" and "consent" shall be deemed to be followed by the phrase "which shall not be unreasonably withheld or unduly delayed", except as the context may otherwise require.

Article III: DUTIES AND RESPONSIBILITIES OF AGENCIES

SECTION 301: Training and Continuing Education

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Each of the Agencies shall make its personnel assigned to the TRT available, and be responsible for ensuring that its personnel attend, at a minimum, 32 hours of Continuing Education training including all required classes to reach a Technical Rescue Technician level as soon as practicable and as required by National Fire Protection Agency (NFPA) 1006, 1670 and the TRT policies. Training will consist of classroom-based training, practical and/or distance learning methods as determined by the Parties, in accordance with the TRT policies. a) New members assigned to TRT will meet the following minimum qualifications: 1. Operations level in rope rescue, confined space, structural collapse, trench rescue, and hazardous materials. Technical Rescue Technician level training is preferred but not required. 2. Training to the Technical Rescue Technician level in all disciplines should be the goal for each of the Agencies with its personnel assigned to the TRT. This should be accomplished within the first two years of members joining the team. b) Technical Rescue Technician level training shall be defined in accordance with the State of Florida requirements for rope rescue, vehicle and machinery rescue, hazardous materials, confined space, trench rescue, and structural collapse. All courses shall be in compliance with NFPA 1670, NFPA 472 and Florida State Fire Marshal’s Office. c) Continuing Education will consist of attending at minimum 10 out of 12 monthly drills and/or training sessions. d) As funding is available each of the Agencies agrees to provide its field personnel with continuous training and/or Technical Rescue Technician level training for each discipline required for the TRT.

SECTION 302: Personnel Response with Trained Personnel. Each of the Agencies shall ensure that the minimum levels of trained personnel are on duty to respond to any technical rescue related incident. Minimum staffing levels are as follows: Deltona to provide three (3) personnel, Orange City to provide one (1) personnel, and DeLand to provide two (2) personnel. In the event of a long-term technical rescue incident, Agencies may call back its off-duty personnel to assist. Rights and Duties of TRT Personnel. Personnel assigned by the Agencies to the TRT, who are performing their duties pursuant to this Agreement outside of their jurisdiction, shall have the same Page 9 of 22

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powers, duties, rights, privileges and immunities as if they were performing their duties in the jurisdiction in which they are normally employed, provided however, such powers are limited to, and are to be exercised by such personnel only while performing duties pursuant to this Agreement. Training and Qualifications. All Field Personnel employed by the Agencies in the performance of work under this Agreement shall be trained and qualified at a level consistent with the standard established by the TRT policies for Technical Rescue Incidents and shall hold appropriate credentials in their respective technical rescue profession. Personnel whose education and training are not current shall not be permitted to participate in responses to Technical Rescue Incidents as Technical Rescue Technicians. TRT Team Leader. The TRT Team Leader shall be the assigned Division Chief from the Deltona Fire Department. The TRT Team leader will be responsible for the following: a) Responding to Technical Rescue Incidents and overseeing operations in accordance with TRT policies and in coordination with incident command. If the TRT Team Leader is unavailable to respond, the next available special operations qualified chief officer would respond as an alternative. b) Developing TRT policies with the assistance of the Agencies’ coordinators and members of the TRT team. c) Maintain training documentation for all personnel assigned to TRT from all agencies as it pertains to TRT. d) Attend and actively participating in technical rescue related meetings, including all state meetings for task force team leaders. e) Maintain all documents for FL-LTRT 532 as required by the State of Florida. f) Develop and coordinate annual training schedules for TRT personnel in conjunction with the Special Operations Coordinator from the other Agencies. g) Conduct quarterly meetings with Agencies’ special operations coordinator. h) Coordinate and prepare annual budget requirements with agencies special operations coordinator. i) Monitor and insure compliance with this agreement by all signing Agencies. j) Participate with each of the Agencies on hazard vulnerability and risk assessments regarding Emergency Support Function (ESF) 9 issues.

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SECTION 303: State of Emergency Assistance / Mutual Aid Responses State of Emergency Assistance within Volusia County. Immediately upon notification by the County of a State of Emergency within Volusia County, each of the Agencies shall commit such resources given the nature of the State of Emergency and shall assist in accordance with applicable plans and protocols mutually agreed upon by the Agencies. When one or more of the Agencies ceases providing assistance with the State of Emergency, such Agencies shall resume normal operations as rapidly as practical and notify the TRT Team Leader that it is able to resume normal operations. State of Emergency Assistance Outside of Volusia County. Agencies shall manage any State of Emergency assistance or mutual aid response outside of Volusia County in a manner which does not prevent Agencies from rendering services in accordance with this Agreement.

SECTION 304: Automatic Aid/Response Upon notification by the regional 9-1-1 center of a Technical Rescue Incident within the jurisdictions of the Agencies, each of the Agencies shall respond with their identified technical rescue unit and request the technical rescue squad from DELTONA FD, if not already dispatched.

SECTION 305: Technical Rescue Supplies and Inventory Control The Agencies shall establish and implement inventory control procedures for the stocking and use of technical rescue supplies. Each of the Agencies shall maintain inventory records that identify all technical rescue supplies. For use in carrying out their responsibilities pursuant to this Agreement, the Agencies shall purchase only supplies and equipment that are compatible with current equipment carried on Sqd65 and the DELTONA FD TRT trailer. By way of example, Agency A decides to purchase a 5 person confined space communication system for use in providing Technical Rescue Services pursuant to this Agreement, the system shall be compatible with the system that is carried on Sqd65.

SECTION 306: Certification Each of the Agencies shall maintain records of their personnel’s certifications as they pertain to the TRT. Each of the Agencies will provide and keep up to date a spreadsheet to the TRT Team Leader for his/her record keeping needs for FL-LTRT 532.

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SECTION 307: Accurate Information

Any news releases, statements, or public information given by the Agencies to the public or to the media that pertains to the TRT shall accurately portray the Special Operations Team and FL-LTRT 532, and shall follow TRT policies.

Article IV: DUTIES AND RESPONSIBILITIES OF THE AGENCIES

SECTION 401: Vehicles and Equipment

Obligation to Provide Vehicles. At all times during the term of this Agreement, DELTONA FD shall provide/fund a squad type vehicle and FL-LTRT 532 trailer. Vehicle specifications shall be “mission capable” depending on the type of incident.

Maintenance of Vehicles. DELTONA FD shall be responsible for the maintenance and repair of DELTONA FD owned technical rescue vehicles and trailers and for the replacement of vehicles and fuel cost. All Agencies shall be responsible for furnishing maintenance for equipment, supplies, repairs, spare parts, and replacement of equipment owned by the respective agency. All Agencies shall maintain records to document that technical rescue vehicles and equipment are maintained and used in accordance with this Agreement.

Staffing of Vehicles. DELTONA FD shall maintain a staffing of 3 personnel at the designated special operations station to staff the technical rescue vehicles. The Agencies shall maintain staffing levels as required in Section 103 of this Agreement. A floater from any of the three Agencies may be used in lieu of each of the Agencies’ staffing requirement for a short term period. By way of example, if Deltona does not have 3 special operations personnel on duty, but Orange City or DeLand has a third TRT member on duty, in lieu of mandating an employee on overtime, Deltona’s requirement can be fulfilled by the third person (Floater) from one of the other two agencies.

Equipment and Supplies. With the exception of equipment owned and maintained by the Agencies, DELTONA FD shall furnish and maintain all technical rescue equipment required by the State of Florida for a light technical rescue task force team. Any technical rescue equipment purchased by the Agencies shall be done in accordance with Section 305. All supplies used during Page 12 of 22

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a Technical Rescue Incident or training event shall be the responsibility of the agency providing the supplies for such incident or training event.

SECTION 402: Continuing Technical Rescue Education The TRT Team Leader and coordinators shall provide and make available continuing education training programs at multiple, regionally located training sites and not a single centralized training site. Any costs related to personnel and staffing shall be the responsibility of the Agencies for their respective personnel.

SECTION 403: Hazardous Waste Collection All hazardous waste or materials, with the exception of bio-hazard waste, from all Technical Rescue Incidents shall remain the responsibility of the legally responsible party or the agency having jurisdiction of the incident. The Agencies are responsible for their own hazardous waste collected during a Technical Rescue Incident within their jurisdiction. Bio-hazardous waste will be handled in accordance with state law and the individual agency’s own department policies.

SECTION 404: Special Operations Coordinator ORANGE CITY FD and DELAND FD will provide a coordinator for the TRT. The coordinator will act as a liaison between the agency and the TRT team leader. The TRT coordinator duties will include, but not be limited to the following: a) Supply and equipment procurement and/or repairs for their agency. b) Inventory maintenance and controls. c) Training coordination for team training. d) Monitoring technical rescue personnel to ensure compliance with TRT policies. e) Monitoring technical rescue personnel to ensure they maintain an appropriate level technical rescue competence based on the required training, that training requirements are met, and that members provide services in a manner that is professional and courteous. f) Attending and actively participating in technical rescue related meetings. g) Participating in budget development of the TRT, including identifying areas for improvement or gaps in team capability. h) Coordinating with city administrative staff to manage contract compliance of the TRT.

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i) Participating with each city on hazard vulnerability and risk assessments regarding Emergency Support Function (ESF) 9 issues. j) Coordinated budget requests with their respective department to maintain or increase equipment and training needs.

ARTICLE V: INSURANCE AND LIABILITY

SECTION 501: Minimum Insurance Requirements Agencies shall be responsible for providing legally required workers’ compensation insurance coverage for their personnel during a Technical Rescue Incident, training, and/or a deployment with FL-LTRT 532.

SECTION 502: Liability Each of the Agencies agrees to be fully responsible for their own acts of negligence or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity or the limits of liability contained in Section 768.28, Florida Statutes, by the agencies. Nothing herein shall be construed as consent by the agencies to be sued by third parties in any manner arising out of this Agreement. Agencies are not liable for the causes of action arising out of negligence of DELTONA FD, its employees, or arising out of the negligence of any persons or entities contracted by, appointed by, or approved by DELTONA FD to provide services related to this Agreement (including, but not limited to, other agencies, the ambulance contractors, and Medical Director). This section 502 shall survive the expiration or earlier termination of this Agreement.

ARTICLE VI: COMPENSATION AND OTHER FINANCIAL PROVISIONS

SECTION 601: Compensation Training Funds – Each of the Agencies are responsible for the costs to provide the required training for their personnel as per Section 301.

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Travel Funds – Each agency will cover all travel expenses, limited to lodging, transportation, registration fees, and food in accordance to the individual agencies travel policy and Florida Statutes Section 112.061.

ARTICLE VII: TERM AND TERMINATION SECTION 701: Term The initial term of this Agreement shall be for five (5) years, commencing on November 1, 2019 and ending at midnight September 30, 2023, unless this Agreement is earlier terminated as provided for in this Agreement. This Agreement may be renewed for an additional five (5) year period following the initial term, provided that the Parties mutually agree in writing to such renewal which is subject to agencies approval prior to July 1, 2023. References in this Agreement to “Term” shall include the initial term of this Agreement and all renewals thereof.

SECTION 702: Termination a) By DELTONA FD for Cause – This Agreement may be terminated by DELTONA FD for cause upon twenty (20) days written notice to the Agencies in breach. For purposes of this section 702(a), “cause” shall mean (1) the event that an agency, for any reason, fails to meet the licensing requirements in the State of Florida pursuant to the provisions of Chapter 401, Florida Statutes, or (2) a material breach by an agency of any term, covenant or warranty. DELTONA FD shall provide written notice of such breach and the Agencies shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice or within such additional period of time mutually agreed upon by the Parties. b) By ORANGE CITY FD or DELAND FD for Cause – This Agreement may be terminated by the agencies for cause upon (20) days written notice to DELTONA FD. For purposes of this section 702(b), “cause” shall mean a material breach by DELTONA FD or any other agency of any term, covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of any term, covenant or warranty, Agencies shall provide written notice of such breach and DELTONA FD or other Agencies shall have the opportunity to cure such breach within twenty (20) days of receipt of such notice, or, within such additional period of time mutually agreed upon by the Parties.

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c) By DELTONA FD or Agencies without Cause – This Agreement may be terminated without cause by any of the Agencies upon six (6) months written notice to the other Parties.

SECTION 703: Disposition of Assets Assets paid by Agency - Any assets purchased solely with the funds of individual agencies under this Agreement shall remain in the property of that agency. Assets paid for by DELTONA FD and Agency - In the case of assets purchased with funds from both DELTONA FD and the other Agencies, DELTONA FD the purchasing Agencies shall determine fair market value of such asset and then shall pro rate such fair market value according to the respective interest of DELTONA FD the purchasing Agencies. In the event the ORANGE CITY FD or DELAND FD desires to retain said asset, retaining agency shall pay to the non- retaining Agencies an amount equal to non-retaining Agencies’ interest in said asset, if any. In the event that DELTONA FD desires to retain said asset, DELTONA FD shall pay the non-retaining Agencies an amount equal to the non-retaining Agencies’ interest in said asset, if any. If neither DELTONA FD nor the other purchasing Agencies desire to retain said asset, then the asset shall be sold at public sale to the highest bidder and the net proceeds distributed according to the respective interest of each of the Agencies and DELTONA FD. Date to Return Assets – The return of assets or funds in lieu of assets as described in the Section 703 above, shall be executed and completed upon the effective date of termination as specified in the termination notice.

SECTION 704: Resolution of Disputes To the extent that the Agencies and DELTONA FD cannot, after good faith attempt, resolve any controversy or dispute that may have arisen under this Agreement, the Agencies and DELTONA FD shall appoint an ad-hoc committee consisting of one representative from each of the Agencies and one mutually agreed upon representative from the Volusia County Fire Chiefs Association, to facilitate a timely and effective resolution. The ad-hoc committee shall meet as often as necessary under the circumstances in an attempt to resolve the controversy or dispute. The committee shall review each Party's submittal of its interpretation of the Agreement and may request additional information as necessary. The committee shall complete its review within sixty (60) days of the date that the committee is notified of the controversy or dispute (unless the Parties mutually agree Page 16 of 22

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to extend this period of time) and submit any recommendation to the DELTONA FD and Agencies. All recommendations and other actions of the committee shall be non-binding. After the committee has submitted its recommendation to all Agencies, any of the Agencies may thereafter request to refer the matter to non-binding mediation in the State of Florida. If the Parties do not agree upon a representative for the committee, if either Party chooses not to engage in mediation, or if the Parties engage in mediation but mediation fails to resolve the dispute, either Party may pursue its legal remedies, including, but not limited to, filing a complaint (including but not limited to a complaint for injunctive relief) in the appropriate court possessing competent jurisdiction.

ARTICLE VIII: MISCELLANEOUS SECTION 801: Non-Discrimination in Employment The Agencies will not discriminate against any applicant for employment because of age, race, color, religion, sex, sexual orientation or national origin. Agencies agree that applicants will be employed, and that employees are treated during employment, (e.g. layoff or termination. promotion, demotion, transfer, rates of pay and compensation, and selection for training, including apprenticeship), without regard to age, race, color, religion, sex, sexual orientation or national origin.

SECTION 802: Notices All notices, consents and agreements required or permitted by this Agreement shall be in writing, and, as applicable, shall be transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt, postage prepaid, and shall be addressed as follows: If to Deltona: Fire Chief, Deltona Fire Department 1685 Providence Blvd Deltona, Fl. 32725

If to Orange City: Fire Chief, Orange City Fire Department 215 North Holly Dr. Orange City, Fl. 32763

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If to Deland Fire: Fire Chief, Deland Fire Department 201 West Howry Avenue DeLand, Fl. 32720

SECTION 803: Entire and Complete Agreement This Agreement, as amended, and all Appendices hereto, constitute the entire and complete agreement of the Parties with respect to the services to be provided hereunder. This Agreement, unless provided herein to the contrary, may be modified only by written agreement duly executed by the Parties with the same formality as this Agreement.

SECTION 804: Other Documents Each Party agrees to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested in order to give full effect to this Agreement.

SECTION 805: Applicable Law Florida Law shall govern the validity, interpretation, construction and performance of this Agreement.

SECTION 806: Waiver Unless otherwise specifically provided by the terms of this Agreement, no delay or failure to exercise a right resulting from any breach of this Agreement shall impair such right or shall be construed to be a waiver thereof, but such may be exercised from time to time and as often as may be deemed necessary. Any waiver shall be in writing and signed by the Party granting such waiver. If any representation, warranty or covenant contained in this Agreement is breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach under this Agreement.

SECTION 807: Severability In the event that any provision of this Agreement shall for any reason be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree

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to such amendments, modifications, or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein.

SECTION 808: Agencies Are Independent Contractors The Parties agree that throughout the term of this Agreement, and during the performance of any obligations hereunder, Agencies are independent contractors in all respects and shall not be the agent, servant, officer, or employee of any other Party.

SECTION 809: No Third-Party Beneficiaries, Agreements This agreement is not intended, nor shall it be construed, to inure to the benefit of any third person or entity not a party hereto, and no right, duty or obligation of the Agencies under this Agreement, shall be assigned to any person, private association or corporation, non-profit corporation, or public body without the prior written consent of all Parties.

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IN WITNESS WHEREOF the parties hereto, by and through their undersigned Authorized officers have caused this Agreement to be executed on this _____ day of ______2019.

Deltona Fire Department City of Deltona Fire Chief, Frank Snyder City Manager Jane Shang ______

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IN WITNESS WHEREOF the parties hereto, by and through their undersigned Authorized officers have caused this Agreement to be executed on this _____ day of ______2019.

Orange City Fire Department City of Orange City Fire Chief, Ronnie C. Long City Manager Dale Arrington ______

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IN WITNESS WHEREOF the parties hereto, by and through their undersigned Authorized officers have caused this Agreement to be executed on this _____ day of ______2019.

Deland Fire Department City of Deland Fire Chief, Todd Allen City Manager Michael Pleus ______

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2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: F.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 10 - F

SUBJECT: Request approval of Resolution No. 2019-51 to amend the Schedule of Fees for the Building Services Department effective January 1, 2020 - Marc-Antonie Cooper, Assistant City Manager (386) 878-8702, Steve Roland, Assistant Director, Building and Enforcement Services (386) 878-8653, Camille Hooper, Finance Director, (386) 878-8552.

LOCATION: Citywide

BACKGROUND: Sections 166.222 and 553.80, Florida Statutes, authorizes the City to provide a schedule of fees for building code inspections and enforcement. Ordinance No. 40-2005, adopted September 19, 2005, further authorizes the city to charge building and related permit fees to defray the cost of providing these services to the public. The City’s Schedule of Fees for Building Services was most recently amended on March 19, 2007. During workshops held in May 2019 as part of the City’s budget process, the Commission discussed the City’s fee schedules, including Building Services.

Resolution 2019-51 codifies the amendments to the Schedule of Fees for the Building Services Department, as presented in Resolution Attachment A, effective January 1, 2020.

COST: Fee increases are projected to generate approximately $170,000 in FY 2019-20

SOURCE OF FUNDS: General Fund, 001-001157-322157, 322158, 322160

ORIGINATING DEPARTMENT: Building and Enforcement Services, Finance

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: F.

STAFF RECOMMENDATION PRESENTED BY: Steve Roland, Assistant Director, Building and Enforcement Services - That the Commission approve Resolution No. 2019-51 to amend the Schedule of Fees for Building Services, as detailed in Resolution Attachment A, effective January 1, 2020.

POTENTIAL MOTION: “I Move to approve Resolution No. 2019-51 to amend the Schedule of Fees for Building Services as presented effective January 1, 2020. Upon approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™

RESOLUTION NO. 2019-51

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; AMENDING THE ADOPTED FEE SCHEDULES FOR THE BUILDING SERVICES DEPARTMENT BY REVISING CERTAIN BUILDING PERMIT FEES; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Section 166.222, Florida Statutes, Building Code Inspection Fees, authorizes the governing body of a municipality to provide a schedule of reasonable inspection fees in order to defray the costs of inspection and enforcement of its building code; and

WHEREAS, Section 553.80, Florida Statutes, Enforcement, authorizes the governing body of a municipality to provide a schedule of fees for the enforcement of the provisions of the

Florida Building Code; and

WHEREAS, the City Commission adopted Ordinance No. 40-2005 on September 19,

2005, which deems it appropriate to charge building and related permit fees to defray the cost of inspections and enforcement of its building code and to adequately address the cost of providing such services to the public; and

WHEREAS, the City Commission most recently amended the Schedule of Fees for the

Building Services Department when it adopted Resolution No. 2007-03 on March 19, 2007; and

WHEREAS, the City Commission conducted workshops on Monday, May 13, 2019, and

Thursday, May 16, 2019, in which it reviewed recommended revisions to the adopted Schedule of Fees.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE

CITY OF DELTONA, FLORIDA, as follows:

City of Deltona, Florida Resolution No. 2019-51 Page 2 of 2

Section 1. The City Commission hereby adopts the amendments to the Schedule of

Fees for Building Services as listed in Attachment A to this Resolution.

Section 2. Submittal and Plan Review fees shall be paid at the time of application.

Plan review fees will be applied to final amount due at issuance of permit. Plan Review fees are non-refundable if permit is not issued for any reason.

Section 3. The amended fees listed in Attachment A shall become effective January

1, 2020, and shall apply to all applications made for related permits on or after January 1, 2020.

Section 4. All resolutions or part of resolutions in conflict herewith be and the same are hereby repealed.

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF

DELTONA, FLORIDA, THIS ______DAY OF ______, 2019.

BY: ______HEIDI K. HERZBERG, Mayor

ATTEST:

______JOYCE RAFTERY, City Clerk

Approved as to form and legality for use and reliance of the City of Deltona, Florida:

______CITY ATTORNEY

Resolution 2019-51 ATTACHMENT A Amendments to Schedule of Fees for Building Department

Submittal Fees

Submittal Fees are non-refundable and do not apply to the total fees due at issuance of permit

Submittal Fees—One- and Two-Family $30.00 $40.00 Dwellings

Submittal Fees—Accessory Structures 15.00 $25.00

Submittal Fees—Commercial 30.00 $40.00

New Structures

Building Permit Fee $3.50 $3.85 per $1,000.00 of Value(1)

Electrical Fee with Building Permit $.40 $.44 per $1,000.00 of Value(1) ($45.00 $55.00 (Includes Temporary Power Pole) Minimum)

Mechanical Fee with Building Permit $.40 $.44 per $1,000.00 of Value(1) ($45.00 $55.00 Minimum) City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 2 of 14

Plumbing Fee with Building Permit $.40 $.44 per $1,000.00 of Value(1) ($45.00 $55.00 Minimum)

Roofing Fee with Building Permit $.40 $.44 per $1,000.00 of Value(1) ($45.00 $55.00 Minimum)

Gas Fee with Building Permit $.40 $.44 per $1,000.00 of Value(1) ($45.00 $55.00 Minimum)

Residential Repair, Maintenance and Upgrades

Electrical Permit—Residential $45.00 $55.00

Mechanical Permit—Residential $45.00 $55.00

Plumbing Permit—Residential $45.00 $55.00

Solar Water Heater for Domestic Water $45.00 $55.00

Gas Permit $45.00 $55.00

Commercial Renovations and Alterations

Electrical Permit—Commercial $90.00 $100.00 Minimum Fees for the installation of all new electrical

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 3 of 14

Renovations and Alterations service and increases to existing electrical service to commercial buildings shall be figured on the ampere increase in service: • Single phase services fee per amp…$0.45 • Three phase up to 240 volt fee per amp…$0.85 • Three phase over 240 volt fee per amp…$1.50 Alterations and/or rewiring of existing systems: • Per circuit up to ten circuits…$5.00 • Each additional circuit…$2.00 Total fee for alterations and/or rewiring of existing systems shall not exceed the fee schedule for new electrical service based on the size of the existing service. Low voltage alarm system: • Up to $5,000.00…$50.00 • Each additional $1,000.00 or fraction thereof…$5.00

Mechanical Permit—Commercial $90.00 $100.00 Minimum Renovations and Alterations Plus • 0 to 3 tons…$90.00 • Above 3 tons to 10 tons…$90.00 plus $12.00 per ton over 3 tons • Above 10 tons to 25 tons…$174.00 plus $10.00 per ton over 10 tons • Above 25 tons to 50 tons…$324.00 plus 6.00 per ton over 25 tons • Above 50 tons…$474.00 plus $5.00 per ton over 50 tons

Plumbing Permit—Commercial $90.00 $100.00 Minimum Renovations and Alterations Plus: • Each fixture, appliance, etc…$5.00 • Each rough-in or plugged waste outlet…$5.00 • Floor, area, or similar drain…$5.00 • Grease, oil, trap, or other interceptor…$5.00 • Bar, soda fountain, or similar drain…$5.00

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 4 of 14

• Sanitary/storm sewer or building drain from fixtures in building to connection with septic tanks, public sewer of existing private sewer on lot, in excess of 15 feet…$5.00 • Leeching well, soakage pit, or similar device…$5.00 • Rain leader, cast iron on storm sewer…$5.00 • Water heater or boiler or storage tank, all types…$5.00 • Solar heating system…$6.50 • Fire standpipe…$50.00 • Fire standpipe lines, each outlet…$5.00 • Pressing machine and/or steam boiler in connection…$5.00 • Hose faucets…$5.00 • Special fixtures/appliances not covered herein (such as ice makers, coffee urns, water-supplied appurtenances, etc.)…$5.00

Re-Roof

Re-Roof Permit—Residential $2.00 per Square (100 Square Feet) $30.00 $40.00 Minimum

Re-Roof Permit—Commercial $2.00 per Square (100 Square Feet) (Includes Plan Review) $75.00 $40.00 Minimum

Additions & Remodeling to Existing One- & Two-Family Dwellings

Addition to Residential Building $3.50 per $1,000.00 of Value $40.00 per required inspection, $80.00 minimum

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 5 of 14

Remodel of Residential Facility $2.00 per $1,000.00 of Value $40.00 per required inspection, $80.00 minimum

Additions & Remodeling to Commercial Structures

Addition to Commercial Building $50.00 $60.00 plus $4.00 $4.40 per $1,000.00 of Value(1)

Remodel of Commercial Facility $50.00 $60.00 plus $2.00 $4.40 per $1,000.00 of Value(1)

Accessory

In Ground Pool (Includes Electrical Permit) $135.00 $149.00

Above Ground Pool (Includes Electrical $75.00 $85.00 Permit)

In Ground Spas (Includes Electrical Permit) $75.00 $85.00

Glass Room (Includes Electrical Permit) $75.00 $85.00

Sunroom (Includes Electrical Permit) $75.00 $85.00

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 6 of 14

Gas Pool Heater $30.00 $40.00

Solar Panel Pool Heater $30.00 $40.00

Screen Pool Enclosure $45.00 $55.00

Screen enclosure $45.00 $55.00

Patio Cover $45.00 $55.00

Shed $30.00 $40.00

Fence $30.00 $40.00

Temporary Power Pole $45.00 $55.00

Retaining Walls (Includes Building Plan $150.00 $165.00 Review)

Miscellaneous Accessory Structures $30.00 $40.00

Other Accessory Buildings $30.00 $40.00 plus $4.00 $4.40 per $1,000.00 of Value(1)

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 7 of 14

Sidewalk Fund Fees per Linear Foot 5’x4”, $18.50; 8’x4”, $29.52; and 8’x6”, $30.64

Signs & Tents & Commercial Hoods

Signs—Building $1.25 $1.37 per square foot $30.00 $40.00 Minimum

Signs—Electrical $1.25 $1.37 per square foot plus $45.00 $55.00 Electrical Permit

Tent $30.00 $40.00 plus $55.00 Electrical Permit

Commercial Hood System $150.00 $165.00 (Includes Plan Review and Initial Inspections)

Demolition

Demolition—Residential $110.00 $121.00

Demolition—Commercial $150.00 $165.00

Plan Review

Plan Review Fee One- & Two-Family Value(1) of Project = Fee

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 8 of 14

Dwelling & Accessory Structures 0 to 5k = $15.00 $25.00 (Includes initial plan review and review of 5 to 10k = $25.00 $35.00 initial response) 10 to 40k = $40.00 $50.00 40 to 100k = $60.00 $70.00 100 to 200k = $85.00 $95.00 200k+ = $85.00 $95.00 + $15.00 $25.00 per 50k (Plan Review Fees will be deducted from amount due at Issuing of Permit.)

Plan Review Fee Commercial Value(1) of Project = Fee (Includes Initial plan review and response 0 to 2k = $15.00 $25.00 to initial response) 2 to 5k = $25.00 $35.00 5 to 10k = $30.00 $40.00 10 to 40k = $60.00 $70.00 40 to 100k = $80.00 $90.00 100 to 200k = $200.00 $220.00 200 to 500k = $425.00 $468.00 500k+ = $425.00 $468.00 plus $20.00 $30.00 per 50k (Plan Review Fees will be deducted from amount due at Issuing of Permit.)

Review of Second and Subsequent $25.00 $35.00 for Second Response Responses—Residential $50.00 $60.00 for Third Response $120.00 $130.00 for Fourth Response

Review of Second and Subsequent Value(1) Based Responses—Commercial $0.00 to $100,000.00 Fee of $25.00 $35.00 $100,000.01 to $500,000.00 Fee of $50.00 $60.00 $500,000.01 to $1.5 million fee of $75.00 $85.00 Over $1.5 million Fee $100.00 $110.00

Additional Plans Stamped at Initial Plan $2.00 $2.20 per page

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 9 of 14

Review

Items Exempt from Plan Review & Submittal Fees

Residential Re-roof Asphalt Shingles Only

Temporary Power Pole

Fence Permit

Electrical Service Upgrades and Repairs

Residential HVAC Change Out Without Duct Work

Water Heater Change Outs

Sheds 120 square feet or less without Electrical

Master Filing

Master File One- & Two-Family Plans No Charge

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 10 of 14

Master File Accessory Structures No Charge

Duplicate & Re-Certification

Duplicate/Replacement Permit Card $10.00 $20.00

Re-certification of Lost or Damaged $30.00 $40.00 Plans—Residential

Re-certification of Lost or Damaged $2.00 $2.20 per page Plans—Commercial $30.00 $40.00 minimum

Revisions to Issued Permits

Plan Revisions to Issued Permits— $30.00 $40.00 per submittal Residential

Plan Revisions to Issued Permits— $50.00 $60.00 per submittal Commercial

Re-Inspections

First Reinspection for All Trades $30.00 $40.00

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 11 of 14

Second Reinspection for same item—All $45.00 $55.00 Trades

Third Reinspection for same item—All $60.00 $70.00 Trades

Fourth Reinspection for same item—All $120.00 $130.00 Trades

After Hours & Special Inspections

Special Requested Inspection 8:00 a.m. to $50.00 $60.00 4:00 p.m. Monday thru Friday

After Hours Inspection—Weekday 4:30 $50.00 $60.00 per hour 2 hour minimum p.m. to 7:30 a.m. Monday to Thursday

After Hours Inspection—Weekend $50.00 $60.00 per hour 4 hour minimum

Work Without Permit

Construction Started without a Valid Double the amount of All Permit Fees Permit being issued

Pre-Power

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 12 of 14

Pre-power Residential $75.00 $0

Pre-power Commercial $150.00 $165.00 for First 30 days $75.00 for each additional 30-day period

Temporary CO & Expired Permits

Temporary Certificate of Occupancy— $150.00 $165.00 for first 30 days Commercial (the Maximum length of time $75.00 $85.00 for an additional 15 days for a Temporary Certificate of Occupancy Shall be 45 days.)

Copy of Certificate of Occupancy $10.00 $20.00

Permit to Complete Project or to Re- When renewing a building permit the following activate Expired Permit percentage shall be used for the purpose of calculating the building fee (the percentage represents the work not yet completed) : (1)

If the 1st inspection was never made renewal must be at full current value—100% Slab inspection approved and slab poured—80% Lintel inspection approved—60% Framing and rough all inspections approved— 40% Insulation inspection approved—20% For final inspections only—10%

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 13 of 14

Permit Time Extension $30.00 $40.00

Mobile Homes

Mobile Home Set up $180.00 $198.00 (Includes Plan Review, Building, Electrical, Mechanical, & Plumbing)

Changes to Permit

Change of Contractor $50.00 $60.00

Change of Subcontractor $25.00 $35.00

Refunds & Surcharges

Radon Fee $0.005 per Square Foot

DCA State Surcharge 1% of permit fees. $2.00 minimum. (This is a pass-through charge imposed by the State in accordance with 553.721, Florida Statutes. The amount of this surcharge is subject to change whenever the Statutorily-required fee changes.)

BCAI State Surcharge $0.005 per Square Foot 1.5% of permit fees. $2.00 Minimum

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 14 of 14

(This is a pass-through charge imposed by the State in accordance with 468.631, Florida Statutes. The amount of this surcharge is subject to change whenever the Statutorily-required fee changes.)

Refund Policy No Refunds for Plan Review Fees plus $50.00 No Refunds for less than $50.00 When refunding a building permit fee the following percentage shall be used for the purpose of calculating the building permit fee to be refunded (the percentage represents the work not yet completed): (1) If the 1st inspection was never made renewal must be at full current value—100% Slab inspection approved and slab poured—80% Lintel inspection approved—60% Framing and rough all inspections approved— 40% Insulation inspection approved—20% For final inspections only—10%

(1)Construction Cost/Valuation will be calculated using the most recent "Building Valuation Data" chart as published in the Building Safety Journal, a publication of the International Code Council, or the contracted construction price, whichever is greater. In those instances in which valuation is based on the contractor's estimate, the contractor shall provide such verification as the Building Official may require, such as the written contract between contractor and owner. If the contractor fails to provide such verification, the building official may, in his or her sole discretion, determine the valuation based on the building valuation data of the proposed construction work.

Resolution 2019-51 ATTACHMENT A Amendments to Schedule of Fees for Building Department

Submittal Fees

Submittal Fees are non-refundable and do not apply to the total fees due at issuance of permit

Submittal Fees—One- and Two-Family $40.00 Dwellings

Submittal Fees—Accessory Structures $25.00

Submittal Fees—Commercial $40.00

New Structures

Building Permit Fee $3.85 per $1,000.00 of Value(1)

Electrical Fee with Building Permit $.44 per $1,000.00 of Value(1) ($55.00 Minimum) (Includes Temporary Power Pole)

Mechanical Fee with Building Permit $.44 per $1,000.00 of Value(1) ($55.00 Minimum)

Plumbing Fee with Building Permit $.44 per $1,000.00 of Value(1) ($55.00 Minimum) City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 2 of 14

Roofing Fee with Building Permit $.44 per $1,000.00 of Value(1) ($55.00 Minimum)

Gas Fee with Building Permit $.44 per $1,000.00 of Value(1) ($55.00 Minimum)

Residential Repair, Maintenance and Upgrades

Electrical Permit—Residential $55.00

Mechanical Permit—Residential $55.00

Plumbing Permit—Residential $55.00

Solar Water Heater for Domestic Water $55.00

Gas Permit $55.00

Commercial Renovations and Alterations

Electrical Permit—Commercial $100.00 Minimum Renovations and Alterations Fees for the installation of all new electrical service and increases to existing electrical service to commercial buildings shall be figured on the ampere increase in service: • Single phase services fee per amp…$0.45 • Three phase up to 240 volt fee per amp…$0.85 • Three phase over 240 volt fee per amp…$1.50

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 3 of 14

Alterations and/or rewiring of existing systems: • Per circuit up to ten circuits…$5.00 • Each additional circuit…$2.00 Total fee for alterations and/or rewiring of existing systems shall not exceed the fee schedule for new electrical service based on the size of the existing service. Low voltage alarm system: • Up to $5,000.00…$50.00 • Each additional $1,000.00 or fraction thereof…$5.00

Mechanical Permit—Commercial $100.00 Minimum Renovations and Alterations Plus • 0 to 3 tons…$90.00 • Above 3 tons to 10 tons…$90.00 plus $12.00 per ton over 3 tons • Above 10 tons to 25 tons…$174.00 plus $10.00 per ton over 10 tons • Above 25 tons to 50 tons…$324.00 plus 6.00 per ton over 25 tons • Above 50 tons…$474.00 plus $5.00 per ton over 50 tons

Plumbing Permit—Commercial $100.00 Minimum Renovations and Alterations Plus: • Each fixture, appliance, etc…$5.00 • Each rough-in or plugged waste outlet…$5.00 • Floor, area, or similar drain…$5.00 • Grease, oil, trap, or other interceptor…$5.00 • Bar, soda fountain, or similar drain…$5.00 • Sanitary/storm sewer or building drain from fixtures in building to connection with septic tanks, public sewer of existing private sewer on lot, in excess of 15 feet…$5.00 • Leeching well, soakage pit, or similar device…$5.00

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 4 of 14

• Rain leader, cast iron on storm sewer…$5.00 • Water heater or boiler or storage tank, all types…$5.00 • Solar heating system…$6.50 • Fire standpipe…$50.00 • Fire standpipe lines, each outlet…$5.00 • Pressing machine and/or steam boiler in connection…$5.00 • Hose faucets…$5.00 • Special fixtures/appliances not covered herein (such as ice makers, coffee urns, water-supplied appurtenances, etc.)…$5.00

Re-Roof

Re-Roof Permit—Residential $2.00 per Square (100 Square Feet) $40.00 Minimum

Re-Roof Permit—Commercial $2.00 per Square (100 Square Feet) (Includes Plan Review) $40.00 Minimum

Additions & Remodeling to Existing One- & Two-Family Dwellings

Addition to Residential Building $40.00 per required inspection, $80.00 minimum

Remodel of Residential Facility $40.00 per required inspection, $80.00 minimum

Additions & Remodeling to Commercial Structures

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 5 of 14

Addition to Commercial Building $60.00 plus $4.40 per $1,000.00 of Value(1)

Remodel of Commercial Facility $60.00 plus $4.40 per $1,000.00 of Value(1)

Accessory

In Ground Pool (Includes Electrical Permit) $149.00

Above Ground Pool (Includes Electrical $85.00 Permit)

In Ground Spas (Includes Electrical Permit) $85.00

Glass Room (Includes Electrical Permit) $85.00

Sunroom (Includes Electrical Permit) $85.00

Gas Pool Heater $40.00

Solar Panel Pool Heater $40.00

Screen Pool Enclosure $55.00

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 6 of 14

Screen enclosure $55.00

Patio Cover $55.00

Shed $40.00

Fence $40.00

Temporary Power Pole $55.00

Retaining Walls (Includes Building Plan $165.00 Review)

Miscellaneous Accessory Structures $40.00

Other Accessory Buildings $40.00 plus $4.40 per $1,000.00 of Value(1)

Sidewalk Fund Fees per Linear Foot 5’x4”, $18.50; 8’x4”, $29.52; and 8’x6”, $30.64

Signs & Tents & Commercial Hoods

Signs—Building $1.37 per square foot $40.00 Minimum

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 7 of 14

Signs—Electrical $1.37 per square foot plus $55.00 Electrical Permit

Tent $40.00 plus $55.00 Electrical Permit

Commercial Hood System $165.00 (Includes Plan Review and Initial Inspections)

Demolition

Demolition—Residential $121.00

Demolition—Commercial $165.00

Plan Review

Plan Review Fee One- & Two-Family Value(1) of Project = Fee Dwelling & Accessory Structures 0 to 5k = $25.00 (Includes initial plan review and review of 5 to 10k = $35.00 initial response) 10 to 40k = $50.00 40 to 100k = $70.00 100 to 200k = $95.00 200k+ = $95.00 + $25.00 per 50k (Plan Review Fees will be deducted from amount due at Issuing of Permit.)

Plan Review Fee Commercial Value(1) of Project = Fee

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 8 of 14

(Includes Initial plan review and response 0 to 2k = $25.00 to initial response) 2 to 5k = $35.00 5 to 10k = $40.00 10 to 40k = $70.00 40 to 100k = $90.00 100 to 200k = $220.00 200 to 500k = $468.00 500k+ = $468.00 plus $30.00 per 50k (Plan Review Fees will be deducted from amount due at Issuing of Permit.)

Review of Second and Subsequent $35.00 for Second Response Responses—Residential $60.00 for Third Response $130.00 for Fourth Response

Review of Second and Subsequent Value(1) Based Responses—Commercial $0.00 to $100,000.00 Fee of $35.00 $100,000.01 to $500,000.00 Fee of $60.00 $500,000.01 to $1.5 million fee of $85.00 Over $1.5 million Fee $110.00

Additional Plans Stamped at Initial Plan $2.20 per page Review

Items Exempt from Plan Review & Submittal Fees

Residential Re-roof Asphalt Shingles Only

Temporary Power Pole

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 9 of 14

Fence Permit

Electrical Service Upgrades and Repairs

Residential HVAC Change Out Without Duct Work

Water Heater Change Outs

Sheds 120 square feet or less without Electrical

Master Filing

Master File One- & Two-Family Plans No Charge

Master File Accessory Structures No Charge

Duplicate & Re-Certification

Duplicate/Replacement Permit Card $20.00

Re-certification of Lost or Damaged $40.00

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 10 of 14

Plans—Residential

Re-certification of Lost or Damaged $2.20 per page Plans—Commercial $40.00 minimum

Revisions to Issued Permits

Plan Revisions to Issued Permits— $40.00 per submittal Residential

Plan Revisions to Issued Permits— $60.00 per submittal Commercial

Re-Inspections

First Reinspection for All Trades $40.00

Second Reinspection for same item—All $55.00 Trades

Third Reinspection for same item—All $70.00 Trades

Fourth Reinspection for same item—All $130.00 Trades

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 11 of 14

After Hours & Special Inspections

Special Requested Inspection 8:00 a.m. to $60.00 4:00 p.m. Monday thru Friday

After Hours Inspection—Weekday 4:30 $60.00 per hour 2 hour minimum p.m. to 7:30 a.m. Monday to Thursday

After Hours Inspection—Weekend $60.00 per hour 4 hour minimum

Work Without Permit

Construction Started without a Valid Double the amount of All Permit Fees Permit being issued

Pre-Power

Pre-power Residential $0

Pre-power Commercial $165.00 for First 30 days

Temporary CO & Expired Permits

Temporary Certificate of Occupancy— $165.00 for first 30 days

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 12 of 14

Commercial (the Maximum length of time $85.00 for an additional 15 days for a Temporary Certificate of Occupancy Shall be 45 days.)

Copy of Certificate of Occupancy $20.00

Permit Time Extension $40.00

Mobile Homes

Mobile Home Set up $198.00 (Includes Plan Review, Building, Electrical, Mechanical, & Plumbing)

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 13 of 14

Changes to Permit

Change of Contractor $60.00

Change of Subcontractor $35.00

Refunds & Surcharges

BCAI State Surcharge 1.5% of permit fees. $2.00 Minimum (This is a pass-through charge imposed by the State in accordance with 468.631, Florida Statutes. The amount of this surcharge is subject to change whenever the Statutorily-required fee changes.)

City of Deltona, Florida Resolution No. 2019-51 – Attachment A Page 14 of 14

2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: G.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 10 - G

SUBJECT: Request approval of Resolution No. 2019-52 to amend the Schedule of Fees for Fire Inspection Services effective January 1, 2020 - Bill Snyder, Fire Chief, (386) 878-6902; and Camille Hooper, Finance Director, (386) 878-8552.

LOCATION: Citywide

BACKGROUND: City Ordinance No. 02-2007, and Chapter 42 of the City of Deltona Code of Ordinances, authorize the City to impose rates for fire inspection services to defray the cost of providing these services to the public. The Fire Inspection Services Fee Schedule was most recently amended on March 19, 2007. During workshops held in May 2019 as part of the City’s budget process, the Commission discussed the City’s fee schedules including proposed amendments to the Fire Services Inspection Fee Schedule.

Resolution 2019-52 amends the Schedule of Fees for Fire Inspection Services, as presented in Resolution Attachment A, effective January 1, 2020.

COST: Fee increases are projected to generate approximately $5,000 in FY 2019-20

SOURCE OF FUNDS: General Fund, 001-342900

ORIGINATING DEPARTMENTS: Fire, Finance

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: G.

STAFF RECOMMENDATION PRESENTED BY: Bill Snyder, Fire Chief - That the Commission approve Resolution No. 2019-52 to amend the Schedule of Fees for Fire Inspection Services, as detailed in Resolution Attachment A, effective January 1, 2020.

POTENTIAL MOTION: “I move to approve Resolution No. 2019-52 to amend the Schedule of Fees for Fire Inspection Services as presented effective January 1, 2020. Upon approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™

RESOLUTION NO. 2019-52

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; AMENDING THE ADOPTED FEE SCHEDULES FOR FIRE SERVICES INSPECTIONS BY REVISING CERTAIN FEES; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, City Ordinance No. 02-2007 provided for the establishment of Fire

Inspection Services Fees, with such fees to be imposed at rates as established by the City

Commission by resolution; and

WHEREAS, Section 42-132, “Fees and Inspections” of Division 6, “Fire Services

Inspections,” of Article II, “Fire Department” of Chapter 42, “Fire Prevention and Protection of the City of Deltona Code of Ordinances provides for the establishment of Fire Inspection Serivce

Fees; and

WHEREAS, the City Commission most recently amended the Schedule of Fees for Fire

Inspection Services when it adopted Resolution 2007-02 on March 13, 2007; and

WHEREAS, the City Commission conducted workshops on Monday, May 13, 2019, and

Thursday, May 16, 2019, in which it reviewed recommended revisions to the adopted Schedule of Fees.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE

CITY OF DELTONA, FLORIDA, as follows:

Section 1. The City Commission hereby adopts the amendments to the Schedule of

Fees for Fire Inspection Services as listed in Attachment A to this Resolution.

Section 2. All inspection and review fees shall be paid in full prior to or upon

City of Deltona, Florida Resolution No. 2019-52 Page 2 of 2 completion of the inspection or review by the fire department. All other fees shall be paid at the time of any permit or license issuance. Additional fees shall be paid prior to the issuance of a certificate of occupancy for any re-inspections, re-test or for additional or repetitive plan reviews required as a result of a reject or failed inspection, test or review.

Section 3. The amended fees listed in Attachment A shall become effective on

January 1, 2020, and shall apply to all requests made for Fire Services Inspections on or after

January 1, 2020.

Section 4. All resolutions or part of resolutions in conflict herewith be and the same are hereby repealed.

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF

DELTONA, FLORIDA, THIS ______DAY OF ______, 2019.

BY: ______HEIDI K. HERZBERG, Mayor

ATTEST:

______JOYCE RAFTERY, City Clerk

Approved as to form and legality for use and reliance of the City of Deltona, Florida:

______CITY ATTORNEY

Resolution 2019-52 ATTACHMENT A Amendments to Schedule of Fees for Fire Services Inspections Effective January 1, 2020 All inspection and review fees shall be paid in full prior to or upon completion of the inspection or review by the fire department. All other fees shall be paid at the time of any permit or license issuance. Additional fees shall be paid prior to the issuance of a certificate of occupancy for any re-inspections, re-test or for additional or repetitive plan reviews required as a result of a reject or failed inspection, test or review.

PLAN REVIEW FEES

Site Plan Review $50.00 $100.00 per submittal (includes one follow-up review)

Site Plan Review Revisions $100.00 $50.00 per submittal

New Construction, Renovations, Additions $0.05 $0.08 per sq. ft. (Min. Fee $25.00 $35.00) (includes one follow-up review)

New Construction, Renovations, Additions 50% of Original Fee Review of Second and Subsequent Responses

Fire Sprinkler/Standpipe Systems (up to $75.00 $100.00 per system, per building 10,000 sq. ft.) (includes one follow-up review)

Fire Sprinkler/Standpipe Systems (over $100.00 plus $10.00 for every additional 1,000 10,000 sq. ft.) sq. ft. or portion thereof (includes one follow-up review) City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 2 of 8

Fire Sprinkler/Standpipe Systems Review of 50% of Original Fee Second and Subsequent Responses

Fire Sprinkler Underground Fireline $100.00 per system, per building (includes one follow-up review)

Fire Sprinkler Underground Fireline Review 50% of Original Fee of Second and Subsequent Responses

Fire Pumps $75.00 per system, per building

Fire Alarm Systems (up to 10,000 sq. ft.) $75.00 $100.00 per system, or per building

Fire Alarm Systems (over 10,000 sq. ft.) $75.00 $100.00 plus $10.00 for every additional 1,000 sq. ft. or portion thereof (includes one follow-up review)

Fire Alarm Systems Review of Second and 50% of Original Fee Subsequent Responses

Smoke Evacuation Systems (up to 10,000 sq. $75.00 per system ft.)

Smoke Evacuation Systems (over 10,000 sq. $75.00 plus $10.00 for every additional 1,000 sq. ft.) ft or portion thereof.

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 3 of 8

Fire Suppression Systems (Hood and/or $75.00 $100.00 per system (includes one follow- Paint Booths) up review)

Fire Suppression Systems – Other (Dry $100.00 per system (includes one follow-up Agent, etc.) review)

Fire Suppression Systems Review of Second 50% of Original Fee and Subsequent Responses

Ventilation Systems (Hood and/or Paint $75.00 $100.00 per system (includes one follow- Booths) up review)

Emergency Generator Systems $75.00 per system

Fuel Tank Installation (underground) $40.00 each $50.00 per tank(includes plans review and inspection) of slab and anchoring

Fuel Tank Removal (underground) $30.00 each to witness removal of tank

Fuel Tank Installation (above ground) $40.00 each per tank (includes plans review and inspection) of installation supports

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 4 of 8

INSPECTION FEES (CONSTRUCTION) FEES

First Inspection or Partial Inspection Free (Included with in Plans Review Fees) includes a partial

1st Re-Inspection and each additional partial $25.00 $40.00 inspection

2nd Re-Inspection $50.00 $55.00

3rd Re-Inspection $100.00

4th and Additional Re-Inspections $200.00

After Hours/Weekend Inspections $50.00 per hour (4 hour minimum)

All construction re-inspection and after hours/weekend inspections fees shall be paid prior to inspection being conducted.

MISCELLANEOUS/SPECIAL USE FEE PERMIT FEES FEES

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 5 of 8 listed in Table 1.12.19 (a) in the National Fire Protection Association (NFPA) 1 and shall be assessed a fee of $50.00 per operation and/or material storage/handling. If more than three operations/uses are performed at the occupancy, the maximum fee shall be $150.00.

Amusement Parks (Includes fairs, carnivals, and festivals) $100.00

Exhibit and Trade Shows $100.00

Tents (Over 900 SF) or Membrane Structures (120 sq. ft. or larger) $15.00 $35.00

Burn Permits—Open Burning Permit $100.00 each for rural or commercial land clearing

Burn Permits—Special No charge for campfires and bonfires

Residential Alarm Registration $15.00 per system

Fire Pumps, Wells, or Tanks $35.00

Fireworks: Public Displays $50.00 $100.00

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 6 of 8

Fireworks or Sparkler Sales $100.00

Multi-use permits any combination (three or more uses) $150.00 $200.00

ANNUAL FIRE SAFETY INSPECTIONS or OCCUPATIONAL LICENSES BUSINESS TAX RECEIPT INSPECTIONS

Annual Fire Safety Inspection (up to 5,000 sq. ft.) $25.00 $50.00

Each additional 5,000 sq. ft. $25.00

Residential Daycares/ALF/AFCH/Group Homes $15.00 $50.00

Residential Foster Homes $10.00 $35.00

Residential Home Office $10.00 $25.00

REINSPECTION FEES

1st Re-Inspection $30.00 $40.00

2nd Re-Inspection $60.00 $70.00

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 7 of 8

3rd Re-Inspection $120.00

4th and Additional Re-Inspections $250.00

SYSTEMS TESTING AND INSPECTIONS DUE TO FEES MALFUNCTIONS AND/OR REPAIRS/MISC.

The following fees shall be assessed for inspections conducted to recertify systems or for other miscellaneous inspections and/or tests required or requested. Fees shall be paid prior to service/inspection being performed.

Fire Sprinkler Systems/Hydrostatic Test (up to 10,000 sq. $45.00 ft.)

Fire Sprinkler Systems/Hydrostatic Test (over 10,000 sq. ft.) $75.00

Fire Alarm Systems (up to 10,000 sq. ft.) $25.00 $35.00

Fire Alarm Systems (over 10,000 sq. ft.) $50.00

Cooking Hood/Paint Booth Fire Protection System $30.00

Ventilation Systems/Cooking/Paint Booths $50.00

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 8 of 8

Emergency Generator Test $25.00

Fire Hydrant Flow Test $25.00 $35.00

Fire Hydrant Flow Test (Requested for Hydraulic $25.00 per hydrant Calculations)

Fire Pump Test $25.00 $50.00

Fire Watch Fee (Utilizing a Firefighter for fire watch) $50.00/hour per firefighter; minimum two hours per firefighter

PLAN REVIEW FEES

Site Plan Review $100.00 per submittal (includes one follow-up review)

Site Plan Review Revisions $50.00 per submittal

New Construction, Renovations, Additions $0.08 per sq. ft. (Min. Fee $35.00) (includes one follow-up review)

New Construction, Renovations, Additions 50% of Original Fee Review of Second and Subsequent Responses

Fire Sprinkler/Standpipe Systems (up to $100.00 per system, per building (includes one 10,000 sq. ft.) follow-up review)

Fire Sprinkler/Standpipe Systems (over $100.00 plus $10.00 for every additional 1,000 10,000 sq. ft.) sq. ft. or portion thereof (includes one follow- up review) City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 2 of 8

Fire Sprinkler/Standpipe Systems Review of 50% of Original Fee Second and Subsequent Responses

Fire Sprinkler Underground Fireline $100.00 per system, per building (includes one follow-up review)

Fire Sprinkler Underground Fireline Review 50% of Original Fee of Second and Subsequent Responses

Fire Pumps $75.00 per system, per building

Fire Alarm Systems (up to 10,000 sq. ft.) $100.00 per system, or per building

Fire Alarm Systems (over 10,000 sq. ft.) $100.00 plus $10.00 for every additional 1,000 sq. ft. or portion thereof (includes one follow- up review)

Fire Alarm Systems Review of Second and 50% of Original Fee Subsequent Responses

Smoke Evacuation Systems (up to 10,000 sq. $75.00 per system ft.)

Smoke Evacuation Systems (over 10,000 sq. $75.00 plus $10.00 for every additional 1,000 ft.) sq. ft or portion thereof.

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 3 of 8

Fire Suppression Systems (Hood and/or Paint $100.00 per system (includes one follow-up Booths) review)

Fire Suppression Systems – Other (Dry $100.00 per system (includes one follow-up Agent, etc.) review)

Fire Suppression Systems Review of Second 50% of Original Fee and Subsequent Responses

Ventilation Systems (Hood and/or Paint $100.00 per system (includes one follow-up Booths) review)

Emergency Generator Systems $75.00 per system

Fuel Tank Installation (underground) $50.00 per tank(includes plans review and inspection)

Fuel Tank Removal (underground) $30.00 each to witness removal of tank

Fuel Tank Installation (above ground) $40.00 per tank (includes plans review and inspection)

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 4 of 8

INSPECTION FEES (CONSTRUCTION) FEES

First Inspection or Partial Inspection Free (Included in Plans Review Fees)

1st Re-Inspection and each additional partial inspection $40.00

2nd Re-Inspection $55.00

3rd Re-Inspection $100.00

4th and Additional Re-Inspections $200.00

After Hours/Weekend Inspections $50.00 per hour (4 hour minimum)

All construction re-inspection and after hours/weekend inspections fees shall be paid prior to inspection being conducted.

MISCELLANEOUS/SPECIAL USE PERMIT FEES FEES

The following permit fees are for miscellaneous services and/or use permits. The handling of materials and/or hazardous operations not specified by name or category shall include all operations and/or materials listed in Table 1.12.19 (a) in the National Fire Protection Association (NFPA) 1 and shall be assessed a fee of $50.00 per operation and/or

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 5 of 8 material storage/handling. If more than three operations/uses are performed at the occupancy, the maximum fee shall be $150.00.

Amusement Parks (Includes fairs, carnivals, and festivals) $100.00

Exhibit and Trade Shows $100.00

Tents (Over 900 SF) or Membrane Structures $35.00

Burn Permits—Open Burning Permit $100.00 each for rural or commercial land clearing

Burn Permits—Special No charge for campfires and bonfires

Residential Alarm Registration $15.00 per system

Wells or Tanks $35.00

Fireworks: Public Displays $100.00

Fireworks or Sparkler Sales $100.00

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 6 of 8

Multi-use permits any combination (three or more uses) $200.00

ANNUAL FIRE SAFETY INSPECTIONS or BUSINESS TAX RECEIPT INSPECTIONS

Annual Fire Safety Inspection (up to 5,000 sq. ft.) $50.00

Each additional 5,000 sq. ft. $25.00

Residential Daycares/ALF/AFCH/Group Homes $50.00

Residential Foster Homes $35.00

Residential Home Office $25.00

REINSPECTION FEES

1st Re-Inspection $40.00

2nd Re-Inspection $70.00

3rd Re-Inspection $120.00

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 7 of 8

4th and Additional Re-Inspections $250.00

SYSTEMS TESTING AND INSPECTIONS DUE TO FEES MALFUNCTIONS AND/OR REPAIRS/MISC.

Fire Sprinkler Systems/Hydrostatic Test (up to 10,000 sq. $45.00 ft.)

Fire Sprinkler Systems/Hydrostatic Test (over 10,000 sq. ft.) $75.00

Fire Alarm Systems (up to 10,000 sq. ft.) $35.00

Fire Alarm Systems (over 10,000 sq. ft.) $50.00

Cooking Hood/Paint Booth Fire Protection System $30.00

Ventilation Systems/Cooking/Paint Booths $50.00

Emergency Generator Test $25.00

City of Deltona, Florida Resolution No. 2019-52 – Attachment A Page 8 of 8

Fire Hydrant Flow Test $35.00

Fire Hydrant Flow Test (Requested for Hydraulic $25.00 per hydrant Calculations)

Fire Pump Test $50.00

Fire Watch Fee (Utilizing a Firefighter for fire watch) $50.00/hour per firefighter; minimum two hours per firefighter

2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: H.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 10 - H

SUBJECT: Request approval of Resolution No. 2019-50 to amend the Schedule of Fees for Land Development and Zoning Department effective January 1, 2020 - Ron Paradise, Director of Planning and Development Services, (386) 878-8610, and Camille Hooper, Finance Director, (386) 878-8552.

LOCATION: Citywide

BACKGROUND: Article VIII, s.2(b) of the State Constitution authorizes the City to perform municipal functions and render municipal services. Ordinance No. 28-2005, adopted May 16, 2005, further authorizes the City to charge application and permitting fees for Zoning and Land Development to defray the cost of providing these services to the public. The City’s Zoning and Land Development Fee Schedule was most recently amended on October 18, 2010. During workshops held in May 2019 as part of the City’s budget process, the Commission discussed the City’s fee schedules, including the Schedule of Fees for Zoning and Land Development.

Resolution 2019-50 amends the Schedule of Fees for Zoning and Land Development and Zoning, as presented in Resolution Attachment A, effective January 1, 2020.

COST: Fee increases are projected to generate approximately $65,000 in FY 2019-20

SOURCE OF FUNDS: General Fund, 001-001157-329010, 329040, 329130, 329140, 329160

ORIGINATING DEPARTMENTS: Planning and Development Services, Finance

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: H.

STAFF RECOMMENDATION PRESENTED BY: Ron Paradise, Director, Planning and Development Services; - That the Commission Staff recommends approval of Resolution No. 2019-50 to amend the Schedule of Fees for Zoning and Land Development Services, as detailed in Resolution Attachment A, effective January 1, 2020.

POTENTIAL MOTION: “I move to approve Resolution No. 2019-50 to amend the Schedule of Fees for Zoning and Land Development Services as presented effective January 1, 2020. Upon approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™ RESOLUTION NO. 2019-50

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; AMENDING THE ADOPTED FEE SCHEDULES FOR ZONING AND LAND DEVELOPMENT SERVICES TO REVISE CERTAIN FEES; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Section 74-6 of Appendix A of the City’s Land Development Code, provides for a schedule of fees in order to defray the costs of inspection and enforcement of certain permits related to zoning, land development, and to adequately address the cost of providing such services to the public; and

WHEREAS, the City Commission most recently amended the Schedule of Fees for

Zoning and Land Development when it adopted Resolution No. 2010-34 on October 4, 2010; and

WHEREAS, the City Commission conducted workshops on Monday, May 13, 2019, and

Thursday, May 16, 2019, in which it reviewed recommended revisions to the adopted Schedule of Fees.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE

CITY OF DELTONA, FLORIDA, as follows:

Section 1. The City Commission hereby adopts the amendments to the Schedule of

Fees for Zoning and Land Development Services as listed in Attachment A to this Resolution.

Section 2. Application fees shall be paid at time of application.

Section 3. The amended fees listed in Attachment A shall become effective on

January 1, 2020, and shall apply to all applications made for related permits on or after January

1, 2020.

City of Deltona, Florida Resolution No. 2019-50 Page 2 of 2

Section 4. All resolutions or part of resolutions in conflict herewith be and the same are

hereby repealed.

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF

DELTONA, FLORIDA, THIS ______DAY OF ______, 2019.

BY: ______HEIDI K. HERZBERG, Mayor

ATTEST:

______JOYCE RAFTERY, City Clerk

Approved as to form and legality for use and reliance of the City of Deltona, Florida:

______CITY ATTORNEY

Resolution 2019-50 ATTACHMENT A Amendments to Schedule of Fees for Zoning and Land Development

Development Services Project Review:

LDR Land Development Review (includes engineering review and up to four (4) inspections):

Single Family Residence (SFR) $325.00 plus consulting fees.

Within an engineered subdivision prior to 1995 $325.00 plus consulting fees.

Within an engineered subdivision after 1995 $160.00 plus consulting fees.

BFE Review of engineering study requesting amended Base Flood $25.00 $50.00 plus Elevation consulting fees.

FPM City engineering study to resolve Base Flood Elevation/Closed $250.00 $500.00 plus Basin disputes consulting fees.

Change of Grade for sites that are not subject to subdivision or site plan review within two (2) years of development order:

DO Development Order for lots two (2) acres or less $100.00 $200.00 plus consulting fees. City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 2 of 10

Development Order for lots more than two (2) acres $25.00 $50.00 per acre up to $250.00 $500.00 plus consulting fees and other required review costs.

DOE Development Order Extensions $300.00 plus consulting fees.

DOM Development Order Modifications $300.00 plus consulting fees.

DSA Appeals: Technical and Procedural $100.00 $500.00 plus consulting fees.

Site Plan Review:

CON Conceptual Site Plan $300.00 plus consulting fees.

FSP Final Site Plan: Commercial and Multi-Family $500.00 $1,000.00 plus consulting fees.

Subdivision Review:

SKP Sketch Plan $150.00 plus consulting

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 3 of 10

fees.

ODP Overall Development Plan $300.00 plus consulting fees.

PP Preliminary Plat $500.00 $1,000.00 plus consulting fees.

FP Final Plat $250.00 $500.00 plus consulting fees.

DSR Each re-submittal after the first second DRC re-submittal review $50.00 $100.00 plus consulting fees.

PRE Second and subsequent Pre-application Meeting $150.00 plus consulting fees.

LEV Lot Elevation Variances $150.00 plus consulting fees.

Lot Elevation Variances after commencement of work $300.00 plus consulting fees.

CC Certificate of Concurrency $300.00 plus consulting fees.

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 4 of 10

EZ Easement and Right-of-Way Vacation $250.00 $400.00 plus consulting fees.

CL Combination of Lots $100.00 plus consulting fees.

MOD LDC Modification Request $150.00 plus consulting fees.

Subdivision Exemption $200.00

ZON Zoning and Land Use Designation Letter $50.00

Development Services Permits

TR Tree Removal Permit (includes two (2) inspections): $250.00 plus consulting fees. (this is a permit fee and is exclusive of any fees owed to the City Tree Replacement Fund at $18.04 $48.00 of CSSI).

TRCC Certificate of Compliance for Tree Removal Permit $36.00

MOD Model Sales Center $150.00 plus consulting and other required review fees on un-platted

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 5 of 10

property and unrecorded subdivisions.

Pre-Construction Meetings:

No fee for the first meeting, additional meetings $300.00 each plus consulting fees.

WET Wetland Alteration Permit $100.00 $200.00 plus consulting fees and 1:1 mitigation rate of $1 & $1 times mitigation for anything more than 1:1.

SGN Temporary Sign Permit $50.00

SGNR Annual Sign Renewal Permit $30.00

SE Special Event Permit $50.00

Inspections and Re-inspections (any additional inspections not already permitted under this fee schedule):

ZI Zoning $30.00

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 6 of 10

SI Sign $30.00

EI Environmental $30.00

Resolutions and Ordinances:

ANX Annexations: $100.00 $750.00

CU Conditional Use $250.00 $300.00 plus consulting fees.

ZV Zoning Variance $75.00, Expedited Variance $250.00 $400.00

CR Commercial Non-Residential Rezoning $500.00 $900.00plus consulting fees.

RR Residential Rezoning $400.00 $800.00 plus consulting fees.

Future Land Use Map and Text Amendments:

SCPA Small Scale Map Amendments $1,000.00 $2,500.00 plus consulting fees

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 7 of 10

LCPA Large Scale Map Amendments $2,000.00 $3,000.00 plus consulting fees

DRI Development of Regional Impact (DRI) $10,000.00 plus consulting fees.

TXT LDC, Zoning or Comprehensive Plan Text Amendments $1,000.00 $3,000.00 plus consulting fees.

Planned Unit Developments:

PUD Residential, Mixed and Business Planned Unit $2,000.00 $3,500.00 plus Developments (Including Major Amendments*) consulting fees

Amendments to PUD requiring no public hearings (Minor $300.00 plus consulting Amendments*) fees.

DSR Re-submittals after first re-submittal Second and $100.00 each plus subsequent revisions during review process consulting fees.

Escrow Accounts:

TRF Tree Replacement Fund $18.04 $48.00 per CSSI of replacement stock not on site. Consistent with VC rates.

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 8 of 10

Sidewalk Fund:

SF Sidewalk Fund: $12.60 $14.76 per linear ft. new sidewalk installation. 4' wide 4" deep $21.20 $17.96 per linear ft. repair/removal/replacement of existing sidewalk.

4' wide 6" deep $14.60 $16.92 per linear ft. new. sidewalk installation

$22.60 $23.72 per linear ft repair/removal/replacement of existing sidewalk.

5' wide 4" deep 13.50 $18.45 per linear ft. new. sidewalk installation

$23.00 $22.45 per linear ft. repair/removal/replacement of existing sidewalk.

5' wide 6" deep $17.50 $21.15 per linear ft. new. sidewalk installation

$29.00 $29.65 per linear ft. repair/removal/replacement of existing sidewalk.

6' wide 4" deep $14.50 $22.14 per linear ft. new. sidewalk installation

$25.00 $26.94 per linear ft. repair/removal/replacement of existing sidewalk.

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 9 of 10

6' wide 6" deep $17.50 $25.38 per linear ft. new sidewalk installation

$30.00 $35.58 per linear ft. repair/removal/replacement of existing sidewalk.

Handicap Ramps (includes $47.50 per linear ft. new restoration) $60.00 per linear ft. for r/r/r of existing ramp.

Bikeway/Trails Fund

Bikeway/Trails Fund: $19.20 per linear ft. new. 8' wide 4" deep $34.20 per linear ft. r/r/r of existing sidewalk.

8' wide 6" deep $23.20 per linear ft. new.

$40.20 per linear ft. r/r/r of existing sidewalk

Copies/Misc

24" × 36" black/white plans $2.00 per page. Public Records Request Fees apply

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 10 of 10

36" × 48" color maps $15.00 each. Public Records Request Fees apply

Benchmark CD $10.00 each. Public Records Request Fees apply

Any recorded CD from GIS $10.00 each. Public Records Request Fees apply

“Minor amendments” not altering the intent and purpose of the approved master development plan or development agreement may be approved by the appropriate enforcement official after departmental review and comment. Examples of minor amendments include de minimis design oriented changes to landscaping, parking, or building elevation. PUD amendments that are determined to be major revisions to the MDP and/or DA will need to be reviewed and processed under section 110-1101 of the Land Development Code. Major amendments can be described as materially altering proposals that involve changes of uses, density/intensity, reconfiguration of lots, etc.” (Land Development Code Section 110-310(k)(5)d.)

Resolution 2019-50 ATTACHMENT A Amendments to Schedule of Fees for Zoning and Land Development

Development Services Project Review:

LDR Land Development Review (includes engineering review and up to four (4) inspections):

BFE Review of engineering study requesting amended Base Flood $50.00 plus consulting Elevation fees.

FPM City engineering study to resolve Base Flood Elevation/Closed $500.00 plus consulting Basin disputes fees.

Change of Grade for sites that are not subject to subdivision or site plan review within two (2) years of development order:

DO Development Order for lots two (2) acres or less $200.00 plus consulting fees.

Development Order for lots more than two (2) acres $50.00 per acre up to $500.00 plus consulting fees and other required review costs.

DOE Development Order Extensions $300.00 plus consulting fees.

DOM Development Order Modifications $300.00 plus consulting City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 2 of 7

fees.

DSA Appeals: Technical and Procedural $500.00 plus consulting fees.

Site Plan Review:

CON Conceptual Site Plan $300.00 plus consulting fees.

FSP Final Site Plan $1,000.00 plus consulting fees.

Subdivision Review:

PP Preliminary Plat $1,000.00 plus consulting fees.

FP Final Plat $500.00 plus consulting fees.

DSR Each submittal after the second DRC review $100.00 plus consulting fees.

CC Certificate of Concurrency $300.00 plus consulting

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 3 of 7

fees.

EZ Easement and Right-of-Way Vacation $400.00 plus consulting fees.

CL Combination of Lots $100.00 plus consulting fees.

Subdivision Exemption $200.00

ZON Zoning and Land Use Designation Letter $50.00

Development Services Permits

TR Tree Removal Permit (includes two (2) inspections): $250.00 plus consulting fees. (this is a permit fee and is exclusive of any fees owed to the City Tree Replacement Fund at $48.00 of CSSI).

WET Wetland Alteration Permit $200.00 plus consulting fees and 1:1 mitigation rate of $1 & $1 times mitigation for anything more than 1:1.

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 4 of 7

Resolutions and Ordinances:

ANX Annexations: $750.00

CU Conditional Use $300.00 plus consulting fees.

ZV Zoning Variance $400.00

CR Non-Residential Rezoning $900.00 plus consulting fees.

RR Residential Rezoning $800.00 plus consulting fees.

Future Land Use Map and Text Amendments:

SCPA Small Scale Map Amendments $2,500.00 plus consulting fees

LCPA Large Scale Map Amendments $3,000.00 plus consulting fees

DRI Development of Regional Impact (DRI) $10,000.00 plus consulting fees.

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 5 of 7

TXT LDC, Zoning or Comprehensive Plan Text Amendments $3,000.00 plus consulting fees.

Planned Unit Developments:

PUD Planned Unit Developments (Including Major $3,500.00 plus consulting Amendments*) fees

Amendments to PUD requiring no public hearings $300.00 plus consulting (Minor Amendments*) fees.

DSR Second and subsequent revisions during review process $100.00 each plus consulting fees.

Escrow Accounts:

TRF Tree Replacement $48.00 per CSSI of replacement stock not on site. Consistent Fund with VC rates.

Sidewalk Fund:

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 6 of 7

SF 4' wide 4" deep $14.76 per linear ft. new sidewalk installation.

$17.96 per linear ft. repair/removal/replacement of existing sidewalk.

4' wide 6" deep $16.92 per linear ft. new sidewalk installation

$23.72 per linear ft repair/removal/replacement of existing sidewalk.

5' wide 4" deep $18.45 per linear ft. new sidewalk installation

$22.45 per linear ft. repair/removal/replacement of existing sidewalk.

5' wide 6" deep $21.15 per linear ft. new sidewalk installation

$29.65 per linear ft. repair/removal/replacement of existing sidewalk.

6' wide 4" deep $22.14 per linear ft. new sidewalk installation

$26.94 per linear ft. repair/removal/replacement of existing sidewalk.

City of Deltona, Florida Resolution No. 2019-50 – Attachment A Page 7 of 7

6' wide 6" deep $25.38 per linear ft. new sidewalk installation

$35.58 per linear ft. repair/removal/replacement of existing sidewalk.

2345 Providence Blvd. City of Deltona Deltona, FL 32725

Agenda Memo

AGENDA ITEM: I.

TO: Mayor and Commission AGENDA DATE: 10/21/2019

FROM: Jane K. Shang, City Manager AGENDA ITEM: 10 - I

SUBJECT: Request approval of Resolution No. 2019-55 to amend the Schedule of Fees for Engineering Services effective January 1, 2020 - Phyllis Wallace, Deputy Public Works Director, (386) 878-8965, and Camille Hooper, Finance Director, (386) 878-8552.

LOCATION: Citywide

BACKGROUND: Article VIII, s.2(b) of the State Constitution authorizes the City to perform municipal functions and render municipal services. Resolution 2010-34, adopted October 18, 2010, established application and permitting fees for Engineering Services to defray the cost of providing these services to the public. During workshops held in May 2019 as part of the City’s budget process, the Commission discussed the City’s fee schedules and the need to routinely review fee schedules; recommended amendments to Schedules of Fees for various departments were presented to the Commission during those workshops, but the Schedule of Fees for Engineering Services was not included in the workshop discussions.

COST: Fee increases are projected to generate approximately $40,000 in FY 2019-20

SOURCE OF FUNDS: General Fund, 001-001157-329160

City of Deltona Page 1 of 2 Printed on 10/16/2019 powered by Legistar™ AGENDA ITEM: I.

ORIGINATING DEPARTMENTS: Public Works, Finance

STAFF RECOMMENDATION PRESENTED BY: Phyllis Wallace, Deputy Public Works Director - That the Commission approve Resolution No. 2019- 55 to amend the Schedule of Fees for Zoning and Land Development Services, as detailed in Resolution Attachment A, effective January 1, 2020.

POTENTIAL MOTION: “I move to approve Resolution No. 2019-55 to amend the Schedule of Fees for Engineering Services as presented effective January 1, 2020. Upon approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item.”

City of Deltona Page 2 of 2 Printed on 10/16/2019 powered by Legistar™ RESOLUTION NO. 2019-55

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELTONA, FLORIDA; AMENDING THE ADOPTED FEE SCHEDULES FOR ENGINEERING SERVICES TO REVISE CERTAIN FEES; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Commission adopted Resolution 2010-34 on October 4, 2010, which added fees to defray the costs of administration, inspection, and enforcement of engineering-related permits; and

WHEREAS, staff has reviewed the Schedule of Fees for Engineering Services and recommends changes to certain fees to adequately address current costs of administration, inspection, and enforcement of engineering-related permits, which are presented as Attachment

A to this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE

CITY OF DELTONA, FLORIDA, as follows:

Section 1. The City Commission hereby adopts the amendments to the Schedule of

Fees for Engineering Services as listed in Attachment A to this Resolution.

Section 2. Application fees shall be paid at time of application.

Section 3. The amended fees listed in Attachment A shall become effective on

January 1, 2020, and shall apply to all applications made for related permits on or after January City of Deltona, Florida Resolution No. 2019-55 Page 2 of 2

1, 2020.

Section 4. All resolutions or part of resolutions in conflict herewith be and the same are hereby repealed.

PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF

DELTONA, FLORIDA, THIS ______DAY OF ______, 2019.

BY: ______HEIDI K. HERZBERG, Mayor

ATTEST:

______JOYCE RAFTERY, City Clerk

Approved as to form and legality for use and reliance of the City of Deltona, Florida:

______CITY ATTORNEY

Resolution 2019-55 ATTACHMENT A Amendments to Schedule of Fees for Engineering Services

Engineering Permits:

Site Engineering Permit (includes (1) inspection $300.00 $500.00 per item on permit card)

Site Engineering Permit Extension (90 days $150.00 maximum)

Right-of-Way USE Permit (includes two (2) $125.00 plus consulting fees $250.00 inspections) – Utility Providers ONLY

Right-of-Way USE Permit– Utility Providers $100.00 per location ONLY – Open Cut or Sidewalk Cut

Stormwater Permit $300.00 $400.00 plus consulting fees

All Engineering Inspections and Re-inspections: (any additional inspections not already permitted under this fee schedule) Additional Engineering Inspections outside those approved with above permits

First Reinspection for same item $30.00 $60.00

Second Reinspection for same item $45.00 $80.00 City of Deltona, Florida Resolution No. 2019-55 – Attachment A Page 2 of 2

Third Reinspection for same item $60.00 $120.00

Fourth Reinspection for same item $120.00 $240.00

After Hours & Special Inspections

Special Requested Inspection 8:00 a.m. to 4:00 $50.00 p.m. Monday thru Friday

After Hours Inspection—Weekday 4:30 p.m. to $50.00 per hour 2 hour minimum $100.00 7:30 a.m. Monday to Thursday per hour, 2-hour minimum

After Hours Inspection—Weekend $50.00 per hour 4 hour minimum $200.00 per hour, 4-hour minimum

Work Without Permit Double the amount of all permit fees

Consultant CEI Services $3,000 deposit; will be drawn down monthly to cover related costs and applicant shall always maintain $3,000 balance until project is closed out

All Engineering fees will be administratively adjusted annually to reflect increase in the CPI not to exceed 3% without City Commission authorization.

Resolution 2019-55 ATTACHMENT A Amendments to Schedule of Fees for Engineering Services

Engineering Permits:

Site Engineering Permit (includes (1) $500.00 inspection per item on permit card)

Site Engineering Permit Extension $150.00 (90 days maximum)

Right-of-Way USE Permit (includes $250.00 two (2) inspections) – Utility Providers ONLY

Right-of-Way USE Permit– Utility $100.00 per location Providers ONLY – Open Cut or Sidewalk Cut

Stormwater Permit $400.00

Additional Engineering Inspections outside those approved with above permits

First Reinspection for same item $60.00

Second Reinspection for same item $80.00 City of Deltona, Florida Resolution No. 2019-55 – Attachment A Page 2 of 2

Third Reinspection for same item $120.00

Fourth Reinspection for same item $240.00

After Hours Inspection—Weekday $100.00 per hour, 2-hour minimum 4:30 p.m. to 7:30 a.m. Monday to Thursday

After Hours Inspection—Weekend $200.00 per hour, 4-hour minimum

Work Without Permit Double the amount of all permit fees

Consultant CEI Services $3,000 deposit; will be drawn down monthly to cover related costs and applicant shall always maintain $3,000 balance until project is closed out

All Engineering fees will be administratively adjusted annually to reflect increase in the CPI not to exceed 3% without City Commission authorization.