amended agenda - mccmeetings.blob.core.usgovcloudapi.net€¦ · consent agenda to the october 2,...

Regular City Council Meeting 10/02/2019 of 75

REGULAR CITY COUNCIL MEETING

October 02, 2019 at 6:30 PM

City Council Chambers, 16 Colomba Rd.

DeBary, Florida 32713

AMENDED AGENDA

CALL TO ORDER

Invocation

Flag Salute

ROLL CALL

COMMITTEE REPORTS

A. Volusia Growth Management Commission Update, Sid Vihlen, Jr.

PUBLIC PARTICIPATION: For any items NOT ON THE AGENDA, citizen comments are limited to three (3) minutes per speaker. For items ON THE AGENDA, citizen comments are limited to five (5) minutes per speaker. Speakers will be called when the item is introduced for discussion.

APPROVAL OF MINUTES

1. City Council Meeting September 18, 2019.

2. Special City Council Meeting September 25, 2019

ADDITIONS, DELETIONS OR AMENDMENTS TO THE AGENDA

PRESENTATIONS

A. Be Floridian Now, Megan Martin, Be Floridian Now Coordinator, Environmental Management Division, Volusia County

CONSENT AGENDA

3. Requesting the City Council to approve the Engagement Letter with BMC CPAs to

conduct the annual audits for fiscal years ended September 30, 2019 and 2020.

4. Approval of Annual Contract for Animal Sheltering Services by Halifax Humane Society.

5. Approval of Annual Contract for Animal Sheltering Services by Southeast Volusia Humane Society, Inc.

6. Approve renewal of Team Volusia contract for fiscal year 2019/2020.

PUBLIC HEARINGS

7. Staff is requesting approval of the second reading of Ordinance #03-19 amending the

City's 2019 Five-Year Capital Improvement Program (CIP).

GROWTH MANAGEMENT AND DEVELOPMENT

OLD BUSINESS

Regular City Council Meeting 10/02/2019 of 75

NEW BUSINESS

INFORMATIONAL ITEMS

COUNCIL MEMBER REPORTS / COMMUNICATIONS

Board/Committee Appointments

8. Historic Preservation Advisory Board Appointment - Jennifer Eve

Member Reports/ Communications

A. Mayor and Council Members

B. City Manager

C. City Attorney

DATE OF UPCOMING MEETING / WORKSHOP

- Special City Council Meeting October 16, 2019, 6:30 p.m.

- Regular City Council Meeting November 6, 2019, 6:30 p.m.

ADJOURN

If any person decides to appeal any decision made by the City Council 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

(FS 286.0105).

Individuals with disabilities needing assistance to participate in any of these proceedings should

contact the City Clerk at least three (3) working days in advance of the meeting date and time at

(386) 668-2040.

Special City Council Meeting 09/18/2019 Page 1 of 3

SPECIAL CITY COUNCIL MEETING

September 18, 2019 at 6:30 PM



MINUTES

CALL TO ORDER

Invocation

Flag Salute

ROLL CALL: Mayor Chasez, Vice-Mayor Benfield, and Council Members Bacon, Butlien and Stevenson are present.

Others present: Carmen Rosamonda, City Manager; Kurt Ardaman, City Attorney; Elizabeth Bauer, Finance Director; Matt Boerger, Growth Management Director; John Fletcher, Parks & Recreation Director; David Hamstra, Stormwater Engineer; Roger Van Auker, TOD Director; Alan Williamson, Public Works Director; David Rodriguez, Help Desk Technician; and Annette Hatch, City Clerk. Mayor Chasez announced that on the advisement of the City Attorney and based on Florida Statutes, hearings on the proposed millage and proposed budget are required to be heard prior to any other items of substance on the agenda. The Mayor then moved Item 10, the Proposed Millage Rate, and Item 11, the Proposed Operating Budget, to the start of the meeting. PUBLIC HEARINGS

Adoption of the Tentative Millage Rate for the Levy of Ad Valorem Tax for Fiscal Year 2019-20.

Gary Crews, Alan Goulet, Carol Essrick, Ashley Howart, Kirt Cossart, Faye Brandani, Bret Douglas, Rich Gailey, and Danny Allen addressed the Council.

Motion by Council Member Bacon to approve Resolution No. 2019-16, adopting the tentative 3.5000 millage, also stated as $3.5000 per thousand dollars of assessed property value. Seconded by Council Member Butlien. Motion passed 4-1 (Vice-Mayor Benfield; nay).

Adoption of the Tentative Annual Operating Budget for Fiscal Year 2019-2010.

Motion by Council Member Butlien to adopt Resolution No. 2019-17, adopting the tentative annual operating budget. Seconded by Council Member Stevenson. Motion passed unanimously.

Mayor Chasez called a recess at 8:34 p.m. The meeting reconvened at 8:45 p.m.

COMMITTEE REPORTS: None.


PUBLIC PARTICIPATION: For any items NOT ON THE AGENDA, citizen comments are limited to three (3) minutes per speaker. For items ON THE AGENDA, citizen comments are limited to five (5) minutes per speaker. Speakers will be called when the item is introduced for discussion.

Roger Van Auker addressed the Council and introduced Don and Stacy Stoner of Runners High and Race Management, and Stacy Flynn and Danny Ron with the West Volusia Runners. They discussed the Central Florida Legends Marathon, Half Marathon and 5K event that is being held at Gemini Springs on November 24, 2019.

APPROVAL OF MINUTES

Special City Council Meeting July 24, 2019

City Council Workshop August 7, 2019

Regular City Council Meeting August 7, 2019

Special City Council Meeting August 21, 2019

Motion by Council Member Stevenson to approved the minutes. Seconded by Vice-Mayor Benfield. Motion passed unanimously.

ADDITIONS, DELETIONS OR AMENDMENTS TO THE AGENDA:

The City Manager requested Council consideration to postpone Item No. 8 on the Consent Agenda to a date certain. Motion by Council Member Stevenson to postpone Item No. 8 on the Consent Agenda to the October 2, 2019, City Council Meeting. Seconded by Council Member Bacon. Motion passed unanimously.

PRESENTATIONS: Mayor Chasez read the following proclamations into the record:

Proclamation declaring the week of September 17 through 23 Constitution Week.

Proclamation declaring the month of September Chiari Malformation Month.

CONSENT AGENDA

Request City Council affirm Resolution No. 2019-20 Declaration of State of General Emergency due to Hurricane Dorian.

Request City Council approve entering into a cooperative purchasing professional services agreement with Thompson Consulting Services LLC for debris management services as described in Volusia County Contract No. 15-P-54JD.

Approve Volusia County Municipal Interlocal Agreement.

Motion by Council Member Stevenson to approve the Consent Agenda. Seconded by Vice-Mayor Benfield. Motion passed unanimously.

Approval of Annual Contract for Animal Sheltering Services by Halifax Humane Society. This item was removed from the Consent Agenda.

PUBLIC HEARINGS

Request City Council approval of the first reading of Ordinance 11-19 to approve a major amendment to the Crossing on Enterprise, Business Planned Unit Development (BPUD).

Motion by Council Member Butlien to approve the first reading of Ordinance No. 11-19. Seconded by Vice-Mayor Benfield. Motion passed unanimously.


Adoption of the Tentative Millage Rate for the Levy of Ad Valorem Tax for Fiscal Year 2019-20. This item was heard at the start of the meeting.

Adoption of the Tentative Annual Operating Budget for Fiscal Year 2019-2010. This item was heard at the start of the meeting.

GROWTH MANAGEMENT AND DEVELOPMENT: None.

OLD BUSINESS: None.

NEW BUSINESS: None.

INFORMATIONAL ITEMS: None.


Board/Committee Appointments



B. City Manager

C. City Attorney


A. Special City Council Meeting September 25, 2019, 6:30 p.m.

B. Regular City Council Meeting October 2, 2019, 6:30 p.m.

ADJOURN: The meeting was adjourned at 9:27 p.m.

CITY COUNCIL

ATTEST: CITY OF DEBARY, FLORIDA

___________________________________ ___________________________________

Annette Hatch, City Clerk Karen Chasez, Mayor


SPECIAL CITY COUNCIL MEETING

September 25, 2019 at 6:30 PM



MINUTES

CALL TO ORDER

Invocation

Flag Salute

ROLL CALL: Mayor Chasez, Vice-Mayor Benfield, and Council Members Bacon, Butlien and Stevenson are present.

Others present: Carmen Rosamonda, City Manager; Kurt Ardaman, City Attorney; Elizabeth Bauer, Finance Director; Matt Boerger, Growth Management Director; Eric Frankton, IT Director; David Hamstra, Stormwater Engineer; Roger Van Auker, TOD Director; and Annette Hatch, City Clerk.

PUBLIC HEARINGS

Adoption Resolution 2019-18 for the Final Millage Rate for the Levy of Ad Valorem Tax for Fiscal Year 2019-2020.

The City Attorney read the Resolution into the record.

Carol Essrick, Joseph DelRocco, Morton Culligan, Gary Crews, William Sell, Alan Goulet, and

Faye Brandani addressed the Council.

Vice-Mayor Benfield distributed a copy of a report from the Volusia County Property Appraiser

showing the taxable values of commercial properties in the City of DeBary and the effect raising

the millage will have on their taxes, a copy of which is attached to these minutes.

Motion by Council Member Butlien to adopt Resolution No. 2019-18, setting the final ad

valorem millage rate for the fiscal year 2019-2020 at 3.5000. Seconded by Council Member

Bacon. Motion passed 4-1 (Vice-Mayor Benfield nay).

Adoption of Resolution No. 2019-19 for the Final Annual Operating Budget for Fiscal Year 2019-2020.

The City Attorney read the Resolution into the record.

Joseph DelRocco, Morton Culligan and Norm Erickson addressed the Council.

Motion by Council Member Butlien to adopt Resolution No. 2019-19, setting the final annual operating budget for fiscal year 2019-2020. Seconded by Council Member Bacon. Motion passed unanimously.

Mayor Chasez called a recess at 8:20 p.m. The meeting was reconvened at 8:30 p.m.


PUBLIC PARTICIPATION: For any items ON THE AGENDA, citizen comments are limited to five (5) minutes per speaker. Speakers will be called when the item is introduced for discussion.

ADDITIONS, DELETIONS OR AMENDMENTS TO THE AGENDA: None.

NEW BUSINESS

City Manager is requesting the Mayor and City Council to authorize the City Attorney and City Manager to approve Task Order No. 2015-41 with Pegasus Engineering, LLC in order to perform General Stormwater Engineering Services, in an amount not-to-exceed $35,000.00. This fee includes miscellaneous subconsultant services (e.g., survey, traffic engineering, appraisals, etc.).

Morton Culligan addressed the Council.

Motion by Council Member Bacon to approve Task Order No. 2015-41 for Pegasus Engineering in an amount not-to-exceed $35,000. Seconded by Council Member Stevenson. Motion passed unanimously.




B. City Manager

C. City Attorney


- Regular City Council Meeting October 2, 2019, 6:30 p.m.

ADJOURN: The meeting was adjourned at 8:53 p.m.

CITY COUNCIL

ATTEST: CITY OF DEBARY, FLORIDA

___________________________________ ___________________________________

Annette Hatch, City Clerk Karen Chasez, Mayor

CITY OF DEBARY - COMMERCIAL PROPERTIES I

2018 CITY TAXABLE VALUES • 2019 CITY TAXABLE VALUES P mill rates: ° 2.6323 3.5000

Diff in Tax % Chg in Txbl % chg in mill 33.0%

% Chg in Tax TA): JTELAI.12 KEY 13Ei101.)(B1 TAXDISTI ALT KEY! PC 2019 CI TXBL Diff in Txbl 2018 tax 2019 est tax 015 4928227 4800 452,163 015 4928227 4800 825,750 373,587 $1,190.23 $2,890.13 $1,699.90 82.6% 142.8% 015 7802279 1600 1,545,232 015 7802279 1600 2,134,134 588,902 $4,067.51 $7,469.47 $3,401.96 38.1% 83.6% 015 6000662 1900 229,438 015 6000662 1900 303,419 73,981 $603.95 $1,061.97 $458.02 32.2% 75.8% 015 6809089 4800 301,408 015 6809089 4800 394,328 92,920 $793.40 $1,380.15 $586.75 30.8% 74.0% 015 6571821 4800 371,862 015 6571821 4800 484,668 112,806 $978.85 $1,696.34 $717.49 30.3% 73.3% 015 6618143 4800 716,010 015 6618143 4800 930,056 214,046 $1,884.75 $3,255.20 $1,370.45 29.9% 72.7% 015 2431598 2700 59,458 015 2431598 2700 70,555 11,097 $156.51 $246.94 $90.43 18.7% 57.8% 015 2412054 1700 224,244 015 2412054 1700 255,565 31,321 $590.28 $894.48 $304.20 14.0% 51.5% 015 6450102 1600 532,400 015 6450102 1600 588,265 55,865 $1,401.44 $2,058.93 $657.49 10.5% 46.9% 015 7802287 1400 3,961,116 015 7802287 1400 4,368,707 407,591 $10,426.85 $15,290.47 $4,863.62 10.3% 46.6% 015 6769133 4800 63,797 015 6769133 4800 70,177 6,380 $167.93 $245.62 $77.69 10.0% 46.3% 015 6000808 1700 228,448 015 6000808 1700 251,293 22,845 $601.34 $879.53 $278.19 10.0% 46.3% 015 2436522 1200 210,597 015 2436522 1200 231,657 21,060 $554.35 $810.80 $256.45 10.0% 46.3% 015 6618135 4800 451,926 015 6618135 4800 497,119 45,193 $1,189.60 $1,739.92 $550.32 10.0% 46.3% 015 6000719 1700 229,257 015 6000719 1700 252,183 22,926 $603.47 $882.64 $279.17 10.0% 46.3% 015 6000671 1700 208,727 015 6000671 1700 229,600 20,873 $549.43 $803.60 $254.17 10.0% 46.3% 015 6000841 1700 214,517 015 6000841 1700 235,969 21,452 $564.67 $825.89 $261.22 10.0% 46.3% 015 6098336 4800 363,452 015 6098336 4800 399,797 36,345 $956.71 $1,399.29 $442.58 10.0% 46.3% 015 6000824 1700 229,496 015 6000824 1700 252,446 22,950 $604.10 $883.56 $279.46 10.0% 46.3% 015 6098310 4800 178,852 015 6098310 4800 196,737 17,885 $470.79 $688.58 $217.79 10.0% 46.3% 015 6098387 4800 1,038,557 015 6098387 4800 1,142,413 103,856 $2,733.79 $3,998.45 $1,264.66 10.0% 46.3% 015 6571813 4800 239,640 015 6571813 4800 263,604 23,964 $630.80 $922.61 $291.81 10.0% 46.3% 015 6000905 1700 212,768 015 6000905 1700 234,045 21,277 $560.07 $819.16 $259.09 10.0% 46.3% 015 6000727 1700 228,971 015 6000727 1700 251,868 22,897 $602.72 $881.54 $278.82 10.0% 46.3% 015 6618127 4800 309,574 015 6618127 4800 340,531 30,957 $814.89 $1,191.86 $376.97 10.0% 46.3% 015 6000883 1700 235,566 015 6000883 1700 259,123 23,557 $620.08 $906.93 $286.85 10.0% 46.3% 015 6618151 4800 514,239 015 6618151 4800 565,663 51,424 $1,353.63 $1,979.82 $626.19 10.0% 46.3% 015 6809097 4800 274,871 015 6809097 4800 302,358 27,487 $723.54 $1,058.25 $334.71 10.0% 46.3% 015 4844074 1100 258,363 015 4844074 1100 284,199 25,836 $680.09 $994.70 $314.61 10.0% 46.3% 015 6809101 4800 255,366 015 6809101 4800 280,903 25,537 $672.20 $983.16 $310.96 10.0% 46.3% 015 6098450 2500 500,975 015 6098450 2500 551,073 50,098 $1,318.72 $1,928.76 $610.04 10.0% 46.3% 015 6000689 1700 449,469 015 6000689 1700 494,416 44,947 $1,183.14 $1,730.46 $547.32 10.0% 46.3% 015 2399562 2800 5,063,229 015 2399562 2800 5,569,552 506,323 $13,327.94 $19,493.43 $6,165.49 10.0% 46.3% 015 2399741 2800 5,867,024 015 2399741 2800 6,453,726 586,702 $15,443.77 $22,588.04 $7,144.27 10.0% 46.3% 015 6571848 4800 322,288 015 6571848 4800 354,517 32,229 $848.36 $1,240.81 $392.45 10.0% 46.3% 015 2465298 4100 739,790 015 2465298 4100 813,769 73,979 $1,947.35 $2,848.19 $900.84 10.0% 46.3% 015 6098433 4800 410,848 015 6098433 4800 451,933 41,085 $1,081.48 $1,581.77 $500.29 10.0% 46.3% 015 6000735 1700 208,672 015 6000735 1700 229,539 20,867 $549.29 $803.39 $254.10 10.0% 46.3%

015 6000778 1700 225,328 015 6000778 1700 247,861 22,533 $593.13 $867.51 $274.38 10.0% 46.3%

015 6809062 4800 381,640 015 6809062 4800 419,804 38,164 $1,004.59 $1,469.31 $464.72 10.0% 46.3% 015 6571830 4800 331,907 015 6571830 4800 365,098 33,191 $873.68 $1,277.84 $404.16 10.0% 46.3%

015 6809071 4800 339,858 015 6809071 4800 373,844 33,986 $894.61 $1,308.45 $413.84 10.0% 46.3%

015 6571856 4800 430,086 015 6571856 4800 473,095 43,009 $1,132.12 $1,655.83 $523.71 10.0% 46.3%

015 6000620 1700 216,292 015 6000620 1700 237,921 21,629 $569.35 $832.72 $263.37 10.0% 46.3% 015 2465379 4100 70,349 015 2465379 4100 77,384 7,035 $185.18 $270.84 $85.66 10.0% 46.3% 015 6098255 4100 677,625 015 6098255 4100 743,078 65,453 $1,783.71 $2,600.77 $817.06 9.7% 45.8%

015 6098247 4200 1,127,810 015 6098247 4200 1,235,426 107,616 $2,968.73 $4,323.99 $1,355.26 9.5% 45.7%

015 6098417 4800 3,404,631 015 6098417 4800 3,728,548 323,917 $8,962.01 $13,049.92 $4,087.91 9.5% 45.6% 015 6098395 4800 1,436,838 015 6098395 4800 1,571,868 135,030 $3,782.19 $5,501.54 $1,719.35 9.4% 45.5% 015 6098379 4800 382,479 015 6098379 4800 418,320 35,841 $1,006.80 $1,464.12 $457.32 9.4% 45.4% 015 6098301 1700 298,966 015 6098301 1700 326,881 27,915 $786.97 $1,144.08 $357.11 9.3% 45.4% 015 2468840 1700 1,827,187 015 2468840 1700 1,988,707 161,520 $4,809.70 $6,960.47 $2,150.77 8.8% 44.7% 015 6098328 4800 160,008 015 6098328 4800 174,121 14,113 $421.19 $609.42 $188.23 8.8% 44.7% 015 6098425 4800 1,469,257 015 6098425 4800 1,592,164 122,907 $3,867.53 $5,572.57 $1,705.04 8.4% 44.1% 015 4719326 1700 671,115 015 4719326 1700 723,388 52,273 $1,766.58 $2,531.86 $765.28 7.8% 43.3% 015 5481344 4800 846,888 015 5481344 4800 912,720 65,832 $2,229.26 $3,194.52 $965.26 7.8% 43.3% 015 2413581 4200 2,006,686 015 2413581 4200 2,161,503 154,817 $5,282.20 $7,565.26 $2,283.06 7.7% 43.2% 015 6098204 4800 611,829 015 6098204 4800 657,720 45,891 $1,610.52 $2,302.02 $691.50 7.5% 42.9% 015 6098280 4800 358,766 015 6098280 4800 385,613 26,847 $944.38 $1,349.65 $405.27 7.5% 42.9% 015 6299889 1700 550,279 015 6299889 1700 590,739 40,460 $1,448.50 $2,067.59 $619.09 7.4% 42.7% 015 2412291 1900 74,016 015 2412291 1900 79,314 5,298 $194.83 $277.60 $82.77 7.2% 42.5% 015 2409134 1700 352,276 015 2409134 1700 376,733 24,457 $927.30 $1,318.57 $391.27 6.9% 42.2% 015 5777162 1700 547,941 015 5777162 1700 585,604 37,663 $1,442.35 $2,049.61 $607.26 6.9% 42.1% 015 2465352 4800 97,604 015 2465352 4800 104,290 6,686 $256.92 $365.02 $108.10 6.9% 42.1% 015 2409282 1100 506,559 015 2409282 1100 540,144 33,585 $1,333.42 $1,890.50 $557.08 6.6% 41.8% 015 4664262 4800 2,703,717 015 4664262 4800 2,867,670 163,953 $7,116.99 $10,036.85 $2,919.86 6.1% 41.0% 015 4625020 1700 329,717 015 4625020 1700 348,983 19,266 $867.91 $1,221.44 $353.53 5.8% 40.7% 015 4585508 4800 1,720,481 015 4585508 4800 1,820,243 99,762 $4,528.82 $6,370.85 $1,842.03 5.8% 40.7% 015 2431229 1600 171,836 015 2431229 1600 181,236 9,400 $452.32 $634.33 $182.01 5.5% 40.2% 015 4624422 1900 265,775 015 4624422 1900 279,644 13,869 $699.60 $978.75 $279.15 5.2% 39.9% 015 2409266 1100 274,758 015 2409266 1100 288,745 13,987 $723.25 $1,010.61 $287.36 5.1% 39.7% 015 6769338 4800 101,556 015 6769338 4800 106,694 5,138 $267.33 $373.43 $106.10 5.1% 39.7% 015 4857583 1200 1,005,919 015 4857583 1200 1,055,454 49,535 $2,647.88 $3,694.09 $1,046.21 4.9% 39.5% 015 2460181 1200 25,000 015 2460181 1200 26,165 1,165 $65.81 $91.58 $25.77 4.7% 39.2% 015 4842870 4800 370,735 015 4842870 4800 387,516 16,781 $975.89 $1,356.31 $380.42 4.5% 39.0% 015 4624520 1900 366,281 015 4624520 1900 382,515 16,234 $964.16 $1,338.80 $374.64 4.4% 38.9% 015 6769303 4800 146,218 015 6769303 4800 152,617 6,399 $384.89 $534.16 $149.27 4.4% 38.8% 015 4624546 1700 312,054 015 4624546 1700 325,624 13,570 $821.42 $1,139.68 $318.26 4.3% 38.7% 015 6769214 4800 223,117 015 6769214 4800 232,680 9,563 $587.31 $814.38 $227.07 4.3% 38.7%

015 6769362 4800 123,020 015 6769362 4800 128,234 5,214 $323.83 $448.82 $124.99 4.2% 38.6%

015 6769265 4800 161,983 015 6769265 4800 168,830 6,847 $426.39 $590.91 $164.52 4.2% 38.6%

015 2435259 3300 309,465 015 2435259 3300 322,520 13,055 $814.60 $1,128.82 $314.22 4.2% 38.6%

015 6769371 4800 120,253 015 6769371 4800 125,326 5,073 $316.54 $438.64 $122.10 4.2% 38.6%

015 6769206 4800 123,243 015 6769206 4800 128,396 5,153 $324.41 $449.39 $124.98 4.2% 38.5%

015 6769222 4800 153,217 015 6769222 4800 159,616 6,399 $403.31 $558.66 $155.35 4.2% 38.5%

015 6769231 4800 153,217 015 6769231 4800 159,616 6,399 $403.31 $558.66 $155.35 4.2% 38.5% 015 6769176 4800 107,665 015 6769176 4800 112,147 4,482 $283.41 $392.51 $109.10 4.2% 38.5%

015 4745670 1600 703,324 015 4745670 1600 732,224 28,900 $1,851.36 $2,562.78 $711.42 4.1% 38.4%

015 4625151 1900 295,422 015 4625151 1900 307,467 12,045 $777.64 $1,076.13 $298.49 4.1% 38.4% 015 6769184 4800 109,673 015 6769184 4800 114,133 4,460 $288.69 $399.47 $110.78 4.1% 38.4%

015 6769354 4800 102,878 015 6769354 4800 107,063 4,185 $270.81 $374.72 $103.91 4.1% 38.4% 015 6769273 4800 135,127 015 6769273 4800 140,601 5,474 $355.69 $492.10 $136.41 4.1% 38.4%

015 2465344 4800 94,817 015 2465344 4800 98,645 3,828 $249.59 $345.26 $95.67 4.0% 38.3%

015 6769257 4800 131,799 015 6769257 4800 137,104 5,305 $346.93 $479.86 $132.93 4.0% 38.3%

015 6769311 4800 97,545 015 6769311 4800 101,457 3,912 $256.77 $355.10 $98.33 4.0% 38.3% 015 6769281 4800 126,485 015 6769281 4800 131,518 5,033 $332.95 $460.31 $127.36 4.0% 38.3%

015 6769290 4800 126,485 015 6769290 4800 131,518 5,033 $332.95 $460.31 $127.36 4.0% 38.3% 015 6769249 4800 122,521 015 6769249 4800 127,353 4,832 $322.51 $445.74 $123.23 3.9% 38.2% 015 6769346 4800 88,696 015 6769346 4800 92,155 3,459 $233.47 $322.54 $89.07 3.9% 38.2%

015 6769141 4800 94,039 015 6769141 4800 97,700 3,661 $247.54 $341.95 $94.41 3.9% 38.1% 015 6769150 4800 94,039 015 6769150 4800 97,700 3,661 $247.54 $341.95 $94.41 3.9% 38.1% 015 6769168 4800 94,039 015 6769168 4800 97,700 3,661 $247.54 $341.95 $94.41 3.9% 38.1% 015 6769192 4800 94,039 015 6769192 4800 97,700 3,661 $247.54 $341.95 $94.41 3.9% 38.1% 015 6769320 4800 83,001 015 6769320 4800 86,170 3,169 $218.48 $301.60 $83.12 3.8% 38.0% 015 2459930 2500 243,291 015 2459930 2500 252,552 9,261 $640.41 $883.93 $243.52 3.8% 38.0% 015 2440261 2100 259,065 015 2440261 2100 268,917 9,852 $681.94 $941.21 $259.27 3.8% 38.0% 015 2436336 1900 1,013,670 015 2436336 1900 1,050,942 37,272 $2,668.28 $3,678.30 $1,010.02 3.7% 37.9% 015 2430214 1600 99,385 015 2430214 1600 103,032 3,647 $261.61 $360.61 $99.00 3.7% 37.8% 015 4204563 3300 319,643 015 4204563 3300 330,830 11,187 $841.40 $1,157.91 $316.51 3.5% 37.6% 015 5771989 1800 1,332,150 015 5771989 1800 1,375,615 43,465 $3,506.62 $4,814.65 $1,308.03 3.3% 37.3% 015 2460229 4800 752,167 015 2460229 4800 776,428 24,261 $1,979.93 $2,717.50 $737.57 3.2% 37.3% 015 2407760 1700 254,209 015 2407760 1700 262,406 8,197 $669.15 $918.42 $249.27 3.2% 37.3% 015 2436395 1100 199,648 015 2436395 1100 205,829 6,181 $525.53 $720.40 $194.87 3.1% 37.1% 015 2409291 1800 230,716 015 2409291 1800 237,664 6,948 $607.31 $831.82 $224.51 3.0% 37.0% 015 2435224 1600 173,938 015 2435224 1600 179,050 5,112 $457.86 $626.68 $168.82 2.9% 36.9% 015 2436409 4800 220,947 015 2436409 4800 227,410 6,463 $581.60 $795.94 $214.34 2.9% 36.9% 015 2436361 1700 267,317 015 2436361 1700 275,026 7,709 $703.66 $962.59 $258.93 2.9% 36.8% 015 2402601 1700 470,162 015 2402601 1700 483,406 13,244 $1,237.61 $1,691.92 $454.31 2.8% 36.7% 015 2435526 1100 169,977 015 2435526 1100 174,754 4,777 $447.43 $611.64 $164.21 2.8% 36.7% 015 2429119 1100 174,990 015 2429119 1100 179,878 4,888 $460.63 $629.57 $168.94 2.8% 36.7%

015 2440236 1100 253,078 015 2440236 1100 260,140 7,062 $666.18 $910.49 $244.31 2.8% 36.7%

015 2425351 1700 92,329 015 2425351 1700 94,883 2,554 $243.04 $332.09 $89.05 2.8% 36.6%

015 2436298 1200 45,854 015 2436298 1200 47,118 1,264 $120.70 $164.91 $44.21 2.8% 36.6%

015 2425377 1100 107,291 015 2425377 1100 110,167 2,876 $282.42 $385.58 $103.16 2.7% 36.5%

015 5041841 1900 388,649 015 5041841 1900 398,832 10,183 $1,023.04 $1,395.91 $372.87 2.6% 36.4%

015 2435381 1200 262,027 015 2435381 1200 268,874 6,847 $689.73 $941.06 $251.33 2.6% 36.4%

015 2464224 1700 78,029 015 2464224 1700 80,064 2,035 $205.40 $280.22 $74.82 2.6% 36.4%

015 2409223 1600 3,957,593 015 2409223 1600 4,060,524 102,931 $10,417.57 $14,211.83 $3,794.26 2.6% 36.4%

015 2469226 4100 1,136,104 015 2469226 4100 1,165,489 29,385 $2,990.57 $4,079.21 $1,088.64 2.6% 36.4%

015 2426098 1100 699,196 015 2426098 1100 716,845 17,649 $1,840.49 $2,508.96 $668.47 2.5% 36.3%

015 2436433 1100 663,379 015 2436433 1100 679,774 16,395 $1,746.21 $2,379.21 $633.00 2.5% 36.2%

015 5772098 1700 970,191 015 5772098 1700 993,939 23,748 $2,553.83 $3,478.79 $924.96 2.4% 36.2%

015 2468599 4800 397,471 015 2468599 4800 407,192 9,721 $1,046.26 $1,425.17 $378.91 2.4% 36.2%

015 2436271 1100 107,105 015 2436271 1100 109,723 2,618 $281.93 $384.03 $102.10 2.4% 36.2%

015 2433671 1700 489,081 015 2433671 1700 500,937 11,856 $1,287.41 $1,753.28 $465.87 2.4% 36.2%

015 2465336 4100 365,988 015 2465336 4100 374,777 8,789 $963.39 $1,311.72 $348.33 2.4% 36.2%

015 6619573 4800 162,585 015 6619573 4800 166,428 3,843 $427.97 $582.50 $154.53 2.4% 36.1%

015 2460172 4300 649,826 015 2460172 4300 665,157 15,331 $1,710.54 $2,328.05 $617.51 2.4% 36.1%

015 6619565 4800 160,243 015 6619565 4800 164,018 3,775 $421.81 $574.06 $152.25 2.4% 36.1%

015 6619557 4800 316,732 015 6619557 4800 324,171 7,439 $833.73 $1,134.60 $300.87 2.3% 36.1%

015 6098271 4800 667,945 015 6098271 4800 683,476 15,531 $1,758.23 $2,392.17 $633.94 2.3% 36.1%

015 2468611 1100 175,961 015 2468611 1100 180,051 4,090 $463.18 $630.18 $167.00 2.3% 36.1%

015 2436417 4800 151,848 015 2436417 4800 155,373 3,525 $399.71 $543.81 $144.10 2.3% 36.1%

015 2430206 1200 63,255 015 2430206 1200 64,688 1,433 $166.51 $226.41 $59.90 2.3% 36.0%

015 2425717 1900 141,452 015 2425717 1900 144,643 3,191 $372.34 $506.25 $133.91 2.3% 36.0%

015 5076237 1900 106,469 015 5076237 1900 108,871 2,402 $280.26 $381.05 $100.79 2.3% 36.0%

015 2435534 1900 _ 403,896 015 2435534 1900 412,919 9,023 $1,063.18 $1,445.22 $382.04 2.2% 35.9%

015 5130525 2100 597,867 015 5130525 2100 611,185 13,318 $1,573.77 $2,139.15 $565.38 2.2% 35.9%

015 2425750 1100 395,239 015 2425750 1100 404,011 8,772 $1,040.39 $1,414.04 $373.65 2.2% 35.9%

015 5076229 1900 107,810 015 5076229 1900 110,193 2,383 $283.79 $385.68 $101.89 2.2% 35.9%

015 2425369 1700 101,658 015 2425369 1700 103,897 2,239 $267.59 $363.64 $96.05 2.2% 35.9%

015 2429861 1700 261,055 015 2429861 1700 266,809 5,754 $687.18 $933.83 $246.65 2.2% 35.9%

015 2436514 1200 150,207 015 2436514 1200 153,491 3,284 $395.39 $537.22 $141.83 2.2% 35.9%

015 4840699 1600 1,519,291 015 4840699 1600 1,552,509 33,218 $3,999.23 $5,433.78 $1,434.55 2.2% 35.9%

015 5076253 1900 109,302 015 5076253 1900 111,664 2,362 $287.72 $390.82 $103.10 2.2% 35.8%

015 2468815 4800 155,710 015 2468815 4800 159,062 3,352 $409.88 $556.72 $146.84 2.2% 35.8%

015 2407921 1900 3,565,380 015 2407921 1900 3,641,623 76,243 $9,385.15 $12,745.68 $3,360.53 2.1% 35.8%

015 5076270 1900 110,246 015 5076270 1900 112,595 2,349 $290.20 $394.08 $103.88 2.1% 35.8%

015 5076211 1900 111,183 015 5076211 1900 113,519 2,336 $292.67 $397.32 $104.65 2.1% 35.8%

015 5076202 1900 112,127 015 5076202 1900 114,450 2,323 $295.15 $400.58 $105.43 2.1% 35.7%

015 2409126 1700 200,377 015 2409126 1700 204,296 3,919 $527.45 $715.04 $187.59 2.0% 35.6%

015 2440279 1100 130,715 015 2440279 1100 133,183 2,468 $344.08 $466.14 $122.06 1.9% 35.5%

015 2436468 4800 246,164 015 2436468 4800 250,804 4,640 $647.98 $877.81 $229.83 1.9% 35.5%

015 2468777 2700 219,522 015 2468777 2700 223,642 4,120 $577.85 $782.75 $204.90 1.9% 35.5%

015 5130517 1100 335,625 015 5130517 1100 341,902 6,277 $883.47 $1,196.66 $313.19 1.9% 35.4%

015 2430729 1700 113,928 015 2430729 1700 116,052 2,124 $299.89 $406.18 $106.29 1.9% 35.4%

015 2430737 2700 116,054 015 2430737 2700 118,193 2,139 $305.49 $413.68 $108.19 1.8% 35.4%

015 2436263 1100 210,866 015 2436263 1100 214,665 3,799 $555.06 $751.33 $196.27 1.8% 35.4%

015 2425741 1100 171,199 015 2425741 1100 174,131 2,932 $450.65 $609.46 $158.81 1.7% 35.2%

015 6920117 1100 1,611,021 015 6920117 1100 1,637,529 26,508 $4,240.69 $5,731.35 $1,490.66 1.6% 35.2%

015 5130533 3900 3,415,322 015 5130533 3900 3,470,483 55,161 $8,990.15 $12,146.69 $3,156.54 1.6% 35.1%

015 6920133 1300 871,054 015 6920133 1300 884,577 13,523 $2,292.88 $3,096.02 $803.14 1.6% 35.0%

015 2433493 1100 108,851 015 2433493 1100 110,526 1,675 $286.53 $386.84 $100.31 1.5% 35.0%

015 2436425 4800 171,792 015 2436425 4800 174,396 2,604 $452.21 $610.39 $158.18 1.5% 35.0%

015 2425784 1100 77,163 015 2425784 1100 78,329 1,166 $203.12 $274.15 $71.03 1.5% 35.0%

015 2436379 1700 81,948 015 2436379 1700 83,119 1,171 $215.71 $290.92 $75.21 1.4% 34.9%

015 6024014 4800 1,869,793 015 6024014 4800 1,896,341 26,548 $4,921.86 $6,637.19 $1,715.33 1.4% 34.9%

015 2436531 1200 126,513 015 2436531 1200 128,176 1,663 $333.02 $448.62 $115.60 1.3% 34.7%

015 2425776 2500 61,497 015 2425776 2500 62,306 809 $161.88 $218.07 $56.19 1.3% 34.7%

015 7732947 4100 281,715 015 7732947 4100 285,384 3,669 $741.56 $998.84 $257.28 1.3% 34.7%

015 2430753 1200 53,385 015 2430753 1200 54,074 689 $140.53 $189.26 $48.73 1.3% 34.7%

015 2431041 1200 86,388 015 2431041 1200 87,498 1,110 $227.40 $306.24 $78.84 1.3% 34.7%

015 2425857 1700 148,881 015 2425857 1700 150,577 1,696 $391.90 $527.02 $135.12 1.1% 34.5%

015 2436450 3000 273,925 015 2436450 3000 276,891 2,966 $721.05 $969.12 $248.07 1.1% 34.4%

015 2425768 3300 182,164 015 2425768 3300 184,063 1,899 $479.51 $644.22 $164.71 1.0% 34.3%

015 2435372 2100 173,176 015 2435372 2100 174,966 1,790 $455.85 $612.38 $156.53 1.0% 34.3%

015 2468769 4800 201,501 015 2468769 4800 203,342 1,841 $530.41 $711.70 $181.29 0.9% 34.2%

015 4812504 1700 113,251 015 4812504 1700 114,250 999 $298.11 $399.88 $101.77 0.9% 34.1%

015 2468971 1200 277,293 015 2468971 1200 279,488 2,195 $729.92 $978.21 $248.29 0.8% 34.0%

015 2465271 1100 412,723 015 2465271 1100 415,988 3,265 $1,086.41 $1,455.96 $369.55 0.8% 34.0% 015 2468637 1700 89,885 015 2468637 1700 90,592 707 $236.60 $317.07 $80.47 0.8% 34.0% 015 4863583 2700 633,415 015 4863583 2700 637,770 4,355 $1,667.34 $2,232.20 $564.86 0.7% 33.9% 015 2468963 4800 295,212 015 2468963 4800 297,164 1,952 $777.09 $1,040.07 $262.98 0.7% 33.8% 015 2425792 2100 302,097 015 2425792 2100 303,872 1,775 $795.21 $1,063.55 $268.34 0.6% 33.7%

015 2429615 1200 181,865 015 2429615 1200 182,834 969 $478.72 $639.92 $161.20 0.5% 33.7% 015 2433485 2700 92,646 015 2433485 2700 93,133 487 $243.87 $325.97 $82.10 0.5% 33.7% 015 2468921 4800 419,995 015 2468921 4800 422,164 2,169 $1,105.55 $1,477.57 $372.02 0.5% 33.7% 015 2425342 2700 99,994 015 2425342 2700 100,294 300 $263.21 $351.03 $87.82 0.3% 33.4%

015 2436387 1100 89,562 015 2436387 1100 89,782 220 $235.75 $314.24 $78.49 0.2% 33.3%

015 7555026 3800 1,562 015 7555026 3800 1,562 0 $4.11 $5.47 $1.36 0.0% 33.1%

015 2432489 2700 187,278 015 2432489 2700 187,404 126 $492.97 $655.91 $162.94 0.1% 33.1%

015 2428911 2700 155,144 015 2428911 2700 155,213 69 $408.39 $543.25 $134.86 0.0% 33.0%

015 2468700 2700 158,778 015 2468700 2700 158,812 34 $417.95 $555.84 $137.89 0.0% 33.0%

015 2426233 1700 140,792 015 2426233 1700 140,029 -763 $370.61 $490.10 $119.49 -0.5% 32.2%

015 2413638 3600 3,689,506 015 2413638 3600 3,664,504 -25,002 $9,711.89 $12,825.76 $3,113.87 -0.7% 32.1%

015 5334651 3800 1,798,873 015 5334651 3800 1,775,155 -23,718 $4,735.17 $6,213.04 $1,477.87 -1.3% 31.2%

015 4667679 3800 654,961 015 4667679 3800 643,957 -11,004 $1,724.05 $2,253.85 $529.80 -1.7% 30.7%

015 5130509 2200 447,031 015 5130509 2200 419,249 -27,782 $1,176.72 $1,467.37 $290.65 -6.2% 24.7%

015 2429704 1800 343,765 015 2429704 1800 293,442 -50,323 $904.89 $1,027.05 $122.16 -14.6% 13.5%

107,788,080 114,730,147 6,942,067 $283,730.57 $401,555.58 $117,825.01

015 2436280 1200 0 015 2436280 1200 2 2 $0.00 $0.01 $0.01 #DIV/0! #DIV/0!

015 2465883 1700 0 015 2465883 1700 0 0 $0.00 $0.00 $0.00 #DIV/0! #DIV/0!

015 4625046 1800 0 015 4625046 1800 0 0 $0.00 $0.00 $0.00 #DIV/0! #DIV/0!

015 5158667 1700 0 015 5158667 1700 0 0 $0.00 $0.00 $0.00 #DIV/0! #DIV/0!

015 6000654 1700 0 015 6000654 1700 0 0 $0.00 $0.00 $0.00 #DIV/0! #DIV/0!

015 8007814 1900 227,743 227,743 $0.00 $797.10 $797.10

015 8007815 1900 129,410 129,410 $0.00 $452.94 $452.94

015 8007816 1900 1 1 $0.00 $0.00 $0.00

015 6346186 4800 1,459,245 1,459,245 $0.00 $5,107.36 $5,107.36

015 5881580 4100 297,812 297,812 $0.00 $1,042.34 $1,042.34

015 4624341 1900 346,466

- 1 -

FA City Council Meeting City of DeBary

AGENDA ITEM

Subject: Engagement Letter for FY 2019 and FY 2020 annual audits

Attachments: ( ) Ordinance From: Elizabeth Bauer, Finance Director ( ) Resolution (x) Supporting Documents/ Contracts Meeting Hearing Date

October 2, 2019 ( ) Other

REQUEST

Requesting the City Council to approve the Engagement Letter with BMC CPAs to conduct the annual

audits for fiscal years ended September 30, 2019 and 2020.

PURPOSE

This agenda item is needed at this time to set the agreement in place for the required annual audit of

fiscal year 2019 and fiscal year 2020.

CONSIDERATIONS

This engagement letter will extend the original Financial Services Agreement No. 07-07 and the fee will

remain consistent with the anticipated cost schedule outlined in the original agreement, which will not

exceed $38,046 for the audit of fiscal year ended 9/30/19. The engagement letter also includes terms to

include the cost of $7,500 to expand our audit report to a Comprehensive Annual Financial Report

(CAFR) for the audit of fiscal year ended 9/30/20. This timing will allow for the preparation of

introductory and statistical sections of the CAFR. The cost will not exceed $47,068 for the audit of fiscal

year ended 9/30/20 which includes the $7,500 additional fee. As outlined in the original agreement and

this engagement letter, in the event a Single Audit is required, it is anticipated the fee estimates may be

increased by 20%.

COST/FUNDING

The costs for the audit and the additional fee to transition to a CAFR are budgeted at $52,500 for FY

9/30/20.

RECOMMENDATION

It is recommended that the City Council approve the Engagement Letter with BMC CPAs.

ATTACHMENTS Engagement Letter

205 MAGNOLIA ST. ● NEW SMYRNA BEACH, FL 32168-7125 ● (386) 427-1333 ● FAX (386) 427-5823 ● www.bmcpa.com MEMBER: American Institute of Certified Public Accountants and AICPA Private Companies Practice Section

September 6, 2019

Honorable Karen Chasez, Mayor And Members of the City Council City of DeBary, Florida 16 Colomba Road DeBary, FL 32713

Dear Mayor Chasez and Council Members:

We are pleased to confirm our understanding of the services we are to provide City of DeBary, Florida (the “City”) for the years ended September 30, 2019 and 2020. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City as of and for the years ended September 30, 2019 and 2020. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:

1) Management’s Discussion and Analysis2) Schedule of Changes – Sponsor’s Total OPEB Liability3) Change in Total OPEB Liability

We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditor’s report on the financial statements:

1) Budgetary comparison for the major capital projects fund,2) Combining and individual nonmajor fund financial statements, and3) Individual nonmajor fund budgetary comparisons.

Honorable Karen Chasez, Mayor And Members of the City Council City of DeBary, Florida Page 2

Audit Objectives

The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when consideredin relation to the financial statements as a whole. The objective also includes reporting on—

Internal control over financial reporting and compliance with provisions of laws, regulations,contracts, and award agreements, noncompliance with which could have a material effect on thefinancial statements in accordance with Government Auditing Standards.

Internal control over compliance related to major programs and an opinion (or disclaimer of opinion)on compliance with federal statutes, regulations, and the terms and conditions of federal awardsthat could have a direct and material effect on each major program in accordance with the SingleAudit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards (Uniform Guidance).

The Government Auditing Standards report on internal control over financial reporting and on complianceand other matters will include a paragraph that states that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance, and (2) the report is an integralpart of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The Uniform Guidance report on internal control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for anyother purpose.

Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s)in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. We will issue written reports upon completion of our Single Audit. Our reports will be addressed to management and the City Council of the City. We cannot provide assurance that unmodifiedopinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinionsor add emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement


Audit Procedures—General

An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whetherfrom (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that materialmisstatements or noncompliance may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statementsor on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories (if any), and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit,we will require certain written representations from you about your responsibilities for the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards.

Audit Procedures—Internal Control

Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control


and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.

An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards and the Uniform Guidance.

Audit Procedures—Compliance

As part of obtaining reasonable assurance about whether the financial statements are free of materialmisstatement, we will perform tests of the City’s compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions offederal awards applicable to major programs. Our procedures will consist of tests of transactions and otherapplicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City’s major programs. The purpose of these procedures will be to express an opinion on the City’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.

Other Services

We will also assist in preparing the financial statements, schedule of expenditures of federal awards, andrelated notes of the City in conformity with U.S. generally accepted accounting principles and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with GovernmentAuditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.


Management Responsibilities

Management is responsible for (1) designing, implementing, and maintaining effective internal controls, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuringthat there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations (including federal statutes) and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.

Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance, (3) additional information that we may request for the purpose of the audit, and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence.

Your responsibilities include adjusting the financial statements to correct material misstatements andconfirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements,or abuse that we report. Additionally, as required by the Uniform Guidance, it is management’s responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified includingnoncompliance identified in audit findings; promptly follow up and take corrective action on reported auditfindings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. Thesummary schedule of prior audit findings should be available for our review at the start of our fieldwork.


You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.


Engagement Administration, Fees, and Other

We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers.

We understand that your employees will prepare all cash, accounts receivable, or other confirmations werequest and will locate any documents selected by us for testing.

At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors’ reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditors’ reports or nine months after the end of the audit period.

We will provide copies of our reports to the city; however, management is responsible for distribution ofthe reports and the financial statements. Unless restricted by law or regulation, or containing privileged andconfidential information, copies of our reports are to be made available for public inspection.

The audit documentation for this engagement is the property of BMC CPAs, Inc. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to your Cognizant or Oversight Agency for Audit or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of BMC CPAs, Inc. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementionedparties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by your Cognizant Agency, Oversight Agency for Audit, or Pass-through Entity. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior todestroying the audit documentation.


In addition, it is our understanding that for the year ended September 30, 2020, the City is requesting that a Comprehensive Annual Financial Report (CAFR) is prepared. The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor’s report will not provide an opinion or any assurance.

1. Introductory section2. Statistical section and tables

We expect to begin our audit on approximately January 13, and to issue our reports no later than April 30. Thomas Ford, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.

Our fee for the Annual Financial Report services (as have been provided for since 2007) for the year ended September 30, 2019 will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) and will not exceed $38.046.

Our fee for the Comprehensive Annual Financial Report services for the year ended September 30, 2020 include an additional fee of $7,500 for the assistance in preparation and review of the Introductory andStatistical Sections of the CAFR, will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) and will not exceed $47,068.

In the event a federal and/or state Single Audit is required, it is anticipated that the above fee estimates may be increased by approximately 20%, as is included in the original Agreement (Agreement No. 07-07, Financial Audit Services dated September 5, 2007).

Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. The City will comply with the applicable provisions of the Florida Prompt Payment Act (Part VII,Chapter 218, Florida Statutes). Accounts which remain outstanding over forty-five days from the date specified in Section 218.73, F.S. will be subject to a service charge of one percent (1%) per month (to be billed separately). If we elect to terminate our services for nonpayment, our engagement will be deemed tohave been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audits. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.

You may request that we perform additional services not addressed in this engagement letter. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fees. We also may issue a separate engagement letter covering the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of this engagement letter.


In the event any fund, significant department or financial activity presently operated by the City is transferred to another jurisdiction, agency, or authority, or a new fund, significant department or financialactivity is added to the responsibility of the City and subject to audit under the terms of this Agreement, the annual Base Fee(s) provided for herein shall be increased or decreased, after renegotiation for such changes, the same being agreed to in writing, subject to the approval of the City. Likewise, in the event any substantial changes are required to be made to our auditing procedures as the result of new and/or amended promulgated auditing standards, a similar equitable Base Fee adjustment will be made. The City may also at any time, by written order, make changes within the general scope of the engagement and the work and services to be performed under the agreement. If any such change causes an increase or decrease in our cost of, or the time required for performance of the work, an equitable adjustment shall be made and the base fee shall be amended in writing accordingly.

It is mutually understood that the general terms and conditions of Agreement No. 07-07, Financial Audit Services dated September 5, 2007, will remain in effect, except as modified herein. It is also mutually understood that the terms and conditions of this revised and formal agreement may be extended to futureaudit periods at the consent of the City of DeBary, Florida, and BMC CPAs, Inc., all of which is subject tothe express approval of the City Council.

We appreciate the opportunity to be of service to City of DeBary, Florida, and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Very truly yours,

RESPONSE:

This letter correctly sets forth the understanding of the City of DeBary, Florida

By: _______________________________________Karen Chasez

Title: Mayor

Date: _______________________________________

- 1 -


AGENDA ITEM

Subject: Animal Sheltering Services by Halifax Humane Society

Attachments: ( ) Ordinance From: Carmen Rosamonda, City Manager ( ) Resolution (x) Supporting Documents/ Contracts Meeting Hearing Date


REQUEST

Approval of Annual Contract for Animal Sheltering Services by Halifax Humane Society.

PURPOSE

In order to enforce the ordinances of the City of DeBary and the laws of the State of Florida with respect

to stray animals, the City of DeBary desires to deliver stray animals to the Halifax Humane Society for the

humane impoundment and humane disposition of said animals.

CONSIDERATIONS

The City of DeBary utilizes two organizations to provide animal control services, City of Orange City

and Halifax Humane Society.

City of DeBary has a current contract with Orange City for animal control services thru September

30, 2021.

The City of DeBary has entered into annual contracts with Halifax Humane Society for over 5 years

consecutively for animal sheltering services.

COST/FUNDING

The fees charged for this service has not changed from last year’s contract. The fee schedule in located

in Section 3 of the contract. The City is only charged for services when animals are sheltered at Halifax.

RECOMMENDATION

Approve the Animal Sheltering Contract for FY2019-2020 with Halifax Humane Society.

IMPLEMENTATION

ATTACHMENTS

FY 2019-2020 Agreement for Services Contract – Halifax Humane Society

AGREEMENT FOR SERVICES BETWEEN

Halifax Humane Society, Inc.

AND

The City of DeBary

This Services Agreement ("Agreement") is hereby entered into by and between the Halifax

Humane Society, Inc., a Florida non-profit corporation, with its principal address at 2364 West

LPGA Boulevard, Daytona Beach, Florida 32124 ("Humane Society"), and the City of DeBary, a

Florida municipal corporation.

WHEREAS, in order to enforce the ordinances of the City of DeBary and the laws of the State of

Florida with respect to stray animals, the City of DeBary desires to deliver stray animals to the

Humane Society for the humane impoundment and humane disposition of said animals; and

WHEREAS, the Humane Society is organized for the purpose, among others, of preventing

cruelty to animals and is interested in assuring that impounded animals are sheltered in a

humane manner and those which must be destroyed, be so destroyed in a humane manner.

NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and provisions

herein contained, it is expressly agreed and understood as follows:

1. TERM: This Agreement will take effect on the 1st day of October 2019, and will remain

in full force and effect for an initial twelve (12) month period ending on midnight between

September 30, 2020 and October 1, 2020. The parties shall have the option to extend the

contract or enter into contract negotiations if they so desire.

2. ANIMAL SHELTER:

(a) The Humane Society will maintain and operate an animal shelter ("Shelter") in a

manner adequate for the confinement, remedial treatment, and, if necessary,

disposal of stray dogs, cats, or other animals, which may be delivered to the Humane

Society from all areas within the City of DeBary, and the Humane Society will furnish,

at its sole expense, all supervision, labor, animal food, tools, supplies and other

things necessary for the satisfactory performance of the services herein agreed to be

provided. Remedial care will be provided for injured animals during operating hours

when there is a staff veterinarian available, at the Humane Society's sole expense.

The Shelter will be operated at 2364 LPGA Blvd., Daytona Beach, Florida.

(b) The Humane Society will provide means to accept all stray dogs, cats, and other

domesticated animals delivered to the Shelter by the City of DeBary's law

enforcement personnel, Animal Control Officers, or other designated officers

appointed by the City of DeBary for this purpose. The Humane Society will accept

wild animals and livestock only if it has the ability and facilities to impound and

control these animals, and the decision to accept or reject such animals will be solely

within the discretion of the Humane Society. The Humane Society will require all

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persons who drop off or report injured or stray animals to the Shelter during the

Shelter's normal operating hours to give their names and current home and post

office addresses and identify the place where the animals involved were located or

picked up.

(c) When the City of DeBary delivers an animal to the Shelter for impoundment and

such animal bears information indicating ownership of the animal, the Humane

Society, within one (1) working day after receipt of such animal, will use its best

efforts to notify the owner thereof and inform the owner of the procedure whereby

the owner can recover the animal. Regardless of the foregoing, any animal

suspected of being infected with rabies or which has bitten or otherwise exposed

any person to rabies, shall not be released to its owner until after such animal has

been impounded for a period of ten (10) days and the Volusia County Health

Department, through its authorized representatives, has expressly approved, in

writing, any such release. When a stray dog or cat is delivered to the Shelter and is

not suspected of having rabies or has not bitten or otherwise exposed any person to

rabies, the Humane Society will impound the animal at the City of DeBary's expense

for a period of three (3) calendar days. If the owner has not retrieved the animal

within such three (3) day period, the Humane Society will thereafter, at its own

expense, provide for the adoption or humane disposal of the animal in accordance

with its routine methods and procedures.

3. BILLING & PAYMENT:

(a) The Humane Society shall bill the City of DeBary pursuant to Paragraph 3(b), as

applicable, for:

(i) each dog or cat, domesticated animal, injured animal, deceased animal, livestock

animal, wild animal, or quarantined/confiscated animal delivered to the Shelter

by either the City of DeBary's Police or Animal Control Officers;

(ii) each dog or cat, domesticated animal, injured animal, deceased animal, livestock

animal or wild animal emanating from within the City of DeBary and delivered to

the Shelter by a private citizen; and

(iii) each dog or cat, domesticated animal, injured animal or deceased animal picked

up by the Humane Society within the City of DeBary.

(b) In consideration of the agreements and undertakings to be performed by the

Humane Society, the City of DeBary agrees to pay the following applicable fee(s) per

animal to the Humane Society on a monthly basis, in arrears:

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Type of Animal Fee

Dog or cat

1st day of $46.00 impoundment

2nd day of $21.00 impoundment

3rd day of $21.00 impoundment

Other domesticated $35.00 animal

Livestock animal $80.00

Wild animal $35.00 (Euthanasia)

Deceased on arrival $15.00 (Disposal)

Quarantined animal (e.g., Rabies)

Confiscated animal

Fees for Additional Services Forensic calls and staff assistance

$160.00 (or $16.00pd) (10 day maximum stay)

$46.00 for the 1st day of impoundment plus $21.00 for each additional day of impoundment

Staff Support: $10.00 per hr. Veterinarian Support: $75.00 per hr.

(c) Payment must be made to the Humane Society within forty-five (45) days of the date of a proper invoice, as required by the Florida Local Government Prompt Payment Act (Part VII, Chapter 218, Florida Statutes) (the "Prompt Payment Act"). As provided by the Prompt Payment Act, any payment that is not made by the City of DeBary within such time period shall bear interest from thirty (30) days after the due date at a rate of one percent (1%) per month on the unpaid balance until paid in full. If the City of DeBary has a dispute about a charge on its invoice, it must contact the Humane Society's Director of Administrative Services at 386-274-4703,

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extension 315, within fifteen (15) days of the date of the invoice.

(d) The Humane Society will submit to the City of DeBary, with its monthly invoice, a list

of all pick up addresses of stray animals charged to the City of DeBary's account for

animals that were not impounded by a City of DeBary Animal Control Officer, the

names and addresses of all persons claiming any stray animals that are dropped off

at the Shelter during normal operating hours, and, if known, the names and

addresses of all persons claiming stray animals that are dropped off at the Shelter

after-hours.

(e) The Humane Society will use good faith efforts to try to collect from the animal's

owner all costs for which the City of DeBary is otherwise liable hereunder. In the

event an owner pays any fees or charges to reclaim its animal, the City of DeBary

shall be credited to the extent any such fees or charges are paid.

4. RABIES QUARANTINE: The Humane Society will provide space for the confinement,

observation and care of any stray animal suspected of rabies, or any stray animal which has

bitten or otherwise exposed any person to rabies for a period of ten (10) days and will accept,

care for and dispose of any such animal delivered to the Shelter. The Humane Society will notify

the Volusia County Health Department of any rabies specimen animal that dies during the ten

(10) day impoundment period, and will allow the Volusia County Health Department the

opportunity to take custody of the remains of any such animal that becomes ill or dies while

under confinement for such reasons. The City of DeBary shall pay the applicable charges for

quarantine service pursuant to Section 3(b) of this Agreement.

5. CONFISCATED ANIMALS: The Humane Society will agree to accept confiscated animals

as strays or accept said animals as "confiscated" only when the provisions of Section 828.073,

Florida Statutes are satisfied (i.e., pursuant to a Court order after petition and hearing). The

City of DeBary shall be responsible for all charges and expenses incurred in confiscating an

animal pursuant to § 828.073, Fla. Stat. The appropriate paperwork must be submitted by the

seizing agent to the Humane Society within three (3) business days of impounding the

confiscated animal. Failure to comply with this requirement will result in "confiscated" animals

being deemed "stray" animals, at which point care of the animal will be charged to the City of

DeBary at the default "stray" rates provided in Section 3(b) of this Agreement.

6. DANGEROUS DOG LAW: Pursuant to Sections 767.12 and 767.13, Florida Statutes, it

will be the sole responsibility of the City of DeBary's animal control authority to determine

whether a dog is dangerous and to submit to the Humane Society the necessary paperwork as

required by the applicable statutes. If quarantine is necessary, a dog quarantined pursuant to

Sections 767.12 and 767.13, Florida Statutes, may be quararitined for ten (10) business days at

a bona fide boarding kennel or veterinarian's office of the seizing agent's or owner's choice.

Otherwise, the Humane Society will quarantine all dogs that the City of DeBary's animal control

authority determines to be dangerous for a maximum of ten (10) business days. The City of

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DeBary shall pay the applicable charges for such service pursuant to Section 3(b) of this

Agreement. If the owner of the dog is unknown by the end of the quarantine period, the City of

DeBary may request that euthanasia be performed by the Humane Society when it is the City of

DeBary's belief that the dog poses a threat to public safety.

7. CONFISCATED ANIMALS - OWNER OF ANIMAL IS IN CUSTODY / DECEASED / HOSPITALIZED: All animals whose owners are in police custody, deceased or hospitalized may

be placed in a bona fide boarding kennel or veterinary clinic at the owner's expense. The

Humane Society will accept any such animals that are seized or taken by the City of DeBary.

The City of DeBary shall pay the applicable charges for such service (i.e., "Confiscated Animal")

pursuant to Section 3(b) of this Agreement.

8. CONFISCATED ANIMALS DUE TO OWNER EVICTION: Animals seized by the City of

DeBary as a result of an owner eviction will be held by the Humane Society for the time period

necessary to attempt to contact the owner by certified mail. Upon receipt of the certified mail,

the owner will be afforded an additional three (3) days to reclaim his/her animal(s), and, if the

owner reclaims the animal(s), he/she will be responsible for all charges, as provided in Section

3(b), from the date of seizure. If not reclaimed by the owner, all charges accruing pursuant to

Section 3(b) will be paid by the City of DeBary.

As the impounding agency, if the City of DeBary chooses not to have the Humane Society hold

the animal for the entire reclamation period referenced above, the City of DeBary may submit

the animal to the Humane Society as a "stray," in which case the animal will be held for three

(3) days prior to disposition. The City of DeBary agrees to fully indemnify the Humane Society

for any and all claims that may arise as a result of the City of DeBary's decision to submit the

animal as a "stray." The City of DeBary shall pay the applicable charges for such service

pursuant to Section 3(b) of this Agreement.

9. REMEDY IN THE EVENT OF BREACH: In the event that the City of DeBary fails to make

timely payment to the Humane Society for services rendered pursuant to this Agreement, the

Humane Society, in its sole discretion, may elect to terminate this Agreement and cease

providing services to the City of DeBary. If the Humane Society exercises this option, it will

provide the City of DeBary with thirty (30) days written notice of its decision to terminate the

Agreement. The City of DeBary will remain responsible for payment for all services rendered by

the Humane Society prior to and during the thirty (30) day notice period. Upon expiration of

the thirty (30) day notice period, the Humane Society will no longer provide any services to the

City of DeBary.

10. WAIVER OF BREACH: The waiver by the Humane Society or the City of DeBary of any

breach or violation of this Agreement will not operate as or be construed to be a waiver of any

subsequent breach of this Agreement.

11. SOVEREIGN IMMUNITY: The City of DeBary expressly retains all rights, benefits, and

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immunities of sovereign immunity in accordance with §768.28, Florida Statutes. Notwithstanding anything set forth in any section of the Agreement to the contrary, nothing in the Agreement shall be deemed as a waiver of immunity of limits of liability of the City of DeBary beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of the City of DeBary for damages, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for

the purpose of allowing any claim against the City of DeBary, which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

12. PUBLIC RECORDS: Pursuant to section 119.0701 (2)(a), Florida Statutes, the City of DeBary is required to provide the Humane Society with this statement and establish the following requirements as contractual obligations pursuant to the Agreement:

IF THE HUMANE SOCIETY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE HUMANE SOCIETY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (386) 668-2040, 16 Colomba Rd., DeBary, Florida 32713.

By entering into this Agreement, the Humane Society acknowledges and agrees that some records maintained, generated, received, or kept in connection with, or related to the

performance of services provided under, this Agreement are public records subject to the public records disclosure requirements of section 119.07(1), Florida Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701, Florida Statutes, any

contractor entering into a contract for services with the City of DeBary, including the Humane Society, is required to comply with the following with respect to the applicable public records:

a) Keep and maintain public records required by the City of DeBary to perform the services and work provided pursuant to this Agreement.

b) Upon request from the City of DeBary's custodian of public records, provide the City of DeBary with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor

does not transfer the records to the City of DeBary.

d) Upon completion of the contract, transfer, at no cost, to the City of DeBary all public

records in the possession of the contractor or keep and maintain public records required

by the City of DeBary to perform the service. If the contractor transfers all public

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records to the City of DeBary upon completion of the contract, the contractor shall

destroy any duplicate public records that are exempt or confidential and exempt from

public records disclosure requirements. If the contractor keeps and maintains public

records upon completion of the contract, the contractor shall meet all applicable

requirements for retaining public records. All records stored electronically must be

provided to the City of DeBary, upon request from the City of DeBary's custodian of

public records, in a format that is compatible with the information technology systems

of the City of DeBary.

e) Requests to inspect or copy public records relating to the City of DeBary's contract for

services must be made directly to the City of DeBary. If contractor receives any such

request, contractor shall instruct the requestor to contact the City of DeBary. If the City

of DeBary does not possess the records requested, the City of DeBary shall immediately

notify the contractor of such request, and the contractor must provide the records to

the City of DeBary or otherwise allow the records to be inspected or copied within a

reasonable time.

The Humane Society acknowledges that failure to provide the applicable public records to the

City of DeBary within a reasonable time may be subject to penalties under section 119.10,

Florida Statutes. The Humane Society further agrees not to release any records that are

statutorily confidential or otherwise exempt from disclosure without first receiving prior

written authorization from the City of DeBary. Humane Society shall indemnify, defend, and

hold the City of DeBary harmless for and against any and all claims, damage awards, and causes

of action arising from Humane Society's failure to comply with the applicable public records

disclosure requirements of section 119.07(1), Florida Statutes, or by Humane Society's failure to

maintain any applicable public records that are exempt or confidential and exempt from the

public records disclosure requirements, including, but not limited to, any third party claims or

awards for attorney's fees and costs arising therefrom. Humane Society authorizes City of

DeBary to seek declaratory, injunctive, or other appropriate relief against Humane Society from

a Circuit Court in Volusia County on an expedited basis to enforce the requirements of this

section.

13. MEDIATION: Any dispute arising from this Agreement, including, but not limited to,

disputes over fees for services, will be mediated prior to a lawsuit being filed. Mediation will

occur within sixty (60) days of written request by either party to mediate unless agreed to

otherwise. The written request must be delivered in accordance with the provisions of

Paragraph 18, below, of this Agreement. The cost of the mediator's fee will be borne equally by

the parties.

14. ATTORNEY'S FEES: Both parties agree to bear the cost of their own attorneys' fees with

respect to any disputes, lawsuits, or claims arising under this Agreement, except unless

otherwise specifically allowed elsewhere in this Agreement or in the event of an action to

recover amounts due under Part VII, Chapter 218, Florida Statutes, in which case, the court

Page 7 of 9

shall award court costs and reasonable attorney's fees, including fees incurred through appeal,

to the prevailing party.

15. GOVERNING LAW AND VENUE: The parties further agree that this Agreement will be governed by the laws of the State of Florida and that venue for any and all suits arising out of or otherwise attributable to this Agreement will lie exclusively in the courts of Volusia County, Florida, unless the matter at issue is solely cognizable in federal court, in which case, venue shall be in the Middle District of Florida, Orlando Division.

16. SEVERABILITY: If any provision of this Agreement or any part of any provision of this Agreement is found to be invalid by a court of competent jurisdiction, such will not affect the validity of any other provision, or part thereof, of this Agreement.

17. ENTIRE AGREEMENT: This Agreement constitutes the entire and final understanding and agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous negotiations, promises, covenants, agreements, or representations concerning all matters directly or indirectly, collaterally related to the subject matter of this Agreement.

18. AMENDMENTS: This Agreement cannot be amended or modified except by a writing executed by both of the parties hereto or their respective administrators, trustees, personal representatives and successors.

19. NOTICES: Any written notice required to be given under this Agreement is to be mailed by registered or certified mail, postage prepaid, to the party's business address or any other address designated for that purpose by written notice and sent to the attention of the City Manager with respect to the City of DeBary and to the attention of the CEO with respect to the Humane Society.

Page 8 of 9

IN WITNESS WHEREOF, the Humane Society and the City of DeBary have executed this Agreement for Services between Halifax Humane Society Inc. and the City of DeBary, effective on the date and year as set forth above.

HALIFAX HUMANE SOCIETY, INC. CITY OF DEBARY

By:

Name Karen Chasez Title: Mayor Date:

Title: Chief Exe utiye Officer

Date: ri

ATTEST: ATTEST:

By:

By:

Name: Michelle Pari Name: Carmen Rosamonda Title: Chief Oper7ing fficer Title: City Manager Date: 7 /6 Date:

Page 9 of 9

- 1 -


AGENDA ITEM

Subject: Animal Sheltering Services by Southeast Volusia Humane Society, Inc.

Attachments: ( ) Ordinance From: Carmen Rosamonda, City Manager ( ) Resolution (x) Supporting Documents/ Contracts Meeting Hearing Date


REQUEST

Approval of Annual Contract for Animal Sheltering Services by Southeast Volusia Humane Society, Inc.

PURPOSE

In order to enforce the ordinances of the City of DeBary and the laws of the State of Florida with respect

to stray animals, the City of DeBary desires to deliver stray animals to the Southeast Volusia Humane

Society for the humane impoundment and humane disposition of said animals.

CONSIDERATIONS

The City of DeBary currently utilizes two organizations to provide animal control services, City of

Orange City and Halifax Humane Society.

City of DeBary has a current contract with Orange City for animal control services thru September

30, 2021. City of Orange City has animal sheltering contracts with both Halifax and Southeast

Volusia Humane Societies.

By entering into annual agreement with Southeast Volusia Humane Society, in addition to Halifax

Humane Society, the City of DeBary will align its overall animal control practices with the City of

Orange City and provide flexibility in managing and caring for animals. It also protects the City in

the event one organization is unable to perform such quality services due to overcrowding,

volunteer or funding problems or performance issues.

Even though Southeast Volusia Humane Society has a different fee structure than Halifax Humane

Society, the overall costs are similar. From August 1, 2018 through June 2018, the City of DeBary

referred 28 stray cats and dogs and DeBary resident owners surrendered 12 cats and dogs.

During this time frame, we paid Halifax $3,714.00 or $92.85 per animal.

The Southeast Volusia Humane Society contract is modeled after their contract with Volusia County

and Orange City.

- 2 -

COST/FUNDING

The City is only charged for services when animals are sheltered at Southeast Volusia Humane Society.

There fee $100 per animal. If an DeBary resident owner surrenders their animal, Southeast Volusia

requests an animal surrender fee. The amount collected will be deducted from the $100 charged to the

City.

RECOMMENDATION

Approve the Animal Sheltering Contract for FY2019-2020 with Southeast Volusia Humane Society.

ATTACHMENTS

FY 2019-2020 Agreement for Services Contract – Southeast Volusia Humane Society.

AGREEMENT FOR SERVICE

BETWEEN SOUTHEAST VOLUSIA HUMANE SOCIETY, INC.

AND THE CITY OF DEBARY, FLORIDA

THIS AGREEMENT is made effective October 1, 2019, by and between the SOUTHEAST VOLUSIA HUMANE SOCIETY INC., a Florida nonpro it corporation, hereinafter referred to as the “Humane Society,” and the CITY OF DEBARY, a body corporate and politic and a political subdivision of the County of Volusia, hereinafter referred to as the “CITY.”

WHEREAS, in order to enforce the laws of the State of Florida, the CITY desires to deliver stray animals to the Humane Society for the humane impoundment and humane disposition of said animals; and

WHEREAS, the Humane Society is organized for the purpose, among others, of preventing cruelty toanimals and is interested in ensuring that impounded animals are sheltered in a humane manner and that those animals which must be destroyed, are destroyed in a humane manner.

NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and provisions herein contained, it is expressly agreed and understood as follows:

1. TERM: This Service Agreement shall take effect on the 1st day of October, 2019, and shall remain in full force and effect for a twelve (12) month period ending on midnight between September 30, 2020 and October 1, 2020.

2. ANIMAL SHELTER:(a) The Humane Society will maintain and operate an animal shelter in a manner adequate

for con inement, remedial treatment, and disposal of stray or abandoned dogs, cats, and other domesticated animals, which may be delivered to the Humane Society from all areas within the CITY, and will furnish, at its sole expense, all supervision, labor, animal food, tools, supplies, and other things necessary for the satisfactory performance of the service herein agreed to be provided for the fees and charges speci ied herein. Remedialcare shall be provided by the Humane Society at the sole discretion of the shelter’s staff and Board of Directors.

(b) The animal shelter is located at 1200 S. Glencoe Road, New Smyrna Beach, Florida.The shelter’s operating hours are Monday through Saturday, 10am-5pm; closed Sunday and major holidays.

The Humane Society reserves the right to change the location of the shelter and/or its hours of operation. The CITY will be noti ied by letter, fax, phone or e-mail prior to any changes in the location, hours or days of operation.

(c) The Humane Society will provide means to accept all stray or abandoned dogs, cats and other domesticated animals delivered to the shelter by Police or Animal Control Of icersor other designated of icers appointed by the CITY for this purpose.

(d) The Humane Society will accept wild animals, potbellied pigs, hoofed animals and livestock ONLY if it has the ability and facilities to impound and control these animals. The decision to accept or reject these animals shall be solely within the discretion of the Humane Society. The Humane Society shall require persons who report injured or stray animals to give their names and current home and post of ice addresses and to identify the place where the animals involved were located or picked up.

(e) When the CITY delivers an animal to the shelter for impoundment and when the animal bears an identi ication tag or microchip indicating ownership of the animal, the HumaneSociety, within one (1) working day after receipt of such animal, shall use its best effortsto notify the owner thereof and inform the owner of the procedure whereby the owner can recover the animal. Regardless of foregoing, any animal suspected of being infected with rabies or which believed to have bitten or otherwise exposed any person to rabies, shall not be released to its owner until at least a ten (10) day impoundment period and only with the express approval of the CITY Health Department, as provided through the Department’s authorized representatives (see #4).

(f) When a stray dog or cat is delivered to the shelter and is not suspected of rabies or has not bitten or otherwise exposed any person to rabies, the Humane Society shall impound the animal at the CITY’S expense for a period not to exceed thee (3) days. If theowner has not retrieved the animal within the three (3) day time period, the Humane Society shall thereafter provide either for the adoption or humane disposal of such animal in accordance with the Humane Society’s routine methods and procedures and in its sole and absolute discretion.

(g) The Humane Society agrees to cooperate with the designated Animal Services Division in the enforcement and implementation of CITY ordinances and to duly consider requested changes to its rules and regulations as shall further the enforcement and implementation thereof. Because the Humane Society works with multiple governmental entities, all changes to any of its rules and regulations will be at the sole and absolute discretion of its Board of Directors.

(h) The Humane Society will, at its sole and absolute discretion, humanely euthanize any animal thought to be suffering due to illness or injury, any animal that is thought to havea contagious condition that could affect the health of other animals in the facility or the health of the general public, or has shown signs of aggression that would be a safety riskfor the public or the Humane Society’s staff.

(i) Stray or abandoned animals will be held for a period of three (3) days during which the shelter is open (i.e., business days), and all animals bearing identi ication and/or a microchip will be held for a period of ive (5) days during which the shelter is open (i.e., business days), before such animal is made available for adoption, rescue or euthanasia, unless the animal has been quarantined or impounded for rabies as contemplated in Section 2(e) above, or otherwise requires more immediate euthanasia pursuant to Section 2(h) above.

3. BILLING AND PAYMENT: In consideration of this agreement and services to be performed by the Humane Society hereunder, the CITY agrees to pay the Humane Society monthly in arrears of the sum of $100 per animal brought to the Humane Society for:

(a) Any stray dog, cat, or other domesticated animal received from either the police or Animal Control Of icers; or

(b) Any stray dog, cat, or other domesticated animal emanating from within the unincorporated area of Volusia CITY and delivered to the Humane Society by a private citizen; or

(c) Any stray dog, cat, or other domesticated animal received in the Humane Society’s holding cages before or after operating hours; or

(d) Any animal transferred from the CITY’S care as a CITY owner surrender; or(e) Any domesticated animal surrendered by an owner. If the Humane Society is able to

collect an owner surrender fee, that amount will be deducted from the $100 charged to the CITY.

4. RABIES IMPOUNDMENT: The Humane Society will provide space for the con inement, observation, and care of any stray animal suspected of rabies, or any stray animal which hasbitten or otherwise exposed any person to rabies, and shall accept, care for, and if necessary, euthanize and dispose of any such animal delivered to the facility, in its sole and absolute discretion. The Humane Society shall make available to the CITY the remains of any animal that becomes ill or otherwise dies while impounded or quarantined under suspicion of having rabies for further laboratory study and examinations. Actual decapitation of rabies specimen animals shall be the responsibility of the CITY.

5. QUARANTINE IMPOUNDEMENT: The impoundment of stray animals requiring quarantine will be charged at a rate of $20 per day for a ten (10) day maximum (maximum charge per quarantined animal shall be $200). All such charges are to the paid by the CITY.

6. CONFISCATED ANIMALS: In accordance with Florida Statute 828 the Humane Society will agree to accept animals con iscated by the CITY only when the provisions of Florida Statute 828.073 are met (i.e., pursuant to court order after petition and hearing). Such impoundment will be charged at a rate of $100 upon intake, and $20 for each additional daythereafter. All such charges are to be paid by the CITY. The applicable paperwork must be submitted by the seizing agent to the Humane Society within three (3) business days (Mon-Fri).

7. DANGEROUS DOG LAW: In accordance with 767.12 and 767.13, Florida Statutes, it will be the sole responsibility for the Animal Control authority within the CITY to determine where a dog is dangerous and to submit the necessary paperwork required by law. If the Animal Control Of icer and the owner deem it necessary, the animal may be quarantined for ten (10) business days at a bona ide boarding kennel or veterinarian’s of ice, at the seizing agent’s or owner’s choice. The Humane Society will quarantine a stray animal determined tobe dangerous by the animal control authority, and impoundment will be charged at the rate of $100 upon intake and $20 per day thereafter. All such charges will be paid by the CITY. If,

at the end of the impoundment period, the owner is not known, the CITY may request that euthanasia be performed by the Humane Society, provided that the animal poses a threat to public safety.

8. WILD ANIMALS: There will be a $40 fee charged to the CITY for any raccoon, opossum, or any other species of wild animal delivered to the Humane Society for euthanasia.

9. OWNERS IN CUSTODY, DECEASED, OR HOSPITALIZED: All animals whose owners are in the custody of law enforcement, or are otherwise deceased or hospitalized, may be placed ina bona ide boarding kennel or veterinary clinic at the owner’s or his/her estate’s expense. The Humane Society, at its sole and absolute discretion, will accept any of the above mentioned animals, and the impoundment fee shall be $100 upon intake and $20 for each day the animal is impounded. All such charges are to be paid by the CITY.

10. CONFISCATED ANIMALS DUE TO OWNER EVICTION: All animals seized as a result of an owner’s eviction shall be held for a period necessary to contact the owner by certi ied mail. The CITY will be responsible for sending certi ied mail notices to the owner. Upon receipt ofthe certi ied mail, the owner shall be afforded an additional three (3) business days to reclaim his/her animal(s), and if the owner reclaims the animal, he/she shall be responsiblefor all charges associated with the boarding or keeping of such animal. If the animal is not reclaimed by the owner, or if the owner is unable to pay, all such charges shall be paid by the CITY at the rate of $100 upon intake and $20 for each additional day thereafter.

As the impounding agency, if the CITY chooses not to have the Humane Society hold the animal for the certi ied mail period, the CITY may submit the animal to the Humane Society as a “stray,” in which case the animal will be held for three (3) days prior to the disposition as provided for. The CITY agrees to fully indemnify the Humane Society for any and all claims that may arise as a result of the CITY’S decision to submit the animal as a “stray.” All such charges will be paid by the CITY.

11. OWNED ANIMALS SURRENDERED BY OWNERS: Animals surrendered to of icers by their owners, guardians, or caregivers, and which animals are subsequently delivered to the Humane Society, shall incur a cost of $100 per animal, which cost shall be paid by the CITY. Animals surrendered directly to the Humane Society by an owner shall incur a cost of $100 per animal. If said owner is unable to pay a surrender fee, the cost shall be paid by the CITY.

12. DAILY CHARGES: Where daily charges are authorized in this Agreement, no such charges shall accrue to the CITY beyond the time which an owner of an animal abandons, relinquishes, or otherwise loses his/her rights to the animal.

13. FORMS: The CITY will supply the Humane Society with the necessary Return to Owner (RTO) forms to document the return of animals to their owners/caregivers.

14. DOCUMENTATION: To the extent such information is available, the Humane Society will submitto the CITY, with its monthly invoice, the pickup address of all stray animals charged to the CITY’S

account that were not otherwise impounded by Animal Control or law enforcement personnel, and the names and addresses of all persons claiming a stray animal.

15. AMENDMENTS: Both parties will provide each other with at least thirty (30) days advance written notice of any proposed changes to this Agreement. Any amendment to the Agreement shall be in writing and mutually agreed upon by both parties.

18. ENTIRE AGREEMENT: This Agreement, along with any exhibits, schedules, or appendices hereto, constitutes the entire Agreement between the parties and supersedes all previous understandings and agreements between the parties, whether oral or written. The parties hereby acknowledge and represent, by executing this Agreement, that they have not relied on any representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those set forth in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, priorto the execution of this Agreement.

IN WITNESS WHEREOF, the SOUTHEAST VOLUSIA HUMANE SOCIETY and the CITY of DEBARY, have executed this Agreement for Services, effective on the date and year set forth above.

SOUTHEAST VOLUSIA HUMANE CITY OF DEBARY

SOCIETY, INC.

BY:_________________________________________ BY:_______________________________________

NAME:_____________________________________ NAME:___________________________________

TITLE:_____________________________________ TITLE:___________________________________

DATE:_____________________________________ DATE:____________________________________

ATTEST: ATTEST:

BY:_________________________________________ BY:_______________________________________

NAME:_____________________________________ NAME:___________________________________

TITLE:_____________________________________ TITLE:___________________________________

DATE:_____________________________________ DATE:____________________________________

- 1 -


AGENDA ITEM

Subject: Team Volusia Renewal Attachments: ( ) Ordinance From: Roger Van Auker, TOD Director ( ) Resolution (x) Supporting Documents/ Contracts Meeting Hearing Date


REQUEST

Approve renewal of Team Volusia contract for fiscal year 2019/2020.

PURPOSE

Continue collaborative economic development relationship with Team Volusia business and recruitment

services in addition to economic development growth opportunities.

CONSIDERATIONS

This past fiscal year Team Volusia has provided valuable assistance in the economic growth of the City of

DeBary, below are a few examples:

Participation in USDOT transportation summit, representing the South West Volusia region

speaking to the future growth, development and the critical need for transportation funding

needed from the State and Federal resources.

Participated in our Site Readiness initiative, a 180-day extensive review to develop next steps and

deep analysis targeting industrial sites and target industries for future growth in the city of

DeBary.

(18) Project submissions to the City of DeBary, businesses that may relocate to the City of

DeBary.

Representing the City of DeBary at various venues such as the following: Paris Air Show Paris,

Florida Early Stage Capitol Conference in Orlando Florida, IMAC Spring Forum in California, 2019

Washington DC and EFI in Market Atlanta GA to mention a few.

Most recently assisting in the recruitment of the Smart Baking Company

- 2 -

COST/FUNDING

Ten Thousand Three Hundred and Eighty-Seven Dollars $10,387.00 as budgeted in our 2019/2020

budget

RECOMMENDATION

It is recommended that the City Council: Approve the Cooperative Team Volusia Economic Development

Agreement.

IMPLEMENTATION

Execute agreement and select payment plan.

ATTACHMENTS Team Volusia Presentation Cooperative Economic Development Agreement 2019 Cooperative Economic Development Agreement 2018

- 1 -


AGENDA ITEM

Subject: 5-Year CIP Attachments: (X) Ordinance From: Matt Boerger, Growth Management ( ) Resolution ( ) Supporting Documents/ Contracts Meeting Hearing Date


REQUEST

Staff is requesting approval of the second reading of Ordinance #03-19 amending the City's 2019

Five-Year Capital Improvement Program (CIP).

PURPOSE

The City is required by Florida Statutes Section 163.3177(3)(b) to update its Five-Year CIP to reflect its

planned capital improvements over the next five years.

CONSIDERATIONS

Section 163.3177(3)(b), Florida Statutes requires that local governments review their capital

improvements element on an annual basis and provides that modifications to update the five-year capital

improvements schedule may be accomplished by Ordinance and are not deemed amendments to the

comprehensive plan. Upon final adoption of the Ordinance, a copy will be filed with the Florida

Department of Economic Opportunity Division of Community Planning, Development and Services.

The proposed Five-Year CIP does not change the existing, current-year budget, approved by City Council

and is contingent upon funding and Council approval. This does not obligate the City to spend the money

as it is a planning document only.

COST/FUNDING

N/A

RECOMMENDATION

Approve the second reading of Ordinance #03-19.

IMPLEMENTATION

The Five-Year CIP must be updated every year. This plan will be evaluated next year and amended accordingly to meet the City’s adopted budget and future plans within the new five-year window. ATTACHMENTS Ordinance 03-19; Exhibit A (5-Year CIP)

ORDINANCE 03-19

AN ORDINANCE OF THE CITY COUNCIL OF DEBARY, FLORIDA, AMENDING THE 2019 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM ANNUAL UPDATE; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EXCLUSION FROM CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Section 163.3177(3)(a), Florida Statutes, requires that local government comprehensive

plans contain a capital improvements element designed to consider the need for and the location of

public facilities; and

WHEREAS, Section 163.3177(3)(b), Florida Statutes, requires that local governments review the

capital improvements element on an annual basis, and provides that modifications to update the five-

year capital improvements schedule may be accomplished by ordinance; and

WHEREAS, “capital improvement” generally means physical assets constructed or purchased to provide, improve, or replace a public facility, typically large scale, high in cost, and may require

multi-year financing; and

WHEREAS, Section 163.3177(3)(a)4, Florida Statutes, requires that projects necessary to achieve

and maintain adopted levels of service for the five-year planning period be included in the capital

improvement schedule; and

WHEREAS, the DeBary City Council held the required public hearings with all required public notice for the purpose of hearings.

NOW, THEREFORE, BE IT IS HEREBY ORDAINED BY THE CITY OF DEBARY AS

FOLLOWS:

SECTION 1: RECITALS/INTENT. The recitals set forth above are true and correct, and

constitute legislative findings of the City Council.

SECTION 2: AMENDMENT TO THE CAPITAL IMPROVEMENT SCHEDULE.

The Capital Improvement Program Annual Update is hereby adopted as set forth in Exhibit A,

attached hereto and incorporated herein by reference.

SECTION 3: EXCLUSION FROM CITY CODE/CODIFICATION. It is the intent of the

City of DeBary City Council that the provisions of this Ordinance shall not be codified into the

DeBary Code, but that the Code Codifier shall have liberal authority to codify this Ordinance as a

separate document in accordance with prior directions given to said

Page 1 of 2

Codifier. The Code Codifier is hereby granted authority to update the Capital Improvement

Program or to otherwise make notation by reference to this Ordinance in the City of DeBary Comprehensive Plan, as amended.

SECTION 4: EFFECTIVE DATE. The effective date of this Ordinance shall be

immediately upon adoption.

SECTION 5: CONFLICTS. This ordinance shall supersede any ordinances in conflict

herewith to the extent that such conflict exists.

SECTION 7: SEVERABILITY. If any part of this ordinance is found to be invalid,

preempted, or otherwise superseded, the remainder shall nevertheless be given full force and effect to

the extent permitted by the severance of such invalid, preempted, or superseded part.

FIRST READING AND PUBLIC HEARING on the _____________

SECOND READING, PUBLIC HEARING AND ADOPTION on the _______________

CITY COUNCIL

CITY OF DEBARY, FLORIDA

Karen Chasez, Mayor

ATTEST:

Annette Hatch, City Clerk

Page 2 of 2

City of DeBary

Exhibit A | 5-Year Capital Improvement Program (CIP)

Funding Sources:1. General Fund 2. Grants/Special Revenue 3. Debt Financing

Project Funding Total Rank FY FY FY FY FY

Description Source Cost 1-5 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 General Fund Departmental Capital Outlay 1 $2,250,000 1 $450,000 $450,000 $450,000 $450,000 $450,000

Sidewalk Construction/Repair 2 $75,000 3 $15,000 $15,000 $15,000 $15,000 $15,000

East Highbanks Right-Turn-Lane Construction 1,2 $30,000 5 $30,000

Spring-to-Spring Trail Connector (FDOT) 2 $250,000 2 $25,000 $225,000

DeBary Elementary School Turn Lanes / Donald E. Smith

1,2 $400,000 5 $80,000 $320,000

Roundabout @ Donald E. Smith / West Hignbanks Road

1,2 $700,000 5 $700,000

Highbanks Road / 17-92 Turn Lanes 1,2 $735,000 5 $735,000

Fort Florida Road - RR to Barwick - Reconstruction

1,2 $1,472,000 5 $1,472,000

Fort Florida Road - 17-92 to Railroad Reconstruction

1,2 $1,198,000 5 $1,198,000

Shell Road - Fort Florida Road to Benson Junction - Reconstruction

1,2 $3,129,000 5 $3,129,000

West Higbanks Road - Rob Sullivan Park to Ft. Fl. Rd Reconstruction

1,2 $4,500,000 5 $4,500,000

Fort Florida Road - Urban Section Reconstruction 1,2 $1,500,000 5 $1,500,000

Gemini Springs Water Quality Improvements - Central Sewer Systems for Lake Marie Estates

1,2 $2,624,000 5 $2,624,000

US 17-92 Median Intersection Safety Improvements

1,2 $800,000 5 $800,000

Woodbound Lake Flood Protection - Phase 1 Improvements

2 $595,000 1 $595,000

Woodbound Lake Flood Protection - Phase 2 Improvements

2 $670,000 2 $670,000

273-284 Valencia Road Drainage Improvements 2 $350,000 2 $350,000

Planation Road and Grande Vista Street Drainage Improvements

2 $270,000 2 $40,000 $230,000

220 Acacia Road Drainage Improvements 2 $210,000 2 $35,000 $175,000

Glen Abbey and Summerhaven Drainage Maintenance Repairs

2 $300,000 1 $150,000 $150,000

West Side Emergency Flood Management System - Phase 7

2 $200,000 5 $200,000

Tropic Lagoon Outfall 2 $75,000 3 $75,000

Lake Charles Pump Station 2 $150,000 5 $150,000

West Side Emergency Flood Management System - Borrow Pit

2 $25,000 4 $25,000

Saxon Woods Subdivision - Pond RA7 2 $150,000 5 $150,000

Rear Yard Swale Program 2 $125,000 1 $25,000 $25,000 $25,000 $25,000 $25,000

Bathrooms - River City Nature Park 1,2 $240,000 1 $240,000

Tree House - River City Nature Park 1,2 $375,000 5 $375,000

Boardwalk - River City Nature Park 1,2 $500,000 5 $500,000

Bill Keller Park Reconstruction 1,2 $203,000 3 $203,000

Rob Sullivan Park Opperations Center 1,2 $350,000 1 $350,000

Fire Trucks/Equipment 1 $1,200,000 3 $1,200,000

Fire Station 1 $900,000 3 $900,000

City Hall Build-out 2 $90,000 1 $90,000

TOTALS $26,641,000 $2,935,000 $943,000 $870,000 $1,240,000 $20,653,000

CITY o DeB

VOLUNTEER ADVISORY BOARD/COMMITTEE APPLICATION

Thank you for your interest in serving the City of DeBary. Your completion of this application is necessary so that members of the City Council can thoroughly review each application as part of their consideration for your appointment. Please check the Board(s) or Committee(s) on which you are interested in serving.

Historic Preservation Advisory Board Citizens Advisory Committee to the TPO Bicycle and Pedestrian Advisory Committee to the TPO Volusia Growth Management Commission River of Lakes Heritage Corridor Scenic Highway Board Orlandia Heights Neighborhood Improvement District Temporary Appointed City Council Member Community Revitalization Advisory Committee Charter Review Committee

PERSONAL

Name: L Jena

Mailing Address: I G Ca-Fauna Dr

State: FL. Zip: 3Z-R-13

Residence (if different from mailing):

Home Phone: ( 386 Business Phone:

Email Address: , )Me 224 a 161-10C), COSA

Are you a registered voter in DeBary? Yes iZ No

Length of residency in DeBary: Years 42 Months

Occupation: acilleuinCrs-froaioi-, SSiSiCk.34-4—

Are you currently serving on any other City advisory boards? Yes No

Have you ever served on a City advisory board? Yes No

If yes, when and which board?

Page 1 of 3 rev. 11/14/2018

SIC Applicant Name: 4

WORK HISTORY

Present Employer Name: AM ALA_ CL A...L6 6 in I 10

Employer Address: ) bar) AAA- d-ea_Th reto, r----L

Employer Phone Number: 40-1- aa .1&1-9Employment Dates: JC-1-1"-- tc'lgS

Job Duties: OCtirini1 /4-in CISSi`S-+- 'lb tredu-

ann.-6-

f-5c Cal(

Previous Employer Name:

Employer Address:

Employer Phone Number:

Job Duties:

Employment Dates:

REFERENCES (May be business and/or personal)

NAME, ADDRESS & TELEPHONE NUMBER -ThreSa jakiel.cori

Facin;11 IDE&Arj - - q040

NAME, ADDRESS & TELEPHONE NUMBER Rooliru_s

ao CAA-WnlArlaraik, ROI ql=1..o • 569-1

NAME, ADDRESS &TELEPHONE NUMBER MO—le

Page 2 of 3 rev. 11114/2018

Applicant Name: ci e n

EDUCATION

High School: Chris-Kan Acaanni

College: P 6CC Degree: rot ConAio e--i-Cci - Eit-S4Snecs Acknikfm,

Postgraduate: Degree:

ACTIVITIES / COMMUNITY INVOLVEMENT: precser vockon -

(tK_+y-c_t PL. Curte.boTj PlAodea--

WHY DO YOU WANT TO SERVE ON THIS/THESE BOARDS?: Ai Stbrj i S so inetp=41-arti-

preS-enje be C41./Ge„ osnee Mc_ rriorytAfit* c

e 1-)-s -Gifu CrAderr-L4 19 prccenre_ i,c)c

WHAT WOULD YOU WANT TO ACCOMPLISH DURING YOUR TERM?: CYISCLYAA:ta-liClmr)

otocutin-tefrici-s cAiunicert-K43

0,0W-1-;91-icztY v Sk Woet-a0AYi fib z-e nAakt_ i GweiLL LAS4L. -1-kage uk-i-eres4ecl I understand the responsibilities associated with being a board member, and I have adequate

time to serve if appointed.

koosemeeccHrir Oyu)

t l d ocunniatios !,

Date: 61 1 2119

RETURN TO: City Clerk City of DeBary 16 Colomba Road DeBary, Florida 32713 (386) 668-2040 [email protected]

Page 3 of 3 rev. 11/14/2018