HomeMy WebLinkAboutAgenda Packet 04-21-2015 [city seal]
CITY OF
CAPE CANAVERAL
CAPE CANAVERAL
CITY COUNCIL MEETING
AGENDA
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
April 21, 2015
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item
that is listed on the agenda for final official action by the City Council excluding public hearing items which are
heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes,
informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3)
minutes. The City Council will not take any action under the"Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS / INTERVIEWS:
6:15 p.m. — 6:20 p.m.
Proclamation designating May 16, 2015 as "Kids to Parks Day".
CONSENT AGENDA:
6:20 p.m. — 6:25 p.m.
1. Approve Minutes for Regular City Council Meeting of March 17, 2015.
2. Approve renewal of James Moore & Co., P.L. as Independent Auditor and
authorize execution of Engagement Letter.
3. Approve the Sole-Source purchase of two positive displacement blowers from
Universal Blower Pac, Inc. in the amount of $43,615 and authorize the City
Manager to execute the Contract.
4. Award contract for construction of Lift Station Nos. 6 and 7 Improvements to
Atlantic Development of Cocoa, Inc. in the amount of $1 ,152,194.76 and
authorize the City Manager to execute the Construction Agreement for same.
5. Award Sole-Source contract for rehabilitation of the stormwater pipe along West
Central Boulevard to IPR Southeast, Inc. in the amount of $241 ,825 and
authorize the City Manager to execute the Construction Agreement for same.
City of Cape Canaveral, Florida
City Council Meeting
April 21, 2015
Page 2 of 2
6. Approve Work Squad Contract WS917 between the Florida Department of
Corrections and the City of Cape Canaveral in the amount of $57,497 and
authorize the City Manager to execute the Contract.
7. Resolution No. 2015-03; reappointing Members to the Board of Adjustment,
Community Appearance Board and Construction Board of Adjustment and
Appeals of the City of Cape Canaveral; providing for the repeal of prior
inconsistent resolutions; severability; and an effective date. (Arvo Eilau, Mary Jo
Tichich, Randy Wasserman, William Budesa and Geoff Goetz)
ITEMS FOR ACTION:
6:25 p.m. — 6:45 p.m.
8. Approve termination of Beach Access Easement between Seaport Oceanfront
Condominium Association, Inc. and the City of Cape Canaveral and authorize
execution of same.
9. Award contract for Commercial Beach Mobile Cart Vending Service Operation
Franchise.
(a) Award contract for Commercial Beach Mobile Cart Vending Service Operation
Franchise for Food and Non-Alcoholic Beverages to MAGEC, LLC for a
provisional six-month period;
(b) Authorize City Manager to execute agreement for same;
(c) Authorize City Manager to extend agreement during ordinance development
period without need for further City Council approval.
REPORTS:
6:45 p.m. — 7:00 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of
the proceedings, and for such purpose that person 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. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office(868-1220 x220 or x221)48 hours in advance of the meeting.
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 4/21/2015
PRESENTATIONS/INTERVIEWS
Subject: Proclamation designating May 16, 2015 as "Kids to Parks Day".
Department: Legislative and Leisure Services
Summary: The National Park Trust (NPT) is dedicated to preserving parks today and
creating park stewards for tomorrow. NPT is the Nation's only organization dedicated to
the completion, and the full appreciation, of the American system of local, state and
national parks through the identification of key land acquisition and preservation needs.
The future of our Nation's treasured parks, public lands and other open spaces rests in
the hands of our youth. Through NPT's widely respected and rapidly growing kids to
parks initiatives and Buddy Bison (NPT mascot) youth education program, everyone will
be provided with the American Park experience they deserve.
May 16, 2015 is the fifth annual Kids to Parks Day organized and launched by the
National Park Trust. Kids to Parks Day empowers kids and encourages families to get
outdoors and visit America's parks; it is important to introduce a new generation to our
Nation's parks because of the decline in Park attendance over the last decades; we
should encourage children to lead a more active lifestyle to combat the issues of
childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and, Kids
to Parks Day is open to all children and adults across the country to encourage a large
and diverse group of participants. Kids to Parks Day will broaden children's appreciation
for nature and the outdoors.
The City of Cape Canaveral is partnering with Cape View Elementary School on
Saturday, May 16, 2015 to have a kickball tournament and will cap the evening with a
Movie in the Park at Canaveral City Park.
Residents of the City of Cape Canaveral are urged to make time May 16, 2015 to take
the children in their lives to a neighborhood, state or national park. For more
information, please go to www.kidstoparks.org.
Submitting Council Member and Department Director:
Mayor Randels and Gustavo Vergara Date: 3-18-15
Attachment: Proclamation
Financial Impact: Staff time to prepare item and cost of event.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/18/15
The City Manager recommends that City Council take the following action:
Read the Proclamation designating May 16, 2015 as "Kids to Parks Day".
Approved by City Manager: David L. Greene Date: 3/20/15
[city seal] Official
Proclamation
City of
Cape Canaveral, Florida
WHEREAS, May 16, 2015 is the fifth Kids to Parks Day organized
and launched by the National Park Trust;and
WHEREAS, Kids to Parks Day empowers kids and encourages
families to get outdoors and visit America's parks;and
WHEREAS, it is important to introduce a new generation to our
Nation's parks because of the decline in Park attendance over the last
decades;and
WHEREAS, we should encourage children to lead a more active
lifestyle to combat the issues of childhood obesity, diabetes mellitus,
hypertension and hypercholesterolemia;and
WHEREAS, Kids to Parks Day is open to all children and adults
across the country to encourage a large and diverse group of participants;
and
WHEREAS, Kids to Parks Day will broaden children's appreciation
for nature and the outdoors;and
NOW THEREFORE, I, Rocky Randels, Mayor of the City of Cape
Canaveral,Brevard County,Florida,do hereby proclaim May 16,2015 as
Kids to Parks Day
I urge residents of the City of Cape Canaveral to make time May 16,2015 to
take the children in their lives to a neighborhood,state or national park.
[seal] Signed and Sealed this Day of ,
Mayor
CITY COUNCIL REGULAR MEETING #1
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 17, 2015
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6;40 P.M. and led the pledge
of allegiance. Mayor Randels wished everyone happy St. Patrick's Day and thanked those
in attendance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Mayor Pro Tem Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
Administrative/Financial Services Director John DeLeo
Economic Development Director Todd Morley
Community Development Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Director Jeff Ratliff
Public Works Services Deputy Director Lonnie Dunn
Brevard County Sheriff Major Paul Ring
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Charles Spercel thanked Council Members for their time and expressed concerns related
to the effects of the activities at Port Canaveral on City residents/traffic. He advocated
for a moratorium on gas stations and car rental/parking facilities. He expressed a desire
for high speed rail to reduce traffic and encouraged the City Council to work with the Port
Authority to lessen the impacts. He expressed his desire for the City to stay a
bedroom/beach community.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 17, 2015
Page 2 of 5
Ava Errante spoke against additional gas stations and encouraged the development of a
park with certain amenities at the location where the gas station was proposed. Mayor
Randels suggested she visit Manatee Sanctuary Park where the amenities she listed
were already available.
Eric Braga presented a Land Planning Report that was submitted to the Board of
Adjustment (BOA)which he felt notes deficiencies in the City's Comprehensive Plan. Mr.
Braga encouraged Council Members to listen to the audio from the Planning and Zoning
Board Meeting and the BOA Meetings to see what the residents want in the City instead
of spending money on the Branding Initiative. Discussion ensued and included legal
reasons why Elected Officials did not attend the Meetings.
John Benton noted his presence at the December City Council Meeting where he
expressed concerns about Code Enforcement activity in the City and the City Council's
direction to meet with the City Manager. Mr. Benton indicated he met with the City
Manager; however, he felt the City Manager did not assist him with his concerns. City
Manager Greene indicated Mr. Benton was given clear direction on how to address his
concerns.
Suzanne Elliott thanked/congratulated the City for continuing to be named a Tree City.
She advocated for the creation of a park on the south side of the city.
PRESENTATIONS / INTERVIEWS:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for
the Fiscal Year ended September 30, 2014 — Presentation by Bernadette Britz-Parker,
James Moore & Co.: Bernadette Britz-Parker thanked Staff for all their assistance during
the Audit and provided a summary presentation of the Annual Audit for Fiscal Year ending
September 30, 2014. Comments from the Council included: thanks to Staff; compliments
to James Moore & Co for a well written report; the decline in tax revenue since 2007; that
the Report is public information and will be posted to the City's Website, once accepted;
business growth which has assisted in lower millage rates. Charles Spercel questioned
the CRA, Capital Construction and Enterprise Capital Funds balance, to which Ms. Parker
responded. A motion was made by Council Member Walsh, seconded by Council
Member Petsos, to accept the Annual Audited Financial Statements and
Independent Auditor's Report for Fiscal Year ending September 30, 2014. The
motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro
Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council
Member Walsh, For.
Proclamation designating May 2015 as "Motorcycle Safety and Awareness Month": Mayor
Randels read the Proclamation into the record and presented same to Suz Skinkle.
Proclamation designating April 7, 2015 as National Service Recognition Day in the City of
Cape Canaveral: Mayor Randels explained the purpose of the Proclamation and declared
City of Cape Canaveral, Florida
City Council Regular Meeting
March 17, 2015
Page 3 of 5
April 7, 2015 as National Service Recognition Day. He encouraged residents to recognize
the positive impacts of service and to thank those who serve/find ways to give back to the
community.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Item Two was withdrawn by Council Member Petsos.
1. Approve Minutes for Regular City Council Meeting of February 17, 2015:
2. Award Contract for construction of 2.5 Million Gallon Reclaimed Storage Tank and
WRF Filter Press Addition to Florida Design Contractors in the base bid amount of
$4,048,000 and authorize the City Manager to execute the Agreement:
3. Approve the Sole-Source purchase and installation of an Aqua Guard bar/filter
screen from Parkson Corporation in the amount of $158,454 and authorize the City
Manager to execute the Contract:
A motion was made by Council Member Petsos, seconded by Council Member
Bond, to approve Items One and Three. Rebecca Rowe asked for clarification on Item
Three and Mayor Randels withdrew same. The motion and the second were amended
to approve Item One. The amended motion carried 5-0 with voting as follows:
Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
#2 City Manager Greene explained the acquisition of grant funds to reduce the project
cost and an anticipated change order to further reduce the cost by not installing pilings
under the tank. He explained the need to store the reclaimed water; how it will reduce
outflow of wastewater to the river and receive TMDL credits for same.
#3 Mayor Randels explained the need for a bar/filter screen and why it is a Sole
Source purchase.
A motion was made by Council Member Bond, seconded by Mayor Pro Tem Hoog,
to approve Items Two and Three. The motion carried 5-0 with voting as follows:
Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
PUBLIC HEARINGS:
4. Ordinance No. 04-2015; amending Chapter 62, "Solid Waste", of the Code of
Ordinances; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, second reading: Attorney
Garganese read the Ordinance title into the record and explained its purpose. Mayor
City of Cape Canaveral, Florida
City Council Regular Meeting
March 17, 2015
Page 4 of 5
Randels noted the first reading of the Ordinance occurred on February 17, 2015; the
advertisement was in the newspaper on February 19, 2015 and opened the Public
Hearing. Rebecca Rowe asked about the collection of Electronic Waste to which Mr.
Greene indicated Public Works Services Deputy Director will contact her for further
discussion. Debbie Sanchez asked about recycling. City Manager Greene indicated
Solid Waste Collection information is on the City's Website. A motion was made by
Council Member Petsos, seconded by Council Member Walsh, for approval of
Ordinance No. 04-2015. The motion carried 5-0 with voting as follows: Council
Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor
Randels, For; and Council Member Walsh, For.
ITEMS FOR ACTION:
5. Consider Application for Reduction or Satisfaction of $77,850.00 Code
Enforcement Lien, Case No. 11-00040, 8652 N. Atlantic Avenue: The Applicant was not
present. Discussion included: the recommendation from the Code Enforcement Board
and City Staff; a reduction in the Lien would allow for the sale/occupancy of!he property;
that the property is valued less than the Lien amount; the resolution of the violations; the
desire of some Council Members to amend the Code to make more impact on properties
with violations; details of the Code Enforcement Case; and that the Applicant is the legal
owner at this time. A motion was made by Council Member Petsos, seconded by
Council Member Bond, to accept the Code Enforcement Board and Staffs
recommendations to reduce the fine to $10,000.00. The motion carried 5-0 with
voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council
Member Petsos, For; Mayor Randels, For;tknd Council Member Walsh, For.
6. Resolution No. 2015-02; supporting the State Legislature's efforts to amend
Florida Statute Section 403.7033, to provide for local regulation and enforcement of
plastic bags under the State's proposed guidelines; alternatively, should the Statute not
be amended, the City Council requests the repeal of Florida Statute Section 403.7033,
so local governments are no lonqer preempted from enacting appropriate legislation
relating to the regulation of plastic bags; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date: Attorney Garganese read the Resolution
title into the record. Discussion included whether to adopt the Resolution or utilize the
City's Legislative Advocate to convey the City's concerns to the Legislature and whether
the Space Coast League of Cities has taken a position on the issue. Council consensus
was reached to have the Legislative Advocate speak to the Legislature. The
Resolution was not adopted.
REPORTS:
Council Member Bond thanked Public Works Services Deputy Director Lonnie Dunn for
the comprehensive tour of the renovations at the Wastewater Treatment Plant;
congratulated Financial Services on the clean Audit and noted a newspaper report
City of Cape Canaveral, Florida
City Council Regular Meeting
March 17, 2015
Page 5 of 5
regarding a 1/2 Marathon to which City Manager Greene indicated an Outdoor
Entertainment Application is being reviewed for same.
Council Member Walsh thanked City Manager Greene, Economic Development Director
Morley, Community Development Director Dickey, Public Works Services Director Ratliff
and Major Ring for attending a Membership Meeting at Villages of Seaport; noted
comments from residents opposing gas stations, car rental facilities, car parking lots and
U-haul facilities; explained the information provided for Council Meetings is on the City
Website. City Manager Greene explained the purpose of the Council Meeting is a
business meeting where the City Staff has prepared information to answer questions prior
to meeting. He advocated for Citizens to research items prior to the meeting and if
needed to contact Staff Members to obtain answers to questions. Eric Braga questioned
the City Manager's practice of forwarding e-mails to the City Council
Mayor Pro Tem Petsos encouraged Citizens to read the information related to agenda
items which is posted on the City Website; noted comments from residents opposing gas
stations, car rental facilities and U-haul facilities. He handed out an ordinance adopted
by Cocoa Beach to regulate the number of fueling stations at convenience stores/gas
stations and advocated for a similar ordinance to be considered by the Planning and
Zoning Board then the City Council, to which Council Members indicated their agreement.
Mayor Randels presented Council Member Bond with a reusable bag from the City's 50th
Anniversary Celebration; noted that the City has been meeting in the Library Meeting
Room for more than five years; noted there are "make up" dates for the Ethics Training;
that he had read some interesting essays from Seventh Grade Students titled "If I was
elected Mayor" and shared the results of a study of Bus Stops for accessibility, where
Cape Canaveral was well rated.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:42 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/21/2015
Item No. 2
Subject: Approve renewal of James Moore & Co., P.L. as Independent Auditor and
authorize execution of Engagement Letter.
Department: Financial Services
Summary: On July 20, 2010 the City Council approved James Moore & Co., P.L. as
Independent Auditor for the City from FY 2010 to FY 2014. The Engagement Letter
stated the following: "This audit covers the year ending September 30, 2010 and option
years 2011, 2012, 2013 and 2014. It may be terminated by either party for
noncompliance with the terms as noted in this engagement letter. The parties will
provide 30 days' notice of their intention to terminate the engagement."
The City has received outstanding support from James Moore & Co., P.L. and desires
to have the contract renewed with the similar terms stated above and costs as follows:
The cost of the proposed audit for FY2014/2015 will remain the same as it was for
FY2013/14 audit, $45,020. The costs for the following years: 2016, 2017, 2018 & 2019
would be based on the Consumer Price Index (CPI) for All Urban Consumers, Series
ID: CUURX000SAO, not seasonally adjusted, size class B/C (between 50,000 and
1,5000,000), all items, base period December 1996 = 100, as published by the United
States Department of Labor, Department of Labor Statistics.
In the event that a federal or state single audit is required, the fee shall be increased for
an additional $3,000 per major program required to be tested. Expenditures of federal
grants that are more than $500,000 and state grants that are more than $300,000 will
require a single audit. The time at which such a fee would be incurred, is dependent
upon Capital Projects supported by grants of this magnitude and when they are
ongoing.
The 2012 Peer Review Letter is attached as stated in the engagement Letter.
Submitting Department Director: John DeLeo Date: 04/08/15
Attachment:
1. Engagement Letter
2. Peer Review Letter
Financial Impact: See above.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 04/08/15
The City Manager recommends that City Counc take the following action:
Approve renewal of James Moore & Co., P.L. as Independent Auditor and authorize
execution of Engagement Letter.
Approved by City Manager: David L. Greene Date: 4/8/15
James Moore
Cetified Public Accountants and Consultants
March 27, 2015
To the Honorable Mayor and City Council Members,
City of Cape Canaveral, Florida:
We are pleased to confirm our understanding of the services we are to provide City of Cape Canaveral,
Florida (the City) for the years ending September 30, 2015, 2016, 2017, 2018, and 2019. We will audit
the financial statements of the governmental activities, the business-type activities, each major fund, and
the aggregate remaining fund information, which collectively comprise the basic financial statements, of
City of Cape Canaveral, Florida as of and for the years ending September 30, 2015, 2016, 2017, 2018,
and 2019.
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:
I) Management's Discussion and Analysis
2) Schedule of Funding Progress
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:
1) Combining and Individual Fund Statements and Schedules
121 Executive Circle 5931 NW 1st Place 2477 Tim Gamble Place,Suite 200
Daytona Reach, FL 32114-1180 Gainesville, FL 32607-2063 Tallahassee,FL 32308-4386
Telephone: :386,257-4100 Telephone:352/378-1331 Telephone:850/386-6184
Fax 386,255-3261 Fax:352/372-3741 Fax:850/422-2074
dab@jrnco.com gnv@jmco.com tlh@jmco.com
Member of AGN International with offices in principal cities worldwide
City of Cape Canaveral, Florida
March 27, 2015
Page 2
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 our auditor's report will not
provide an opinion or any assurance on that other information.
1) The Introductory Section
2) The Statistical Section
Audit Objectives
The objective of our audit is the expression of opinions as to whether your basic 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
considered in relation to the financial statements as a whole. The objective also includes reporting on
internal control related to the financial statements and compliance with the provisions of laws, regulations,
contracts, and grant agreements, noncompliance with which could have a material effect on the financial
statements in accordance with Government Auditing Standards.
The report on internal control and compliance will include a statement that the report is intended solely
for the information and use of management, the body or individuals charged with governance, and
specific legislative or regulatory bodies, and is not intended to be and should not be used by anyone other
than these specified parties.
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; and Chapter 10.550, Rules of the Auditor General; and will
include tests of accounting records and other procedures we consider necessary to enable us to express
such opinions and to render the required reports. If our opinions on the financial statements are other than
unmodified, we will discuss the reasons with you in advance. If, for any reason which is beyond our
control, we are unable to complete the audit or are unable to form or have not formed opinions, we may
decline to express opinions or to issue a report as a result of this engagement.
Management Responsibilities
Management is responsible for the basic financial statements and all accompanying information as well as
all representations contained therein. As part of the audit, we will assist with preparation of your financial
statements and related notes. You are responsible for making all management decisions and performing
all management functions relating to the financial statements and related notes and for accepting full
responsibility for such decisions. You will be required to acknowledge in the written representation letter
our assistance with preparation of the financial statements and that you have reviewed and approved the
financial statements and related notes prior to their issuance and have accepted responsibility for them.
Further, you are required to designate an individual with suitable skill, knowledge, or experience to
oversee any nonaudit services we provide and for evaluating the adequacy and results of those services
and accepting responsibility for them.
City of Cape Canaveral, Florida
March 27, 2015
Page 3
Management is responsible for establishing and maintaining effective internal controls, including
evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met.
You are also responsible for the selection and application of accounting principles; for the fair
presentation in the financial statements of the respective financial position of the governmental activities,
the business-type activities, each major fund, and the aggregate remaining fund information of the City
and the respective changes in financial position and, where applicable, cash flows in conformity with U.S.
generally accepted accounting principles; and for compliance with applicable laws and regulations and
the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information available to us
and for ensuring that management is reliable and financial information is reliable and properly recorded.
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)additional information that
we may request for the purpose of the audit, and (3) unrestricted access to persons within the government
from whom we determine it necessary to obtain audit evidence.
Management's responsibilities include adjusting the financial statements to correct material misstatements
and confirming to us in the written 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 taken 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 or illegal acts affecting the government
involving (1) management, (2) employees who have significant roles in internal control, and (3) others
where the fraud or illegal acts 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 entity complies
with applicable laws, regulations,contracts, agreements, and grants.
Although we will assist, you are 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 OR make the audited financial statements readily available to users of the supplementary
information no later than the date the supplementary information is issued with 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) that you
believe the supplementary information, including its form and content, is fairly presented in accordance
with GAAP; (3) that 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.
City of Cape Canaveral, Florida
March 27, 2015
Page 4
Management is responsible for establishing and maintaining a process for tracking the status of audit
findings and recommendations. Management is also responsible for identifying for us 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.
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 rather than absolute assurance about whether the financial statements are free of
material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of
assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by
management or employees acting on behalf of the entity. 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 material
misstatements 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
statements or major programs. However, we will inform the appropriate level of management and the
City Council of any material errors or 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. 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, 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 the financial statements and related
matters.
City of Cape Canaveral, Florida
March 27, 2015
Page 5
Audit Procedures—Internal Controls
Our audit will include obtaining an understanding of the entity 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.
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 the City
Council and those charged with governance internal control related matters that are required to be
communicated under AICPA professional standards and Government Auditing Standards.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material
misstatement, we will perform tests of City's compliance with provisions of applicable laws, regulations,
contracts, and agreements, including grant agreements. However, the objective of those procedures 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.
Examination Procedures—Compliance with Section 218.415, Florida Statutes
You have also requested that we examine compliance with Section 218.415, Florida Statutes, Local
Government Investment Policies, of the City for the years ended September 30, 2015, 2016, 2017, 2018,
and 2019. We are pleased to confirm our acceptance and our understanding of this examination
engagement by means of this letter. Our examination will be conducted with the objective of expressing
an opinion as to whether the City complied in all material respects with Section 218.415, Florida Statutes,
Local Government Investment Policies.
Examination Procedures—Practitioner Responsibilities
We will conduct our examination in accordance with the attestation standards related to examinations of
the American Institute of Certified Public Accountants. An examination-level attestation engagement
involves performing procedures to obtain attest evidence about whether compliance with Section 218.415,
Florida Statutes, Local Government Investment Policies is fairly presented, in all material respects, in
conformity with Section 218.415, Florida Statutes, Local Government Investment Policies. The
procedures selected depend on the practitioner's judgment, including the assessment of the risks of
material misstatement or misrepresentation of the subject matter, whether due to fraud or error.
Because of the inherent limitations of an examination, together with the inherent limitations of internal
control, an unavoidable risk that some material misstatements or misrepresentations may not be detected
exists, even though the examination is properly planned and performed in accordance with the attestation
standards related to examinations of the American Institute of Certified Public Accountants. However, we
will inform you of any material errors or fraud that comes to our attention, unless clearly inconsequential.
City of Cape Canaveral, Florida
March 27, 2015
Page 6
Examination Procedures—Management Responsibilities
Our examination will be conducted on the basis that management and, when appropriate, those charged
with governance acknowledge and understand that they have responsibility:
a. For the preparation and fair presentation of the Section 218.415, Florida Statutes, Local
Government Investment Policies in accordance with Section 218.415, Florida Statutes, Local
Government Investment Policies;
b. For the design, implementation, and maintenance of internal control relevant to Section 218.415,
Florida Statutes,Local Government Investment Policies, which is the best means of preventing or
detecting errors or fraud;
c. For selecting and determining the suitability and appropriateness of the criteria upon which the
Section 218.415, Florida Statutes,Local Government Investment Policies will be evaluated; and
d. To provide us with:
i. Access to all information of which management is aware that is relevant to the Section
218.415, Florida Statutes, Local Government Investment Policies such as records,
documentation, and other matters and that you are responsible for the accuracy and
completeness of that information;
ii. Additional information that we may request from management for the purpose of the
examination; and
iii. Unrestricted access to persons within the entity from whom we determine it necessary to
obtain attest evidence.
As part of our examination process, we will request from management regarding Section 218.415, Florida
Statutes, Local Government Investment Policies, written confirmation concerning representations made to
us in connection with the examination.
Examination Procedures—Reporting
We will issue a written report upon completion of our examination of Section 218.415, Florida Statutes,
Local Government Investment Policies. Our report will be addressed to the City. We cannot provide
assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary
for us to modify our opinion, add an emphasis-of-matter or other-matter paragraph(s), or withdraw from
the engagement.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we
request and will locate any documents selected by us for testing. We also understand that your employees
will assist with preparation of schedules and workpapers required for the completion of the
comprehensive annual financial report.
City of Cape Canaveral, Florida
March 27, 2015
Page 7
We will provide copies of our reports to the City; however, management is responsible for distribution of
the reports and the financial statements. Unless restricted by law or regulation, or containing privileged
and confidential information, copies of our reports are to be made available for public inspection.
The audit documentation for this engagement is the property of James Moore & Co., P.L. (JMCo) and
constitutes confidential information. However, we recognize that should any portion of the audit
documentation be shared with and also used by the City, such portion of the audit documentation may be
deemed to be public record under the Florid Public Records Law. Notwithstanding the confidential nature
of the audit documentation, pursuant to authority given by law or regulation, we may be requested to
make certain audit documentation available to 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 JMCo personnel.
Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned
parties. These parties may intend, or decide, to distribute the copies or information contained therein to
others, including other governmental agencies.
It is the policy of James Moore & Co. P.L. (the Firm), to keep records related to this engagement for
seven years after the completion of our services (the "retention period"), as specified by the Firm's
Record Retention and Destruction Policy. However, the Firm does not keep any original client provided
records. Client provided records will be returned to you at the completion of the engagement. Records
prepared by us specifically for you as part of this engagement(for example,financial statements and other
financial reports, general ledgers, depreciation schedules, etc.) and other supporting records prepared by
us (for example, adjusting entries and related support, data combining schedules, calculations supporting
amounts in financial statements, etc.) will remain part of the engagement records. When any records are
returned or provided to you, it is your responsibility to retain and protect them for possible future use,
including potential examination by any government or regulatory agencies. At the expiration of the
retention period, the related engagement records will be destroyed. However, the related engagement
records will not be destroyed regardless of the retention period, if the Firm has knowledge of potential or
pending litigation and/or investigation by a regulatory agency, and it has been determined by the Firm
that the records in question are relevant to said litigation and/or investigation. If it is determined that the
records in question are relevant to the litigation and/or investigation, the Firm will impose a litigation
hold on the records thereby suspending the scheduled destruction of the records. As potential or pending
litigation or investigation may not be public knowledge, we request that you inform us of any such
litigation or investigation in a timely manner. Likewise, as it may not be public knowledge when the
litigation or an investigation has been concluded, we request that you inform us when all litigation or
investigation has been concluded so that the litigation hold may be lifted and the records related to our
engagement destroyed in accordance with our Record Retention and Destruction Policy. Your signature
below authorizes us, that upon the expiration of the seven year period, the Firm is free to destroy all
records related to this engagement.
Bernadette Britz-Parker is the engagement partner and is responsible for supervising the engagement and
signing the reports or authorizing another individual to sign them.
City of Cape Canaveral, Florida
March 27, 2015
Page 8
Our fee for these services will be $45,020 for the year ending September 30, 2015. Our fees for the
subsequent years ended September 30, 2016 through 2019 will be adjusted each year hereafter according
to the Consumer Price Index (CPI). CPI shall mean the Consumer Price Index — All Urban Consumers,
Series ID: CUURX000SAO, not seasonally adjusted, size class B/C (between 50,000 and 1,5000,000), all
items, base period December 1996 = 100, as published by the United States Department of Labor,
Department of Labor Statistics. In the event a federal or state single audit is required, the fee shall be
increased by an additional $3,000 per major program required to be tested. 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. If we elect to terminate our services for nonpayment, our
engagement will be deemed to have 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 fee is based on
anticipated cooperation from your personnel and the assumption that unexpected circumstances will not
be encountered during the audit. 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. This contract may be extended, upon the
mutual consent of both parties, for an additional 5-year period.
This engagement letter covers the audits for the years ending September 30, 2015, 2016, 2017, 2018, and
2019. This contract is cancellable by either party with 30 days' written notice of their intention to
terminate the engagement.
Government Auditing Standards require that we provide you with a copy of our most recent external peer
review report and any letter of comment, and any subsequent peer review reports and letters of comment
received during the period of the contract. Our 2012 peer review report accompanies this letter.
We appreciate the opportunity to be of service to the City of Cape Canaveral, 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,
[signature]
JAMES MOORE & CO., P.L.
RESPONSE:
This letter correctly sets forth the understanding of the City of Cape Canaveral, Florida.
By:
Title:
Date:
Emailed to John and David on
7/30/2012
American Institute of 3820 I-55 North,Suite I00
Certified Public Accountants EUBANK BETTS Jackson. MS 39211
Mississippi Society of Post Office Box 111090
Certified Public Accountants Eubank, Betts, Hint, Wood, PLLC Jackson,MS 39236-6090
A Prnfessinnal Limited l.iabi(ity Company Phone: 601-987-4300
An Independent Member CERTIFIED PUBLIC ACCOUNTANTS Fax: 601-987-4314
CPA Associates inrernational,Inc.,
A Worldwide Association of Accounting Firms www.eubankbetts.com
SYSTEM REVIEW REPORT
January 19, 2012
To the Members of
James Moore& Co.,PL.
and the National Peer Review Committee
We have reviewed the system of quality control for the accounting and auditing practice
of James Moore & Co., PL (the firm) in effect for the year ended October 31, 2011. Our
peer review was conducted in accordance with the Standards for Performing and
Reporting on Peer Reviews established by the Peer Review Board of the American
Institute of Certified Public Accountants. The firm is responsible for designing a system
of quality control and complying with it to provide the firm with reasonable assurance of
performing and reporting in conformity with applicable professional standards in all
material respects. Our responsibility is to express an opinion on the design of the system
of quality control and the firm's compliance therewith based on our review. The nature,
objectives, scope, limitations of, and the procedures performed in a System Review are
described in the standards at www.aicpa.org/prsummary.
As required by the standards, engagements selected for review included engagements
performed under the Government Auditing Standards and audits of employee benefit
plans.
In our opinion, the system of quality control for the accounting and auditing practice of
James Moore & Co., PL in effect for the year ended October 31, 2011, has been suitably
designed and complied with to provide the firm with reasonable assurance of performing
and reporting in conformity with applicable professional standards in all material
respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. James
Moore & Co., PL has received a peer review rating of pass.
[4 signatures]
EUBANK, BETT , HIRN, WOOD, PLLC
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 04/21/2015
Item No. 3
Subject: Approve the Sole-Source purchase of two positive displacement blowers from
Universal Blower Pac, Inc. in the amount of $43,615 and authorize the City Manager to
execute the Contract.
Department: Public Works Services
Summary: The existing sludge holding blower system at the City's wastewater
treatment plant (WWTP) consists of the following blowers:
• One, larger horse-power blower used to keep sludge in the digester from
becoming septic;
• One, larger horse-power blower maintained in standby status; and
• Three, smaller horse-power blowers used in (1) the 2nd anoxic basin to reduce
nitrogen concentrations and (2) the effluent transfer basin to add dissolved
oxygen prior to discharge to the Banana River.
In general, the purpose of the sludge blowers is to supply air to the sludge holding tank,
the 2nd anoxic basin and the effluent transfer basin through a diffused air system. The
air provides for aerobic conditions as well as secondary mixing of treated wastewater.
The existing Universal Blower Pac, Inc. (UBP) sludge blowers at the City's wastewater
treatment plant (WWTP) were installed in 1996 and require replacement. In FY14-15,
one, larger horse-power blower will be purchased along with one, smaller horse-power
blower as described above. The remaining blowers (3) will be budgeted in future years.
The existing UBP blowers have been reliable and have performed well since initial
installation in the mid-1990s. Therefore, Staff is recommending the purchase of similar-
type blowers from UBP which can be installed with limited disruption to the WWTP. This
turnkey approach to replace the existing blowers is being recommended as a sole-
source purchase from UBP. Funds for this Project are from the City's Wastewater
Enterprise Fund. UBP's cost estimate for the turnkey operation is included as
Attachment #1. This cost estimate also includes a further description of the blowers to
be installed. A Sole-Source Letter as prepared by UBP is included as Attachment #2.
(Note: TSC Jacobs North is UBP's exclusive representative for municipal products in
the State of Florida.)
Submitting Department Director: Jeff Ratliff Date: 03/27/15
Attachments:
#1 — Universal Blower Pac, Inc. Cost Estimate
#2 — Sole-Source Letter
Financial Impact: $43,615 to purchase two positive displacement blowers from
Universal Blower Pac, Inc. funded by the Wastewater Fund. Staff time and effort to
prepare this Agenda Item
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 4/14/15
City Council Meeting Date: 04/21/2015
Item No. 3
Page 2 of 2
The City Manager recommends that City Council take the following action:
Approve the Sole-Source purchase of two positive displacement blowers from Universal
Blower Pac, Inc. in the amount of $43,615 and authorize the City Manager to execute
the Contract.
Approved by City Manager: David L. Greene Date: 4/6/15
Attachment #1
Universal Blower Pac, Inc. Cost Estimate
[Universal Blower Pac, Inc. logo]
The Original Manufacturer
QUOTE
To: TSC Jacobs
Date: 30 January 2015
Reference: Cape Canaveral, FL WWTP
Quotation: U50130-1
Submittal: 3-5 weeks from receipt of purchase order.
O&Ms: Sent 2-4 weeks from receipt of order
Ship: Currently, 7-12 weeks from receipt of order
Freight: Pricing good for six months from quote date.
Terms: Net 30, valid for 30 days unless notified. If approval
and release of equipment to production and/or shipping
exceeds 6 months, pricing will most likely be affected
per the Industrial and Commercial Fan & Blower Mfg as
posted by the Bureau of Labor Statistics.
Qty: 1 Universal Blower Pac 3C-Pac to provide 173 ICFM at 6
PSIG. The material and services included are:
Filter/Silencer
95173A-B Duplicate Compressor
Internal Flex Joint
7-1/2 HP ODP PE 1800 rpm 460/60/3 Motor
V-Belt Drive w/ Automatic Tension
Base and Guard
Vibration Isolation Mounts
Discharge Silencer
Relief Valve
2-1/2 Inch Check Valve
2-1/2 Inch Butterfly Valve
Pressure, Temperature Gauges
3C-Pac 3C1 Acoustical Enclosure w/ 120/60/1 Fan
440 Park 32 West Drive I Noblesville, IN 46062-9252 I PH 317-773-7256 I FX 317-776-5086
website:www.universalblowerpac.com email:sales@universalblowerpac.com
[Universal Blower Pac, Inc. logo]
The Original Manufacturer
QUOTE
To: TSC Jacobs
Date: 30 January 2015
Reference: Cape Canaveral, FL WWTP
Quotation: U50130-1
Qty: 1 Universa]. Blower Pac 3C-Pac to provide 919 ICFM at 8.5
PSIG. The material and services included are:
Filter/Silencer
95173C Duplicate Compressor
Internal Flex Joint
50 HP ODP PE 1800 rpm 460/60/3 Motor
V-Belt Drive WI Automatic Tension
Base and Guard
Vibration Isolation Mounts
Discharge Silencer
Relief Valve
5-Inch Check Valve
5-Inch Butterfly Valve
Pressure, Temperature Gauges
3C-Pac 3C3 Acoustical Enclosure w/ 120/60/1 Fan
Unit(s) shipped assembled. All equipment finish painted and skid
mounted for domestic shipment.
Total (Includes Freight. . . $ 43,615.00
and Start-Up)
440 Park 32 West Drive I Noblesville, IN 46062-9252 I PH 317-773-7256 I FX 317-776-5086
website:www.universalblowerpac.com email:sales@universalblowerpac.com
[brochure]
[brochure]
[diagrams]
[diagrams]
[diagrams]
[diagrams]
QUOTATION NO.: U50130-1
Please return one signed copy of this purchase order to Universal Blower Pac (UBP) at the address
below. Refer to this quotation, date, and related correspondence.
ISSUED BY: Andrew Placek ACCEPTED BY: Herin called the buyer
Universal Blower Pac
440 Park 32 W Dr.
Noblesville ,IN 46062
[signature]
NAME: Andkew Placek TITLE:
TITLE: Lead WWTP Sales Eng. DATE:
PHONE: (317)773-7256
EMAIL: aolacek@universalbloweroac.com
FAX: 317-776-5086
DATE: 27-Mar-15
ENCLOSURES Standard Conditions of Sale,Quotation Addendums,Clarifications and Exceptions
LOCAL REP: Paul C.Wachter,P.E.
TSC Jacobs North
24156 SR 54
Suite 3
Lutz,FL 33559
813-242-2660
paultscin@verizon.net
Attachment #2
Sole Source Letter
[Universal Blower Pac, Inc. logo]
The Original Manufacturer
440 Park 32 West Drive
Noblesville, IN 46060
February 2, 2015
TSC Jacobs North
24156 SR 54, Suite 3
Lutz, FL 33559
Att: Paul Wachter, P.E.
RE: Cape Canaveral, FL WWTP/Universal Blower Pac 3C-Pac Blowers
Dear Paul,
Universal Blower Pac, Inc. ("UBP") is the original manufacturer for the existing positive
displacement blower systems at subject facility. UBP is the only source for duplication of
these original systems or upgrade to 3C-Pac blower systems. TSC Jacobs is UBP's
exclusive representative for municipal products in the State of Florida.
UBP is the owner of the 3C-Pac trademark and Universal Blower Pac trademark in
connection with engineering services and manufacture/distribution of among other things,
industrial blower systems, and noise attenuating enclosures. UBP is the sole manufacturer
of the 3C-Pac line of blower systems.
Please contact me if you have any questions.
Cordially,
Andrew Placek, PE
Lead WTP Sales Engineer
Universal Blower Pac, Inc.
440 Park 32 West Drive I Noblesville, IN 46062-9252 | PH 317-773-7256 | FX 317-776-5086
website:www.universalblowerpac.corn email:aplacek@universalblowerpac.com
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/21/2015
Item No. 4
Subject: Award contract for construction of Lift Station Nos. 6 and 7 Improvements to
Atlantic Development of Cocoa, Inc. in the amount of $1,152,194.76 and authorize the
City Manager to execute the Construction Agreement for same.
Department: Public Works Services
Summary: Public Works Services (PWS) invited qualified licensed contractors, in
accordance with the City's Purchasing Policy and Florida Statutes, to submit bids for the
(1) replacement of Lift Station No. 6 (Imperial Boulevard), (2) installation of over 900
feet of sanitary sewer and potable water lines to primarily service the new hotel being
constructed along Astronaut Boulevard/SR A1A and (3) replacement of Lift Station No.
7 (intersection of Thurm Boulevard and West Central Boulevard) with relocation to the
southeastern corner of Manatee Sanctuary Park.
Replacement and upsizing of Lift Station No. 6 will increase the sewer system capacity
to accommodate anticipated economic growth in the Imperial Boulevard area and the
north-central portion of the City. Replacement, upsizing and relocation of Lift Station No.
7 will increase the sewer system capacity to accommodate anticipated economic growth
in the northwestern portion of the City and place the Lift Station on City-owned property.
Staff advertised this re-bid opportunity on March 6, 2015 by posting (1) a legal ad in the
Florida Today newspaper, (2) a notice on the City's web page and (3) bid information
online with Onvia, Inc., bid service. Five sealed bids were received by the City Clerk's
Office and publicly opened at the PWS WWTP Training Room on March 27, 2015. PWS
Staff and the City's engineering consultant analyzed each bid and recommend that the
City contract with Atlantic Development of Cocoa, Inc. which provided the low bid in the
amount of $1,152,194.76. A summary of the five sealed bids submitted for the Project
and a Recommendation Letter from the City's consultant are included in Attachment #1.
A proposed Construction Agreement is included as Attachment #2.
Submitting Department Director: Jeff Ratliff Date: 03/30/15
Attachments:
#1 — Bid Summary and Recommendation Letter; #2 — Construction Agreement.
Financial Impact: $1,152,194.76 for construction of Lift Station Nos. 6 and 7
Improvements awarded to Atlantic Development of Cocoa, Inc. funded by the
Wastewater Fund. Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 4/1/15
The City Manager recommends that City Council take the following actions:
Award Contract for construction of Lift Station Nos. 6 and 7 Improvements to Atlantic
Development of Cocoa, Inc. in the amount of $1,152,194.76 and authorize the City
Manager to execute the Construction Agreement for same.
Approved by City Manager: David L. Greene Date: 4/8/15
Attachment #1
Bid Summary and Recommendation Letter
City of Cape Canaveral
Bid Tally Shee t- LIFT STATION NOS.6 AND 7 IMPROVEMENTS
Bid No.2015-05
WWTP Training Room 601 Thurm Boulevard
March 27,2015 (2:15 PM)
Firm Location Bid Amount Bid Alternate
Atlantic Dev. of Cocoa, Inc. Cocoa, FL 1,152,194,76
Villaeas Construction, Inc. Leesburg, FL 1,267,700.00
Prime Construction Group, Inc. Orlando, FL 1,199,655.00
Hinterland Group. Cocoa, FL 2,404,650.00
TLC Diversfield, Inc. Palmetto, FL 1,692,650.00
Page 1 of 1
TETRA TECH
March 30,2015
Mr.Jeff Ratliff
Public Works Services Director
City of Cape Canaveral
601 Thum Boulevard,
Cape Canaveral,FL 32920
Subject: City of Cape Canaveral
Lift Station No.6 and 7 Improvements,Bid No.2015-05
Recommendation of Award
Tt# 200-52528-14001
Dear Mr.Ratliff:
Five bids have been received for the above-referenced project. We have reviewed the lowest apparent bid
submitted to the City of Cape Canaveral(City)on March 27.2015. Atlantic Development of Cocoa,Inc.
was the apparent low bidder with a total bid of $1,152,194.76 with Prime Construction Group, Inc.,
Villages Construction.Inc.and TLC Diversified.Inc.being the second,third,and fourth apparent lowest
bidders at$1,199,655.00,$1.267,700.00,and$1,692.850.00,respectively.
The City prepared bid tabulation is attached hereto. Tetra Tech has verified the sum of individual bid
items add up to the repotted totals for all five bids with one exception,which does not affect their total
bid and the overall rankings. By mistake, Villages Construction Inc. reported Lift Station No. 6
Improvements total as x$,200.00 instead of the correct sum as $682,200 (lower by $1,000.00).
However,correct amount($689,200)was used in the reported total bid(1,267,700.00).
Tetra Tech called three of six listed references.References provided by Atlantic Development of Cocoa,
Inc. mentioned using them for emergency type utility projects. Overall, the feedback is positive. They
get high marks in communicatiodcoonlinatioo, quality, and schedule. They are well regarded general
contractor in the local Cocoa area. The consensus is that the projects performed by Atlantic Development
of Cocoa, Inc. were completed to the satisfaction of the utility Owners. Based on the evaluation, our
recommendation is that the project be awarded to Atlantic Development of Cocoa,Inc. in the amount of
$1.152,194.76.
If you have any questions or comments,please do not hesitate to call.
Very truly yours,
Tetra Tech
Rasesh R.Shah,P.B.
Project Manager
C: Lonnie Dunn.,City of Cape Canaveral,
Mike Saxton,P.E.,Tetra Tech,
Susan Hayse,Tetra Tech
Tetra Tech, Inc.
201E Pine Street Suite 1000,Orlando.FL 3280
Tel: 407.839.3955 Fax: 407.939.3790 www.tetratech.corn
Attachment #2
Construction Agreement
Bid#2015-05 Lift Station Nos. 6 and 7
Cape Canaveral, Florida
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2015 between the CITY OF CAPE CANAVERAL,
a Florida municipal corporation (herein referred to as CITY) and Atlantic Development of Cocoa, Inc., a State
Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein
referred to as CONTRACTOR),as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract
Documents for the construction of improvements to Lift Station Nos. 6 and 7, as set forth in the Scope
of Services, attached hereto as Exhibit"A",and fully incorporated by this reference("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; the Engineering Plan and Drawings prepared by Tetra Tech, Inc., dated
March 2015; Bid #2015-05 Documents issued by the City; Contractor's Bid Submittal; General
Conditions, if any; Supplemental Terms and Conditions by the City, if any; and all Change Orders
approved by the City after execution of this Agreement. These Contract Documents are hereby
incorporated into this Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving
precedence in the following order:
a. Agreement Exhibits and Addenda; Contractor's Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions;
d. General Terms and Conditions;or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors,
ambiguities, or discrepancies be found in the Agreement or specifications, the CITY at its sole
discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR
hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance
with the decision of the CITY.When the material, article, or equipment is designated by a brand name
and more than one brand name is listed, it will be understood that the work is based on one brand
name only.The CONTRACTOR will be responsible for all coordination necessary to accommodate the
material, article, or equipment being provided without additional cost to the CITY. A substitute material,
article, or equipment is allowed if it is reasonably equivalent to the brand name specified.The CITY has
full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the
CITY prior to use of the substitute for a specified brand name and allow the CITY to make a
determination before CONTRACTOR uses the substitute.
5. CONTRACT TIME-The CONTRACTOR shall begin work within fourteen (14)days after the issuance
of a written Notice to Proceed and shall complete the Work as follows:
• Lift Station No. 6: Substantial completion — December 31, 2015; final completion — January 31,
2016.
• Lift Station No. 7:Substantial completion—April 30, 2016;final completion—May 31,2016.
Extensions, if any, are authorized by City,and may only be granted in writing.
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6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this
Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the
time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a
legal or arbitration preceding the actual loss suffered by CITY if the Work is not substantially completed
on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY One-Hundred
Dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for final
completion until the work is finally complete, and that CITY has paid to CONTRACTOR the
consideration of Ten($10.00)Dollars as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order, the Total
Contract Price of one million, one hundred fifty two thousand, one hundred ninety four dollars and
seventy six cents ($1,152,194.76). Payments will be made to the CONTRACTOR for actual quantities
installed on the basis of the Schedule of Unit Prices included as a part of the Bid,which shall be as fully
a part of the Contract as if attached or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the
right to revoke and terminate this Agreement and rescind all rights and privileges associated with this
Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and
terminate this Agreement in the following circumstances, each of which shall represent a default and
breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven(7)calendar days after written notice
from the CITY specifying the default complained of, unless, however, the nature of the default is
such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7)calendar
days, in which case the CONTRACTOR shall have such time as is reasonably necessary to
remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such
actions as are necessary therefore;or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors
or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts;or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing
the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the CITY;or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing
its obligations under this Agreement;or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right, or
remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have
the right to exercise any other remedy the CITY may have by operation of law, without limitation, and
without any further demand or notice. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for
Work properly performed prior to the effective date of termination.
9. FORCE MAJEURE -Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
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explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary
breakdown of or damage to CITY 's affiliates' generating plants, their equipment or facilities; court
injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay
is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days,
either party may terminate this Agreement.
10. SEVERABILITY- In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and
option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement.
The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully
enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project
Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompt and proper payments for labor, materials, or equipment
furnished him;
d. Another Contractor is damaged by an act for which Contractor is responsible;
e. Claims or liens are filed on the job;or
f. In the opinion of the City of Cape Canaveral, Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in
accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the
project, CITY shall reduce to 5%the amount of the retainage withheld from each subsequent progress
payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in
part, and the project is subject to laws and regulations contrary to the Act. The term"50%completion of
the project" shall mean the point at which the CITY has expended 50% of the total cost of the
construction services purchased under this Agreement together with all costs associated with existing
change orders and other additions or modifications to the construction services provided for in this
Agreement.After 50%completion, the Contractor may present to the CITY a payment request for up to
one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The
remaining retainage amount withheld shall be released with the Final Payment after the issuance of the
Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days
after the work is fully and properly completed, if the contract has been fully and timely performed, but
subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY
a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all
labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to
CITY indemnifying him against such claims.
By making payments, CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
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By making payments, CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents:
c. Outstanding claims of liens;or
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY-The duties and authority of the CITY are as follows:
a. General Administration of Contract. The primary function of the CITY is to provide the
general administration of the contract. In performance of these duties, Lonnie Dunn or his
authorized representative is the CITY's Project Manager during the entire period of construction.
The CITY(CITY)may change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The CITY will not be responsible for the means of construction, or for the sequences, methods,
and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance
with the Contract Documents.
c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at
all times during work preparation and progress. The Project Manager is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting on
work progress, and any such inspections shall not waive CITY's claim regarding defective work by
Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between Contractor and CITY.
e. Resection and Stoppage of Work. The CITY shall have authority to reject work which in its
opinion does not conform to the Contract Documents, and in this connection may stop the work or
a portion thereof,when necessary.
f. Payment Certificates.The CITY will determine the amounts owing to CONTRACTOR as the
work progresses, based on CONTRACTOR's applications and CITY's inspections and
observations, and will issue certificates for progress payments and final payments in accordance
with the terms of the Contract Documents.
14. PROGRESS MEETING—CITY'S Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the CITY, during the term of work entered into under this
Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such
meetings as designated by the CITY'S Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means,for the coordination of all work. CONTRACTOR shall supervise and direct
the work,and give it all attention necessary for such proper supervision and direction.
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b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person unfit or
without sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities, including
water, transportation, and all other facilities and work necessary for the proper completion of work
on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for
CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year
after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior,written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by
CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions
performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the
situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY
and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and
defend the CITY, its officers,agents, officials, representatives, employees, and/or attorneys against any
and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not
limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain,
incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of
CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or
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employees in the execution, performance or non-performance or failure to adequately perform
CONTRACTOR's obligations pursuant to this Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own expense
or to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims
of liability and all suits and actions of every name and description that may be brought against the
CITY, its officers, agents, officials, representatives, employees, and/or attorneys which may result from
the services under this Agreement whether the services be performed by the indemnifying party or
anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to
choose legal counsel of its sole choice, the fees for which shall be subject to and included with this
indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive
termination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly
authorized by the board of directors and/or president of CONTRACTOR. In support of said
representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of
good standing provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND-CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved
by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the
Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing
the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed
under this Agreement whether such Work is performed by the CONTRACTOR or by anyone
directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the CONTRACTOR
from claims for damages for bodily injury, including wrongful death, as well as from claims from
property damage, which may arise from the ownership, use, or maintenance of owned and non-
owned automobiles, including rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
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c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's Liability
Insurance in the minimum amount of$2,000,000 for all of its employees performing Work for the
CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein identified
shall be maintained during the term of this Agreement.A copy of a current Certificate of Insurance shall
be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfied the
insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days
prior to any expiration date. There shall also be a 30-day advance written notification to the CITY in the
event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an
additional named insured on all stipulated insurance policies as its interest may appear, from
time to time,excluding workers'compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions
contained in this paragraph section 24.
25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will participate in mediation. The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through
mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for
Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action
or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando,
Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the
non-prevailing party the costs and expenses of such action including, but not limited to, reasonable
attorney's fees,whether at settlement, trial or on appeal.
28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable
party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual
relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent
contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and
their employees are independent contractors and not employees of the CITY. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners,
employees, or agents, during or after the performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes, Contractor
agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound
recordings, data processing software, or other material, regardless of the physical form, characteristics,
or means of transmission, made or received pursuant to this Agreement or in connection with any
funds provided by the City pursuant to this Agreement may be considered public records pursuant to
Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that
ordinarily and necessarily would be required by the City in order to perform the services required by this
Agreement. Contractor also agrees to provide the public with access to public records on the same
terms and conditions that the City would provide the records and at a cost that does not exceed the
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cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also
ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all
requirements for retaining public records and transfer, at no cost, to the City all public records in
possession of the Contractor upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City. If Contractor does not comply with a public records
request, the City shall have the right to enforce the provisions of this Paragraph. In the event that
Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the
provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages
for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with
the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party
attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against
Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's
fees and damages which the City was required to pay a third party because of Contractor's failure to
comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this
Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall be construed as a waiver of the CITY'S right to sovereign immunity
under Section 768.28, or other limitations imposed on the CITY'S potential liability under state or
federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or
interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment,
or portion thereof, to any one person for more than two hundred thousand dollars($200,000.00), or any
claim or judgment, or portion thereof,which, when totaled with all other claims or judgments paid by the
State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum
of three hundred thousand dollars($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this
Agreement shall not be considered a waiver of that term, condition, or provision in the future. No
waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of each party hereto. This Agreement may be
executed in any number of counterparts, each of which when so executed and delivered shall be
considered an original agreement; but such counterparts shall together constitute but one and the
same instrument.
35. DRAFTING -CITY and CONTRACTOR each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement
shall be in writing and shall be deemed given under the following circumstances: when delivered in
person; or three (3) business days after being deposited in the United States Mail, postage prepaid,
certified or registered; or the next business day after being deposited with a recognized overnight mail
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or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission; and addressed as follows (or to such other person or at such other
address, of which any party hereto shall have given written notice as provided herein):
For City: For Contractor:_
City of Cape Canaveral
David Greene, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1248 Fax:
Either party may change the notice address by providing the other party written notice of the change.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first
above written.
CONTRACTOR:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By:
David L. Greene, City Manager
By:
Angela Apperson, City Clerk
Date
City of Cape Canaveral/Contractor
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: City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/21/2015
Item No. 5
Subject: Award Sole-Source contract for rehabilitation of the stormwater pipe along
West Central Boulevard to IPR Southeast, Inc. in the amount of $241,825 and authorize
the City Manager to execute the Construction Agreement for same.
Department: Public Works Services.
Summary: Engineering drawings and bid specifications were previously completed by
Stottler Stagg & Associates to excavate and replace the stormwater pipe located along
the northern side of West Central Boulevard from Brown Circle to the Central Ditch. The
42"148" diameter pipe drains a large segment of West Central Boulevard, the industrial
area to the north and the commercial area to the south. The pipe is constructed of
corrugated iron, is corroded and contains "leaks" in several locations; utilities also were
drilled through the pipe in a number of locations. In addition, numerous utilities
(including utility poles) are located immediately adjacent to and above the existing pipe.
Due to these and other pipe location issues (e.g., high water table), Staff elected to
investigate possible construction methods other than excavating and replacing the
metal stormwater pipe.
Staff contacted IPR Southeast, Inc. (IPR) to obtain information on their in-situ methods
of pipe restoration. IPR has completed a number of large pipe rehabilitation projects at
sites throughout Florida including at Naval Air Station Cecil Field in Jacksonville, FL.
After numerous discussions and meetings with IPR staff, it was determined that the use
of a geopolymer was suitable to restore the stormwater pipe located along West Central
Boulevard. This in-situ method uses a geopolymer, which is a high performance fiber
reinforced mortar specifically designed for the structural rehabilitation of underground
pipes. After the physical patching of larger "leaks" in the stormwater pipe, the
geopolymer is mechanically sprayed along the inside of the pipe to a thickness of one
inch. Upon curing for a period of approximately 24 hours, the compressive strength of
the geopolymer reaches 3,500 pounds per square inch (psi); after 28 days, the
compressive strength of the geopolymer reaches 8,000 psi. These compressive
strength values are twice that of standard reinforced concrete pipe (RCP). In addition,
the geopolymer is smoother than corrugated metal, thus improving stormwater flow. The
lack of joints in the geopolymer also leads to less pipe failure than in standard RCP.
Generally speaking, a new concrete pipe is constructed within the old stormwater pipe
without disrupting any surface infrastructure (e.g., sidewalks, curbing and utility poles).
The location of the stormwater pipe along West Central Boulevard is shown in
Attachment #1. Geopolymer product information and case studies are included in
Attachment #2.
Funding. This project is the third to be initiated with funds from the City's loan from the
State Revolving Fund (SRF) Program. The City has initiated two other SRF Program
projects including (1) construction of a 2.5 million gallon reclaimed water storage tank
and (2) the expansion of the Sludge Belt Press Building; both project sites are located at
the City's wastewater treatment plant (VWVTP). IPR's cost estimate for completion of
this stormwater pipe rehabilitation project is included in Attachment #2.
City Council Meeting Date: 04/21/2015
Item No. 5
Page 2 of 2
It should be noted that sole-source approval is not typically awarded for projects in the
SRF Program by Florida Department of Environmental Protection (FDEP). City Staff
had several conversations with and convinced FDEP Staff that use of a geopolymer
was the best and most cost-effective method available for rehabilitation of the West
Central Boulevard stormwater pipe in lieu of excavation and replacement. A letter
forwarded to FDEP by the City Engineer requesting the sole-source designation is
included in Attachment #3. FDEP approval letter of the sole-source request is also
included in Attachment #3. A proposed Construction Agreement for the project is
included in Attachment #4.
Submitting Department Director: Jeff Ratliff Date: 04/07/15
Attachments:
#1 — Project Work Area
#2 — IPR Southeast, Inc. Cost Estimate and Product Documentation
#3 — Sole-Source Documentation
#4 — Construction Agreement
Financial Impact: $241,825 for the award of a sole-source contract for rehabilitation of
the stormwater pipe along West Central Boulevard to IPR Southeast, Inc. funded by the
State Revolving Fund (SRF) Program. Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 4/14/15
The City Manager recommends that City Coun it take the following actions:
Award Sole-Source contract for rehabilitation of the stormwater pipe along West Central
Boulevard to IPR Southeast, Inc. in the amount of $241 ,825 and authorize the City
Manager to execute the Construction Agreement for same.
Approved by City Manager: David L. Greene Date: 4/14/15
Attachment #1
Project Work Area
[map]
Attachment #2
• IPR Southeast, Inc. Cost Estimate
• Product Documentation
IPR SOUTHEAST
April 6,2015
John Pekar,P.E.
102 Columbia Drive#207
Cape Canaveral, FL 32920
Proposal: Central Boulevard Storm Improvements
Cape Canaveral, Florida
EcoCast Rehab-REVISED
Dear John,
IPR Southeast LLC(IPR SE)is pleased to offer the following revised proposal to provide EcoCast
rehabilitation services of the storm pipe for the above referenced protect
Scope of work performed by IPR:
• Mobilize equipment and personnel necessary to complete pipe rehabilitation. Pricing includes(1)
mobilization.
• IPR will review pre-rehab CCN(to be performed by Others)prior to mobilization.
• Providing labor,equipment,&materials for the rehabilitation of the storm lines utilizing our
geopolymer Eco Cast material at a 1" application.
• Demobilize all construction equipment and temporary facilities and clean-up of all identifiable
debris created by IPR crews.
• Unit pricing is based on completing entire quantity in one mobilization. Additional mobilizations
may be billed according to applicable unit rates.
• Pricing is further based on the quantities&diameters provided in this estimate.Changes in either
could result in revised unit pricing.
IPR proposes to complete the above scope of services for the prices listed below:
Item Description Qty Unit Unit Price Total Price
1 Rehabilitation of 42"RCP Storm Une 371 LF $ 245.00 $ 90,895.00
2 Rehabilitation of 48"RCP Storm Une 559 LF $ 270.00 $ 150,930.00
$ 241,825.00
5207 Brer Rabbit Road Stone Mountain,Georgia 30083 404-969-3073 phone 404-969-3074 fax
Central Boulevard Storm Improvements
REVISED-Cape Canaveral, Florida
2
This pricing does not include the cost for the following:
• Pre rehab cleaning&CCTV work.
• Dump site to be furnished for debris removed from the pipe.
• Costs for hydrant access to fill water tanks on trucks.
• Bypass pumping, and construction of coffer dams.
• Traffic control that requires more than standard signs&cones. (Does not include flaggers, lane
closures, barricades, etc.)
• Prevention of any heavy infiltration(minor dewatering included in proposal)
• Site restoration of any kind including but not limited to grassing,concrete, or asphalt work.
• Furnishing bid bond.
• Any permits or fees.
• Access to segments to be rehabilitated to be provided by Others if necessary. This may include
but is not limited to obtaining right of entry permissions,easement clearing, road building,erosion
control,precast modification,etc.
• Hydro excavation,utility location/support,rock excavation, unsuitable soil haul-off&backfill.
• Removal,replacement,or modification of any concrete structures.
• Testing of any kind. If testing is required by the Owner/Engineer,additional costs may be
incurred.
• Any work not specifically detailed in this proposal.
• Pricing valid 45 days from date of this proposal.
General Warranty for EcoCast:
"The finished EcoCast TM geopolymer liner shall be continuous over the entire length of a run and
be as free as commercially practicable from visual defects.During the guarantee period,any
defects which will affect the integrity or strength of the EcoCastTM liner, shall be repaired at IPR's
expense."
Thank you for the opportunity to offer you this proposal.Should you have any questions or require
additional information,please do not hesitate to contact me.
Sincerely,
Jacob Crowe
IPR Southeast
Cc: Bid File,Eric Simpson
5207 Brer Rabbit Road Stone Mountain,Georgia 30083 404-969-3073 phone 404-969-3074 fax
[Ecocast product brochure]
[Ecocast product brochure]
[Ecocast product brochure]
[Ecocast product brochure]
[Ecocast product brochure]
[Ecocast product brochure]
[Ecocast product brochure]
Attachment #3
Sole-Source Documentation
JOHN A.PEKAR,RE.,LLC
Civil Engineering/Consulting
102 Columbia Drive
Suite 207
Cape Canaveral,FL 32920
Office Phone:321-613-2959
Cell Phone: 321-288.1060
johnpekarpe@gmail.com
Roni Flowe roniflowe@gmail.com
Office Manager Cell Phone: 321-403-9899
February 11,2015
Pankaj Shah Via E-Mail: Pankaj.Shah@dep.state.fl.us
Engineering Specialist IV
State Revolving Fund Program
Dept.of Environmental Protection
2600 Blairstone Road,MS 3505
Tallahassee,FL 32399-2400
Re: Cape Canaveral—Central Avenue Storm Drainage Improvement
Dear Mr. Shah:
The proposed City of Cape Canaveral's construction drawings for the Central Boulevard storm
drainage improvements have been approved, for the administrative requirements of the State
Revolving Fund Loan Program.
Recent utility record drawings given to the City have shown, however, a potential problem with
open cut replacement, of the old drainage culvert systems (approximately 900' +/-). AT&T
ducts have been installed too close(and in some cases over)the existing storm drain line. Utility
damage will occur if open cut construction is performed. Other utilities such as existing gas may
also be cut with an open cut culvert replacement and several existing telephone poles would also
require special bracing.
After evaluating the problems associated with open cut culvert replacement in this area, we
recommended trenchless rehab of the culvert system as the most acceptable and cost effective. A
cost comparison between trenchless rehab vs. open cut was conducted and based on our
estimated costs, a savings of over $25,000 was realized using trenchless methods. The project
savings is actually greater when business delays due to construction times, high likelihood of
utility repairs,and potential road damage,are considered.
In reviewing alternative construction procedures such as slip lining, CentriPipe, Insitufonn, etc.
it was found the best solution would be EcoCast by IPR Southeast. This product has an extensive
project background and is currently being used by the Florida Dept. of Transportation. It also
does not have the limitations the other procedures/products have. The structural strength
afforded by the EcoCast process is needed for the structural integrity of the rehabbed culvert
system. An information sheet on this proprietary product is attached for your review.
Pankaj Shah,FDEP February 11,2015
Page 2 Cape Canaveral—Central Avenue Storm Drainage Improvement
During our review of alternative procedures to rehab the stormwater pipe,we could only find one
company in Florida, IPR Southeast,that has the capability to provide the type of structural lining
that we preferred. Most fines researched provided some type of slip-lining of stormwater pipe—
not what we were wanting since the stormwater pipe extends beneath industrial driveways and
roadways (i.e.; need high psi). Other firms provided products somewhat similar to IPR
Southeast, but those products seemed to produce excessive amounts of waste material which
could flow into the Central Ditch, a direct conduit to the Banana River Aquatic Preserve.
Therefore,our selection if IPR Southeast.
As this is a propriety product, we are requesting your approval as a sole source bid under the
State Revolving Fund. The proposal and detailed cost breakdown of the proposed costs by IPR
Southeast will be provided for your approval prior to the execution of the agreement for this
work.
We appreciate your support on this project.
[signature]
John A. Pekar, P.E.
City Engineer
JAP:rmf
Attachments: EcoCast Information
RICK SCOTT
FLORIDA DEPARTMENT OF GOVERNOR
ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CANTERA
BOB MARTINEZ CENTER LT.GOVERNOR
2600 BLAIRSTONE ROAD MS 3505
TALLAHASSEE,FLORIDA 32399-2400 JONATHAN P.STEVERSON
SECRETARY
April 13, 2015
Mr. Jeff Ratliff, Public Works Director,
City of Cape Canaveral
PO Box 326
Cape Canaveral, Florida 32920
RE: WW05050 - City of Cape Canaveral
Wastewater Treatment, Reuse & Stormwater Management Facilities
Central Ditch Dredging Stormwater Improvements
Dear Mr. Ratliff:
Your request, dated February 11, 2015, to use non-competitive proposal for construction of
trenchless rehab of the culvert system is approved. The proposed method of accomplishing this
procurement,by negotiating the price with EcoCast by IPR Southeast is acceptable. Please
maintain, in your files, full documentation of the negotiations including a summary of how the
price was achieved.
If you have any questions, please call me the Program's Project Manager, at 850-245-8372.
Sincerely,
Pankaj M. Shah, Engineering Specialist IV
State Revolving Fund Program
PMS/srf
cc: Don W. Berryhill - The Berryhill Group, LLC/Tallahassee
www.dep.state.fl.us
Attachment #4
Construction Agreement
Bid#2015-02 West Central Blvd Pipe Rehabilitation
Cape Canaveral, Florida
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2015 between the CITY OF CAPE CANAVERAL,
a Florida municipal corporation (herein referred to as CITY) and IPR Southeast, Inc., a State Certified General
Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as
CONTRACTOR),as follows:
1. DESCRIPTION OF WORK- CONTRACTOR shall perform the work, in accordance with the Contract
Documents for the rehabilitation of the stormwater pipe located along West Central Boulevard, as set
forth in the Scope of Services, attached hereto as Exhibit"A", and fully incorporated by this reference
("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; Bid#2015-02 Documents issued by the City; Contractor's Bid Submittal;
General Conditions by the City; Supplemental Terms and Conditions by Florida Department of
Environmental Protection (FDEP); Davis-Bacon Wage Rates dated January 2015 and all Change
Orders approved by the City after execution of this Agreement.These Contract Documents are hereby
incorporated into this Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving
precedence in the following order:
a. Agreement Exhibits and Addenda; Contractor's Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions;and
d. General Terms and Conditions.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION -At its discretion, during the course of the work, should any errors,
ambiguities, or discrepancies be found in the Agreement or specifications, the CITY at its sole
discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR
hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance
with the decision of the CITY.When the material, article, or equipment is designated by a brand name
and more than one brand name is listed, it will be understood that the work is based on one brand
name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the
material, article, or equipment being provided without additional cost to the CITY.A substitute material,
article, or equipment is allowed if it is reasonably equivalent to the brand name specified.The CITY has
full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the
CITY prior to use of the substitute for a specified brand name and allow the CITY to make a
determination before CONTRACTOR uses the substitute.
5. CONTRACT TIME-The CONTRACTOR shall begin work within fourteen (14)days after the issuance
of a written Notice to Proceed and shall complete the Work within 90 calendar days from the date of the
Notice To Proceed. Extensions, if any, are authorized by City, and may only be granted in writing.
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this
Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the
time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a
City of Cape Canaveral/Contractor
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Cape Canaveral, Florida
legal or arbitration preceding the actual loss suffered by CITY if the Work is not substantially completed
on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred
dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for final
completion until the work is finally complete, and that CITY has paid to CONTRACTOR the
consideration of ten($10.00)dollars as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order, the Total
Contract Price of two hundred forty one thousand, eight hundred twenty five dollars and no cents
($241,825.00). Payments will be made to the CONTRACTOR for actual quantities installed on the
basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the
Contract as if attached or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the
right to revoke and terminate this Agreement and rescind all rights and privileges associated with this
Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and
terminate this Agreement in the following circumstances, each of which shall represent a default and
breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven (7)calendar days after written notice
from the CITY specifying the default complained of unless, however, the nature of the default is
such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7)calendar
days, in which case the CONTRACTOR shall have such time as is reasonably necessary to
remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such
actions as are necessary therefore;or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors
or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts;or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing
the Work hereunder;or
d. CONTRACTOR has committed any act of fraud upon the CITY;or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing
its obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right, or
remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have
the right to exercise any other remedy the CITY may have by operation of law, without limitation, and
without any further demand or notice. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for
Work properly performed prior to the effective date of termination.
9. FORCE MAJEURE -Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary
breakdown of or damage to CITY 's affiliates' generating plants, their equipment, or facilities; court
injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay
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Cape Canaveral, Florida
is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days,
either party may terminate this Agreement.
10. SEVERABILITY- In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and
option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement.
The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully
enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project
Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract
Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompt and proper payments for labor, materials, or equipment
furnished him;
d. Another Contractor is damaged by an act for which Contractor is responsible;
e. Claims or liens are filed on the job;or
f. In the opinion of the City of Cape Canaveral, Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in
accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the
project, CITY shall reduce to 5%the amount of the retainage withheld from each subsequent progress
payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in
part, and the project is subject to laws and regulations contrary to the Act. The term"50%completion of
the project" shall mean the point at which the CITY has expended 50% of the total cost of the
construction services purchased under this Agreement together with all costs associated with existing
change orders and other additions or modifications to the construction services provided for in this
Agreement.After 50%completion, the Contractor may present to the CITY a payment request for up to
one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The
remaining retainage amount withheld shall be released with the Final Payment after the issuance of the
Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty (30) days
after the work is fully and properly completed, if the contract has been fully and timely performed, but
subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY
a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all
labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to
CITY indemnifying him against such claims.
By making payments, CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents;
City of Cape Canaveral/Contractor
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Bid#2015-02 West Central Blvd Pipe Rehabilitation
Cape Canaveral, Florida
c. Outstanding claims of liens;or
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY-The duties and authority of the CITY are as follows:
a. General Administration of Contract. The primary function of the CITY is to provide the
general administration of the contract. In performance of these duties, Jeff Ratliff or his authorized
representative is the CITY's Project Manager during the entire period of construction. The CITY
may change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The CITY will not be responsible for the means of construction, or for the sequences, methods,
and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance
with the Contract Documents.
c. Access to Worksite for Inspections.The CITY shall be given free access to the worksite at
all times during work preparation and progress. The Project Manager is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting on
work progress, and any such inspections shall not waive CITY's claim regarding defective work by
Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between Contractor and CITY.
e. Resection and Stoppage of Work. The CITY shall have authority to reject work which in its
opinion does not conform to the Contract Documents, and in this connection may stop the work or
a portion thereof,when necessary.
f. Payment Certificates.The CITY will determine the amounts owing to CONTRACTOR as the
work progresses, based on CONTRACTOR'S applications and CITY's inspections and
observations, and will issue certificates for progress payments and final payments in accordance
with the terms of the Contract Documents.
14. PROGRESS MEETING—CITY'S Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the CITY, during the term of work entered into under this
Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel shall attend such
meetings as designated by the CITY'S Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means,for the coordination of all work. CONTRACTOR shall supervise and direct
the work,and give it all attention necessary for such proper supervision and direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person unfit or
without sufficient skill to perform the job for which he was employed.
City of Cape Canaveral/Contractor
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Bid#2015-02 West Central Blvd Pipe Rehabilitation
Cape Canaveral, Florida
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities, including
water, transportation, and all other facilities and work necessary for the proper completion of work
on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits.CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for
CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year
after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior,written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by
CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions
performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the
situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY
and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and
defend the CITY, its officers,agents, officials, representatives, employees, and/or attorneys against any
and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not
limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain,
incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of
CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or
employees in the execution, performance or non-performance or failure to adequately perform
CONTRACTOR's obligations pursuant to this Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own expense
or to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims
City of Cape Canaveral/Contractor
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Bid#2015-02 West Central Blvd Pipe Rehabilitation
Cape Canaveral, Florida
of liability and all suits and actions of every name and description that may be brought against the
CITY, its officers, agents, officials, representatives, employees, and/or attorneys which may result from
the services under this Agreement whether the services be performed by the indemnifying party or
anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to
choose legal counsel of its sole choice, the fees for which shall be subject to and included with this
indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive
termination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly
authorized by the board of directors and/or president of CONTRACTOR. In support of said
representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of
good standing provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND-CONTRACTOR shall supply a materials, performance and payment bond(s)in form approved
by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the
Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing
the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed
under this Agreement whether such Work is performed by the CONTRACTOR or by anyone
directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the CONTRACTOR
from claims for damages for bodily injury, including wrongful death, as well as from claims from
property damage, which may arise from the ownership, use, or maintenance of owned and non-
owned automobiles, including rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's Liability
Insurance in the minimum amount of$2,000,000 for all of its employees performing Work for the
CITY pursuant to this Agreement.
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Cape Canaveral, Florida
Special Requirements. Current, valid insurance policies meeting the requirements herein identified
shall be maintained during the term of this Agreement.A copy of a current Certificate of Insurance shall
be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfied the
insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days
prior to any expiration date. There shall also be a 30-day advance written notification to the CITY in the
event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an
additional named insured on all stipulated insurance policies as its interest may appear, from
time to time,excluding workers'compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions
contained in this paragraph section 24.
25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will participate in mediation. The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through
mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for
Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed,
governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action
or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando,
Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the
non-prevailing party the costs and expenses of such action including, but not limited to, reasonable
attorney's fees,whether at settlement,trial or on appeal.
28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable
party at the address shown on the first page of this Contract.
29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual
relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent
contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and
their employees are independent contractors and not employees of the CITY. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners,
employees,or agents,during or after the performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes, Contractor
agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound
recordings, data processing software, or other material, regardless of the physical form, characteristics,
or means of transmission, made or received pursuant to this Agreement or in connection with any
funds provided by the City pursuant to this Agreement may be considered public records pursuant to
Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that
ordinarily and necessarily would be required by the City in order to perform the services required by this
Agreement. Contractor also agrees to provide the public with access to public records on the same
terms and conditions that the City would provide the records and at a cost that does not exceed the
cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also
ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all
requirements for retaining public records and transfer, at no cost, to the City all public records in
City of Cape Canaveral/Contractor
Page 7 of 9
Bid#2015-02 West Central Blvd Pipe Rehabilitation
Cape Canaveral, Florida
possession of the Contractor upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City. If Contractor does not comply with a public records
request, the City shall have the right to enforce the provisions of this Paragraph. In the event that
Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the
provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages
for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with
the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party
attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against
Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's
fees and damages which the City was required to pay a third party because of Contractor's failure to
comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this
Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall be construed as a waiver of the CITY'S right to sovereign immunity
under Section 768.28, or other limitations imposed on the CITY'S potential liability under state or
federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or
interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment,
or portion thereof, to any one person for more than two hundred thousand dollars($200,000.00), or any
claim or judgment, or portion thereof,which, when totaled with all other claims or judgments paid by the
State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum
of three hundred thousand dollars($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this
Agreement shall not be considered a waiver of that term, condition, or provision in the future. No
waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of each party hereto. This Agreement may be
executed in any number of counterparts, each of which when so executed and delivered shall be
considered an original agreement; but such counterparts shall together constitute but one and the
same instrument.
35. DRAFTING -CITY and CONTRACTOR each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement
shall be in writing and shall be deemed given under the following circumstances: when delivered in
person; or three (3) business days after being deposited in the United States Mail, postage prepaid,
certified or registered; or the next business day after being deposited with a recognized overnight mail
or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission; and addressed as follows (or to such other person or at such other
address, of which any party hereto shall have given written notice as provided herein):
City of Cape Canaveral/Contractor
Page 8 of 9
Bid#2015-02 West Central Blvd Pipe Rehabilitation
Cape Canaveral, Florida
For City: For Contractor:
City of Cape Canaveral
David Greene, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1224 Fax:
Either party may change the notice address by providing the other party written notice of the change.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first
above written.
CONTRACTOR:
WITNESSES:
By:
Print Name: Print Name:
Title:
Print Name:
CITY:
City of Cape Canaveral,Florida,
a Florida municipal corporation.
Attest: By:
David L. Greene, City Manager
By:
Angela Apperson, City Clerk
Date
City of Cape Canaveral/Contractor
Page 9of9
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 04/21/2015
Item No. 6
Subject: Approve Work Squad Contract WS917 between the Florida Department of
Corrections and the City of Cape Canaveral in the amount of $57,497 and authorize the
City Manager to execute the Contract.
Department: Public Works Services
Summary:
Annual Work Squad Labor Contract Renewal:
• City of Cape Canaveral (Agency) and the Florida Department of Corrections
(Department) Work Squad Contract WS917.
• Use of inmate labor in work programs, under the supervision of the Department's
staff.
• Contract renewal term begins October 1, 2015 and runs through September 30,
2016.
• Contract is in its final renewal year.
• Department to provide eight (8) inmates and one (1) Correctional Officer ten (10)
hours per day, four (4) days per week (10 hours per day includes travel time from
east Orlando).
• Department may not provide Work Squad under certain circumstances such as
absence of Correctional Officer due to training/illness/approved leave, poor
weather conditions, etc.
• Physical custody, transport to worksites and inmate security will be the
responsibility of the Department.
• Schedule of work and all associated requirements will be the responsibility of the
Agency.
• Agency annual cost of the contract is $57,497 (includes officer salary, position
related expenses and administrative costs). The prior year cost was in the same
amount.
(Note: After numerous requests from City Staff, the Department has agreed to return
Finley Hale as the Correctional Work Squad Officer for Cape Canaveral. Staff
developed an excellent working relationship with Officer Hale over the years and looks
forward to renewing a productive working relationship which will benefit the City.)
Submitting Department Director: Jeff Ratliff Date: 04/08/15
Attachment: Work Squad Contract WS917
Financial Impact: $57,497 for Work Squad Contract WS917 between the Florida
Department of Corrections and the City of Cape Canaveral funded by Citywide
operational funds. Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 4/13/15
City Council Meeting Date: 04/21/2015
Item No. 6
Page 2 of 2
The City Manager recommends that City Council take the following action:
Approve Work Squad Contract WS917 between the Florida Department of Corrections
and the City of Cape Canaveral in the amount of $57,497 and authorize the City
Manager to execute the Contract.
Approved by City Manager: David L. Greene Date: 4/13/15
CONTRACT#WS917
Amendment#1
CONTRACT AMENDMENT BETWEEN
THE DEPARTMENT OF CORRECTIONS
AND
CITY OF CAPE CANAVERAL
This is an Amendment to the Contract between the Florida Department of Corrections ("Department") and
City of Cape Canaveral("Agency")to provide for the use of inmate labor in work programs.
This Amendment:
• renews the Contract for one(1)year pursuant to Section I.,B.,Contract Renewal;
• revises the end date of the Contract referenced in Section I.,A.,Contract Term;and
• replaces Addendum A with Revised Addendum A, effective October 1,2015.
Original contract period: October 1,2014 through September 30,2015
In accordance with Section V., CONTRACT MODIFICATIONS,the following changes are hereby made:
1. Section I.,A.,Contract Term, is hereby revised to read:
A. This Contract began October 1,2014 and shall end at midnight on September 30,2016.
This Contract is in its final renewal year.
2. Pursuant to Section III., Compensation, A., 5, the rate of compensation is amended to reflect the rates
indicated in Revised Addendum A. Addendum A is hereby replaced with Revised Addendum A,effective
October 1,2015.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
Page 1 of 5
CONTRACT#WS917
Amendment#1
All other terms and conditions of the original Contract remain in full force and effect.
This Amendment shall begin on the last date of signature by all parties.
IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their undersigned
officials as duly authorized.
AGENCY: CITY OF CAPE CANAVERAL
SIGNED
BY:
NAME:
TITLE:
DATE:
FEID#:
DEPARTMENT OF CORRECTIONS Approved as to form and legality,
subject to execution.
SIGNED SIGNED
BY: BY:
NAME: Kelley J.Scott NAME: Jennifer A.Parker
TITLE: Director,Office of Administration TITLE: General Counsel
Department of Corrections Department of Corrections
DATE: DATE:
Page 2 of 5
Revised Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number WS917 Effective October 1, 2016
***ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY*** Per Officer Total
Annual Cost Annual Cost
I. CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION RELATED-EXPENSES
TO BE REIMBURSED BY THE AGENCY:
Officers Salary # Officers Multiplier 1 $ 54,194.00 " $ 54,194.00
Salary Incentive Payment $ 1,128.00 $ 1,128.00
Repair and Maintenance $ 121.00 $ 121.00
State Personnel Assessment $ 354.00 $ 354.00
Training/Criminal Justice Standards $ 200.00 $ 200.00
Uniform Purchase $ 400.00 $ 400.00
Uniform Maintenance $ 350.00 $ 350.00
Training/Criminal Justice Standards * $ 2,225.00
TOTAL-To Be Billed By Contract To Agency $ 58,972.00 $ 56,747.00
*Cost limited to first year of contract as this is not a recurring personnel/position cost.
"Annual cost does not indude overtime pay.
IA. The Overtime Hourly Rate of Compensation for this Contract is$31.85,If applicable. (The Overtime Hourly
Rate of Compensation shall indude the average hourly rate of pay for a Correctional Officer and the average
benefit package provided by the department,represented as time and one half for purposes of this Contract.)
Total
Annual Cost
II. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY:
Costs include but may not be limited to the following:
Rain coats,staff high visibility safety vest,inmate high visibility
safety vest,fire extinguisher,first aid kit,personal protection kit,flex
cuffs,warning signs,handcuffs,Igloo coolers,portable toilets,insect
repellents,masks,vaccinations,and other administrative expenses. 1 $ 750.00
TOTAL-To Be Billed By Contract To Agency $ 750.00
M. ADDITIONAL AGENCY EXPENSES:
Tools,equipment, materials and supplies not listed in Section II above
are to be provided by the Agency.
CELLULAR PHONE WITH SERVICE REQUIRED: YES X NO []
ENCLOSED TRAILER REQUIRED: YES [] NO X
Addendum A Revised 06-02-03/01.12-04 Page 3 of 5
Revised Addendum A
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number WS917 Effective October 1, 2015
Per Unit Number Total Bill To Provided Already
IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Cost of Units Cost Agency By Agency Exists
Hand Held Radio MACOM $4969.00 $ - [] []
Vehicle Mounted Radio MACOM $5400.00 $ - [] [] []
TOTAL Operating Capital To Be Advanced By Agency $ -
Total _ _
V. TOTAL COSTS TO BE ADVANCED BY AGENCY: Cost
1. Operating Capital-from Section IV. $0.00
2. Grand Total-To Be Advanced By Agency At Contract Signing: $0.00
VI. TOTAL COSTS TO BE BILLED TO AGENCY BY CONTRACT: Total
Cost
1, Correctional Officer Salaries and Position-Related Expenses-from Section I. $56,747.00
2. Other Related Expenses and Security Supplies-from Section II. $750.00
3. Grand Total-To Be Billed To Agency By Contract: $57,497.00
VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT: $57,497.00
(Total of Sections V.and VI.)
Vlll. OVERTIME COSTS:
If the contracting Agency requests overtime for the work squad which Is approved by the Department,
the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime.
Addendum A Revised 06-02-03/01-12-04 Page 4 of 5
Addendum A-INSTRUCTIONS
Inmate Work Squad Detail of Costs for City of Cape Canaveral
Interagency Contract Number WS917 Effective October 1, 2015
Section L Costs in this section are determined each fiscal year by the Budget and Management Evaluation Bureau and are fixed.
By entering the number of Officers required for this contract,the spreadsheet will automatically calculate the"Total Annual Cost"
column. If this Work Squad Is beyond the first year of existence,enter a zero(0)in the"Total Annual Cost"
column for"Training/Criminal Justice Standards" after you have entered the"#Officers Multiplier".
Section N. Safety and environmental health procedures require safety measures such as the use of safety signs,vests,and clothing.
The Department's procedure for Outside Work Squads requires that all Work Squad Officers be responsible for ensuring their squad
is equipped with a first aid kit and a personal protection equipment(PPE)kit. Section II identifies such required
equipment. A new squad must be sufficiently equipped and an on-going squad must be re-supplied when needed.
Type in the number of squads used for this contract and the spreadsheet will automatically calculate the fixed annual expense
of$750.00 per squad and place the total in Section VI.
Section M. Check"Yes"or"No"to indicate whether a Cellular Phone with Service and/or an Endosed Trailer is required by the Contract Manager.
Section IV. The Departments procedure for Outside Work Squads requires that they have at least one(1)primary means of direct
communication with the Institution's Control Room. Communication via radio and/or cellular phone is appropriate.
It is preferred that a backup,secondary means of communication also be available. It is the Agency's responsibility to provide them.
If the Department purchases a radio(s),the Agency must fund the purchase at the time the Contract Is signed. Check the box for the type
of radio and fill in the Per Unit Cost for the type of radio,Number of Units,and Total Cost columns.Leave the Total Cost column blank if
a radio(s)is not being purchased at this time. Check applicable boxes("Bill to Agency","Provided by Agency"and"Already Exists")for
each radio.
NOTE: All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio
frequency and used by the work squad(s),whether purchased by the Department or the Agency,shall be IMMEDIATELY
deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract.
Section V. The total funds the Agency must provide at the time the contract is signed will be displayed here when the form is properly filled out.
Section VI. The total funds the Agency will owe contractually,and pay in equal quarterly payments,will be displayed here.
Section VII. The total funds associated with the Contract,to be paid by the Agency as indicated in Sections V.and VI.,will be displayed here.
Section Vlll. Any agreement in this area will be billed separately as charges are incurred.
Addendum A Revised 06-02-03101-12-04 Page 5 of 5
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 4/21/2015
Item No. 7
Subject: Resolution No. 2015-03; reappointing Members to the Board of Adjustment,
Community Appearance Board and Construction Board of Adjustment and Appeals of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Arvo Eilau, Mary Jo Tichich, Randy Wasserman,
William Budesa and Geoff Goetz)
Department: Legislative
Summary: The term for Board of Adjustment Member Arvo Eilau will Expire May 1,
2015. He expressed his desire to continue serving on the Board for an extended term
through October 1, 2018; this would place him on the same schedule as the rest of his
fellow Board Members (see attached Expiration Notice and Board Roster). Following
completion of his second three (3) year term, the Member shall not be eligible for
reappointment to said Board for an additional term consistent with the limitations set
forth in section 2-171(f), City Code.
The terms for Community Appearance Board Members Mary Jo Tichich and Randy
Wasserman will expire May 1, 2015. Each Member expressed desire to continue
serving on the Board for another term (see attached Expiration Notices). Following
completion of their second three (3) year terms, the Members shall not be eligible for
reappointment to said Board for an additional term consistent with the limitations set
forth in section 2-171(f), City Code.
The terms for Construction Board of Adjustment and Appeals Board Members William
Budesa and Geoff Goetz will expire April 16, 2015. Each Member expressed desire to
continue serving on the Board for another term (see attached Expiration Notices).
Following completion of their initial three (3) year terms, the Members shall be eligible
for reappointment to said Board for additional terms consistent with the limitations set
forth in section 2-171(f), City Code.
It is now incumbent upon the City Council to reappoint each as Members of said Boards.
Submitting Department Director: Angela Apperson Date: 3/31/2015
Attachments: Resolution. No. 2015-03 and Expiration Notices.
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 4/1/15
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2015-03.
Approved by City Manager: David L. Greene Date: 4/6/15
RESOLUTION 2015-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING
MEMBERS TO THE BOARD OF ADJUSTMENT, COMMUNITY
APPEARANCE BOARD AND CONSTRUCTION BOARD OF
ADJUSTMENT AND APPEALS OF THE CITY OF CAPE
CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 110-
2, Cape Canaveral City Code, established a board known as the Board of Adjustment; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 22-
37, Cape Canaveral City Code, established a board known as the Community Appearance Board;
and
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by Section 82-
32, Cape Canaveral City Code, established a board known as the Construction Board of
Adjustment and Appeals; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint Members to said Boards.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Reappointments to the Board of Adjustment, Community Appearance Board
and Construction Board of Adjustment and Appeals pursuant to Section 2-171(e) of the Cape
Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the
following individuals to the Cape Canaveral Boards indicated below:
A. Arvo Eilau shall be reappointed to the Board of Adjustment for a term of three (3)
years, expiring on October 1, 2018.
Following completion of his second three (3) year term, the Member shall not be eligible for
reappointment to said Board for an additional term consistent with the limitations set forth in
section 2-171(f), City Code.
B. Mary Jo Tichich and Randy Wasserman shall each be reappointed to the
Community Appearance Board for terms of three (3) years, expiring on May 1,
2018.
City of Cape Canaveral
Resolution No.2015-03
Page 1 of 2
Following completion of their second three (3) year terms, the Members shall not be eligible for
reappointment to said Board for an additional term consistent with the limitations set forth in
section 2-171(f), City Code.
C. William Budesa and Geoff Goetz shall each be reappointed to the Construction
Board of Adjustment and Appeals for terms of three (3) years, expiring on April
16, 2018.
Following completion of their initial three (3) year terms, the Members shall be eligible for
reappointment to said Board for additional terms consistent with the limitations set forth in section
2-171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date.This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 21st day of April, 2015.
Rocky Randels, Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson, Bob Hoog
City Clerk
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2015-03
Page 2 of 2
City of Cape Canaveral
April 1, 2015
Arvo Eilau
550 Jackson Avenue
Cape Canaveral, FL 32920
Dear Mr. Eilau:
Your term on the Board of Adjustment will expire on May 1, 2015. Please check the box that
indicates your desire to continue to serve/not continue to serve on the Board for an extended term through
October I.2018. This would place you on the same schedule as the rest of the Board(see attached BOA
Roster).
Please return this signed Notice to the City Clerk's Office at your earliest convenience. If you choose to
continue serving, a Resolution for your reappointment to the Board will appear on the City Council
Meeting Agenda scheduled for April 21. 2015 (your presence at which is not required).
X I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
Arvo Eilau.Chairperson
Sincerely.
[signature]
Angela M. Apperson. MMC
City Clerk
Encl: SASE
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone(321) 868-1220 • Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
City of Cape Canaveral
March 2, 2015
Mary Jo Tichich
610 Seaport Boulevard
Cape Canaveral, FL 32920
Dear Ms. MJ,
Your term on the Community Appearance Board will expire on May 1, 2015. Please check the
box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and
return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed
envelope.
If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the
City Council Meeting Agenda scheduled for April 21. 2015 (your presence at which is not required).
X I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
Mary Jo Tichich, Board Member
Sincerely,
[signature]
Angela M. Apperson, MMC
Administrative Services Director/City Clerk
Encl: SASE
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
City of Cape Canaveral
March 2, 2015
Randy Wasserman
5801 N. Banana River Blvd., #933
Cape Canaveral, FL 32920
Dear Mr. Wasserman:
Your term on the Community Appearance Board will expire on May 1, 2015. Please check the
box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and
return this Notice to your Board Secretary or the City Clerk using the enclosed stamped, self-addressed
envelope.
If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the
City Council Meeting Agenda scheduled for April 21, 2015 (your presence at which is not required).
X I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
Randy Wasserman, Chairperson
Sincerely,
[signature]
Angela M. Apperson, MMC
Administrative Services Director/City Clerk
Encl: SASE
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
City of Cape Canaveral
March 2, 2015
William Budesa
214 Jefferson Avenue
Cape Canaveral, FL 32920
Dear Mr. Budesa:
Your term on the Construction Board of Adjustment and Appeals will expire on April 16, 2015.
Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-
year term and return this Notice to the City Clerk's Office using the enclosed stamped, self-addressed
envelope.
If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the
City Council Meeting Agenda scheduled for April 21, 2015 (your presence at which is not required).
X I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
William Budesa, Vice Chair
Sincerely,
[signature]
Angela M. Apperson. MMC
City Clerk
Encl: SASE
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
City of Cape Canaveral
March 2, 2015
Geoff Goetz
2820 Marquesis Ct.
Windermere, FL 34786
Dear Mr. Goetz:
Your term on the Construction Board of Adjustment and Appeals will expire on April 16,
2015. Please check the box that indicates your desire to serve or not continue to serve on the Board
for a 3-year term and return this Notice to the City Clerk's Office using the enclosed stamped, self-
addressed envelope.
If you choose to continue serving, a Resolution for your reappointment to the Board will appear on
the City Council Meeting Agenda scheduled for April 21. 2015 (your presence at which is not
required).
X I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
Geoff Goetz, Chairperson
Sincerely,
[signature]
Angela M. Apperson, MMC
City Clerk
Encl: SASE
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1248
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 4/21/2015
Item No. 8
Subject: Approve termination of Beach Access Easement between Seaport
Oceanfront Condominium Association, Inc. and the City of Cape Canaveral and
authorize execution of same.
Department: Administrative Services
Summary: Based upon a positive recommendation from the Planning and Zoning
Board, the City Council approved a Development Agreement with Seaport Oceanfront
Condominium Association, Inc. (SOCA) on March 4, 2003. The Minutes are provided
as Attachment 1. The Agreement includes the conveyance of a Perpetual Public Beach
Access Easement and is provided as Attachment 2. The Agreement acknowledges
that before a full public beach access can be provided, the City must obtain additional
access from a third party along the northern boundary of the Property (Shorewood
Drive) or at some other abutting location. The additional access is approximately 40
feet in length and has not been acquired.
In November 2011, Staff presented construction costs and conclusions which prevent
construction of the dune walkover. The City Council did not take further action. The
Minutes, Agenda Form and aerial are provided as Attachment 3.
On March 26, 2015, the City received a request from Seaport Oceanfront Condominium
Association President John LaBella to terminate the Easement, which is provided as
Attachment 4. All conclusions presented to the Council in November of 2011 remain
valid.
The Termination of Perpetual Public Beach Access Easement (Termination
Agreement) is provided as Attachment 5.
Submitting Director: Angela Apperson Date: 04/07/15
Attachments:
1) Minutes of 3/4/2003 City Council Meeting
2) Development Agreement
3) Minutes, Agenda Form and aerial from 11/15/11 City Council Meeting
4) March 26, 2015 letter from John LaBella, President of SOCA
5) Termination Agreement
Financial Impact: Cost to prepare/record the termination document; however, the City
is relieved of the construction costs/future maintenance costs of a sidewalk and
elevated structure, as well as the cost of insurance and liability for same.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 4/7/15
City Council Meeting Date: 4/21/2014
Item No. 8
Page 2 of 2
The City Manager recommends that City Council take the following actions:
Approve termination of Beach Access Easement between Seaport Oceanfront
Condominium Association, Inc. and the City of Cape Canaveral and authorize
execution of same.
Approved by City Manager: David L. Greene Date: 4/8/15
City of Cape Canaveral, Florida Attachment 1
City Council Regular Meeting
March 4,2003
Page 4
drains. Mr. Stipanovich responded that his staff has been instructed to blow the grass back
toward the property and not into the storm drains. This is the fourth annual renewal of the
contract.
A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the
Renewal of the Landscaping and Mowing Service Agreement with Nick's
Landscaping in the Amount of$102,940.44. The motion carried 5-0 with voting as
follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor
Randels, For and Mr. Treverton, For.
6. Proposal from J &S Curb!Concrete for SR A1A Sidewalk and Drainage
Improvements.
Mr. Gardulski stated that J & S Curb was quoted considerably lower in light of the blanket
purchase option. Mayor Pro Tern Petsos expressed concern with acquiring a contractor
and then dispensing the bid to go out for quote. He requested to see the City use the bid
process in light of an upcoming project. Mayor Pro Tern Petsos also inquired about the
$19,200 cost for drainage improvements. Mr. Gardulski explained that sidewalk
construction was restricting the flow of drainage and pipe is need under the sidewalks. The
Florida Department of Transportation requires drainage improvements for the permitting
process.
A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the
Proposal to J&S Curb/Concrete for SR AlA Sidewalk and Drainage Improvements
in the Amount of$32,098. The motion carried 5-0 with voting as follows: Mr. Hoog,
For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr.
Treverton, For.
7. Development Agreement with the Seaport Oceanfront Condominium
Association, Inc.,for a Perpetual Public Beach Access Easement.
Mayor Randels inquired why the easement would be done contingent until the dedication
of public access. He also pointed out that the landscaping requires a large amount of work
on the City's part. Ms. Bea McNeely, Planning and Zoning Board Chair, stated that the
City could not take a dedicated road and make a connection to a destination that does not
belong to the City. Ms. Shannon Roberts expressed concern on behalf of Solana residents
with the congestion due to vehicular as well as pedestrian traffic. She asked if public
access is needed between Solana and Shorewood? Mr. Treverton related the resistance
from the developers to provide any public beach access in that area and related where
beach access was lacking. Attorney Garganese explained that the City would accept the
site plan review and take possession of the easement and Item 7.0 would authorize the
City to provide a crossover. Mr. Tom Garboski states that Shorewood owns the right-of-
way however Mayor Randels clarified Towne Realty owns the property. Mr. Bill Craig
expressed that he had no problem with the easement however his concern is with security
in that there were no requirements in the agreement for a fence. Attorney Garganese
City of Cape Canaveral, Florida
City Council Regular Meeting
March 4, 2003
Page 5
stated that an amendment could be made to the development agreement. Mr. Pat
Salamone agreed that the developer would install the requested fence. Discussion
followed on how the residents in the area would acquire access to the beach.
Attorney Garganese stated that the developer can only give what is his however there is
an additional part to consider regarding the Towne Realty portion to acquire beach access.
Ms. Roberts stated that the residents in the area should be notified of continued discussion
since the effects are significant to that community. Mr. Salamone stated that the Planning
and Zoning Board has tied all three conditions to the agreement and no further
construction can proceed without the conditions. Mr. Craig requested that the City Attorney
draft the agreement with the proposed chain link fence consistent in height with the
existing fence. Mayor Pro Tern Petsos requested the minutes from the previous meeting
when Jim Boris made a commitment for beach access. Mayor Randels encouraged Ms.
Roberts to attend the Planning and Zoning Board meetings for any further discussion.
The Development Agreement amendments are: 1)City will take the easement upon
effective date of the development agreement, and 2)the developer will construct a
6-foot chain link security fence equal to the north-side height within 60-days.
A motion was made by Mr. Treverton and seconded by Mayor Pro Tern Petsos to
Approve the Development Agreement with the Seaport Oceanfront Condominium
Association, Inc.for a Perpetual Public Beach Access Easement as Amended. The
motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor
Pro Tern Petsos, For, Mayor Randels, For and Mr. Treverton, For.
ORDINANCES: Second Public Hearing:
8. Motion to Adopt: Ordinance No.02-2003; Amending Code Sections 110-334&
110-383; Adopting a New Section 110-566; Providing for Supplementary
Regulations for Vehicle Rental Facilities within the C-1 and C-2 Zoning
Districts.
Mayor Randels read Ordinance No. 02-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE
SECTIONS 110434 & 110483; ADOPTING A NEW SECTION 110-656; PROVIDING FOR
SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C-1
8 C-2 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
Council removed this item from the table for discussion. Mr. Keith Duncan, of Hertz
Agencies, asked if the existing agencies would be grand-fathered in. Attorney Garganese
clarified that: 1)this ordinance does not affect any conditions already applied through
previous special exceptions, and 2) the intent of the ordinance would apply to the new
establishments. Attorney Garganese recommended language that clearly states, "these
conditions apply to any special exceptions granted after the effective date of this
Prepared by and return to: [barcode with "Attachment 2" sticker over it]
CFN:2003088981 03-27-2003 08:49 am
Anthony A.Garganese,Esquire OR Book/Page: 4860 / 2074
City Attorney of Cape Canaveral
Brown,Ward,Salzman&Weiss,P.A. Scott Ellis
Post Office Box 2873 Clerk Of Courts,Brevard County
Orlando,Florida 32802-2873 #Pgs: 8 #Names: 2
(407)425-9566 Trust: 4.50 Rec: 33.00 Serv:0.00
[illegible] 0.00 Excise: 0.00
Mtg: 0.00 Int Tax: 0.00
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT(herein referred to as the"Agreement"),
made and executed this 4th day of March, 2003, by and between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (hereinafter referred to as"City"), whose
address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and THE SEAPORT
OCEANFRONT CONDOMINIUM ASSOCIATION,INC,a Florida corporation(hereinafter
referred to as"Owner"), whose address is .
WITNESSETH:
WHEREAS, Owner owns certain real property located along the Atlantic Ocean
within the City of Cape Canaveral, Florida, as legally described herein; and
WHEREAS, Owner desires to construct a condominium project on the Property
called Villages of Seaport - Village 7; and
WHEREAS, Sections R-1.1 and CM 9.3 of the Comprehensive Plan of the City of
Cape Canaveral provide that the City shall continue with its efforts to obtain public beach
access and to enforce public access to beaches; and
WHEREAS, the City desires to obtain and Owner desires to provide beach access
across Owner's property in compliance with the City's Comprehensive Plan; and
WHEREAS,the parties acknowledge, however,before full public beach access can
be provided, the City must obtain additional access from a third party along the northern
boundary of the Property(Shorewood Drive) or at some other abutting location; and
WHEREAS, it is the intent of the parties to convey the Public Beach Access
Easement upon the effective date ofthis Agreement even though full public beach access has
not yet been obtained by the City; and
WHEREAS, the City Council of the City of Cape Cntaveral, finds that this
Agreement is consistent with the City's Comprehensive Plan as well as the City Code of
Ordinances and is a legislative act of the City Council of the City of Cape Canaveral
Page 1 of 7
NOW,THEREFORE, in consideration ofthe mutual covenants and mutual benefits
herein contained, and other good and valuable consideration,which the parties acknowledge
as having been received, the parties agree as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this Agreement.
2.0 Intent and Purpose. The intent and purpose of this Agreement is to convey
a perpetual public beach access easement to the City over, under, and on the easement
Property described in Paragraph 3.0 of this Agreement.
3.0 Easement Property. The real property subject to this Agreement and
easement is legally described and depicted on Exhibit"A,"which is hereby fully incorporated
herein by this reference (hereinafter referred to as "Property").
4.0 Conveyance of Easement and Security Fence.
4.1 Upon the effective date of this Agreement, Owner shall execute and
deliver to the City the Perpetual Public Beach Access Easement which
is attached hereto as Exhibit"B," and fully incorporated herein by this
reference (hereinafter referred to as "Public Beach Access
Easement"). The City shall have the right to record said Public Beach
Access Easement in the public records of Brevard County, Florida.
As deemed necessary by the City to secure priority of the Public
Beach Access Easement over all liens, mortgages, or encumbrances,
Owner agrees to fully cooperate and arrange in obtaining joinders or
consents from any party that may have an interest in the Property,
including all mortgage companies.
4.2 Within sixty(60) days of the effective date of this Agreement, Owner
shall construct a chain-link security fence along the entire length ofthe
southern side of the Property. The height of the fence shall be equal
to the height of the fence located on the north side of the Property.
Owner shall comply with all City fence permit and construction
requirements set forth in the City Code.
5.0 Owner's Representations and Warranties. Owner hereby makes the
following representations, warranties and covenants, all of which shall continue after and
survive the execution of this Agreement:
5.1 Owner has good marketable fee simple title to the Property, free and
clear of all encumbrances.
[barcode]
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OR Book/Page: 4860 / 2075
5.2 There are no suits, actions or proceedings (including any proposed
zoning changes or condemnation proceedings) pending or, to the
Owner's knowledge, threatened against Owner or affecting the
Property.
5.3 Owner has received no written or oral notice of any claims, demands,
litigation, proceedings or governmental investigations pending or
threatened against or related to the Property, which claim, demand,
litigation,proceeding or governmental investigation could result in any
judgment, order, decree or settlement which would adversely affect
the Property.
5.4. Owner has not received any uncured written or oral notice that the
Property is not in compliance with any federal, state or local statute,
ordinance, rule, regulation, requirement or code, including, without
limitation, building, fire, health, environmental and safety codes,
relating and/or applicable to the ownership, use and operation of the
Property.
5.5 Owner has full right, power and authority to execute, deliver and
perform this Agreement without obtaining any consents or approvals
from, or the taking of any other actions with respect to, any third
parties. This Agreement, when executed by and delivered by Owner
and City, will constitute the valid and binding agreement of Owner,
enforceable against Owner in accordance with its terms.
5.6 Neither the execution of this Agreement nor the consummation of the
transaction contemplated hereby will constitute a violation of or be a
conflict with or constitute a default under any term or provision of any
agreement, lease, deed covenant, or other obligation to which Owner
is a party or by which Owner or the Property is bound.
5.7 There are no leases, options, purchase agreements, tenancies or land
contracts affecting the Property or any part thereof
5.8 To the best of the Owner's knowledge, Owner represents that there
do not exist any hazardous substances, as defined by state and federal
law, at, on, under or about the Property.
6.0 Covenant Not to Further Encumber. Owner shall not lease, sell, or
otherwise convey the Property without City's express written consent. In the event any lien,
mortgage, or encumbrance exists or is placed upon the Property prior to the easement being
conveyed and recorded by the City, Owner shall cause same to be removed at Owner's sole
expense prior to the conveyance of the easement or, alternatively, Owner shall obtain and
Page 3 of 7
[barcode]
CFN:2003088981
OR Book/Page: 4860 / 2076
record all joinders or consents deemed necessary by the City to secure priority of the Public
Beach Access Easement over such liens,mortgages, or encumbrances. Failure to remove any
such lien, mortgage and encumbrance or obtain the necessary joinders or consents within
thirty (30) days after notice is given to Owner by City, shall constitute a breach of the
Agreement and City shall have all remedies for damages provided by law or in equity
(including specific performance and injunctive relief).
7.0 City Right of Entry. Upon the effective date of this Agreement and prior
to the conveyance of the Public Beach Access Easement to the City,Owner hereby grants the
City and its duly authorized agents and contractors an unconditional right of entry on the
Property to plan for the design, construction and maintenance of the Public Beach Access
Easement.
8.0 Successor and Assigns. Owner shall notify the City, in advance and in
writing, of any transfer of ownership of the Property. This Agreement shall automatically be
binding upon and shall inure to the benefit of the successors and assigns of the Property.
9.0 Applicable Law; Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the Cape Canaveral Code
and Comprehensive Plan. The parties agree that venue shall be exclusively within Brevard
County, Florida, for all state disputes or actions which arise out of or are based upon this
Agreement, and in Orlando, Florida, for all such federal disputes or actions.
10.0 Amendments. This Agreement shall not be modified or amended except by
written agreement executed by all parties hereto and approved by the City Council of the City
of Cape Canaveral.
11.0 Entire Agreement; Headings. This Agreement contains the entire
agreement between the parties as to the subject matter hereof. Paragraph headings are for
convenience of the parties only and are not to be construed as part of this Agreement. All
references to whole paragraph numbers(e.g., 15.0)shall include all subparagraphs thereunder
(e.g., 15.1, 15.2, and 15.3).
12.0 Severability. If any provision of this Agreement shall be held to be invalid
or unenforceable to any extent by a court of competent jurisdiction, the City shall have the
unconditional right to either terminate this Agreement, modify this Agreement with the
Owner's consent, or remain in the Agreement as modified by the court.
13.0 Recordation. Upon full execution of this Agreement by the parties, this
Agreement shall be recorded by the City in the Public Records of Brevard County, Florida,
and shall run with the land.
[barcode]
CFN:2003088981
Page 4 of 7 OR Book/Page: 4860 / 2077
14.0 City's Police Powers. Owner acknowledges and agrees that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers. Any City permits
issued on the Property prior to the effective date of this Agreement that are in conflict with
this Agreement are hereby deemed null and void.
15.0 Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28,Florida
Statutes, or any other limitation on the City's potential liability under state or federal law.
16.0 Notices. All notices and correspondence in connection with this Agreement
must be in writing. Notice and correspondence shall be sent by first class mail or hand
delivered at the addresses set forth below or at such other addresses as the parties hereto shall
designate to each other in writing:
16.1 If to City: Mr. Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Telephone: 321-868-1230
Facsimile: 321-868-1224
16.2 If to Owner: The Seaport Oceanfront
Condominium Association, Inc.
8850 North Atlantic Avenue
Cape Canaveral, Florida 32920
Telephone: 321-242-9005
Emergency Telephone: 321-784-6400
17.0 Waiver. Any forbearance by the City in exercising any right or remedy under
this Agreement shall not constitute a waiver of or preclude the exercise of any right or
remedy.
18.0 Indemnification and Hold Harmless. Owner agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City, and its Council members,
employees, officers and city attorneys (individually and in their official capacities) from and
against any and all claims, losses, damages, personal injuries (including, but not limited to,
death),or liability(including reasonable attorneys fees through all administrative and appellate
proceedings); directly or indirectly arising out of or resulting from any act or omission of
Owner, and its employees, agents, and contractors under this Agreement and/or in default of
this Agreement.
[barcode]
CFN:2003088
Page 5 of 7 OR Book/Page4860 / 2078
19.0 City's Right to Seek Equitable Relief. Owner agrees, acknowledges and
recognizes that any breach of this Agreement by Owner shall result in irreparable harm to the
City. Owner agrees that in addition to and not in lieu of all legal and equitable remedies
available to City by reason of such breach, City shall be entitled to equitable relief(including,
without limitation, specific performance and injunctive relief) to enjoin the occurrence and
condition ofthe breach. In addition, should the City have to exercise eminent domain powers
to secure the Public Beach Access Easement, Owner hereby acknowledges and agrees that
Owner will not contest such exercise of authority by the City because it serves a valid public
purpose. Further, Owner acknowledges and agrees that consideration for the Public Beach
Access Easement has already been fully paid to Owner by City and that no further
compensation of any kind would be due Owner by City in any eminent domain proceeding
initiated by the City to acquire the Public Beach Access Easement.
20.0 Attorneys' Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs,
whether incurred at trial or appeal.
21.0 No Joint Venture. Nothing herein shall be deemed to create a joint venture
or principal-agent relationship between the parties,and neither party is authorized to,nor shall
either party, act toward third persons or the public in any manner which would indicate any
such relationship with the other.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date
first written above.
WITNESSES: CITY OF CAPE CANAVERAL,
[signature] a Florida Municipal Corporation:
Print Name: Anthony Garganese
By: [signature]
[signature] Rocky Randels, Mayor
Print Name: Virginia Haas
[barcode]
CFN: 2003088981
OR Book/Page 4860 / 2079
Page 6 of 7
OWNER: [barcode]
CFN:2003088981
[signature] OR Book/Page: 4860 / 2080
Print Name: WM H. Craig
[signature] By: [signature]
Print Name: B Bauthier Name/Title President Soca
STATE OF FLORIDA
COUNTY OF BREVARD
I hereby certify that the foregoing instrument was acknowledged before me this 18th day of
March, 2003, by ROCKY RANDELS, MAYOR, X who is personally known to me, or
[] who has produced as identification.
[Susan Stills' notary public stamp] [signature]
NOTARY PUBLIC
STATE OF FLORIDA
COUNTY OF BREVARD
I hereby certify that the foregoing instrument was acknowledged before me this 14 day of
March, 2003, by Placido Salamone of The Seaport
Oceanfront Condominium Association, Inc. X who is personally known to me, or [] who has produced
as identification.
[Karen A. Gardner's notary public stamp] [signature]
NOTARY PUBLIC
F:\Docs\City of Cape Canaveral\Villages_of_Seaport\Villages_of_Seaport_Final.wpd
Page 7 of 7
[barcode]
CFN:2003088981
OR Book/Page: 4860 / 2081
[construction sketch of location]
[barcode]
CFN: 2003088982 03-27-2003 08:49 am
Prepared by and return to: OR Book/Page. 4860 / 2082
Anthony A. Garganese,Esq.
City Attorney, City of Cape Canaveral Scott Ellis
Brown, Ward, Salzman& Weiss,P.A.
#Pgs: 5 Clerk Of Courts, Brevard County
P.O. Box 2873 Trust: 3.00 #Names:2
Orlando,Florida 32802-2873 [illegible] 0.00 Rec: 21.00 Serv:0.00
Mtg: 0.00 Excise: 0.00
Int Tax: 0.00
PERPETUAL PUBLIC BEACH ACCESS
EASEMENT AGREEMENT
This Grant of a Public Beach Access Easement Agreement(hereinafter"Agreement")is made
this 4th day of March 2003, by THE SEAPORT OCEANFRONT
CONDOMINIUM ASSOCIATION, INC, (hereinafter "Grantor"), in favor of the CITY OF
CAPE CANAVERAL,FLORIDA,a Florida municipal corporation,(hereinafter called"Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of
Cape Canaveral, Brevard County, Florida, which is more particularly described and depicted in
Exhibit "A" attached hereto, and by this reference fully incorporated herein ("Property"); and
WHEREAS, Grantor's Property lies adjacent to the Atlantic Ocean, and
WHEREAS, for the benefit of the public and in accordance with a Development Agreement
between the parties, dated March 4, 2003 ("Development Agreement"), Grantee desires to accept
the access to, and use of, the Property; and
WHEREAS, Grantee believes there is a public need for the use of the Property to provide
public access to the beach along the Atlantic Ocean and that said access is required by the City's
Comprehensive Plan; and
NOW,THEREFORE,in consideration ofthe enumerated public purposes stated herein,and
the mutual covenants, terms, and conditions and restrictions contained herein, together with other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor
provides as follows:
1. Recitals. The foregoing recitals are acknowledged to be true and correct and by this
reference are hereby incorporated into this Agreement as if fully set forth herein.
2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its
successors and assigns, on behalf of the public, a perpetual five(5)foot access easement over,
under, and across the Property of the nature and character and to the extent hereinafter set
forth ("Easement"). The said grant of Easement includes the public's right to use the
Property for ingress and egress to and from the beaches along the Atlantic Ocean.
EXHIBIT "B"
3. Purpose of Easement. This Easement is granted in accordance with the terms and
conditions of the Development Agreement between the Grantor and Grantee and is for the
express purpose of allowing the public to have perpetual use of the Property for a pedestrian
only walkway for ingress and egress to the beaches along the Atlantic Ocean.
4. Maintenance and Compensation. Grantee shall be responsible for all costs associated
with the maintenance and upkeep of the Property. Grantor shall be responsible for all costs
associated with property taxes and assessments upon the Property. There shall be no
compensation between the Grantor or Grantee for this Easement other than as provided
within the Development Agreement, if any.
5. Public Use. Grantor agrees that the Property shall be dedicated for public use under the
terms and conditions of this Easement and during normal hours of operation of City owned
parks and beach access areas. Grantee and members of the public shall have access at all
reasonable times in order to effectuate the intent and terms of this Easement Agreement as
well as the Development Agreement.
6. Posting Sign. Grantor agrees to allow Grantee to post an informational sign at the entrance
of the Property which states that the Property is available for public ingress and egress to the
beaches along the Atlantic Ocean. The sign shall further provide the times per day with which
the walkway is open to the public. The location, design and content of such sign shall be
provided by the Grantee.
7. Improvements to Property. Grantee shall have the right at its expense to construct and
maintain improvements on the Property that are compatible with a pedestrian walkway
including, but not limited to, a wooden walkway, lighting, fencing, landscaping, trash
receptacles, directional signage, drinking fountains, and ancillary utilities.
8. Grantee's Right of Entry. Grantee is hereby granted the right of entry onto the Easement
Property for purposes of determining Grantor's compliance with this Easement and exercising
Grantee's rights under this Easement.
9. Duty Not to Overburden Easement. Grantor and Grantee agree that they, individually
and/or jointly, shall not surcharge or overburden the Easement and the use of the Easement
Property as provided hereunder.
10. Remedies For Default. The parties agree that, in the event of default, there may not be an
adequate remedy at law and, therefore,the aggrieved party shall be entitled to seek injunctive
relief, including a mandatory injunction.
[barcode]
CFN: 2003088982
OR Book/page: 4860 / 2083
2
11. Easements Run with the Land. This Easement shall remain a charge against the Property.
Therefore,this Easement shall"run with the land"and be automatically assigned by any deed
or other conveyance conveying a portion of the Property relating to this Easement, even
though the conveyance makes no reference to this Easement as such.
12. Attorneys' Fees. In the event of any legal action arising under this Agreement between the
parties, the prevailing party shall be entitled to an award of reasonable attorneys' fees, court
costs and expenses, through all administrative, trial, post-trial, and appellate proceedings.
13. Liability. To the extent permitted by law, and without waiving Grantee's right to sovereign
immunity, each party to this Easement shall be responsible for any and all claims, demands,
suits, actions, damages, and causes of action related to, or arising out of, or in any way
connected with its own actions and omissions, and the actions of its personnel and agents, in
performing their obligations and responsibilities under this Easement.
14. Recordation. Grantee shall record this instrument in a timely fashion in the Official Records
of Brevard County, Florida and may re-record it at any time as may be required to preserve
its rights in this Easement.
15. Successors. The covenants,terms, conditions,rights, and restrictions of this Easement shall
be binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors and assigns and shall continue as a servitude running in
perpetuity with the Property.
16 Sovereign Immunity. Nothing contained in this Easement shall be construed as a waiver
of the Grantee's right to sovereign immunity under Section 768.28,Florida Statutes,or other
limitations imposed on the Grantee's potential liability under state or federal law.
17. Modification. This Easement shall only be modified by a written instrument executed by
the parties hereto.
[barcode]
CFN:2003088982
OR Book/Page: 4860 / 2084
[Left blank intentionally, execution on following pages.]
3
IN WITNESS WHEREOF, Grantor and Grantee have set forth their signatures on the day
and year written below.
Witnesses: GRANTOR:
THE SEAPORT OCEANFRONT
[signature] CONDOMINIUM ASSOCIATION, INC,
Print Name: WM.H.Craig A Florida, corporation,
[signature]
Print Name: B. Gauthier By: [signature]
Name/Title President Soca
STATE OF Florida
COUNTY OF Brevard
The foregoing instrument was acknowledged before me this 14 day of March,
2003 by Placido salamone , of The
Seaport Oceanfront Condominium Association, Inc. a Florida corporation, who executed the
foregoing instrument and acknowledged before me that he/she executed the same for the uses and
purposes therein expressed and X who is personally known to me or [] who has produced
as identification and who did not take an oath.
[signature]
[notary public seal of Karen A. Gardner] Notary Public Signature
Karen A. Gardner
Typed or Printed Notary Name
Notary Public-State of Florida
Commission No.: CG823489
My commission expires: 414103
[barcode]
CFN: 2003088982
OR Book/Page 4860 / 2085
4
Witnesses: Grantee:
[signature] CITY OF CAPE CANAVERAL
a Florida municipal Corporation
Print Name: Anthony Garganese
[signature] By: [signature]
Print Name: Virginia Haas Rocky Randels
Its Mayor
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this 18th day of March,
2003 by ROCKY RANDELS, Mayor of the City of Cape Canaveral, X who is personally known to
me and X who did not take an oath.
[notary seal of Susan Stills] [signature]
Notary Public Signature
Susan Stills
Typed or Printed Notary Name
Notary Public-State of Florida FL
Commission No.: 00012391
My commission expires: March 27, 2005
[barcode]
CFN: 2003088982
OR Book/Page: 4860 / 2086
F:\Docs\City of Cape Canaveral\Villages_of_Seaport\Villages_of_Seaport_Final.wpd
5
Attachment 3
DISCUSSION:
14. City Council decision with respect to construction of a Public Beach Access
between the Shorewood and Villages of Seaport Communities: Discussion ensued and
included Mayor Pro Tern Walsh's employment by the Villages of Seaport and her
decision to abstain from voting; the need for indemnification from the property owner -
Coastal Fuels/Morgan Stanley, the parent Company. Motion by Council Member
Bond, seconded by Council Member Petsos, to do away with the discussion until
some Council at a future date may want to bring the item up. Discussion continued
and included costs; conflicts of interest; a recollection of the events in 1989 when this
easement was obtained and how residents across N. Atlantic lost their public beach
access due to the condominium development; parking issues. The motion carried 4-0
with voting as follows: Council Member Bond, For; Council Member Hoog, For;
City of Cape Canaveral, Florida
City Council Regular Meeting
November 15, 2011
Page 6 of 6
Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh,
Abstaining.
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/15/2011
Item No. 14
Subject: City Council Decision with Respect to Construction of a Public Beach Access
between the Shorewood and Villages of Seaport Communities.
Department: Public Works Services.
Summary: Staff has investigated construction of an access way to the beach for the
general public between the Shorewood and Villages of Seaport Communities, located in
the northeastern portion of the City.
Abbreviated Project History. The possible construction of an access way to the beach
for the general public between the two communities dates back to 2003. As Staff was
obtaining costs to construct the sidewalk and dune crossover as part of the proposed
work, the easement boundaries were resurveyed by Stottler Stagg & Associates (SSA).
Results of the survey indicated that the City's existing five-foot wide easement was not
adequate for the proposed Project. In addition, the City's existing easement did not
extend the entire distance from Shorewood Drive to the dune crossover area; it ended
40 feet to the east of Shorewood Drive.
The City prepared/presented revised easement agreements for review by both
communities to include an easement of sufficient length to adequately complete the
Project. Review comments from the communities included the request that the following
items be included in the easement agreements:
• Bury the Florida Power & Light (FPL) power lines within the easement;
• Construct a new dune crossover for both public and private use;
• Construct a sidewalk the entire length of the easement (i.e., from Shorewood
Drive to the dune crossover);
• Install six-foot high aluminum fences along both sides of the easement from
Shorewood Drive to the dune crossover; and
• Provide a lockable gate near the dune crossover for private use for the residents
of the Villages of Seaport.
Staff contacted FPL to obtain a cost estimate to bury the power lines as requested by
the communities. FPL replied that an additional 5 feet is required to bury the power
lines; the existing five-foot wide easement is not sufficient. Staff approached the
Shorewood Community Association (SCA) to obtain the additional five feet — the SCA
agreed to provide it by a vote of the SCA Board of Directors in September 2011.
Therefore, a 10-foot easement is available to bury the FPL power lines, if the Project
moves forward.
Construction Costs. Estimated construction costs to perform all of the items requested
to be included in the new easement agreements with the two communities are as
follows:
City Council Meeting
Date: 11/15/2011
Item No. 14
Page 2
• Acquisition of additional easement (surveying): $ 1,500
• FPL costs to bury power lines: $16,500
• Construction of dune crossover (with TREX): $50,000
• Construction of 5-foot wide sidewalk: $26,000
• Install six-foot high aluminum fences/lockable gate: $62,000
• Legal fees: $ 1,500
• Contingency (10%): $15,200
Total costs for the Project are estimated at $172,700.
Conclusions. Staff does not recommend proceeding with the proposed Project for the
following reasons:
• Parking facilities are not available for the general public in the vicinity of the City's
easement;
• Vacant land is not available in the vicinity of the City's easement to construct a
public parking facility;
• Maintenance costs will be incurred by the City to maintain the sidewalk area and
the dune crossover; and
• Estimated construction costs are high for a sidewalk and dune crossover that
would be rarely used by the general public.
Submitting Department Director: Walter Bandish Date: 10/17/11
Attachment(s): Aerial View of Shorewood and Villages of Seaport Area.
Financial Impact: Expended Staff time and survey expenses. No additional
expenditures, if Project is shelved. If Project moves forward, projected costs include the
$172,700, plus Staff time and annual maintenance.
Reviewed by Finance Director: Andrea Bowers Date: 11/4/11
The City Manager recommends that City Council take the following action(s): Not
Proceed with the Construction of a Public Beach Access between the Shorewood and
Villages of Seaport Communities.
Approved by City Manager: David L. Greene Date: 11/4/11
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
[map]
Seaport Oceanfront
Condominium Association Inc.
120 Seaport Blvd Attachment 4
Cape Canaveral FL 32920
Tele: 321-784-6400
FAX: 321-784-3403
March 26th 2015
Mr. David Greene
City Manager
City of Cape Canaveral
105 Polk Ave.
Cape Canaveral, FL 32920
Re: Request for the Termination of the Perpetual Public Beach Access Easement
Agreement between the City of Cape Canaveral and Seaport Oceanfront Condominium
Dear Mr. Greene,
Attached please find a cop'of the executed Perpetual Public Beach Access Easement
Agreement dated March 4t 2003 between The Seaport Oceanfront Condominium
Association and the City of Cape Canaveral.
Since the City of Cape Canaveral is not moving forward with a public beach access in this
location, The Seaport Oceanfront Condominium Association Inc. is requesting for this
easement agreement to be terminated and the property given back the association.
You can contact me at the above address and phone number or by my mobile number 561-
352-8588 if you have any questions or need further information.
Thank you for considering this request and please advise as to the next steps regarding the
same.
Sincerely,
[signature]
Seaport Oceanfront Condominium Association Inc.
Enclosure: copy of Perpetual Public Beach Access Easement Agreement
cc: Board of Directors
File
[barcode]
CFN:2003088982 03.7-2003 08:49 am
Prepared by and return to: OR Book/Page: 4860 / 2082
Anthony A.Garganese.Esq.
City Attorney.City of Cape Canaveral
Scott Ellis
Brown.Ward,Salzman&Weiss,P.A. Clerk of Courts,Brevard County
#Pgs: 5 #Names:2
P.O Box 2873 Trust: 3.00 Rec: 21 00 Serv: 0.00
[illegible] 0.00 Excise: 0.00
Orlando,Florida 32802-2873 Mtg: 0.00 Int Tax: 0.00
PERPETUAL PUBLIC BEACH ACCESS
EASEMENT AGREEMENT
This Grant of a Public Beach Access Easement Agreement(hereinafter"Agreement")is made
this yamday of /YIkr"t✓1^ 2003, by THE SEAPORT OCEANFRONT
CONDOMINIUM ASSOCIATION, INC, (hereinafter "Grantor"), in favor of the CITY OF
CAPE CANAVERAL,FLORIDA,a Florida municipal corporation,(hereinafter called"Grantee").
WITNESSETH.
WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of
Cape Canaveral, Brevard County, Florida, which is more particularly described and depicted in
Exhibit"A"attached hereto, and by this reference fully incorporated herein("Property");and
WHEREAS, Grantor's Property lies adjacent to the Atlantic Ocean, and
WHEREAS,for the benefit of the public and in accordance with a Development Agreement
between the panics, dated March 4, 2003 ("Development Agreement"), Grantee desires to accept
the access to, and use of, the Property;and
WHEREAS, Grantee believes there is a public need for the use of the Property to provide
public access to the beach along the Atlantic Ocean and that said access is required by the City's
Comprehensive Plan, and
NOW,THEREFORE,in consideration ofthe enumerated public purposes stated herein,and
the mutual covenants, terms, and conditions and restrictions contained herein, together with other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor
provides as follows.
1. Recitals, The foregoing recitals are acknowledged to be true and correct and by this
reference arc hereby incorporated into this Agreement as if fully set forth herein.
2. Grant of Easements Grantor hereby voluntarily grants and conveys to Grantee, its
successors and assigns,on behalf of the public,a perpetual five(5)foot access easement over,
under, and across the Property of the nature and character and to the extent hereinafter set
forth ("Easement") The said grant of Easement includes the public's right to use the
Property for ingress and egress to and from the beaches along the Atlantic Ocean.
EXHIBIT "B"
3. Purpose of Easement. This Easement is granted in accordance with the terms and
conditions of the Development Agreement between the Grantor and Grantee and is for the .
express purpose of allowing the public to have perpetual use of the Property for a pedestrian
only walkway for ingress and egress to the beaches along the Atlantic Ocean.
4. Maintenance and Compensation. Grantee shall be responsible for all costs associated
with the maintenance and upkeep of the Property. Grantor shall be responsible for all costs
associated with property taxes and assessments upon the Property. There shall be no
compensation between the Grantor or Grantee for this Easement other than as provided
within the Development Agreement, if any.
S. Public Use. Grantor agrees that the Property shall be dedicated for public use under the
terms and conditions of this Easement and during normal hours of operation of City owned
parks and beach access areas. Grantee and members of the public shall have access at an
reasonable times in order to effectuate the intent and terms of this Easement Agreement as
well as the Development Agreement
6. Postinne Sian. Grantor agrees to allow Grantee to post an informational sign at the entrance
of the Property which states that the Property is available for public ingress and egress to the
beaches along the Atlantic Ocean. The sign shall further provide the times per day with which
the walkway is open to the public. The location, design and content of such sign shall be
provided by the Grantee
7. Improvements to Property. Grantee shall have the right at its expense to construct and
maintain improvements on the Property that are compatible with a pedestrian walkway
including, but not limited to, a wooden walkway, lighting, fencing, landscaping, trash
receptacles, directional signage, drinking fountains, and ancillary utilities.
S. Grantee's Right of Entry. Grantee is hereby granted the right of entry onto the Easement
Property for purposes of determining Grantor's compliance with this Easement and exercising
Grantee's rights under this Easement.
9. Duty Not to Overburden Easement. Grantor and Grantee agree that they, individually
and/or jointly,shall not surcharge or overburden the Easement and the use of the Easement
Property as provided hereunder.
10. Remedies For Default. The parties agree that,in the event of default,there may not be an
adequate remedy at law and,therefore,the aggrieved party shall be entitled to seek injunctive
relief, including a mandatory injunction
[barcode]
CFN:2003088982
OR Book/Page: 4860 / 2083
2
11. gatements Run with the Land. This Easement shall remain a charge against the Property.
Therefore,this Easement shall"run with the land"and be automatically assigned by any deed
or other conveyance conveying a portion of the Property relating to this Easement, even
though the conveyance makes no reference to this Easement as such.
12. Attorneys'Fces. In the event of any legal action arising under this Agreement between the
parties, the prevailing party shall be entitled to an award of reasonable attorneys'fees,court
costs and expenses, through all administrative,trial, post-trial,and appellate proceedings.
13. Liability., To the extent permitted by law,and without waiving Grantee's right to sovereign
immunity, each party to this Easement shall be responsible for any and all claims,demands,
suits, actions, damages, and causes of action related to, or arising out of, or in any way
connected with its own actions and omissions,and the actions of its personnel and agents,in
performing their obligations and responsibilities under this Easement.
14. Recordation. Grantee shall record this instrument in a timely fashion in the Official Records
of Brevard County, Florida and may re-record it at any time as may be required to preserve
its rights in this Easement.
15. Successors. The covenants,terms,conditions,rights,and restrictions of this Easement shall
be binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors and assigns and shall continue as a servitude running in
perpetuity with the Property
16 Sovereign Immunity, Nothing contained in this Easement shall be construed as a waiver
of the Grantee's right to sovereign immunity under Section 768.28,Florida Statutes,or other
limitations imposed on the Grantee's potential liability under state or federal law.
17. Modification, This Easement shall only be modified by a written instrument executed by
the parties hereto
[barcode]
CFN: 2003088982
OR Book/Page: 4860 / 2084
(Left blank intentionally,execution on following pages.)
3
IN WITNESS WHEREOF,Grantor and Grantee have set forth their signatures on the day
and year written below
Witnesses. GRANTOR:
THE SEAPORT OCEANFRONT
[signature] CONDOMINIUM ASSOCIATION, INC,
Print Name: WM.H.Craig a Florida, corporation,
[signature]
Print Name: B. Gauthier By: [signature]
Name/Title President Soca
STATE OF Florida
COUNTY OF Brevard
The foregoing instrument was acknowledged before me this 14 day of March
2003 Placido Salamone of The
Seaport Oceanfront Condominium Association, Inc., a Florida corporation, who executed the
foregoing instrument and acknowledpd before me that he/she executed the same for the uses and
purposes therein expressed and X who is personally known to me or [] who has produced
as identification and who did not take an oath.
[notary seal of Karen A. Gardner] [signature]
Notary Public Signature
[signature]
Typed or Printed Notary Name
Notary Public-State of Florida
Commission No.: CG823489
My commission expires: 414103
[barcode]
CFN: 2003088982
OR Book/Page: 4860 / 2085
4
Witnesses: Grantee:
[signature] City of Cape Canaveral,
Print Name: Anthony Garganese a Florida municipal Corporation
[signature] By: [signature]
Print Name: Virginia Haas Rocky Randels
Its Mayor
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this 18th day of March,
2003 by ROCKY RANDELS, Mayor of the City of Cape Canaveral, X who is personally known to
me and X who did not take an oath.
[notary public seal of Susan Stills] [signature]
Notary Public Signature
Susan Stills
Typed or Printed Notary Name
Notary Public-State of Florida FL
Commission No.: DD 012391
My commission expires: March 27,2005
[barcode]
CFN: 2003088982
OR Book/Page: 4860 / 2086
F:\Docs\City of Cape Canaveral\Villages_of_Seaport\Villages_of_Seaport_Final.wpd
5
[barcode]
CFN:2003088981
OR Book/Page: 4860 / 2081
[construction sketch of location]
Attachment 5
Prepared by and return to:
Kimberly R. Kopp, Assistant City Attorney
Brown, Garganese,Weiss& D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407)425-9566
TERMINATION OF PERPETUAL PUBLIC BEACH ACCESS EASEMENT
THIS TERMINATION OF PERPETUAL PUBLIC BEACH ACCESS EASEMENT ("Termination
Agreement") is made and entered into this day of , 2015, by and between
THE SEAPORT OCEANFRONT CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit
association, whose address is 120 Seaport Blvd., Cape Canaveral, Florida, 32920 ("Association"), and
THE CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105
Polk Avenue, Cape Canaveral, Florida 32920("City").
WITNESSETH:
Whereas, the Association and the City previously entered into that certain Perpetual Public
Beach Access Easement Agreement, dated March 4, 2003, and recorded in Brevard County Official
Record Book 4860, Page 2082 (Easement Agreement"); and
Whereas, the parties have determined that the beach access easement is no longer needed or
necessary and therefore, the parties now desire to terminate the Easement Agreement.
NOW, THEREFORE, for good, valuable and sufficient consideration, receipt of which is
acknowledged by the parties hereto, including but not limited to the covenants herein contained, it is
agreed to as follows:
1. Recitals. The aforementioned recitals are true and correct and are hereby fully incorporated
herein by this reference and are a material part of this Termination Agreement.
2. Termination of Easement.The Easement Agreement recorded in Brevard County Official Record
Book 4860, Page 2082, is hereby deemed terminated and no longer in full force and effect. The parties
shall have no further obligation or responsibility under the Easement Agreement which is also hereby
deemed terminated of record and no longer binding upon the subject property.
3. Recordation. The City shall record this Termination Agreement in the Official Records of Brevard
County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date first
written above.
Witnesses: ASSOCIATION:
THE SEAPORT OCEANFRONT CONDOMINIUM
ASSOCIATION, INC.
Print Name:
By:
John LaBella, President
Print Name:
Termination of Perpetual Public Beach Access Agreement
City of Cape Canaveral/Seaport Oceanfront Condominium Association
Page 1 of 2
Witnesses: THE CITY OF CAPE CANAVERAL
Print Name:
By:
Rocky Randels, Mayor
Print Name:
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
2015, by John LaBella, President of The Seaport Oceanfront Condominium Association, Inc., a
Florida not-for-profit corporation, on behalf of the corporation who is personally known to me.
NOTARY
My commission expires
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
2015, by Rocky Randels, Mayor of the City of Cape Canaveral, a Florida municipal corporation, on
behalf of the corporation who is personally known to me.
NOTARY
My Commission expires
Termination of Perpetual Public Beach Access Agreement
City of Cape Canaveral/Seaport Oceanfront Condominium Association
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 04/21/2015
Item No. 9
Subject: Award Contract for Commercial Beach Mobile Cart Vending Service
Operation Franchise.
(a) Award contract for Commercial Beach Mobile Cart Vending Service Operation
Franchise for Food and Non-Alcoholic Beverages to MAGEC, LLC for a
provisional six-month period;
(b) Authorize City Manager to execute agreement for same;
(c) Authorize City Manager to extend agreement during ordinance development
period without need for further City Council approval.
Departments: Leisure Services and Economic Development
Summary: At this time, there are no contracts for Commercial Beach Vending with
the City. Attachment 1, Request For Proposal (RFP) # 2015-01, was developed to
address this gap in service. A legal advertisement was published in Florida Today
newspaper on March 13, 2015 seeking proposals from qualified applicants. Out of the
two requests for the RFP, only one proposal package was received by the City Clerk's
Office on the April 2, 2015 deadline.
The Selection Committee Members found the Proposal, Attachment 2, to be acceptable
with the exception that the vending cart included a battery-powered low speed
propulsion mechanism. The propulsion system technically is a motor and, therefore, is
not in compliance with Sec. 54-5(e)(5):
(e) ...no person or entity operating under a commercial beach vendor franchise
shall:
* * *
(5) Operate a motorized beach vending vehicle or cart on the beach or
within restricted areas;
At the time of this writing, Staff is scheduled to meet with the Applicant in the field on
April 15, 2015 to witness the cart's operation. It is believed public safety/enjoyment
would not be compromised by its use. At top speed, the cart moves at the pace of a
leisurely walk. Should something happen to the operator causing the release of the
joystick, the cart comes to a complete stop—even on an incline. Staff requests the City
Council award a provisional six-month contract to MAGEC, LLC and authorize the City
Manager to execute same. This period will be used to evaluate the motor prohibition
which could result in its future modification or deletion, as it relates only to approval of
Beach Vending Franchisees.
Sec. 54-5(b)(8) provides discretionary authority to the City Council for unanticipated
innovations in consideration of the awarding of franchises:
(b) ...In considering any bids submitted for a franchise under this section, the
city council shall consider the following criteria in addition to any criteria included
In the bid specifications:
* * *
(8) Any other criteria deemed relevant by the city council.
City Council Meting Date: 04/21/2015
Item No.
Page 2 of 2
During the provisional approval period, Staff will evaluate and make a recommendation
to the City Council for amendment of above mentioned ordinance subsection 54-5(e)
(5). Near the end of the provisional approval period, Staff will evaluate the franchise
operation and make a recommendation to the City Manager granting a franchise
contract extension during the period of ordinance development.
Staff requests that City Council authorize the City Manager to utilize the draft vendor
agreement from the RFP with updated language to reflect the provisional period and
ensure consistency/compliance with Ordinance requirements prior to execution without
need for further City Council approval.
Submitting Department Directors: Gustavo Vergara & Todd Morley Date: 04/14/15
Attachments:
1) Request For Proposal (RFP) #2015-01
2) Proposal from MAGEC, LLC
3) Beach Vending Final Rankings
Financial Impact: $500 Beach Vending Franchise Fee.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 04/14/15
The City Manager recommends that City Council tale the following actions:
(a) Award contract for Commercial Beach Mobile Cart Vending Service Operation
Franchise for Food and Non-Alcoholic Beverages to MAGEC, LLC for a
provisional six-month period;
(b) Authorize City Manager to execute agreement for same;
(c) Authorize City Manager to extend agreement during ordinance development
period without need for further City Council approval.
Approved by City Manager: David L. Greene Date: 04/14/15
Attachment 1
[city seal]
City of Cape Canaveral
REQUEST FOR PROPOSAL
COMMERCIAL BEACH MOBILE CART VENDING SERVICE
OPERATION FRANCHISE
FOOD AND NON-ALCOHOLIC BEVERAGES
LEISURE SERVICES DEPARTMENT
INTRODUCTION: The City of Cape Canaveral ("City") is located on a barrier island along the
Atlantic Ocean approximately midpoint between Miami and Jacksonville and is slightly over 50
miles east of Orlando. This 1.9 square-mile beach and coastal community is bounded on the west
by the Banana River Aquatic Preserve, on the north by Port Canaveral, on the east by the
Atlantic Ocean, and on the south by the City of Cocoa Beach. This location also means that the
community is an integral part of the retirement-resort-vacation-recreation complex of the central
beaches area of Brevard County.
PURPOSE: The City is seeking proposals from qualified firms or individuals ("Proposers" or
"Vendors'") to operate a Commercial Beach Mobile Cart Vending Service Operation Franchise
for the City's Leisure Services Department in accordance with the terms, conditions and
specifications contained in this Request for Proposal ("RFP").
APPLICATION: The City MAY enter into a Franchise Agreement granting the right and
privilege to use the sand beach areas within the City's jurisdictional boundaries to solicit and
canvass for the sale of food and non-alcoholic beverages. Said Franchise Agreement shall be for
the purpose of a Vendor operating a Commercial Beach Mobile Cart Vending Service Operation
Franchise business in the City in conformity with, and subject to, all provisions, terms and
conditions of this RFP and City Code. A Vendor's right to use the City's beaches for the
franchise purposes stated herein shall not be exclusive and the City reserves the absolute right to
grant or deny the use of its beaches to any person at any time during the period of any franchise
awarded.
RFP DUE DATE: Proposers must submit an identified "original copy" plus three (3) copies of
the proposal (including any attachments) no later than Monday, April 2, 2015 at 3:00 p.m. to the
City Clerk's Office located at 105 Polk Avenue, Cape Canaveral, Florida 32920. The proposal
shall be in a sealed envelope clearly marked "Commercial Beach Mobile Cart Vending
Service Operation Franchise, Food and Non-Alcoholic Beverages — RFP #2015-01". The
Page 1 of 22
official time shall be that marked by the City Clerk's Office. Only paper submittals shall be
accepted. Electronic or fax submittals shall not be accepted. Any proposals received after the
above time will not be considered. The City accepts no liability for delivery errors.
RFP SCHEDULE: The proposed RFP schedule is as follows:
Release RFP March 13, 2015
Last date for receipt of written questions March 27, 2015
Proposal due date April 2, 2015 (prior to 3:00 pm)
Selection Committee review and ranking deadline April 9, 2015
Intended date for contract award April 21, 2015*
*Dates indicated are tentative and may be changed by the City.
QUALIFICATIONS/INSPECTION: Proposals shall only be considered from Proposers
normally engaged in providing the types of services specified herein. The City reserves the right
to inspect each Proposer's facilities, equipment, personnel and organization at any time, or to
take any other action necessary to determine the Proposer's ability to perform. The City reserves
the absolute right to reject proposals in its sole discretion where evidence or evaluation is
determined to indicate the inability of proposers to perform the required tasks.
Any principal and all persons conducting beach vending activities on City beaches shall be
subject to a background check at owner's expense. The City may refuse to award a franchise or
may terminate an existing franchise in the event any principal or any person conducting beach
vending activities on City beaches has been convicted of a felony within the past five (5) years.
LICENSES/PERMITS/INSURANCE REQUIREMENTS: The selected Vendor shall obtain
and provide proof of all pertinent licenses, permits and insurance required to conduct business as
a Vendor in the City. Insurance coverage is to remain in force at all times during the contract
period. The City is to be named as "additional insured" with relation to general liability
insurance.
PROHIBITION OF INTEREST: No contract shall be awarded to a Proposer having an
affiliation with City elected officials, officers or employees unless the Proposer has fully
disclosed such affiliation and complied with current Florida State Statutes and related City
ordinances. Proposers must disclose any such affiliation during the selection process. Failure to
disclose any such affiliation shall result in disqualification of the Proposer and removal from the
City's approved vendor list and prohibition from engaging in any business with the City.
RFP DOCUMENTS: All Proposers shall examine this RFP carefully. Failure to adequately
review the requirements shall not relieve a successful Proposer from liability and obligation
under any contract.
CONTRACT: The initial contract term shall commence upon date of award by the City and
shall expire three years from that date. The City reserves the right to extend the contract for
additional, one (1) year terms providing all terms, conditions and specifications remain the same,
Page 2 of 22
both parties agree to the extension and such extension is approved by the City. Vendor agrees
and understands that the contract shall not be construed as an exclusive arrangement and further
agrees that the City may, at any time, secure similar or identical services at its sole option. A
proposed Vendor Agreement is included as Attachment#1.
NEWS RELEASES/PUBLICITY: News releases, publicity releases or advertisements relating
to any contract shall not be made without prior City approval.
PROPOSER'S COSTS: The City shall not be liable for any costs incurred by proposers in
responding to this RFP.
RULES AND PROPOSALS: The signer of the proposal must declare that the only person(s),
company or parties interested in the proposal as principals are named therein; that the proposal is
made without collusion with any other person(s), company or parties submitting a proposal; that
it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the
proposal has full authority to bind the principal Proposer. The City reserves the right to reject
any or all proposals, waive minor informalities or award to/negotiate with firms whose
submittals best serve the interests of the City.
DAYS AND HOURS OF OPERATION: Beach vending by the selected Vendor shall only be
authorized between the hours of 10:00 a.m. — 5:00 p.m. daily including weekends and holidays.
The successful Vendor shall have the proprietary operational rights of the beach seven (7) days
per week.
The selected Vendor shall have the right to make written application to the Leisure Services
Department Director for a change in the hours of operation which, upon the approval, shall
become the temporary hours of operation. The City reserves the right to revoke the Contract if
the selected Vendor does not adhere to the schedule of operations.
OPERATING REGULATIONS: Operating regulations for the selected Vendor are as follows:
1. All City, County and State laws and regulations relating to the operational use of the
City's beachfront areas shall be adhered to by the Vendor, his/her representatives and
employees.
2. The Vendor shall conduct his/her operation and provide contracted services in such a
manner as to maintain reasonable quiet and minimize disturbance to the general public
and shall adhere to all requirements of City Code including, but not limited to, Chapter
54 and City Ordinance No. 14-2010.
3. The security for all property, equipment and supplies owned and provided by the Vendor
shall remain the responsibility of the Vendor. Costs relating to the repair or replacement
of such items, stolen, lost or damaged shall be at the sole cost and expense of the
Vendor.
4. The Vendor shall be responsible for all damage to City property or the City beachfront
caused by the Vendor or his/her employees or agents. Any such damage shall be
corrected at the sole cost and expense of the Vendor.
Page 3 of 22
5. The Vendor shall provide a list of all proposed items and unit prices and shall not sell
anything other than that which he/she is licensed to vend.
6. The Vendor shall not leave any location without first picking up, removing and
disposing of all trash, materials or refuse remaining from sales made by him/her or the
conduct of his/her operation.
7. The Vendor's cart shall not be left unattended at any time — there shall be no overnight
storage of any type on the beach. In addition, commercial beach vending shall be
prohibited within the following areas:
a. Within conservation areas, dunes or other protected zones.
b. Within beach parking areas.
c. Within pedestrian beach approaches.
d. Within 25 feet of any lifeguard tower or facility.
SEA TURTLES: The Vendor must understand that marine turtle nesting activity may be
ongoing between the period of March 1 and October 31, or as determined by the State of Florida
and its departments/agencies each year. It is the responsibility of the Vendor to abide by any
order issued by the State of Florida and/or cooperate with Brevard County to ensure that nesting
surveys may be conducted in accordance with the conditions set forth by the State. If the Vendor
or his/her staff sees someone harassing a sea turtle or poaching a nest, the Vendor shall
immediately call the Florida Fish and Wildlife Conservation Commission at 1-888-404-3922.
DESCRIPTION OF SERVICES: The proposer shall provide the City with a detailed description
of the scope of his/her proposed beach vending operation including, but not limited to, a
description of the food and beverages to be sold; an operations schedule including proposed days
of services to provide vending services; number and description of carts or other apparatus used
to store or transport merchandise; and the proposed price of all merchandise.
FRANCHISE FEES: A per cart franchise fee of$500 shall be payable by the operator to the
City upon the contract execution and annually each year thereafter, including but not limited to
renewal years, if applicable.
CART STRUCTURE: Carts shall be equipped with at least two wheels and designed for easy
movement, but shall not be motorized or propelled in any manner other than by the walking
motion of the Vendor personnel, with exception that a handicapped person may use other
appropriate means of movement. The cart shall not have attached to it any bell, siren, horn, radio,
amplified music system, loudspeaker or any similar device to attract attention. Any activity that
disturbs the public is prohibited. The Vendor shall not use any sign or advertising except for the
posting of prices, the names of the products and the name of the vending operation. Freestanding
signs of any kind are not permitted. Each cart shall be enclosed on all sides and covered with an
appropriate material to prevent exposure of the food or food product to wind, dust, sand, insects
or the elements, and shall meet such other regulations as may be required by the Brevard County
Health Department and State of Florida.
SECURITY: Security of the cart(s) shall be the responsibility of the Vendor. Cart(s) must be
removed in the event of weather related danger (i.e., hurricane watch or warning) or at any other
time the City determines the need for removal.
Page 4 of 22
SERVICE TEST PERIOD: If the Vendor has not previously performed services for the City,
the City reserves the right to require a test period to determine if the Vendor can perform in
accordance with the requirements of the contract, and to the City's satisfaction. Such test period
can be from thirty (30) to ninety (90) days, and shall be conducted under all specifications, terms
and conditions contained in the contract.
VENDOR PERFORMANCE REVIEWS AND RATINGS: The City shall develop a Vendor
performance evaluation report. This report shall be used to periodically review and rate the
Vendor's performance under the contract with performance ratings as follows:
Excellent Far exceeds requirements.
Good Exceeds requirements.
Fair Just meets requirements.
Poor Does not meet all requirements and Vendor is subject to possible
termination.
Noncompliance Either continued poor performance after notice or a performance
level that does not meet a significant portion of the requirements.
This rating makes the Vendor subject to the default or cancellation
for cause provisions of the contract.
The report shall also list all discrepancies found during the review period. The Vendor shall be
provided with a copy of the report, and may respond in writing if he/she takes exception to it or
wishes to comment. Vendor reviews and subsequent reports shall be used in determining the
suitability of contract extension.
ADMINISTRATIVE SERVICES. Personnel services provided by the Vendor shall be by
employees of the Vendor and subject to supervision by the Vendor, and not as officers,
employees or agents of the City. Personnel policies, tax responsibilities, social security, health
insurance, employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under any contract shall be those of the Vendor. The Vendor
must also maintain a Drug-Free Workplace Program. The City's program requirements are
included on Attachment#2; this form must be included with each proposal.
SUBCONTRACTORS: Subcontractors shall not be permitted under this contract.
DAMAGE TO PUBLIC OR PRIVATE PROPERTY: Damage to public and/or private
property as a result of Vendor operations shall be the responsibility of the Vendor and shall be
repaired and/or replaced at no additional cost to the City.
INSURANCE:
1. Insurance Requirements: Upon award, the Vendor shall be required to obtain and
furnish to the City, prior to the contract being effective, Certificates of Insurance
approved by the City. All insurance policies shall be with insurers with an acceptable
rating, registered and licensed to do business in the State of Florida. The Vendor shall be
Page 5 of 22
required to name the City as an additional named insured with the following minimum
coverages:
a. Workers' Compensation: Is required in accordance with the applicable provisions
of Florida Law.
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor
with minimum limits not less than the following:
$1.000,000 Bodily Injury and Property Damage—each occurrence
$1,000,000 Personal and Advertising Injury—each occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability
c. Automobile Liability Insurance: Shall be maintained by the Vendor with a
combined single limit of not less than $1,000,000 bodily injury and property damage
in accordance with the laws of the State of Florida, as to the ownership, maintenance
and use of all owned, non-owned, leased or hired vehicles.
The above requirements may be reduced in the final contract at the City"s sole discretion.
PROPOSAL: The following shall be fully addressed in the Proposal:
1. Statement of Qualifications:
Provide a Statement of Understanding of the critical issues and opportunities associated
with the proposed services and how the Proposer is uniquely qualified to assist the City
in this effort.
2. Preliminary Scope of Services:
Provide an outline detailing the approach and concept of the vending service and a
proposed scope of services to demonstrate an understanding of the service.
3. Operations Schedule:
Provide an operations schedule including proposed days of services to provide vending
services.
4. Cart Appearance:
Provide a color photograph that includes cart specifications.
5. Uniform:
Provide a color photograph of the Vendor's uniform.
6. Products and Services Offered:
Provide a list of all proposed items to be sold and unit prices.
7. Experience:
State and document the number of years of experience the Proposer has had in providing
similar services. List clients for whose services have been provided in the last three
years. Provide client names, addresses, telephone numbers, client contacts, e-mail
addresses and dates that the services were provided.
Page 6 of 22
8. Employees:
Provide proof that the business has sufficient employees to provide coverage at the onset
of the contract. List those persons who may have a management position working with
the City - list the names, titles or positions and the project duties.
9. Permits/Licenses:
Provide copies of all County, State and City permits and licenses.
10. Drug-Free Workplace Program:
Execute and include the appropriate form, see attachment#2.
CONSIDERATION FOR AWARD/AWARD PROCEDURES: The award of the contract shall be
based on certain objectives and subjective considerations, and shall be based upon an evaluation point
system as follows:
Hours of operation: 0 to 15 points
Products and services offered for sale: 0 to 20 points
Concession experience/business references: 0 to 25 points
Cart appearance: 0 to 15 points
Vendor uniform appearance: 0 to 10 points
Licenses/permits and executed Drug-Free Workplace Program Form: 0 to 15 points
The evaluation of proposals shall be conducted by a Selection Committee of City Staff. The
Committee shall score and rank all responsive proposals and determine a minimum of three (3)
Proposers to be finalists for further consideration. In the event there are less than three (3)
responsive proposals, the Committee shall give further consideration to all responsive proposals
received. If necessary, the Committee shall then conduct interviews, for clarification purposes
only, with the finalists and re-score the proposals. The Committee shall then make a
recommendation to the Cape Canaveral City Council for award.
Proposers or finalists may be required to provide an oral presentation by appearing before the
Selection Committee. The City may also require additional information and Proposers shall
agree to furnish such information. The City reserves the absolute right in its sole discretion to
award the contract to the Vendor who shall best serve the interests of the City. The City reserves
the right, based upon its deliberations and in its opinion, to accept or reject any or all proposals.
The City also reserves the right to waive minor irregularities or variations to the specifications
and in the proposal process.
STANDARD TERMS AND CONDITIONS:
Acceptance and Rejection: The City reserves the absolute right to accept or reject any and all
Proposals and to accept the Proposal which best serves the interests of the City of Cape
Canaveral. The City may award sections individually or collectively, whichever is in its best
interest, unless the Vendor only intends to propose for the contract in its entirety.
Conflict: In the event that a conflict arises as to the contents of the RFP and the Agreement, the
Agreement shall govern.
Economy of Preparation: The Proposals should provide a straightforward, concise description
of the Vendor's ability to fulfill the requirements of the Proposal.
Page 7 of 22
Indemnification and Hold Harmless: By submitting a response document signed by an
authorized agent of the Vendor, the Vendor acknowledges and accepts the terms and conditions
of the following indemnification statement in the event of award:
"For all Services performed pursuant to this Agreement, the
Vendor agrees to the fullest extent permitted by law, to indemnify
and hold harmless the City and its employees, officers, and
attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including
reasonable attorney's fees), directly or indirectly arising from the
negligent acts, errors, omissions, intentional or otherwise, arising
out of or resulting from Vendor's performance of any Services
provided pursuant to this Agreement.
The indemnification provided above shall obligate the Vendor to
defend at his/her own expense or to provide for such defense, at
the option of the City, as the case may be, of any and all claims of
liability and all suits and actions of every name and description
that may be brought against the City or its employees, officers and
attorneys which may result from the Services under this
Agreement whether the Services be performed by the Vendor or
anyone directly or indirectly employed by them. In all events, the
City shall be permitted to choose legal counsel of its sole choice,
the fees for which shall be reasonable and subject to and included
with this indemnification provided herein. This paragraph shall
survive termination of this Agreement."
Informalities: The City of Cape Canaveral reserves the absolute right to both waive any minor
informality in Proposals and to determine, in its sole discretion, whether or not the informality is
minor.
Information: Vendors are to furnish all information requested. Failure to do so may be cause
for rejection.
Interpretations: Any questions concerning conditions and specifications shall be directed to the
Leisure Services Director at 321-868-1226 or g.vergara@cityofcapecanaveral.org.
Interpretations that may affect the eventual outcome of this Proposal will be furnished in writing
to all prospective Vendors. No interpretations shall be considered binding unless provided in
writing by the City of Cape Canaveral.
Non-Discrimination: The successful Vendor will comply with all federal and state requirements
concerning fair employment and will not discriminate by reason of race, color, age, religion, sex,
national origin or physical handicap.
Page 8 of 22
Patents and Copyrights: The Vendor will agree to hold harmless the City of Cape Canaveral,
its officers, agents, employees, and attorneys from liability from any kind, including costs and
expenses, with respect to any claim, action, cost or judgment for patent or copyright
infringement.
Public Records: In accordance with section 119.0701, Florida Statutes, Contractor agrees that
all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data
processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to this agreement or in connection with any funds
provided by the City pursuant to this Agreement may be considered public records pursuant to
Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records
that ordinarily and necessarily would be required by the City in order to perform the services
required by this Agreement. Contractor also agrees to provide the public with access to public
records on the same terms and conditions that the City would provide the records and at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided
by law. Contractor shall also ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by
law. In addition, Contractor shall meet all requirements for retaining public records and transfer,
at no cost, to the City all public records in possession of the Contractor upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be provided
to the City in a format that is compatible with the information technology systems of the City. If
Contractor does not comply with a public records request, the City shall have the right to enforce
the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions
of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City
suffers a third party award of attorney's fees and/or damages for violating the provisions of
Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this
Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees
and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor.
And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees
and damages which the City was required to pay a third party because of Contractor's failure to
comply with the provisions of this Paragraph. This Paragraph shall survive the termination of
this Agreement.
Time for Considerations: Proposals will be irrevocable after the time and date set for the
opening of Proposals and for a period of ninety (90) days thereafter.
Trade Secrets: Proposers should not send trade secrets. If, however, trade secrets are claimed
by a Proposer, they will not be considered as trade secrets until the City is presented with the
alleged secrets, together with proof, that they are legally trade secrets. The City will then
determine whether it agrees and consents that they are in fact trade secrets. If a Proposer fails to
submit a claim of trade secrets to the City before obtaining the City's agreement, any
subsequently claimed trade secrets will be treated as public records and will be provided to any
person or entity making a public records request for the information.
Page 9 of 22
Attachment #1
Vendor Agreement
Page 10 of 22
VENDOR AGREEMENT
THIS AGREEMENT is made this day of , ("Effective
Date"), by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal
corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and
whose address is
Florida("Vendor").
RECITALS:
WHEREAS, the Vendor desires to offer
("Services") for the benefit of the public using the sand beach areas within the City's
jurisdictional boundaries; and
WHEREAS, the City desires to allow the Vendor to offer such Services to the public
under the terms and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good,
diverse and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged,the parties desiring to be legally bound do hereby agree as follows:
ARTICLE 1
GENERAL PROVISIONS
1.1 Engagement. The City hereby engages the Vendor for the stated fee arrangement
and the Vendor agrees to perform the Services outlined in the Request for Proposal, attached
hereto as EXHIBIT "A", which is fully incorporated herein by this reference. No prior or
present agreements or representations shall be binding upon any of the parties hereto unless
incorporated in this Agreement.
1.2 Due Diligence. The Vendor acknowledges that he/she has conducted an
investigation prior to execution of this Agreement and satisfied himself/herself as to the
conditions affecting the Services, the availability of materials and labor, the cost thereof, the
requirements to obtain necessary insurance as set forth herein, and the steps necessary to
complete the Services herein. The Vendor warrants unto the City that he/she has the competence
and abilities to carefully and faithfully complete the Services set forth herein. The Vendor shall
perform the Services with due and reasonable diligence consistent with sound professional
practices.
Page 11 of 22
1.3 Consultants Competitive Negotiation Act Services. The Vendor warrants unto
the City that the services being performed pursuant to this Agreement do not constitute
professional services as defined by Section 287.055(2) (a), Florida Statutes.
ARTICLE 2
PAYMENT TERMS
2.1 Payment Terms. Annual payment of$500 per cart is due upon contract execution and at
each annual renewal period thereafter. Franchise fee payments shall be sent to the parties at the
following address:
City of Cape Canaveral
Leisure Services Director
P.O. Box 326
Cape Canaveral, Fl. 32920
ARTICLE 3
GENERAL CONDITIONS OF SERVICES
3.1 Provision of Services is a Private Undertaking. With regard to any and all
Services performed hereunder, it is specifically understood and agreed to by and between the
parties hereto that the contractual relationship between the City and the Vendor is such that the
Vendor is not an agent of the City. Nothing in this Agreement shall be interpreted to establish
any relationship other than that of an independent contractor between the City and the Vendor
during or after the performance of the Services under this Agreement.
3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has
sufficient experience to properly complete the Services specified herein or as may be performed
pursuant to this Agreement. The Vendor shall comply with all laws, ordinances, rules and
regulations in the performance of the Services. The Vendor shall pay all taxes, fees and license
fees required by law, including but not limited to Local Business Tax Receipts and withholding
taxes and assume all costs incident to the Services, except as provided herein.
ARTICLE 4
SUBCONTRACTS; ASSIGNMENT
4.1 Assignment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest
in (including, but without limitations, moneys that may become due) this Agreement without the
written consent of the City, except to the extent that any assignment, sublet, or transfer is
mandated by law or the effect of this limitation may be restricted by law. Unless specifically
stated to the contrary in any written consent to any assignment, no assignment shall release or
Page 12 of 22
discharge the assignor from any duty or responsibility under this Agreement. Further, the
Vendor shall not subcontract any portion or all of the Services without the written consent of the
City. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than the City and the Vendor, and all duties and responsibilities
undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the City and
the Vendor and not for the benefit of any other party.
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Governing Law; Venue. This Contract shall be governed by the law of the State
of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The
parties agree that the Agreement was consummated in Brevard County, and the site of the
Services is Brevard County. If any dispute concerning this Contract arises under federal law, the
venue shall be Orlando, Florida.
5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall
be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery
to an individual authorized to receive mail for the below listed individuals, all to the following
individuals at the following locations:
TO THE CITY:
David L. Greene
City Manager
City of Cape Canaveral
P.O. Box 326 (105 Polk Avenue)
Cape Canaveral, FL 32920
(321) 868-1220 (Phone)
(321) 868-1248 (Fax)
TO THE VENDOR:
Name:
Address:
Telephone:
Fax:
Notice shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall
be deemed to have been given upon the date said notice was deposited in the U.S. Mail
addressed in the manner set forth above. Any party hereto by giving notice in the manner set
Page 13 of 22
forth herein may unilaterally change the name of the person to whom notice is to be given or the
address at which notice is to be received.
5.3 Public Record. In accordance with section 119.0701, Florida Statutes,
Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs,
sound recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to this agreement or in
connection with any funds provided by the City pursuant to this Agreement may be considered
public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain
any and all public records that ordinarily and necessarily would be required by the City in order
to perform the services required by this Agreement. Contractor also agrees to provide the public
with access to public records on the same terms and conditions that the City would provide the
records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or
as otherwise provided by law. Contractor shall also ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law. In addition, Contractor shall meet all requirements for retaining public
records and transfer, at no cost, to the City all public records in possession of the Contractor
upon termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the information
technology systems of the City. If Contractor does not comply with a public records request, the
City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor
fails to comply with the provisions of this Paragraph, and the City is required to enforce the
provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or
damages for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure
to comply with the provisions of this Paragraph, the City shall be entitled to collect from
Contractor prevailing party attorney's fees and costs. and any damages incurred by the City, for
enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to
reimbursement of any and all attorney's fees and damages which the City was required to pay a
third party because of Contractor's failure to comply with the provisions of this Paragraph. This
Paragraph shall survive the termination of this Agreement.
5.4 Amendment of Agreement. Modifications or changes in this Agreement must
be in writing and executed by the parties bound to this Agreement.
5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal,
unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from
this Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional
word, sentence or paragraph did not exist.
Page 14 of 22
5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between
the parties hereto, the parties agree to bear their own costs and attorney's fees.
5.7 Entire Agreement. This Agreement represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations or
Agreements, either oral or written, and all such matters shall be deemed merged into this
Agreement.
5.8 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, Florida Statutes or other limitations imposed
on the City's potential liability under state or federal law. As such, Vendor agrees that the City
shall not be liable under this Agreement for punitive damages or interest for the period before
judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to
any one person for more than two hundred thousand dollars ($200,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the
State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the
sum of three hundred thousand dollars ($300,000.00).
ARTICLE 6
PROTECTION OF PERSONS AND PROPERTY; INSURANCE
6.1 Workers' Compensation. Upon the effective date of this Agreement, Vendor
shall provide proof of workers' compensation insurance in the minimum amount required by law
(if required).
6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be
required to obtain and furnish to the City, prior to the contract being effective, Certificates of
Insurance approved by the City. All insurance policies shall be with insurers with an acceptable
rating, registered and licensed to do business in the State of Florida. The Vendor shall be
required to name the City as an additional named insured with the following minimum
coverages:
a. Workers' Compensation: Upon the effective date of this agreement, Vendor shall
provide proof of workers' compensation insurance in the minimum amount required by
law (if required).
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor
with minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage—each occurrence
$1,000,000 Personal and Advertising Injury—each occurrence
$2,000,000 General Aggregate
Page 15 of 22
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability.
c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined
single limit of not less than $1,000,000 bodily injury and property damage in accordance
with the laws of the State of Florida, as to the ownership, maintenance and use of all
owned,non-owned, leased or hired vehicles.
(The above requirements may be reduced in the final contract at the City's sole discretion.)
6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The
insurance required by this Article shall include the liability and coverage provided herein, or as
required by law, whichever requirements afford greater coverage. All of the policies of
insurance so required to be purchased and maintained for the certificates (or other evidence
thereof) shall contain a provision or endorsement that the coverage afforded shall not be
canceled, materially changed or renewal refused until at least thirty (30) days prior written notice
has been given to the City and the Vendor by certified mail, return receipt requested. All such
insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary,
the City shall be named on the foregoing insurance policies as "additional insured". The Vendor
shall cause its insurance carriers to furnish insurance certificates specifying the types and
amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a
statement that no insurance under such policies shall be canceled without thirty (30) days prior
written notice to the City in compliance with other provisions of this Agreement. For all
Services performed pursuant to this Agreement, the Vendor shall continuously maintain such
insurance as required by Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said
insurance, City, at its option, may elect to terminate this Agreement by written notice to Vendor.
6.4 Indemnification and Hold Harmless. For all Services performed pursuant to
this Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City and its employees, officers, and attorneys from and against all claims, losses,
damages, personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions,
intentional or otherwise, arising out of or resulting from Vendor's performance of any Services
provided pursuant to this Agreement.
The indemnification provided above shall obligate the Vendor to defend at his/her own expense
or to provide for such defense, at the option of the City, as the case may be, of any and all claims
of liability and all suits and actions of every name and description that may be brought against
the City or its employees, officers and attorneys which may result from the Services under this
Agreement whether the Services be performed by the Vendor or anyone directly or indirectly
Page 16 of 22
employed by them. In all events, the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this
indemnification provided herein. This paragraph 6.4 shall survive termination of this
Agreement.
6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use
that degree of care and skill ordinarily exercised, under similar circumstances by reputable
persons providing the same or similar services.
ARTICLE 7
TERMINATION OF THE CONTRACT
7.1 Termination by City. The City Council may terminate this Agreement with five
(5) days written notice to Vendor. Such termination shall be at City Council's sole discretion.
7.2 Termination for Cause by City. Vendor acknowledges and agrees that if,
through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under
this Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City
Manager or City Manager's designee may upon written notice to the Vendor, terminate the right
of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to
which there has been default, and may hold the Vendor liable for any damages caused to the City
by reason of such default and termination. In the event of such termination, the Vendor shall not
be relieved of liability to the City for damages sustained by the City by reason of any breach of
this Agreement by the vendor.
7.3 Termination by Vendor. With at least five (5) days written notice to the City,
Vendor may terminate this Agreement if the City fails to comply with the terms and conditions
of this Agreement.
7.4 Termination by Consent. This Agreement may be terminated by the mutual
written consent of both parties at any time, and without penalty.
7.5 Upon Termination. Upon termination of this Agreement, Vendor shall be
entitled to no additional compensation. Upon notice of termination, the Vendor shall cease all
Services being provided hereunder.
7.6 Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a waiver of the City's right to later
claim a failure to perform on the part of the Vendor.
Page 17 of 22
ARTICLE 8
TERM OF AGREEMENT
8.1 Term. The term of this Agreement shall commence on the Effective Date of this
Agreement and end on , unless extended by mutual written agreement of the
parties.
ARTICLE 9
CONFLICTS
9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit"A" and
the Agreement,the Agreement shall govern.
[Signature page to follow]
Page 18 of 22
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as
of the date first written above.
CITY:
CITY OF CAPE CANAVERAL, FLORIDA
ATTEST:
David L. Greene, City Manager
Title: Date:
VENDOR:
ATTEST:
Print Name:
Title: Date:
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of , 20 ,
by , as for ,
who is personally known or produced identification
(NOTARY SEAL) Notary Public Signature
Typed or Printed Notary Name:
Page 19 of 22
Exhibit A
COMMERCIAL BEACH MOBILE CART
VENDING SERVICE OPERATION FRANCHISE
FOOD AND NON-ALCOHOLIC BEVERAGES
RFP #2015-01
Page 20 of 22
Attachment #2
Drug-Free Workplace Program Form
Page 21 of 22
DRUG-FREE WORKPLACE PROGRAM
RFP#2015 - 01
To be considered for a Contract for this RFP, each Proposer must have a Drug-Free Workplace
Program in-place. In order to have a drug-free workplace program, a Proposer shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing or possession of a controlled substance is prohibited in the workplace and
specifying the actions that shall be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the Proposer's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services a copy
of the statement specified in subsection(1) above.
4. In the statement specified in subsection (1) above, notify the employees that, as a
condition of working on the commodities or contractual services, the employee shall
abide by the terms of the statement and shall notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace
no later than five(5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this Proposer complies fully with the
above requirements.
Proposer Signature Name of Company
Proposer Printed Name
Page 22 of 22
Attachment 2
Commercial Beach Mobile
Cart Vending Service
Operation Franchise, Food
and Non -Alcoholic
Beverages RFP #2015-01 .
[MAGEC, LLC logo]
Statement of Qualifications
• MAGEC, LLC is a family-owned and operated business.
MAGEC, LLC has created a unique business model that
will provide the beach goers with Hawaiian Shaved Ice
and bottled water. MAGEC, LLC has created a mobile
vending cart that has the ability to operate on
rechargeable batteries with no noise. This one of a
kind cart was designed, engineered, and built by
MAGEC, LLC to be fully self-contained. The cart
measures approximately 40 inches in length by 34
inches in width and operates from the power of the
electric motor of an electric wheelchair with the
wheelchair joystick to control the steering.
• The cart is built to travel across the sand and operates
at a walking pace. The cart operates with the use of
the wheelchair joystick, and therefore can maneuver
in any direction and turns with ease. The wheels lock
in place when the cart is not in motion.
• The Shaved Ice Machine operates from a battery, also
generating no noise.
Preliminary Scope of
Services
• The concept is to provide beach goers with
refreshing treat at a nominal cost with as
little to no impact on the environment. The
concept is to have a mobile, non-invasive cart
that will provide Hawaiian Shaved Ice and
Bottled Water to people on the beach.
MAGEC, LLC will provide these services on a
daily basis from 10am — 5pm, weather
permitting.
Operations Schedule
• MAGEC, LLC plans to operate the business
seven days a week from 10am until 5pm,
including holidays from March/April through
September.
• From October through March, weather
permitting, MAGEC, LLC will operate on
weekend days from 10am until 5pm.
Operations Schedule
[calendars denoting that they'd be operating from April 1 to September 30th, 7 days weather permitting during September]
Cart Appearance
[picture]
[picture]
[picture]
Uniform
The employees of Chilli Whillie's Shaved Ice
will wear t-shirts with the below logo on the
front, as well as appropriate Bermuda or
Board shorts.
[picture of logo]
Products and Services
Offered
• MAGEC, LLC will sell Hawaiian Shaved Ice for $3
and bottled water for $1. The customers will
have the option of selecting from the following
flavors:
Bubble Gum, Cherry, Cotton Candy, Lemon, Green Apple, Blue Raspberry, Peach, Orange, Root Beer, Pineapple, Margarita, Banana, Watermelon, Strawbarry, Pina Colada
• MAGEC, LLC will be using materials that are paper
based and environmentally friendly where
applicable.
Experience
• The owner and management of MAGEC, LLC
have over 40 years experience in the service
industry.
• The owner, William Michalski, is a self-
employed business man who operated a
service station in Pittsburgh, PA from 1974 —
1984, and was a New Car Service Manager
for a Chevrolet Dealership from 1984 — 2002.
Before retiring, he was a manager at Lowe's
from 2010 — 2014.
• The management is comprised of business
owner, David Michalski. David owns a
corporate training company that is a partner
of Dell Corporation, and owned and operated
a restaurant from 2010 - 2012.
Employees
• The business will be operated on a daily basis
by the owner/operator of MAGEC, LLC.
• Owner: William Michalski
• Manager: David Michalski
Permits/Licenses
• Florida Department of Agriculture and
Consumer Services Division of Food Safety
Annual Food Permit Application
Commissary Letter of Agreement
Food Inspection Report
• State of Florida Sales and Use Tax Certification
• Orange County Business Tax Receipt
• Florida Department of State
Division of Corporations
Articles of Incorporation
• Department of the Treasury
Federal Tax Identification
Florida Department of Agriculture and Consumer Services
Division of Food Safety [barcode]
ANNUAL FOOD PERMIT APPLICATION
visit # 1525004161
ADAM H. PUTNAM
COMMISSIONER Chapter 500,Florida Statutes Bureau of Food and Meat Inspection
(850)245-5520 Attention:Records Section
3125 Conner Boulevard,C-26
Print Date: February 26,2015 Tallahassee,FL 32399-1650
Note:Inspection by the Department is required prior to submission of this application
The Florida Department of Agriculture and Consumer Services is the exclusive regulatory and permitting authority for any person,
business or corporation engaged in manufacturing, processing, packing, holding or preparing food or selling food at wholesale or
retail. For purposes of this application, food is considered to include, but is not limited to, all prepackaged grocery items, prepared
foods, packaged ice, bottled or vended water, candy and other snack foods, soda, infant formula, vitamin and mineral dietary
supplements.
INFORMATION ABOUT THE LOCATION TO BE PERMITTED
Fntity Number. Food Entity Type: 164 Territory:501 Established Date:0226!2015
( Sells directly to consumer ()Sells to other businesses ()Both
()Water treatment:
(X)W disposal type:Pending
W source:Pending
( New Business ()Corrected Information ()Other:
Food Entity Name: MAGEC LLC
Type Description: Mobile Vendor
Location Address: 3831 AVALON PARK E BLVD County: Orange
City/State/Zip: ORLANDO,FL-32828
Phone Number. (240)507-8422
Directions:
I INFORMATION ABOUT THE OWNER
Name of the owner. MAGEC LLC
Business Type: CORPORATION
Phone Number: (240)507-8422
Mailing Address: 14335 PEBBLE BEACH BLVD
City/State/Zip: ORLANDO,FL-32826
E-mail: michalski_david@yahoo.com
Federal Employers ID#(FEIN): 473054046
Sales Tax#: 5880166373571
This application must be signed by the applicant,owner or chief executive of the applicant,without the need for witness.If a
corporation is in the hands of a receiver or trustee,this application shall be executed on behalf of the corporation by the receiver
or trustee.I certify that I am empowered to execute this application as required by Chapter 500,Florida Statutes.
Print Name of Applicant [print name] Title President
Signature of Applicant: [signature] Date 2/24/15
MACS-14205 Rev.07/13
Page 1 of 1
Florida Department of Agriculture and Consumer Services
Division of Food Safety Bureau of Food and Meat Inspection
3125 Conner Boulevard C-26
ADAM H. PUTNAM COMMISSARY LETTER OF AGREEMENT Tallahassee,FL 32399-1650
COMMSSIONER (850)245-5520
5K-4.002 and 5K-420 F.A.C.
This form is to be Bled out and given to the FDACS inspector in the field and submitted as part of a mobile food
establishment permit application or with a package ice plant self-vending permit application that requires a commissary.
SECTION 1—MOBILE FOOD ESTABLISHMENT(Mw)OR SELF VENDING ICE UNIT(SVIU)INFORMATION
Owner Name Phone Number(include arca code)
William Michalski 2405078422
Owner Mailing Address
14335 Pebble Beach Blvd Permit Number
City Zip Code(+4 optional) County
Orlando 32826 Orange
I hereby certify the provided information is correct and understand permit approval is contingent upon verification of an approved commissary.
Print Name(Owner of MFE or SVIU) Signature(Owner of MFE or SVIU) Date
William Michalski [signature] 2/27/15
SECTION 2—PRIMARY COMMISSARY INFORMATION
Primary Commissary Name Avalon Park Pizza
Commissary Address 3821 Avalon Park Blvd
City Zip Code(+4 optional) County
Orlando 32828 Orange
Primary Phone Number(include area code)
407.380.3300
Commissary License/Permit Number Primary E-Mail Address
SEA5810868
Licensed By ❑Department of Agriculture&Consumer Services ❑Department of Business and Professional Regulation
(check one) ✓ Department of Health ❑None
Water Supply at Primary
Commissary ✓ Municipal/Utility ✓ Supplier Name OUC
❑ On-site Well ❑ Permit Number
✓ Municipal/Utility ✓ Supplier Name OUC
Wastewater Disposal of ❑Septic Tank System ❑Permit Number
Primary Commissary
❑Package Plant
I intend to provide the following activities at this commissary:
Dish or equipment washing ✓ Yes ❑No Storing of food and dry goods(room temperature) ❑yes ✓ No
Dumping wastewater ✓ Yes ❑ No Cold Storage of food(including ice and drinks) ✓ Yes ❑No
Receiving potable wafer ✓ Yes ❑ No Cooking and/or reheating food ❑ Yes ✓ No
Washing the outside of the vehicle ❑ Yes ✓ No Three compartment sink ❑ Yes ✓ No
Restroom facilities ❑ Yes ✓ No Other(Describe below) ❑Yes ❑ No
Describe other activities here
Signing this document will allow FDACS Food Inspectors entry to my business during normal hours of operation for evaluation of facilities.
Print Name (of Person in Charge of Commissary) Signature (of Person in Charge of Commissary) Date
Origilio Alfonso [signature] 2/27/15
Are additional commissaries used? ❑ Yes ❑ No If yes, List additional commissaries on next page, use as many pages as needed.
DACS-14223 Page 1 of 2
Florida Department of Agriculture and Consumer Services
Division of Food Safety
[barcode]
FOOD SAFETY INSPECTION REPORT Visit# 1525-0041-81
Bureau of Food and Meat Inspection
Chapter 500,Florida Statutes Mention:Records Section
(850)245-5520 3125 Corner Boulevard,C-26
ADAM H.PUTNAM Tallahassee,FL 32399-1650
COMwNSSIONER Print Date: February 26,2015
Food Entity Number:
Food Entity Name: MAGEC LLC
Date of Visit: February 26,2015
Food Entity Address: 3831 AVALON PARK E BLVD ORLANDO,FL32828
Food Entity Mailing Address: 14335 PEBBLE BEACH BLVD ORLANDO,FL 32826
Food Entity Type/Description: 164/Mobile Vendor
Food Entity Owner: MAGEC LLC Owner Code-.
OVERALL RATING-PASSED
On February 26,2015,MAGEC LLC was inspected by MATTHEW JOHNS,a representative of the Florida Department of
Agriculture and Consumer Services and the Overall Sanitation Rating was PASSED.
PERMIT APPLICATION INFORMATION
Permit Application Information was verified with management.
FIELD TESTS
The following field tests were conducted with the results as indicated.
Legal Illegal
LOTS EXAMINED FOR INFESTATION 1 0
COMPLIANCE KEY
IN=In Compliance OUT=Not In Compliance N/O=Not Observed N/A=Not Applicable
FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS
Violation Compliance
Number Violation Description
1 IN Supervision:Person in Charge present,demonstrates knowledge,and performs duties
2 IN Employee Health:Management,food employee and conditional employee;knowledge,
responsibilities and reporting
3 IN Employee Health:Proper use of restriction and exclusion
4 IN Good Hygienic Practices:Proper eating,tasting,drinking,or tobacco use
5 IN Good Hygienic Practices:No discharge from eyes,nose,and mouth
6 IN Preventing Contamination by Hands:Hands clean and properly washed
7 N/O Preventing Contamination by Hands:No bare hand contact with ready-to-eat foods or approved
alternate method properly followed
8 IN Preventing Contamination by Hands:Adequate handwashing sinks,properly supplied and
accessible
9 IN Approved Source:Food obtained from approved source
10 N/A Approved Source:Food received at proper temperature
11 IN Approved Source:Food in good condition,safe and unadulterated
FDACS 14205 Rev.07/13
Page 1 of 3
Florida Department of Agriculture and Consumer Services
Division of Food Safety
[barcode]
FOOD SAFETY INSPECTION REPORT Visit# 1525-0041-61
Bureau of Food and Meat Inspection
Chapter 500,Florida Statutes Attention:Records Section
(850) 245-5520 3125 Conner Boulevard,C-26
ADAM H.PUTNAM Tallahassee.FL 32399-1650
COMMISSIONER Print Date: February 26,2015
Food Entity Number.
Food Entity Name: MAGEC LLC
Date of Visit February 26,2015
Florida Department of Agriculture and Consumer Services,P.O.Box 6720,Tallahassee FL 32314-6720.Checks and money
orders are to be payable to Florida Department of Agriculture and Consumer Services.All payments must include the Food Entity
number and reason of payment type in the memo section of the check or money order.
Shaved ice cart
ACKNOWLEDGMENT
I acknowledge receipt of a copy of this document,and I further acknowledge that I have verified the location and mailing addresses
on the first page of this document are correct or I have written the correct information on the first page of this document.
[signature] [signature]
(Signature of FDACS Representative) (Signature of Representative)
MATTHEW JOHNS,SANITATION AND SAFETY SPECIALIST William Michalski, President
Print Name and Title
FDACS 14205 Rev.07113
Page 3 of 3
[illegible]
Certificate of Registration R. 10/14
issued Pursuant to Chapter 212, Florida Statutes
DEPARTMENT
OF REVENUE
58-8016637357-1 02/11/15
Certificate Number Registration Effective Date
This certfies that
CHILLI WILLIE'S SHAVE ICE
MAGEC, LLC
14335 PEBBLE BEACH BLVD
ORLANDO FL 32826-5054
has met the sales and use tax registration requirements for the business location stated above and is authorized to collect and remit
tax as required by Florida law. This certificate is non-transferable.
POST THIS CERTIFICATE IN A CONSPICUOUS PLACE
(THIS IS YOUR SALES & USE TAX CERTIFICATE OF REGISTRATION
(DETACH AND POST IN A CONSPICUOUS PLACE)[arrow pointing up]
[arrow pointing down]THIS IS YOUR FLORIDA ANNUAL RESALE CERTIFICATE FOR SALES TAX
Note: New dealers who register after mid-October are issued annual resale
certificates that expire on December 31 of the following year.
These certificates are valid immediately.
DR-11R,R. 10/14
2015 Florida Annual Resale Certificate for Sales Tax : DR-13
R.10/14
THIS CERTIFICATE EXPIRES ON DECEMBER 31, 2015
DEPARTMENT
OF REVENUE
Business Name and Location Address Certificate Number
CHILLI WILLIE'S SHAVE ICE 58-8016637357-1
MAGEC, LLC
14335 PEBBLE BEACH BLVD
ORLANDO FL 32826-5054
By extending this certificate or the certificate number to a selling dealer to make eligible purchases of taxable property or services exempt from sales
tax and discretionary sales surtax, the person or business named above certifies that the taxable property or services purchased or rented will be
resold or re-rented for one or more of the following purposes:
• Resale as tangible personal property • Re-rental as commercial real property. • Incorporation as a material,ingredient.or
• Re-rental as tangible personal property. • Incorporation into and sale as part of the repair of component part of tangible personal property
• Resale of services. tangible personal property by a repair dealer. that is being produced for sale by manufacturing,
• Re-rental as transient rental property compounding,or processing.
Florida law provides for criminal and civil penalties for fraudulent use of a Florida Annual Resale Certificate.
[illegible] authorities.This receipt is valid from October 1 through September 30 or receipt year. Delinquent [illegible] [illegible] [illegible] [illegible] [illegible]
2014 EXPIRES 9/30/2015 1704-1144839
1704 SHAVED ICE CART $30.00
[Orange County Tax Collector seal of Scott Randolph]
TOTAL TAX $30.00
PREVIOUSLY PAID $30.00 MICHALSKI WILLIAM
TOTAL DUE 30.00
MAGEC LLC
MICHALSKI WILLIAM
3831 E AVALON PARK BLVD (MOBILE) 14335 PEBBLE BEACH BLVD
U - ORLANDO, 32828 ORLANDO FL 32826
PAID: $30.00 2503-01026796 3/10/2015
This receipt is official when validated by the Tax Collector.
ORANGE COUNTY ZONING APPROVAL
Date 3-10-15 Zone [signature]
By [signature] CPP [signature]
Qualifier:
Business Tax Receipts:
City County State
Comments: Commissary Location
Is this business currently using or proposing to use an individual wastewater disposal system(septic tank)? YES NO
(Circle One)
CERTIFICATION
I certify that the information contained herein is true and correct to the best of my knowledge and belief. If any portion is
found to be false or misrepresented,such fact may be just cause for immediate revocation of any business tax receipt
issued to me. It is further understood that this business tax payment is for the privilege of engaging in the business,
profession or occupation shown and only at the location shown hereon. I further understand that I have no right to
occupy any buildings at the location shown hereon unless I obtain a certificate of occupancy from the Building
Department and such building and the surrounding property is in compliance with all applicable local, state and federal
regulations. Further, I recognize that issuance of this business tax receipt is in no way a waiver of any applicable local,
state or federal regulations. Failure to correct conditions on the premises that are in violation of the county code or to
notify the Business Tax Department of any change will result in cancellation of said business tax receipt
[signature]
Owner / Authorized Signature
Sworn to and subscribed before me this 10 day of March 2015. [signature]
Print,Type or Stamp Commissioned Name of Notary
Signature of Notary
Make checks payable to:
SCOTT RANDOLPH
Tax Collector
❑Personally Known ❑Produced Identification Orange County
P.O.Box 2551
Type of Identification Produced Orlando,Fl 32802-2551
Printed: 3/10/2015 1/1
Detail by Entity Name Page 1 of 2
FLORIDA DEPARTMENT OF STATE
DIVISION OF CORPORATIONS
Detail by Entity Name
Florida Limited Liability Company
MAGEC, LLC
Filing Information
Document Number L15000023023
FEI/EIN Number NONE
Date Filed 02/06/2015
State FL
Status ACTIVE
Principal Address
14335 PEBBLE BEACH BLVD.
ORLANDO, FL 32826
Mailing Address
14335 PEBBLE BEACH BLVD.
ORLANDO, FL 32826
Registered Agent Name&Address
UNITED STATES CORPORATION AGENTS, INC.
13302 WINDING OAK COURT
A
TAMPA, FL 33612
Authorized Person(s) Detail
Name&Address
Title AMBR
MICHALSKI, WILLIAM
14335 PEBBLE BEACH BLVD.
ORLANDO, FL 32826
Annual Reports
No Annual Reports Filed
Document Images
02/06/2015--Florida Limited Liability View image in PDF format
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 4/10/2015
IRS DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
Date of this notice: 02-09-2015
Employer Identification Number:
47-3054046
Form: SS-4
Number of this notice: CP 575 G
MAGEC LLC
CHILLI WILLIES SHAVED ICE
% WILLIAM MICHALSKI SOLE MBR For assistance you may call us at:
14335 PEBBLE BEACH BLVD 1-800-829-4933
ORLANDO, FL 32826
IF YOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN) . We assigned you
EIN 47-3054046. This EIN will identify you, your business accounts, tax returns, and
documents, even if you have no employees. Please keep this notice in your permanent
records.
When filing tax documents, payments, and related correspondence, it is very important
that you use your EIN and complete name and address exactly as shown above. Any variation
may cause a delay in processing, result in incorrect information in your account, or even
cause you to be assigned more than one EIN. If the information is not correct as shown
above, please make the correction using the attached tear off stub and return it to us.
A limited liability company (LLC) may file Form 8832, Entity Classification Election,
and elect to be classified as an association taxable as a corporation. If the LLC is
eligible to be treated as a corporation that meets certain tests and it will be electing S
corporation status, it must timely file Form 2553, Election by a Small Business
Corporation. The LLC will be treated as a corporation as of the effective date of the S
corporation election and does not need to file Form 8832.
To obtain tax forms and publications, including those referenced in this notice,
visit our Web site at www.irs.gov. If you do not have access to the Internet, call
1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office.
IMPORTANT REMINDERS:
* Keep a copy of this notice in your permanent records. This notice is issued only
one time and the IRS will not be able to generate a duplicate copy for you. You
may give a copy of this document to anyone asking for proof of your EIN.
* Use this EIN and your name exactly as they appear at the top of this notice on all
your federal tax forms.
* Refer to this EIN on your tax-related correspondence and documents.
If you have questions about your EIN, you can call us at the phone number or write to
us at the address shown at the top of this notice. If you write, please tear off the stub
at the bottom of this notice and send it along with your letter. If you do not need to
write us, do not complete and return the stub.
Your name control associated with this EIN is MAGE. You will need to provide this
information, along with your EIN, if you file your returns electronically.
Thank you for your cooperation.
Drug Free Workplace
Program
DRUG-FREE WORKPLACE PROGRAM
RFP#2015- 01
To be considered for a Contract for this RFP, each Proposer must have a Drug-Free Workplace
Program in-place. In order to have a drug-free workplace program, a Proposer shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing or possession of a controlled substance is prohibited in the workplace and
specifying the actions that shall be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the Proposer's
policy of maintaining a drug-free workplace,any available drug counseling, rehabilitation
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services a copy
of the statement specified in subsection(1)above.
4. In the statement specified in subsection (1) above, notify the employees that, as a
condition of working on the commodities or contractual services, the employee shall
abide by the terms of the statement and shall notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace
no later than five (5)days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this Proposer complies fully with the
above requirements.
[signature] MAGEC, LLC
Proposer Signature Name of Company
William Michalski
Proposer Printed Name
Page 22 of 22
Contact Information
• MAGEC, LLC
14335 Pebble Beach Blvd
Orlando, FL 32826
• William Michalski
Owner/Operator
407. 340. 6345
• David Michalski
Manager
240.507.8422
michalski_david08@hotmail .com
Selection Criteria MAGEC,LLC
David D. Todd M. Gustavo V. Total
Hours of operation(0-15 Points) 15 15 15 45
Services Offered(0-20) 15 20 15 50
Concession Experience/Business references(0- 22 10 10 42
15)
Cart appearance(0-15) 15 15 15 45
Uniform Appearance(0-10) 9 10 10 29
Licenses/Permits/Drug Free Program (0-15) 15 15 13 43
Grand Total 254 0 0
Combined Comments
Attachment 3