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Packet 02-17-2004
Y r CE F City of Cape Canaveral e, �r CITY OF CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 17, 2004 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Virginia Haas, Administrative Assistant, CMC— Commendation for Receiving International Municipal Clerk Certification. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 3, 2004. 2. Agreement with Brevard County for Lifeguard Services. CONSIDERATIONS: 3. Motion to Approve: Quarterly Budget Report and Transfers for the Period Ending December 31, 2003. 4. Motion to Approve: Contract with the Florida Department of Corrections for an Inmate Work Squad. 5. Motion to Approve: Renewal of the Landscaping Agreement with Nick's Landscaping. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-122.0 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveralOcfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting February 17, 2004 Page 2 of 2 6. Motion to Approve: Interlocal Agreement with the City of Cocoa for Utility 00 Billing Services. 7. Motion to Approve: Amendment to the Police Service Contract. 8. Motion to Approve: Code Enforcement Lien Settlement Agreement. ORDINANCES: FIRST PUBLIC HEARING: 9. Motion to Approve: Ordinance No. 01-2004; Amending Chapter 82, Buildings and Building Regulations, Relating to the Permitting, Installation and Location of Temporary Storage Units, at first reading. 10. Motion to Approve: Ordinance No. 02-2004; Amending Chapter 110 Relating to the Sale of "Fireworks"; Providing for a Definition of"Fireworks", Providing for the Fireworks Sales as Permitted Use within the Light Industrial (M-1) Zoning District, at first reading. 11. Motion to Approve: Ordinance No. 03-2004; Amending Chapter 94, Signs of the Code of Ordinances, at first reading. RESOLUTIONS: 12. Motion to Adopt: Resolution No. 2004-09; Officially Naming Streets Joe Place, Maria Court and Manny Lane in the Perlas Del Mar Subdivision. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 3, 2004 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski Assistant Public Works Director ►Walter Bandish Building Official Todd Morley CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 20, 2004. 2. Engineering Proposal from Stottler, Stagg, and Associates for the North/East Al Sidewalk Project. Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. Mr. Treverton requested to remove Item No. 2 for discussion. Mr. Trent Milliken asked if the Council planned to approve the minutes of the January 20th City Council meeting. Mayor Randels asked Mr. Milliken if he desired to remove City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 2 of 9 Item No. 1 for discussion. He did not however he did desire to know if the meeting minutes would be approved at this time. Mayor Randels affirmed. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve the City Council Regular Meeting Minutes of January 20, 2004. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. CONSENT AGENDA ITEM REMOVED FOR DISCUSSION: 2. Engineering Proposal from Stottler, Stagg, and Associates for the North/East A1A Sidewalk Project. Mr. Treverton requested that the Council go to Code Section 110-475 for clarification on how the Council established the power to construct sidewalks on unimproved property. Mayor Randels explained that in the interest of public safety the Council decided this past year to take action and fill in the small sections of sidewalk. Mr. Miller asked if the fee is deferred until construction? Mayor Randels read from Section 110-475(g)(4) in that the sidewalk impact fee shall be paid by the property owner prior to a certificate of occupancy or final inspection being issued by the City for the property." Section (g)(6) makes provision for the City to withhold any certificate of occupancy or final inspection for the property if the property owner failed to pay the sidewalk impact fee. Mayor Randels asked for clarification if the fee is paid prior to the building permit or the certificate of occupancy. Mr. Todd Morley, Building Official, stated that the fee is collected prior to the issuance of the certificate of occupancy. Mr. Boucher stated that the City would notify the property owners of the impending assessment. Mr. Al Vicidomini asked if the ordinance would apply if a house existed on the property? Mayor Randels replied that this would apply to any and all property. Mayor Randels explained that Stottler, Stagg has submitted a proposal to, 1) to determine the proposed sidewalk frontage for each owner, 2) to prepare the preliminary sidewalk cost estimates for each property owner, 3) to prepare two exhibits showing the sidewalk locations and 4) to present their findings at a public meeting. These tasks would take approximately 15 working days to perform the task and the City would post notice of a public meeting once the costs are established. Mr. Nicholas asked if the engineering costs are included in the final assessments. Mayor Randels affirmed. Mr. Treverton replied from the ordinance on a final question about meandering in that the sidewalk shall normally abut a property line. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve the Engineering Proposal from Stottler, Stagg, and Associates for the North/East Al Sidewalk Project. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 3 of 9 CONSIDERATIONS: 3. Motion to Approve: Interlocal Agreement to Study the Feasibility of a Regional Biosolids Facility. Mayor Randels explained that previous discussion established that the Council desired to pay a percentage portion of the biosolids study based on the City's portion of sludge. Mr. Gardulski presented a cost of$1,629. He expressed that a feasibility study was needed and the study would determine the facility location and transportation costs. Mr. Gardulski concluded that there is economy of scale with all parties working together. A motion was made by Mr. Treverton and seconded Mr. Miller to Approve the Interlocal Agreement to Study the Feasibility of a Regional Biosolids Facility in the Amount of$1,629.00. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 4. Motion to Approve: Engineering Proposal for the Design of the Lift Station #1, Sewer Force Main. Mayor Randels explained that this is a 39-year-old sewer force main on Washington Avenue. Mr. Walter Bandish, Assistant Public Works Director, stated that this force main accepts distribution from another lift station and covers approximately five-eighths of the City at 4,500 in length. Mayor Randels stated that Brown and Caldwell submitted a proposal of$21,000 for the design of a sewer force main. Mayor Randels replied to Mayor Pro Tem Hoog that $200,000 was budgeted to replace the force main. Mr. Ted Hortenstine of Brown and Caldwell, Inc. stated that a proposed replacement cost was outlined in the proposal and he noted that crossing State Road Al as a major cost. Mr. Hortenstine replied to Mayor Randels question on flow through the canal area that if the canal was configured to accept the distribution through its uncovered pipe area. Mayor Randels summarized that this project would be a wise preventative action. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Mogan to Approve the Engineering Proposal for the Design of the Lift Station #1, Sewer Force Main. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Cooperative Purchase of Landscaping Services from Vila and Sons Landscaping for the North Atlantic Avenue Sign. Mayor Randels pointed out that the sign under discussion is a City sign at North Atlantic Avenue on Port property. The proposal includes landscaping, mulch and irrigation. The item is not a budgeted item and would be appropriated from Reserve Funds. The Beautification Board highly recommends the project. Mayor Pro Tem Hoog asked if Mr. City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 4 of 9 Gardulski planned to backlight this sign. Mr. Gardulski affirmed that he would add backlighting if that were the Council's desire. Mr. Gardulski stated that the existing palms would be relocated with no guarantee of survival. He related that this sign's landscape design was a scaled down version of the State Road A1A sign. Mayor Pro Tem Hoog asked why the existing palms were being removed? Mr. Gardulski replied that the palms could remain. Council agreed by majority to retain the existing palms. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Cooperative Purchase of Landscaping Services from Vila and Sons Landscaping for the North Atlantic Avenue Sign as Recommended by the Beautification Board in an Amount of$4,176.19. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Approve: Emergency Medical Services Agreement with Brevard County. Mayor Randels explained that this agreement is made with Brevard County to provide First Responder Services through the Cape Canaveral Volunteer Fire Department. The Fire Chief recommended approval and he noted a 3 percent increase over the previous year. This year's return amount to the City is $30,713.90. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve the Emergency Medical Services Agreement with Brevard County. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Approve: Appointment of an Intergovernmental Representative to the Space Coast League of Cities. Mayor Randels stated that the Space Coast League of Cities requests a representative from the City for this Committee. Mayor Randels asked Mayor Pro Tem Hoog if he desired to participate. Mayor Pro Tem Hoog affirmed. Mayor Pro Tem Hoog asked if any other Council member desired to participate? The nomination stood as presented. A motion was made by Mayor Randels and seconded by Mr. Morgan to Approve the Appointment of Mayor Pro Tem Bob Hoog as the Intergovernmental Representative for the Space Coast League of Cities. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 5 of 9 ORDINANCES: SECOND PUBLIC HEARING: 8. Motion to Adopt: Ordinance No. 32-2003; Vacating a (12) Foot Wide Alleyway Adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75 of Avon by the Sea, at second reading. Mayor Randels read the Ordinance by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF A TWELVE-FOOT WIDE ALLEYWAY LYING BETWEEN AND ADJACENT TO LOTS 5, 10, 11, 12, 13, 14 AND 15, BLOCK 72 OF"AVON-BY-THE-SEA," RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, (CONTAINING APPROXIMATELY 3,257 SQUARE FEET, MORE OR LESS); PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCE AND RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels summarized the Ordinance as a petition to vacate an alleyway to correct an error due to a prior Resolution to vacate the alleyway in 1973. The Resolution to vacate was conditioned upon certain subsequent construction that did not occur. He expressed the City's concern of any possible use of the land. The adjoining property owners have consented to the vacation of the alleyway referring to Items 6, 23, 24, 26 and 28. The petitioners have awaited action from the City since August 15, 2002. The Brevard County public records reflect that there was no vacation of the alleyway, Item No. 66 from Forrest Rooker, Land American Title Agent. The issues between the property owners of Lot 11, 12 and 13 regarding access were resolved with a Final Judgment ending in a Civil Lawsuit between the owners in Items 77 and 83. Mayor Randels pointed out that R.M. Packard performed a survey to establish if there were any public utilities in the alleyway. Mayor Randels stated that the last date stamped was December 17, 2004 and showed no utilities located. Attorney Jason Hedman had nothing further to present. Attorney Garganese stated that by operation of law when the City vacates a right- of-way the property, if surrounded by private property, is split in the middle and divided to each side. Mr. Al Vicidomini asked if the City would provide a survey and place a monument marker to determine where the middle of the alleyway is located. Attorney Garganese replied that the City's responsibility would be to adopt the ordinance vacating the right-of-way. The legal description of the property that is being vacated is attached to the ordinance and the City records those documents in the County public records and that action constitutes the vacation. From that point, it is the responsibility of the property owners to mark to the center of the line. The ordinance in the public records would assist the surveyor in establishing the line. By operation of law the property belongs to the owner on each side of the road unless the owner owns on both sides of the road, then they own the whole. Mayor Randels asked for a final time if there were any other public comment. There was no further public comment. City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 6 of 9 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Adopt Ordinance No. 32-2003; Vacating a (12)-Foot Wide Alleyway Adjacent to Lots, 5, 10, 11, 12, 13, 14 and 15 of Block 75 of Avon-by-the-Sea. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2004-08; Removing an Alternate Member of the Code Enforcement Board. Mayor Randels read Resolution No. 2004-08 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REMOVING AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels summarized that this action came before the Council as a result of statements made by Mr. Lars Holfve on his Code Enforcement Board application . Mr. Boucher referred to a letter dated January 29th that he received a reply from the Swedish Consulate in Philadelphia who concurred with Mr. Holfve's summation. Mr. Treverton inquired about the letter of January 29th. Mr. Boucher informed that this letter was presented to the Council in hard copy. Mayor Randels read the letter from the Swedish Consulate. Mayor Randels also referred to a letter from Mr. Kurt Ronstrum, a resident, who supported that Mr. Holfve did have the equivalent of a higher education degree. Mr. Miller said that he believed that it was not Mr. Holfve's intent to deceive the City on his initial application. Comparison of the education system was difficult. Based on the latest letter from the Swedish consulate, Mr. Holfve has what is equivalent to a Bachelor's degree. At this point, Mr. Miller considered his application accurate and stated he should not be removed. Mr. Treverton agreed with Mr. Miller's assessment. Mayor Randels expressed his satisfaction based on the documents received. Mayor Pro Tem Hoog expressed that Mr. Kurt Ronstrum and the woman from the Consulate were now changing what they had originally said in previous documents, but the issue could terminate at this point. Ms. Lotte Fredette stated that Mr. Holfve wrote in his applications that he had a Bachelor of Science degree in Business Administration. She expressed that Mr. Holfve overstated his level of schooling and he should have written that he graduated from the Gymnasium. Ms. Fredette stated that it was not prudent to give false information. Mr. Morgan asked Ms. Fredette what she would do if she were a Council member. Ms. Fredette replied that she expects people to tell the truth and the Council needs to make a judgment based on that. Mr. Treverton replied to Ms. Fredette that his lack of knowledge of the Swedish language City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 7 of 9 and school system left him to rely on the report of the Swedish Consulate and he accepted the latest report. Resolution No. 2004-08 failed. DISCUSSION: 10. Sister City Visit, Vila Do Bispo, Portugal. Mr. Boucher informed that he spoke with Mr. Jose Martin, Vila Do Bispo, City historian, regarding a visit to the United States. He explained the requirements for a visit to Mr. Martin. The usual protocol when a Sister City visits is to present a City seal and provide a tour of the City. Mayor Randels related that a visit from Guidonia, Italy resulted in a large number of visitors. Mr. Boucher would establish the plans. Mr. Treverton reminded of the success of the Mayor of Kloten, Switzerland's visit. Mr. Treverton informed that Ms. Sylvia Cowen, a resident of Cape Canaveral and a native of Brazil, is fluent in Portuguese and is willing to assist as interpreter. Council directed the City Manager to proceed with plans. REPORTS: 1. City Manager • Mr. Boucher presented the mid-range salary increase for department heads. The increase amounted to$38,500 annually and $25,000 for the rest of 2004. Council concurred. Mr. Treverton pointed out that the Building Official's amount was significantly lower on the mid-range increase. Mr. Boucher replied that the Building Official has an upcoming evaluation and the tools are now available for adjustments. • Mr. Boucher informed that there would be a Brevard County Transportation Impact Fee Meeting on February 11th. Currently, $180,000 is available to the City. The funds could be used for roadway improvements. There is another$40,000 available from Towne Realty for a total of$220,000 for the intersection of North Atlantic Avenue. Historical data would be updated to include mast arm design. • Mr. Boucher reported that the Stormwater billing was distributed and Council may receive calls. • Mr. Boucher reported that the City newsletter is forthcoming and Lamar Russell agreed to the Board highlight section. The City Manager plans to use a new distribution company and the newsletter would go out to registered voters in both Cape Canaveral and Avon-by-the- Sea. Mayor Randels asked to see an article on the First Responders. Mayor Pro Tem Hoog suggested recognition of Fire Department's new members as well as those that have been awarded specific credentials. 2. Staff Public Works Director • Mr. Gardulski reported that the Baffle Box project on International Drive is experiencing some construction setbacks. The project will resume when the correct size screens arrive. • Mr. Gardulski reported that the Stormwater project on Ridgewood Avenue has been graded. City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 8 of 9 • Mr. Gardulski informed that he met with Vila and Sons and plans would proceed to stake the landscaping and install the sod and irrigation system. • Mr. Gardulski replied to Mayor Pro Tem Hoog that he would contact Vila and Sons on February 4th regarding the City sign. • Mr. Treverton informed that he and the Public Works Director walked the Canaveral ditch. Mr. Gardulski related that he envisioned the ditch as a culvert. Mr. Morgan noted that future development might correct the existing site plan. Mr. Treverton asked about the area from Central to State Road A1A. Mr. Gardulski replied that access is a problem. He informed that there is a ditch easement with no access as well as a sewer line only easement to the property lines. He preferred to see 20-foot easements in the future. • Mr. Gardulski stated that he planned to place the inmate contract and the approval for a sidewalk on Washington Avenue on the next Council agenda. Building Official • Mr. Morley related that Building C of Bayside Condominiums does meet the setback requirement. • Mr. Morley reported that Madison Cay, the Sand-in-the-Shoes project has ceased due to setback issues. The setback requirement was not met and subsequently permits were not issued. Attorney Garganese stated the developer could go forward while under plan review at his own risk. Mr. Morley informed that the developer signs a notarized affidavit stating that they are at risk copies of which were forwarded to the developer's attorney. City Clerk • No report. City Attorney • Attorney Garganese reported on the forthcoming Temporary Sign Code, Temporary Storage Containers and Fireworks Sales Facilities ordinances. The draft ordinance was submitted to staff for Adult Arcades. AUDIENCE TO BE HEARD: 3. City Council Mr. Miller • Mr. Miller inquired about annexation in light of an annexation study by the City of Cocoa Beach for its north and south. He asked if the City Manager would contact them to share the costs of the Avon-by-the-Sea area. Mr. Boucher replied that four to five year ago he did a study and he could update this data with the City Planner's assistance. He stated that the City newsletter would extend a welcome to the Avon residents and encourage them to discover what Cape Canaveral has to offer. • Mr. Miller also inquired about the model shuttle project. Mr. Boucher replied that Mr. Rob Blucheck, Shuttle Project Volunteer, is compiling a list of tools and materials. Mr. Boucher would solicit volunteers with metal fabrication skills for assistance. Plans will continue. Mr. Morgan 0 No report. City of Cape Canaveral, Florida City Council Regular Meeting February 3, 2004 Page 9 of 9 Mr.Treverton • Mr. Treverton pointed out the benefits of using the microphones for the sake of those who transcribe the meeting minutes. • Mr. Treverton also pointed out that video may be forthcoming and using the sound system now might prove beneficial when video is included. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog related the reuse system as his main concern. • Mayor Pro Tem Hoog commended the City sign. Mayor Randels • Mayor Randels announced that April 17th is the date of the Annual Trash Bash. The plan is to organize efforts to clean State Road 528 causeway from Kelly Park to the Port. • Mayor Randels pointed out changes in the Florida Today layout. He stated that every City in Brevard County has dedicated space in the Local Section to report on City activities. He encouraged staff to utilize the space. • Mayor Randels reported that Susan Smiley-Height would sponsor an Editor's Day Out when the Manatee Park Pavilion is completed. • Mayor Randels reported on a Florida League of Cities seminar on February 25th entitled "How to Take Your Hometown Message to Tallahassee." • Mayor Randels reported that he cut the ribbon at Coldwell-Bankers and noted housing prices in Cape Canaveral. He stated that the City has really been discovered. • Mayor Randels reported that another illegal residence clearing that took place at Cherie Down Park. • Mayor Randels summarized the Rowe v. City of Cocoa lawsuit in that a City Council has the right to restrict discussion from a non-resident during a Council meeting. Attorney Garganese stated that the court recognizes that the presiding officer has the right to make those types of rulings on Council procedures. • Mayor Randels recognized that Wyatt Wemeth, Chief of Ocean Lifeguards, presented new hazard flags for Brevard County beaches that will be used statewide. • Mayor Randels thanked the City Clerk for providing a recent Attorney General's Opinion regarding Add-On items to public meeting agendas. • Mayor Randels recognized and thanked Attorney Garganese for providing recent written guidance to Council members regarding conversation with residents who have pending litigation with the City. • Mayor Randels informed about concrete power poles that carry both transmission and distribution lines. He asked the City Manager to check into the use of this style of pole to reduce the number of utility poles in the City. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:20 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date 02-17-04 AGENDA HewhnB Consent Item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, SUBJECT: CONSENT: AGREEMENT WITH BREVARD COUNTY FOR LIFEGUARD SERVICES DEPT./DIVISION: PARKS&RECREATION Requested Action: City Council consider approval of the agreement with Brevard County for lifeguard services in the amount of $10,756 as recommended by the recreation director. Summary Explanation& Background: See attached memo and agreement. I recommend approval. Exhibits Attached: Recreation Director's memo of 02-11-04;Agreement City Manage ' ffice Department PARKS&RECREATION cape- \my come in\council\meeting\2004\02-17-04\lifeguard.doc CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknrec e,earthlink.net MEMO TO: Mayor, Councilmembers, City Manager FROM: Nancy Hanson, Director, Parks& Recreation Department DATE. February 11, 2004 RE: Lifeguard Contract I have reviewed the 2004 Lifeguard Contract and find that it is substantially the same contract that has been submitted in past years. The contract calls for one(1)guard tower on Tyler Avenue, staffed with two (2)guards. The current budget line item for lifeguard service is $10,755, this contract asks for $10,756. The contract calls for weekend guard service beginning the weekend prior to Easter(April 3`d) and continuing through Labor Day holiday weekend (September 6d'). Daily service is to begin the day school is dismissed for the summer(May 2l ) and continuing through the summer to August 1't. PLEASE NOTE: Public school does not begin until August I01h, leaving a time gap that in past years has not existed. I would like to see the end date for daily service extended to August 9d' at 5:00 p.m. BR EVAROA?,Vq BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST J C Q Z -_ PUBLIC SAFETY DEPARTMENT Telephone: (321)633-2056 1040 S.Florida Ave.,Rockledge,FL 32955 Fax: (32 1)633-2057 �LOR%OP , February 2, 2004 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FL 32920 Dear Mr. Boucher: Attached is the proposed FY 2003-2004 Ocean Lifeguard service contract for your city. Terms of the agreement are for the period commencing April 3, 2004 and terminating September 6, 2004. The services outlined in the attached contract total $10,756.00, and are payable in six (6) monthly payments due the last day of each service month. The first payment is scheduled to be due on April 30, 2004. It is requested that two (2) signed agreements be returned by February 27, 2004 to the Brevard County Public Safety Center, 1040 S. Florida Avenue, Rockledge, Fl. 32955. Once the agreement is approved, one (1) signed original contract will be sent to you. Please contact my office at 633-2056, extension (5)2558, if I can assist you in any way. S' cerely, Jack Par r, Director Breva ounty Public Safety PRINTED ON R7ECYCLED PAPER AGREEMENT THIS AGREEMENT, made and entered into this day of 20041 by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH: WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreation facilities; and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.01 (1 )(e) and (f), Florida Statutes. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. TERM: The term of this Agreement is for the period commencing April 3, 2004 (10:00 a.m.) and terminating September 6, 2004 (5:00 p.m.). The County hereby agrees to provide USLA (United States Lifesaving Association) and First Responder Certified lifeguard services for that portion of the City of Cape Canaveral as described in Section 3 for the period commencing April 3, 2004 (10:00 a.m.), and terminating September 6, 2004 (5:00 p.m.). 2. PAYMENT: For the services outlined herein, the City shall pay to the County Ten Thousand Seven Hundred Fifty Six Dollars ($10,756.00). Such payments are payable in six (6) monthly payments due on the last day of each month. The first payment is due on April 30, 2004, and the final payment is due on September 30, 2004. 3. SERVICES: A. The County agrees to provide all personnel and equipment, as provided below, and USLA and First Responder Certified lifeguard services between the hours of 10:00 a.m. and 5:00 p.m., or at such other times mutually agreed to in writing signed by both parties within the following area: 1. Tyler Avenue within a portion of the beach 75 yards north and 75 yards south of one (1) staffed tower in this location. B. Lifeguard service coverage for the aforementioned areas will include one (1) lifeguard tower staffed with two (2) ocean lifeguards. C. Said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. for the period commencing April 3, 2004 (10:00 a.m.) and ending September 6, 2004 (5:00 p.m.), on the weekdays from 10:00 a.m. until 5:00 p.m. beginning May 21, 2004 at 10:00 a.m., and ending August 1, 2004 at 5:00 p.m. D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the sole discretion of the county, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services in the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios and training to insure that the lifeguards have-the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the county. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. After the victim(s) is removed from the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law enforcement agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement or Fire/Rescue arrives. 2 In search and rescue operations and body recovery, the officer in charge from the Brevard County Lifeguard Division will relinquish incident command/control of the scene to the law enforcement agency with jurisdiction in the area. In medical emergencies, victim/patient care will be immediately transferred to the most qualified BLS/ALS provider. In such circumstances that the BLS/ALS provider has begun resuscitation efforts upon the victim/patient, having determined that the victim/patient has no respiration and no pulse, the law enforcement agency with jurisdiction in the area of the scene may take incident command/control of the scene, declare the scene a crime scene, and direct the resuscitation efforts by the BLS/ALS provider be terminated. Under such circumstances that the law enforcement agency takes command/control of the scene, the agency shall have complete responsibility for the scene. 4. LIABILITY AND INSURANCE: A. Each party is independently liable for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. B. The parties further agree that nothing contained herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance as required to respond to their obligations under this Agreement and Section 768.28, Florida Statutes. 5. ASSIGNMENTS: Neither the city nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. AUDITING, RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, 3 and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. 7. ]URISDICTION, VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. 8. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. 9. TERMINATION: Violation of any material provisions of this Agreement shall be cause for termination of this Agreement. Such termination shall become effective 30 days after written notice thereof is provided to the breaching party from the non-breaching party as provided in Section 10 of this Agreement. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (15) days of receipt of same by the City. 10. NOTICE: Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2725 judge Fran Jamieson Way, Building C, Melbourne, Florida 32940, and notice shall be given to the City by delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape Canaveral, Florida 32920. 11. MODIFICATION AND DEFINITION OF CONTRACT: The parties agree that there are no other terms or agreements other than as contained herein. No additional verbal or oral representation shall be effective unless reduced to writing and executed by both parties. 12. ATTORNEY'S FEES AND COSTS: In the event either party initiates legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non- jury. 4 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. By: Tom N. Jenkins, Coun anager Reviewed for legal form and content: WITNESSES: CITY OF CAPE CANAVERAL, FLORIDA By: Bennett Boucher, City Manager 5 Meeting Type: Regular Meeting Date 02-17-04 AGENDA OP Heading Considerations [tem 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: QUARTERLY BUDGET REPORT AND TRANSFERS FOR THE PERIOD ENDING 12/31/03 DEPT./DIVISION: ADMINISTRATIONNINANCE Requested Action: City Council review and approve the Quarterly Budget Report and transfer for the period ending 12/31/03, as recommended by the city treasurer. Summary Explanation& Background: See attached memo. I support the city treasurer's recommendations. Exhibits Attached: City Treasurer's report City:azzcounciF\meeting\2004 ft-Office Department ADMINISTRATION/FINANCE ca \02-17-04\budget.doc MEMORANDUM DATE: January 29, 2004 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer 0 SUBECT: Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year 2003/2004, Quarter Ended 12/31/2003 Revenues Revenues received for the first quarter of the year are well within original projected levels. With Grant and internal transfer dollars removed they stand at 37% collected. This collection percentage represents only those budgeted revenues actually received. Numerous revenue sources historically lag a month behind. These include Garbage, Recycling and Bottled Gas. USA Waste Franchise Fees are also in arrears for collection. Communication Services Tax is lagging at 15% collection for the first quarter. It is expected that this revenue will increase as our winter population increases. No adjustment will be made at this time. The City has received a contribution of$70,000 from Towne Realty. These funds are earmarked for Manatee Park ($30,000) and traffic control ($40,000). Appropriation of $30,000 is made through the Parks and Recreation Department for construction of the Council approved Manatee Park pavilion. The balance of $40,000 will be added to contingency for future use. Construction impact fees are now being collected for last year's activity. The increases for these funds are represented in the increase of transfers from both the Fire Trust Fund and Fire Capital Expansion; both designated to repay loans to purchase needed Fire Rescue vehicles. The balance due from the Fire Trust Fund, as of October 1St, remains at $102,245, as no Aerial Impact Fees were collected for fiscal year 2002/03. The balance due from Capital Expansion Impact fees, as of October 1St, is $19,698. Finally, the Employee Insurance Contribution has been discontinued. This decreases revenues $3,410. Impact Fees are now being received for construction started in fiscal year 2002/2003. Revenues for Aerial Fire,all aspects of Capital Expansion and Sewer Expansion fees are increased to reflect these receipts. On the advise of our Building Official,the following quarters for fiscal year 2003/2004 are projected, based on the third quarter of fiscal year 2002/2003 as an average. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. In light of the record number of ordinances generated this past year, the Legislative Professional Services account is in need of additional funds to provide for the two supplement codifications this fiscal year. Promotional Activities are increased to provide funding for the quarterly newsletter, sent to our residents. The Operating Supplies line item requires an increase to fund the purchase of the new chairs for the dais. A new account recording Legislative Capital Purchases is created to appropriate funding for the acquisition of equipment/updates to Council chambers. At this time $2,100 is requested to purchase new sound equipment. The Beach end signs, ordered, but not available in fiscal year 2002/03, are now completed. Re-allocation of$3,$50 for the Street Signs account is requested to complete this project. On January 20`h, Council awarded Bid No. 03-06, in the amount of$267,000, to build the Manatee Park Pavilion. $119,750 was originally budgeted. With consideration of previous expenditures this leaves a balance of$119,250. $30,000, donated by Towne Realty will be appropriated to offset this balance with the remainder coming from Capital Expansion funds. To complete the Beach End Landscaping project, begun by the Beautification Fund in fiscal year 2002/2003, a budget increase of$40,475 is requested from Bennix funds. Expenditures within the Enterprise Fund are within targeted balances and no transfers will be made for this fund. This completes the requested Budget Amendments for the first quarter of the fiscal year 2003/2004. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. City of Cape Canaveral Budget Transfers for the Quarter Ended 12/31/03 10/1/2003 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance General Fund General Fund Revenue 001-300.1000 Cash Forward - 001-366.2200 Contributions from Private Sources - 70,000 70,000 001-380.2000 Transfer from Fire Trust 10,000 25,000 35,000 001-381.1000 Employee Insurance Contributions 3,835 (3,410) 425 001-384.3022 Transfer from Capital Expan. - Fire 10,000 5,620 15,620 Amended General Fund Revenue 97,210 Legislative Department 001-1-511.3100 Professional Services 4,500 4,000 8,500 001-1-511.4800 Promotional Activities 1,000 13,000 14,000 001-1-511.5200 Operating Supplies 2,000 3,750 5,750 001-1-511.6400 Capital Equipment - 2,100 2,100 Amended Legislative Expenditures 22,850 Street Department 001-7-541.5330 Street Signs 7,000 3,850 10,850 Amended Street Department Expenditures 3,850 Recreation Department 001-11-572.6310 Manatee Park 177,500 30,000 207,500 Amended Recreational Dept Expenditures 30,000 Non - Departmental 001-17-901.1600 Christmas Bonus Special Pay 3,771 (3,771) - 001-17-901.9900 Contingency 101,838 67,131 168,969 Amended Non-Dept. Expenditures 63,360 Amended General Fund Revenues 97,210 Amended General Fund Expenditures 97,210 Fire Protection Fund Revenues 102-363.2220 Aerial Impact Fees 5,000.00 30,000.00 35,000.00 Amended Fire Protection Fund Revenues 30,000.00 Expenditures 102-22-581.9100 Transfer to General Fund 5,000.00 30,000.00 35,000.00 Amended Fire Protection Fund Expenditures 30,000.00 City of Cape Canaveral Budget Transfers for the Quarter Ended 12/31/03 10/1/2003 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Beautification Fund Revenues 105-301.1000 Cash Forward 141,704.00 40,475.00 182,179.00 Amended Beautification Fund Revenues 40,475.00 Expenditures 105-15-541.6310 Landscaping-Bennix Funded - 40,475.00 40,475.00 Amended Beautification Fund Expenditures 40,475.00 Capital Expansion Fund Revenue 302-300.1040 Cash Forward -Parks& Recreation 11,000.00 92,800.00 103,800.00 302-300.1050 Cash Forward-General Government 8,440.00 (8,440.00) - 302-363.2210 Impact Fees-Police 25,000.00 22,400.00 47,400.00 302-363.2212 Impact Fees-Fire 10,000.00 5,620.00 15,620.00 302-363.2710 Impact Fees- Library 12,000.00 16,120.00 28,120.00 302-363.2720 Impact Fees- Parks&Recreation 25,000.00 26,450.00 51,450.00 302-363.2910 Impact Fees-General Government 20,000.00 17,645.00 37,645.00 Amended Capital Expansion Fund Revenue 172,595.00 Expenditures 302-26-519.9900 Contingency-General Government - 9,205.00 9,205.00 302-26-521.9900 Contingency-Police 6,260.00 22,400.00 28,660.00 302-26-522.7100 Fire Services-Transfer to General Fund 10,000.00 5,620.00 15,620.00 302-26-571.9900 Contingency-Library 13,200.00 16,120.00 29,320.00 302-26-572.6000 Capital Expansion-Parks& Rec. 37,500.00 119,250.00 156,750.00 Amended Capital Expansion Fund Expenditures 172,595.00 Meeting Type: Regular Meeting Date 02-17-04 AGENDA HeewUg Considerations [tem 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CONTRACT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS FOR AN INMATE WORK SQUAD DEPT./DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider the approval of a contract with the Florida. Department of Corrections for an inmate work squad as recommended by the public works director. Summary Explanation& Background: The total annual cost is $47,177. The includes the salary and operating expenses for (1) correctional work squad officer. This is a budgeted item within the Beautification Fund. The City will have to provide communications equipment and a passenger van as part of this contract. The city attorney has reviewed the contract's teens and conditions. I recommend approval. Exhibits Attached: Public works director's memo;contract City Mana s Office Department PUBLIC WORKSBEAUTIFICATION cape- itn\myd ctamen in\counci eting\2004\02-17-04\inmate.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 10, 2004 SUBJECT: City Council Agenda Item for February 171h 2004 Department of Correction Agreement The City of Cape Canaveral has an opportunity to inter into an agreement to utilize an inmate squad work squad. Historically, the Public Works Department has utilized inmate crew when they are available. At a time of need, the inmate crew is not always available due to other commitments. As a cost saving endeavor, staff was able to establish an Agreement with the Department of Corrections for a work squad. This agreement between the City and the Department of Corrections will establish a Correction Works Squad Officer and a Work Squad of up to eight inmates. This Contract increases the resources of the City and establishes productive inmates for the State of Florida, hence a Win—Win Agreement. The cost of this annual agreement is for the Correction Officer in the amount of$47,177. In addition, the City will supply a 12 passenger Van in the amount of$18,006 Funds were budgeted for this endeavor. Recommend the approval of the Contract between the Florida Department of Correction and the City of Cape Canaveral. Attachment CC: File CONTRACT#WS 141 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND THE CITY OF CAPE CANAVERAL This Contract is between the Florida Department of Corrections ("Department") and the City of Cape Canaveral ("Agency")which are the parties hereto. WITNESSETH WHEREAS,Section 944.10(7)and Section 946.40,Florida Statutes and Rules 33-601.201 and 33-601.202, Florida Administrative Code,provide for the use of inmate labor in work programs; WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the supervision of the Department's staff; WHEREAS, the City of Cape Canaveral is a qualified and willing participant with the Department to contract for an inmate work squad(s); and WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of the mutual benefits and considerations set forth,the parties hereto covenant and agree as follows: I. CONTRACT TERM/RENEWAL A. Contract Term This Contract shall become effective upon the establishment of the Correctional Work Squad Officer position. (See Section U.,B., 1., a.) This Contract shall end at midnight one(1)year from the effective date of this Contract. B. Contract Renewal This Contract may be renewed, at the option of the Agency, for two (2) additional one (1) year periods after the initial Contract period upon the same terms and conditions contained herein and at the prices then in effect for items listed in Addendum A. The Contract renewal is at the Agency's initiative with the concurrence of the Department. The Agency, if it desires to renew this Contract,shall exercise its option no later than sixty(60)days prior to the Contract expiration. H. SCOPE OF CONTRACT A. Administrative Functions 1. Each party shall cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed by an inmates) performing services under this Contract between the parties. Page 1 of 12 Master Document Revised 07103/03 CONTRACT#WS 141 2. Each party will retain responsibility for its personnel, and its fiscal and general administrative services to support this Contract. 3. Through their designated representatives, the parties shall collaborate on the development of policies and operational procedures for the effective management and operation of this Contract. B. Description of Services 1. Responsibilities of the Department a. Pursuant to Chapter 33.601.202(2xa), F.A.C., supervision of the work squad(s) will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position to supervise an inmate work squad. This Contract provides for one (1) Work Squad of up to eight (8) inmates. The Contract Manager shall provide the Agency written notification of the date on which the Correctional Work Squad Officer position is established. This shall be the effective date of the Contract. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) out would breach good security practices; when the absence of the Correctional Work Squad Officer is necessary for reasons of required participation in training or approved use of leave; when the officer's presence is required at the institution to assist with an emergency situation;when the officer is ill; or when the Correctional Work Squad Officer position is vacant. In the event a position becomes vacant,the Department shall make every effort to fill the position(s)within five(S)working days. C. For security and other reasons, the Department shall keep physical custody of the vehicles, trailers, and all tools, equipment, supplies, materials and personal work items (gloves, boots, hard hats, etc.) furnished by the Agency. (The Department shall maintain an inventory of all property, expendable and non-expendable, provided by the Agency, which is in the care, custody, and control of the Department.) A hand receipt shall be signed by the Department's Work Squad Supervisor upon the issuance and return of non-expendable items. d. In the event of damage to property as a result of an accident charged to a Department employee or blatant acts of vandalism by inmates, or loss of tools and equipment, the Agency may request that the Department replace or repair to previous condition the damaged or lost property. e. The Department shall be reimbursed by the Agency for the Department's costs associated with this Contract in accordance with Addendum A. Once the Agency reimburses the Department for the costs reflected on Addendum A, Section IV.,these items will be placed on the Department's property records, as appropriate, and upon the end or termination of this Contract such items will be transferred to the Agency. Page 2 of 12 Master Document Revised 07/03/03 CONTRACT# WS 141 f. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-today basis in order to maximize the effectiveness of the work squad. g. The Department shall provide food and drinks for inmates' lunches. h. The Department shall be responsible for the apprehension of an escapee and handling of problem inmates. The Department shall provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work,or cause a disruption in the work schedule. i. The Department shall be responsible for administering all disciplinary action taken against an inmate for infractions committed while under the supervision of the Agency. j. The Department shall provide for medical treatment of ill or injured inmates and transportation of such inmates. k. The Department shall provide inmates with all personal items of clothing appropriate for the season of the year. 1. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. in. Both parties agree that the Department is making no representations of the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall periodically provide the Department's Contract Manager with a schedule of work to be accomplished under the terms of this Contract. Deviation from the established schedule shall be reported to, and coordinated with, the Department. b. If required, the Agency shall obtain licenses or permits for the work to be performed. The Agency shall provide supervision and guidance for projects that require a permit or which require technical assistance to complete the project. C. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental Agency, or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad. The Agency shall maintain its own inventory of transportation,tools and equipment belonging to the Agency, which remain in the care,custody and control of the Agency and that are assigned to this program. Page 3 of 12 Master Document Revised 07/03/03 CONTRACT#WS 141 e. The Agency shall provide vehicles for transportation of the work squads in accordance with the requirements of Addendum A. 3. Communications Equipment It is the intent of this Contract that the Work Squad have and maintain communication with the institution at all times. A method of communication(radios,cellular phone,etc.), shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Contract Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Contract Manager may require a secondary or back-up method of communication. 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. Under no circumstances shall the Agency accept the return of radio communications equipment provided to the Department under this contract until such time as the radio communications equipment has been deprogrammed by the Department. At the end or termination of this Contract,the Department's Contract Manager will contact the Department's Utility Systems/Communications Engineer in the Bureau of Field Support Services, Central Office, to effect the deprogramming of radio communications equipment provided by the Agency. a. Vehicle Mounted Radios: Vehicles provided by the Agency that are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio frequency(ies) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for vehicle and/or communications equipment maintenance and/or repair. The use of these vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. b. Hand Held Radios: Hand held radios provided by the Agency that are or that will be programmed to the Department's radio frequency(ies)will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance and/or repair. The use of any hand held radio(s) provided by the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. C. Cellular Phones: Cellular phones may be utilized by the work squad officer as either a primary or secondary means of communication as approved by the Contract Manager. The Page 4 of 12 Master Document Revised 07/03/03 CONTRACT#WS 141 Contract Manager shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and upon the end or termination of this Contract, returned to the Agency. The use of the cellular phone is not authorized for any purposes other than as indicated in this Contract. 4. Other Equipment: The Contract Manager shall determine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract and shall notify the Agency when a trailer is necessary. The Contract Manager shall designate whether the usage of an enclosed trailer is required on Addendum A. a. If a trailer for the work squad is provided by the Agency at no cost to the Department, and the Department maintains the trailer when the squad is not working, the Agency shall provide an enclosed trailer that can be secured when not in use. All tools and equipment utilized by the work squad shall be secured in the trailer. Upon the end or termination of this Contract, the trailer will be returned to the Agency. III. COMPENSATION A. PgMent to the Department 1. Total Costs To Be Advanced By Agency, as delineated in Section V., of Addendum A, shall be due and payable upon execution of the Contract or upon the establishment of the Correctional Work Squad Officer position (See II., B., 1., a.), whichever occurs later. The Department will not proceed with the purchases for said items until payment, in full, has been received and processed by the Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result in start-up postponement or interruption of the services provided by the Work Squad. 2. Total Costs To Be Billed To Agency By Contract, as delineated in Section VI., of Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth of the total amount, due within two (2) weeks after the Contract is executed or the establishment of the Correctional Work Squad Officer position (See II., B., 1., a.), whichever occurs later. The second quarterly payment is due no later than the 20"'day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 20`�day of the last month of the preceding Contract quarter. 3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant for a period of more than five(5)working days,the next or subsequent billing will be adjusted by the Department for services not provided. 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. The Agency shall reimburse the Department for the pro-rata cost of insurance on any vehicles owned by the Department and used under this Contract. Page 5 of 12 Master Document Revised 07/03/03 CONTRACT #WS 141 5. The rate of compensation shall remain in effect through the term of the Contract or subsequent to legislative change,whichever occurs first. In the event there is an increase/decrease in costs identified in Addendum A,this Contract shall be amended to adjust to such new rates. B. Official Payee The name and address of the Department's official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee,Florida 32317-3600 N. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, address and phone number as indicated, as.Contract Manager and Contract Administrator for the Project. A. Department's Contract Manager The Warden of the Correctional Institution represented in this Contract is designated Contract Manager for the Department and is responsible for enforcing performance of the Contract terms and conditions and shall serve as a liaison with the Agency. The name, address and telephone number of the Department's Contract Manager for this Contract is: Danny M.Wilkins,Warden Brevard Correctional Institution&Work Camp 885 Camp Road Cocoa,Florida 32927-3709 (321)634-6010 or(321)634-6134 B. Department's Contract Administrator: The Chief, Bureau of Purchasing is designated Contract Administrator for the Department and is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Contract Manager for the Department. The name, address and telephone number of the Department's Contract Administrator for this Contract is: Lisa M.Bassett, Chief Bureau of Purchasing Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850)410-4091 Page 6 of 12 Master Document Revised 07/03/03 CONTRACT# WS 141 C. Agency's Representative The name,address and telephone number of the representative of the Agency is: Bennett Boucher,City Manager City of Cape Canaveral P.O.Box 326 Cape Canaveral,Florida 32920 (321)868-1230 D. Changes to Designees In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representatives will be rendered in writing to the other party and said notification attached to originals of this Contract. V. CONTRACT MODIFICATIONS Modifications to provisions of this Contract shall only be valid when they have been rendered in writing and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any applicable laws,regulations or increases/decreases in allocations make changes to this Contract necessary. VI. TERMINATION/CANCELLATION Termination at Will This Contract may be terminated by either party upon no less than thirty(30)calendar days notice,without cause, unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered by certified mail (return receipt requested), or in-person with proof of delivery. In the event of termination, the Department will be paid for all costs incurred and hours worked up to the time of termination. The Department shall reimburse the Agency any advance payments,prorated as of last day worked. VII. CONDITIONS A. Records The Department and the Agency agree to maintain books, records and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices. The Department and the Agency agree to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119 of the Florida Statutes, and made or received by the Agency in conjunction with this Contract. It is expressly understood that substantial evidence of either the Department's or the Agency's refusal to comply with this provision shall constitute a breach of Contract. Page 7 of 12 Master Document Revised 07/03/03 CONTRACT#WS 141 B. Annual Appropriation 'The Department's performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of cash payments as outlined in Addendum A and in Section III,Compensation. C. Disputes Any dispute concerning performance of the Contract shall be resolved informally by the Contract Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Department's Correctional Program Administrator, Office of Institutional Support. The Correctional Program Administrator, Office of Institutional Support, shall decide the dispute, reduce the decision to writing, and deliver a copy.to the Agency with a copy to the Contract Administrator and Contract Manager. D. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, civil, or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods,water, wind, lightning, strikes, labor disputes,shortages of suitable parts,materials, labor,or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting therefrom. E. Severability The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted. F. Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of any discussions with any Department employee. Only those communications which are in writing from the Department's administrative or project staff identified in Section IV, Contract Management, of this Contract shall be considered as a duly authorized expression on behalf of the Department. Only communications from the Agency that are signed and in writing will be recognized by the Department as duly authorized expressions on behalf of the Agency. G. No Third Party Beneficiaries Except as otherwise expressly provided herein, neither this Contract, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of,or providing a benefit to,any party not a signatory hereto. Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County,Florida. Page 8 of 12 Master Document Revised 07/03/03 CONTRACT# WS 141 This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: CITY OF CAPE CANAVERAL SIGNED BY: NAME: TITLE: DATE: FEID#: DEPARTMENT OF CORRECTIONS SIGNED SIGNED BY: BY: NAME: James V.Crosby,Jr. NAME: uis A.Vargas TITLE: Secretary TITLE: General Counsel Department of Corrections Department of Corrections DATE: DATE: j 9-0 Page 9 of 12 Master Document Revised 07/03/03 h 0 0 0 Cl 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 N O O _ 0 0 O O V 600 .- 66N6 (O .•- ti ai U 6 6 O N N 1n O r•• O W M N F' F- = N�� NMMOM � o ' z Q d}69 E9 69 E9 E9 ER E9 69 69 Q E9 d9 _� +r 0000000000 J U) 0 0 0 0 0 0 0 0 0 0 ONN � O O (0ON Vl V :�:j L Q O R O .- •-- N M M O M sr o iscsi-7 ....' f- 7U (n y = '4t c Z to R LU a Q o �?E969619161316961>696F369 �= U O R N y ^ ' o > X U y 0 U O w i fA y to 4-7 0 CL x: Y 0) CL LLJ0) C p N X O N ULU o O LL1 Q C)) o ns c QLL - a>._ y f-<t3 z z c o m co a. 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ID 0 0 ca m U cc ZCo ca v o y ca E +y U _O °� � •_ cam. = E c °' oai " mc Rocaci Uq � 3 - OQCL It Lv CD c>caSyca M co ca c OO - TN O > pO ca aaO � a• L NfQ a) ca o co cn Oz la a = a Q Q.-0 'O ya scc f°y c 0 a> O a) N o > CL >.Ln -C (a � P V5i O ca O O O p) y � O i) dN coaa) L 7 = NO dC c_ L+.., o W o > nCO w co oc .alUGS Q LL � mE ca ` -0ct C L Owotm C14 y RN CD ` z U Ux > 0 = Lc ` p n' 7 o nCL o c o . a > L E EU 4- F . � anII+" c"Raa U p a) OWyoaQa) O Ss Nm a >. a U o o ca c) E o o s °� r E -0 a� a Q p (n m e o .d) ca o � a) E aci �: a m cpa aoi • 0a7 ) ' + -R d U j O O a)d Q r 3 .0N oOCC nE pL a -z; U 3O 3 LY z _ ' a� Y �E w ca Q E cm � a`o +° m0a c amY I " � a0 C.) y Fv aR U NN_ V a3)0 a) o , d a i - cc C Uf �` cO a=7 �= QQO o 0 c tMaLpv + ON cU C c a Z w V OL O 0 3t azwCw � pp (A L y c E " C L a) .O H L y i C y Q = O = O a) o + — O 'Q 'p d) cn v� m C t: o CD, cn o d = � N `�° o f c c c °D c n. a. ao ? ca F a� a_ cca ^� Q >, E ? c �v :: cc cQ0 .CE .E Y m od0O_ oc�`a :° a m y o tm E E N a.�" a) ~ U 0 E Q y 'O .2 W = O +O+ Y 0 ca co . v + aLLos U µ o a Z4- -0 F- F- Q ' N (h O N O (O O N lA (n fn m m 4) y a N ) c w a -o Q Meeting Type: Regular Meeting Date 02-17-04 _ AGENDA Considerations Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RENEWAL OF THE LANDSCAPING AGREEMENT WITH NICK'S LANDSCAPING DEPT./DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider the annual renewal of Nick's Landscaping Agreement in the amount of$104,215.44 as recommended by the public works director. Summary Explanation& Background: See attached memo from the public works director. This is a budgeted item. I support the public works director's recommendation. Exhibits Attached: Public works director's memo of 02-10-04 City Man ffice r Department PUBLIC WORKS/BEAUTIFICATION c im\ doc admin\counci meeting\2004\02-17-04\nicks.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 10,2004 SUBJECT: City Council Agenda Item for February 17,2004 Fifth Annual Landscaping and Mowing Contract Renewal Council had requested that Staff arrange the City's two mowing contracts to terminate at the same time so that one larger contract could be advertised for bid. Hence, on January 23, 2000 the City advertised for landscape services for the City right-of-ways and the Treatment Facility. A prebid meeting was held at the City Hall Annex on Tuesday, February 1 at 3:30 to answer any questions. At this meeting the Bid Opening date was extended to February 23, at 3:00 PM. At the time of the bid opening, the City received three bids. All Bidders' packages were in order. The low bidder was Nick's Lawn Services in the amount of$91,050.44. This bid award will be an annual contract that is renewable yearly for five years. City Council awarded Bid no 2000-01 to Nick's Landscaping on March 7, 2000. On March 6, 2001, March 19, 2002 and March 2003 City Council renewed Nick's Landscaping for a second,third and forth year. Although Nick's Lawn Service has inquired additional internal expenses and cost increases,these changes did not impact the unit bid price awarded March 7t',2000. Nick's Lawn Services has agreed to absorb his cost increases and honor the original bid line items prices. Although,Nick's Lawn Service has requested an increase in the number of required cuts during the growing seasons in the amount of$5,250 per year. Also, due to the increased number of additional trees, there will be an increased cost of $336.00. A change order to service Manatee Park in the amount of$6,304 was approved last year. The cost for lawn cutting$4,080.00 and tree trimming$2,224.00 per year was also approved last year. The additional change Order for the mowing of Thurm Blvd in the amount of$1,275 was approved last year. Nick's Lawn Service work has been satisfactory and responsive to the City of Cape Canaveral's needs. The award of the bid is a unit price contract based upon work satisfactory performed within the bid areas and payment will be paid through the appropriate funds; i.e. Enterprise Fund- $8,950, Beautification Fund$95,265.44. The Total Contract price is in the amount of$104,215.44 and will prorated per budget year. Recommend the fifth year renewal of Nick's Landscaping annual landscape and mowing contract. Attachments CC: File mvilmi Ht ll.zu MA 3Z1 W 34H 4002/002 RECEIVED Lawn ServiceWholesale Mulch Landscaping 17tu Pressure Cleaning Irrigation Professional Tractor Work Fully Stocked Greenhouse Landscape Maintenance Parking Lot Sweeping City of Cape Canaveral 7 October 2003 105 Polly Avenue P. O•Box 326 Cape Canaveral,FL 32920 RECEIVED Ann: Kay McKee 1. Request the following change order be made to the Grounds Maintenance contract: Add Thurrn Blvd on the same cutting;schedule as Roadsides. The cost will be $1,275.00 per year. �f 2. If there are any questions please call. r NICK ST2ANO H Owner 140 North Tropical Trail, #18 a Merritt Island, Florida 32953 Phone: (321)453-6910 0 Fax: (321) 459-3409 « E-mail: nicslawn@bellsouth.net 021117/2003 XON 20:50 FAI 321 459 3409 RECEIVED @001/001 FEB 18 X003 Lawn ServiceWholesale Mulch Landscaping 0&1% Pressure Cleaning Irrigation Professional Tractor Work Fully Stocked Greenhouse Landscape Maintenance Parking Lot Sweeping City of Cape Canaveral 18 February 2003 105 Polk Avenue P.O.Box 326 Cape Canaveral,FL 32920 Attn: Kay McKee 1. Request the following change order be made to the Orounds Maintenance confract•. a. Increase the number of cuts for roadsides to two during June—October this will help to eliminate trash and debris and give the roadsides a better appearance.. The additional cuts will cost$5,250.00 per year. b. Add Manatee Park on the same cutting schedule as Roadside. The cost will be$4,080.00 per year, c. Add Manatee park's Palm'frees to the trimming schedule. The cost will be 139 Palms X$16.00=$2,224.00 per year. d. Increase the number of Palms at the Ball Fields by 21. The additional trimming will cost$336.00 per year. 2. If there aoc ns se any questioplea jr NICK STIPANO CH Owner 140 North Tropical Trail.#18 • Merritt island, Florida 32953 Phone: (321)453-6910 a Fax: (321)459-3409 9 E-mail: nieslawnebelisouth.net s BID TAB SHEET GRAND TOTAL I. BID AREA- LANDSCAPED AREA 1. Mowing, Hedgey- 2. Palm and Tree Trimming / 6 U, 6 D II. BID AREA-RIGHT OF WAYS 1. Mowing and Edging /I Y D O 00 M. BID AREA—W/R PLANT & LIFT STATIONS 1. Water Reclamation Plant _ ir A/8 Q 1 40 0 2. Lift Stations D 0 TOTAL OF AREAS I, II, AND III 71 bs' D 0 V 4 Wxf VENDOR INFORMATION. NICKS LAWN Name. SERVICE lap ' Responsible Party: NICK STIPANOVICH Address: 140 N. Tropical Trail LOt Ir f-rri tt Island, FL 32953 Phone: '407-453-6910 BID TAB SHEET 1 Bid Area-Landscaped Areas Uri Cost • Dx Ygr Task Cost ToFai Cost A- City HA.Amex.Library yr _no •36 Hedge Tr�'"' 13 l7 D.d o Palm Trirmdry • :,- a h l 6+ee SUG-TOTAL 3 ReaesSon Conwhex MOVAV CP«aft — 38 Hedge T*wnkV �.611 13 Palm Tiirnmtq` �Q 1 SUB-TOTAL 3 �s•�o _��q6 . Xaiseve Park M-*V Opera= —�= 38 �Q.�� 9L Hedge Tr:nmtM — --'� PatoT*wtrp (� 13 Tw Ee " sue-Toru �S•�O !�F•DU '. Wast*x*n Park _ Mowing OpaaGom Q .- 38 I 9/ Hedge Tnmawg "'P0,049 13 71,E gad SUB-TOTAL �.S•d D I !�3 =j}o —7GA7Aa p 9b Canaveral a Canaveral Beady Bad. �i/A-= Mov:V Opora6ons l0.�.�2 38 - 1. fedgeTrkm*re IS-o,DU 13 Pakn¢*rn*v� - sub-TOTAL s�''a0 - ola co 4P,�- 4 R•rdge— o-- -E Cental W Cental Mowing OPera60ns 38 1. G Hedge T&wriJ I pb. o 0 13 Palm T*Nnkv /6 16 b 1 !h a e— SUB-TOTAL • •0 / - Ic ' 60 Harbor Heights ` Mowicg op«aAoraIr r_ 38 fill Hedge R&mcg 13 � 6 PANT&vnkv 1 ,as 7"r zz 't St16-TOTAL XY,D Bit)TAB SHEET t"cost � X01 —mus per Yew Task Cost T�Cost 38 /AI,96 Hedge T*na*p �- 13 � v - � Tr Q- sue Tona� j •p D f r b M—k*Opera6oas —=7 r-L.�' 38 ! f! l b HedgeT*mrAV .b 13 .a "To e-e " SUB-TOTAL 03b L Lkdsey CL Mowkg°peraftm /�L/� 3a Hedge T*nmkV 13 i Q PWM T*Nrag ,�— ? u', " SM-TOTAL Tower ekd.Medians MO.AV OPCCAM se Hedge ranrv:,g SOD 13 Palm T*wft D� SUS TOTAL e- �- �- JISM?I Pabi0ft Past Mowkg Ope aGNU 34 "edge Twamig S.� 13 P*R Tiinadng SWTOTAL Veletans Menxwu Pads Mowkg Operafta ,�f 2 38 1.96 Hedge Twmiig /.S.60 13 PAM T*=*Ng /� 1 <� r SWTOTAL tx. }- 3a a ,g1 Hedge Tdmwft �' r jj D 13 Palm TiiwttiV T"L C- SWTOIAL IS �, ,7�f, •av Ir y�. BID TAB SHEET Bid Area-RfgM ot'Ways Ul-a Cost Times oer Year Task Cost Total Cost K AfanBe Ave. j n / Mlawkg OP-"- a��dy 12 a Edgrg 10 SUB TOTAL �� 0 d o Cer"Blvd. Mbwng Operations d 8Q 12 1 as 01) Edqk+g .fD.bO 10 SUEPTOTAL Rdoewood Am,&Beach Ends p/� j M WAAV opera*— �l� 12 Edging !d d.LSO 10 IPA ) SUB-TOTAL ( �Z 6 •D D AIA MairYenance ,+ MtawkV Operafons 0 6,1>0 12 j o0 EdqhV _ /COs fah 10 d..000 SMTOTAL Bid Area-Y"bt RodamaGoa Ptaat Mvt MOWAV OP-860M ,old. 38 8' a ajEo SUB-TOTAL O j d�O! v Q r-- Lift Stakm Mto,*v OPaatians 12 12 .Ot! SUS-TOTAL W Qrstibes arc tar 9v&xfon prrposes G*.AckW quanfi6es are vAjectb tune , ITab sfieets nusl be tarbnaited Mdh Bid Package. . r T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document A111 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the COST OF THE WORK PLUS A FEE with or without a Guaranteed Maximum Price 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of.the Contract for Construction, is adopted in this document by reference. Do not use witb otber general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 7th day of March in the year of 2000 BETWEEN the Owner: The City of Cape Canaveral (Name and address) 105 Polk Ave. Cape Canaveral, F1 32920 and the Contractor: Nick's Lawn Service, Inc. (Name and address) 140 N. Tropical Trail Lot 1 Merritt Island, FL 32933 the Project is: Annual Landscaping and Mowing Contract (Name and address) the Architect is: NSA (Name and address) The Owner and Contractor agree as set forth below. N Copyright 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A111•OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•ALA" •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W., WASHINGTON, D.G. 20006 Al 11-1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of this Agreement,Conditions of the Contract(General, Supplementary and other Condi- dons),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications,appears in Article 16.If anything in the other Contract Documents is inconsistent with this Agreement,this Agreement shall govern. ARTICLE 2 THE WORK OF THIS CONTRACT 2.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indi- cated in the Contract Documents to be the responsibility of others, or as follows: In accordance with Bid Award # 2000-01, approved by City Commission on March 7, 2000. ARTICLE 3 RELATIONSHIP OF THE PARTIES 3.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill,efforts and judgment in furthering the interests of the Owner;to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials;and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner.The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expedi- tious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Con- tractor in accordance with requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4.1 The date of commencement is the date from which the Contract Time of Subparagraph 4.2 is measured;it shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement,if it differs from the date of this Agreement or,if appacabie,state tbat the date uW1 be fixed in a notice to proceed.) y Unless the date of commencement is established by a notice to proceed issued by the Owner,the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's liens and other security interests. AIA DOCUMENT A111 -OWNER-CONTRACTOR AGREEMENT-TENTH EDITION-AIA° -Oc 1987-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.1k,WASHINGTON,D.C.20006 A111-1987 2 4.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement.Also insert any requirements for earlier Substantial Completion of certain por- tions of the Work, if not stated elsewbere in the Contract Documents.) subject to adjustments of this Contract Time as:provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time.) ARTICLES CONTRACT SUM- 5.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum con- sisting of the Cost of the Work as defined in Article 7 and the Contractor's Fee determined as follows: (state a lump sum,percentage of Cost of the Work or otber provision for determining the Contractor's Fee,and explain bow the Contractor's Fee is to be adjusted for cbanges in the Work.) $ 91,050.44 5.2 GUARANTEED MAXIMUM PRICE(IF APPLICABLE) 5.2.1 . The slue of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed Dollars($ ) subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.) Y AIA DOCUMENT Al 11•OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA° •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A111-1987 3 5.2.2 The Guaranteed Maximum Price is based upon the following alternates, if any, which are described in the Contract Docu- ments and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates,but only Ya Guaranteed Maximum Price is inserted in Subparagraph 5.2.1.1f decisions on other alternates are to be made by the owner subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 5.2.3 The amounts agreed to for unit prices, if any, are as follows: (State unit prices only if a Guaranteed Maximum Price is inserted in Subparagraph 5.2.1.) See attached Bid Tab Sheet ARTICLE 6 CHANGES IN THE WORK 6.1 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE 6.1.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Subparagraph 7.3.3 of the General Conditions.. 6.1.2 In calculating adjustments to subcontracts(except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3.3.3 of the General Conditions and the terms "costs" and "a reasonable allowance for overhead and profit"as used in Subparagraph 7.3.6 of the General Conditions shall have the meanings assigned to them in the General Conditions and shall not be modified by Articles 5,7 and 8 of this Agreement.Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. y 6.1.3 In calculating adjustments to this Contract, the terms"cost"and"costs"as used in the above-referenced provisions of e General Conditions shall mean the Cost of the Work as defined in Article 7 of this Agreement and the ierms"fee"and"a reasonable allowance for overhead and profit" shall mean the Contractor's Fee as defined in Paragraph 5.1 of this Agreement. AIA DOCUMENT Al 11•OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA® •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A111��987 4 6.2 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE 6.2.1 Increased costs for the items set forth in Article 7 which result from changes in the Work shall become part of the Cost of the Work, and the Contractor's Fee shall be adjusted as provided in Paragraph 5.1. 6.3 ALL CONTRACTS 6.3.1 If no specific provision is made in Paragraph 5.1 for adjustment of the Contractor's Fee in the rase of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Paragraph 5.1 will cause substantial inequity to the Owner or Contractor,the Contractor's Fee shall be equitably adjusted on the basis of the Fee established for the original Work. ARTICLE 7 COSTS TO BE REIMBURSED 7.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner.The Cost of the Work shall include only the items set forth in this Article 7. 7.1.1 LABOR COSTS 7.1.1.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's agreement, at off-site workshops. 7.1.1.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (if it is intended that the wages or salaries of certain personnel stationed at the Contractor's principal or otber offices sball be included in the Cost of the Work,iden- tify in Article 14 the personnel to be included and wbetber for all or only.'part of their time.) 7.1.1.3 Wages and salaries of the Contractor's supervisory or administrative personnel engaged, at factories, workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. 7.1.1.4 Costs paid or incurred by the Contractor for taxes,.insurance, contributions, assessments and benefits required by law or collective bargaining agreements and,for personnel not covered by such agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Clauses 7.1.1.1 through 7.1.1.3. 7.1.2 SUBCONTRACT COSTS Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts. 7.1.3 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION 7.1.3.1 Costs, including transportation,of materials and equipment incorporated or to be incorporated in the completed construction. 7.1.3.2 Costs of materials described in the preceding Clause 7.1.3.1 in excess of those actually installed but required to provide rea- sonable allowance for waste and for spoilage.Unused excess materials,if any,shall be handed over to the Owner at the completion of the Work or,at the Owner's option,shall be sold by the Contractor;amounts realized,if any,from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 7.1.4 COSTS OF OTHER MATERIALS AND EQUIPMENT,TEMPORARY FACILITIES AND RELATED ITEMS 7.1.4.1 Costs,including transportation,installation,maintenance,dismantling and removal of materials,supplies,temporary facilities, machinery,equipment,and hand tools not customarily owned by the construction workers,which are provided by the Contractor at the site and fully consumed in the performance of the Work;and cost less salvage value on such items if not fully consumed,whether sold to others or retained by the Contractor. Cost for items previously used by the Contractor shall mean fair market value. 7.1.4.2 Rental charges for temporary facilities, machinery, equipment,and hand tools not customarily owned by the construction workers,which are provided by the Contractor at the site,whether rented from the Contractor or others,and costs of transportation, installation,minor repairs and replacements,dismantling and removal thereof.Rates and quantities of equipment rented shall be sub- ject to the Owner's prior approval. 7.1.4.3 Costs of removal of gebris from the site. 7.1.4.4 Costs of telegrams and long-distance telephone calls,postage and parcel delivery charges,telephone service at the site and rea- sonable petty cash expenses of the site office. 7.1.4.5 That portion of the reasonable travel and subsistence expenses of the Contractor's personnel incurred while traveling in dis- charge of duties connected with the Work. AIA DOCUMENT Al 11 •OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA° •©1987•THE A111-1987 5 -. ....rrr-rc •>zc w.rrn V AVFMI iF MAY/ WACH1Nr.T0N_P.t'_2 kY, 7.1.5 MISCELLANEOUS COSTS 7.1.5.1 That portion directly attributable to this Contract of premiums for insurance and bonds. 7.1.5.2 Sales,use or similar taxes imposed by a governmental authority which are related to the Work and for which the Contractor is liable. 7.1.5.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. 7.1.5.4 Fees of testing laboratories for tests required by the Contract Documents,except those related to defective or nonconforming Work for which reimbursement is`excluded by Subparagraph 13.5.3 of the General Conditions or other provisions of the Contract Documents and which do not fall within the scope of Subparagraphs 7.2.2 through 7.2.4 below. 7.1.5.5 Royalties and license fees paid for the use of a particular design,process or product required by the Contract Documents;the cost of defending suits or claims for infringement of patent rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of set- tlements made with the Owner's consent;provided,however,that such costs of legal defenses,judgment and settlements shall not be included in the calculation of the Contractor's Fee or of a Guaranteed Maximum Price,if any,and provided that such royalties, fees and costs are not excluded by the last sentence of Subparagraph 3.17.1 of the General Conditions or other provisions of the Contract Documents. 7.1.5.6 Deposits lost for causes other than the Contractor's fault or negligence. 7.1.6 OTHER COSTS 7.1.6.1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 7.2 EMERGENCIES: REPAIRS TO DAMAGED, DEFECTIVE OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Paragraph 7.1 which are incurred by the Contractor: 7.2,1 In taking action to prevent threatened damage,injury or loss in case of an emergency affecting the safety of persons and prop- erty,as provided in Paragraph 10.3 of the General Conditions. 7.2.2 In repairing or correcting Work damaged or improperly executed by construction workers in the employ of the Contractor, provided such damage or improper execution did not result from the fault or negligence-of the Contractor or the Contractor's foremen, engineers or superintendents, or other supervisory,administrative or managerial personnel of the Contractor. 7.2.3 In repairing damaged Work other than that described in Subparagraph 7.2.2,provided such damage did not result from the fault or negligence of the Contractor or the Contractor's personnel, and only to the extent that the cost of such repairs is not recoverable by the Contractor from others and the Contractor is not compensated therefor by insurance or otherwise. 7.2.4 In correcting defective or nonconforming Work performed or supplied by a Subcontractor or material supplier and not cor- rected by them, provided such defective or nonconforming Work did not result from the fault or neglect of the Contractor or the Contractor's personnel adequately to supervise and direct the Work of the Subcontractor or material supplier,and only to the extent that the cost of correcting the defective or nonconforming Work is not recoverable by the Contractor from the Subcontractor or material supplier. ARTICLE 8 COSTS NOT TO BE REIMBURSED 8.1 The Cost of the Work shall not include: 8.1.1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Clauses 7.1.1.2 and 7.1.1.3 or as may be provided in Article 14. 8.1.2 Expenses of the Contractor's principal office and offices other than the site office. 8.1.3 Overhead and general expenses, except as may be expressly included in Article 7. 8.1.4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. 8.1.5 Rental costs of machinery and equipment, except as specifically provided in Clause 7.1.4.2. 8.1.6 Except as provided in Subparagraphs 7.2.2 through 7.2.4 and Paragraph 13.5 of this Agreement,costs due to the fault or negli- gence of the Contractor,Subcontractors,anyone directly or indirectly employed by any of them,or for whose acts any of them may be liable,including but not limited to costs for the correction of damaged,defective or nonconforming Work,disposal and replace- ment of materials and equipment incorrectly ordered or supplied, and making good damage to property not forming part of the Work. 8.1.7 Any cost not specifically and expressly described in Article 7. 8.1.8 Costs which would cause the Guaranteed Maximum Price,if any, to be exceeded. AIA DOCUMENT A111 -OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA® •©1987•THE �LA.DIl AM TMgTtTirrf OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,WASHINGTON,D.C.20oo6 A111-1.987 6 ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if(1)before making the payment, the Contractor included them in an Application for Payment and received payment therefor from the Owner,or(2)the Owner has deposited funds with the Contractor with which to{hake payments;otherwise,cash discounts shall accrue to the Contractor.Trade discounts, rebates,refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Contractor shall make provisions so that they can be secured 9.2 Amounts which accrue to the Owner in accordance with the provisions of Paragraph 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor.The Contractor shall obtain bids from Sub- contractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Archi- tect. The Owner will then determine, with the advice of the Contractor and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific persons or entities from whom the Contractor shall obtain bids; however,if a Guaranteed Maximum Price has been established,the Owner may not prohibit the Contractor from obtaining bids from others. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. 10.2 If a Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Con- tractor to the Architect(1)is recommended to the Owner by the Contractor;(2)is qualified to perform that portion of the Work;and (3)has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted; then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. 10.3 Subcontracts or other agreements shall conform to the payment provisions of Paragraphs 12.7 and 12.8, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. ARTICLE 11 ACCOUNTING RECORDS 11.1 The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract;the accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's accountants shall be afforded access to the Contractor's records,books, correspondence, instructions, drawings, receipts,subcon- tracts,purchase orders, vouchers,memoranda and other data relating to this Contract,and the Contractor shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 12 PROGRESS PAYMENTS 12.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. . 12.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: 12.3 Provided an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment to the Contractor not later than the day of the month.If an Application for Payment is received by the Architect after the application date fixed above,pay- ment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 12.4 With each Application f6r Payment the Contractor shall submit payrolls,petty cash accounts, receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed(1)progress payments already received by the Contractor;less(2)that portion of those payments attributable to the Contractor's Fee;plus(3)payrolls for the period covered by the present Application for Payment;plus(4)retainage provided in Subparagraph 12.5.4, if any,applicable to prior progress payments. AIA DOCUMENT Al I I •OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA° •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A111-1987 7 12.5 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE 12.5.1 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Contractor in accor- dance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Contractor's Fre shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data io substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 12.5.2 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed or(2)the percentage obtained by dividing(a)the expense which has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by(b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 12.5.3 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: 12.5.3.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions,even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. 12.5.3.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing. 12.5.3.3 Add the Contractor's Fee,less retainage of percent( %). The Contractor's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Paragraph 5.1 or,if the Contractor's Fee is stated as a fixed sum in that Paragraph,shall be an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. 12.5.3.4 Subtract the aggregate of previous payments made by the Owner. 12.5.3.5 Subtract the shortfall,if any,indicated by the Contractor in the documentation required by Paragraph 12.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. 12.5.3.6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 12.5.4 Additional retainage,,if any, shall be as follows: (if it is intended to retain additignal amounts from progress payments to the Contractor beyond(1)the retainage from the Contractor's Fee provided in Clause _. . 12.5.3.3,(2)the retainage from Subcontractors provided in Paragrapb 12.7 below,and(3)the retainage,if any,provided by otber provisions of the Contract,insert provision for sucb additional retainage bene.Sucb provision,if made,sbould also describe any arrangement for limiting or reducing the amount retained after the Work reacbes a certain state of completion.) 12.6 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE 12.6.1 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. 12.6.2 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: 12.6.2.1 Take the Cost of the Work as described in Subparagraph 12.6.1. 12.6.2.2 Add the Contractor's Fee,less retainage of percent( %).The Contractor's Fee shall be computed upon the Cost of the Work described in the preceding Clause 12.6.2.1 at the rate stated in Paragraph 5.1 or,if the Contractor's Fee is stated as a filed sum in that Paragraph,an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the preceding Clause bears to a reasonable estimate of the probable Cost of the Work upon its completion. 12.6.2.3 Subtract the aggregate of previous payments made by the Owner. 12.6.2.4 Subtract the shortfall,if any,indicated by the Contractor in the documentation required by Paragraph 12.4 or to substanti- ate prior Applications for Payment or resulting from errors subsequently discovered by the Owner's accountants in such documentation. 12.6.2.5 Subtract amounts,if any, for which the Architect has withheld or withdrawn a Certificate for Payment as provided in the Contract Documents. 12.6.3 Additional retainage, if any, shall be as follows: 12.7 Except with the Owner's prior approval,payments to Subcontractors included in the Contractor's Applications for Payment shall not exceed an amount for each Subcontractor calculated as follows: 12.7.1 Take that portion of the Subcontract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Subcontractor's Work by the share of the total Subcontract Sum allocated to that portion in the Subcontractor's schedule of values,less retainage of percent( %). Pending final determination of amounts to be paid to the Subcontractor for changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Subcontract Sum has not yet been adjusted by Change Order. 12.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing, less retainage of percent( %). 12.7.3 Subtract the aggregate of previous payments made by the Contractor to the Subcontractor. 12.7.4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment by the Owner to the Con- tractor for reasons which are the fault of the Subcontractor. 12.7.5 Add,upon Substantial Completion of the entire Work of the Contractor,a sum sufficient to increase the total payments to the Subcontractor to percent( %)of the Subcontract Sum,less amounts,if any,for incomplete Work and unsettled claims;and,if final completion of the entire Work is thereafter materially delayed through no fault of the Subcon- tractor,add any additional amounts payable on account of Work of the Subcontractor in accordance with Subparagraph 9.10.3 of the General Conditions. (lfit is intended,prior to Substantial Completion of the entire Work of the Contractor,to reduce or limit the retainagefrom Subcontractors resulting from the percent- ages inserted in Subparagraphs 12.7.1 and 12.7.2 above,and this is not etplained elsewbere in the Contract Documents,insert bene provisionsfor sucb reduction or limitation.) The Subcontract Sum is the total amount stipulated in the subcontract to be paid by the Contractor to the Subcontractor for the Sub- contractor's performance of the subcontract. 12.8 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equip- ment which have not been delivered and stored at the site. 12.9 In taking action on the Contractor's Applications for Payment,the Architect shall be entitled to rely on the accuracy and com- pleteness of the information furnished by the Contractor and shall not be deemed to represent that the Architect has made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Paragraph 12.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections or that the Architect has made examinations to ascer- tain how or for what purposes.the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner,will be performed by the Owner's accountants acting in the sole interest of the Owner. ARTICLE 13 FINAL PAYMENT 13.1 Final payment shall be made by the Owner to the Contractor when(1)the Contract has been fully performed by the Contrac- tor except for the Contractor's responsibility to correct defective or nonconforming Work,as provided in Subparagraph 12.2.2 of the General Conditions,and to satisfy other requirements,if any,which necessarily survive final payment;(2)a final Application for Pay- AIA DOCUMENT Al I I •OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA° •©1987•THE i" AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 Al l l-1987 9 ment and a final accounting for the Cost of the Work have been submitted by the Contractor and reviewed by the Owner's accoun- tants;and(3)a final Certificate for Payment has then been issued by the Architect;such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: 13.2 The amount of the final payment shall be calculated as follows: 13.2.1 Take the sum of the Cost of the Work substantiated by the Contractor's final accounting and the Contractor's Fee; but not more than the Guaranteed Maximum Price, if any. 13.2.2 Subtract amounts,if any,for which the Architect withholds,in whole or in part,a final Certificate for Payment as provided in Subparagraph 9.5.1 of the General Conditions or other provisions of the Contract Documents. 13.2.3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Contractor,the Contractor shall reimburse the difference to the Owner. 13.3 The Owner's accountants will review and report in writing on the Contractor's final accounting within 30 bays after delivery of the final accounting to the Architect by the Contractor.Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Contractor's final accounting,and provided the other conditions of Paragraph 13.1 have been met,the Architect will,within seven days after receipt of the written report of the Owner's accountants,either issue to the Owner a final Certificate for Payment with a copy to the Contractor,or notify the Contractor and Owner in writing of the Architect's reasons:for withholding a certificate as provided in Subparagraph 9.5.1 of the General Conditions. The time periods stated in this Paragraph 13.3 supersede those stated in Subparagraph 9.4.1 of the General Conditions. 13.4 If the Owner's accountants report the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor,the Contractor shall be entitled to demand arbitration of the disputed amount without a further decision of the Architect.Such demand for arbitration shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the Architect's final Certificate for Payment; failure to demand arbitration within this 30-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Contractor. Pending a final resolution by arbitration, the Owner shall pay the Contractor the amount certified in the Architect's final Certificate for Payment. 13.5 If, subsequent to final payment and at the Owner's request, the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work,the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price,if any.If the Contractor has participated in savings as provided in Paragraph 5.2,the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 14.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act,similar state and locat consumer credit taws and other regulations at the Oraner s and Con- tractor's principal places of business,the location of the Project and elsewhere may affect the validity of tbcs provision.Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) AIA DOCUMENT Al 11 •OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA® •©198,7•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W..WASHINGTON,D.C.200o6 A111-1987 10 14.3 Other provisions: ARTICLE 15 TERMINATION OR SUSPENSION 15.1 The Contract may be terminated by the Contractor as provided in Article 14 of the General Conditions; however, the amount to be paid to the Contractor under Subparagraph 14.1.2 of the General Conditions shall not exceed the amount the Contrac- tor would be entitled to receive under Paragraph 15.3 below,except that the Contractor's Fee shall be calculated as if the Work had been fully completed by the Contractor, including a reasonable estimate of the Cost of the Work for Work not actually completed. 15.2 If a Guaranteed Maximum Price is established in Article 5,the Contract may be terminated by the Owner for cause as provided in Article 14 of the General Conditions;however,the amount,if any,to be paid to the Contractor under Subparagraph 14.2.4 of the General Conditions shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount the Contractor would be entitled to receive under Paragraph 15.3 below. 15.3 If no Guaranteed Maximum Price is established in Article 5,the Contract may be terminated by the Owner for cause as pro- vided in Article 14 of the General Conditions; however, the Owner shall then pay the Contractor an amount calculated as follows: 15.3.1 Take the Cost of the Work incurred by the Contractor to the date of termination. 15.3.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Paragraph 5.1 or,if the Contractor's Fee is stated as a fixed sum in that Paragraph,an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion. 15.3.3 Subtract the aggregate of previous payments made by the Owner. The Owner shall also pay the Contractor fair compensation,either by purchase or rental at the election of the Owner,for any equip-, ment owned by the Contractor which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Subparagraph 15.3.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including ren- tal agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 15, execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcon- tracts or purchase orders. 15.4 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions;in such case,the Guaranteed Maximum Price,if any,shall be increased as provided in Subparagraph 14.3.2 of the General Conditions except that the term"cost of performance of the Contract"in that Subparagraph shall be understood to mean the Cost of the Work and the term"profit"shall be understood to-mean the Contractor's Fee as described in Paragraphs 5.1 and 6.3 of this Agreement. ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS 16.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a 16.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A111, 1987 Edition. 16.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. AIA DOCUMENT A111 •OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA" •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A111-1987 11 16.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages 16.1.4 The Specifications are those contained in the Project Manual dated as in Paragraph 16.1.3, and are as follows: (Eitber list the Specifications bere or refer to an exbibit attached to this Agreement.) Section Title Pages AIA DOCUMENT A111 •OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AL1® •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A111-1987 12 16.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Eitber list the Drawings bere or refer to an exhibit attacbed to this Agreement.) Number T?fle Date 16.1.6 The Addenda, if any,are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not Fart of the Contract Documents unless the bidding requirements are also enumerated in this Article 16. AIA DOCUMENT Al 11•OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA® •©1987•THE --,, ____ 16.1.7 Other Documents, if any, forming part of the Contract Documents are as follows: (List bere any additional documents wbich are intended to form part of the Contract Documents.The General Conditions provide tbat bidding requirements such as advertisement or invitation to bid,Instructions to Bidders,sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement 7bey sbould be listed bere only if intended to be pan of the Contract Documents.) 1 This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. O ty of Ca ailaveral CON CTOR , Nick's Lawn Service, Inc. tore) Ben oucher (s=gna ire Bennett Boucher, Q ty Manacrpr (Printed name and title) ityanager - (Printed name and title) AIA DOCUMENT Al 11•OWNER-CONTRACTOR AGREEMENT•TENTH EDITION•AIA® •©1987•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A111-1987 14 0 Meeting Type: Regular Meeting Date 02-17-04 AGENDA Heading Considerations oraeww�ua Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: INTERLOCAL AGREEMENT WITH THE CITY OF COCOA FOR UTILITY BILLING SERVICES DEPT./DIVISION: ADMINISTRATIONNINANCE Requested Action: City Council consider approval of an interlocal agreement with the City of Cocoa for utility billing services. Summary Explanation& Background: This is an update to the interlocal agreement originally approved on 01-24-95. The City of Cocoa provides utility billing services for sewer,garbage,recycling and stormwater. The new rates for billing are: A flat$0.85 per month,per account,and a flat fee of$0.35 per month for each additional service billed. Please review the attached agreement. This is still the most cost effective method for our utility billing,and I recommend approval. Exhibits Attached: Interlocal Agreement City ManOffice Department ADMINISTRATION/FINANCE m\mydoc in\council\meeting\2004\02-17-04\cocoa.doc BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Lazy Usher L. BrownOffices in Orlando,Kissimmee, Debra S. Babb-Nutcher Suzanne D'Agresta' Cocoa&Viera Joseph E. Blitch Anthony A.Garganese° Jeffrey P. Buak° Gary S.Salzman* John U. Biedenharn,Jr. John H.Ward' Douglas Lambert Jeffrey S.Weiss Katherine Latorre Michelle A.Reddin Kimberly F.Whitfield 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer Erin J.O'Leary 'Board Certified City,County&Local Government Law Of Counsel February 2, 2004 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Interlocal Agreement- City of Cocoa/City of Cape Canaveral Utility Fee Collection City of Cocoa - Utilities Our File No.: 1263 Dear Bennett: Please find enclosed the revised Interlocal Agreement referenced above, with Exhibits"A"and"B"attached. Please attached Exhibit"C"which relates to the current rate schedules for the City's utilities. If you have any questions regarding this matter please do not hesitate to contact our offices. Very truly yours, ;JVe . Buak, Esquire JPB/jdw Enclosures: Revised Interlocal Agreement cc: Micki Abdi, Customer Service Manager G:\DocslCity of Cape Canaveral\CorrespondencelBoucher\Utilties_lnterlocal_Agr Ltr_021104.wpd 225 East Robinson Street,Suite 660•P.O. Box 2873•Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566 Website:www.oriandolaw.net•Email:firm@orlandolaw.net INTERLOCAL AGREEMENT THIS AGREEMENT,made and entered into on the last date entered below,by and between the CITY OF COCOA, a Florida municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "Cocoa", and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, hereinafter referred to as "Cape Canaveral". WITNESSETH : WHEREAS, Cape Canaveral currently owns, operates, and provides sewage treatment, reclaimed water, garbage, stormwater, and recycling services (hereinafter"Cape Canaveral Utility Services") for the residents and businesses of Cape Canaveral; and WHEREAS, Cocoa currently owns and operates a water works supply and transmission system within central Brevard County, Florida for the purpose of furnishing water to its customers, including customers located in the Cape Canaveral; and WHEREAS, Cocoa continues to have the capability and facilities to economically bill and collect deposits, connection fees and service charges from customers of Cape Canaveral's Utility Services; and WHEREAS, Cocoa and Cape Canaveral entered into an Interlocal Agreement on or about January 24, 1995, to provide for the collection deposits and service charges arising from the Cape Canaveral's Utility Services, a copy of the same is attached hereto as Exhibit "A" for reference purposes only; and WHEREAS, Cocoa and Cape Canaveral desire to update the aforementioned Interlocal Agreement regarding current procedures, policies, and pricing guidelines; and WHEREAS,Cocoa and Cape Canaveral desire for this Agreement to supercede and replace the currently existing and aforementioned Interlocal Agreement relating to the collection of Cape Canaveral's Utility Services' fees and service charges; and WHEREAS,execution of this Agreement will mutually benefit the parties and the residents of Brevard County, Florida. NOW,THEREFORE,in consideration of the mutual covenants contained herein and other valuable consideration,the sufficiency of which is acknowledge by the parties hereto,it is mutually agreed as follows: 1. Recitals. Each and all of the foregoing recitals are hereby incorporated herein and declared to be true Page 1 of 6 and correct. 2. Collection of Charges. Cocoa hereby agrees to collect all deposits and service charges due from Cape Canaveral's Utility Service customers in Cape Canaveral. Said charges will include current as well as past due charges,and will be collected on a monthly basis in accordance with policies and procedures adopted by Cocoa in consultation with Cape Canaveral. A set of current policies and procedures to be utilized by Cocoa in the collection of said accounts is attached hereto as Exhibit "B" and made a part hereof by this reference. Cocoa reserves the right to unilaterally amend the policies and procedures contained in Exhibit"B" however, Cocoa agrees to provide Cape Canaveral a copy of any amendments to such policies and procedures at least thirty (30) days prior to the date of implementation of the same. In the event of any conflict between the policies and procedures attached hereto as Exhibit"B"or any amendment thereto and the terms of this Agreement,the terms of this Agreement shall control. All service charges for Cape Canaveral Utility Services shall be separately itemized and included on monthly water bills issued by Cocoa to its customers,or, if said person is not on Cocoa water, by separate monthly billing prepared by Cocoa for said purpose. 3. Service fee. In consideration of the services to be provided and performed by Cocoa, Cape Canaveral agrees to pay to Cocoa an amount per customer account per month as computed as follows: A. For the primary service, a flat fee of $0.85 per month, per account billed. The primary service shall be the service provided by Cape Canaveral with the greatest number of customers; B. For all other services, a flat fee of$0.35 per month, per additional service billed. This monthly administrative fee shall be assessed to the customer and will be included in the monthly utility bill. It is hereby agreed and understood that Cocoa retains the right to change the billing rate hereinabove set forth;provided,however,that in no event shall Cape Canaveral be liable for any increase in said billing rate except upon written notice thereof to be provided at least sixty (60) days prior to the effective date of said increase. 4. Customer List/Rates/Deposits. Cape Canaveral shall furnish to Cocoa a list of all customers to be billed by Cocoa together with the billing rate applicable thereto. The initial billing rate is set forth in the schedule of rates attached hereto as Exhibit"C" and incorporated herein by this reference. In no event shall Cocoa charge or assess any rate, fee, charge or penalty to any customer unless specifically set forth in Exhibit"C" as may be amended,or as may otherwise be provided herein. In consideration of the requirements of Chapter 180, Florida Statutes, regarding notice of change of utility rates, Cape Page 2 of 6 Canaveral agrees to provide to Cocoa written notice of any changes in said rates at least sixty (60) days prior to the effective date thereof and will be solely responsible for all costs incurred by the City and attributable to providing notice of the new rate schedule. Cocoa shall remit the proceeds of the collections less the service fee from the monthly service charges and arrears to the City of Cape Canaveral Finance Department at least monthly no later than the 15th day of each month following receipt of same. Cocoa shall hold all sanitary sewerage deposits collected by Cocoa or remitted to Cocoa by Cape Canaveral. Cocoa shall refund all deposits as directed by Cape Canaveral or at the conclusion of service provided there are no outstanding charges due. Cocoa shall maintain a strict accounting of all deposits and the amount due each customer. Cocoa shall provide the following reports monthly to Cape Canaveral: A. Customers with no credit offenses; B. Accounts with no deposits; C. Locations with no active customers; D. Garbage accounts billed; E. Recycling accounts billed; F. Billing registers in CD format; G. Receivables report; and H. Adjustments report. plus such additional information requested in writing by Cape Canaveral or its authorized representative In the event of partial payments of bills by customers utilizing both Cocoa water and Cape Canaveral sanitary sewerage, all amounts received shall be applied first to delinquent billings and then to current charges in the following order: Cocoa water and service charges, hydrant service charge, and Cape Canaveral sewerage and other Cape Canaveral charges. 5. Billing Adjustments. Normal billing adjustments to customer accounts shall be made by Cocoa without prior approval by Cape Canaveral, in accordance with the"Adjustments-Classification and Use"section set forth in Exhibit "B". Authorization for new accounts,deletion of existing accounts and adjustments not involving Page 3 of 6 normal billing adjustments set forth in Exhibit "B" shall be made by Cocoa solely upon written notification from Cape Canaveral or its designated representative. 6. Disconnect/Interrupt Service; Indemnification; Collection. Cocoa hereby agrees to disconnect or interrupt water service to property subject of this Agreement for nonpayment of Cape Canaveral sanitary sewerage service charges and to refuse to connect or reconnect such services until said delinquency has been eliminated. The disconnection of water service solely for nonpayment of Cape Canaveral sanitary sewerage service charges shall be made by Cocoa without prior approval by Cape Canaveral. In addition to the foregoing,Cocoa may at its discretion employ the services of a third-party collection agency for the collection of any delinquent account. Any costs incurred through the employment of such collection agency shall be borne solely by the delinquent customer, and is to be collected prior to reconnection of any utility service contemplated hereunder. In the event any suit or cause of action is brought seeking enjoin Cocoa from discontinuing or interrupting water service, or seeking to recover damages against Cocoa as a result of Cocoa's discontinuance or interruption of water services,where said interruption occurred solely to enforce nonpayment of Cape Canaveral sanitary sewer service charges,Cape Canaveral agrees to indemnify and hold Cocoa harmless for any and all expenses incurred in defending such suit and for any damages that are assessed against Cocoa in any such suit by a court of competent jurisdiction, provided that Cocoa shall promptly notify Cape Canaveral of such action. 7. Term of Agreement. The initial term of this Agreement shall be from the date of execution by both parties through September 30, 2004. This Agreement shall be automatically renewed for successive one (1) year periods commencing on October 1 of the applicable year and terminating on September 30 of the following year unless otherwise terminated by either party. This Agreement may be terminated by either party upon one hundred eighty (180) days notice of the other parry. 8. Notice. All notices,demands,requests,instructions,approvals,and claims shall be in writing. All notice 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 Cocoa: City of Cocoa c/o City Manager's Office 603 Brevard Avenue P.O. Box 1750 Cocoa, Florida 32922 Page 4 of 6 TO Cape Canaveral: City of Cape Canaveral Bennett Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery or first class U.S. mail, postage prepaid, as addressed above. Notice shall be deemed to have been given and received on the date the notice is mailed,if given by certified mail, return receipt requested, postage prepaid, as addressed above. Any party hereto by giving notice in the manner set 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. 9. Miscellaneous provisions. A. This Interlocal Agreement shall be considered an Interlocal Agreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in Brevard County, Florida B. This Interlocal Agreement may only be modified,amended or altered if the terms or conditions are contained in a written document executed by each of the parties hereto with the same formality and of equal dignity herein. All modifications amendments or alterations shall be promptly filed with the Clerk of the Circuit Court in Brevard County, Florida C. If any word,sentence,or paragraph or provision to this Interlocal Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not effect the other parts of the Interlocal Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the Parties can be accomplished. D. This Interlocal Agreement represents the entire understanding and agreement of the parties. E. The effective date of this Interlocal Agreement shall be the date in which the last party hereto executes this Interlocal Agreement. F. The laws of the State of Florida shall govern the validity and interpretation of this Interlocal Agreement. Venue shall be in Brevard County,Florida for any action filed in state court and in Orlando, Florida for any action filed in federal court. G. Both Cocoa and Cape Canaveral have participated in the drafting of all parts of this Interlocal Agreement. As a result, it is the intent of the parties that no portion of this Page 5 of 6 Interlocal Agreement shall be interpreted more harshly against either of the parties as drafter. H. No delay or failure by either parry to exercise any right under this Interlocal Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. I. Nothing in this Interlocal Agreement shall be construed to give any rights or benefits to anyone other than Cocoa and Cape Canaveral. J. Nothing contained in this Interlocal Agreement shall be construed as a waiver by Cocoa or Cape Canaveral of sovereign immunity under Section 768.28, Florida Statutes or any other law limiting the liability of either Cocoa or Cape Canaveral. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. ATTEST: CITY OF CAPE CANAVERAL By: Name: Rocky Randels, Mayor Date: ATTEST: CITY OF COCOA, FLORIDA: By: Joan Clark, City Clerk Judy J. Parrish, Mayor Date: Page 6 of 6 EX EBIT ENTERLOCAL AG THIS INTERLOCAL AGREEMENT made and entered into this 24th �(? JAN 1994r s�\ N RE .� F 4 E (J ( day` January , 19 95 , by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Cape Canaveral") and the CITY OF COCOA, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Cocoa"), collectively referred to as the "parties". WITNESSETH: WHEREAS, Cape Canaveral presently ovens and operates -a sewage treatment system serving residents of Cape Canaveral and businesses within the Canaveral Port Authority district; WHEREAS, Cocoa presently owns and operates a water works supply and transmission system within Brevard County, Florida, for the purpose of furnishing water to its customers; and WHEREAS, Cocoa is authorized by Florida law to operate a water system outside of Cocoa's corporate limits; and WHEREAS, Cocoa has the capability and facilities to economically bill and collect deposits and serv'i'ce charges from the customers of the Cape Canaveral sanitary sewer system; and the Canaveral Port Authority Sanisary Sewer Systems. WHTREAS, Cocoa and Cape Canaveral previously entered into Water Franchise Agreements, respectively by virtue of Ordinance Number 38-64 adopted on September 21, 1964, -and Resolution No. 94-10 adopted on April 19, 1994, by Cape Canaveral, and Resolution adopted on October 20, 1964, and Ordinance No. 11-94 adopted on May 10, 1994, by Cocoa; and 680:0N +iZ/ZL: [g ZS:ZL 20/0L/,70 20ZLL29LZ2 O, V0303 �0 ,l1I3 "F.R.EAS, these water franchise agreements granted Cocoa the right, privilege and franchise to operate a water plant and water distribution system in Cape Canaveral, and to furnish water to Cape Canaveral and its inhabitants; and WHEREAS, Section 2(b), Article VII of the State Constitution, and Chapter 166, unici 1� i�ties, Florida Statutes ("Municipal Home Rule Powers Act") grants municipalities the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 78-153 of the Cape Canaveral Code of Ordinances grants Cape Canaveral the right to discontinue water and sewer services to customers for failure to pay service charges when due and to refuse to connect or reconnect such services until the delinquency is eliminated; and WHEREAS, Cape Canaveral desires to enter into an agreement with Cocoa to provide for the collection of sanitary sewer service charges from its customers located within the City of Cape Canaveral and the Canaveral Port Authority area. WHEREAS, execution of this Agreement will mutually benefit the parties and the residents of Cape Canaveral and the customers of the Canaveral Port Authority. NOW, THEREFORE, in consideration of the premises and the covenants herein contained, it is mutually agreed between the parties as follows: 1. Cocoa hereby agrees to collect all deposits and service charges from customers of Cape Canaveral and the Canaveral Port Authority systems located in central Brevard County, Florida. Said charges will include current as well as past due charges, and will be collected on -2- 680=0N �F/EL: i0 �OZLL£9lZ�,�, V030) 40 AITO a monthly basis in accordance with policies and procedures adopted by Cocoa in consultation with Cape Canaveral or its designated representatives. A set of current policies and procedures to be utilized by Cocoa in the collection of said accounts is attached hereto as Exhibit "A" and made apart hereof by this reference. Cocoa agrees to provide to Cape Canaveral, at least thirty (30) days prior to the date of implementation of same, a copy of all such policies and procedures and any amendments thereto. In the event of any conflict between the policies and procedures attached hereto as Exhibit "A" or any amendment thereto and the terms of this Agreement, the terms of this Agreement shall control. All charges for sanitary sewer service provided by Cape Canaveral shall be separately itemized and included on monthly water bills issued by Cocoa to its customers, or, if said person is not being supplied Cocoa water, by separate monthly billing prepared by Cocoa for said purpose. 2. In consideration of the services to be provided and performed by Cocoa, Cape Canaveral agrees to pay to Cocoa an amount per account computed as follows: The monthly administrative cost for billing sewer shall be $.063 per customer. Each additional monthly service shall be $.025 per service per customer. Additional services shall include, but are not limited to, garbage, recycling, and stormwater; including late penalty fees and reinstatement fees. These rates are for both consumption and flat rate customers. The monthly administrative fees as stated above shall be assessed to the user and will be included on the monthly utility bill. It is hereby mutually agreed and understood that Cocoa retains the right to change the billing rate hereinabove set forth; provided, however, that in no event will Cape Canaveral be liable for any increase in said billing rate except upon written notice thereof provided at least one hundred eighty (180) days prior to the effective date of said increase. -3- 680:ON �Z/+?L: lg 25:2L £0/OL/1i0 £021L£9LZ£ VOOO) A0 .11?) 3. Cape Canaveral shall furnish to Cocoa a list of all customers to be billed by Cocoa together with the billing rate applicable thereto, all as more particularly set forth in the schedule of rates attached hereto as Exhibit "B" and incorporated herein by this reference. In no event will Cocoa charge or assess any rate, fee, charge or penalty to any customer unless specifically set forth in Exhibit "B" attached hereto or any amendment thereto. Cape Canaveral agrees to provide to Cocoa written notice of any changes in said rates at least sixty (30) days prior to the effective date thereof. Cocoa shall remit the proceeds of the collections from the monthly service charges and arrears to the Cape Canaveral Finance Department at least monthly no later than the 15th day of each month following receipt of same. Unless otherwise notified to the contrary, Cocoa shall hold all sewer deposits collected by Cocoa or remitted to Cocoa by Cape Canaveral. Cocoa shall maintain a strict accounting of all deposits and the amount due each customer. On a monthly basis Cocoa shall provide to Cape Canaveral the following documents and information: 1. Billing Register 2. Revenue Report plus such additional information requested in writing by Cape Canaveral or its authorized representative. In the event of partial payments of bills by customers utilizing both Cocoa water and Cape Canaveral sanitary sewer facilities, all amounts received shall be applied first to delinquent billings and then to current charges in the following order: hydrant, service charges, water and sewer. -4- 680 = ON +72/ S L : [g 25:n £0/0 L/�o £02za9 LZ2 I 110003 �0 )ll I 3 4. Normal billing adjustments to customer accounts shall be made by Cocoa without prior Cape Canaveral approval in accordance with the "Adjustments - Classification and Use" section set forth in Exhibit "A". Authorization for new accounts, deletion of existing accounts and adjustments not involving normal billing adjustments set forth in Exhibit "A" shall be made by Cocoa solely upon written notification from Cape Canaveral or its designated representative. 5. Cocoa hereby agrees to disconnect or interrupt water to property subject of this Agreement for non-payment of Cape Canaveral sewerage charges and refuse to connect or reconnect water services until said delinquency has been eliminated. The disconnection of water service solely for non-payment of Cape Canaveral sewerage service charges shall be made by Cocoa without prior Cape Canaveral approval in consideration of Resolution No. 91-17. In the event of any conflict between the "Collections - Collection of Delinquent Bills", section of Exhibit "A" and Cape Canaveral Resolution No. 91-17, attached hereto as Exhibit "C", the provisions of Cape Canaveral Resolution No. 91-17 shall control. In the event any suit or cause of action is brought seeking to enjoin Cocoa from discontinuing or interrupting water service, or seeking to recover damages against Cocoa as a result of Cocoa's discontinuance or interruption of water services, where said interruption occurred solely to enforce payment of Cape Canaveral sanitary sewerage service charges, and Cocoa shall have complied with the terms of this Agreement, Cape Canaveral agrees to indemnify and hold Cocoa harmless for any and all expenses incurred in defending such suit and for any damages that are assessed against Cocoa in any such suit by a court of competent jurisdiction, provided that Cocoa shall promptly notify Cape Canaveral of such action and shall tender defense of such action to Cape Canaveral. -5- 680:0N 92/9L:(g ZS=ZL E0/OL/90 202LLi9l,u S V0303 �O )11I3 In no event will Cocoa be responsible for taking any action other than discontinuance of water service in order to enforce payment of Cape Canaveral sanitary scwerage charges. 6. The initial term of this Agreement shall be from the date of execution by both parties through September 30, 1995. This Agreement shall be automatically renewed for successive one (1) year periods commencing on October 1 of the applicable year and terminating on September 30 of the following year unless otherwise terminated by either party. This Agreement may be terminated by either party upon one hundred eighty (180) days notice to the other party. For the purpose of this section, notice shall be given to Cape Canaveral by mailing written notice to the City of Cape Canaveral, Attention: Finance Director, 105 Polk Avenue, Cape Canaveral, Florida 32920, and notice shall be given to Cocoa by mailing written notice to City of Cocoa, Attention: Utility Accounting Manager, 603 Brevard Avenue, Cocoa, Florida 32922. IN WITNESS WHEREOF, the parties hereto has hereunto set their hands and seals on the day and year first above written. Attest: Beth A. Dabrowski, CITY CLERK - Attest: leAA- Faith G. Miller, CIT CLERK CITY OF COCOA A., By: l��*�-�1 D Michael Hill, MAYOR DATED. a.2 / %1-f CITY OF CAP ANAP By: ohn K. Porter, MAYOR DATED: January 17, 1995 620.0N 9F/LL=[g 25:2L £01OL/470 02LL£92£ 10-1 V0909 A0 .11TH "EXHOIT A" ADJUSTMENT - CLASSIFICATION AND USE In general, the City does not reduce charges by adjustment unless the City is at fault either through it's equipment or employees/ Following is a description of adjustment made by the City: 1. Billing Correction. This type of adjustment reflects the correction of errors made by the City employees or the adjustment of charges due to the failure of City equipment. It includes but is not limited to the following: (A) Correction of under/over estimated bills. (B) Correction of under/over meter readings. (C) Adjustments due to failed meters - (D) Adjustments for duplicate billing or unbilled charge,, (E) Adjustments for delayed meter readings. We attempt to read a customer's meter at approximately the same date each month. Delayed readings may adversely affect a customer that normally runs at or below the minimum. (F) Adjustments due to leaks at the meter connection on the customer side of the meter. Normally the dividing line of responsibility is the meter with the customer being responsible for any water registered on the meter whether it is used or lost. Since the City has the right to read and maintain the meter it is possible that such activity could cause a leak on the customer's side at the meter connection. Repairs of this type are reported by job order by City crews and if possible the rate of the leak is recorded. Normally, this type of adjustment is limited to the month in which the leak is discovered. The adjustment is based on past actual average consumption. 2. Rubber Check. (When a bad check is returned an adjustment is made to redebit the customer's account in exactly the same manner as it was credited by the bad check. The check is returned to the customer.) (A) If the check was in payment of a single months bill and the customer is not delinquent he is advised that should the amount not be paid by the next bill it will appear as a previous balance on that bill. (B) If the check was in payment of a delinquent bill, the customer is advised that service will be terminated after 10 days if the amount is not paid. If the account is cut off for non-payment a $20.00 service charge will apply, or 5% of the face value of the check, whichever is greater. (C) If the check was in payment of a deposit, entries are keyed to zero out the deposit amount credited to the customer. The customer is advised that service will be terminated if the amount is not paid as indicated in Item (B). 620:ON 92/8L: (I ZS:ZL £0/OL/90 £02LL£91,H 0, tlO)O) 40 kITO 3. Tete Adjustments. This type of adjustment is used to write off or reduce charges where the City employees or City equipment was not at fault. Examples are: (A) When the customer has a leak at such a point that the lost water is not returned to the sewer system to be treated and the loss can be documented by a plumbers statement or visually by the City, an adjustment may be made for the sewer charges resulting from the lost water. No adjustment is made for the lost water. True adjustments will be made on Cocoa services only. (B) Where service is discontinued for non-payment of charges, the service charge may be adjusted if the customer can demonstrate by his check stub that he made payment in time to avoid the cutoff but the City failed to receive it. (C) Any City charge that the Customer Service Section is advised to adjust by our superiors that does not fall into one of the other classifications. 4. Bad Debts. This adjustment is used to write off uncollectible accounts or to redebit accounts which were previously adjusted off as a bad debt and were subsequently collected. (See Section on Collections - Final Bill Handling.) 5. Payment Adjustments. This adjustment should only be used to balance the accounts receivable payment updates with the bank deposit or a special deposit run with the deposit register. 6. Dummy Adjustments. This is a one-sided entry which is used to put the book in balance. (See section on Financial Control.) 7. Cash Transfer Adjustments. Advance payments and in some instances credit adjustments create overpayments. Cash transfer adjustments are used to move overpayments from one account to another or from one service to another service within the same account. 8. Other Adjustments. This classification is reserved to handle those requests for adjustments received from other private or governmental units for which we bill their services. Any request received from such units should be classified other. COLLECTIONS - Collection of Delinquent Bilis Bills are due upon presentation and failure to receive the bill will not avoid discontinuance of service. A bill with a previous balance of $15.00 or more is considered a delinquent bill. The delinquent bill states that service will be discontinued for nonpayment if the previous balance is not paid by the past due date and a reconnect service charge of is made for restoring service. „0.00 If the previous balance on a delinquent bill is not paid after five days from the mail date of the delinquent bill a separate final notice is mailed again advising the customer that service will be 680:ON +7Z/6 L : &J ZS : Z L 20/0 L1470 Mez)_�9 L22 v V0303' �0 �ii o discontinued if the previous balance is not paid by the past due date. Notices that are due to be mailed on holidays or weekends will be mailed on the previous work day. When justified the Customer Service representative is authorized to grant one (1) extension per year. All other extensions must carry the written approval of the Customer Service Manager or the Sr. Customer Service representative. All extensions will be in writing. Where we bill and collect for other private or governmental units those units may grant extensions involving their services by way of a written request. 680:ON �210Z: (g ZS:ZL 5:0/0L/,70 5mm:9LZE 0, d0)0J 40 1111 �x HI 61T g RESOLUTION NO. 92-18 A RESOLUTION 6STADL15HING A NEW SCHEDULE OF RATES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 2-89 provided for the adjustment of the Sewor Rates by Resolution, based on the Consumer Price indexl and WHEREAS, the Consumer Price Index for the previous year has changed and increased by 2.81; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of_Cape Canaveral, Brevard County, Florida, as follows SECTION 1. The Rate Schedule as set out in Resolution No. 91-20 Is hereby rescinded, and' the following_ rate schedule is establishod:. Customer --Classification HonthiX Charge_ Single Family Residential $,13.92 per unit Multi -Family, Group 1 (more than one bedroom per unit) First unit 13.92 per unit Additional units 10.20 per unit Multi -Family, Group 2 (one bedroom or•lesa per unit, Including motels, trailer parka and similar uses) First unit 13.92 per unit Additional units 9.56 per unit Townhouses 13.92 per unit Public Buildings 23.20 per unit Commercial Inaide City Limits 2751 of water bill Outside City Limits 3441 of water bill SECTION 2. This Resolution shall become effective commenc- ing with the June 5, 1992 billing, which covers May services. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 71st day of April , 1992, 1: M r 7L Ta- ATTESTc Approved as to form: City Attorney 680:0N 172/LZ: Cg ZS=ZL 20/0L/ti0 2o2aL 9L22 �, Resolution No. 92-18 Paye 1 of 1 V0)03 J0 AIT) EXHIBIT "B" Cocoa Collections - Policies and Procedures In general the City does not reduce charges by adjustment unless the City is at fault either through its equipment or employees. Following is a description of adjustments made by the City: Billing Corrections. This type of adjustment reflects the correction of errors made by the City employees or the adjustment of charges due to the failure of City equipment. It includes but is not limited to the following: (A) Correction of under/over estimated bills. (B) Correction of under/over meter readings. (C) Adjustments due to failed meters. (D) Adjustments for duplicate billing or unbilled charges. (E) Adjustments for delayed meter readings. We attempt to read a customer's meter at approximately the same date each month. Delayed readings may adversely affect a customer that normally runs at or below the minimum. If such a customer has 34 or more days in the billing period, the excess consumption over the minimum may be adjusted to the previous month or to the next billing period. (F) Adjustments due to leaks at the meter connection on the customer side of the meter. Normally the dividing line of responsibility is the meter with the customer being responsible for any water registered on the meter whether it is used or lost. Since the City has the right to read and maintain the meter it is possible that such activity could cause a lead on the customer's side at the meter connection. Repairs of this type are reported by job order by City crews and if possible the rate of the leak is recorded. Normally, this type of adjustment is limited to the month in which the lead is discovered. The adjustment is based on past actual average consumption. 2. Bad Check. When a bad check is returned an adjustment is made to redebit the customer's account in exactly the same manner as it was credited by the bad check. The check is returned to the customer with a demand for payment including any NSF service charge to be received within ten (10) days from the date of the letter or service may be discontinued. Exception: if the check was for an amount in excess of $200.00 and was used to reestablish service after a previous "cut-off', service will be discontinued the next day. 3. True Adjustments. This type of adjustment is used to write off or reduce charges where the City employees or City equipment was not in fault. Examples are: (A) When the customer has a leak at such a point that the lost water is not returned to the sewer system to be treated and the loss can be documented by a plumber statement or visually by the City, an adjustment may be made for the sewer charges resulting from the lost water. True adjustments will be made on Cocoa services only. (B) Where service is discontinued for nonpayment of charges the service charge may be adjusted if the customer can demonstrate by his check stub that he made payment in time to avoid the cutoff but the City failed to receive it. (C) Any City charge that the Customer Service Section is advised to adjust by our superiors that does not fall into one of the other classifications. 4. Bad Debts. This adjustment is used to write off uncollectible accounts or to redebit accounts which were previously adjusted off as a bad debt and were subsequently collected. (See section on Collections - Final Bill Handling.) 5. Payment Adjustments. This adjustment should only be used to balance the accounts receivable payment updates with the bank deposit or a special deposit run with the deposit register. 6. Dummy Adjustments. This is a one-sided entry which is used to put the book in balance. (See section on Financial Control.) 7. Cash Transfer Adjustments. Advance payments and in some instances credit adjustments create overpayments. Cash transfer adjustments are used to move overpayments from one account to another or from one service to another service within the same account. 8. Other Adoustments. This classification is received to handle those requests for adjustments received from other private or governmental units for which we bill their services. Any request received from such units should be classified other. 9. Collections. Collection of Delinquent Bills. Bills are due twenty (20) days after the billing date. Failure to receive the bill will not avoid the necessity of payment or discontinuance of service for failure to pay. If the previous balance is $15.00 or more, the bill will be considered delinquent. Delinquent notices will be sent to all customers with outstanding balances not paid within forty (40) days of the date of the original bill. Delinquent notices carry a past due date that is five (5) days from the billing date of the delinquent bill. If the previous balance on a delinquent statement is not paid by the past due date, service will be discontinued. Once service has been discontinued for non-payment, the full amount outstanding (current charges plus previous charges plus a late payment charge) must be paid before service will be restored. A delinquent disconnect charge will be included on the next bill. Certain exceptions to the above rules and payment plans are available on a case-by- case basis. (A) Customers that have paid "on time" (have not had a delinquent bill) for seven of the past months; and (B) Customers that have a total bill of less than 50% of their deposit. (C) Customers in (A) and (B) will not be cut off for nonpayment on that month's delinquent billing. Instead, such customers will be omitted from that month's cut off list. They will appear on the following month's cut off list and they will be turned off at that time if the previous balance is not paid. (D) The special treatment given to customers in (A) and (B) will not operate consecutively. Customers that have been omitted from the cut off list one month and have still not paid by the next month will be cut off regardless of their previous payment record or of the amount owed in relation to the deposit. When justified the Customer Service representative is authorized to grant extensions of up to ten (10) days beyond the past due date. Extension beyond ten (10) days must carry the written approval of the Customer Service Manager or the Sr. Customer Service Representative. All extensions will be in writing. Where we bill and collect for other private or governmental units those units may grant extensions involving their services by way of a written request. EXHIBIT "C" [Current Rate Schedule to be obtained from the City of Cape Canaveral] W Meeting Type: Regular Meeting Date 02-17-04 AGENDA Heading Considerations Item 7 No. have to be appropriated from the General Fund contingency. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AMENDMENT TO THE POLICE SERVICE CONTRACT DEPT./DIVISION: SHERIFF'S DEPARTMENT Requested Action: City Council consider an amendment to the Police Service Contract in the amount of $21,681 for the replacement of (9) laptop computers, as requested by Interim Commander Gary Young. Summary Explanation & Background: The Sheriff budgeted for (4) replacements. This request will permit all our deputies to be upgraded to the new system. See the attached justification from Ray Dills of the Sheriff's Information Systems Department. Funds will have to be appropriated from the General Fund contingency. I support this request. Exhibits Attached: Sheriff's correspondence City Man ffice Department SHERIFF'S DEPARTMENT Member Florida Sheriffs Association National Sheriffs Association North Precinct 700 Park Avenue Titusville, FL 32780 (321) 264-5353 Fax (321) 264-5359 East Precinct 2575 N. Courtenay Pkwy. Merritt Island, FL 32953 (321) 455-1485 Fax (321) 455-1488 Canaveral Precinct 111 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1113 Fax (321) 784-8340 West Precinct 2725 Judge Fran Jamieson Way, Bldg. E Viera, FL 32940 (321) 633-2123 Fax (321) 633-1965 South Precinct 50 S. Nieman Avenue Melbourne, FL 32901 (321) 952-4641 Fax (321) 952-4635 Brevard County Detention Center P.O. Box 800 860 Camp Road Sharpes, FL 32959 (321) 690-1500 Fax (321) 635-7800 An Internationally Accredited Law Enforcement Agency Sheriff Philip B. Williams BREVARD COUNTY SHERIFF'S OFFICE 700 Park Avenue • Titusville, Florida 32780-4095 • (321) 264-5201 • Fax (321) 264-5360 January 13, 2004 City of Cape Canaveral City Manager, Mr. Bennett Boucher 105 Polk Avenue Post Office Box 326 Cape Canaveral, Florida 32920 Reference: Gateway Laptops Dear Mr. Boucher: Information Systems Specialist Ray MIS has forwarded an informational letter for your review, and the review of City Council Members with regard to the purchase of nine (9) Gateway laptops. His letter does not include current annual costs of maintaining the existing Litton laptops. The fees are as follows: Microsoft License $ 235.00 ea. Maintenance $ 340.00 ea. Total cost to maintain (9) Litton MDT's $ 5,175.00 Current cost for the new Gateway 450E $ 1,575.00 Software & accessories 834.00 Total $ 2,409.00 ea. The following comparisons are submitted per your request: ■ The Litton laptops were purchased in April 1999. ■ The Litton processor speed is 233 MHz as compared to the Gateway 450E at 1.4 GHz. ■ The Litton laptops operate in Windows 98se, while the Gateway 4503 operates in Windows 2000. • The video memory is equally as important for the mapping program. The Litton has 16MB video memory, while the Gateway has 32MB. ■ The Litton laptops do not have USB connections or floppy drives, which limit the user's capabilities. The Gateway laptops have two LISB connections as well as a floppy drive. I would like to ask that this request be included on the upcoming City Council Meeting Agenda. Sincerely, Philip B. Williams Brevard County Sheriff Interim¢ frary Yo ng Brevard my Sheri ' e c: Denise Postlethweight, Finance Member Florida Sheriffs Association National Sheriffs Association North Precinct 700 Park Avenue Titusville, FL 32780 (321) 264-5353 Fax (321) 264-5359 East Precinct 2575 N. Courtenay Pkwy. Merritt Island, FL 32953 (321) 455-1485 Fax (321) 455-1488 Canaveral Precinct 111 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1113 Fax (321) 784-8340 West Precinct 2725 Judge Fran Jamieson Way, Bldg. E Viera, FL 32940 (3 21) 633-2123 Fax (321) 633-1965 South Precinct 50 S. Nieman Avenue Melbourne, FL 32901 (321) 952-4641 Fax (321) 952-4635 Brevard County Detention Center P.O. Box 800 860 Camp Road Sharpes, FL 32959 (321) 690-1500 Fax (321) 635-7800 ���'RF:UIT,C1lr An Internationally Accredited Law Enforcement Agency Sheriff Philip B. Williams BREVARD COUNTY SHERIFF'S OFFICE 700 Park Avenue - Titusville, Florida 32780-4095 - (321) 264-5201 - Fax (321) 264-5360 December 17, 2003 City of Cape Canaveral City Manager, Mr. Bennett Boucher 105 Polk Avenue Post Office Box 326 Cape Canaveral, Florida 32920 Reference: Gateway 450E Laptops Dear Mr. Boucher: During the past year, in accordance with our five-year capital replacement budget, the Information Systems division of the Brevard County Sheriffs Office has replaced our aging fleet of Litton laptop computers with Gateway 450E laptops. Given the increased processing power of the newer laptops, additional services have been added to the new laptops in order to increase Deputy safety and efficiency. A new report generation system has been deployed to reduce the paperwork and redundant data replication across the different forms and affidavits that are a part of their everyday responsibilities. Additionally this new system allows for a greater efficiency on case report generation, decreasing the time necessary to complete an incident form and returning the Deputies to their patrol responsibilities in a timely fashion. Automatic Vehicle Location software is being deployed in order to be able to identify the location of active Deputies. This new system will increase Deputy safety and allow for better patterning of Deputy patrols within a given area. I would encourage the City of Cape Canaveral to consider purchasing the Gateway 450E, replacing the balance of Litton Laptops still in use by the Sheriffs Deputies in your City. New services and programs being deployed throughout the County will not run on the Litton laptop computers and since the warranty and extended warranty periods have expired, repair costs to these units will continue to escalate. Sincerely, Philip B. Williams Brevard County Sheriff Ray Dills, Information Systems Brevard County Sheriff's Office " Gateway- A;better way. ~ L Account Executive: Brad Danke Company Name: Brevard County Sherifrs`— Phone: 800-846-2042 x25944 Attention: JULIE MCDONOUGH Fax: 605-232-2715 Address: E -Mail: brad.danke@gateway.com Phone: Contract Number: Florida #250-000-03-1 Fax: E -Mail: julie.mcdonough@brevardsheriffsoffice.org GW Quote #: 0106556.01 -SP Quote Date: 01/06/0410:14 CST Gateway 450E System Quote Operating System: Microsoft® Windows® 2000 Professional Application Software: Not Selected AntiVirus Software: Norton Antivirus Software 90 day Introductory Offer Processor: Intel® Pentium® M processor 1.4GHz Memory: 256MB DDR SDRAM Hard Drive: 30G13 ultra ATA hard drive Floppy Drive: Modular 3.5" diskette drive Optical Drive: Modular 10X min./24X max. CD-ROM drive Expansion Slots: Two Type II or One Type III PC Card Slots External Ports: (2) USB 2.0, IEEE 1394 (FireWire), VGA, Parallel, Serial, and PS/2 Screen: 15" SXGA+ TFT active matrix Video: ATI Mobility Radeon 7500 w/ 32MB DDR video memory Keyboard and Mouse: Full -Sized Keyboard and FZ Pad® Pointing Device Multimedia Package: Integrated sound and stereo speakers, headphone/speaker jack, line -in and mic jacks Speakers: External speakers not selected Battery: High-capacity lithium ion battery with AC pack and 1 yr. limited battery warranty Modem: Integrated V.92 56K modem Network Adapter: Integrated IntelS 10/100/1000 Ethernet (Gigabit) adapter Internet Service Provider: Six months America Online® Internet access Wireless Networking Adapter: Integrated 802.11g wireless networking card Extended Service Plans: Value Plus Service Plan-4Yr Part/Labor/Onsite/Lifetime Technical Support Accidental Damage Protection: Four years accidental damage protection Carrying Case: Not Selected Configured Price: US $1,575.00 System Quantity: 3 Total Price: US $4,725.00 Comments: Option to upgrade the warranty and accidental damage add $50.00 to system price Meeting Type: Regular Meeting Date 02-17-04 AGENDA Heading Considerations Item 8 No. Section (4) outlines the City's obligations under this agreement. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CODE ENFORCEMENT LIEN SETTLEMENT AGREEMENT DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: aa� �nln �auq _y u�yanucxr�� City Council consider approval of the Code Enforcement Settlement Agreement with "Patel" for Code Enforcement Case No. 2002 -DRS -00192, found in violation of Section 34-97 for failure to maintain the parking area of said property. Summary Explanation & Background: See conditions "Patel" is responsible for in Section (3) of agreement. Section (4) outlines the City's obligations under this agreement. The Building Official and Public Works Director worked on the terms and conditions and recommend approval of this settlement agreement. Exhibits Attached: Agreement and Exhibits City M e Office Department BUILDING DEPARTMENT/PUBLIC SAFETY i" \a L111 \cuu11c11 \1LLeCl1II9 \GUUY \UL -1 /-U9 \paTe1. aoc This instrument prepared by and should be returned to: Anthony A. Garganese, Esq. City Attorney of Cape Canaveral Brown, Salzman, Weiss, & Garganese, P.A. P. O. Box 2873 Orlando, FL 32802-2873 (407)425-9566 CODE ENFORCEMENT LIEN SETTLEMENT AGREEMENT THIS CODE ENFORCEMENT LIEN SETTLEMENT AGREEMENT ("Agreement"), is made and entered into this day of February, 2004, by and between THE CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and YOGESHKUMAR S. PATEL, an individual, and YOGI'S FOOD AND DISCOUNT BEVERAGE, INC., a Florida corporation, whose address is 6850 N. Atlantic, Cape Canaveral, Florida 32920 (joint and severally "Patel"). WHEREAS, Patel is the owner of real property located at 6850 N. Atlantic Avenue in Cape Canaveral, Florida, and legally described on attached Exhibit "1," which is fully incorporated herein by this reference ("Property"); and WHEREAS, on October 18, 2002, the City of Cape Canaveral Code Enforcement Board, in Case Number 2002 -DRS -00192, found Patel in violation of Section 34-97 of the City of Cape Canaveral Code for failure to maintain the parking area of the Property; and WHEREAS, the Code Enforcement Board entered an order levying a fine for the violation which was subsequently recorded by the City in the public records of Brevard County, Official Records Book 4809, Page 634, as a lien against the Property. A copy of said lien and order is attached hereto as Exhibit "2" and fully incorporated herein by this reference ("Lien"); and WHEREAS, pursuant to City Code, Section 2-260, Patel has filed an application for satisfaction and release of the Code Enforcement Lien. A copy of said application is attached as Exhibit "3" and fully incorporated herein by this reference ("Application"); and WHEREAS, pursuant to City Code, Section 2-260, and Chapter 162, Florida Statutes, the City Council is authorized to release and satisfy the Lien under terms and conditions approved by the City Council; and WHEREAS, the City Council desires to approve Patel's Application, and release and satisfy the Lien, under the terms and conditions voluntarily agreed to by Patel under this Agreement. Code Enforcement Lien Settlement Agreement City of Cape Canaveral - Yogeshkumar S. Patel and Yogi's Food and Discount Beverage, Inc. 1 of 7 NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party, the parties agree as follows: 1.0 Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference. 2.0 Satisfaction of Lien. The City Council hereby agrees to record in the Brevard County Public Records a Satisfaction of Code Enforcement Lien releasing the Lien. Said Satisfaction shall be filed at such time as the easement required by Section 3.0 is fully executed by Patel and all other requisite parties, if any, and duly recorded in the Brevard County Public Records. 3.0 Consideration from Patel to City. In consideration of the City's recording a satisfaction of the Lien as required by Section 2.0 of this Agreement, Patel agrees to perform the following: 3.1 Patel agrees to maintain, at all times, the parking area on the Property in compliance with the City Code. Should Patel fail to maintain the parking area, the City shall have any and all rights provided by law to compel said maintenance including, but not limited to, seeking specific performance and injunctive relief to enforce the terms of this Agreement. 3.2 Patel shall grant the City a perpetual public easement on the Property at the location legally described on attached Exhibit 114," which is hereby fully incorporated herein by this reference ("Easement Property"). The public easement shall be in a form acceptable to the City and shall be free and clear of all encumbrances. Patel agrees to obtain the signature of any party required by the City to execute a joinder including any mortgage company. The purpose of the easement shall be to allow the City to design, install, construct, and maintain a "Welcome to the City of Cape Canaveral" sign on the southwest corner of Lot 9 of the Property. The content, type, size, color and materials of the sign shall be determined at the City's sole discretion. Further, within the Easement Property the City shall be allowed to design, install, construct and maintain a public sidewalk, landscaping, lighting, and public utilities. The City shall have the right to saw -cut and remove existing asphalt within the Easement Property as necessary. Also, within the Easement Property located along the western boundary of Lots 1 and 9, the City shall establish two (2) thirty-five foot (35') access points which will be striped to twenty-four feet (24') conditioned on the City's obtaining permits from the Florida Department of Transportation. 3.3 Patel hereby grants the City a temporary construction license on the Property to saw -cut and remove existing asphalt located along the northern boundary Code Enforcement Lien Settlement Agreement City of Cape Canaveral - Yogeshkumar S. Patel and Yogi's Food and Discount Beverage, Inc. 2 of 7 of the Property. The term of the license shall commence at such time as the City begins construction and installation of a public sidewalk located within the right-of-way adjacent to the northern boundary of the Property. The term of the license shall end when said construction is completed by the City. 3.4 Patel agrees to perform the obligations assigned to Patel which are set forth in Section 4.0 of this Agreement. 3.5 Patel does hereby for himself and itself, its shareholders, heirs, executors, administrators, successors, subrogees, privies and assigns, release, hold harmless, discharge and acquit the City and its Council members, board members, officers, managers, attorneys and employees, both past and present, of and from any and all claims, actions, causes of action, damages, demands, attorneys fees, claims for punitive and civil rights damages, costs, interests, liens, expenses and any compensation whatsoever which Patel and its shareholders, heirs, executors, administrators, successors, subrogees, privies, and assigns now have or which may hereafter accrue on account of or in any way growing out of the Lien and the City of Cape Canaveral's Code Enforcement Case Number 2002 -DRS -00192. 4.0 Additional Consideration from City to Patel. In consideration of Patel's agreeing to the terms and conditions of this Agreement, the City agrees to perform the following: 4.1 The City shall relocate Patel's existing ground sign located in the southwest corner of the Property. The sign will be relocated between Lots 1 and 9 in a place conforming in all respects to the City Code. Further, there will be six (6) feet of clearance between the power pole and the westerly most panel of the relocated sign. Additionally, the City will pay the cost of relocating the sign up to Three Thousand and No/100 Dollars ($3,000.00). Any relocation costs, in excess of Three Thousand and No/100 Dollars ($3,000.00), shall be paid by Patel. 4.2 The City agrees to satisfy the Lien as required by Section 2.0 of this Agreement. 4.3 The City agrees to perform the obligations assigned to the City which are set forth in Section 3.0 of this Agreement. 5.0 Interpretation. This Agreement has been fully negotiated in an arm's length transaction and it shall not be construed against any party. No party has been coerced in any manner to execute this Agreement and each party has had the opportunity to employ legal counsel and seek the advice from such counsel with respect to this Agreement, its obligations, terms and implications. Code Enforcement Lien Settlement Agreement City of Cape Canaveral - Yogeshkumar S. Patel and Yogi's Food and Discount Beverage, Inc. 3 of 7 6.0 Severability. If any provision of this Agreement is declared or deemed invalid, unenforceable or unlawful by any tribunal or court of competent jurisdiction, such provision shall be deemed automatically modified to conform to the requirements for validity as declared at the time, and as so modified, shall be deemed a provision of this Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted and withdrawn from this Agreement as though the provision had never been included herein. In either event, the remaining provisions of this Agreement shall remain in full force and effect. 7.0 Entire Agreement. This Agreement supercedes all prior agreements by and between the parties only with respect to the Lien against Patel and the City of Cape Canaveral's Code Enforcement Case Number 2002 -DRS -00192 which is settled under this Agreement. This Agreement constitutes the entire agreement and understanding between the parties regarding said claims and oral communications and understandings regarding the Lien against Patel and the City of Cape Canaveral's Code Enforcement Case Number 2002 -DRS -00192 and said claims, communications, and understandings are hereby deemed void and merged into this Agreement. This Agreement is not effective until executed by all parties to this Agreement. 8.0 Modifications. This Agreement may only be modified, altered or amended, in whole or in part, by a written instrument setting forth such changes and signed by all parties hereto and, where applicable, their respective counsel. 9.0 Jurisdiction, Venue. This Agreement shall be construed and enforced pursuant to the laws of the State of Florida. Exclusive venue for any dispute arising regarding this Agreement or any alleged breach thereof shall be in a court of competent jurisdiction in Brevard County, Florida. 10.0 Time of the Essence. It is agreed that time is of the essence in the performance of this Agreement. 11.0 Sovereign Immunity. Nothing herein is intended to waive the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other applicable law. 12.0 Counterparts. This Agreement may be signed in counterparts and each counterpart shall be deemed to be an original. Each of the parties has read the foregoing Agreement and fully understands it and agrees that all doubts and ambiguities in connection with this Agreement shall be construed as if the parties jointly drafted the Agreement. 13.0 Attorneys Fees. The parties agree to bear their own attorney's fees, costs and expenses in preparing this Agreement and resulting or incurred in connection with their claims or defenses and alleged injuries, damages or losses resulting or to result from the Lien against Patel and the City of Cape Canaveral's Code Enforcement Case Number 2002 -DRS -00192. Code Enforcement Lien Settlement Agreement City of Cape Canaveral - Yogeshkumar S. Patel and Yogi's Food and Discount Beverage, Inc. 4 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: SUSAN STILLS, City Clerk WITNESSES: Print Name: Print Name: Print Name: Print Name: STATE OF FLORIDA COUNTY OF CITY OF CAPE CANAVERAL, a Florida municipal corporation, ROCKY RANDELS, Mayor YOGESHKUMAR S. PATEL YOGI'S FOOD AND DISCOUNT BEVERAGE, INC. Its: YOGESHKUMAR S. PATEL I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Yogeshkumar S. Patel ❑ to me known personally or ❑ who produced as identification, to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of , 2004. (Notary Seal) NOTARY PUBLIC My Commission Expires: Code Enforcement Lien Settlement Agreement City of Cape Canaveral - Yogeshkumar S. Patel and Yogi's Food and Discount Beverage, Inc. 5 of 7 STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Yogeshkumar S. Patel, of Yogi's Food and Discount Beverage, Inc. ❑ to me known personally or ❑ who produced as identification, to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of , 2004. (Notary Seal) NOTARY PUBLIC My Commission Expires: Code Enforcement Lien Settlement Agreement City of Cape Canaveral - Yogeshkumar S. Patel and Yogi's Food and Discount Beverage, Inc. 6 of 7 EXHIBIT LIST Exhibit "1" Legal Description Exhibit 'T' Code Enforcement Board Order Exhibit "Y' Application for Satisfaction and Release of Lien Exhibit "4" Legal Description and Depiction of Easement Property Code Enforcement Lien Settlement Agreement City of Cape Canaveral - Yogeshkumar S. Patel and Yogi's Food and Discount Beverage, Inc. 7 of 7 LEGAL DESCRIPTION : LOTS 1, 2. 3, 9, AVON -BY -THE -SEA AS PAGE 7 OF THE PUBLIC FLORIDA. LYING WEST 10. 11 & 12. RECORDED IN RECORDS OF OF NEWFOUND EXHIBIT "1" BLOCK 73. PLAT BOOK 3, BREVARD COUNTY, HARBOR DRIVE. �a- I 1 II{ II �II�,�fINI I IIIIIIIN(fillllllll III illlllllil �I III a'CFN:2003031854 02-04-2003 11:27 am OR Book/Page: 4809 / 0634 ACE Aly � Cityof Cape Canaveral Scott Ellis Clerk Of Courts, Brevard County #Pgs: 1 #Names:2 Trust: 1.00 Rec: 5.00 Serv:0.00 0.00 excise: 0.00 y,x.• _ " Mtg: 0.00 nt Tax: 0.00 u?"x" CITY OF r1'T;P CAPE CANAYERAL GODS ENFORCEMENT BOARD (PUBLIC HEARING) - FINDINGS OF FACT �r CONCLUSION OF LAW - ORDER i Code E nforcement Case No. 2002-DRS-001 OF ORDINANCES. THE CAPE CANAVERAL CITY CODE ode Enforcement Board Hearing held on the RE: VIOLATION OF at the t Board has heard testiP odence the Code Enforcement Board enters °Lhe following The Code Enforcem 2002 and based on the _v 17th day of October, CONCLUSION OF LAVV AND ORDER. FINDINGS OF FACT, areas remains in violation. Sec. 34-97 Responsibilities for Maintenance of Parking FINDINGS OF FACT. Responsibilities for Maintenance of S� NOF LAW: Yogi Patel is ode off tOrdiion �anceSf Sec. 34-97 CO king areas O e Canaveral C Code of Ordinances Parking areas of the Cap 34-97 Responsibilities for I shall comply with the aforementioned c Sections °f the Y That Yogi Pate taking the fallowing ORDER-. er 21 2002 5:00 PM by permit for a paving on or before October 21.2002 5'.00 PM an on or before Octob areas, Obtain a pe Maintenance of Parkibng November 21, 2002. Morris Reid, a City Offic`al for an complete the paving Y ect the property and notify the Board of f repairs, Yogi Patel shah immediately llnsp notify ober 21, 2002 5 PM and Upon con-Pletion ,r p liance Morris R paving by Oct on failure to obtain a permit for inspection to determine comp 2002 ht into complianCe. which of shall compliance. However, up miler 21, there shall be a fine of $100 for the first day comp b Move until the property is brought completing the paving Y per day thereafter, this order. non-compliance and $100fees P cit staff in enforcing compliance, either party may request a further hearing before the include all costs and fees incurred by Y Should a dispute arise concerning compll Board. Cape Canaveral, Brevard County, Florida. DONE AND ORDERED thisOF 1OI18I2002 at Cap CODE ENFORCEMENT BOAR ORIDAE CITY OF CAPE CANAVERAL,\ BY: I G r Rat ff oin Order Imposing Penalty has been Ch 'r rsen Jeffrey of the above and foregoing e Canaveral, true and correct copy ondent and/or Respondent's certifythat a • e Inc. 6850 N. Atlantic Avenue Cap I hereby , Morns,Reld� Code Enforcement Official to the resp hand delivered by i s Food & Discount Beverage authorized counsel' eit - ' EXHIBIT " 2" FL. 32920 on this 10/18/2002 . BY.dEnforcement Official Morris Reid, Coe x 326 • Cape Canaveral, FL 32920-0326 105 Polk Avenue • Post Office 170 • www.fcn.state.fl.us/cape Telephone (321) 868-1220 • FAX (321) 799-3 P-mail: ccapecanaverai@cfl.rr.com CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN r� �v�y2 CODE ENFORCEMENT CASE #: LSJUG Fks APPLICATION FEE: $ APPLICANT. _ � 1 Cl DATE: ADDRESS: 6<8 D6 CITY: G��' C�'� Q`yr�'�' f STATE: FL ZIP:�� NATURE OF VIOLATION(S): ADDRESS OF SUBJECT PROPERTY: DATE FINE/LIEN IMPOSED: �6 r d� AMOUNT: AY OR TOTAL COMPLIANCE DATE: RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES$ C AS THE AMOUNT OF THE, REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages)"`�� SCJ V1 r 1� X41' i�1 fS.ff b1I'1d`-'1 TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) CGS l j �� ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed ad r LJ Gf a additional pages) 1q cC _ 1 I 1 l � � � -) � rvt-e__ Date: -71 1 (�- f c�) Annlirnnt'c Qionntim- d 4 1 FOR STAFF USE ONLY APPLICATION FEE: $ RECEIVED BY CITY ON %� 15 I 3 COMPLIANCE CONFIRMED BY BUILDING DEPARTMENT ON CODE ENFORCEMENT REVIEW ON '-1 I i`l 1 b3 CODE ENFORCEMENT RECOMMENDATION ATTACHED: V YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE IJy! y a,%C 11 1, ; CO n O a w=U�-oo Nw 3�QWwwoi?3'� of z� 4i ow O wU W� ZOO t� oo wwihwz� ►- ��oc0 3iow oZ=&i a�ac�i0 0 ww z mwmco> yw�aNuoi3=m~�3 Q=o�N000�0a Z^a��d wic ~ xZ3oo�wzNoa���zQZ�oLo30� tin a z w zd Zo Lw VOO-LUovaiw �i EnWF V) \z w0. 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F -N¢ W O}C9�HOON�¢"Q O W��Qa,WZOZi' Z Of 0 OJ J W z 'r Z WQQ Q N p O z O N$ O N W O NOOwm OYNO]C9 >W z W W W W Z— W 4. F-- ¢ z m ~- co F- F- Fx- O N.- NM d' N tp H y S a3! Ad � 9 � Y j a gfiSMgel mls IAN 41 ao� w g u g snnoossv v Dais a 0. Meeting Type: Regular Meeting Date 02-17-04 AGENDA Heading Ordinances -I' Reading Item 9 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2004, AMENDING CHAPTER 82, RELATING TO THE PERMITTING, INSTALLATION AND LOCATION OF TEMPORARY STORAGE UNITS DEPT./DIVISION: GROWTH MANAGEMENT/PLANNING & ZONING BOARD Requested Action: City Council consider at first reading Ordinance No. 01-2004, amending Chapter 82, relating to the permitting, installation and location of temporary storage units, as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached ordinance and city attorney's correspondence. I recommend approval at first reading. Exhibits Attached: Ordinance No. 01-2004; City Attorney's memo City Mana I ffice Department GROWTH MGMT/PLANNING &ZONING BOARD r e kim\m ocume dmin\cou ' \meeting\2004\02-17-04\01-2004.doc ORDINANCE NO. 01-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE PERMITTING, INSTALLATION AND LOCATION OF TEMPORARY STORAGE UNITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the Florida Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council finds that the use of temporary storage units by residents and businesses of the City have dramatically increased in the past few years; and WHEREAS, this increase in use of temporary storage units has posed new aesthetic and safety concerns for the community which should be legislatively addressed by the City Council; and WHEREAS, the City Council of Cape Canaveral recognizes the need to protect property values by restricting the installation of temporary storage units; and WHEREAS, the City Council hereby recognizes and finds that prohibiting the installation of temporary storage units, except on a temporary basis for limited purposes, furthers the aesthetic and historical character of the community, especially residential neighborhoods and furthers the safety and security of property and life during serious weather situations; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 01-2004 Page 1 of 4 Section 2. Code Amendment. Chapter 82, Buildings and Building Regulations, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strrikeon type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 82. It is intended that the text in Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS ARTICLE XVI. TEMPORARY STORAGE UNITS Sec. 82-400. Temporary storage units. (a) Definition. For purposes of this section, "temporary storage unit" shall mean a structure designed and used primarily for storage of building materials, personal or commercial goods and belongings, and other such material; and that is not intended for permanent installation. Permit Required. A supplier of a temporary storage unit shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage unit within the City of Cape Canaveral. The permit shall be limited to a specific address and shall allow the installation at such address pursuant to the requirements of this Section and 4plicable provisions of the City Code including, but not limited to, zoning provisions. A permit fee shall be required by resolution of the city council and collected by the ci!y. The permit shall contain the dates and times of issuance, installation and removal, the name of the person to whom the temporary storage unit is supplied, and the address at which the temporary storage unit will be installed. (c) Residential Property. Temporary storage units are permitted on property zoned or used for residential purposes under the following criteria: A maximum of one (1) temporary storage unit is allowed per lot. The maximum size of the temporar} storage unit is ten (10) feet wide, twenty-four (24) feet long, and nine (9) feet high. The maximum time for the temporary storage unit to remain on the lot shall be thirty (30) consecutive days with a maximum of two (2) placements per year. City of Cape Canaveral Ordinance No. 01-2004 Page 2 of 4 Commercial and Industrial Property. Temporary storage units are permitted on property zoned or used for commercial or industrial purposes under the following criteria: M A maximum of one (1) temporary storage unit is allowed per half acre, not to exceed three (3) temporary storage units per lot. The maximum time for the temporar} storage unit to remain on the lot shall be thirty (30) consecutive days with a maximum of two (2) placements per yLar. The temporar storage torage units shall not be stacked on top of one another. (e) Exceptions. The regulations set forth in Subsections (c), (d)(1) and (d)(2) shall not apply to temporary storage units that are: LD Installed for construction purposes and in conjunction with a valid and unexpired building permit, in accordance with Section 553.73(8), Florida Statutes; or Authorized by resolution of the City Council and installed during any period declared an emergency within the City of Cape Canaveral by any governmental authority. (f) Weather Emergengy Removal. In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier and property owner to remove the temporary storage u�yprovidin the he supplier at least twenty (24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage unit shall be immediately removed b t�pplier and property owner after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporM storage unit if the supplier and property owner do not remove the temporary storage unit as required by this subsection. The supplier and property owner, jointly and severally, shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs. W Permit Extensions. For good cause shown by the owner of the property at which the temporary storage unit will be supplied, the time periods set forth in subparagraphs (c) and (d) may be extended by the city manager; provided an extension granted by the city manager shall not extend more than thirty (30) consecutive days. Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and propert doge. City of Cape Canaveral Ordinance No. 01-2004 Page 3 of 4 Liability. Notwithstanding any provision to the contrary, the supplier and property owner shall be jointly and severally liable for any violation under this Section 82-400. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2004. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 01-2004 Page 4 of 4 Sent By: BRCWVN,SALZMAAN,WEISS&BAROANESE; 407 425 9596; Feb -11-04 5:33PM; Page 1/4 Brown, Salzman, YVeiss & Garganese, P.A. 'live) Landmark Ccnler 225 East Robinson Street, Sucre 660 Pnst Office Hax 2873 orlundo. floridu 32802-2873 (407) 425-9566 (4177) 415-9596 fax e-mail addrers frrm(u)urlunduluty• net Dame.- 11'ehrumy 11, 2004 To: Bennett Boucher Fax: 321-868-1224 From: Jeffrey P. Buak Pages (including this one): 4 File: Cape - General Subject: Temporary Outdoor Storage Ordinance - PODS Ij`there are any questions regarding this fax, please call 407/425-9566. 'Ihrt fae.vo wile message t.t aamwey a ient privileged material and tic, accordingly, conJtdentiul. Thit message is intended onh•,/or the irtdividr al ar unlit, nutnedabuva If the m viver (dthb akstago is not floe intanded recipient, pleaat M! advised char on.). sac}rnullvn, distribution, ur• copying n(thi.t rnttumunienrinn ic.ttriuly prnbihitnd. ijym have receritrd Ihiv communication in error, please nnlifi, u.t by telaplumv. imnw.diattlyanal return the original nwxta a to either above address via Ilk G.J. dlmt. lhankyoa. COMMENTS: Liennett, attached is information received by the PODS company at last nights Cocoa Council Meeting. Please attach to the agenda far Cape Council review. This information confirms the danger, these storage containers pose, especially on a .harrier island such as Cape Canaveral. If you have any questions, please call. Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Feb -11-04 5:33PM; Page 2/4 �wVfos En [IZEr tlZC 3"E✓ Clea Engtwerin0 0) Do%Qlm Averxw . sulto C • Du V,*,, FL 34690 1arri limning April 18, ZOa44 Oo (727) 7&5.aFAX (727) 736-2953 Recycrnp syslerns E•Moil: 0C'Ykxrng*0ol.com Ithonol PIC)nli Process Engkteoriny Mr. Roy Courtney PODS 606145- St. North St. Petersburg, FL 33714 Re. Wind Load Calculations Dear Roy: In accordance with your request we have evaluated both the 12 foot and the 16 foot PODS to determine wind velocities that can be withstood prior to overturning. We have evaluated these both empty and lull. Our findings are as follows! The 12 toot POD will withstand approximately 79 to 80 mile per hour winds empty. This is based upon an empty weight of 2,106 pounds and the dimension that you have provided. This same POD with the addition of 2,260 pounds will withstand 110 mile per hour winds. 2. The 16 foot POD win withstand approximately 75 mile per hour winds based on 2,500 pounds empty weight. This same POD with the addition of 3,312 pounds will withstand 110 mile per hour winds prior to overturn. —... Obuiousiy SQV49fal-fae4ors-ptey-rnt"he development�of-wir d-laad calcuhrtio rld-what can re" happen. Specifically, it is assumed that the PODS are sitting fiat on the ground other than the 4 x 4 posts. It also assumes a uniform load of dead weight in the box Please advise if you need anything further in this regard. Sincerely. r MJGlag MICHAEL J. GAYLOR, P.E. E ncl. P vtscl�ncvwaV.�kM�eeM'.ovnrwtr WigUiw! A� 4 tA-OO,wpO Sent By: BROWN,SALZMAN,WEISS&OAROANESE; 407 425 9596; a yLo . En yinEEain y C" rnotneartnp Land Plorx RecvcNn9 Systema Elhonol plpnl% Ptocess Ervk*4 i3O PODS, INC. 606145* St N. Saint Petersburg, FL 33714 Attn: Mr. Roy Courtney Feb -11-04 5:33PM; Page 3/4 AM Oouoke Avenue • SuRe C • Ounedh FL 3M98 (727) 7W8t;44 FAX (727) 73&2953 May 16, 2000 E -MCA' Q"kx-g0 w.can RE: Stress evaluation of 16' Ind 12' POOLS storage containers The following Is a report of our findings of the stress analysis of IV and 12' PODS storage containers under shacking conditions. The analysis evaluated the 12' PODS contafner system only. It was found to be under a greater stress than the 16' container. The analysis was based on drawings, weights, and loads furnished by PODS INC. 1.0 EVALUATION CONDITIONS' 1.1 i s' unit loaded weighs 12.500 each. Unifo" distributed loading. Weight of container and internal load. 12' unit loaded weighs 10,000 each. Uniformly distributed loading. Weight of container and Internal load. 16', unit at 12,500N,6401.3 IbsiftrininQ ft.. 12' unit at 10,000112=633.3 Ibshunning ft ' ' 12 Evaluate at two units stacked on top of a third bottom unit. Total loading on the bottom unit is 20,000 lbs. 1.3 Load is placed directly down on top of bottom bad, not slid across bottom container. 1.4 Load is directed straight down and point loading through bottom 4"x4" members. 1.5 Evaluate top angle iron members as simply supported beams. Evaluate at worst condition normal loading. 1.6 Evaluate column supports as unbraced short columns. 2.0 EVALUATION FINDINGS: 2.1 Top angle iron beam members are sufficient to catty the load outlined above. Working stress is 21,596 psi. This is slightly above industrial standards but well within working limits for this application. !t Is also conservative in light of the simply supported method of evaluation. 2.2 Columns are sufficient to carry the load as outlined above. 2.3 Interior upper comer bracing is sufficient under normal and nominal conditions. It is pointed out that the design should not be put under significant lateral loads, such as sliding one container over on top of the other. This could result in Of loading the'columns and cause the comer brackets to'deflect or deform. Page 1 Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Feb -11.04 5:34PM; Page 4/4 3.0 GVNUMADN' 3.1 Stacking containers under the conditions as stated above should not result in failure or deforming. Lateral loading should be kept to nominal conditions, or very little sliding while stacking Containers Containers Shmild he loaded straight down 31 much oc poccible. This analysis was a general overview of the construction system as stated above and not an in depth stress analysis of the system and materials. our conclusions are based on the information presented. The calculations for this analysis are available upon request. We thank you tot the oppodunity to be of service on this project. If we can be of further service please contact us. - Sincerely, >Z� MICHAEL J. GAYLOR, P.E. MJG/hjh +%Stamm 1"advwoos . nMm" City of Cape Canaveral Cm OR CAPE CANAVERAL February 4, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Regulating Temporary Storage Containers -------------------------------------------------------------------------------------------- The Planning & Zoning Board reviewed a draft ordinance regarding regulating temporary storage containers (PODS) at the meeting held on January 28, 2004 and unanimously recommended approval to City Council. The Board noted that enforcement of this ordinance should be handled through city code enforcement and property owner(s) shall be cited for violating this code not the supplier of the container. Please schedule this proposed ordinance on an upcoming meeting agenda 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date 02-17-04 AGENDA Heading Ordinances- Ist Reading Item 10 No. I recommend approval at first reading. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-2004, AMENDING CHAPTER 110, RELATING TO THE SALE OF FIREWORKS WITHIN THE M-1 ZONING DISTRICT DEPT./DIVISION: GROWTH MANAGEMENT/PLANNING & ZONING BOARD Requested Action: City Council consider at first reading Ordinance No. 02-2004, amending Chapter 110, relating to the sale of fireworks; providing for fireworks sales as a permitted use within the light industrial M-1 Zoning District, as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached ordinance and city attorney's correspondence. I recommend approval at first reading. Exhibits Attached: Ordinance No. 02-2004; City Attorney's memo City Manage ' Mee Department GROWTH MGMT/PLANNING &ZONING BOARD cap m\my c \counci " g\2004\02-17-04\02-2004.doc ORDINANCE NO. 02-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE RELATING TO THE SALE OF FIREWORKS; PROVIDING FOR A DEFINITION OF "FIREWORKS"; PROVIDING FOR FIREWORKS SALES AS A PERMITTED USE WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council finds the sale, display, and storage of fireworks is inherently hazardous, as evidenced by the U.S. Consumer Products Safety Commission "2002 Fireworks Annual Report" and Chapter 791, Florida Statutes (2003); and WHEREAS, the County Commission is currently considering an ordinance which will limit fireworks sales, within the unincorporated sections of the County, to the heavy industrial zoning districts; and WHEREAS, the City Council believes this Ordinance is necessary as upon enactment of the County's ordinance businesses engaged or desiring to engage in the sale of fireworks will look to locate within municipal commercial districts, unless otherwise prohibited; and WHEREAS, the proliferation of the sale of fireworks in the City's limited commercial districts would be a danger and detriment to the community; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 02-2004 Page 1 of 3 Section 2. Code Amendment. That Chapter 110, entitled Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and strfkeou type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that the text in sections Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 110 — ZONING ARITCLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fireworks means any combustible or explosive composition or substance or combinations of substances or any article prepared for the pose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, as defined by Section 791.01(4)(a), Florida Statutes, as may be amended. "Fireworks" does not mean sparklers or novelties, trick noisemakers, toy pistols or other devices in which paper caps containingtwent_y-five hundredths grains or less of explosive compound or mixture are used, as defined by Section 791.01(4)(b) and (c), Florida Statutes. Fireworks sales facilities means any place or premises used for the sale or other distribution, whether permanent or seasonal, of Fireworks. The sale of Fireworks shall only be permitted within the light industrial (M-1) zoning district. ARTICLE VII. DISTRICTS DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT E� a Sec. 110-352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: City of Cape Canaveral Ordinance No. 02-2004 Page 2 of 3 Fireworks sales facilities. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2004. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Steve Miller SUSAN STILLS, City Clerk Jim Morgan Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 02-2004 Page 3 of 3 2B TUESDAY. FEBRUARY 1D.2 4 NOTICE OF ZONING CATEGORY CHANGE The City of Cape Canaveral, Florida proposes to adopt the following ordinance: ORDINANCE NO. 02-2004 { AN ORDINANCE OF THE CITY OF I CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE I CITY CODE RELATING TO THE SALE OF FIREWORKS; PROVIDING FOR A DEFINITION OF "FIREWORKS"; PROVIDING FOR FIREWORKS SALES AS PERMITTED USE WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. A PUBLIC HEARING will be held by the City Council of the City of Cape Canaveral, on Tuesday, February 17, 2004 at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Gape Canaveral, Florida. A copy of the proposed ordinance is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. Pursuant to Section 286.1015, 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC, City Clerk D32382 City of Cape Canaveral February 3, 2004 Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Re: Proposed Ordinance Regulating Retail Sales of Fireworks The Planning & Zoning Board reviewed the above referenced ordinance regarding restricting the sale of fireworks. Following discussion, by a 3 to 2 majority vote, the Planning & Zoning Board concluded to recommend approval. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date 02-17-04 AGENDA Heading Ordinances -I' Reading Item 11 No. I recommend approval at first reading. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2004, AMENDING CHAPTER 94, SIGNS DEPT./DIVISION: GROWTH MANAGEMENT/PLANNING & ZONING BOARD Requested Action: City Council consider at first reading amending Chapter 94, Signs, as recommended by the Planning & Zoning Board. Summary Explanation & Background: The amendments revise the limitations on temporary signage within the City. The amendments are underlined within the proposed (14) page ordinance. I recommend approval at first reading. Exhibits Attached: Ordinance No. 03-2004 City Mana Office Department GROWTH MGMT/PLANNING &ZONING BOARD c k' mydoc \admin\counc7l\meeting\2004\02-17-04\03-2004.doc ORDINANCE NO. 03-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 94, SIGNS OF THE CODE OF ORDINANCES; REVISING THE PURPOSE AND SCOPE OF THE CHAPTER; MODIFYING DEFINITIONS; PROVIDING FOR THE REGULATION OF TEMPORARY SIGNS; AMENDING THE SIGN APPLICATION AND PERMIT PROCEDURES; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, through the enactment of this Ordinance, the City Council desires to preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral. See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981); and WHEREAS, the City Council finds that the limitations on temporary signage within the City of Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message, and will further the City's legitimate and substantial government interest in minimizing sight pollution and traffic and safety hazards to persons and property during high winds; and WHEREAS, the City Council finds that the goals of this Ordinance are unrelated to the suppression of free expression; and WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake Wales v. Lamar Advertising Ass'n of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglasville, Ga., 975 F. 2d 1505 (11` Cir. 1992); and WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals, are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance 03-2004 Page 1 of 14 Section 2. Code Amendment. Chapter 94 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and st-�R type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 94. SIGNS ARTICLE I. IN GENERAL Sec. 94-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *** Off-site or off -premises sign means a sign identifying an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is not related in its ,bjeet rimae.. to the e of the 0 e on .,, ieh it . located. On-site or on -premises sign means a sign (1) identifying an activity conducted or products or services available on the premises where the sign is located, or (2) displaying a noncommercial message or (3) any combination of the first two. related in its subjeet matter to the whieh it is leeated. *** Public interest &ig" means a charitable, educational or religious special event. *** Sign means any surface, fabric, device or display, whether illuminated or non -illuminated, designed to identify, announce, direct or inform, and that , display,ground sign, wall sign, illuminated sign, pr-ejeeting sign, t —fl, awaing sign, eanep illtistf:ad a used to adveftise or- pr-emete the interests of any pefsen, business E)r- event when st is placed out-of-doors in view of the general public. For purposes of this Chapter, the term "sign" includes all structural members. City of Cape Canaveral Ordinance 03-2004 Page 2 of 14 Sign ef geneffil eleefien means any sign in the suppeft of or- not in suppeft of-, eandidates fe pelf ie-aler- nen pefifie-al e€€ree, r-e€erenda, propositions taxes, lei y other -sue()* Temporary signs means a sign displayed before, during or after an event or occurrence scheduled at a specific time and place, inclusive for example real estate signs, for sale and for rent signs, banner signs, construction signs, and NASA launch signs. signs eenstmetea of eleth light €abrie,e-ardbeard, wallbeard,-ply-,I or- other- materials, with or- witheut f afiles, intended to be displayed fer- the extent ef fifne as allowed in the speeifie seetions of this ehaptern Sec. 94-2. Purpose and scope. (a) The purpose of this chapter is to regulate the number, size, type, use, design, construction and location of signs within the City. These regulations are established in order to promote the overall economic well-being of the City, while at the same time providing for the health, diaP.I pr-eteet the safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the City. These regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention, eliminate dangerous, dilapidated and unsightly signs and provide for adequate maintenance and inspection of signs within the corporate limits of the City, consistent with constitutional guarantees and while providing; for adequate opportunities for effective means of communication. without impeding the inherent right of business to advertise and r-easenaNy use E)r- any pr-eduet they may desire to pur-ehase. (e t) For purposes of Tthis chapter, *- within he -eland any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. All noncommercial speech shall be deemed to be an on -premises. Nothing in this ehapter- shall be deemed te be an Nothing in this chapter shall be construed to regulate the content of the message displayed on any sign. City of Cape Canaveral Ordinance 03-2004 Page 3 of 14 Sec. 94-6. Prohibited Signs and features. The following signs and features are strictly prohibited: (a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit requirements, ineluding pelitieal signs, are prohibited on public utility poles or trees. (g) Merchandise displays on rights of way. Permanent, temporary, portable or movable signs or disvlays of merchandise located on any street, sidewalk alley, or right-of-way are prohibited. It is the expressed legislative intent of the eity e0unet! that there shall be a .-eL ,bihor without iis,against the use of any a -tion of ., stfeer e sidewalk, .,lley, right of way er „hlie the,-oughfafe fe,- the display of .,tee feh.,, dice for- sale of: the leeatien ef pei4able or- movable signs of stands to advei4ise of draw attention to the business 0 any pperson or the par -king of vehiieles of other- types of eentfiya lees which af:ee,—'rn ar i—v= themselves, unique and unusual and are parked for- the purpose of attfaetifig attefitiffii tE) th designed to attfaet attention thefete. However-, the pr-ohibition against the use of the stfeets for the FkAn of ehiele is of intended to prohibit the bo fide par-kingf 1 .1 ��iuii� `�'a. H; iC a. uoc.�z i slogan er- tr-adefnar-k or- ethef emblem whieh identifies the vehiele's Owner- E)F- business in a fnannef eensistent with that eustomar-ily found en eemmer-eial vehieles of! vehicles used foF (h) Off -premise signs. Any sign not related in its subjeet matter- to the pr-emises en whieh it is (r) Temporary signs, unless specifically authorized under this Chapter mentioned in this Fede. ARTICLE II. PERMITS AND INSPECTIONS Sec. 94-32. Application for permit; review time limits. Application for a permit required under this artiele chapter shall be made upon forms provided by the building department and shall contain or have attached the information required City of Cape Canaveral Ordinance 03-2004 Page 4 of 14 on the form. The building official shall grant or den the permit application within forty- five (45) days from the date that a completed application and permit fee was filed with the City. Sec. 94-33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the appropriate building permit fee by the applicant, the building official shall promptly conduct an investigation of the application, the proposed sign and the premises. if pr-iE)r- approval is r-eeeiv f e the eemmunityappear-anee be ,-a the building eFfie .,1 shall grantor- de the building ippheation within 20 days ffem the date the eempleted appheation with applieation fee Ifilled with the eity, (d) Any person denied a building permit for signs may file as a matter or right a written notice of appeal to the construction board of adjustment within ten calendar days after rendition of the denial pursuant to the provisions of section 94-33. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the construction board of adjustment. The appellant shall be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in person and through counsel, to present evidence, and to cross-examine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the administrative action. Any person aggrieved by a final decision of the construction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. An The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. Sec. 94-34. Revocation of permit. The building official is authorized and empowered to revoke any permit issued under this article for failure of the permittee to comply with any of the sections of this chapter. Such revocation shall be in writing and shall show cause for the revocation notice. Within seven days after the mailing of notice, the permit holder may request, in writing; to the city manager= €er a hearing before him the construction board of adjustment to show cause why the permit should not be revoked. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the cityanager. The permittee shall be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in person and through counsel, to present evidence, and to cross- examine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the revocation decision. Any person aggrieved by a final decision of the construction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate City of Cape Canaveral Ordinance 03-2004 Page 5 of 14 pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. Within ten days from the hearing date, the city manager- shall give him a deeision in writing. Sec. 94-35. Fees. Permit and inspection fees for the erection alteration or relocation of a sign, exclusive of any costs for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and shall include fees for the following: (1) In addition, fees for signs are calculated by using contract amount consistent with the city's schedule of fees; (2) Re -inspection; and (3) If any person commences any work before obtaining the necessary permit, all fees shall be doubled. ARTICLE III. SIZE, LOCATION AND CONSTRUCTION DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. (a) Temporary on -premises signs shall be permitted under the followinjz conditions: (1) Temporary signs shall be non -illuminated, free standing_ signs. (2) Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded). (3) Temporary signs shall be permitted for a period of up to sixty (60) days and up to a maximum of two (2) times a year. The display period for temporary signs may not run consecutive with another display period and must be separated by period of no less than sixty (60) days. Temporary signs erected to serve a significant interest or public interest are exempt from the requirements of this subsection (3). City of Cape Canaveral Ordinance 03-2004 Page 6 of 14 (4) On residential property, no one temporary sign shall exceed six (6) square feet and the total area of temporary signage on any one residential property shall not exceed thirty (30) square feet. (5) On non-residential property, no one temporary sign shall exceed thirty-two (32) square feet and the total area of temporary signage on any non-residential property shall not exceed ninety-six (96) square feet. (6) Temporary signs may be double faced (back-to-back) and only one side of a double faced sign shall be counted for sign area calculations. (7) The maximum height of any temporary sign shall be four (4) feet on residential property, or eight (8) feet on any non-residential property. (8) Minimum setbacks for any part of the temporary sign structure shall be a minimum of five (5) feet from any right-of-way and twenty-five (25) feet from any othe adjoining property line, except the streets listed below shall have the following set backs: Street Minimum Setback from Right -of -Way Astronaut Boulevard (SR AIA) 50 feet Old State Road 401 10 feet Ridgewood Avenue 10 feet (9) No temporary sign shall be placed within the right-of-way unless approved by the city manager. No temporary sign shall be placed within the visibility triangle or posted on a tree or utility pole. 10) The temporary sign shall be constructed of sturdv material such as wood, hard plastic, vinyl, masonite or particle board of sufficient thickness so as to withstand the weather elements commonly experienced within the City. Cardboard and paper faced temporary signs are strictly prohibited unless it is safely fastened, in its entirety, to a backing made of material set forth in this section. (b) In addition to the general requirements in subsection (a), the following requirements shall apply to the specific types of signs listed below: 1) Areas under development, such as shopping centers, apartments, condominiums and subdivisions, shall be permitted one (1) non -illuminated construction sign not to exceed a sign area of sixteen (16) square feet on residential properties and thirty-two (32) square feet on nonresidential property after a building_ permit is issued. Signs allowed hereunder shall be permitted for one (1) year. If the project is not completed within one (1) year, the city managery grant an appropriate extension(s) not to exceed the removal date set forth under this subsection (1). All signs must be removed from the City of Cape Canaveral Ordinance 03-2004 Page 7 of 14 property within seven (7) days of the date on which the project is completed, suspended, or abandoned for at least three months. Construction signs are exempt from subsections (a) (2) and (a) (3) above. Construction signs shall contain the primary contractor's licensing information. (2) A maximum of one (1) real estate sign is permitted on a property at such time the property owner desires to sell or lease the property. Real estate signs shall be removed immediately upon the sale or lease of the property. Real estate signs are exempt from subsections (a) (2) and (a) (3) above. (3) A maximum of one (1) on -premises banner sign, not to exceed 96 square feet, may be erected on a property to promote a significant interest or public interest as those terms are defined in Section 94-1 of this Chapter. A banner sign may be erected for a maximum of thirty (30) days. A banner sign is exempt from the freestanding requirement set forth in subsection (a) (1) above and the size restriction set forth in subsection (a) (4) and (5) above, provided it is securely fastened to a structure in a manner to withstand weather elements commonly experienced in the City. 7 On .. . Sec. 94-77. Signs in violation. Reserved. No eff Bs ef: signs en vaeant land shall be efeeted, posted, painted, taeked, nailed 6 leeated anywhere in the eity. This seetion shall not apply to feal estate e lits . See. 94 78. Polidea . Reserved. City of Cape Canaveral Ordinance 03-2004 Page 8 of 14 paper shall be ed in the eenstmetion of any ol;iean, o o .raS-C YUJv1 fUIL If IL rests entirely on the matefials mentioned in this subseetion baeldng by adhesive evef the entire sur-faee. Vehiele and if it is seewely signs shall be allowed, attaehed te the pf-E)Vided they dO fi0t signs shall be seeur-ely fastened, aneher-ed, plaeed and read E)r- stfeet right of way. Ne signs shall be posted (,) Written eens pfoper-ty within the eity limits must have on file maintained so as not en trees, wility poles with the building depar-tment to eensfit-ute a • of fenee pe writteR e0fiSefit (e) Deposit. A deposit as set fer-th in appendix . ns (far- E)f against) for- the pur-pese of a vete Fe�-Und-ed, pfevided the signs are r-emoved within five B to this Code shall be ef gefler-al eleefien. days ef the paid to the eity before The deposit shall be • (2) if the signs are not r-emoved within the five day allowanee the actual eest of sueh removal . „n he charged to the a . See. 4 ,8 . . Reserved. (2) A.ny-newsiness opening ivit;',.;,the eiE City of Cape Canaveral Ordinance 03-2004 Page 9 of 14 ��E414'.11�i'J.Si!T�ITI. ll:T.�l7�1 Tl!!f.MumNOW City of Cape Canaveral Ordinance 03-2004 Page 10 of 14 DIVISION 3. DISTRICT REGULATIONS Sec. 94-100. Shopping center or multi -tenant center in any district. (a) Signs are permitted for shopping centers or multi -tenant centers in any district as listed in table 94-96-1. Table 94-96-1 District Restrictions TABLE INSET: City of Cape Canaveral Ordinance 03-2004 Page 11 of 14 District Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 Shopping Automotive center/Multi-Tenant Service Center in any district Station in C-1 Temporary Per Per Per Per Section 94-76 Per Section 94-76 Per Section On -premises Section Section Section 94-76 Sin 94-76 94-76 94-76 Deal ..state -- 1 4- n pf (',.tentage (peF distiie (per disiriet Max. area tl"J-f: 4S>- 32sT 4' 4 & 8 Political 1.4a na 2 2 2 ]��� �� Y ` nclidatepef let a> 250c. ..cc. ..c frontage then 22 (per -district requirement) (peFdistrief Fequifefnent)) Nlax-. aFea 5 --. f, 32 SI EenstFuetien/ future fits Max. no. 1 } } 2 (per distriet regei nt) (per district requireEAent) Max.are 16 s.f: 16 s-€ 16 s.f: 32-�f-. 3' 3' 3' 8' Home Max. no. 1 I 1 1 n/a n/a occupation Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. n/a n/a Exceptions/notes for ground Not Apply to multi -family 2 of the following 3 options are permitted per parcel and wall signs permitted only Ground Max. no. 1 1 I per street frontage 1 per street frontage 1 on primary street frontage Max area 75 s.f. 75 s.f. 150 s.f. 15% of wall space (per district height times business requirement) frontage, max. 128 s.f. perpendicular & 160 s.f. parallel to street Max height 25' 25' 30' n/a 30' Max. width 25' 25' 25' n/a n/a Wall Max. no. 1 (on 1 (on Perpendicular to 1 per tenant space 1 main main street: I on each end of structure) structure) the building, parallel to street: 1 sign Max. area 50 s.f. 128 s.f. Perpendicular: 1 s.f. per 15% of wall space (per district lineal foot of building height times business requirement) width, max. 128 s.f. frontage, max. 128 City of Cape Canaveral Ordinance 03-2004 Page 11 of 14 * * * Sec. 94-105. Enforcement. (a) Removal of signs. Private signs on public property or public rights-of-way may be removed by the City or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the Code Enforcement Officer or the Building Official, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the Building Official or Code Enforcement Officer, immediately secure the sign, cause it to be placed in good repair or remove the sign. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the Code Enforcement Officer or Building Official that a sign is illuminated in violation of this Chapter, the owner, owner's agent, or person in control of the premises, shall immediately terminate the prohibited illumination of such sign. *** Sec. 94-110. Implied Consent. Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following_ (1) consents to complying with all provisions of this code; and (2) consents for City officials to come on private property to inspect all signage and to remove illegally erected signs upon reasonable advanced notice by the city. Section 3. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stfikeaut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Appendix B. It is intended that the text in Appendix B denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance 03-2004 Page 12 of 14 each sign, Parallel: 1 s.f. s.f. perpendicular & per lineal foot of 160 s.f. parallel to building frontage, max. street 160 s.f. * * * Sec. 94-105. Enforcement. (a) Removal of signs. Private signs on public property or public rights-of-way may be removed by the City or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the Code Enforcement Officer or the Building Official, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the Building Official or Code Enforcement Officer, immediately secure the sign, cause it to be placed in good repair or remove the sign. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the Code Enforcement Officer or Building Official that a sign is illuminated in violation of this Chapter, the owner, owner's agent, or person in control of the premises, shall immediately terminate the prohibited illumination of such sign. *** Sec. 94-110. Implied Consent. Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following_ (1) consents to complying with all provisions of this code; and (2) consents for City officials to come on private property to inspect all signage and to remove illegally erected signs upon reasonable advanced notice by the city. Section 3. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stfikeaut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Appendix B. It is intended that the text in Appendix B denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance 03-2004 Page 12 of 14 APPENDIX B SCHEDULE OF FEES Chapter 94. Signs (a) Permit fee shall be calculated on actual 30.00 contract cost using subsection (a) of Chapter 82 of Appendix B with a minimum fee of:.......... (b) Reinspection fee.......... 25.00 9435 (d J For commencing work without a permit, all fees shall be double J Temporary signs and banners.......... 25.00 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2004. ATTEST: SUSAN STILLS, City Clerk ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Steve Miller Rocky Randels Richard Treverton City of Cape Canaveral Ordinance 03-2004 Page 13 of 14 For Against First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 03-2004 Page 14 of 14 Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9598; Aug -20-03 2:49PM; Page 2 BROWN, SA.LZMAN, WEISS & GARGANESE, P.A. .-1// of^l1E1.;r i' at Law Usher L. Brown' Oificcs aa OrL111du, cc, Debra $. 6abtrNutcher Suzanne D'Agresta' UnCna & Vieix Jeffrey P. Buak" Anthony A. Garganese° John V. Biedenharn, it Gary S. Salzman' Joseph E. R]4& Jahn H. Ward' Douglas Lambert Jaffrey S. Weiss Jennifer A. Michael Ml&*Ile A. Reddin 'Board Certified Civil Trial Lawyer "Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government law August 20, 2003 Planning & Zoning Board Members City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Cape Canaveral P& Z Report Proposed Sign Code Amendments I Ordinance 21-2403 Dear Board Members: Erin J. O'Leary Of Counsel The following is a summary of the proposed amendments to the Sign Code set forth in the draft Ordinance 21-2003. This summary is supplemental to my letter to the City Manager, dated July 31, 2003. 1. In general. All references to political or election signs have been removed from the sign code. The intent and purpose of this amendment is to begin regulating political signs in the same manner as any other temporary sign. Unlike the current regulatory scheme, this approach to regulating political signs is unrelated to the message on the sign and, therefore, it is a content -neutral approach and has a better chance of surviving a constitution challenge. 2. Section 94-1, Definitions. Seven (7) definitions have been amended or removed for several reasons to: (1) correct grammar; (2) remove references to political or election signs; (3) provide simplification; and (4) conform to the new regulatory scheme for temporary signs. 3. Section 94-2, Purpose and Scope The proposed amendments: (1) broaden and enhance the purpose of the sign code by including additional substantial and legitimate government interests that have been upheld by the courts as valid reasons to regulate signs; (2) correct a scrivener's error to clarify that for 225 East Robinson Street, State 660 • P.O. Box 2873 •Orlando, Florida 32$42.2873 Orlando (407) 425.9566 Fax (407) 425.9596 - KiSsimr lee (321) 402-0144 • Cocoa & Viera (89S) 425.9566 Website: www.orlandolaw.net • email: firm@orlandolaw.net Seat Sy: BHOtiVN,SALZMAN,YVEISSBGARGANESE; 407 425 9596; Aug -20-03 2:49PM; Page 3 Planring & Zoning Board Members City of Cape Canaveral August 20, 2003 Page 2 constitutional reasons noncommercial speech on signs will always be deemed on - premises under the sign code. 4. Section -94-6. prohibited Signsnd� features. The proposed amendments: (1) add text to clearly state in the body of the section that the types of signs listed are "prohibited" in the City; (2) remove the duplicate reference to "off -premises signs" and rename the type of sign described in subparagraph (g) according to the description; (3) eliminate the text after "off -premises signs" in subparagraph (h) because that term is already defined in the definition section of the sign code and the text is inconsistent with the definition section; and (4) clarify that temporary signs are prohibited in the City unless "specifically authorized" in the sign code. 5. Section 94-32 Application far Rermiit: revlew time limits Case law interpreting the First Amendment generally require that: (1) sign permit applications be granted or denied within a definite time period; (2) administrative discretion be subject to clear standards set forth in the sign code; (3) due process be afforded applicants; and (4) an applicant be afforded an opportunity to appeal an adverse decision to a court of competent jurisdiction ("prompt judicial review"). Otherwise, the sign permit procedures will be declared unconstitutional. In light of these constitutional requirements, the proposed amendments: (a) Establish a definite forty-five (46) day time limit during which the City must grant or deny a sign application, including any decision that must be made by the Community Appearance Board; (b) Set forth minimum due process rights (notice, opportunity to be heard, cross examination of adverse witnesses) before the Construction Board of Adjustment to any person appealing the denial of a building permit fora sign; and (c) Provide a right to appeal any final decision of the Construction Board of Adjustment to a court of competent jurisdiction. The court shall promptly review and decide the appeal. 6. Section 94-34. ReyQGation of permit. license revocation procedure with the Paragraph 5 above. The proposed amendments conform the constitutional requirements mentioned in 7. Section 94-35. Fees. The proposed amendment deletes the reference to political signs. sera by: HHONIN,SAL[PjIAN,WEISSBGARGANESE; 407 425 9595; Aug -20-03 2:50PM; Page 4 Planning & Zoning Board Members City of Cape Canaveral August 20, 2003 Page 3 8. Section 94.76. Temporary on -premises signs. The proposed amendment deletes in its entirety the current temporary sign regulations and adopts new requirements applicable to All temporary signs. Generally, this section provides general requirements for: (1) maximum size; (2) duration; (3) setbacks; (4) total square footage, which in essence regulates the maximum number of temporary signs permitted on any one piece of property; (5) maximum height; and (6) construction standards. In addition, special requirements are provided for certain activities and types of temporary signs such as: (1) areas under development; (2) real estate signs; and (3) banner signs promoting a "significant Interest" or "public interest," as those terms are defined in Section 94-1. Please refer to Section 2 of draft Ordinance 21-2003 for the specific requirements. 9. Section 94.77, Signs in violation. The proposed amendment deletes the entire section because it is redundant, Off -premises signs are already prohibited under section 94-6 and real estate signs and political signs will be regulated as temporary signs under section 94-76. 10. Sect(an 94-78. Political SignL, The proposed amendment deletes the entire section relating to political signs for the reasons set forth above. 11. Section 94-81. Temporary of-gremises signs. The proposed amendment deletes the entire section. All Temporary signs will be regulated under the proposed Section 94-76. Many of the temporary sign requirements In this section have been carried over to Section 94-76 and enhanced, 12. Table 94-%-1. The proposed amendment deletes all references to real estate, political, and construction signs because they are regulated as temporary signs per Section 94-76. Accordingly, reference to "temporary on -premises sign" has been added to the Table. 13. Section 94-105, Enforcement. A new section is being added to assist code enforcement. The section expressly authorizes code enforcement to take appropriate legal action to correct sign code violations. Generally: (a) The City shall have the right to remove signs in a right-of-way without notice. (b) Dangerous signs shall be immediately secured upon notice by the City. Se;iL by: tshUVV;v,6ALLWiAfi,VUt1SS&UAKOANESt; 407 425 9596; Planning & Zoning Board Members City of Cape Canaveral August 20, 2003 Page 4 (c) Illegal signs shall be immediately removed - Aug -20-03 2:50FM; Page 5115 (d) Improper illumination of signs shall be terminated upon notice by the City. 14. Section 94110. Implied Consent. A new section is added to assist code enforcement. The section provides that a person applying for a Sign permit consents to; (1) complying with the sign code: and (2) allowing a city official to enter their private property to remove illegal signs upon advanced notice. 15. Appendix B. Schedule of Fees. The proposed amendment deletes the reference to political signs including the deposit requirement. I took forward to discussing this with you at the next Board meeting. V tr ours, Anthony A. Garganese City Attorney AAG:jf cc: Bennett Boucher, City Manager F.'.UucslGtyofCape cal"iNVar)UvreapondenreArthnnit) r1 Loning_Board'Sign_0O_L1r_P&Z.wpa Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9598; Dec -8-03 2:50PM; Page 2 BROWN, SALZMAN, WEISS & GARGANESE, R.A, Amarneys at Law Usher L. BrownOffice.% in t-?dniuiu Kir-wi nee Debra S. Babb-Nutcher Suzanne D'Agresta" Cocoa & Vies Jeffrey P.n Anthony A. Garganese" Gary S. Salzman* John U. Bladanham, Jr. John M. Ward' Joseph E. Bitch Jaffrey S. Weiss Douglas Lambert Katherine Laforre fthele A. Reddin Kimbany F. Whitfield 'Board Certified Civil Trial Lawyer 'Board certified Business Litigation Lawyer "Board Certified City, County & Local Government Law December 8, 2003 Via Facsimile and U.S. Mall Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance 21.2003 - Amendments to Sign Code City of Cape Canaveral - General File No. S13-001 Dear Bennett. Erin .l. O'Leary Of Counsel Enclosed is the latest draft of Ordinance 21-2003 which was amended based on the P S Z Board's recommendations. Please schedule the ordinance for the P & Z Board's review and recommendation to the Council. The following is a summary of the P & Z Board's comments and changes: The Board wanted to expand the definition of public Interest to include a local, regional or national event. This change was not made because the existing code defines and uses the term "significant interest" to refer to a local, regional, or national event. In my view, making the change recommended by the P & Z Hoard would create an ambiguity in the Sign Code unless the definition "significant interest" is deleted from the Code. 2. Section 94-6(g) regarding prohibited merchandise displays and parking of vehicles on right"f--way was rewritten to simplify the existing Code. 3. The P & Z Board does not like the fact that the proposed ordinance included banners, for sale, and construction signs into the temporary sign category. I recommend that the ordinance remain as drafted. The fundamental legal 225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2973 Orlando (407) 425.9566 Fax (407) 425.95% • Kissimmee (321) 402-0144 • Cocoa & Mara (866) 425-9566 Website: www.onao(lolaw.net - Email: Am-4oriandolaw.net Sent By: BROWN,SALZMAN,WEISS&GAROANESE; 407 425 9598; Dec -8-03 2:50PM; Page 3 Bennett Boucher, City Manager City of Cape Canaveral December 8, 2003 Page 2 principle behind Ordinance 21-2003 is that it treats all temporary signs in a similar fashion. The more distinctions the City makes between signs, the more prone the Sign Code is to being successfully challenged. Please see the attached recent article that was published in The Atlanta Journal - Constitution on July 28, 2003, which clearly makes my point. 4. Section 94-76(b)(3) was revised to allow on -premises banner signs that promote a significant interest or public interest that do not exceed eighty (80) square feet. Apparently, this is the size of the Space Shuttle launch banners that have been used for years in Cape Canaveral. 5. Section 94-76(a)(10) was amended to add "vinyl" as an appropriate material to be used for signs. Apparently, the Space Shuttle banner signs are made of vinyl and the P & Z Board would like those signs to continue. 6. Section 94-76(a)(9) was rewritten into two sentences to clarify the language. 7. Sections 94-78 and 94-81 have been amended to add the word "Reserved." I look forward to finalizing this ordinance in the very near future. Ve ly y rs, Anthony A. arganese City Attorney AAG:jf Enclosures City of Cape Canaveral Cmr or CAPE CANAVERAL February 4, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Amendments to the Sign Code --------------------------------------------------------------- The Planning & Zoning Board reviewed a draft ordinance regarding amending the City sign code at the meeting held on January 28, 2004 and unanimously recommended approval to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date 02-17-04 AGENDA Heading Resolutions Item 12 No. Resolution No. 2004-09 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-09, OFFICIALLY NAMING JOE PLACE, MARIA COURT AND MANNY LANE DEPT./DIVISION: BUILDING DEPARTMENT Requested Action: City Council consider the approval of Resolution No. 2004-09, naming Joe Place, Maria Court and Manny Lane within the Perlas Del Mar subdivision. Summary Explanation & Background: These names were reviewed and approved by the Brevard County Address Assignment Office. Exhibits Attached: Resolution No. 2004-09 City Ma er Office Department BUILDING DEPARTMENT -n im\mydo dmin\council\meeting\2004\02-17-04\2004-09.doc RESOLUTION 2004-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING JOE PLACE, MARIA COURT AND MANNY LANE, ALL LOCATED WITHIN THE CITY OF CAPE CANAVERAL IN THE PERLAS DEL MAR PROJECT AND MORE PARTICULARLY DEPICTED ON COMPOSITE EXHIBIT "A" ATTACHED HERETO; REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has been requested to officially name three (3) private roadways which are located in the Perlas del Mar Project, which is more particularly depicted and legally described on Composite Exhibit "A," which is attached hereto and fully incorporated herein by this reference. WHEREAS, the names Joe Place, Maria Court, and Manny Lane have been approved by Brevard County for assignment; and WHEREAS, the assignment of names is as set forth herein; and WHEREAS, the City Council deems it to be in the best interests of the health, safety, and welfare of the citizens of Cape Canaveral to officially name these private roadways to improve location identification for 911 purposes. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Naming of Private Roadways. The City of Cape Canaveral hereby officially names and assigns the names Joe Place, Maria Court, and Manny Lane to three (3) private roadways as depicted on Composite Exhibit "A," which is attached hereto and fully incorporated herein by this reference. By naming these private roadways, the City of Cape Canaveral accepts no maintenance responsibilities for said private roadways. It shall be the property owner's responsibility to place the appropriate street signs and keep said private roadways clear and accessible for emergency vehicles. City of Cape Canaveral, Florida Resolution No. 2004-09 Page 1 of 2 Section 3. Official Brevard County Maps. The City Clerk is hereby directed to request the Board of County Commissioners of Brevard County, Florida, to place these newly named private roadways on the official maps of record. Section 4. Severability. If any section, clause, phrase, word, or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. 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 6. Recordation. The City Clerk is hereby directed to promptly record this Resolution in the Public Records of Brevard County, Florida. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of , 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST M� Susan Stills, CITY CLERK Steve Miller Jim Morgan Rocky Randels APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY Richard Treverton OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY City of Cape Canaveral, Florida Resolution No. 2004-09 Page 2 of 2 COMPOSITE EXHIBIT "A" DESCRIPTION Parcel C-1: That part or the South 6.80 acres of the North 16.80 acres of the southwest quarter of the southwest quarter of section 14, township 24 south; range 37 east, described as foflows; Begin at the southeast corner of said tract which point of beginning is on the east line of said southwest quarter of the southwest quarter of said section; thence run North on the quarter section line 121 feet; thence nun West parallel with the south line of said section to the east right of way line of State Road AIA, as now established; thence run South, along the -East right of way line of State Road AM until a d4vlance of 121 feet frorn the above described line has been reached; thence run the South line of said property above described Eost fn the point of beginning, being the same property as described in Dead recorded in Official Records Book 1.373, Page 819, of the Pubric Records of Brevard County, Florida. Parcel C-2: the South 5 acres of the North 21.80 acres of the Southwest quarter of the Southwest quarter of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, lying East of State Road 40f. Parcel 6- t; That part of the following described lands which lie East of State Rood A1A. ©eginning 2 chains and SO links South of the Northwest corner of the SW 1/4 Of the SW 1/4 of Section 14, Township 24 South, Range 37 East, thence East 20 chains; thence South 2 chains and 50 links; thence West 20 chains; thence North 2 chains and 50 finks to the Point of Beginning; and Parcel 0-2; Begin on tha Eost Section of fine of the SW 1/4 of the SW 1/4 of Frr;d Section 14, Township 24 South, Range 37 East, at a point 330 feet South of the Northeast corner of said Quarter Section; thence run West parallel with the North line of said Quarter Section to the Eost right -of -,way line of State Rood AIA; thence run the East right -of woy line of State Rood AIA Southwesterly until a perpendicular distance of 103 feet hos been reached from the first described line; thence run East porollel with the North line of sold Quarter Section to the East line of said Quarter Section; thence nun the East Quarter Section line North 103 foot to the point of Beginning_ Together with: Lot 3, Block 3 except the West 48.95 feet theroof, as measured at right angles to the West line of said Lot J. CAPE CANAVERAL BEACH GARDENS UNiT NO. 2, according to the plat thereof as recorded in Plot Book 17, Page 81 and 82. of the publir retards of Brevord County, Florida. City of Cape Canaveral Susan Stills, City Clerk Jim Watson, Address Coordinato-55'Zj Subject: Street Addressing Resolution Date: February 5 2004 I am requesting a resolution for the following new streets. Joe Place Maria Court Manny Lane Legal Description: 24-37-14-00-00510.0-0000.00 Any question please contact me. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 wwwmyflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com DEC -31-2003 12.17 �REVAR BOARD OF COUNTY COMMISSIONERS PeRMITTINC & ENFORCEMENT DEPARTMENT Building Code- 2725 ode2725 Judge Fran lnmieson w;,y, F11d1G A. VVera, Florida 31940 December 31, 2003 Susan L. Chapman City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 RE: Street Name Request: Dear Ms. Chapman: FLORIDA'S SPACE COAST (T24 -R37 -S14) Perles Del Mar Telephone: (321; 633-21Y72 Fax: (321) 633-2087 The below listed street names are approved and will be held in reserve status for a period of two years, If these names are ►mot implemented within this time frame and another customer requests the name, it will be released far their use. Therefore, if the Developer still wants to utilize these street names, they need to contact the Address Assignment section to re -reserve the names. MARIA JOE MANNY If this development is not to be recorded your city council needs to complete (and record with the clerk's office) a resolution or ordinance to assure placement of the new street names on the official maps of record. Upon receipt of the r d document our Address Assignment section will forward a copy to 9-1-1 Communications to have the new street names and address ranges input into the Enhanced 9 1 1 database. Upon recording of the Plat, ttie developer must provide one copy of the r r document to x our Address Assignment section for addressing and 91-1 purposes. Upon receipt of the x recorded plat, they will forward a copy to 9-1-1 Communications to have the new street names and address ranges input into the Enhanced 9-1-1 database. Your continued cooperation is appreciated. If further assistance is required, please contact Regina R. Braun, Lead Address Technician at (321) 633-2061. Sincerely, Carroll R. Brown, Building Official ? ` Brevard County 8uildlng Code' CRB: rrb PR1NY'f90NRFCrCLED Rlr'ea . �...;, TOTAL P.01