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Packet 11-20-2001
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX I Polk Avenue, Cape Canaveral, Florida TUESDAY November 20, 2001 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Burt Bruns OATHS OF OFFICE: James Morgan Richard Treverton CONSENT AGENDA: City Council Regular Meeting Minutes of October 16, 2001. 2. Resolution No. 01-41; Reappointing Regular Members to the Beautification Board. (Nicholas & Laws) 3. Resolution No. 01-42: Appointing a Regular Member and a First Alternate Member to the Library Board. (Bell & Reid) 4. Cooperative Purchase of (7) 800 Mhz Radios from Communications International, Inc. in the amount of $14,982.24. 5. Cooperative Purchase of a Defibrillator and Upgrade Kit from Medtronic Physio Control Corporation in the amount of $9,612.60. 6. Environmental Ciean-up of Jamieson Property in the amount of $22,000 to Daley Environmental Services, Inc. 7. Cooperative Purchase of Emergency Generator in the amount of $24,765 to Florida Detroit Diesel. 8. Cooperative Purchase of Two Scoreboards in the amount of $9,060 to Score Board Sales and Service. 105 Polk Avenue * Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net )f Cape Canaveral, Florida ;ouncil Regular Meeting tuber 20, 2001 2 ORDINANCE: First Public Hearing 9. Motion to Approve: Ordinance No. 06-01; Amending Chapter 82 Relating to Buildings and Building Code Regulations, for second reading. RESOLUTIONS: 10 Motion to Adopt: Resolution No. 01-39, Appointing a Mayor Pro Tem. 11. Motion to Adopt: Resolution No. 01-43, Policy for City Employees to Use Melbourne International Airport for Business Travel. CONSIDERATIONS: 12. Appointment of Space Coast League of Cities Voting Delegate/ Director. DISCUSSION: 13. Enclosed Bus Shelters 14. City Code Review — Chapters 1 and 2 REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 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. )f Cape Canaveral, Florida ;ouncil Regular Meeting tuber 20, 2001 2 ORDINANCE: First Public Hearing 9. Motion to Approve: Ordinance No. 06-01; Amending Chapter 82 Relating to Buildings and Building Code Regulations, for second reading. RESOLUTIONS: 10 Motion to Adopt: Resolution No. 01-39, Appointing a Mayor Pro Tem. 11. Motion to Adopt: Resolution No. 01-43, Policy for City Employees to Use Melbourne International Airport for Business Travel. CONSIDERATIONS: 12. Appointment of Space Coast League of Cities Voting Delegate/ Director. DISCUSSION: 13. Enclosed Bus Shelters 14. City Code Review — Chapters 1 and 2 REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 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 T EU SDAY October 16, 2001 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager Mark McQuagge, Assistant City Attorney Susan Stills, City Clerk Nancy Hanson, Recreation Director Ed Gardulski, Public Works Director PRESENTATION: Representative Mike Haridopolos Florida Recreation Development Assistance Program Grant - Manatee Park — Phase 11 Ms. Nancy Hanson explained that this grant would provide funding for Manatee Park with a picnic pavilion, walkingfjogging path and educational kiosk desk. Representative Haridopolos presented a check on behalf of the State of Florida in the amount of $112,500. He spoke further on the state budget shortfall and the upcoming legislative session. Representative Haridopolos reported that $1.3 billion is the current shortfall amount. He summarized that the special legislative session would discuss how to reconfigure the State's budget and that this would be an opportunity to review how to decelerate spending. Fall Multi -Family Beautification Award - Lamp Post Condominium CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida T EU SDAY October 16, 2001 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager Mark McQuagge, Assistant City Attorney Susan Stills, City Clerk Nancy Hanson, Recreation Director Ed Gardulski, Public Works Director PRESENTATION: Representative Mike Haridopolos Florida Recreation Development Assistance Program Grant - Manatee Park — Phase 11 Ms. Nancy Hanson explained that this grant would provide funding for Manatee Park with a picnic pavilion, walkingfjogging path and educational kiosk desk. Representative Haridopolos presented a check on behalf of the State of Florida in the amount of $112,500. He spoke further on the state budget shortfall and the upcoming legislative session. Representative Haridopolos reported that $1.3 billion is the current shortfall amount. He summarized that the special legislative session would discuss how to reconfigure the State's budget and that this would be an opportunity to review how to decelerate spending. Fall Multi -Family Beautification Award - Lamp Post Condominium City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2001 Page 2 Mary Jo Laws reported that the Holiday Awards would include all categories. She then presented the Fall Beautification Award to representatives of the Lamp Post Condominium. CONSENT AGENDA: Mayor Randels asked if any Council member, staff or interested party would like to remove an item from the Consent Agenda for discussion. No items were removed. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Consent Agenda Items No. 1 through 9. The motion carried 5-0 with voting as follows: 1. City Council Regular Meeting Minutes of October 2, 2001. 2. Proclamation for Florida City Government Week. 3. Proclamation for World Population Awareness Week. 4. Proclamation for National Epilepsy Awareness Month. 5. Proclamation for United We Stand Month. 6. Revision to the Consent Agenda Policy. 7. Cooperative Purchase of (60) Sable Palm Trees from Manicure American Landscaping in the amount of $5,820. 8. Cooperative Purchase of Employee Uniform Service with Van Dyne Crotty, Inc. 9. Canceling the City Council Regular of November 6, 2001 Due to the General Election and Scheduling a Special City Council Meeting to Certify the Election Results on Thursday, November 8, 2001 at 5:30 P.M. RESOLUTIONS: 10. Motion to Adopt: Resolution No. 01-37; Officially Naming Puerto Del Rio Drive. A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA; TO OFFICIALLY NAME PUERTO DEL RIO DRIVE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2001 Page 3 COUNTY, FLORIDA TO PLACE THE NAMED ACCESS/DRIVEWAY ON THE OFFICIAL MAPS OF RECORDS; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to adopt Resolution No. 01-37, Officially Naming Puerto Del Rio Drive. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. AUDIENCE TO BE HEARD: Mr. Kenneth Lee Renwick, owner of Kenny Lee Appliances submitted a handout regarding the hardship to beachside businesses due to the SR Al A lane closure in the Patrick Air Force Base area. The outline expressed local business sentiment on how they have been impacted by these lane closures. Mr. Renwick stated that he was speaking on behalf of local businesses for assistance from the Council with the following proposals: 1) Simplified outdoor entertainment permitting 2) Temporary waiver of ordinances that limit signage Mayor Randels asked for the length of time for a waiver. Mr. Lee responded that the group desired to know if they had City Council's support before proceeding, but at least as long as the South Patrick lanes are closed. Mr. Boucher stated that an outdoor entertainment needed 30 days and review from Police and Fire Departments. Mr. Lee replied that the plan is to gain Council's support through a temporary waiver in order to help businesses develop events to attract customers. Mr. Renwick suggested that non -perishables be donated instead of fees to enter the car show idea in order to reestablish local community food bank. Mr. Brans related the lack of patronage that he had seen in the business community. Council appointed Mr. Boucher as the liaison for the City as well as the Business and Cultural Development Board to work with the group. Mayor Randels expressed his thanks for the ideas. Mr. Weber extended his personal support as well. Ms. Nora Katerino requested a specific reduction of the sign ordinance in order to further promote businesses. The effect of this reduction would allow for display of inventory on business property. Mr. Leo Nicholas expressed caution in that a temporary relief may become a permanent relief. Mr. Lee replied to Mayor Pro Tem Petsos that he would also approach the County with his proposal. Mr. Frank Kuhns asked if the reduction in sign regulations would continue for the duration of the SR A1A lane closure at Patrick Air Force Base. Mr. Bruns explained that the Patrick Air Force Base road would be closed indefinitely due to the stringent security measures in that area. Mayor Randels said that Mr. Lee could state the necessary duration in his proposal as until the lane opens or for a period of 60 days. Mr. Kuhns expressed that he did not desire to see diminished aesthetics in the business area due to a reduction in sign regulations. In summary, the Council expressed its willingness to assist the local businesses during this time of financial hardship. Mayor Randels called for a brief recess. REPORTS: City Manager Mr. Boucher announced the Market Megaplace on October 25th that is a networking opportunity for businesses as well as the Merritt Square Mall business expo. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2001 Page 4 Mr. Boucher reported that Mayor Randels has been working with the Beautification Board providing plans for the Bennix funds. Mayor Randels related these ideas: o Prepare for Mr. Bennix' dedication for Washington Avenue park o North and South A1A entrance signs o Veterans Park enhancements — replace missing shrubbery o City Hall landscaping o Banana River, Manatee Park and Ridgewood Avenue entrance signs o Jefferson Villas • Mr. Boucher reported that the Recreation Board is looking toward uses for the Port property leased by the City on the northwest side of A1A. Mr. Boucher would need to meet with the Port due to lack of access to the area. • Mr. Boucher announced that the Manatee Park Boardwalk is near completion and encouraged Council to visit the site. • Mr. Boucher reported that the City received the reimbursement check from the Florida Department of Transportation for the Porter Bridge in the amount of $38,000. He will request a design proposal from Stottler, Stagg and Associates for the west side bridge. • Mr. Boucher reported on a local house fire on Friday aftemoon. 2. Staff City Clerk • Mrs. Stills reported on the Florida City Government Week activity with the Cape View Elementary School 5h grade class. This year's election candidates would be invited for a question and answer session with the class and the Supervisor of Elections office would demonstrate the voting process. Audience Mr. Nicholas spoke on increased trash in the areas of Magnolia and Polk Avenues as well as some other areas. Staff will investigate the streets in question. 3. City Council Mr. Weber Mr. Weber requested to include Board agendas on his CD in order to reduce paper consumption. Mr. Weber referred to an article by Betty Hutchinson on the history of the Beautification Board. Mr. Treverton • Mr. Treverton requested to use the administrative features in the eBetter Place Civic Track. • Mr. Treverton thanked staff for the survey on the utility late fees. He expressed that Cape Canaveral's fee is rather high and that he would like to see it reduced. Attorney McQuagge pointed out that the high cost of Cape Canaveral's fee might deter frequent late payments that other cities may incur. Staff was directed to look into the bad debt ratios of the other communities that have the low rate fee. City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2001 Page 5 Mr. Bruns • Mr. Bruns reported on drug-related incidents in the Hayes and Ridgewood Avenue area. He requested that law enforcement investigate. • Mr. Bruns also reported on drug-related incidents in the 300-400 Block of Buchanan Avenue. He requested that the precinct investigate. • Mr. Brans expressed approval of the Washington Avenue sidewalk. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos reported on a drug related incident at the Cocoa Beach Jr./Sr. High School due to trumpet lily plants. Mayor Pro Tem Petsos suggested a program to provide a replacement tree when law enforcement removes these plants from private residences. City Council directed staff to proceed with this program. • Mayor Pro Tem Petsos requested the City's participation in the Melbourne Veterans Day parade on November 1 ott' in the form of a City vehicle. Staff can call 727-1776 for an application. • Mayor Pro Tem Petsos requested further discussion on the Rave ordinance. Council agreed by majority to review a similar an ordinance for the City. • Mayor Pro Tem Petsos reported on a company that provides tax recovery on major construction projects at no cost to the City. Funds are recovered in sales tax paid. • Mayor Pro Tem Petsos questioned about the street lighting master plan. Mr. Boucher replied that the plan was instituted some years ago with the100 street light installation program. Staff will update the street lighting plan • Mayor Pro Tem Petsos referred to the storm water marker project distribution bags. Mr. Boucher briefly outlined the project and Public Works would coordinate volunteer participation. Council will seek volunteers and schedule a date. Mayor Randels • Mayor Randels requested input of any items for the Chamber of Commerce legislative list. Mayor Pro Tem Petsos suggested redefining the sales of fireworks. • Mayor Randels reported that the Chamber also requested any interest on redistricting District 15 as Brevard County only. Staff will research. • Mayor Randels reported on the success of citizen involvement in removing criminals from the streets and how the Sheriffs Department has taken positive action. • Mayor Randels reported on upgraded advertising position in the local Press -Tribune. • Mayor Randels reported on the facsimile regarding the upcoming legislative session that has two points of focus: to charge everyone six percent across the board or to make adjustments to individual business areas. • Mayor Randels announced the farewell of Doug Kurtz, Agricultural Agent on November 9h due to diminished State recycling grant funding. • Mayor Randels announced that St. John's Water Management District would hold their meeting at the Radisson on Thursday, October 25th at 7 P.M. • Mayor Randels reported that he served on the cross -state feasibility study that found our area not ready for high-speed rail. • Mayor Randels reported that Good Will agency is Central Florida's second largest employment agency City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2001 Page 6 ADJOURNMENT: There being no further business the meeting adjourned at 8:28 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 11-20-01 AGENDA REPORT AGENDA Heading Consent [tem 2 No. Resolution No. 0 1 -41 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 01-41, REAPPOINTING TWO REGULAR MEMBERS TO THE BEAUTIFICATION BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the reappointment of Mrs. Mary Jo Laws and Mr. Leo Nicholas as regular members of the Beautification Board. Summary Explanation & Background: N/A Exhibits Attached: Resolution No. 0 1 -41 City Mans Office Department LEGISLATIVE Y vwu�wpwuuiuuucuuuceun�GWIUI-GV-V11Vt-41 AOC RESOLUTION NO. 01-41 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING TWO REGULAR MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 2-181 established the Beautification Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Leo Nicholas and Mary Jo Laws are hereby reappointed as regular members of the Beautification Board of the City of Cape Canaveral, Florida, with terms to expire on November 1, 2003. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 2001 ATTEST: Rocky Randels, MAYOR Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY \\cape-nt\cityclerk\cityclk\resolutions\boards\reappointments\beautification.doc FOR AGAINST 232 Circle Drive Cape Canaveral, FL 32920 Dear Ms. Laws: City of Cape Canaveral Your term on the Beautification Board expires this month. Please check the box that indicates your desire to continue to serve on the Board and return this notice immediately to your Board secretary. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, November 20tH Thank you. X I DO wish to be considered for reappointment. O 1 DO NOT wish to be considered for reappointment. Z,L�ff 6(Signature) Beautific oard Member 'j Sincerely, SusanIti s; CMC CITY CLERK 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 e FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net P.O. Box 582 Cape Canaveral, FL 32920 Dear Mr,_oTas City of Cape Canaveral Your term on the Beautification Board expires this month. Please check the box that indicates your desire to continue to serve on the Board and return this notice immediately to your Board secretary. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, November 201n Thank you. 1 DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) Beautification Board, Vice Chairperson Sincerely, Susan Stills, CMC CITY CLERK 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net Meeting Type: Regular Meeting Date: 11-20-01 AGENDA REPORT AGENDA Heading Consent Item 3 No. Resolution No. 01-42 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 01-42, APPOINTING A REGULAR MEMBER AND A FIRST ALTERNATE MEMBER TO THE LIBRARY BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the appointment of Mrs. June Bell as a regular member and Mrs. Evelin Reid as first alternate member of the Library Board. Summary, Explanation & Background: N/A Exhibits Attached: Resolution No. 01-42 City Manajj�r's Office Department LEGISLATIVE c ntUum\mydocu ents\adthm \meeting\2001 \ I 1-20-01 \01-42. doc I--: EES CAPE CANAE SEPAL L I BPAP',- 407 868 1103 P.02 St. Gregory, ?'haumaturgus Roman Catholic Church 136 West Main Street North East, PA 16428 Tel. (814) 725-9691 Fax (814) 725-1225 October 26, 2001 Mrs. Isabel Matos-Escapa Library Director Brevard County Library System Cape Canaveral Public Library 201 Polk Avenue Cape Canaveral, FL 32920-3067 Dear Mrs. Esc:apa, DISTRIltt TION fv{ayc>r ------ city Courcl ✓ city ,��;;�.__—_ ✓ Cit,, Atty. h-1---- —., Dir. - -. - •brn�ti ,.- I am writing to inform you that Geraldine Vavrek is no longer a resident of Cape Canaveral and will no longer be able to serve on your library board. Geraldine is now a resident at St_ Mary's Home of Erie. Her new address is: 607 East 26h Street, Erie, PA 16504. Gerry has spoken very warmly of her relationship with the library and her association with the library board. I am sure that she will miss working with you. Sincerely in Christ. Rev. Thomas L_ Ty er POA TOTAL P.02 RESOLUTION NO. 0142 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER AND ONE FIRST ALTERNTE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 46-26, established the Library Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint one Regular Member and one First Alternate Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. June Bell is hereby appointed as a Regular Member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2003. SECTION 2. Evelin Reid is hereby appointed as a First Alternate Member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2003. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of November, 2001. ATTEST: Rocky Randels, MAYOR Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY l\Cape-nt\,cityclerk\CityClk\ResolutionsOOARDS\Appointments\Litxary Reg & Alt.doc FOR AGAINST Meeting Type: Regular Meeting Date: 11-10-01 AGENDA REPORT AGENDA Heading Consent [tem 4 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF (7) 800 MHZ RADIOS FROM COMMUNICATIONS INTERNATIONAL, INC. IN THE AMOUNT OF $14,982.24 DEPT./DIVISION: PUBLIC SAFETY/FIRE DEPARTMENT Requested Action: City Council consider the cooperative purchase of (7) MHZ radios as recommended by the fire chief, from Communications International, Inc. in the amount of $14,982.24. Summary Explanation & Background: This is a budgeted item, and I support the fire chief's recommendation to purchase (7) 800 MHZ radios from Communications International, Inc. in the amount of $14,982.24 utilizing the Brevard County contract. Exhibits Attached: Purchase Quote City Merger's Office Department PUBLIC SAFETY/FIRE DEPT. 7 k' \m pe -n im ydocum nt counctl\meetmg\2 0l\11-20-01\radios.com CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT REPAIRIPURCHASE i,EQUEST AuTH0RIZATI0_N CITY Date: 11/02/2001 Request: (7) 80OMHZ Radios and Lapel Mics Location: CCVFD Trucks COMPANY NAME - MAKE CHECK PAYABLE TO AMOUNT COMMUNICATION INTERNATIONAL $14,982.24 sole source 6 ae_vc' Q j C00.44 LelhzaJ 01-00(_)3> RECOMMEND PURCHASE FROM: Name: COMMUNICATION INTERNATIONAL Address: 4450 US HIGHWAY 1 VERO BEACH, FL 32967 SUBMITTED BY: CCVFD WORK/PURCHASE APPROVED: Name P.O. #: Issued to: Fire Chief Title Date PAGE 01 ._OMMUNICATION S INT'L INC. LsdtN MM GMMY IF - COMEAte IMUM 4450 IIS Highway 1, Vero Beach, FL 32967 Toll Free: 1 -BSS -27S-4244 Brvnrd VARM, F. V_ olnAa Cooaty, FL Tamoa FL 407-636-9885 904-761-9999 813-987-1888 C911ier IMUry_ FL 941-430-3892 954-%7-4349 804-845-3170 Name. City of Cape Canaveral Attention: Chief Sargeant Address: Phone: 321-783-4424 cily' sem: Fax: 321-783-4887 zip., Date: November 9, 2001 1 6 HA8VSX Jaguar 700P,Scan Portable -128 system Group -pro Voice $1,617.00 59,702.00 2 7 HACC Emergency &_ Dynamic Regroup S150,00 $1,050.00 3 7 HANCIK 500 Mhz Portable Ankuna $14.00 $98.00 4 7 BKB191210/4-lag extra high capacity battery $85.00 $595.00 5 7 HAHC7P BClt Clip $11.25 $78.75 6 7 Vendor ProVammning $32.50 5227.50 7 7 HACH9E Single Unit Rapid Charger $86.25 5603.75 8 1 HASVTX Jaguar 700P, System Portable -128 Sys.Group-PmVoice $1,797,001 $1,797.00 9 j 9 1 V2-10154 JOTTO 1 lwc� COW, Volume Control, $90.861 5817.74 10 I I I Shipping I $12.50+ $12.50 Note Order To: Cammwatitadion International A minimum 55.00 ahippmg and haadlmg charge; applies m ordwfi t Aidwg lean than 5500. MeaafWhU=V pricce ere 9abjWt m dheago without notioe_ PMsented by Dick Blair Title M9r. Customer Svc. Prices in effect for Sour= Sub Total $14,982.24 Saks Tax TOTAL $14,982.24 Balance D�WL S 14 982.24 Proposal #1 DB1086 Meeting Type: Regular Meeting Date: 11-20-01 AGENDA REPORT AGENDA Heading Consent Item 5 No. I recommend approval. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF A DEFIBRILLATOR AND UPGRADE KIT FROM MEDTRONIC PHYSIO CONTROL CORPORATION IN THE AMOUNT OF $9,612.60 DEPT./DIVISION: PUBLIC SAFETY/FIRE DEPARTMENT Requested Action: City Council consider the cooperative purchase of one new defibrillator unit and an upgrade kit for an existing unit in the amount of $9,612.60 to Medtronic Physio Control Corporation as recommended by the fire chief. Summary Explanation & Background: This is a budgeted item, utilizing the State of Florida SNAPS contract. This price reflects one-half of the cost; the port authority will pay the balance. I recommend approval. Exhibits Attached: Purchase information City Mana Office Department PUBLIC SAFETY/FIRE DEPARTMENT cape- ydocumen s\ad ncil\meeting\2001\11-20-01\defibnllator.doc .• " � • � � � v V � � a . t .] � v : � .� � � J v v !a LL s 1 � V .. s \. �_l i a J � v .. i . � � . \ v �. PHYSIO -CONTROL DATE: 10/24/2001 TO: Troy Borden Cape Canaveral Fire Rescue Phone: (321) 783-4777 Fax: (321) 783.5396 FROM: Sales Quotation for Susan Cote Field Sales OOH SP4 FAX: (4.25) 867-4146 RE: Request for Information Medtronto Physio -Control Corp. 11811 Willows Road N9 P.O. Box 07023 Redmond, WA 98073-9723 11.8.A w W w. phy6o cof l tro 1. CO m wwW.Rl9dtrW1C.CJm tel 800.442-1142 faX 426.867.4146 Number of pages transmitted (Including cover page): v If you have any problems receiving this facsimile transmission or if you have any other questions regarding this quotation, please call the above -listed number. CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT REPAIR/PURCHASE REQUEST AUTHORIZATION CITY Date: 11/02/2001 Request: '/z Replace / Upgrade existing Defibrilators (Capital Budget) Location: CCVFD Vehicles COMPANY NAME - MAKE CHECK PAYABLE TO AMOUNT MEDTRONIC PHYSIO -CONTROL CORP $9,612.60 SNAPS 11,4651957-2 RECOMMEND PURCHASE FROM: Name: MEDTRONIC PHYSIO CONTROL CORP Address: P O BOX 97023 REDMOND, WA 98073-9723 SUBMITTED BY: _ Fire Chief CCVFD Title WOR K/PURC.ASF-APPROVED: ��/�:X Date P.O. #: Issued to: lU, 44. LUul tits: J4 rA1 %UU 7 JY 09515 .11t:lITKUNlc: YHYSIU-(;UN'1'KUL it UU2 Medtronic PHYSIC -CONTROL Ta Troy Borden Cape Canaveral FIre3 ReSCUa 190 Jackson Ave Cape Canaveral, FL 32920 Fax (321) 793-5398 Phone- (321) 783-4777 Comact SNAPS II, 4651957-2 IAecitronle Physio-Controi Corp. 1 3U117tt0•B 11811 WitctivsAved NE 2 P_0. Bm JX23 $1,105.00 Radrnond. 'NA 98073.3723 U -SA $5,000.00 www. p hyai000n trd. Com deflbriiator with Adaptiv/Biphasic www.medlroni-'.cora tel e00.d421142 t8x 425.857.x746 QIpte#; 1-G61 L Rev#: t Quote Date: 10r24P200t Sales Consultant Susan Cote AVAILABLE IN 2 -SUTTON OR 3 -BUTTON 800-442-1142 x 2485 FOB: Destination Shipping: 30-45 Days Terms: Net 30 Exp Date; 12/02/2001 1 3U117tt0•B UFEPAK 500 automated external 2 53,605.00 $1,105.00 $2,500.06 $5,000.00 deflbriiator with Adaptiv/Biphasic waveform AVAILABLE IN 2 -SUTTON OR 3 -BUTTON OPERATION (PLEASE SPECIFY AT TIME OF ORDER). Includes one par QUIK-COMBO pacing/defibrlilation/ECG electrodes with REDt- PAK preconnect system, ops instrUcdor+.s, insvc video. Note. batteries not induded. 2 LP300 Trade -In value for UFEPAK 300 1 $0-00 5500.00 -5500.00 4500.00 defi brlllator/monitor 3 3005360-326 lithium battery Pak 2 $210.00 S18.10 5191.90 5383.80 nonrechargeabie Itthium battery. 4 3005343 Cornoets carrying cow 2 $113.00 $10.40 $102.60 $20520 5 803499-09 OUIK-COLLO Putient Simulator 1 $425.00 $40.25 $384.75 S3114.75 Total for this Quote: S5,473.75 Discount Summary SNAPS II, 4651957-2 Contract Discount, $2.307.25 Trade4ns: $500.00 $2,807.25 ABOVE PRICING VALID ONLY IF QUOTE IS PURCHASED 1N ITS ENTIRETY. (OPTIONAL ITEMS NOT REQUIRED). IF QUOTE REFLECTS TRADE-IN VALUES,CUSTOMER ASSUMES RESPONSIBILITY FOR SHIPMENT OF TRADE-IN UNITS TO MEDTRONIC ?HYSIO-CONTROL. -r�rAL_x/922 Zv 3 ALL l I% V. N l�_ L Ll 1 J 1 V V J Total for this Quote: Discount Sunmsry SNAPS 11, 4651857.2 Contract Discount; Trade-ins: Si ,698.55 55.000.00 $9,299.95 � 19 Ct .9 3 Physio -Control Corp. i1811xonic 1, B11 vroows Road NE P.O. Box 97023 Redmond, WA 98073-3723 U.$.A MeMMMIC www.mwwwrhysledtronmian=.cofn .com PHYSIO -CONTROL tel 300.4421142 fax 425,S67.4146 To. Quoto#: 10819 Troy Borden Quote Date: 1 10/24/2001 l F Cape Canaveral Rescue Sales Consultant: Susan Cote 1 BO Jackson Ave x 2485 Cape Canaveral, FL 32920 FOB: Destination Destination Fax. (321) 783-5396 Phone: (321) 783-4777 Shipping, 30.45 0flys Terms: Net 30 Contract SNAPS II, 4651957-2 Exp Date: 12/0212001 ne aly Unit Price Unit Df5C U11 it N,2t Price Total; 1 LP12BIPHASIC LIFEPAK 12 defib/monitor w/Adaptiv 1 $9,w5.00 $939.75 $8,925.25 $8,925.25 Biphasic waveform LIFEPAK 12: manual deflorflatton with Adaptiv Biphasic waveform. 3 load ECG cable, QJIK- COM80 therapy cable, 3 pack EGG eiectrodes, 3 rolls paper and operating instructions (batteries, carry case and Standard hard paddles not included). 2 LP 10 Trade-in value for LIFEPAK 10 1 $0.00 55,000.00 •55,000.00 -55.400.00 deli brll latodmonito r 3 L?12AED AED Option for the LIFEPAK 12 1 $0.00 $0.00 SO -00 50.00 4 LPI2PACING Nonhwasive Pacing 1 51,575.00 $150.00 51,425.00 $1,425.00 5 LP12SP02 Sp02Pu19e01dmetry 1 $1,313.00 $125.50 $1,187.50 $1,187-50 Includes Oft cable and sensor sample pack 6 3609376 LIFEPAK NiCad battery with fuel gauge 1.7 2 $190.00 $9.50 $180.50 $381.03 Amp Rechargeable nickel-cadium 7 3011086-04 Basic Carrying Case 1 $134.00 $12.40 $121.60 $121.60 For the LP12. Inokrdes shoulder strap, right pouch and front cover. 8 3010266-02 Left Pouch 1 536.00 $2.45 $27.55 $27.55 9 3011087-04 Back pouch - Large 1 $41.00 $3.95 $37.05 $37.05 10 LP12-POS Point of Sale bervtca agreement for 1 $900.00 $0.00 $900.00 5800 -CO LIFEPAK 12 unit Price per unit/per year (contact rep for datails). 11 BSS2 Battery Support System 2 1 $1,785.00 $170.00 $1,615.00 $1,615.00 Includes power cord and operating instruction (batteries not included) 12 BSS Trade-in value for old battery support 1 $0.00 50.00 -$300.00 4300.00 "ern Total for this Quote: Discount Sunmsry SNAPS 11, 4651857.2 Contract Discount; Trade-ins: Si ,698.55 55.000.00 $9,299.95 � 19 Ct .9 3 . v z v u l v J v v i :i1 J U V • J G V a .i V :1 G L 1 11 •J :\ 1 \. C n 1 J 1 V -1 U-•! f- -- L It,- V V Y 56,6738.55 ; � - �ptlQnsl Products: 13 LPI2NIBP Noninvaetvs Blood Pres5ur9 (NIBP) $2,888.00 50,00 $2,312.50 $2,612.50 InGud0S 9 $11056 and reusable aduf: Cutf 14 UPGRADE-NIBP SERVICE UPGRADE 1 $0.00 $O.bO $2,739.00 52,73.00 i ABO PRICING VALID ONLY iF QUOTE IS PURCHASED IN CTS ENTIRETY. ',OPTIONAL ITEMS NOT REQ(JIREU)- IF QUOTE REFLECTS TRADE-IN VALUES,CUSTOMER ASSUMES RESPONSIBILITY nR SHPI,AENT OFTRADE-IN UNITS TO MEDTRONIC PHYSIO -CONTROL. THE NIB? UPGRADE IS ON A SERVICE CONTRACT DISCOUNT. 4 TERMS OF SALE General Terms Physio-contrcl acceptance of the Buyer's order is expressly Conditioned on the Buyers assent -0 tate tells seifottft in this document and its attachments. Physio Controi agrees to furnish the go: ds and services ordered oy the Buyer only on these terms, and the Buyers acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by the Buyer. These terms constitute the complete agrearrWt between the parties and they shall govern any conflicting or ambtgUOus terms on the Buyer's purchase order or on otter documents submitted to physio -Control by the Buyer. These terms may not be revised in ary rmartner without the prior written consent of an officer of Physic -Control, Pricing Unless otherwise indicated in thls document, prices of goods and services covered by this document shall be Physio -Control standard prices in effect at the time of delivery- Prices do not include freight insurance, freight forwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind applicable to the goods and Services covered by this document. Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services covered by this document unless Physio -Control receives a copy of a vaW state exemption certificate prior to delivery. Please forward your tax exemption certificate to the Physio -Control Tax Department, P.O. Eox 97006, Redmond, Washington 98073-9706. m Payment Unless Otherwise indicated In this document or otlarwise confirmed by Physio -Control In wridng, paymert for goods and services supplied by Physio -Control shall be subject to following terms: Domestic (USA) Sales Upon approval of credit by Physic -Control, 100% of invoice due thirty (30) days after involca date International sales Sight draft or acceptable (confrmed+ irrevocable letter of credit. Physlo-Control may change the terms of payment at any time prior to deiivery by providing wriiten notice to the Buyer. Physio-COntrol reserves the right to charge a 15% restocking fee for returns. Delvery Unless other✓✓ise indicated in this document, delivery shall W Fob Physto-Control point of shipmont and tide and risK of loss shall pass to the Buyer at that point. Pahial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms. In the absence of shipping instructions from the Buyer, Physlo-Control will obtain transportation on the Buyer's behalf aril for the Buyer's account. Delays Daiivery dates are approximate. Physjo GontroI wig not be liable for any loss or damage of any kind due to delays in deCvery or non- delivery resulting from any cause beyond its reasonable control, Including but not limited to, acts of God, labor disputes, the recuirements of any governmental authority, was, civil unrest, delays In manufacture, obtaining any squired license or permit. and Phys"ontrol inablllty to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physlo-Control and the Buyer's agreement and the delivery dates shall be extended %. r the length of such delay. Inspections Claims by the Buyer for damage to or shortage of goods delivered shall be made within thirty (30) days after shipment by providing Physio -Control with written notice of any deficiency. Payment is not oontingeni upon Immediate correction of any deficiencies and Physio -Control prior approval is required before the return of any goods to Physio -Control. Warranty Physio-Convol warrants Its products in accordance with the terns of the standard Physio -Control product warranty applicable to tha product to be suppled, and the remedies provided under such warranty shall be the Buyer's sole and exclusive remedies. Physic - Control makes no other warranties, express or implied. Including. rwthout limitation, NO WAnRIINTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN No EVENT SHALL PHYSIO -CONTROL BE UABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. Patent Indemnity Upon tecelpt of prompt notice from the Buyer and with the Buyer's authority and assistance, Physlo-Con,~,ol agrees to defend, indemnify and hold the Buyer harmless against any ciaim that the Physio -Control products covered by this document directly Infringe any United States of America patent. Miscellaneous a) The Buyer agrees that products purchased hereunder will nct be reshipped or resold 10 any person or places prohibited by the laws of the United States of America. b) Throgh its purchase of Physio -Control products, the Buyer does not acquire any interest in any tooling, drawing, design information, computer programming, patents or copyrighted or confidential Information related to said products, and Ina iluye, expressly agrees not to reverse engineer or decompile such products or related software and Informat:On. c) The rights and obligations of Physio -Control and the Buyer related to me purchase and Sala of products and services described in this docLiment shall be governed by the Laws of the state of Washington, United States of America. Al! costs and expenses Incurred by Physlo-Control related to enforcement of its rights under this document, includlrg reasonable attorneys fees, shall be re'.mburseci by the Buyer. EFFECTIVE 10,93 Meeting Type: Regular Meeting Date: 11-20-01 AGENDA REPORT AGENDA Heading Consent Item 6 No. recover these costs per Code Section 38-93. FDEP has been informed and reviewed the clean-up proposal. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: ENVIRONMENTAL CLEAN-UP OF JAMIESON PROPERTY IN THE AMOUNT OF $22,000 TO DALEY ENVIRONMENTAL SERVICES, INC. DEPT./DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider waiving the formal bid process to expedite the environmental clean-up of the Jamieson property, as recommended by the public works director and by order of the fire chief, to Daley Environmental Services, Inc. in the amount not to exceed $22,000. Summary Explanation & Background: See attached memo from the public works director. The city will have to initially pay for the clean-up and recover these costs per Code Section 38-93. FDEP has been informed and reviewed the clean-up proposal. I recommend approval. Exhibits Attached: Public works director's memo and supporting documentation City Mana ffiee Department PUBLIC WORKS/WWTP cape-nt\ktm\mydocume m\council\meetmg\2001111-20-01\jamieson.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 6, 2001 RE: City Council Agenda item for November 201h Petroleum Remediation of the Jamieson Property by Daley Environmental Services, Inc. On September 13, 2001, Prime Construction was given a notice to proceed by the Public Works department for the construction of the Force Main and Gravity Sewer Project approved by City Council. On September 17th, Prime Construction mobilized and commenced the land clearing process within the City's easement on the Jamieson property. On this day, the contractor located old rusted out drums. One rusted drum located contained about 10-15 gallons of kerosene. On September 201h, Prime construction demobilized until after the clean up and authorization by DEP allowing the City to proceed with the project. The Public Works Director contacted the property owner, Ms. Jamieson, and requested that the contaminated materials be removed. Ms. Jamieson stated that she did not have the funds for the clean up. On September 27th, the City of Cape Canaveral received a memorandum from the Cape Canaveral Fire Department ordering that the City of Cape Canaveral take immediate action per City Ordinance 38-91. It is understood that the cost of this cleanup is the responsibility of the property owner. The Public Works Director, in accordance to the City's Purchasing Policy quotes were requested from locate licensed contractors and a purchased order was awarded to Daley Environmental Services, Inc. for the testing and removal of the kerosene drums in the amount of $3,500. As a requirement of DEP, a second ground water test was required and this test revealed additional surface ground water contamination. As the result of additional contamination, attached is a proposal Daley Environmental Services, Inc. for the additional cleanup. This proposal has been reviewed and approved by the Department of Environmental Protection. The scheduling of this additional work will be mid January. Hence, the construction of the sewer line by Prime Construction is on hold. A copy of this agenda item has been forwarded to Ms. Jamieson. Recommend the approval of the cleanup by Daley Environmental Services, Inc in the amount not to exceed �, the appropriation of the necessary funds and waving the bidding process. Jeb Bush Gc rernor Department of Environmental Protection Ed Gardulski Pub tic Works Director Cih of Cape Canaveral 105 Polk ,Avenue Post Office Box 326 Cape Canaveral, Florida 32920-0326 Dear Mr. Gardulski: Central District 3319 Maguire Boulevard, Suite 232 Orlando. Florida 32803-3767 October 9, 2001 Brevard County - HW Jamieson Property Cleanup Proposal • a -90-i*1 40 a David B. Struhs Secreary y t 'per - 9 2001 I have reviewed the proposal provided by Daley Environmental Services, Inc. The proposal indicates the petroleum product that spilled came from a drum. I was under the impression that the petroleum came from a smudge pot. If the petroleum product carne from a drum then I would not expect it to be contaminated with other chemicals. If the petroleum spilled from a smudge pot then there is a chance that other chemicals have been maxed in with the petroleum. if th troleum spilled from 'th the following ret , The soil must be sampled for petroleum constituents prior to excavation to determtine what contaminants are present. Following excavation, confirmatory samples must be taken of the side walls and, if you have not encountered ground water, the bottom of the excavated area. You should test for contaminants known to exist based on the initial sampling event. If confirtrtatory samples are not taken, the Department will not be able to agree with any conclusion that the contamination has been adequately addressed_ The ground water monitoring well should be tested for the contaminants detected in the soil sample. If tho petroleum spilled from a smudge pot, then the proposal must be modified as above but also needs to include sampling of the soils and, if necessary, ground water for pesticides. In the interest of protecting your staff and persons removing the contaminated soil, it is best to over test and ensure they are not exposed to toxic substances that could have been avoided. 1w Sincerely, C�Lam, John White Environmental Specialist "More Protection, Less Process' prk"d an reerckd paper_ FAX h!0.Sep. �5 201 04:'�P.PM P1 CAPE � �r ` F RE V LUN7EER FIRE DEPARTMENT, INC. Seaming th(,, fYA, nt C ape Crrnzuera1 & Crfiia-z,ernl I'u;r,4utlior ry MEMORANDUM SEP 2 7 2001, To: Ed Gardulski, Public Works Director From: David J. Sargeant, Fire Chief (J 1 Date: 26 September 2001 f Re: Jamison Property on Oak Lane As per our conversation, the barrels at the end of this read are still leaking and need immediate mitigation. Per the City ordinance, 38-91, 1 am hereby ordering ypu to take immediate action to Mitigate and clean up this site. As per 3"-,43, you are entitled to recover any funds spent from this clean up from the responsible party. Thank you in advance for your attention to this matter. Station #I 190 JACKSON ANTNUE . CAPE CANAVERAL, FLORIDA 32924 . (407) 7834777 . FAX: (447) 783-5398 Station T`2 8970 COLLlAIBIA ROAD s CAPE CA-NAVERAL, FLORIDA_ 32920 • (407) 783-4424 6 FAX: (407)"783-4887 FIRE PREVENTION AND PROTECTION protective, disposable or standard use). Costs shall further include overhead costs and indirect ex- pense allocable to the foregoing costs. Discharge shall mean any intentional or unin- tentional action or omission resulting in the re- leasing, spilling, pumping, pouring, emitting, emp- tying or dumping of a hazardous substance upon public or private property located within the cor- porate limits of the city. Hazardous substance shall mean any substance or material in a quantity or form, which, in the determination of the fire chief or his authorized designee, poses an unreasonable and eminent risk to the life, health, safety or welfare of persons or property within the city and shall include, but not be limited to, any hazardous substance listed in the National Fire Protection Association Guide on Hazardous Materials or the U.S. Environmental Protection Agency's lists of extremely hazardous substances or the "Florida Substance List" pro- mulgated by the State of Florida Department of Labor and Employment Security. (Ord. No. 19-94, § 1, 6-21-94) Sec. 38-91. Cleanup and abatement. (a) The fire department is hereby authorized to take such steps as are necessary to clean up, re- move or abate the effects of any hazardous sub- stances discharged upon or into public or private property or facilities located within the corporate limits of the city. (b) Any person who, without legal justification, discharges, participates or assists in the discharge or authorizes the discharge of any hazardous sub- stance that requires cleanup, removal or abate- ment by the fire department or its contractors shall be liable to the city for the costs incurred by the city in the cleanup, removal or abatement of any such discharge. In the event that more than one person has made a discharge, participated in the discharge or authorized the discharge of a haz- ardous substance, each such person shall be joint- ly and severally liable for costs incurred in the cleanup, removal or abatement of such discharge. (c) The fire department shall keep a detailed record of any costs incurred in the cleanup, re- moval or abatement of discharge of any hazard- ous substance. Supp. No. 1 § 38-93 (d) The intrusion into a canal, pond, lake or other waterway by an automotive vehicle shall constitute a discharge of hazardous substance de- scribed in section 38-90 due to the release of hy- drocarbon materials. In the event of such intru- sion, the fire department shall deploy its dive rescue team to assist in the vehicle's removal in order to reduce environmental damage. A fee of $100.00 shall be included as costs assessed against the person responsible for such discharge. (Ord. No. 19-94, § 1, 6-21-94) Sec. 38-92. Reserved. Sec. 38-93. Cost recovery; penalties; other remedies. (a) Any person responsible for discharging, par- ticipating or assisting in the discharge or autho- rizing the discharge of a hazardous substance shall reimburse the city for the full amount of all costs associated with the cleanup, removal or abate- ment of any such discharge within a period of 30 days after receipt of an itemized bill for such costs from the city. (b) The remedy provided for in this section shall be supplemental and in addition to all other avail- able remedies at law and equity. (c) Funds recovered pursuant to this section shall be allocated to the city departments which incurred costs in the cleanup, removal or abate- ment of the discharge of a hazardous substance. It is the intent of this article that levels of response equipment and inventories and city funds be re- plenished to levels which existed prior to the city's response to a discharge of hazardous substances. (Ord. No. 19-94, § 1, 6-21-94) CD38:9 nE�S Daley Environmental Servicesinc. 696 Millwheel Drive Merritt Island, FL 32952 City of Cape Canaveral Director of Public Works 601 Thurm Blvd. Cape Canaveral, FL 32920 Attention: Ed Gardulski Reference: Petroleum Cleanup Jamieson Property Oak Lane Cape Canaveral, Florida DES Project No. 01-072-01 DES Report No. 1052 Dear Mr. Gardulski: Phone (321) 454-6899 Fax (321) 454-4319 November 3, 2001 Daley Environmental Services, Inc. (DES) has completed initial petroleum cleanup steps at the referenced site. The purpose of the project was to assess potential impacts to the soil and groundwater at the property in response a petroleum discharge identified along a proposed underground utility route. The project also included removal of debris and a kerosene drum from the site for disposal. Our investigation indicated the presence of petroleum compound impacts to the soil and groundwater in excess of state contaminant cleanup levels. We recommend additional petroleum cleanup steps as required by the Florida Administrative Code. We also recommend pre-treatment of impacted groundwater as the de -watering operation proceeds. We also recommend that petroleum impacted soil identified in the utility excavation be removed for proper treatment and disposal. We urge you to read the entire report and call if you have any questions. We have assembled our proposal for the recommended work. We are pleased to have been of service to you on this project and we look forward to a continued association. If you have any questions or require additional information, please call. Sincerely, DALEY ENVIRONMENTAL SERVICES, INC Thomas L. Daley, P.G. President PHF-CE HD. 4,274544Z19 Daley E@2 lInvironmental Servicasinc. 696 Mlllwheel Drive Merritt Island, Fl 32952 City Of Gape Canaveral Public Works Director Post -it* Fax Note 7 671 *-V- Iv-Z.-Av 1C 7h7 ---.s 6!e)- I�ZG.�% 1a Fox N i� 1 - t7 C/V3 % 40 Q_'(' 600 Tower Blvd. t r l' - % 2001 Cape Canaveral, FL 32920 Attention: Ed Gardulski Reference: Petroleum Remediation Jamieson Property Oak Lane Cape Canaveral, Florida DES Proposal No. P01-11-85 (Revised Nov- 7, 2001) Dear Mr. Gardulski: 07 2031 11 : SHM P1 ate. 1 �,,tc,g►t rom�"Q 3 t^ Phone (321) 454-6899 Fox (321) 454-4319 November 7, 2001 Daley Environmental Services, Inc. (DES) is pleased to submit this proposal to complete petroleum Remediation at the referenced site. The purpose of the project is remediate groundwater during a utility installation de-wateCing operation and remove for proper treatment/disposal petroteum- irnpacted soils excavated during the underground utility installation - Project Description During tend clearing operations at the referenced site in preparation for instalation of an underground sewer line several relic smudge pots and steel drums were located along the planned route. The area ion question is a worth -south segment of the utility line that lies along the east boundary of the Jamieson property to the northwest of Oak Lane. DES previously conducted a limited investigation where petroleum impacts to the soil and groundwaterwereidentified- Contaminated soil was excavated along the north -south segment, but additional contaminated soil remains. The level of petroleum impacts to the groundwaterwill require treatment of the discharge from the de -watering operation. Scope of Werk The project will include the following tasks: Installation and operation of a portable groundwater treatment system during a five-day period: three days of groundwater drawdown followed by two days during the excavation and installation process. As we discussed we will operate the system for this period while the installation process proceeds along the entire IMfoot north -south segment. Although the impacts appear to be limited to an area midway along the segment, the de -watering operation may cause migration of the oontaminated groundwater and in order to prevent potential discharge of petroleum -impacted groundwater the treatment system should treat all water recovered along the north -south segment. Page 14 of 3 F;.F'H . 71NL=(EHUIRDhI Z.(A-S PWDHE t1J. . 4074 44.'19 "Ja"-. ©r ?00"_ 11:3G -'IH DES Proposal No. P01-11-05 Novemt)er 7, 2001 • influent and effluent groundwater samples wiH be collected on a daily basis to insure that the treatment system is working properly and not allowing discharge of impacted groundwater. Three temporary monitor wells will be installed for collection of groundwater samples. The groundwater samples WN be analyzed for petroleum contaminants as confirmatory samples to assess whether Groundwater Cleanup Target Levels have been achieved. • DES personnel will observe the excavation process along the north -south segment Periodic soil samples will be collected and screened with an Organic Vapor Analyzer. Soils exhibiting a volatile organic concentration of greater than 50 parts per miNion will be segregated, enclosed in visquine for transportation to a licensed treatment facility for thermal treatment. • If excessively contaminated soils are removed for t)batment, confir+'natory soil samples will be collected for laboratory analysis_ The intent of the project to remechate al impacted soil and groundwater from the vicinity of the underground sewer line so that potential future remediation efforts will not require excavation in close proximity to the sewer line. • DES will arrange for the transportation of the contaminated soil to a licensed treatment facility for thermal treatment. • DES will coordinate with state and local regulatory aganaies to insure that the project complies with regulatory requirements. A written report will be completed outlining our investigation, findings, conclusions and recommendations. Schedule The freld work will require five days. A final report will be submittW to you 15 working days from completion of soil treatment. Cun-ently it appears that we could mobilize the field during the Hist week of January 2002. If this schedule needs to be amended or if special scheduling consideration is required, please advise us. Proposal We propose to complete the project in 0000rdance with this proposal including DES' attached General Conditions and the fee schadule outlined in Table I. The scope of work was based on our knowledge of the state regulatory requkements and experience at the site, additional work, if required will be invoiced at the rates in Table I, but only after authorized by you. We will not exceed the amount authorized in fable I without your concurrence. Please sign and return the attached Worts Authorization/Proposai Acceptance Form_ We are pleased to offer our environmental services to the City of Cape Canaveral and we are looking forward to the project. If you have any questions or require additional information, please call. Sincerely. •�t]ALLEY ENVIRONii1fA..f1 MAL SERVICES, INC. Thomas L. Daley, P.G. President enc. Page 2 of 3 F -111 --it] . IIF4LEY Ef-ilJ T ROI _l iC S PHONE H- , , 4p74544319 . I - � ov. 10-f '21=1611 11:73„7M PI- DES 3 DES Proposal No. P01-11-05 November 7, 2001 TABLE SCOPE OF WORK AND COST ESTIMATE �' ikL J JY iL42Z. 'Kf 1X yJF'tI rf59f/y4,:dt�(J �, q .Z Y� f yJ,•'"a+.}, t� R)rk It Rib ""i �, P'{' (�v �� :i'1.Sr �(+ , AR"U" .. K ry: < ; .� .J qe. �Yrr. �'9i:,', .� x S" •� R " .Y.r i ,ri.,'P' .k4 ✓ w✓ i.:Yj r% `�{?p,t�' r c}�."1 , � i��. r, f � �' ? 1. Groundwater Treatment 8 Days _ Portable water treatment system $1,200.00 $9,600.00 5 Each EPA L ethod 8021 analysts (VOA only) - 24-hour TAT $100.00 $500.00 5 Each EPA Method 8310 analysis -24-hour TAT $200.00 $1,000.00 1 Each Sampling Supplies $100.00 $100.00 5 Each Sample shipments $30.00 $160.00 5 Hours Project Geologist $60.00 $300.00 20 Hours Feld Technician $40.00 $800.00 Subtotal 1. $12,450.00 II. Soil Remediation 100 Tons Soil thermal treatment $29.00 $2,800.00 _100 Tons sol transportation - -- $15.00 $i,500.00 2 Days Organic Vapor Analyzer $115.00 $230.00 4 Each EPA Method 8021 analyses OA only) $70.00 $280.00 4 Each EPA Method 8310 ana $125.001 $500.00 4 Each EL -PRO analysoa $110,001 $440.00 1 Each SaffmAe shipment $30.00 $30.00 3 Each TempoMy Monitor wells $150.00 $450.00 3 Each EPA Method 0021 analyses (VOAs only) $60-00 $180.00 3 Each EPA Method 5310 analyses $125.00 $375.00 --1 Each -ch Sampling supplies $75.00 $75.00 1 lFa Visgrine $100.00 $100.00 8 hours Project Geologist $60.00 $490.00 20 Hours Field Technician $40.00 $000,00 Subtotal tl. $8,340.00 Ili. Project Manage ent & Report Preparation 2 Flours RegieWed Geo"ist - - f $80.00 $160.00 12 hours Project Geologist $60.00 $720.00 2 hours Draftsman $30.00 $$0.00 4 hours Secretary $25.00 $100.00 Subtotal 91, $1040.00 Total Estlrrlafta Cost I $21,8-InA0 Notes: This cost estimate does not include cost associated with the excavator/operator and the keder/operator as this is to be provided by the ut1ky contractor. A good Wh estimate of one hundred tons of contaminated sal has been made for the purposes of this proposal. You will be invoiced for the actual amount of contaminated soft removed br treatment, but a minimum charge of $900.00 levied by the treatment foo lity. Also transportation charges include a 20 -ton minimum per load. This proposal does not include costs associated with permitting related to de -watering or diacherge of the de -watering effluent vrator. Page 3 of 3 Eq2� DALEY ENVIRONMENTAL SERVICES, INC. GENERAL CONDITIONS SECTION 1: RESPONSIBILITIES 1.1 Daley Environmental Services, Inc heretofore referred to as the "Consultant" has the responsibility for providing the services described under the "Scope of Services" section. The work is to be perfonned according to accepted standards of care and is to be completed in a timely manner. 12 The Client or Duly Authorized Representative heretofore referred to, as the "Client" is responsible for providing the Consultant with a clear understanding of the project nature and scope. The Client shall provide the Consultant with adequate information, including but not limited to maps, site plans, reports, surveys and designs, to allow the Consultant to properly complete the specified services. The Client shall communicate changes in the nature and scope of the project as soon as possible during the performance of the work, so these changes can be incorporated into the work product SECTION 2: STANDARD OF CARE 2.1 Services performed by the Consultant under this Agreement are expected by the Client to be conducted in a manner with the level of care and skill ordinarily exercised by members of the Consultant's profession practicing contemporaneously under similar conditions in the locality of this project. No other warranty, expressed or implied, is made. If the services of the Consultant violate the warranty, Consultant will, at its cost, reperform such portion of services as necessary to comply with the foregoing warranty. If, in the sole discretion of the Consultant, reperformance is impracticable, Consultant will refund the amount of compensation paid for such services. This warranty is in lieu of all other warranties. No other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose, is made or intended by Consultant. No oral communications or discussions of services, including the Agreement, shall form a basis for liability of Consultant Consultant's representations are limited to those contained in the written report of Consultant's finding. In no event shall Consultant be liable for any special, indirect, incidental, or consequential loss or damages. 2.2 The Client recognizes that subsurface conditions may vary from those observed where borings, surveys, or other explorations were made, and that site conditions may vary with time. Data, interpretations, and recommendations made by the Consultant will be based solely on information available to the Client at the time of service. The Consultant is responsible for those data, interpretation, and recommendations, but will not be responsible for other parties' interpretation or use of the information developed. 2.3 All field tests or boring locations or other test locations described in reports or sketches are based on information provided by Consultant by third parties or estimates made by Consultant and Consultant's agents. Such dimensions, depths or elevations are recognized by Client to be approximations unless otherwise represented in writing in the report Consultant is not a professional land surveyor and sketches are approximate only. SECTION 3: SITE ACCESS AND CONDITIONS 3.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for the Consultant to perform the work set forth in this Agreement. The Client notifies any and all possessors of the project site that the Client has granted the Consultant free access to the site. The Consultant will take reasonable precautions to minimize damage to the site, but the Client understands that, in the normal course of work, damage may occur, and the correction of such damage is not part of this Agreement unless so specified in the proposal. 3.2 The Client is responsible for the accuracy of locations of all subterranean structures and utilities. The Consultant will take all reasonable precautions to avoid subterranean structures, and the Client waives any claims against the Consultant, and agrees to defend, indemnify, and holo the Consultant harmless for any claim or liability, injury and loss, including cost of defense, arising from damage done to the subterranean structures and utilities not identified or accurately located. In addition, the Client agrees to compensate the Consultant for anytime spent or expense incurred by the Consultant in defense of any such claim with compensation to be based on the Consultant's fee schedule and expense policy. Client agrees to indemnify and save Consultant harmless from all claims, suits, losses, personal injuries, death, and property damage resulting from unusual subsurface conditions or damage to subsurface structures, whether owned by the Client or third parties, occurring in the performance of the proposed work whose presence and exact kxxtions were not revealed to Consultant in writing, and reimburse Consultant for expenses and Consultant's time spent in event of such claim. Compensation is to be based on Consultant's fee schedule and expense policy in any such claims or suits, including reasonable attorney's fees. Page 1 of 3 ©Es GENERAL CONDITIONS, continued SECTION 4: COMPENSATION 4.1 The Consultant will submit invoices to the Client monthly or at the completion of the services. Invoices will show personnel and expense classifications unless the project was bid on a lump sum basis. 4.2 Payment is due upon presentation of the invoice and is past due thirty (30) days after the date of the invoice. The Client agrees to pay a finance charge of one and one-half percent (1 % %) per month, or the maximum rate allowed by law, on past due accounts. 4.3 If the Consultant incurs any expense to collect past due invoices, the sums paid by the Consultant for reasonable attorney's fees, court costs, Consultant's time, Consultants expenses, and interest will be due and owed by the Client. The Client shall be liable for reasonable attorney's fees, court costs, expenses, at both trial and appellate level, whether suit be brought or not, as well as Consultant's time, Consultant's expenses and interest for collection of past -due invoices not paid by Client. SECTION 5: OWNERSHIP AND DOCUMENTS 5.1 All reports, boring logs, field notes, laboratory data, calculations, estimates, and other documents prepared or obtained by the Consultant, as instruments of service, shall remain the property of the Consultant. 5.2 The Client agrees that all reports and other work furnished to the Client or his agents, which is not paid for, will be returned upon demand and will not be used by the Client for any purpose. 5.3 The Consultant will retain all pertinent records to the services performed for a period of five years following submission of the report, during which these records will be made available to the Client at reasonable times. 5.4 Samples and waste generated by the project which are contaminated by hazardous material or petroleum products remain the property of the Client and will be returned to the Client for proper treatment and disposal. Samples or specimens of a non -hazardous nature will be disposed of at the discretion of Consultant unless written request and Agreement is reached regarding samples prior to completion of Consultant's analysis. Consultant shall have no liability for lost or misplaced samples. SECTION 6: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS 6.1 Client warrants that a reasonable effort has been made to inform the Consultant of known hazardous materials on or near the project site. 6.2 Under this Agreement, the term hazardous material includes hazardous materials (40 CFR 172.01), hazardous wastes (40 CFR 261.1), hazardous substances (40 CFR 300.6), petroleum products, polychk>rinated biphenols, and asbestos. 6.3 Hazardous materials may exist at a site where there is no reason to believe they could or should be present. The Consultant and Client agree that the discovery of unanticipated hazardous materials constitute a changed condition mandating the renegotiation of the scope of work. Consultant and Client also agree that the discovery of unanticipated hazardous materials or suspected hazardous materials make it necessary for the Consultant to take immediate measures to protect health and safety. Client recognizes that it is the Client responsibility to inform the property owner of the discovery of unanticipated hazardous or suspected hazardous materials. Client agrees to compensate Consultant for additional costs of work to protect Consultant and Consultant's employees, agents, as well as the public's health and safety. Consultant will notify Client as soon as practical should unanticipated hazardous materials or suspected hazardous materials be encountered. 6.4 Notwithstanding any other provisions of the Agreement, Client waives any claim against the Consultant, and to the maximum extent permitted by law, agrees to defend, indemnify and save Consultant harmless for any claim, liability, and/or defense costs or injury arising from the Consultanfs discovery of unanticipated hazardous materials or suspect hazardous materials including any cost by delay of the project and any costs associated with the possible reduction in the property's value. Client will be responsible for the disposal of any samples secured by the Consultant, which were found to be contaminated. SECTION 7: RISK ALLOCATION 7.1 Both parties realize that the benefit the Consultant may realize from performing the services is slight compared to the benefit the Client may realize; therefore, the Client agrees that Consultant's liability for any damage on account of any error, omission, or other professional negligence will be limited to Consultant's fee. If Client wishes to have higher limits of professional liability, Consultant agrees to increase limits up to a maximum of $1,000,000.00 upon Clients written Page 2 of 3 ®Et GENERAL CONDITIONS, continued request at the time of accepting Consultant's proposal, provided that Client agrees to pay an additional consideration four percent (4%) of the total fee or $400.00, whichever is greater. The additional charge for higher liability limits is because of the greater risk assumed and not strictly a charge for additional professional liability insurance. Client recognizes that Consultant has no responsibility for the creation of any hazardous conditions or hazardous materials found on the premises. Client accordingly waives any claim against Consultant, agrees to defend, indemnify and save Consultant harmless from any claim or liability or injury or loss arising from application of joint and several liability concept that would in any manner hold Consultant liability for creating a hazardous condition_ SECTION 8: INSURANCE 8.1 The Consultant has a comprehensive insurance policy for public or property damages for limits, which the Consultant deems to be adequate. Certificates of these of insurance will be provided to the Client upon request in writing. Within the limits and conditions of these policies, Consultant agrees to indemnity and save the Client harmless from and against loss, damage, or liability arising from negligent acts by the Consultant, its agents, staff, and Consultants employed by it. The Consultant shall not be responsible for any loss, damage, or liability arising beyond the amounts, limits, and conditions of such insurance or the limits described in Section 7, whichever is less. The Client agrees to defend, indemnify, and save Consultant harmless for loss, damage, or liability arising from acts by Client, staff, and other Consultants employed by the Client. SECTION 9: DISPUTE RESOLUTION 9.1 All claims, disputes, or matters of controversy between Consultant and Client arising out of or in any way related to this Agreement will be submitted to "aftemate dispute resolution" (ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. 9.2 If a dispute at law arises related to the services under this Agreement and this dispute requires litigation instead of ADR as provided above, then: (a) the claim will be brought and tried in judicial jurisdiction of the court of the county where the Consultant's principle place of business is located and the Client waives to move the action to another county or jurisdiction, and (b) the prevailing party will be entitled to recover all reasonable costs incurred, including staff time, court costs, attomey's fees and other claim related expenses. SECTION 10: TERMINATION 10.1 Either party upon seven (7) days written notice may terminate this Agreement in the event that substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination or suspension, Consultant shall be paid for the services performed to the termination notice plus reasonable tem*ination expenses. 10.2 In the event of termination or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, Consultant may complete such analyses and records as are necessary to complete his files and may also complete a report on the services performed to the date of the notice of termination or suspension. The expense of termination or suspension shall include all direct costs of Consultant in completing such analyses, records, or reports. SECTION 11: ASSIGNS 11.1 Neither the Client nor the Consultant may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. SECTION 12: GOVERNING LAWS AND SURVIVAL 12.1 The law of the State of Florida will govern the validity of the terms, their interpretation and performance. 12.2 If any of the provisions contained in this Agreement are held illegal, or invalid, or unenforceable, the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this Agreement for any cause. SECTION 13: FORCE MAJEURE 12.1 Consultant will not be held responsible for any delay or failure in performance of any party of this Agreement to the extent that such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirements, government regulations, civil or military authority, Acts of God, act or omission of subcontractors, carriers, Client, or similar causes beyond the Consultants control. Page 3 of 3 DES Meeting Type: Regular Meeting Date: 11-20-01 AGENDA Heading Consent Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF AN EMERGENCY GENERATOR IN THE AMOUNT OF $24,765 TO FLORIDA DETROIT DIESEL DEPT./DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the cooperative purchase of an emergency generator in the amount of $24,765 to Florida Detroit Diesel, as recommended by the public works director. Summary Explanation & Background: The public works director is utilizing the Monroe County bid, and this is a budgeted item needed for the sewage lift stations. I recommend approval. Exhibits Attached: Public works director's memo dated 10-10-01 City wt's Office Department PUBLIC WORKS/WWTP tm\mydocu nts o ncil\meetm lI J-20-01\generator.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: October 10, 2001 SUBJECT: City Council Agenda Item for November 20, 2001 Cooperative Purchase of Lift Station Emergency Generator The Public Works Department has budgeted for the replacement of the emergency generator that is utilized to operate the City of Cape Canaveral lift stations during a power failure. Funding for this capital item was approved for this budget year from the Enterprise Fund. This purchase is a replacement unit for an 11 -year-old generator that is currently utilized. In addition to the age of the equipment and the need for repairs, the system only will supply a voltage of 240 and will not support the City's new lift station utilizing 480 volts. The purchase of a new generator will be able to support all of the City's lift station, both the 240 and 480 voltage systems. The trailer is to FDOT standards; hence the units can be mobilized. The City of Cape Canaveral is able to piggyback a Monroe County for an emergency generator from Detroit Diesel. This system offered is similar to the emergency generator purchased for the City Hall Annex building last year. Recommend the cooperative purchase of the Detroit Diesel emergency generator in the amount of $24,765.00. Attachments CC: File 11,114/01 10,10 1&407.515050 mri4, 3.1L.ES FLoNnoA .� DETROIT 0IE5@LmAL4tsON TELEF6X MESSAGE TO: CITY OF CAPE CANAVERAL ATTN: WALTER FAX; 321-7504090 FROM; Ron Zdenciewicz Office Generator System ngineer FAX # cam E Marl DATE: 11-14-01 Total PaoeB: 1 1407 688.1700 e4O7j 251-8336 (407) 948-7309 rxdenciewiczQfdde- cam (including cover shoot) RE: SOKW GENERATOR SET FROM MONROE COUNTY N Nfo: WE RILL HONOR TO THE C'I'TY OF rAPT,, CANAVERAL THE PRICES QUOTED IN TIFF M- ONROE COUNTY SID AND PURCHASE ORDER DATED 3-29-01. THERE WERE NUMEROUS SIZES PURCHASED AND WE WILL_ HONOR TM PRICES FOR ANY OF THE SIZES, WE APPRECIALTE YOUR INQUIRY AND LOOK FORWARD TO SERVING THE CITY OF CAPE CANAVERAL.. For transmbAn orab;ems, please call (407) 88.8-1100 70XT LAIMERD4U. FORT 1H URS, FORT PILRCE, JACMINNILLF, W1AW, QCALA, TAMPA (M�)ai 10'd 086b 66L Lob M8 ll:JW3 ONIdO 38ki0 WC 85:80 TO -ST -JON 1„ i1 ii1 16:01 '$4072515336 FDDA SALES 3ent� By: _ FDDQ;05^037 683 Oct �' G i 1 0:4CAM; M, ONROE C01-j'NT`s' PURCHASE AGRF_,EMENT ELEVEN TOWABLrE GENERATORS AND LOAD BANK MONR.OE COJN77 FLORMA BOARD OF COURS CDI4WISSIONERS t4aycr George NeugML Distria 2 Mayor Pro Tcm Nara Wift= Distnct d Diads Spekw. District 11 Sonny McCcy, Distnor 3 Mum'Nelson. Dismu S zOG2 Page 2 LOUN�' ADMINTSTRATOR DLR,ECTOR GF PUBUC WORKS James L. Roberts C Den[ Pierce CLERK OF THE CIRCUIT COURT DIRECTOR OF ROADS fir. BWDGES DEPARTMTzNT Daruiy L Kolhagc lox Mc-daliton Novembu, 2000 Prepared by Monroe Counry Public Wort Roa" & Bridges Oeputmeni 16 11 . 1 16.01 V4072518336 2518336 FITA SALES Z,,r1i9 gnt y: FGDA; :�U563i'b64j Jct 31 G1 10:4GAM; Page 3 PURCHASE AGREEMENT ELEVENT TOWABLE GENERATORS AND LOAD BAND Monroe Councv, Florida This AGRUNTENT is made by and between Monroe County Doard of County Commissioners (BOCC), 5100 College Road. Stock Island_ Key WC3L Florida 33040 (hercinaf4er referrtd to as "buyer") and Florida Detroit diesel A111sou hereinata referred to as "vendor") for tate purchase of ELEVEN TOWABLE GENERATORS AND LOAD BANK. The BUYER and the VENDOR agree as set firth a5 follows: GENERAL The vendor shall deliver eleven (1 1) towable generators and a towable lead bank that mea the specifications listed below to: Monroe County Public Works 3 583 S Roosevelt Blvd. Key West, Florida -13040 WY All equipment delivered under this agreement shall lave a minimum of a one-year warranty to include all parts, labor and travel. SCHEDULE Ali equipment purchased under this agement shall be delivered to the buyer rte later than s-- 18 t- The delivery_ of ail equipment shall be made within a two-week- perioiAagasj- !!5-� 2-00). PRC Y'•� �. 'The total price t,r the eleven (11) generators and one (l; toad hank as spec; ted in this agreement, without options is $ 214,700.00c�9 Z-0 0 P T/ G,Q J F' F�1".titENT The buyer shall make paymeni in full within aC days of delivery and acceptance of the last piece of equipment. acceptance inspections to verify deliven! condition and specification compliance will be made by a rep reset, tariye of the Monroe County Flier. Management Services Department_ MANUALS Three (3\1 sets of O-leratians and Maintenance Manuals shali be deiivered with each of the twelve ( 12) piMes o[ equipment 101 11-U1 18;04 '$4072515338 FDD?, SALES z oqg Sent oy: FDDA; 3056377583; OGt 1i-01 10:422AM; Pgge 5 E. GEti' E"TOR S T#7 & 8 Price ea=h $21,265-00 1. Two (2) j8 to 65 A:W prime rztine at three a 3) phase. 60, hertz_ tour (4) pole, 11800 IPM, liquid cooled- diesel engine, generator sers 2. SAFETY SHUTDOWNS Low oil pressure High water temperature Low coolant level Overcrank Overspend GAUGES - Voltmeter (AC) - Hertz (Frequencv) meter - Ammeter (battery charging) or voltmeter - Water iempemture Oil pressure Hour meter Fuel level (any location) 3. Main circuit breaker (Appropriate size) 4. Trickle battery charger, minimum three (3) amp, auto shut-off 5. 125 gallon minimurn fLei tank on trailer 5. System mounted on FDOT approved over -the -read towable trailer with two (2) incl: bail tongue, leveiing system, kvkable aiumnum .storage box (12 cubic feet minimum), and NAPA trailer plug, part number TC5207 or exact equivalent (This is the county standard plug to fit all of ow tow vehicles) 7. Weatherproof enclosure S. Eat=ery rack and battery cables 9. Oil drain valve with extension 10 Fuel hoses 1, Delivered wet with oil, antifreeze and lube 12, 12 lead, re-connecrabie generator outputs 13. Two (2) position voltage selector switch (120,208. 3 phase & 277 480 3 phL3e1 OPTIONS I , Critical muffler with all necessary pans including flexible exhaust pipe, tall pipe and rain cap: Price Standar,&_OD the Unit Solid fill trailer tires to e''iminate flats: Price $30.0U per Tire -- 3 Sound attenuated enclosure_ Price53 , 130.00 a. Aluminum enclosure: Price Aluminum is Standard. with For ,.sinR A_luminurn sound ar.enuated enclosure: Pnce $3,150 -OG 6 Extenderi warranty Length of time bcyond one � ear:T,+;� - Years Price $350,00 'ncapsulated voltage regulator- Price $175'.0Q 3 Auto start panel Price Standard with Unit 9 Encapsulated DC contro.5._ Price NIA Meeting Type: Regular Meeting Date: 11-20-01 AGENDA REPORT AGENDA Heading Consent Item 8 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF TWO SCOREBOARDS IN THE AMOUNT OF $9,060 TO SCOREBOARD SALES & SERVICE DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council consider the cooperative purchase of two scoreboards for the ballfields in the amount of $9,060 to Scoreboard Sales & Services as recommended by the recreation director. Summary Explanation & Background: These items are part of a FRDAP grant and the recreation director is utilizing the City of Deltona bid. I recommend approval. Exhibits Attached: Recreation Director's memo of 11-08-01 City Mana�ffice Department PARKS & RECREATION J ca CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 N. ATL ANTIC AVENUE * P.O. BOX 326 (321) 8684227 E-mail address: parknrec@iu.net MEMO TO: Mayor & Counellmembers FROM: Nancy Hanson, Parks & Recreation Director DATE: November 8, 2001 RE: Permission to Purchase ►Seoreboards Permission please to purchase two (2) scoreboards in the amount of $9,060.00 for the ballfields at Canaveral City Park. The scoreboards are a component of the FRDAP grant. The Daktroules LED scoreboards will be purchased under a cooperative purchase with the City of Deltona (Bid #FQ.FQ02024-2002). Oct 24 01 05:30p SS&S FLORIDA SCOREBOARD Scoreboard Saes &Service 6649 Amery Cowl Ro3tl Unit' 9 SALES & O : wlntPr Park, FL 32792-7439 (4071 (,77-1544 SEAV10E9B PhonC Fax (do I) 6/i -S 63 SALES QUOTE CUSTOMER r� Ms. Nancy Hanson City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL, Brevard 32920 # N/A 4076775563 p.1 D ATE: 10124101 QUOTE NR: 1044 VALID POR: 90 daY3 DAYS ARO: 3/4 weeks TERMS: res POH: Cesdnanon TAXABLE: I County: Brevard Phone: 321-868-1227 Fax: 321-799-31.70 Tax Rate N/A REFERENCE: Two DaktronicS LEO BA -624-11 Baseball/Softball Scoreboards sI OTY I P77717umftm �GHIMIM1xv Ur [ IPM!_M OR SER t .k. These LED (light emitting diode) baseball scoreboards displays HOME 7700 1 2 13A-624-11 and GUEST scores to 99. INNING to 19, and indicates BALL, STRIKE, OUT and H (hit) or E (error). 2 2 ASCC-160 Control Counsole Carrying Cases so 3 , Border Striping 0 C 1 1 year tree on-site labor 0 Specifications: 1. Height: 6'0" 2. Width: 16'0" 3. Color: Choice of 250 colors. 4. AIISport 1600 Control Console is Included. Options: 1. Carrying Case for Console 2. Team Name Message Centers 3. Scoreboard Striping 4. Electronic Message Display 5. Protective Net Warranty: Five-year parts warranty. Not included are the ruses. One year on-site labor NOW lr may uruora —.+nnlvaloM1l. InelUdn9 but mi W.uI.A to rorJXc w iw. ceunuSual SW eondtions. _ or VenMes or Inw-lm t-uuur- Lne additivnll 0461 UfeIYTM will are etteanlr-le,1 wlilb dgglrg ioonngs . Oe added to 11w. u._J7tlwn pnce attar r4it" purchaw. PLEASE FAX TAX EXEMPT CERTIFICATE AND P.O. NUMBER WITH TH13 SIGNED QUOTATION WHEN YOU ARE READY TO ORDER NOTE: THIS DOTE DOES N211gq UDE THE FOLLOWING: INSTALLATION ELECTRICAL WORK POWER CABLE SIGNAL CAOLE r00T1NGS OR BEAMS PERMI 1 S OR RELATED TAXES (Da-vTd,S c1l21sk.e avl c e s e SA :QOt Date: Tax exempt cortincate number. Pvmhaxc order number: Accepted By (signature): Prtnr name: SURTOTAL IN3TALL 5HIPPING �1`3��•QD TAX =VALUE! TOTAL PRICE S 9.060.00 Specifications Model Kumber Dimensions (H x W x D) Digit Size Caption Size Approx. Scbd. Weight Power Requirements BA 624 6'0" x 16'0" x 6_ 12", 10" 375 lbs_ 3,035 watts 120V 30A --24" .or 120/208V al same current rating HECK OUT OUR WEBSITE AT WWW.DAKTRONICS.COM OUTDOOR MODELS MEN BA -624 The BA -624 features 24" digits to show scores to 99 and inning to 19 and indicators for balls, strikes, outs and if a play was ruled a hit or an error (H or E). Changeable team name captions are available. PAGE 29 Meeting Type: Regular Meeting Date: 11-200-01 AGENDA REPORT AGENDA Heading Ordinance — I" Reading [tem 9 No. must adopt their own. This ordinance adds the administrative requirements that are currently within the SBCCI CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-01, AMENDING CHAPTER 82 RELATING TO BUILDINGS AND BUILDING CODE REGULATIONS DEPT./DIVISION: PUBLIC SAFETYBUILDING DEPARTMENT Requested Action: City Council consider the adoption of Ordinance No. 06-01, at first reading, that amends Code Chapter 82, relating to buildings and building code regulations. Summary Explanation & Background: The new Florida building code will become effective 01/01/02 and all City amendments currently in the existing Chapter 82 are repealed. The new Florida building code does not have any administrative requirements; cities must adopt their own. This ordinance adds the administrative requirements that are currently within the SBCCI building code. The building official will be in attendance to answer any questions or concerns you may have. Exhibits Attached: Ordinance No. 06-01 City Mana �ffice Department PUBLIC SAFETYBUILDING DEPT Lam....... ............... s,��... ��-v, wv-u,.uuc Bennett Boucher From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Thursday, November 15, 2001 9:27 AM To: Buzz Petsos (E-mail); Jim Morgan (E-mail); Larry Weber (E-mail 2); Richard Treverton (E- mail); Rocky Randels (E-mail) Cc: Morris Reid (E-mail) Subject: Florida Building Code Online 1 Florida Building Code Online.u... Hello everyone, Since we have the new building code ordinance on next weeks agenda, this state of Florida web site will give you all some useful information on what's required. If you are interested in all the technical changes to the code, just follow that link to the SBCCI code comparison page. http://www.floridabuilding.org/ Take care, Bennett Boucher City Manager City of Cape Canaveral, Fl. Phone 321.868.1230 Fax 321.868.1224 e-mail boucher-cape@cfl.rr.com 1 ORDINANCE NO. 06-2001 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, AND PROVIDING FOR ADOPTION OF AN AMENDED CHAPTER 82 RELATING TO BUILDINGS AND BUILDING CODE REGULATIONS: ADOPTING THE 2001 EDITION OF THE FLORIDA BUILDING CODE, THE 2001 EDITION THE FLORIDA PLUMBING CODE, THE 2001 EDITION THE FLORIDA MECHANICAL CODE AND THE 2001 EDITION THE FLORIDA FUEL GAS CODE, THE NATIONAL ELECTRIC CODE, NFPA 70, 1999 EDITION, THE INTERNATIONAL PROPERTY MAINTENANCE CODE 1998 EDITION, THE EXISTING STANDARD BUILDING CODE, 1998 EDITION, PROVIDING FOR THE REPEAL OF ANY ORDINANCE OR RESOLUTION IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Building Commission was charged with developing and implementing a new Florida building code for the State of Florida; and WHEREAS, the statewide, Florida building code will become effective January 1, 2002; and WHEREAS, as a result of the new Florida building code, all local amendments to the building code are repealed effective January 1, 2002; and WHEREAS, The City desires to adopt administrative requirements that are not in conflict with the Florida building code. THEREFORE, BE IT ENACTED BY THE CITY OF CAPE CANAVERAL, FLORIDA: SECTION 1. That Chapter 82 of the City Code of Cape Canaveral, Florida is hereby amended as follows; Article I. General Administrative Sec. 82-1. Proof of competency. The applicant shall present to the building official a current certificate issued by the Florida Construction Industry Licensing Board, or possess a current Brevard County competency card. Sec. 82-2. Occupational license required for contractors. All contractors covered by this chapter must secure an occupational license from the City if their businesses are located within the city. City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 2 82-3 Building Department. There is hereby established a department to be called the Building Department and the person in charge shall be known as the Building Official. Sec. 82-4 Employee qualifications. Employees that are responsible for the administration and enforcement of this chapter shall have the qualifications as defined in Chapter 468. Part XII, Florida Statutes, and Chapter 61G19, Florida Administrative Code. Sec. 82-5 Restrictions on employees. An officer or employee connected with the Building Department, except one whose only connection is as a member of the board established by this code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system or in the making of plans or of specifications thereof, within the jurisdiction of the Building Department. An officer or employee shall not engage in any other work which is inconsistent with his duties or conflict with the interest of the Building Department. Sec. 82-6 Records. The Building Official shall keep, or cause to be kept, a record of the business of the Building Department. The records shall be open to public inspection. Sec. 82-7 Liability. Any officer or employee, or member of the Construction Board of Adjustment and Appeals, charged with the enforcement of this code, acting for the applicable governing authority in the discharge of his duties, is hereby relieved from all personal liability, for any damage as a result of the discharge of his duties under this code. Any officer, employee or member of the Construction Board of Adjustment and Appeals shall be indemnified by the City of Cape Canaveral from any law suit brought by any party against same as a result of any act taken in the discharge of his duties under the Cape Canaveral Code of Ordinances. Sec. 82-8 General. The Building Official is hereby authorized and directed to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code, to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent of purpose of this code, and shall not have the effect of waiving requirements specifically provided for in this code. 11Cape-ntlcityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 3 Sec. 82-9 Right of entry. (a) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry. (b) When the Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. Sec. 82 —10 Stop work orders. Upon notice from the Building Official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. Sec. 82-11 Revocation of permits. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any provisions of this code. (a) Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 4 (b) Violation of code provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. Sec. 82-12 Unsafe buildings or systems All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or other provisions of the City of Cape Canaveral codes. Sec. 82-13. Permitting and inspection The inspection or permitting of any building, system or plan by the jurisdiction under the requirements of this code shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the jurisdiction nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting, unless the employee of jurisdiction is found to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful disregard of the safety, health and welfare of the public. Sec. 82-14. Permit Intent Permit Intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction, or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time work is commenced. The permit shall become invalid after three years from the date of its issuance in zoning districts of the city, unless the building or buildings subject to the permit have exteriors and landscaping which are in substantial compliance with the plans and specifications and comply with the provisions of section 34-96, section 34-97, subsections 34-98(3), (4), (5) (6), (7), (8), (9), and (11), section 34-99, and section 34-122 of the City Code of Ordinances. \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 5 Extensions of time for building permits may be granted only by the city council. Further, any unfinished buildings or structures for which a permit has lapsed or otherwise become invalid, and where the appearance and other conditions of such unfinished building or structure substantially detracts from the appearance of the immediate neighborhood, or reduces the value of property in the immediate neighborhood, or is a nuisance shall be deemed to be a violation of the above referenced code sections, which violation may be enforced by the code enforcement board. Sec. 82-15 Schedule of Permit Fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with appendix B of the City of Cape Canaveral code. Sec. 82-16 Additional data The Building Official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal. Sec. 82-17 Hazardous occupancies. The Building Official may require the following: 1. General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. 2. Building floor plan. A building floor plan drawn to a legible scale, which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored. Sec. 82-18 Special foundation permit. When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the Building Official may, at his discretion, issue a special 11Cape-ntlcityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 6 permit for the foundation only. The holder of such a special permit is proceeding at his or hers own risk and without assurance that a permit for the remainder of the work will be granted or that corrections will not be required in order to meet provisions of the technical codes. Sec. 82-19 Public right of way A permit shall not be given by the Building Official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application for right of way permits from the authority having jurisdiction over the street, alley or public lane. Sec. 82-20 Existing building inspections. Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The Building Official shall inspect all building structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make record of every such examination and inspection and of all violations of the technical codes. Sec. 82-21 Inspection service. The Building Official may make, or cause to be made, the inspections required by the Florida Building Code. He or she may accept reports of inspectors of recognized inspection services, provided that after investigation he is satisfied as to their licensure qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are in writing and certified by the building code inspector or the architect or engineer performing building code inspections. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statutes. Sec. 82-22. Tests For products not covered under the statewide product evaluation and approval system, the building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency. 11Cape-ntlcityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 7 Sec. 82-23 Violations and penalties. Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted there under, shall be guilty of a misdemeanor of the second degree punishable under Section 1-15 of The City of Cape Canaveral Code of Ordinances. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by Florida laws. ARTICLE II BUILDING CODE Sec. 82-31. Florida Building Code adopted. The Florida Building Code 2001 edition as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. (a) The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this code (b) The following appendix to the Florida Building Code 2001 edition is hereby adopted: Appendix A. (Weight of Building Materials) (c) Wind speed zone: All of the City of Cape Canaveral as described within the city charter, Article I, Sec. 2, is in the wind speed zone of 130 mph. 3 -second gust. (d) Wind exposure category. All of the City of Cape Canaveral as described within the city charter, Article I, Sec. 2, is in the wind exposure category Exposure "C" (e) Wind borne debris region. All of the City of Cape Canaveral as described within the city charter, Article I, Sec. 2, is in the wind borne debris region. Sec -82-32. Establishment of Construction Board of Adjustment and Appeals There is hereby established a board to be called the Construction Board of Adjustment and Appeals, which shall consist of five members. The board shall be appointed by the city council. (a) Members of the construction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such 11Cape-ntlcityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 8 as design professionals, contractors or building industry representatives. A board member shall not act in a case in which he has a personal or financial interest. (b) Terms. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of the board shall, at the discretion of the city council, render any such member subject to immediate removal from office. (c) Quorum and Voting. Three members shall constitute a quorum and the affirmative vote of the majority present shall be necessary for any board actions. (d) Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (e) Powers. The Construction Board of Adjustments and Appeals shall have the power, as further defined in 82-29, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. Sec.82-33. Appeals (a) Decisions of the building official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the Construction Board of Adjustment and appeals whenever any one of the following conditions are claimed to exist: The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted. (b) Variances. The Construction Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 11Cape-ntlcityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 9 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the granting of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. (c) Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. (d) Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official. Appeals shall be in a form acceptable to the building official. (e) Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such appeals to a shorter period. Sec.82-34. Procedures of the Board (a) Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairperson. The board shall meet within 30 calendar days after notice of appeal has been received. (b) Decision. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 10 modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as ay aggrieved party might have at law or in equity. Sec. 82-35-82-55 Reserved. ARTICLE III. UNSAFE BUILDING A ABATEMENT CODE Sec. 82-56. Standard Unsafe Building Abatement Code Adopted. The Standard Unsafe Building Abatement Code, 1985 edition, as published by the Southern Building Code Congress International, Inc., is hereby adopted by reference and incorporated herein as if fully set. The Standard Unsafe Building Abatement Code is hereby amended to read as follows: (a) Section 105.1. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this code. (b) Section 605. Cost of repair or demolition; lien on property: collection. (1) Upon repair or demolition of any building or structure, either with city crews or by independent contractor, all costs of demolition and/or repair shall be assessed against and constitute a lien on the property upon which the building or structure is/was situated. The lien shall be equal in rank, priority and dignity with the lien of Brevard County ad valorem taxes and shall be superior to all other liens, encumbrances, titles and claims in, to or against the property. Cost shall include, but not limited to, administrative cost, attorney's fees, postage, newspaper publication fees and actual costs of physical removal and/or repair. (2) The city clerk shall file such lien in the Public Records of Brevard County Florida, showing the nature of the lien, the amount thereof, a legal. Description of the property and the owner thereof. Such liens shall bear interest from the date of filing at the highest rate allowed by law. (3) The lien may be enforced in the same manner as a court judgment by the Sheriffs of the State of Florida, including \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 11 levy against personal property, and may also be foreclosed in the nature of a mortgage. All costs and attorney's fees incurred in collection of amounts due under any such lien shall also be secured by the property and included within the total sum due under the lien. Sections 82-57 & 82-58 are hereby repealed Secs. 82-59-82-80 Reserved. ARTICLE IV. COASTAL CONSTRUCTION CODE THE FOLLOWING CODE SECTIONS ARE HEREBY AMENDED Sec. 82-88 Structural requirements for major structures (a) Design and construction. Major structures, except for mobile homes, shall be designed and constructed in accordance with section 1606 of the building code adopted in section 82-31 using a 3- second gust 130 miles per hour. Major structures, except mobile homes, shall also comply with the applicable standards for construction found elsewhere in this Code. (b) Mobile homes. Mobile homes shall conform to the federal mobile home construction and safety standards or the Uniform Standards Code ANSI A-119.1, pursuant to F.S. § 320.823, as well as subsection (c) of this section. (c) Elevation, flood proofing and siting. All major structures shall be designed, constructed and located in compliance with the national flood insurance regulations as found in 44 CFR 59 and 60 or section 90-26 et seq. pertaining to flood damage prevention, whichever is more restrictive. (Code 1981, § 612.15) Sec. 82-89. Design conditions. (a) Velocity pressure. Major structures, except mobile homes, shall be designed in accordance with section 1606 of the building code adopted in this section 82-31. Secs.. 82-95-82-115. Reserved 11Cape-ntlcityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 12 ARTICLE V. ELECTRICAL. Sec. 82-116. Adoption of National Electrical Code. The National Electric Code, NFPA 70, 1999 edition, as published by the National Fire Protection Association, is hereby adopted by reference and incorporated herein as if fully set out. The electrical inspector is hereby given the power to disconnect extension cords, temporary wiring, branch circuits, sub feed conductors, or the main service supplying electrical energy to any portion of an electrical wiring system on or in buildings, or on premises, if this wiring is in the opinion of the inspector considered to be hazardous to life or property. Any person supplying current must disconnect service from the source of supply upon instructions from the electrical inspector where hazards are deemed to exist, after receiving written notice from the electrical inspector. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. Sections 82-117 — 82-125 are hereby repealed Sections 82-125 - 82-145. Reserved. ARTICLE VI. PLUMBING. Sec. 82-146. Adoption of Plumbing Code. The Florida Plumbing Code, 2001 edition, as published by the Florida Building commission is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. The following appendices of the Florida Plumbing Code are hereby adopted: Appendix B, Appendix D, and Appendix E. Sections 82-147 & 82-148 are hereby repealed Sec. 82-149- 82-170. Reserved. \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 13 ARTICLE VII. FUEL GAS. Sec. 82-171. Adoption of Fuel Gas Code. The Florida Fuel Gas Code, 2001 edition, as published by the Florida Building Commission is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. The following appendices of the Florida Fuel Gas Code are hereby adopted: Appendix A and Appendix B. Sections 82-172 & 82-173 are hereby repealed Sec. 82-174 - 82-195. Reserved. ARTICLE VIII. MECHANICAL. Sec. 82-196. Adoption of Mechanical Code. The Florida Mechanical Code, 2001 edition, as published by the Florida Building Commission, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. Sections 82-197 is hereby repealed Sec. 82-198 - 82-220. Reserved. SECTION 2. That Amended Chapter 82 of the City Code of Cape Canaveral, Florida hereby repeals Article IX Solar Energy Standards, Article X Swimming Pool Code, Article XI Housing Code, Article XII Excavation and Grading Code and Article XIII Threshold Building, and the following Articles are hereby adopted 11Cape-ntlcityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 14 ARTICLE IX INTERNATIONAL PROPERTY MAINTENANCE CODE Sec. 82-221. International Property Maintenance Code Adopted. The International Property Maintenance Code, 1998 edition, as published by the international Code Council, is hereby adopted by reference and incorporated herein as if fully set out. (a) The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. Sec. 82-222 - 82-232. Reserved. ARTICLE X EXISTING STANDARD BUILDING CODE Sec. 82-233. Existing Standard Building Code adopted. The existing Standard Building Code, 1988 edition, as published by the Southern Standard Building Code Congress International, Inc., is hereby adopted by reference and incorporated herein as if sully set out. (a) The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. Sec. 82-233 - 82-243. Reserved. SECTION 3. CONFLICTING PROVISIONS. Any ordinance, or parts thereof, in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 5. EFFECTIVE DATE 1, 2002 upon its adoption. \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001 Admin.doc This Ordinance shall take effect January City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 15 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2001 Rocky Randels, MAYOR ATTEST: FOR AGAINST Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY First Public Hearing: Legal Ad Published: Second Public Hearing: 11Cape-ntlcityclerk\CityCik\Ordinances\Bldg Code 2001 Admin.doc Meeting Type: Regular Meeting Date: 11-20-01 AGENDA REPORT AGENDA Heading Resolutions Item 10 No. City Ma s Office �- , CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-39, ELECTING A MAYOR PRO TEM DEPT./DIVISION: LEGISLATIVE Requested Action: City Council, as required by City Charter, elect a Mayor Pro Tem. Summary Explanation & Background: N/A Exhibits Attached: Resolution No. 01-39, Charter, Article V Section 4 City Ma s Office �- , Department LEGISLATIVE �r My--II-u uu k;tiuucuu uneuugVZVVt-i44 ZV-U1U11-3J.doc RESOLUTION NO. 01-39 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article V, Section 4, of the Charter of the City of Cape Canaveral, Florida, requires the City Council to annually elect from its membership a Mayor Pro Tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. is hereby elected as Mayor Pro Tem of the City of Cape Canaveral, Florida; said Mayor Pro Tem is authorized and directed to undertake the duties and responsibilities of Mayor Pro Tem, in conformity with the City Charter, and to serve in such capacity until the next annual election. SECTION 2. This Resolution shall become effective immediately upon its adoption. ATTEST: Rocky Randels, MAYOR Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY 11cape-ntlcityclerk\cityclklresolutions12001 mayor pro tem appointment.doc FOR AGAINST CEURTER ARTICLE IV. THE MAYOR, POWERS AND DUTIES Sec. 1. Duties of the mayor. The Mayor of the City shall see that all ordi- nances are faithfully executed and shall be the titular head of the City government. The mayor shall be the official representative of the City at all state functions or other functions requiring an official representative of the City. The Mayor shall not have the power to veto any ordinance or res- olution passed by the City Council. The Mayor shall vote on issues coming before the Council as if he or she were a courcilmember. During the absence or disability of the :Mayor, his or her du- ties shall be performed by the Mayor Pro Tem. (Amended by election, 6-2-70; Ord. No. 38-93, § 5, 10-19-93) Sec. 2. Additional duties. The Mayor shall also recommend and propose such legislation and other matters of a similar nature to the City Council which he [or she] deems expedient and proper. The Mayor shall preside at meetings of the City Council. Sec. 3. Election of mayor. I The office of Mayor shall be elected commencing with the general city election in 1971, and the can- didate receiving the highest number of votes shall serve for a period of two (2) years; commencing with the general city election in 1973, the Mayor shall be elected for a term of three (3) years and Art. VI, § 1 on an affirmative vote of a majority of the City Councilmembers. All meetings of the City Council for the transaction of official business shall be open to the public. (Ord. No. 38-93, § 7, 10-19-93) State law reference—Open meetings requirement, F.S. § 286.011. Sec. 2. Rules of procedure. The City Council may enact its own rules of procedure, may prescribe penalties for the nonat- tendance and misconduct of its members and en- force the same, may compel the attendance of members and, on a four-fifths vote, may expel a member for misconduct in office or neglect of duty. Misconduct shall include the acceptance of gifts, gratuities or service intended to influence a mem- ber's consideration, vote or action upon any offi- cial business of the city. (Amended by election, 6-2-70) Sec. 3. Quorum. A majority of all members of the City Council shall constitute a quorum to transact business. Sec. 4. Election of mayor and mayor pro tem. The City Council shall annually elect from its membership a Mayor and a Mayor Pro Tem. Com- mencing with the general city election in 1971, the City Council shall annually elect from its mem- bership a mayor pro tem, who shall act as the Mayor in the Mayor's absence. (Amended by election, 6-2-70) thereafter the Mayor elected shall serve a three (3) year term or until his or her successor shall be elected and qualified. (Added by election, 6-2-70; Ord. No. 38-93, § 6, 10-19-93) Sec. ARTICLE V. THE CITY COUNCIL, ORGANIZATION AND POWERS Sec. 1. Meetings. The City Council shall meet at such time and place as may be prescribed by ordinance or reso- lution. The Council shall hold a minimum of two meetings per month. Special meetings may be held ARTICLE VI. CITY MANAGER 1. Appointment. If the City Council shall, by ordinance, appoint a City Manager, he shall be the administrative head of the government and shall be responsible for the effective administration of all departments of the City. He shall be chosen on the basis of his executive and administrative qualifications. He may or may not be a resident of the City or of the State of Florida. He shall hold office at the will of the Council, and shall receive such salary as may be fixed by the Council. The duties of City Man- CHT:9 Meeting Type: Regular Meeting Date: 11-20-01 AGENDA REPORT AGENDA Heading Resolutions Item 11 No. Resolution No. 01-43 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-43, ESTABLISHING A POLICY FOR CITY EMPLOYEES TO USE THE MELBOURNE INTERNATIONAL AIRPORT AND ENCOURAGING CITY RESIDENTS AND BUSINESSES TO USE AND SUPPORT THE MELBOURNE INTERNATIONAL AIRPORT DEPT./DIVISION: LEGISLATIVE Requested Action: Mayor Randels requested that City Council consider adoption of this resolution in support of the Melbourne International Airport. Summary Explanation & Background: The City of Melbourne adopted a similar resolution. Exhibits Attached: Resolution No. 01-43 City M 's Office Department LEGISLATIVE c - im\mydocu ts\ council\meeting-20-01\01-43.doc RESOLUTION NO. 01-43 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING A POLICY THAT ALL CITY EMPLOYEES TRAVELING BY AIR ON OFFICIAL CITY BUSINESS SHALL USE THE MELBOURNE INTERNATIONAL AIRPORT, WHENEVER POSSIBLE, AND ENCOURAGING RESIDENTS AND BUSINESS ENTITIES TO USE AND SUPPORT THE MELBOURNE INTERNATIONAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Melbourne Airport Authority is the sole commercial airport providing scheduled air service to the citizens of Brevard, Indian River and North St. Lucie Counties; and WHEREAS, the Melbourne Airport Authority has recently constructed a state —of - the -art air terminal facility and is recognized throughout the industry as one of the most convenient and accessible small hub commercial airports in the United States; and WHEREAS, the Cape Canaveral City Council wishes to have the Melbourne International Airport used to the fullest extent possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, that: SECTION 1. All employees of the City of Cape Canaveral traveling by air on official City business, shall whenever possible, use the Melbourne International Airport. SECTION 2. The City Council further encourages its residents and business entities to use and support the Melbourne International Airport. SECTION 3. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 2001. Rocky Randels, MAYOR ATTEST: FOR AGAINST Susan Stills, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Jim Morgan Buzz Petsos Rocky Randels Richard Treverton Larry Weber L Meeting Type: Regular Meeting Date: 11-20-01 AGENDA REPORT AGENDA Heading Considerations [tem 12 No. City Manger's Office CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPOINTMENT OF A SPACE COAST LEAGUE OF CITIES VOTING DELEGATE/DIRECTOR AND ALTERNATE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council appoint one voting delegate/director and one alternate to the Space Coast League of Cities. Summary Explanation & Background: See attached explanation. Exhibits Attached: Space Coast League of Cities memo dated 11-08-01 City Manger's Office Department LEGISLATIVE - tmlmvdocume tsla uncil\meetin \2 \11 20 O1\ '-.,__ Nov -08-01 01:38P Space Coast League 407 636-3193 P_02 SPACE CAST LEAGUE OF CITIES a CAvrCAN \,VERAI )NINALANTIC COCC A 1.4T)IAN• IIARBUI'R REACH 1TI.IBo1:kV� :N1.I RQLRNr el -.A(')1 TaI.,r 1'.L�T Cryt )lir rA'r("LLI'! (.NtACJ1 C(H Oil BI:A('If 11AL.\RAIL vCLsol"RNt V)1 LAC,[: R(N'kLl DC;E TI7 k SVILLi•. x1.�T M1.) Il�)I•at ;;' "CITIES OF BREVA RU WORDING TOGE.7HER'' Appointment of League Voting Delegate/Director The Bylaws of the Space Coast League of Cities require the following: * Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and Alternate to the League. Eligibility: Only the member municipality's elected officials. manager, attorney, c:ferk, and department heads are eligible to be a Voting Delegate/Director and Alternate. Any Voting Delegate/Director or Alternate who ceases to hold such a position ceases at the same time to be a Voting Delegate/Director or Alternate. Functions: The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and its representative to the Board of Directors. The Voting Delegate and the Director are the same person. The sole function of the Alternate for the Voting Delegate/Director i5 to vote in the absence of the Voting Delegate/Director. * Following the appointment, the names of the Voting Delegate/Director and the Alternate must be Promptly certified in writing to the League Secretary_ * Because the number of votes allocated to member municipalities for membership meetings is based upon population, each member municipality must also certify its current population figures when it certifies its Voting Delegate/Director and Altemate. Accordingly, please provide and certify the information requested below and return this form promptly to the League Executive Secretary at the address or fax number shown at the bottom of this page. Municipality _. _. Current Population Voting Delegate/Director_ _ _ _ _ _ _ Home Phone Alternate Voting Delegate/Director_ Date Appointed by Governing Body I hereby certify that the above-named persons were duly appointed by our governing body and that the foregoing information Is correct. Date Submitted (: �RT1rY 'irk Municipal Clerk's Signature Printed Name �l�acc• Co.", I,caCuc L:1 ('t:ic.. p Y.O. RvA 560.188 ❑ Kocklvdgc. FI. 3'21);6-(1.148 3 FAX (-Loj ()3lr li9:l Q "rc1cl)!--- i4-jl, (0f, u-6 — Nov -0S-01 01:38P Space Coast League 407 636-3193 P_01 aSPACE COAST .LEAGUE OF CITIES ft CAPr-CANAVFRAL INnIAL.ANTIC�'Ix`��'� (:NU7,4N )( MELHOI�RNE PALM 11,1YSA f)i!. ARBt)('R BEAC-11 NIELM)I.:RNE NI•:;1 ('H LJTh »l ACH COCOABEAU1I tilyLannR PAL hi .SIf0R1:5 Trl'u.�vILLr: RIEL6bruNE vl1_I_AGF, u(x'KU-.(x:r u'Esr MFI.ROURNF "CITIES OF BREVARD WORKING TOGETHER" 11/08/01 T0; All Municipal Clerks FROM: Nancy Glass 444-1� It's that time, again--- as soon as your councils/commissions reclrganize, please complete the accompanying form and return to roe. If you have any newly elected council rnember•s/commissioners please send me a list of their names. REMINDER: Each municipality should have only TWO c}eh' eaates,(a voting delegate and an alternate). Please do not list your entire council as the alternate - THANKS, a bunch! (Page 1 of 2) space (i)aa I,; ague of Cltie� 7 N) Rox 560488 ❑ Rockly(jlc, h'L 32950-1)4RR 0 FAX /321) 6.36 3193 CJ Trlrl,h,)nc (321) 43(i 9'lIf5 — Meeting Type: Regular Meeting Date: 11-10-01 AGENDA Heading Discussion Item 13 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: ENCLOSED BUS SHELTERS DEPT./DIVISION: LEGISLATIVE Requested Action: Mayor Randels is asking City Council to consider the installation of enclosed bus shelters along the trolley route utilizing a Federal grant. Summary Explanation & Background: In the past, City Council evaluated and declined the bus shelter offer by 20/20 Media that would display advertising. Bus shelters acquired with the Federal grant will not have advertising. Please advise. Exhibits Attached: Mayor's request. City ManagWs Office Department LEGISLATIVE cape- ydocument \ad n6il\meeting\20 -20-01\bus.doc CITY OF CAPE CANAVERAL COUNCILMEMBER/CITY MANAGER REQUEST/COMPLAINT FORM REQUEST/' "�^' L ` DATE RECEIVED: RECEIVED FROM: REQUEST Mn REFERRED TO: C: < DATE: / �� BY: iiy Mgr a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a l DEPARTMENTAL ACTION TAKEN: %�✓�1_;r_ ��� �. i�� " J ,� , 1 - 5_; , , ■ a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a F 3 a a a a a a a a a a 1 CITY MANAGER'S COMMENTS: 7> Meeting Type: Regular Meeting Date: 11-10-01 AGENDA REPORT AGENDA Heading Discussion Item 14 No. Please advise. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CODE REVIEW, CHAPTERS 1 AND 2 DEPT./DIVISION: LEGISLATIVE Requested Action: City Council established an objective to conduct a review of the City codes. Staff compiled input that was received into the attached format for review of Chapters I and 2. Summary Explanation & Background: This will be an ongoing process to review and, if necessary, update City code sections. * *Note: Since there was a lot of comment on purchasing, I attached some of the State of Florida guidelines. Please advise. Exhibits Attached: Chapter I and 2 comments, State Purchasing Guidelines City Man Office Department LEGISLATIVE lcape- ydocen n council\meetin 1\11-20-01\code.doc City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes CHAPTER 1 — GENERAL PROVISIONS Sec. 1-15. General penalty. (a) The violation of or failure to comply with any provision of this Code shall constitute an offense against the city, and where no specific penalty is provided therefor, shall subject the offender, upon conviction, to a fine of not to exceed $500.00 or imprisonment for a period of trot to exceed 60 days or by both such fine and imprisonment. (b) Any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance of the city shall be deemed a public nuisance and shall be subject to abatement by the city. (c) Each and every act, action or thing done in violation of the provisions of this Code or ordinances of the city shall be construed, deemed and taken as a separate and distinct violation of such provisions of this Code, and in every event that a 3violation of this Code or any of the provisions of this Code shall continue, each day of such continuance shall be deemed, construed and taken as a separate and distinct violation of the provisions of this Code that such condition so allowed to continue shall violate. (Code 1981, § 801.05) *Proposed Change to Sec. 1-15. General penalty. Rocky Randels paragraph (a)..."for a period of not to exceed 60 days..." Is this still the correct term? It's 19 years old since enacting in 1981. City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes ARTICLE II — CITY COUNCIL DIVISION 2. COMPENSATION* Sec. 2-41. Established for councilmembers other than mayor. The compensation for the members of the city council other than the mayor shall be $2,400.00 per year. (Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94) Sec. 2-42. Established for mayor. The compensation for the mayor shall be $3,200.00 per year. (Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94) *Proposed Change to Sec. 2-41. and Sec. 2-42. Richard Treverton Change $2,400 to $4,000" and "Change $3,200 to $6,000" 2 2001 Council Salary Survey CRY Population Council Salar /Year Mayor Salary Misc. Cocoa Beach 12,812 4,800.00 4,800.00 Cocoa 12,812 6,000.00 6,600.00 Indian Harbor Beach 7,853 600.00 600.00 Malabar 2,451 0.00 0.00 Melbourne 69,017 7,500.00 9,000.00 Melbourne Beach 3,263 3,100.00 3,800.00 Palm Bay 77,000 4,000.00 8,000.00 Rockledge 19,395 3,600.00 3,600.00 Satellite Beach 10,227 0.00 0.00 Titusville 41,706 5,200.00 7,134.00 West Melbourne 9,647 2,400.00 3,000.00 25.00/per diem City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes ARTICLE II — CITY COUNCIL DIVISION 3. MEETINGS* Sec. 2-57. Special meetings. (a) A special meeting of the city council may be initiated by any of the following means: (1) By an affirmative vote of a majority of the city council pursuant to the Charter, art. V, § 1. (2) By serving the city clerk notice in writing and signed by a majority of the city council. The clerk shall forthwith give verbal or written notice to each member of the council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. (3) By verbal notice to the city clerk or the city manager by a majority of the city council whenever an emergency exists which requires immediate action by the council. The clerk shall forthwith attempt to give notice to each member of the council stating the hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not affect the legality of the meeting. (b) All special meetings shall be held in the city hall or such other place as designated by a majority of the council in open session and shall be open to the public and the press. (Code 1981, § 271.03) *Proposed Changes to Sec. 2-57. Special meetings. Susan Stills Delete the language "forthwith" in sub -paragraphs (2) & (3) Change to "immediately." In sub -paragraph (b) change to "shall be held in the City Hall Annex." Sec. 2-58. Workshop meetings. Workshop meetings may be called to informally discuss matters relating the city business, including matters to be placed on the agenda for the succeeding regular council meeting, by a verbal notice served on the city clerk at a regular meeting of the city council or in writing and signed by a majority of the councilmembers. Worksop rnedtings shall' be held in the city hall annex and shall be open to the public and press. Notice of workshop meetings shall be posted 24 hours in advance at the city hall. Minutes of the workshop meeting shall be prepared and distributed to council members. 95) (Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04), 8-17-93; Ord. No. 26-95, § 1, 11-9- 3 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes *Proposed Change to Sec. 2-58. Workshop meetings. Buzz Petsos Add "or any other place so designated by Council" for example, the Water Reclamation Plant. Sec. 2-59. Preparation of ordinances and resolutions prior to meeting. All ordinances and resolutions prepared shall be filed with the city clerk and a permanent reference number assigned prior to consideration by the council at any regular meeting. A copy shall normally be furnished to each councilmember at the workshop meeting prior to the regular meeting at which the ordinance or resolution shall be considered. If the workshop meeting is not held, a copy of the proposed ordinance or resolution shall be sent to the residence of each councilmember and to the office of the city attorney at least 48 hours prior to the regular meeting. (Code 1981, § 271.05(D)) *Proposed Changes to Sec. 2-59. Preparation of ordinances and resolutions prior to meeting. Rocky Randels Delete "mss held,UUFH61U8FeG. If Me WGFKGnGp meet'Rg IS Ret a copy of the proposed ordinance or resolution shall be sent to the residence of each council member and to the office of the city attorney at least 48 hours prior to the regular meeting." Change "48 hours" to "96 hours" Buzz Petsos Workshop meetings prior to regular meeting needs to be changed, (discussed by us) Richard Treverton Must we mail ordinances to residences of each council member? Susan Stills Delete - of the Gity attOPRey at least 49 heuFs prieF to the regular MeetiRg." Change language to read, "A copy of the ordinance or resolution for adoption at the regular meeting is furnished in Council Agenda packet." 12 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes Sec. 2-60. Preparation and notice of agenda. (a) There shall be an official agenda of every meeting of the council which shall determine the order of business conducted at the meeting. (b) All items to be placed on the agenda must be initiated by a member of the city council, the city attorney, city clerk or city manager. (c) All items to be placed on the agenda must be filed with the city clerk prior to or during the workshop meeting pursuant to section 2-58. If the workshop is not held, any member of the city council, the city attorney, city clerk or city manager may place an item on the agenda, provided that the item must be filed with the city ctek price#o 12.t0 noorl on -the Friday preceding the regularrmeeting. This agenda will then be sent to the residence of each of the members of the city council and to the office of the city attorney at least 48 hours prior to the regular meeting. (d) Public notice of the agenda for all meetings shall be served by posting the agenda in a conspicuous place in city hall prior to 1:00 p.m. the day preceding the meeting. (Code 1981, § 271.06(A) --(C), (E)) *Proposed Changes to Sec. 2-60. Preparation and notice of agenda. Rocky Randels Delete All items to be plaGed en the ageRda must be filed with the Gity GIGFk PFiGF tO GF - any Change 48 hours to 96 hours. Buzz Petsos Needs new wording... possible longer lead time for agenda items to Council prior to the Tuesday meeting. When a holiday falls on a Monday and we receive the agenda on Friday, it only leaves Tuesday (one work day) to get info back on questions that might arise. Susan Stills We need to establish a time for submitting agenda items prior to publishing. Suggest: by 5:00 p.m., 24 hours prior to publishing the Agenda. Sec. 2-63. Sergeant at arms. The sergeant at arms shall be present at regular council meetings when so requested by any member of the city council or by the city manager. *Proposed Changes to Sec. 2-63. Sergeant at arms. Ed Gardulski Question on the Section. '01 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes Sec. 2-64. Call to order; quorum; roll call. (a) The presiding officer of the city council shall take the chair at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor and the mayor pro tem, any councilmember may call the meeting to order at the appointed hour. (b) In a regular or special meeting before proceeding with the business of the council, the city clerk or his designee shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes. (c) If;a�quprum is�not,prasertt�atthe toll call; no further business shall be transacted and a recess shall be automatic for a period of 30 minutes or until a quorum is in attendance, whichever shall first occur. If a quorum is not in attendance at the end of the 30 -minute recess, the meeting shall be automatically adjourned. (d) In the absence of the mayor and the mayor pro tem and a quorum is present, the first order of business shall be the election of a temporary presiding officer. Upon arrival of the mayor or mayor pro tem, the temporary presiding officer shall relinquish the chair upon the conclusion of the business immediately before the council. (Code 1981, § 271.13) *Proposed Changes to Sec. 2-64. Call to order; quorum; roll call. Richard Treverton Is the word "Quorum" specifically defined to mean "three?" Sec. 2-65. Minutes. The minutes of the previous regular meeting of the city council shall be adopted by reference, unless request is made by a councilmember for the minutes to be read in their entiretv. The city clerk shall havtmavailah1a to Faarh +E,_ ...:. :: _ _ _ _ __ ...._ J _ There shall be copies of the minutes posted on the bulletin -board and copies available for the citizens to examine at the city meeting. The minutes of the meeting shall be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. Amended copies of the minutes will be distributed to each councilmember. (Code 1981, § 271.14) *Proposed Changes to Sec. 2-65. Minutes. Richard Treverton This means that the City Clerk shall never get behind. Is this what we want? 9 City of Cape Canaveral, Florida Code Review — Chapters & 2 Proposed Changes Sec. 2-66. Consideration of matters before council. (a) The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the councilmembers present have first consented to the presentation of the matter for consideration and action. (b) All items of business shall be considered in accordance with the agenda and announced by the presiding officer. Any motion shall then be appropriate. (c) When a motion is presented and seconded, it is under consideration, and no motion shall be received thereafter, except to adjourn to recess, to lay on the table, to postpone or to amend, until the question is decided. These motions shall have preference in the order in which they are mentioned and the motions to adjourn, to recess and to lay on the table shall be decided without debate. Final action upon a pending motion may be deferred until the next regular meeting by a majority of the members present. (d) The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are imposed by this division upon all members, and the presiding officer shall not be deprived of any of the rights and privileges of a councilmember because of his being the presiding officer. (e) Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. A member once recognized shall not be interrupted when speaking unless the interruption shall be to call the councilmember to order or as otherwise provided in this division. (f) Any citizen present at the meeting may orally petition the presiding officer to address the council. Permission shall be granted only after a showing that the subject matter is relevant to the business under consideration and is significantly informative to the council. (g) Each person addressing the council shall stand, shall give his or her name and address in an audible tone for the minutes and, unless further time is granted by the council, shall limit his or her address to five minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked councilmembers except through the presiding officer. (h) Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the council shall be barred from further audience before the council by the presiding officer, unless permission to continue or again address the council is granted by the majority of the council. (i) The councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing debate. (Code 1981, § 271.15; Ord. No. 39-93, § 3, 10-19-93) rA City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes *Proposed Changes to Sec. 2-66. Consideration of matters before council. Rocky Randels Could a brief but complete list of procedures be prepared for audience guidelines from this section? City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes ARTICLE III — OFFICERS AND EMPLOYEES DIVISION 2. CITY MANAGER Sec. 2-102. Deputy city manager. The city"d may be the deputy city manager. The deputy city manager shall act for the city manager during sickness or absence of the city manager and shall be responsible for the functions of the office. (Code 1981, § 231.13) *Proposed changes to Sec. 2-102. Deputy City Manager. Susan Stills Change to — The City Manager or City Council shall appoint an Acting City Manager. Ed Gardulski Change to — The City Manager shall designate a Deputy City Manager. we City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes ARTICLE IV — BOARDS, COMMITTEES, COMMISSIONS Rocky Randels Can we place all volunteer Boards under this heading to provide easy location? DIVISION 2. BEAUTIFICATION BOARD Sec. 2-181. Established, membership, terms, qualifications. (a) A beautification board, which shall consist of seven members and two alternate members, is established. (b) A!1 members of the beautification board shall be residents of the city for at leaO 112"m onths,1 iafelyrpreceding appointment. Each board member shall be a registered voter. (c) The members of the beautification board shall be appointed by the city council, and the term of office of each member shall be for two years. The terms shall expire in the month of November of each year. All members shall serve at the pleasure of the city council. All vacancies shall be filled for the unexpired term by the city council. (d) The two alternates shall be restricted from voting except as specified in subsection (e) of this section. The two alternate members shall, when appointed by the city council, be designated as first and second alternate members. At such time as the first alternate member loses his alternate status by leaving the board, or by appointment as a regular board member, the first alternate board member shall be that alternate board member with a longer service as an alternate board member. The remaining alternate board member shall be designated as the second alternate board member. (e) In the absence of a regular board member from an official board meeting, the first alternate board member shall assume all duties of the absent regular member, including the right to vote on any matter before the board. If two or more regular board members are absent from a board meeting, the second alternate member shall assume all the duties of an absent regular member, including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on all matters before the board at that meeting. (Code 1981, § 251.01; Ord. No. 48-93, § 1, 1-4-94) *Proposed changes to Section 2-181. Established, membership, terms, qualifications. Rocky Randels Is this still permissible to require? Ed Gardulski Change 12 months to 6 months. 10 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes Sec. 2-182. Meetings; bylaws; officers. (a) Regular meetings of the beautification board shall be held at least once each month at the city hall, and special meetings of the board shall be held at such times and at such places as the board may direct. All regular meetings of the beautification board shall be open to the public. (b) The board shall adopt its own bylaws and rules of procedure, which shall not be inconsistent with the laws of the state, the Charter or this Code, subject to approval by the city council. (c) The board shall elect from its own members a chairman and a vice=chairman and the officers shall serve for a term of one year or until their successors have been elected and qualified. (Code 1981, § 251.02) *Proposed change to Section 2-182. Meetings; bylaws; officers. Susan Stills Change to "Chairperson and Vice -Chairperson" 11 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes ARTICLE V. FINANCE DIVISION 2. PURCHASING Sec. 2-216. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bid means a formal written and sealed response to a formal advertisement for specified requirements. Bidder means an offeror who submits a bid or proposal to the city. Blanket purchase order means a continuing purchase order designed to capture cumulative transactions to reduce the administrative costs of placing recurrent orders with an established vendor. Construction means and includes all improvements to real property. Contract means a mutually binding legal relationship between the city and another party obligating the other party to furnish supplies, services or construction to the city and the city to pay for them. It includes all types of commitments that obligate the city to an expenditure of funds, and that, except as specifically provided in this division, are in writing. Contracts include bilateral instruments, purchase orders, contract modifications and orders under blanket purchase orders. Proposal means an offer submitted to the city in response to a city request for proposals which permits persons to offer, at least in part, the method or manner of contract performance or to specify alternatives to the stated city requirements. Purchase order means a unilateral instrument issued by the city ordering supplies, services, or construction which becomes a contract by the other party through formal acceptance or by performance. Services means and includes all personal and nonpersonal services, utilities, insurance, leases for real and personal property, rental, repairs, and maintenance of real or personal property. The term shall not include professional services. (Ord. No. 9-93, § 3(205.01), 5-18-93) Cross reference(s)--Definitions and rules of construction generally, § 1-2. Question on Section 2-216. Definitions. Buzz Petsos Any input from the Finance Department? Does this follow State Statute guidelines? Sec. 2-218. Procedure. All purchases by the city, except as otherwise provided in this division, when the estimated i cost thereof shaltlexceed $5'000.00, shall be purchased by formal written bilateral contract from the lowest responsible bidder after due notice inviting bids or proposals. (1) Notice. Notice inviting bids or proposals shall be published in at least one official newspaper with general circulation in the county at least five days preceding the last 12 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes day set for the receipt of proposals. The newspaper notice required shall include a general description of the supplies, services or construction to be purchased and shall state where bid blanks and specifications may be secured and the time and place for opening bids. The city shall also advertise pending purchases by a notice posted on the public bulletin board in city hall. (2) City bidders list. The city shall also solicit bids or proposals from all responsible prospective bidders whose names appear on the bidders list maintained by the city. The city shall send a copy of the newspaper notice described in subsection (1) of this section to each bidder whose name appears on the city bidders list. The city shall mail the notices as aforesaid only to those bidders who ordinarily provide supplies, services or construction similar in character to those called for by the invitation for bids or request for proposals. Prospective bidders may have their names added to the city bidders list in accordance with procedures to be adopted by the city manager. (3) Bid deposits. When deemed necessary by the city, bid deposits shall be prescribed in the public notices inviting bids or proposals. Unsuccessful bidders shall be entitled to the return of surety where the city has required such. A successful bidder shall forfeit any surety required by the city upon failure to enter into a contract upon the terms contained in the bidder's bid or proposal within ten days after the award. (4) Bid opening. Bids and proposals shall be submitted sealed to the city and shall identify the city invitation for bid or request for proposal number on the outer envelope. Bids and propoals shall be opened at the time and place stated in the public notice. A tabulation of all bids and proposals received shall be posted for public inspection on the bulletin board in the city hall. (5) Rejection of bids. The city shall have the authority to reject all bids or proposals when the public interest will be served thereby. The city may reject the bid or proposal of a bidder when: a. The bid or proposal does not conform to the technical specifications; b. The bid or proposal is facially nonconforming as to acceptable materials and components or services; or C. The bid materially and substantially differs from the invitation for bids or request for proposals. (6) Ineligible contractors. The city shall not solicit or accept the bid or proposal of a contractor who is in the default of payment of taxes, license fees or other monies due the city. (7) Award to other than low bidder. When the award is not made to the lowest bidder, a full and complete statement of the reasons for placing the contract elsewhere shall be prepared by the city and filed with other documents relating to the invitation for bids or request for proposals. (8) Tie bids. If all bids or proposals received are for the same total amount or unit price, quality and services being equal, the contract shall be awarded to any bidder with a place of business within the city. Where tie bids are received from more than one bidder with a place of business within the city or where all tie bidders do not have a place of business within the city, the city shall award the contract to one of the tie bidders by drawing lots in public. 13 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes (9) Performance bond. The city shall have the authority to require a performance bond before entering into any contract in such amount as the city shall find reasonably necessary to protect its interest. (Ord. No. 9-93, § 3(205.05), 5-18-93) *Proposed changes to Section 2-218. Procedure. ... when the estimated cost-,,,, exceed S Rocky Randels Change $5,000 to 20,000 Richard Treverton Change $5,000 to 10,000 Ed Gardulski Change $5,000 to 20,000 Rocky Randels Add sub -paragraph (5)(d) — "The bid is not received by bid opening deadline." Sec. 2-219. Open market purchase procedures. All purchases with an estimated value of $5,000.00 or less shall be made on the open market without observing the procedure prescribed by section 2-218 for the award of contracts. Purchases of greater than $500.00 but less than $5,000.00 will be obtained by soliciting written quotes prior to awarding a contract or purchase order. All purchas�s exceeding $500.00 but not'exceeding $5,000.00 shall be approved by the city manager. Except in the case of emergency, the city purchasing agent shall solicit at least three competitive quotes by way of mail, telephone or other suitable means, and the quote of the lowest responsible bidder shall be accepted. The city purchasing agent shall keep a record of all open market purchases and the bids submitted in competition therefor and such records shall be open to public inspection. If the open market purchase sought is less than $500.00, the city purchasing agent shall make purchases according to best commercial practice. (Ord. No. 9-93, § 3(205.07), 5-18-93) *Proposed changes to Section 2-219. Open Market purchase procedures Rocky Randels All purcha ° €ith an estimated value OU :65,000.00... Change $5,000 to $20,000 14 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes Purchases=of greateuthan $500i,00 but less than $5;000.00 Change $500.00 to $5,000 Change $5,000 to $2,000 Change $500 to $1,000 Change $5,000 to $10,000 Change $500 to $1,000 Richard Treverton Change $5,000 to $10,000 Change $500 to $1,000 Ed Gardulski All purchases with ars estimated value of $5,000.00... . Change $5,000 to $20,000 Purchases of greater than $500.00 but less than $5,000.00 Change $500 to $2,000 Purchases of greaterthan°$500.00 but less than $5,000.00 Change $500 to $2,000 Change $5,000 to $20,000 ....but not exceeding $5,000 shall be approved by the City Manager. Change $5,000 to $20,000 If the open market purchase sought is less than $500.00, ... . Change $500 to $2,000 Sec. 2-222. Cooperative purchasing. (a) The city may procure, without compliance with the competitive purchasing procedures of the this division, supplies, services and construction under the terms of contracts entered into by or through other governmental agencies as follows: (1) The United States government General Services Administration (GSA), or other such federal contract; (2) State department of purchasing and procurement; (3) Brevard County; (4) Multicounty cooperatives; or (5) Cooperative purchasing agreements as designated by the city council. 15 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes (b) The city manager shall approve any purchase from the agencies described in subsection (a) of this section which exceeds $500. ,00 00 but does not exceed $50.00 The city council shall approve any such purchase which exceeds $5,000.00. (Ord. No. 9-93, § 3(205.13), 5-18-93) *Proposed changes to Section 2-222. Cooperative purchasing. (b) The City Manager shall approve any purchase from the agencies described in subsection (a) of this section which exceeds $500.00 but does not exceed $5,000.00 The City Council shall approve any such purchase which exceeds $5,000.00 Rocky Randels Change $500 to $1,000 Change $5,000 to $10,000 Ed Gardulski Change $500 to $2,000 Change $5,000 to $20,000 Sec. 2-224. Blanket purchase orders. The city may issue blanket purchase orders when the city council determines that a blanket purchase order shall be more cost effective to provide means for capturing total requirements for noncapital items for a period of time not to exceed 12 months. Any blanket purchase orders, purchases from which are expected to exceed $5,000.00, shall be entered into using the procedures described in section 2-218. Other blanket purchase orders, purchases from which expected to exceed $500.00, shall be entered into utilizing open market procedures. Each purchase requisition issued against the blanket purchase order may be issued by the city purchasing agent without further approval. No blanket purchase order issued by the city shall confer upon any person the exclusive right to furnish the city's requirements for the supplies, services or construction called for by the blanket purchase order. (Ord. No. 9-93, § 3(205.17), 5-18-93) *Proposed change to Section 2-224. Blanket purchase orders. Any blanket purchase orders, purchases from which are expected to exceed $0,000.00, shall be entered into using the procedures described in Section 2-218. Other blanket purchase orders, purchases from which expected to exceed $500.00, Ed Gardulski Change $5,000 to $20,000 Change $500 to $2,000 iR City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes ARTICLE V. FINANCE DIVISION 3. IMPACT FEES. Sec. 2-232. Exemptions. The impact fees imposed in this division shall apply to all new construction within the city, except the following: (1) Expansion of a residential dwelling unit, so long as no new dwelling unit is created thereby. (2) Remodeling, repair, rebuilding or restoration of any structure, so long as no substantial additional impact to the services addressed in this division, as determined by the city manager and subject to the appeal to the city council by an aggrieved applicant, is caused thereby. (3) Construction of any nonresidential structure by any agency of federal, state or local government. (Ord. No. 41-93, § 1(719.03), 10-19-93) *Proposed change to Section 2-232. Exemptions. Rocky Randels Add to Paragraph (1) "not to exceed 125% of original construction." Sec. 2-233. Schedule. shall be established and general government, police and fire and rescue services. The amounts of the impact fees are contained in appendix B to this Code. The city council may, from time to time, revise the amounts of the impact fees by resolution. (Ord. No. 41-93, § 1(719.05), 10-19-93) *Proposed changes to Section 2-233. Schedule Rocky Randels Add "water reclamation plant, storm drains and roads" Sec. 2-236. Capital expansion trust funds. (a) Established. The following capital expansion trust funds are hereby established: (1) Parks and recreation services special revenue fund; (2) Library services capital expansion special revenue fund; (3) General government services capital expansion special revenue fund; (4) Police protection capital expansion special revenue fund; and (5) Fire protection capital expansion special revenue fund. (b) Collection; deposit. Upon collection of the applicable impact fees imposed by this division, the same shall be earmarked to ensure that the impact fees are ultimately 17 City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes expended in connection with the improvements for which they were paid, by crediting the impact fees to the appropriate capital expansion trust fund or account. Notwithstanding the foregoing, however, the designation and establishment of any capital expansion trust fund or account shall not be construed to require the establishment of any completely independent, self -balancing funds or accounts, as such terms are commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of the impact fees collected for certain purposes. The impact fees of the earnings thereon may be deposited immediately upon collection in five separate interest-bearing bank accounts established in the names of each of the capital expansion trust funds or accounts; a single, interest-bearing bank account; an interest-bearing bank account in which other funds of the city are on deposit; or any combination of the foregoing; provided that, in each case, the account or funds are with a depository authorized to receive deposits of city funds and that standard accounting records are maintained to reflect the earmarking of the monies therein for the various purposes of the capital expansion trust funds or accounts. The capital expansion trust funds or accounts shall be maintained on the books of the city as separate and distinct from all other funds and accounts of the city. Interest earned on the impact fees shall be credited to each of the capital expansion trust funds or accounts in the appropriate percentages. (c) Use. (1) Funds credited to each capital expansion account shall be used only for the purpose of expansion or acquisition of capital facilities or equipment for the particular service named in each account. Expenditures from each account shall be specifically approved by the city council, shall be limited to the expansion or acquisition of such capital facilities, or for payments, including sinking fund payments, on bonds or other certificates of indebtedness executed for the purpose of expansion or acquisition of those facilities or equipment. Before authorizing an expenditure from any one of these trust accounts, the city shall determine that: a. The expenditure is for capital facilities or equipment to be used for the purpose of such account; b. The expenditure is required by new construction from which such funds were collected; and C. The expenditure will result predominantly in a special benefit to new construction, as opposed to pre-existing uses. (2) The city shall have the right to modify or delete any of the proposed capital improvements or expenditures within each of the general categories of the improvements and specialized equipment reflected in any impact fee study report upon which the fees imposed in this division are based or to add capital improvements or expenditures within those general categories, provided that the total amount of impact fees credited to each of the applicable capital expansion trust funds or accounts is ultimately expended for the purposes of such capital expansion trust funds or accounts in the amount set forth in section 2-233. (Ord. No. 41-93, § 1(719.11), 10-19-93) *Proposed change to Section 2-236. Capital expansion trust funds. City of Cape Canaveral, Florida Code Review — Chapters1 & 2 Proposed Changes Rocky Randels Do we keep all funds as outlined? Add (6) Water reclamation, (7) Storm drains & (8) Roads Sec. 2-237. Capital expansion plans. (a) The city council shall adopt a capital expansion' plant for each such trust account established in this division. Such plans shall be reviewed annually during the budget review process. (b) The impact fees=imposed hereby shalt be reviewed biannually. At such time the city council shall analyze the projected construction within the city, the cost of any new or expanded capital facilities and equipment of parks and recreation, library, general government, and fire and rescue services which shall be generated by that construction, and the funds otherwise available to finance those costs. (Ord. No. 41-93, § 1(719.13), 10-19-93) *Questions on Section 2-237. Capital expansion plans. (a) The City Council shall adopt a capital expansion plant for each such trust account ... (b) The impact fees imposed hereby shalt be reviewed biannually_ Rocky Randels Paragraph (a) Do we have a current plan or is this in budget as Capital Expansion. Richard Treverton Paragraph (b) This statement means every other year. Is this intended? Is it done? 19 statutes ->View Statutes->2001->Ch0180->Section 24: Online Sunshine Page 1 of 1 Online Welcome CmitslegslaarigiormmiaeSunshine byi> Center IMMMT. M,I r`inaNalt View Statutes Search Statutes Constitution Laws of Florida Order Select Year: 12001 GO The 2001 Florida Statutes Title XII Chapter_380 View Entire Chapter Municipalities Municipal Public Works 180.24 Contracts for construction; bond; publication of notice; bids. -- (1) Any municipality desiring the accomplishment of any or all of the purposes of this chapter may make contracts for the construction of any of the utilities mentioned in this chapter, or any extension or extensions to any previously constructed utility, which said contracts shall be in writing, and the contractor shall be required to give bond, which said bond shall be executed by a surety company authorized to do business in the state; provided, however, construction contracts in excess of $25,000 shall be advertised by the publication of a notice in a newspaper of general circulation in the county in which said municipality is located at least once each week for 2 consecutive weeks, or by posting three notices in three conspicuous places in said municipality, one of which shall be on the door of the city hall; and that at least 10 days shall elapse between the date of the first publication or posting of such notice and the date of receiving bids and the execution of such contract documents. For municipal construction projects identified in s. 255.0525, the notice provision of that section supersedes and replaces the notice provisions in this section. (2) All contracts for the purchase, lease, or renting of materials or equipment to be used in the accomplishment of any or all of the purposes of this chapter by the municipality, shall be in writing; provided, however, that where said contract for the purchase, lease, or renting of such materials or equipment is in excess of $10,000, notice or advertisement for bids on the same shall be published in accordance with the provisions of subsection (1). History. --s. 18, ch. 17118, 1935; CGL 1936 Supp. 3100(23); s. 3, ch. 73-129; s. 19, ch. 90-279; s. 27, ch. 95-196. Note. --Former s. 255.26. Welcome • Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2001 State of Florida. Contact us. Privacy Statement http://www.leg. state. flus/statutes/index.cfm?App_mode=Display_Statute& Search_String... 11/14/2001 statutes ->View Statutes->2001->Ch0287->Section 017: Online Sunshine Pago 1 of 1 Online Welrre Session Committees IIIOMotoi 1Sunshine Coter � o mon View Statutes Search Sralutps La,sis of Forida Order Select Year: 2001 - GO The 2001 Florida Statutes Title XIX Chapter 287 View Entire Chapter Public Business Procurement Of Personal Property And Services 287.017 Purchasing categories, threshold amounts; procedures for automatic adjustment by department. -- (1) The following purchasing categories are hereby created: (a) CATEGORY ONE: $15,000. (b) CATEGORY TWO: $25,000. (c) CATEGORY THREE: $50,000. (d) CATEGORY FOUR: $150,000. (e) CATEGORY FIVE: $250,000. (2) The department shall adopt rules to annually adjust the amounts provided in subsection (1) based upon the rate of change of a nationally recognized price index. Such rules shall include, but not be limited to, the following: (a) Designation of the nationally recognized price index or component thereof used to calculate the proper adjustment authorized in this section. (b) The procedure for rounding results. (c) The effective date of each annual adjustment based upon the previous calendar year data. History. --ss. 5, 13, ch. 86-204; ss. 12, 34, ch. 90-268; s. 3, ch. 96-236; s. 17, ch. 98-65; s. 75, ch. 98-279; s. 43, ch. 99-399. Welcome • Session • Committees • _Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2001 State of Florida. Contact us. Privacy Statement http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&Search—String... 11/14/2001 statutes ->View Statutes->2001->Ch0287->Section 057: Online Sunshine Page 1 of 5 Online Welcome � Session � tmnitees egisiors111101100for 1Lobbyist SunShine enter 0forwata r View Statutes ti arch Statul"s constitution Law✓s of Florida 0 -der Select Year: 2001 - Go The 2001 Florida Statutes Title XIX Chapter 287 View Entire Chapter Public Business Procurement Of Personal Property And Services 287.057 Procurement of commodities or contractual services. -- (1) Unless otherwise authorized by law, all contracts for the purchase of commodities or contractual services in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO shall be awarded by competitive sealed bidding. An invitation to bid shall be issued which shall include a detailed description of the commodities or contractual services sought; the date for submittal of bids; and all contractual terms and conditions applicable to the procurement of commodities or contractual services, including the criteria which shall include, but need not be limited to, price, to be used in determining acceptability of the bid. If the agency contemplates renewal of the contract, it shall be so stated in the invitation to bid. The bid shall include the price for each year for which the contract may be renewed. Evaluation of bids shall include consideration of the total cost for each year as quoted by the bidder. No criteria may be used in determining acceptability of the bid that was not set forth in the invitation to bid. The contract shall be awarded with reasonable promptness by written notice to the qualified and responsive bidder who submits the lowest responsive bid. This bid must be determined in writing to meet the requirements and criteria set forth in the invitation to bid. (2) When an agency determines in writing that the use of competitive sealed bidding is not practicable, commodities or contractual services shall be procured by competitive sealed proposals. A request for proposals which includes a statement of the commodities or contractual services sought and all contractual terms and conditions applicable to the procurement of commodities or contractual services, including the criteria, which shall include, but need not be limited to, price, to be used in determining acceptability of the proposal shall be issued. If the agency contemplates renewal of the commodities or contractual services contract, it shall be so stated in the request for proposals. The proposal shall include the price for each year for which the contract may be renewed. Evaluation of proposals shall include consideration of the total cost for each year as quoted by the offeror. To assure full understanding of and responsiveness to the solicitation requirements, discussions may be conducted with qualified offerors. The offerors shall be accorded fair and equal treatment prior to the submittal date specified in the request for proposals with respect to any opportunity for discussion and revision of proposals. The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and the other criteria set forth in the request for proposals. The contract file shall contain the basis on which the award is made. (3) If an agency determines that the use of an invitation to bid or a request for a proposal will not result in the best value to the state, based on factors including, but not limited to, price, quality, design, and workmanship, the agency may procure commodities and contractual services by an invitation to negotiate. An agency may procure commodities and contractual services by a request for a quote from vendors under contract with the department. (4) When the purchase price of commodities or contractual services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, no purchase of commodities or contractual services may be made without receiving competitive sealed bids, competitive sealed proposals, or responses to an invitation to negotiate or a request for a quote unless: (a) The agency head determines in writing that an immediate danger to the public health, safety, or welfare or other substantial loss to the state requires emergency action. After the agency head makes such a written determination, the agency may proceed with the procurement of commodities or contractual services necessitated by the immediate danger, without competition. However, such emergency procurement shall be made with such competition as is practicable under the circumstances. The agency shall furnish copies of the written determination certified under oath and any other documents relating to the emergency action to the department. A copy of the statement shall be furnished to the Comptroller with the voucher authorizing payment. The individual purchase of personal clothing, shelter, or supplies which are needed on an emergency basis to avoid institutionalization or placement in a more restrictive setting is an emergency for the purposes of this paragraph, and the filing with the department of such statement is not required in such circumstances. In the case of the emergency purchase of insurance, the period of coverage of such insurance shall not exceed a period of 30 days, and all such emergency purchases shall be reported to the department. (b) Purchasing agreements and contracts executed by the department or by agencies under authority delegated by the department in writing are excepted from bid requirements. (c) Commodities or contractual services available only from a single source may be excepted from the bid requirements if it is determined that such commodities or services are available only from a single source and such determination is documented. However, if such contract is for an amount greater than the threshold amount provided in s. 287.017 for CATEGORY FOUR, the agency head shall file a certification of conditions and circumstances with the department and shall obtain the prior approval of the department. The failure of the department to approve or disapprove the request of an http://www.leg. state. fl.us/statutes/index. cfm?App_mode=Display_Statute& Search_String... 11/14/2001 statutes ->View Statutes->2001->Ch0287->Section 057: Online Sunshine Page 2 of 5 agency for prior approval within 21 days after receiving such request or within 14 days after receiving from the agency additional materials requested by the department shall constitute prior approval of the department. To the greatest extent practicable, but no later than 45 days after authorizing the exception in writing, the department shall combine single - source procurement authorizations for identical information technology resources for which the purchase price exceeds the threshold amount provided in s. 287.017 for CATEGORY FOUR, and shall negotiate and execute volume purchasing agreements for such procurements on behalf of the agencies. (d) When it is in the best interest of the state, the Secretary of Management Services or his or her designee may authorize the Support Program to purchase insurance by negotiation, but such purchase shall be made only under conditions most favorable to the public interest. (e) Prescriptive assistive devices for the purpose of medical, developmental, or vocational rehabilitation of clients are excepted from competitive sealed bid and competitive sealed proposal requirements and shall be procured pursuant to an established fee schedule or by any other method which ensures the best price for the state, taking into consideration the needs of the client. Prescriptive assistive devices include, but are not limited to, prosthetics, orthotics, and wheelchairs. For purchases made pursuant to this paragraph, state agencies shall annually file with the department a description of the purchases and methods of procurement. (f) The following contractual services and commodities are not subject to the competitive sealed bid requirements of this section: 1. Artistic services 2. Academic program reviews. 3. Lectures by individuals. 4. Auditing services. 5. Legal services, including attorney, paralegal, expert witness, appraisal, or mediator services. 6. Health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration. 7. Services provided to persons with mental or physical disabilities by not-for-profit corporations which have obtained exemptions under the provisions of s. 501(c)(3) of the United States Internal Revenue Code or when such services are governed by the provisions of Office of Management and Budget Circular A-122. However, in acquiring such services, the agency shall consider the ability of the contractor, past performance, willingness to meet time requirements, and price. 8. Medicaid services delivered to an eligible Medicaid recipient by a health care provider who has not previously applied for and received a Medicaid provider number from the Agency for Health Care Administration. However, this exception shall be valid for a period not to exceed 90 days after the date of delivery to the Medicaid recipient and shall not be renewed by the agency. 9. Family placement services. 10. Prevention services related to mental health, including drug abuse prevention programs, child abuse prevention programs, and shelters for runaways, operated by not-for-profit corporations. However, in acquiring such services, the agency shall consider the ability of the contractor, past performance, willingness to meet time requirements, and price. 11. Training and education services provided to injured employees pursuant to s. 440.49(1). 12. Contracts entered into pursuant to s. 337.11. 13. Services or commodities provided by governmental agencies (g) Continuing education events or programs that are offered to the general public and for which fees have been collected that pay all expenses associated with the event or program are exempt from competitive sealed bidding. (5) If less than two responsive bids or proposals for commodity or contractual services purchases are received, the department or the agency may negotiate on the best terms and conditions. The agency shall document the reasons that such action is in the best interest of the state in lieu of resoliciting competitive sealed bids or proposals. The agency shall report all such actions to the department on a quarterly basis, in a manner and form prescribed by the department. (6) Upon issuance of any invitation to bid or request for proposals, an agency shall forward to the department one copy of each invitation to bid or request for proposals for all commodity and contractual services purchases in excess of the threshold amount provided in s. 28.7.017 for CATEGORY TWO. An agency shall also, upon request, furnish a copy of all http: //www.leg. state. fl. us/statutes/index. cfm?App_mode=Display_Statute&Search_String... 11/14/2001 statutes ->View Statutes->2001->Ch0287->Section 057: Online Sunshine Page 3 of 5 competitive sealed bid or competitive sealed proposal tabulations. The Office of Supplier Diversity may also request from the agencies any information submitted to the department pursuant to this subsection. (7)(a) In order to strive to meet the minority business enterprise procurement goals set forth in s. 287.09451, an agency may reserve any contract for competitive sealed bidding only among certified minority business enterprises. Agencies shall review all their contracts each fiscal year and shall determine which contracts may be reserved for bidding only among certified minority business enterprises. This reservation may only be used when it is determined, by reasonable and objective means, before the invitation to bid that there are capable, qualified certified minority business enterprises available to bid on a contract to provide for effective competition. The Office of Supplier Diversity shall consult with any agency in reaching such determination when deemed appropriate. (b) Before a contract may be reserved for bidding only by certified minority business enterprises, the agency head must find that such a reservation is in the best interests of the state. All determinations shall be subject to s. 287.09451(5). Once a decision has been made to reserve a contract, but before sealed bids are requested, the agency shall estimate what it expects the amount of the contract to be, based on the nature of the services or commodities involved and their value under prevailing market conditions. If all the sealed bids received are over this estimate, the agency may reject the bids and request new ones from certified minority business enterprises, or the agency may reject the bids and reopen the bidding to all eligible qualified bidders. (c) All agencies shall consider the use of price preferences of up to 10 percent, weighted preference formulas, or other preferences for contractors as determined appropriate pursuant to guidelines established in accordance with s. 287.09451 (4) to increase the participation of minority business enterprises. (d) All agencies shall avoid any undue concentration of contracts or purchases in categories of commodities or contractual services in order to meet the minority business enterprise purchasing goals in s. 28_7.09451. (8) An agency may reserve any contract for competitive sealed bidding only among qualified bidders who agree to utilize certified minority business enterprises as subcontractors or subvendors. The percentage of funds, in terms of gross contract amount and revenues, which must be expended with the certified minority business enterprise subcontractors and subvendors shall be determined by the agency before such contracts may be reserved. In order to bid on a contract so reserved, the qualified bidder shall identify those certified minority business enterprises which will be utilized as subcontractors or subvendors by sworn statement. At the time of performance or project completion, the contractor shall report by sworn statement the payments and completion of work for all certified minority business enterprises used in the contract. (9) An agency shall not divide the procurement of commodities or contractual services so as to avoid the requirements of subsections (1), (2), and 1(3). (10) A contract for commodities or contractual services may be awarded without competition if state or federal law prescribes with whom the agency must contract or if the rate of payment is established during the appropriations process. (11) If two equal responses to an invitation to bid or request for proposals are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise. (12) Extension of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor. (13) Except for those contracts initially procured pursuant to zparagraph (3)(a) or 3paragraph (3)(c), contracts for commodities or contractual services may be renewed on a yearly basis for no more than 2 years or for a period no longer than the term of the original contract, whichever period is longer. Renewal of a contract for commodities or contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. If the commodity or contractual service is purchased as a result of the solicitation of bids or proposals, the cost of any contemplated renewals shall be included in the invitation to bid or request for proposals. Renewals shall be contingent upon satisfactory performance evaluations by the agency. (14) For each contractual services contract, the agency shall designate an employee to function as contract manager who shall be responsible for enforcing performance of the contract terms and conditions and serve as a liaison with the contractor. The agency shall establish procedures to ensure that contractual services have been rendered in accordance with the contract terms prior to processing the invoice for payment. (15) Each agency shall designate at least one employee who shall serve as a contract administrator responsible for maintaining a contract file and financial information on all contractual services contracts and who shall serve as a liaison with the contract managers and the department. (16) For requests for proposals, a selection team of at least three employees who have experience and knowledge in the program areas and service requirements for which contractual services are sought shall be appointed by the agency head to aid in the selection of contractors for contracts of more than the threshold amount provided in s. 287.017 for CATEGORY http://www.leg. state. fl.us/statutes/index. cfm?App_mode=Display_Statute&Search_String... 11/14/2001 statutes ->View Statutes->2001->Ch0287->Section 057: Online Sunshine Page 4 of 5 FOUR (17) No person who receives a contract which has not been procured pursuant to subsection (1), subsection (2), or lsubsection (3) to perform a feasibility study of the potential implementation of a subsequent contract, participating in the drafting of an invitation to bid or request for proposals, or developing a program for future implementation shall be eligible to contract with the agency for any other contracts dealing with that specific subject matter; nor shall any firm in which such person has any interest be eligible to receive such contract. (18) Each agency shall establish a review and approval process for all contractual services contracts costing more than the threshold amount provided for in s. 287.017 for CATEGORY THREE which shall include, but not be limited to, program, financial, and legal review and approval. Such reviews and approvals shall be obtained before the contract is executed. (19) The department may establish state contractual service term contracts. Such contracts may be utilized by any agency, county, municipality, or local public agency. (20) In any procurement that is accomplished without competition, the individuals taking part in the development or selection of criteria for evaluation, the evaluation process, and the award process shall attest in writing that they are independent of, and have no conflict of interest in, the entities evaluated and selected. (21) Nothing in this section shall affect the validity or effect of any contract in existence on October 1, 1990. (22) An agency may contract for services with any independent, nonprofit college or university which is located within the state and is accredited by the Southern Association of Colleges and Schools, on the same basis as it may contract with any institution in the State University System. (23)(a) The State Technology Office shall develop a program for on-line procurement of commodities and contractual services. To enable the state to promote open competition and to leverage its buying power, executive state agencies shall participate in the on-line procurement program, and other agencies may participate in the program. Only bidders prequalified as meeting mandatory requirements and qualifications criteria shall be permitted to participate in on-line procurement. The State Technology Office may contract for equipment and services necessary to develop and implement on-line procurement. (b) The State Technology Office, in consultation with the department, shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to implement the program for on-line procurement. The rules shall include, but not be limited to: 1. Determining the requirements and qualification criteria for prequalifying bidders. 2. Establishing the procedures for conducting on-line procurement. 3. Establishing the criteria for eligible commodities and contractual services 4. Establishing the procedures for providing access to on-line procurement. 5. Determining the criteria warranting any exceptions to participation in the on-line procurement program. (c) The Department of Management Services and the State Technology Office may collect fees for the use of the on-line procurement systems. The fees may be imposed on an individual transaction basis or as a fixed percentage of the cost savings generated. At a minimum, the fees must be set in an amount sufficient to cover the projected costs of such services, including administrative and project service costs in accordance with the policies of the Department of Management Services and the State Technology Office. For the purposes of compensating the provider, the department may authorize the provider to collect and retain a portion of the fees. The providers may withhold the portion retained from the amount of fees to be remitted to the department. The department may negotiate the retainage as a percentage of such fees charged to users, as a flat amount, or as any other method the department deems feasible. All fees and surcharges collected under this paragraph shall be deposited in the Grants and Donation Trust Fund as provided by law. (24)(a) The State Technology Office shall establish, in consultation with the department, state strategic information technology alliances for the acquisition and use of information technology and related material with prequalified contractors or partners to provide the state with efficient, cost-effective, and advanced information technology. (b) In consultation with and under contract to the State Technology Office, the state strategic information technology alliances shall design, develop, and deploy projects providing the information technology needed to collect, store, and process the state's data and information, provide connectivity, and integrate and standardize computer networks and information systems of the state. (c) The partners in the state strategic information technology alliances shall be industry leaders with demonstrated experience in the public and private sectors. http://www.leg. state. fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String... 11/14/2001 statutes ->View Statutes->2001->Ch0287->Section 057: Online Sunshine Page 5 of 5 (d) The State Technology Office, in consultation with the Department of Management Services, shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to implement the state strategic information technology alliances. History. --s. 1, ch. 78-4; s. 2, ch. 80-206; s. 4, ch. 80-374; s. 1, ch. 82-121; s. 9, ch. 82-196; s. 3, ch. 83-99; s. 3, ch. 83-192; s. 7, ch. 86-204; s. 9, ch. 88-384; s. 1, ch. 89-377; s. 17, ch. 90-268; s. 8, ch. 91-162; s. 251, ch. 92-279; s. 55, ch. 92-326; s. 7, ch. 93-161; s. 11, ch. 94-322; s. 869, ch. 95-148; s. 6, ch. 96-236; s. 30, ch. 97-153; s. 82, ch. 98- 279; s. 11, ch. 99-4; s. 50, ch. 99-8; s. 45, ch. 99-399; s. 33, ch. 2000-164; s. 11, ch. 2000-286; s. 56, ch. 2001-61; s. 4, ch. 2001-278. 'Note. --Redesignated as subsection (4) by s. 4, ch. 2001-278. eNote. --Redesignated as paragraph (4)(a) by s. 4, ch. 2001-278. 3Note.--Redesignated as paragraph (4)(c) by s. 4, ch. 2001-278. Welcome • Session • Committees • Legislators • InformationCenter • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2001 State of Florida. Contact us. Privacy Statement http://www.l eg. state. fl.us/statutes/index. c fm?App_mode=Display_Statute& S earch_String... 11/14/2001 City Manager's Office Memo To: HONORABLE MAYOR AND MEMBERS OF CITY OUNCIL From: BENNETT C. BOUCHER, CITY MANAGE CC: ALL DEPARTMENT HEADS Date: November 15, 2001 Re: CITY MANAGER'S REPORT The following is a brief recap of items of interest: The county attorney's office is working on opt -in language for its rave club ordinance and other cities have shown interest in opting -in the county's code. I should have the draft language by the 12-04-01 City Council meeting so that council can decide whether or not to opt -in the county's code or adopt our own city code. The Planning & Zoning Board was given updated draft landscaping code to review for their next couple of meetings. Employees have been enrolled with the new health insurance and pension programs. Special thanks to the city clerk's office and those employees who participated in the review committee. The finance department is in the middle of the annual audit and, thus far, it is going well. The recreation department had a very successful racquetball tournament the weekend of 11-10-01. The Manatee Park boardwalk is complete; city crews will prepare the park for a ribbon cutting and dedication ceremony in honor of former Mayor George Firkins. The stormwater cost share application to the St. Johns River Water Management District for the International Drive baffle box has been submitted and the city is waiting on contract documents from the district. 0 Page 1 The public works director is diligently working on the $200,000 FDOT grant SR A1A landscaping project. Landscape easements are in the process of being obtained from adjacent property owners; target planting schedule is Spring 2002. The sewage lift station #4 and main projects are on hold until the Jamieson property, where the city utility easement is located, is cleaned up and approved by FDEP. The recreation director is in the process of completing the ballfield and park upgrades as part of a FRDAP grant. Remaining tasks include field sod, scoreboards and basketball courts. The building official has been unable, to date, to find a state licensed inspector to fill a vacant position. He has been authorized to offer up to $45,000 for a qualified inspector. The fire chief has offered the services of a fire inspector to work part-time to assist with code enforcement. Mr. Bob Kamm, Brevard Conty MPO Director, informed me that the MPO did not act on a resolution supporting the SR A1A projects from the recent arterial investment study conducted by FDOT. The major concern was how much capacity was being added to SR Al A if these projects were constructed. The port authority representative on the MPO was very supportive of the resolution; the Cocoa Beach MPO representative was not present. Mr. Kamm is evaluating how to proceed in addressing this issue with the MPO. If the MPO does not support this resolution, there is a good chance all the project recommendations will not proceed any further. Finally, staff is busy working on all of the upcoming holiday events and decorating City facilities. Have a happy and safe Thanksgiving holiday; City Hall is closed 11/22 and 11/23. BCB:kmm 0 Page 2