HomeMy WebLinkAboutAgenda Packet 03-20-2018 CAPE CANAVERAL CITY COUNCIL MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
March 20, 2018
6:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the City Council excluding public
hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda, minutes, informational items), and quasi-judicial or emergency items.
Citizens will limit their comments to three (3) minutes. The City Council will not take any action
under the"Public Participation"section of the agenda. The Council may schedule items not on the
agenda as regular items and act upon them in the future.
PRESENTATIONS/INTERVIEWS:
6:15 p.m. 6:35 p.m.
Presentation of Proclamation recognizing Cape View Elementary School for the "A+" Rating,
received from the Florida Department of Education, to Cape View Elementary School Principal
Jill Keane.
Presentation of Proclamation declaring April as "Water Conservation Month" to Abby Johnson,
Intergovernmental Coordinator from the St. Johns River Water Management District.
Presentation of Proclamation declaring March 28, 2018 as a"Day of Giving for the American Red
Cross" to volunteers Denise and Mike Whitcomb from The American Red Cross of Florida's
Space Coast Chapter.
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal
Year ended September 30, 2017—Presentation by Zach Chalifour, James Moore& Co.
CONSENT AGENDA:
6:35 p.m. 6:40 p.m.
1. Approve Minutes for February 20, 2018 City Council Regular Meeting.
2. Award the Bid for construction of Lift Station No. 2 Gravity Sewer Improvements Phases
II/III to Atlantic Development of Cocoa, Inc. in the amount of$1,512,544 and authorize
the City Manager to execute the Construction Agreement for same.
City of Cape Canaveral, Florida
City Council Meeting
March 20, 2018
Page 2 of 2
3. Award Bid for construction of Wastewater Treatment Site Shoreline Protection Project to
SDV Services LLC in the amount of $193,850 and authorize City Manager to execute
Construction Agreement for same.
4. Approve Design Proposal in the amount of $335,740 to Architects RZK, Inc. for
Architectural and Engineering Services related to Canaveral City Park's Multi-Generational
Facility (MGF) and the Culture Arts Preservation and Engagement Center(CAPE; aka old
City Hall) and authorize City Manager to execute agreement for same.
5. Approve granting a Conservation Easement to St. Johns River Water Management District
for a portion of the City-owned property at the western end of Long Point Road and
authorize the City Manager to execute the related permit application as co-permittee and
Deed of Conservation Easement and Permanent Access Easement for same.
PUBLIC HEARING:
6:40 p.m. 6:45 p.m.
6. Ordinance No. 02-2018; providing Code amendments related to the Sergeant at Arms;
providing for the repeal of prior inconsistent ordinances and resolutions,incorporation into
the Code, severability and an effective date, first reading.
REPORTS:
6:45 p.m. 7:00 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105,Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In
accordance with the Americans with Disabilities Act: all interested parties may attend this Public
Meeting. The facility is accessible to the physically handicapped.Persons with disabilities needing
assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x206
or x207) 48 hours in advance of the meeting.
[CITY SEAL] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/20/2018
PRESENTATIONS/INTERVIEWS
Subject: Presentation of Proclamation recognizing Cape View Elementary School for the"A+"
Rating, received from the Florida Department of Education, to Cape View Elementary School
Principal Jill Keane.
Department: Legislative
Summary: Brevard County has 55 elementary schools serving students in kindergarten through
sixth grade. The elementary instructional program focuses on building a solid educational
foundation to ensure students are prepared for the future.
Cape View Elementary School, established in 1964 and Home of the Cape View Rockets,
received an "A+"rating for Fiscal Year 17/18. Cape View Elementary has a mission to create
a life-long learning environment that focuses on standards-based instruction that will lead to a
higher level of student engagement and improved student achievement for all. Cape View
Elementary School focuses student learning on the four achievement components of English
Language Arts, Mathematics, Science and Social Studies.
As requested by Mayor Pro Tem Mike Brown and executed by Mayor Bob Hoog, the
Proclamation from the City is being presented to Principal Jill Keane,accepting on behalf of the
Students,Teachers and Staff of Cape View Elementary School.
Submitting Council Member: Mayor Pro Tern Mike Brown Date: 3/13/18
Attachment: 2017 School Grades Overview and Proclamation.
Financial Impact: Staff time/effort in preparing the Proclamation.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/13/18
The City Manager recommends that City Council take following action:
Present Proclamation recognizing Cape View Elementary School for receiving an "A+"rating,
from the Florida Department of Education, to Cape View Elementary School Principal Jill
Keane.
Approved by City Manager: David L. Greene Date: 3/13/18
2017 School Grades Overview
Each school is graded based on the components for which it has sufficient data
School grades provide an easily understandable way to measure the performance of a school. Parents and the general public can use the school grade and its
components to understand how well each school is serving its students. Schools are graded A, B, C, D, or F.
Components: In 2016-17, a school's grade may include up to eleven components.There are four achievement components, four learning gains components, a
middle school acceleration component, as well as components for graduation rate and college and career acceleration. Each component is worth up to 100 points in
the overall calculation.
Four Achievement Components: The four achievement components are English Language Arts (ELA), Mathematics, Science, and Social Studies.These components
include student performance on statewide standardized assessments, including the comprehensive assessments and end-of-course (EOC) assessments.The
component measures the percentage of full-year enrolled students who achieved a passing score.
Four Learning Gains Components:These components are learning gains in English Language Arts and Mathematics, as well as learning gains for the lowest
performing 25%of students in English Language Arts and Mathematics.These components include student performance on statewide standardized assessments
including the comprehensive assessments and EOC assessments for the current year and the prior year.The components measure the percentage of full year
enrolled students who achieved a learning gain from the prior year to the current year.
English Middle School Acceleration:This component is based
Mathematics Science Social Studies Graduation Acceleration on the percentage of eligible students who passed a
Language Arts (FSA, EOCs (NGSSS, EOC) EOCs Rate Success
(FSA) ) ( ) high school level EOC assessment or industry
certification.
Achievement Achievement Achievement Achievement 4-year High School
(0%to 100%) (0%to 100%) (0%to 100%) (0%to 100%) Graduation (AP, IB,AICE, Graduation Rate:The graduation rate is based on an
Rate Dual adjusted cohort of ninth grade students and the rate
(0%to 100%) Enrollment or measures whether the students graduate within four
years.
Learning Learning Industry
Gains Gains Certification) College and Career Acceleration:This component is
(0%to 100%) (0%to 100%) 11 (0%to 100%) based on the percentage of graduates from the
Learning Learning Middle School
Gains of the Gains of the (EOGs or Industry
Lowest 25% Lowest 25% Certificationsgradeanesaccelerationuation examinationratecohortwho(AP, IrB, ord a AICcoreE)oron a gradean in
) a dual enrollment course that qualified students for
(0%to 100%) (0%to 100%) (0%to 100%) college credit or earned an industry certification.
School Grades Calculation:The number of points earned for each component is added together and divided by the total number of available points to determine
the percentage of points earned.
School Grading Scale: A=62%of points or greater, B=54%to 61%of points, C=41%to 53%of points, D =32%to 40%of points, F=31%of points or less
Percent Tested: Schools must test 95%of their students.
FLORIDA DEPARTMENT OF
DUCATION
fldae.org
[CITY SEAL] OFFICIAL
PROCLAMATION
CITY OF
CAPE CANAVERAL, FLORIDA
WHEREAS,Cape View Elementary School received an"A+"rating and is Home of the
Cape View Rockets;and
WHEREAS, Cape View Elementary School has a mission to create a life-long learning
environment that focuses on standards-based instruction that will lead to a higher level of student
engagement and improved student achievement for ail;and
WHEREAS, Cape View Elementary School works together in an innovative, positive
learning environment to provide students with educational experiences that will lead to deep
conceptual knowledge and ensure mastery of the rigorous standards needed for 21" century
success;and
WHEREAS, Cape View Elementary School focuses student learning on the four
achievement components of English Language Arts,Mathematics,Science and Social Studies.
WHEREAS,Cape View Elementary School believes family involvement and community
support is key to fulfilling its mission in bringing all stakeholders together and allowing them to
become more involved in student education;and
WHEREAS, Cape View Elementary School believes that creating an atmosphere of
instructional support and teaching rigorous standards,while meeting the needs of all students,will
help provide children with the tools and opportunities for sustained success;
NOW, THEREFORE, I, Robert Hoog, Mayor of the City of Cape Canaveral, Brevard
County,Florida,do hereby proclaim recognition and congratulate
CAPE 'VIEW ELEMENTARY SCHOOL
for receiving an "A+"rating
from the Florida Department of Education
Signed and Sealed this [blank] Day of [blank]
[blank] Mayor
[EMBOSSED CITY SEAL]
[CITY SEAL] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/20/2018
PRESENTATIONS/INTERVIEWS
Subject: Presentation of Proclamation declaring April as"Water Conservation Month"to Abby
Johnson, Intergovernmental Coordinator from The St. Johns River Water Management District.
Department: Legislative
Summary: The St. Johns River Water Management District (SJRWMD) is working with the
State of Florida, other water management districts, local governments and water supply utilities
to increase awareness about the importance of water conservation and to increase efforts to
conserve water. As part of this, SJRWMD encourages/supports water conservation through its
water supply planning processes, coordination of educational programs and special events,
cooperative funding programs, technical assistance and regulatory programs.
The month of April is typically a dry one when water demands are most acute. For this reason,
SJRWMD and the State of Florida designate this month as Florida's Water Conservation Month
to encourage Floridians to conserve the State's precious resource. Along with this, local
governments are encouraged to also designate April as Water Conservation Month.
This April marks the twentieth year the State has celebrated Water Conservation Month. Cape
Canaveral's Proclamation will be submitted as part of the statewide count given to the Governor.
SJRWMD will acknowledge the City of Cape Canaveral on its website and social media where
individuals can also find tips on how to conserve water.
Present tonight is Abby Johnson, Intergovernmental Coordinator from SJRWMD.
Submitting Council Member: Mayor Bob Hoog Date: 3-12-2018
Attachment: Proclamation
Financial Impact: Staff time/effort in preparing this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/8/18
The City Manager recommends that City Council take the following action:
Present Proclamation declaring April as "Water Conserervation Month" to Abby Johnson,
Intergovernmental Coordinator from The St. Johns River Water Management District.
Approved by City Manager: David L. Greene Date: 3/8/18
[CITY SEAL] OFFICIAL
PROCLAMATION
CITY OF
CAPE CANAVERAL, FLORIDA
WHEREAS, water is a basic and essential need of every living creature and clean,
sustainable water resources are vital to Florida's environment;and
WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying
aquifers,and our quality of life and the economy depend upon a reliable,clean and available supply
of water and a healthy environment;and
WHEREAS,the St.Johns River Water Management District is working with the State of
Florida,other water management districts,local governments and water supply utilities to increase
awareness about the importance of water conservation and to increase efforts to conserve water, the
St. Johns River Water Management District has always encouraged and supported water
conservation through its water supply planning processes,coordination of educational programs and
special events,cooperative.funding programs,technical assistance and regulatory programs;and
WHEREAS, all water users including residential, commercial, industrial, agricultural,
institutional,hospitality,private citizens and others can make positive contributions to reduce water
use and protect Florida's water resources;and
WHEREAS, the St. Johns River Water Management District, in collaboration and
coordination with local governments,utilities,businesses,agriculture,environmental organizations
and other parties with an interest in water use,is developing a comprehensive and long-term water
conservation program to instill a lasting culture of conservation in our communities;and
WHEREAS,the St. Johns River Water Management District and the State of Florida are
designating April,typically a dry month when water demands are most acute, as Florida's Water
Conservation Month to encourage Floridians to conserve the State's precious resources;and the St.
Johns River Water Management District encourages and supports water conservation;
NOW THEREFORE,I,Bob Hoog,Mayor of the City of Cape Canaveral,Brevard County,
Florida,do hereby proclaim the month of April 2018 as
WATER CONSER VA TION MONTH
The St.Johns River Water Management District is calling upon each resident,visitor and business
to help protect our precious resource by practicing water conservation measures and becoming more
aware of the need to conserve water.
Signed and Sealed this [blank] Day of [blank]
[blank] Mayor
[EMBOSSED CITY SEAL]
[CITY SEAL] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/20/2018
PRESENTATIONS/INTERVIEWS
Subject: Presentation of Proclamation declaring March 28, 2018 as a "Day of Giving for the
American Red Cross"to volunteers Denise and Mike Whitcomb from The American Red Cross
of Florida's Space Coast Chapter.
Department: Legislative
Summary: The American Red Cross has a long history of helping our neighbors in need. In
2017,The American Red Cross of Florida's Space Coast Chapter,which serves Brevard County,
responded to 152 local disasters, while assisting 198 families, and taught over 1,627 children
fire safety in the past year alone. It collects about 40 percent of the nation's blood supply;
provides 24-hour support to military members, Veterans and their families; teaches millions
lifesaving skills such as lifeguarding and CPR.
The month of March is American Red Cross Month, a special time to recognize and thank the
Red Cross volunteers and donors who give of their time and resources to help members of the
Community.As part of American Red Cross Month,the City of Cape Canaveral has been asked
to present a Proclamation declaring March 28, 2018 as a Day of Giving for the American Red
Cross,to help families who have been impacted by a home fire or other disaster.
Present tonight are volunteers Denise and Mike Whitcomb from The Florida's Space Coast
Chapter of the American Red Cross to accept the Proclamation from the City.
Submitting Council Member: Mayor Bob Hoog Dater 3/13/18
Attachment: Proclamation
Financial Impact: Staff time/effort in preparing the Proclamation.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/13/18
The City Manager recommends that City Council take the following action(s):
Present Proclamation declaring March 28, 2018 as a "Day of Giving for the American Red
Cross" to volunteers Denise and Mike Whitcomb from The American Red Cross of Florida's
Space Coast Chapter.
Approved by City Manager: David L. Greene Date: 3/13/18
[CITY SEAL] OFFICIAL
PROCLAMATION
CITY OF
CAPE CANAVERAL, FLORIDA
WHEREAS, the American Red Cross saw a record-breaking year in 2017 of challenging
domestic and international response efforts.Through the support of its volunteers,in just 45 days,
the Red Cross responded to six of the largest and most complex disasters of 2017 including
back-to-back hurricanes,the deadliest week of wildfires in California history and the horrific mass
shooting in Las Vegas. In addition,the Red Cross responded to nearly 50,000 home fires in 2017,
providing casework assistance to help 76,000 families recover;and
WHEREAS, the Red Cross has a long history of helping our neighbors in need. The
Florida's Space Coast Chapter, which serves Brevard County, responded to 152 local disasters.
while assisting 198 families,and taught over 1,627 children fire safety in the past year alone.They
installed 3,216 free smoke alarms and provided those residents with fire safety information and
created fire escape plans. Also in 2017,provided 2,011 case services to members of the Armed
Forces,as well as,taught First Aid/CPR/AED&Aquatics classes to 8,654 individuals;and
WHEREAS,March is American Red Cross Month,a special time to recognize and thank
the Red Cross volunteers and donors who give of their time and resources to help members of the
Community. The Red Cross depends on these local heroes to deliver help and hope during a
disaster. We applaud our heroes here in Brevard County who give of themselves to assist their
neighbors when they need a helping hand;and
WHEREAS,across the Country and around the World,the American Red Cross responds
to disasters big and small. It collects about 40 percent of the Nation's blood supply; provides
24-hour support to military members,Veterans and their families;teaches millions lifesaving skills
such as lifeguarding and CPR and through its Restoring Family Links Program, connects family
members separated by crisis,conflict or migration;and
WHEREAS,we dedicate March 28,2018 to all those who support the American Red Cross
mission to prevent and alleviate human suffering in the face of emergencies. Our Community
depends on the American Red Cross,which relies on donations of time,money and blood to fulfill
its humanitarian mission;
NOW, THEREFORE, I, Robert Hoog, Mayor of the City of Cape Canaveral, Brevard
County,Florida,do hereby proclaim March 28,2018 as
DAY OF GIVING FOR THE AMERICAN RED CROSS
Signed and Sealed this [blank] Day of [blank]
[blank] Mayor
[EMBOSSED CITY SEAL]
[CITY SEAL] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/20/2018
PRESENTATIONS/INTERVIEWS
Subject: Accept the Annual Audited Financial Statements and Independent Auditor's Report
for the Fiscal Year ended September 30, 2017— Presentation by Zach Chalifour, James Moore
&Co.
Department: Financial Services
Summary: The Accounting Firm of James Moore & Co. performed the Annual Audit of the
City's Financial Statements for the Fiscal Year ended September 30,2017. James Moore&Co.
determined the Financial Statements present fairly,in all material respects,the financial position
of the City of Cape Canaveral and are in conformity with Generally Accepted Accounting
Principles. The Audit was conducted in accordance with Generally Accepted Auditing
Standards and Government Auditing Standards. The findings and recommendations will be
presented by Audit Manager Zach Chalifour.
Financial Highlights:
• The assets of the City exceeded its liabilities at the close of the most recent year by
$47.4 million(net position). Of this amount, $12.2 million (unrestricted net position)
may be used to meet the City's ongoing obligations.
• The City's total net position increased by $133 million. This is the result of
construction projects completed during the year and the addition of capital assets,
funded primarily through capital contributions and grants.
• At the close of the Fiscal Year, the City's governmental funds reported combined
ending fund balances of$10.66 million, an increase of$3.03 million in comparison
with the prior year.
• At the close of the Fiscal Year, fund balance for the General Fund was $11,820,135.
Of this amount $115,30$ relates to inventory and prepaids as well as long-tern
advances and is therefore nonspendable. The remaining; fund balance includes:
restricted ($321,574), committed ($7,153,02$), assigned ($947,650) and unassigned
($3,2$2,575)balances. Within the committed fund balance category,the largest piece
is $6,780,691 committed for the construction of a Multigenerational Center and
Cultural Arts Preservation Enrichment (CAPE) Center. Unassigned funds are
available to fund on-going activities of the City's various General Fund services and
programs.
• The City's total long-term liabilities increased $6.8 million. This was due primarily
to the issuance of the Capital Improvement Revenue Note, Series 2017 and receipt of
additional State Revolving Fund money, offset by annual debt service payments on
the Capital Improvement Revenue Notes.
Auditor Financial Statement Findings:
2017-001 Capital Asset Reconciliations
Criteria: Generally accepted accounting principles require the City to track and report its capital
assets in financial statements, as well as related transactional activity during the Fiscal Year in
the form of capital outlay expenditures, depreciation expenses, and disposals of capital assets.
City Council Meeting
Date: 3/24/2418
Presentations/Interviews
Page 2 of 2
Condition: Significant audit adjustments were required to adjust the City's capital asset balances
per the general ledger to reflect the City's capital asset activity during the year, and vice versa.
Cause: We noted activity in the City's capital asset module had not been reconciled to the trial
balance to ensure all capital outlay expenditures in the current year had been properly recorded
in the capital assets module and all amounts properly reflected in the general ledger.
Effecl: Had the audit adjustments not been recorded, capital asset balances and related
depreciation expense amounts would have been misstated.
Recommendation: We recommend, as part of the City's year-end closing process, all capital
outlay activity be reconciled between the City's capital outlay expenditure accounts, ending
general ledger balances and related activity as reflected in the accounting system's capital asset
module.
Management's response to auditor finding are as follows:
2017-001 Capital Asset Reconciliations—The Financial Services Department concurs with the
finding and will ensure as part of the City's year-end closing process, all capital outlay activity
will be reconciled between the City's capital outlay expenditure accounts,ending general ledger
balances and related activity as reflected in the accounting system's capital asset module.
The Financial Services Department will fully utilize the Fixed Asset Module in its Springbrook
software program which will track fixed asset transactions real-time. This will eliminate the
need for audit adjustments and any chance of capital asset balances and related depreciation
expense amounts from being misstated. The anticipated completion date for this process will
be June 1,2018.The Administrative/Financial Services Director will ensure this action is taken.
Submitting Department Director: John DeLeo Date: 3/5/18
Attachment: The City of Cape Canaveral's Comprehensive Annual Financial Report (CAFR)
2017.
Financial Impact: Staff time to prepare this Agenda Item and cost of the Audit.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/5/18
The City Manager recommends that City Council take the following action:
Accept the Annual Audited Financial Statements and Independent Auditor's Report for the
Fiscal Year ended September 30,2017.
Approved by City Manager: David L. Greene Date: 3/8/18
Item No. 1
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL COUNCIL CHAMBERS
100 Polk Avenue, Cape Canaveral,Florida
TUESDAY
February 20,2018
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:0 = M. 'Mayor Pro Tem Brown
led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Attorney Anthony Garganese
City Clerk Mia Goforth
Deputy City Clerk Daniel LeFever
Community Development Director David Dickey
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Administrative/Financial Services Director John DeLeo
Culture and Leisure Services Director Gustavo Vergara
Capital Projects Director & Jeff Ratliff
Economic Development Director Todd Morley
Public Works Services Director Ralph Lotspeich
Cultural Programs Manager Molly Thomas
Executive Assistant to the City Manager Lisa Day
Brevard County Sheriff's Office Commander Linda Moros
Cape Canaveral Fire Department Assistant Chief/Fire Marshal John Cunningham
PUBLIC PARTICIPATION: James Rao,property owner of 313, 315 and 317 Jefferson Avenue,
commended Staff and City Attorney Garganese for working on issues regarding his property and
thanked the City Council and Staff.
Shannon Roberts,703 Solana Shores Drive,encouraged Council to consider a 2050 visioning plan,
to plant a green tree border along the North-West side of the City Hall parking lot, to consider the
strategic vision of the residents several years ago to manage growth regarding hotels and the
City of Cape Canaveral, Florida
City Council Regular Meeting
February 20, 2018
Page 2 of 4
distance between them. She voiced concern over accidents on State Road A1A and urged for safe
crosswalks along the road.
CONSENT AGENDA: Mayor Hoog inquired if items should be removed from the Consent
Agenda for discussion. No items were removed.
1. Approve Minutes for January 16, 2018 City Council Regular Meeting.
2. Resolution No. 2018-01, modifying and updating the City's list of State Road A1A
Improvement Priorities, requesting the Florida Department of Transportation provide an updated
traffic study for the portion of State Road A1A located within the Cit of Canaveral,
providing for the repeal of prior inconsistent resolutions, severability and an effective date.
A motion was made by Council Member Randels, seconded by Mayor Pro Tem Brown, to
approve the Consent Agenda. The motion carried 5-0.
PUBLIC HEARING:
3. Ordinance No. 01-2018, amending Section 110-296 of the Land Development Code to
increase the maximum height for public or recreational buildings and structures located on
properties with a Future Land Use designation of Public/Recreation to 35 Feet, providing for the
repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability
and an effective date, second reading: City Attorney Garganese read the title into the record and
explained the item. Discussion ensued and included the City's R2 District; Multigenerational
Center Project; Council Member reasons for support and non-support of the Ordinance as written;
revising the Ordinance to allow the same maximum height increase for private property in the R2
District; Cape Canaveral being one of the only Cities in Brevard County without a
multigenerational facility and citizen desire for the Project; ad valorem taxes in the City are the
third lowest in the County and encouragement to attend Advisory Board and Council Meetings to
learn how business gets done in the City. Community Development Director Dickey discussed a
more appropriate way to detei7nine the desires and goals, to include height regulations, of the R2
zoned neighborhoods is to utilize a neighborhood planning process; suggested not all
neighborhoods may want to allow 35 feet, while others may; this would involve meetings and
workshops with the Planning and Zoning Board as well as the City Council. Discussion continued
regarding absentee owners of rental units on Presidential streets; concerns over district planning
in the City; architectural renderings of the Multicultural Center Project Facility and details of the
process going forward with the Project; the R2 District existing within the Community
Redevelopment Area (CRA); the CRA process; the Multigenerational Center Project site is CRA
eligible and a large part of the City meets the State requirement for blighted areas. Community
Development Director Dickey suggested starting the process of a neighborhood plan with fact-
finding charrettes to see what residents want and help Staff shape a plan; it will be similar to a
Zoning Code but focused down into the neighborhood and desires of the community;
responsibilities of the City regarding public infrastructure and will be a long comprehensive
process. Discussion continued regarding how similar matters came up in the past prompting the
City of Cape Canaveral, Florida
City Council Regular Meeting
February 20, 2018
Page 3 of 4
City's Visioning; the difference Visioning made regarding how the City looks now as compared
to fifteen or twenty years ago; different ways to fund projects; the possibility of sending the
Ordinance back to the Planning and Zoning Board and the purpose and reasoning behind passing
Ordinance No. 01-2018 at second reading. Community Development Director Dickey promised
Council Member Morrison that passing the Ordinance would not be used as leverage against
proposing amendments in the future; suggested getting more people involved in the decision;
gathering more information and allowing residents to have more say. Council reached consensus
to direct Staff to take the issue under advisement of allowing a 35-foot maximum height
increase for private properties in the R2 District discussed at tonight's meeting and present
it to the Planning and Zoning Board. Mayor Hoog called for a motion to pass the Ordinance. A
motion was made by Council Member Randels, seconded by Council Member Raymond,to
adopt Ordinance No. 01-2018, on second reading. The Public Hearing was opened. Lamar
Russell, 376 Harbor Drive and a Member of the Planning and Zoning Board, explained the benefit
of passing the motion on the floor and suggested how Council, a Council Member or a citizen can
add a request for discussion of an amendment to a Planning and Zoning Board agenda. He
encouraged Council to go ahead and pass the motion on the floor. Andrea Shea King,7017 Orange
Avenue, stated she worked on the Planning and Zoning Board with Mr. Russell and encouraged
Council to pass the Ordinance, noting it would be a test to see if Mr. Morrison can trust Council
and Staff. The Public Hearing was closed. The motion carried 4-1 with Council Member
Morrison voting against.
REPORTS:
Council Member Ram reported attendance at the Space Coast League of Cities meeting;
joining the Scholarship Committee and will participate in the 2018 Candidate Forum. She
expressed desire for a poet laureate program in the City and read aloud an original poem to mark
the first meeting in the new facility,
Council Member Randels reported most of the beach renourishment project was finished, thanked
various agencies involved for improvement of the buffer zone from storm impacts on the City; and
attendance at the annual Lighthouse Festival on February 10th. He mentioned Senator Dorothy
Hukill, who was at the Festival, was the only Senator in the State to vote against a bill, in
committee, giving the State power to regulate vacation rentals; shared details of the Bike, Bus,
Beach +Brevard (B4) Transportation Summit at the Radisson Resort.
Council Member Morrison shared details of the Bike, Bus, Beach + Brevard (B4) Transportation
Summit; met with Staff regarding sign ordinance issues; and mentioned he will be meeting with
Commander Moros regarding safety of the City's school children in the wake of the tragedy in
Parkland, Florida.
Mayor Pro Tem Brown stated the he and Council mourn with Brevard County Sheriff s Office for
the loss of Deputy Stanton over the weekend.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 20, 2018
Page 4 of 4
Mayor Hoog reported attendance at the Space Coast League of Cities meeting;the Central Brevard
Art Association's annual show in the Library was a success; reported he and other Community
members planted 7,200 sea oats in a restricted area this year due to beach re-nourishment and sea
turtle habitats; encouraged logging exercise minutes and participation in the 2018 Mayors' Fitness
Challenge; and announced the Mayor's Walk will be at Manatee Sanctuary Park on April 14,2018.
Commander Moros specified Cape Canaveral is the only City in Brevard County with a full-time
School Resource Officer to its school; and having the Officer in the school has been a priority of
City Council, the City Manager and the Sheriff's Office for many years; shared details of the rules
and procedures for visitors to the School and the Program is fully funded by the City.Mayor Hoog
pointed out the City and the City of Cocoa Beach share a full-time School Resource Officer at the
High School. Commander Moros thanked the City for its condolences.
Mary Russell,resident and Member of the Code Enforcement Board, thanked the City for posting
information on the City marquee regarding the 45th Space Congress to take place at the Radisson
Resort February 27—March 1, 2018.
City Attorney Garganese stated the City's initiative regarding the Vested Rights Certificates for
all condominium units have been recorded and completed.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:21 PM.
Mia Goforth, CMC City Clerk Bob Hoog,Mayor
[CITY SEAL] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/20/2018
Item No. 2
Subject: Award the Bid for construction of Lift Station No. 2 Gravity Sewer Improvements
Phases 111III to Atlantic Development of Cocoa, Inc.in the amount of$1,512,544 and authorize
the City Manager to execute the Construction Agreement for same.
Department: Capital Projects
Summary. Staff invited qualified Licensed Contractors in accordance with the City's
Purchasing Policy and Florida Statutes to submit a Bid for construction of Lift Station No. 2
Gravity Sewer Improvements Phases II/III. The Project involves the replacement and upsizing.
of the gravity sewer pipe located from Holman Road to Lift Station No. 2 on Center Street.
Phase I of this Project was completed in 2017; Work included replacement of the sewer pipe
along the western side of Holman Road.
Project Description.The Work includes construction of a replacement gravity sewer pipe from
Holman Road to Lift Station No.2 with 10-inch and 12-inch diameter pipes. Completion of this
Project will replace a failing sewer line as well as increase sewer capacity in the area located
west of SR Al A and south of Center Street. The gravity sewer began failing several years ago
when the liner placed inside the sewer pipe began to shrink,thus reducing the diameter of the fl-
inch diameter pipe and causing sewage back-ups.
It is important to note that the route of this sewer pipe provides numerous challenges in
performing these construction activities. The sewer pipe [and City easements] are located near
private residences/condominiums and adjacent to the Banana River. Field operations will
require the use of heavy equipment and bypass operations will require the use of large pumps
on a 2417 basis. "Pipe bursting" methods of pipe replacement will be used where practical.
However, residents will be impacted by the sewer line replacement activities. The project/work
location is shown in Attachment#1.
Firm Selection Process. Staff advertised this bid opportunity on January 4,2018 by posting(1)
a legal ad in the Florida Todlu7l newspaper, (2) a notice on the City's web page and (3) bid
information to ®nvia, Inc., bid service (DemandStar). A "Bid Submittal" notation was also
included that the contract will be awarded pursuant to the requirements of applicable State and
federal laws and regulations.
Two sealed bid submittals were received and publicly opened at City Hall Conference Room A
on January 31, 2018. Upon review of the submitted bids, Staff and consulting engineering
personnel (Tetra Tech) recommended that the Project be awarded to Atlantic Development of
Cocoa, Inc. (Atlantic) with a bid amount of$1,512,544. However, value engineering of the
project scope of work with the recommended contractor may reduce the contract amount to
$1,109,038. This reduction in project costs is dependent upon finalization of a revised easement
with a property owner along the sewer line route. This revised easement will allow the
elimination of pipe bursting as a sewer pipe replacement method thus saving over$300,000 in
project costs.A summary of the sealed bids submitted for the Project and opened on January 31,
2018 is included in Attachment #1. A proposed Construction Agreement is included as
Attachment #2.
City Council Meeting Date: 03/20/2018
Item No. 2
Page 2 of 2
Project Funding. This Project is funded through the City's State Revolving Fund (SRF) Loan;
adequate funds are available to fully fund this Project. Upon completion of the ongoing
Oxidation Ditch Rehabilitation Project at the wastewater treatment plant in July 2018, this Lift
Station No. 2 Project will be the final project included in the City's current SRF Loan
Agreement.
Submitting Department Director: Jeff Ratliff Date: 02/28/18
Attachments:
#1 —Project/Work Location and Bid Summary
#2 -Construction Agreement
Financial Impact: $1,512,544 for construction of Lift Station No. 2 Gravity Sewer
Improvements Phase II/III to Atlantic Development of Cocoa, Inc. funded by SRF Loan. Cost
of advertising and Staff time/effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/8/18
The City Manager recommends that City Council to take the following action: Award the Bid
for construction of Lift Station No. 2 Gravity Sewer Improvements Phase II/III to Atlantic
Development of Cocoa, Inc. in the amount of$1,512,544 and authorize the City Manager to
execute the Construction Agreement for same.
Approved by City Manager: David L. Greene Date: 3/8/18
Attachment #1
• Project/Work Location
• Bid Summary
Project/Work Location [MAP]
Banana River
Center Street
Existing Sewer
Pipe
Holman Road
CITY OF CAPE CANAVERAL
Request for Bids
LIFT STATION NO. 2 GRAVITY SEWER IMPROVEMENTS
PHASES II/III
Bid #2018-01
City of Cape Canaveral City Hall
Conference Room A
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Wednesday
January 31, 2018
2:15 P.M.
CALL TO ORDER: Procurement Specialist Ed Lawson called the Meeting to order at 2:15 P.M.
Others present:
Daniel LeFever, Deputy City Clerk
Mannie Wells, SanPik, Inc.
Mr. Lawson proceeded to open the bids received and announced the results:
LIFT STATION NO.2 GRAVITY SEWER IMPROVEMENTS PHASES II/III—PROJECT
BID#2017-01:
Firm Location Bid Amount
Atlantic Development of Cocoa, Inc. Cocoa, FL $1,512,544.00
SanPik, Inc. Lake Mary, FL $2,319,400.00
Mr. Lawson stated the Bids would be reviewed. With no questions or further comment, Mr.
Lawson adjourned the meeting at 2:20 P.M.
Daniel LeFever, Deputy City Clerk
City of Cape Canaveral
Bid Tally Sheet- Lift Station No. 2 Gravity Sewer Improvements Phases II/III
Bid No. 2018-01
City Clerk's Office 100 Polk Avenue
Wednesday,January 31, 2018 (2:15 PM)
Firm Location Bid Amount
Altantic Development of Cocoa, Inc. Cocoa, FL $1,512,544.00
SanPik, Inc. Lake Mary, FL $2,319,400.00
Page 1 of 1
City of Cape Canaveral
Bid Opening- Lift Station No. 2 Gravity Sewer Improvements Phases II/111 Bid#2018-01
City Clerk's Office 100 Polk Avenue
January 31,2018 (2:15 PM)
Name and Company Address Telephone Number e-mail Address
Mannie Wells Sanpik Inc. 3551 W Lake Mary Blvd FL 32746 407-432-1041 m-wells@sanpikinc.com
Daniel Lefever City 100 Polk Avenue CC FL 868-1220 d.lefever@cityofcapecanaveral.org
Edward M. Lawson 100 Polk Avenue CC FL 868 1220 e.lawson@cityofcapecanaveral.org
Page 1 of 1
Attachment #2
Construction Agreement
Bid #2018-01
Cape Canaveral, Florida
SECTION 00500
CONSTRUCTION AGREEMENT
This Agreement made this day of 2018 between the CITY OF CAPE CANAVERAL,
a Florida municipal corporation (herein referred to as CITY) and , a State Certified General
Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as
CONTRACTOR),as follows:
1. DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with the Contract
Documents for the construction of improvements to the Holman Road Sanitary Sewer System, as set
forth in the Scope of Services,attached hereto as Exhibit"A",and fully incorporated by this reference
("work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; Engineering Plans and Drawings prepared by Tetra Tech, dated
December 2017; Bid #2018-01; Documents issued by the City; Contractor's Bid Submittal; General
Conditions by the City; Supplemental Terms and Conditions by the City; and all Change Orders
approved by the City after execution of this Agreement. These Contract Documents are hereby
incorporated into this Contract by thisreference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving
precedence in the following order.
a. Agreement Exhibits and Addenda;Contractor's Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions;
d. General Terms and Conditions;or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION-At its discretion,during the course of the work,should any errors,
ambiguities or discrepancies be found in the Agreement or specifications,the CITY at its sole discretion
will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees
to abide by the CITY's interpretation and agrees to cant'out the work in accordance with the decision
of the CITY.When the material,article or equipment is designated by a brand name and more than one
brand name is listed, it will be understood that the work is based on one brand name only. The
CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article
or equipment being provided without additional cost to the CITY. A substitute material, article or
equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full
discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the
CITY prior to use of the substitute for a specified brand name and allow the CITY to make a
determination before CONTRACTOR uses the substitute.
5. CONTRACT TIME-The CONTRACTOR shall begin work within thirty(30)days after the issuance of a
written Notice to Proceed and shall complete the Work within three hundred and ten (310) calendar
days from the date of the Notice to Proceed. Extensions, if any, are authorized by City, and may only
be granted in writing.
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6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this
Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the
time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the delays, expense and difficulties involved in proving in a
legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially
completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one
hundred dollars($100.00)per day for each day that expires after the time specified in Paragraph 5 for
final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the
consideration of ten($10.00)dollars as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current
funds for the performance of the work, subject to additions and deductions by Change Order,the Total
Contract Price of ($---J.
Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the
Schedule of Unit Prices included as a part of the Bid,which shall be as fully a part of the Contract as if
attached or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the
right to revoke and terminate this Agreement and rescind all rights and privileges associated with this
Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and
terminate this Agreement in the following circumstances, each of which shall represent a default and
breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven(7)calendar days after written notice
from the CITY specifying the default complained of unless, however, the nature of the default is
such that it cannot, in the exercise of reasonable diligence, be remedied within seven(7)calendar
days, in which case the CONTRACTOR shall have such time as is reasonably necessary to
remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such
actions as are necessary therefore;or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors
or CONTRACTOR becomes insolvent,or is unable or unwilling to pay its debts;or
c. CONTRACTOR has acted negligently,as defined by general and applicable law, in performing
the Work hereunder;or
d. CONTRACTOR has committed any act of fraud upon the CITY;or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing
its obligations under this Agreement;or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right, or
remedy CITY may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR,the CITY shall have
the right to exercise any other remedy the CITY may have by operation of law, without limitation, and
without any further demand or notice. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for
Work properly performed prior to the effective date of termination.
9. FORCE MAJEURE-Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
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explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary
breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities; court
injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or
causes beyond the reasonable control of the party affected; provided that prompt notice of such delay
is given by such party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days,
either party may terminate this Agreement.
10. SEVERABILITY-In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and
option of the CITY,shall negotiate an equitable adjustment in the affected provision of this Agreement.
The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully
enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project
Manager,by CONTRACTOR as the work progresses and in accordance with the Contract Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompt and proper payments for labor, materials, or equipment
furnished him;
d. Another Contractor is damaged by an act for which Contractor is responsible;
e. Claims or liens are filed on the job;or
f. In the opinion of the City of Cape Canaveral,Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in
accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the
project, CITY shall reduce to 5%the amount of the retainage withheld from each subsequent progress
payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in
part,and the project is subject to laws and regulations contrary to the Act.The term"50%completion of
the project" shall mean the point at which the CITY has expended 50% of the total cost of the
construction services purchased under this Agreement together with all costs associated with existing
change orders and other additions or modifications to the construction services provided for in this
Agreement.After 50%completion,the Contractor may present to the CITY a payment request for up to
one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The
remaining retainage amount withheld shall be released with the Final Payment after the issuance of the
Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty(30)days
after the work is fully and properly completed, if the contract has been fully and timely performed, but
subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY
a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all
labor,materials and equipment for which a lien could be fled,or in the alternative a bond satisfactory to
CITY indemnifying him against such claims.
By making payments,CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
City of Cape Canaveral/Contractor
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Cape Canaveral, Florida
b. Work that does not comply with the Contract Documents;
c. Outstanding claims of liens;or
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:
DUTIES AND AUTHORITY-The duties and authority of the CITY are as follows:
a. General Administration of Contract. The primary function of the CITY is to provide the
general administration of the contract. In performance of these duties,Jeff Ratliff or his authorized
representative is the CITY's Project Manager during the entire period of construction. The CITY
may change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Resorts. The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The CITY will not be responsible for the means of construction,or for the sequences,methods and
procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance
with the Contract Documents.
c. Access to Worksite for Inspections.The CITY shall be given free access to the worksite at
all times during work preparation and progress. The Project Manager is not obligated to make
exhaustive or continuous on site inspections to perforrn his duties of checking and reporting on
work progress, and any such inspections shall not waive CITY's claim regarding defective work by
Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes.The CITY will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between CONTRACTOR and CITY.
e. Resection and Stoppage of Work.The CITY shall have authority to reject work which in its
opinion does not conform to the Contract Documents,and in this connection may stop the work or
a portion thereof,when necessary.
f. Payment Certificates.The CITY will determine the amounts owing to CONTRACTOR as the
work progresses, based on CONTRACTOR's applications and CITY's inspections and
observations, and will issue certificates for progress payments and final payments in accordance
with the terms of the Contract Documents.
14. PROGRESS MEETING—CITY's Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the CITY, during the term of work entered into under this
Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such
meetings as designated by the CITY's Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR-CONTRACTOR's duties and rights in connection with the
project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means,for the coordination of all work. CONTRACTOR shall supervise and direct
the work,and give it all attention necessary for such proper supervision and direction.
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b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person unfit or
without sufficient skill to perform the job for which he was employed.
c. Fumishinci of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools,construction equipment and machinery, utilities,including
water, transportation, and all other facilities and work necessary for the proper completion of work
on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits.CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for
CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year
after acceptance by CITY.
16. ASSIGNMENT- CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior,written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by
CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions
performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the
situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY
and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely for
the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties and neither party is authorized to,nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and
defend the CITY,its officers,agents,officials,representatives,employees,and/or attorneys against any
and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not
limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain,
incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of
CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or
City of Cape Canaveral/Contractor
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employees in the execution, performance or non-performance or failure to adequately perform
CONTRACTOR's obligations pursuant to this Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own expense
or to provide for such defense,at the sole option of the CITY,as the case may be,of any and all claims
of liability and all suits and actions of every name and description that may be brought against the
CITY, its officers,agents, officials, representatives,employees, and/or attorneys which may result from
the services under this Agreement whether the services be performed by the indemnifying party or
anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to
choose legal counsel of its sole choice, the fees for which shall be subject to and included with this
indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive
termination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to cavy on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits
thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly
authorized by the board of directors and/or president of CONTRACTOR. In support of said
representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of
good standing provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work
stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to
provide a copy of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND-CONTRACTOR shall supply a materials,performance and payment bond(s)in form approved
by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the
Contract Documents.
24. INSURANCE- During the term of this Agreement, CONTRACTOR shall be responsible for providing
Te types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed
under this Agreement whether such Work is performed by the CONTRACTOR or by anyone
directly employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the CONTRACTOR
from claims for damages for bodily injury, including wrongful death, as well as from claims from
property damage, which may arise from the ownership, use, or maintenance of owned and non-
owned automobiles, including rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
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c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's Liability
Insurance in the minimum amount of$2,000,000 for all of its employees performing Work for the
CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein identified
shall be maintained during the term of this Agreement.A copy of a current Certificate of Insurance shall
be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the
insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days
prior to any expiration date.There shall also be a 30-day advance written notification to the CITY in the
event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an
additional named insured on all stipulated insurance policies as its interest may appear, from
time to time,excluding workers'compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions
contained in this paragraph section 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the
terns or performance of this Agreement, both parties will participate in mediation. The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through
mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for
Brevard County,Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed,
governed,and enforced in accordance with the laws of the State of Florida. Venue for any state action
or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando,
Florida.
27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the
non-prevailing party the costs and expenses of such action including, but not limited to, reasonable
attorney's fees,whether at settlement,trial or on appeal.
28. NOTICES-Any notice or approval under this Contract shall be sent,postage prepaid, to the applicable
party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING-With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual
relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent
contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and
their employees are independent contractors and not employees of the CITY. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners,
employees,or agents,during or after the performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes, Contractor
agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound
recordings,data processing software,or other material, regardless of the physical form,characteristics,
or means of transmission, made or received pursuant to this Agreement or in connection with any
funds provided by the City pursuant to this Agreement may be considered public records pursuant to
Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that
ordinarily and necessarily would be required by the City in order to perform the services required by this
Agreement. Contractor also agrees to provide the public with access to public records on the same
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terms and conditions that the City would provide the records and at a cost that does not exceed the
cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also
ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all
requirements for retaining public records and transfer, at no cost, to the City all public records in
possession of the Contractor upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City. If Contractor does not comply with a public records
request, the City shall have the right to enforce the provisions of this Paragraph. In the event that
Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the
provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages
for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with
the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party
attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against
Contractor. And, if applicable,the City shall also be entitled to reimbursement of any and all attorney's
fees and damages which the City was required to pay a third party because of Contractor's failure to
comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this
Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity
under Section 768.28,or other limitations imposed on the CITY's potential liability under state or federal
law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for
the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion
thereof, to any one person for more than two hundred thousand dollars($200,000.00),or any claim or
judgment,or portion thereof,which,when totaled with all other claims or judgments paid by the State or
its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three
hundred thousand dollars($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
33. INTEGRATION: MODIFICATION - The drafting, execution, and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agreement shall only be made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES -Waiver by either party of any terms or provision of this
Agreement shall not be considered a waiver of that term, condition, or provision in the future. No
waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of each party hereto. This Agreement may be
executed in any number of counterparts, each of which when so executed and delivered shall be
considered an original agreement; but such counterparts shall together constitute but one and the
same instrument.
35. DRAFTING-CITY and CONTRACTOR each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this
Agreement in the event of a dispute between the parties.
36. NOTICE -Any notice, request, instruction, or other document to be given as part of this Agreement
shall be in writing and shall be deemed given under the following circumstances: when delivered in
person; or three (3) business days after being deposited in the United States Mail, postage prepaid,
City of Cape Canaveral/Contractor
Page 8 of 9
Sid#20'18--01
Cape Canaveral, Florida
certified or registered; or the next business day after being deposited with a recognized overnight mail
or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission;and addressed as follows(or to such other person or at such other
address.of which any party hereto shall have given written notice as provided herein):
For QjV. For Contractor:
City of Cape Canaveral
David L Greene,City Manager
100 Polk Avenue
Cape Canaveral,FL 32920
Phone: 321-868-1220 Phone:
Fax: 321428-1224 Fax:
Either party may change the notice address by providing the other party written notice of the change.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first
above written.
CONTRACTOR:
WITNESSES:
By.
Print Name: Print Dame:
Tide:
Print Name:
CITY:
City of Cape Canaveral,Florida,
a Florida municipal corporation.
Attest: By.
David L.Greene,City Manager
BY
tuba Goforth,City Clerk
Date
City of Cape CanaveraUContractar
Page 9 of 9
[CITY SEAL] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/20/2018
Item No. 3
Subject:Award Bid for construction of Wastewater Treatment Site Shoreline Protection Project
to SDV Services LLC in the amount of $193,850 and authorize City Manager to execute
Construction Agreement for same.
Department: Capital Projects
Summary: Staff invited qualified Licensed Contractors, in accordance with the City's
Purchasing Policy and Florida Statutes, to submit a Bid for construction of the Wastewater
Treatment Site Shoreline Protection Project. Over the past several years,the shoreline has been
severely eroded by storms producing high wind/waves. The shoreline has continued to recede
to the point that infrastructure at the Wastewater Treatment Plant (WWTP) could soon be
impacted. In addition, shoreline sediments from the erosion have covered emerging sea grasses
in the Banana River.
Project Description. This Project will provide WWTP shoreline protection from high wind/
wave erosion by placement of coquina rock at selected locations. Mangroves will not be
impacted and will continue to (1) provide habitat for juvenile fish and (2) trap sediment thus
stabilizing the shoreline (partial"living shoreline"). Benefits from construction of the shoreline
improvements are fourfold:
• Reduction of sediments from the shoreline eroding into the Banana River which
historically have covered adjacent seagrasses;
• Protection of major WWTP infrastructure (oxidation ditch, stormwater ponds,
maintenance building, etc.);
• Protection of WWTP facilities with the installation of a new security fence around
selected areas of the property; and
• Protection of the shoreline on City-owned property from the northern end of Banana
River Park to the southern end of the WWTP.
A map of the project/work area and photographs of existing conditions are included in
Attachment#1.
Firm Selection Process. Staff advertised this bid opportunity on February 12, 2018 by posting
(1) a legal ad in the Florida Today newspaper, (2) a notice on the City's web page and (3) bid
information to Onvia, Inc., bid service (DemandStar). A "Bid Submittal" notation was also
included that the contract will be awarded pursuant to the requirements of applicable State and
federal laws and regulations.A summary of the sealed bids submitted for the Project and opened
on March 8,2018 is included in Attachment#2.
Upon review of the submitted bids, Staff and the City Engineer are recommending that the
Project be awarded to SDV Services LLC (SDV) of Titusville, Florida with a bid amount of
$193,850. SDV previously completed the "armoring" project at Banana River and Manatee
Sanctuary Parks. A proposed Construction Agreement is included as Attachment#3.
Project Funding. Funding for this Project is from the Stormwater Utility. Due to past erosion
and damage inflicted at the WWTP, Staff believes it imperative that the "armoring" project be
City Council Meeting Date: 03/20/2018
Item No. 3
Page 2 of 2
completed prior to the next hurricane season. Otherwise, critical infrastructure could be
impacted in the event of a major storm.
Submitting Department Director: Jeff Ratliff Date: 3/12/18
Attachments:
#1 -Project/Work Location and Photographs
#2 - Bid Summary
#3 - Construction Agreement
Financial Impact: $193,850 for construction of Wastewater Treatment Site Shoreline
Protection Project awarded to SDV Services LLC funded by the Stormwater Fund. Staff time
and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/9/18
The City Manager recommends that City Council take the following action: Award Bid for
construction of Wastewater Treatment Site Shoreline Protection Project to SDV Services LLC
in the amount of$193,850 and authorize City Manager to execute Construction Agreement for
same.
Approved by City Manager: David L. Greene Date: 3/12/18
Attachment #1
• Project/Work Location
• Photographs
Project/Work Location [map]
[pictures]
Fence line conditions behind maintenance building (looking east).
Fence line conditions behind PWS storage area (looking west).
Attachment #2
Bid Summary
CITY OF CAPE CANAVERAL
Request for Bids
WASTEWATER TREATMENT SITE SHORELINE PROTECTION
Bid #2018-03
City of Cape Canaveral City Hall
Conference Room A
100 Polk Avenue
Cape Canaveral, Florida 32920
MINUTES
Thursday
March 8, 2018
2:15 P.M.
CALL TO ORDER: Capital Projects Director called the Meeting to order at 2:15 P.M.
Others present:
Cheryl Puleo, Accounting Technician
Melinda Huser, Deputy Finance Director
Three bidding contractors (see attachment)
Mr. Ratliff proceeded to open the bids received and announced the results:
WASTEWATER TREATMENT SITE SHORELINE PROTECTION
PROJECT BID#2018-03:
Firm Location Bid Amount
Canaveral Construction Co., Inc. Mims, FL $281,840.00
Gregori Construction, Inc. Titusville, FL $280,375.00
Rush Construction, Inc. Titusville, FL $198,892.00
SDV Services LLC Titusville, FL $193,850.00
TSI Construction, Inc. Saint Cloud, FL $239,489.00
Mr. Ratliff stated the Bids would be reviewed. With no questions or further comment, Mr. Ratliff
adjourned the meeting at 2:20 P.M.
Jeff Ratliff,Capital Projects Director
City of Cape Canaveral
Bid Opening—Waste Water Treatment Site Shoreline Protection Bid #2018-03
City Hall Conference Room-- 100 Polk Avenue
Thursday,January 8, 2018 (2:15 PM)
Name and Company Address Telephone Number e-mail Address
ShawnLucas RUSHCast 6285 [illegible] Blvd. 267-8100 jdycus@rushinc.com
ANDY GREGORI 3950 South St. Titusville 32870 724-822-3705 agregorie@gregori-inc.com
Dirk Neuerberg /CCCI 3475 N. VSI Mims, FL 32754 321-269-4011 lee@canaveralconstruction.com
Page 1 of 1
City of Cape Canaveral
Bid Tally Sheet—Waste Water Treatment Site Shoreline Protection
Bid No. 2018-03
City Hall Conference Room—100 Polk Avenue
Thursday, March 8, 2018 (2:15 PM)
Firm Location Bid Amount
Canaveral Const. Mims $281,840
gregori Const. Titusville $280,375
Rush Const. Titusville $198,892
SDV Const. Titusville $193,850
TSI Const. St. Cloud, $239,489
Page 1 of 1
Attachment #3
Construction Agreement
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid#2018-03
SECTION 00 50 00
CONSTRUCTION AGREEMENT
This Agreement made this day of ,2018 between the CITY OF CAPE CANAVERAL,
a Florida municipal corporation (herein referred to as CITY) and ' a State Certified General
Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as
CONTRACTOR),as follows:
1. DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with the Contract
Documents,for the restoration of the shoreline at the City's Wastewater Treatment Plant(WWTP)as set
forth in the Scope of Services,attached hereto as Exhibit"A",and fully incorporated by this reference
("Work').
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; Engineering Plans and Drawings prepared by John A. Pekar, PE,dated
February 2018; Bid #2018-03; Documents issued by the City, Contractor's Bid Submittal; General
Conditions by the City;Supplemental Terms and Conditions by the City;and all Change Orders approved
by the City after execution of this Agreement.These Contract Documents are hereby incorporated into
this Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving
precedence in the following order:
a. Agreement Exhibits and Addenda;Contractor's Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions;
d. General Terms and Conditions;or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION-At its discretion,during the course of the work, should any errors,
ambiguities or discrepancies be found in the Agreement or specifications,the CITY at its sole discretion
will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees
to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of
the CITY.When the material, article or equipment is designated by a brand name and more than one
brand name is listed, it will be understood that the work is based on one brand name only. The
CONTRACTOR will be responsible for all coordination necessary to accommodate the material,article
or equipment being provided without additional cost to the CITY. A substitute material, article or
equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full
discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY
prior to use of the substitute for a specified brand name and allow the CITY to make a determination
before CONTRACTOR uses the substitute.
CONSTRUCTION AGREEMENT 00 50 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid#2018-03
5. CONTRACT TIME-The CONTRACTOR shall begin work within thirty(30)days after the issuance of a
written Notice to Proceed and shall complete the Work within ninety(90)calendar days from the date of
the Notice to Proceed. Extensions, if any,are authorized by City,and may only be granted in writing.
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this
Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time
specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General
Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time.
Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated
damages for delay(but not as a penalty)CONTRACTOR shall pay CITY one hundred dollars($100.00)
per day for each day that expires after the time specified in Paragraph 5 for final completion until the work
is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten($10.00)dollars
as consideration for this provision.
7. CONTRACT PRICE,UNIT PRICE CONTRACT-The CITY will pay the CONTRACTOR in current funds
for the performance of the work,subject to additions and deductions by Change Order,the Total Contract
Price of ($ ).Payments will
be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices
included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated
herein.
8. TERMINATION:DEFAULT BY CONTRACTOR AND CITY'S REMEDIES-The CITY reserves the right
to revoke and terminate this Agreement and rescind all rights and privileges associated with this
Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and
terminate this Agreement in the following circumstances, each of which shall represent a default and
breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven(7)calendar days after written notice
from the CITY specifying the default complained of unless,however,the nature of the default is such
that it cannot, in the exercise of reasonable diligence, be remedied within seven(7)calendar days,
in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the
default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are
necessary therefore;or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or
CONTRACTOR becomes insolvent,or is unable or unwilling to pay its debts;or
c. CONTRACTOR has acted negligently,as defined by general and applicable law,in performing
the Work hereunder;or
d. CONTRACTOR has committed any act of fraud upon the CITY;or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its
obligations under this Agreement;or
f. CONTRACTOR is experiencing a labor dispute,which threatens to have a substantial,adverse
impact upon performance of this Agreement without prejudice to any other right, or remedy CITY
may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have
the right to exercise any other remedy the CITY may have by operation of law, without limitation, and
without any further demand or notice. In the event of such termination, CITY shall be liable only for the
CONSTRUCTION AGREEMENT 00 50 00-2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid#2018-03
payment of all unpaid charges,determined in accordance with the provisions of this Agreement,for Work
properly performed prior to the effective date of termination.
9. FORCE MAJEURE-Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God;fire;flood;windstorm;explosion;
riot;war;sabotage;strikes(except involving CONTRACTOR's labor force);extraordinary breakdown of
or damage to CITY's affiliates'generating plants,their equipment or facilities; court injunction or order;
federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the
reasonable control of the party affected;provided that prompt notice of such delay is given by such parry
to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or
causes. If any circumstance of Force Majeure remains in effect for sixty days,either party may terminate
this Agreement.
10. SEVERABILJTY-In the event any portion or part thereof of this Agreement is deemed invalid,against
public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and
option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement.
The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully
enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project
Manager,by CONTRACTOR as the work progresses and in accordance with the Contract Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompt and proper payments for labor, materials, or equipment
fumished him;
d. Another Contractor is damaged by an act for which Contractor is responsible;
e. Claims or liens are filed on the job;or
f. In the opinion of the City of Cape Canaveral,Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in
accordance with the Local Government Prompt Payment Act("Act").After 50%completion of the project,
CITY shall reduce to 50/6 the amount of the retainage withheld from each subsequent progress payment
made to the CONTRACTOR unless the project is subject to Federal funding,in whole or in part,and the
project is subject to laws and regulations contrary to the Act.The term"50%completion of the project"
shall mean the point at which the CITY has expended 50%of the total cost of the construction services
purchased under this Agreement together with all costs associated with existing change orders and other
additions or modifications to the construction services provided for in this Agreement. After 50%
completion,the Contractor may present to the CITY a payment request for up to one-half of the retainage
held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has
grounds, under the Act,for withholding the payment of the retainage.The remaining retainage amount
withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate.
CITY shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and
properly completed, if the contract has been fully and timely performed,but subject to the condition that
final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens
arising out of the contract,or receipt of releases of lien fully covering all labor,materials and equipment
CONSTRUCTION AGREEMENT 00 50 00- 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid#2018-03
for which a lien could be filed,or in the alternative a bond satisfactory to CITY indemnifying him against
such claims.
By making payments,CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents;
c. Outstanding claims of liens;or
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13, DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:DUTIES
AND AUTHORITY-The duties and authority of the CITY are as follows:
a. General Administration of Contract.The primaryfunction of the CITY is to provide the general
administration of the contract. In performance of these duties, Jeff Ratliff or his authorized
representative is the CITY's Project Manager during the entire period of construction.The CITY may
change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The CITY will not be responsible for the means of construction,or for the sequences,methods and
procedures used therein,or for the CONTRACTOR's failure to perform the work in accordance with
the Contract Documents.
c. Access to Worksite for Inspections.The CITY shall be given free access to the worksite at
all times during work preparation and progress. The Project Manager is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting on work
progress, and any such inspections shall not waive CITY's claim regarding defective work by
Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes.The CITY will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between CONTRACTOR and CITY.
e. Resection and Stoppage of Work. The CITY shall have authority to reject work which in its
opinion does not conform to the Contract Documents,and in this connection may stop the work or a
portion thereof,when necessary.
f. Payment Certificates.The CITY will determine the amounts owing to CONTRACTOR as the
work progresses,based on CONTRACTOR's applications and CITY's inspections and observations,
and will issue certificates for progress payments and final payments in accordance with the terms of
the Contract Documents.
14. PROGRESS MEETING—CITY s Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the CITY, during the term of work entered into under this
Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such
meetings as designated by the CITY's Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR-CONTRACTOR's duties and rights in connection with the
project herein are as follows:
CONSTRUCTION AGREEMENT 00 50 00-4
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid#2018-03
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract,including the techniques,sequences,procedures
and means,for the coordination of all work.CONTRACTOR shall supervise and direct the work,and
give it all attention necessary for such proper supervision and direction.
b. Discipline and Employment.CONTRACTOR shall maintain at all times strict discipline among
his employees, and he agrees not to employ for work on the project any person unfit or without
sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment,including tools,construction equipment and machinery, utilities,including
water, transportation, and all other facilities and work necessary for the proper completion of work
on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits.CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents)hold or will secure all trade or professional licenses required by law for CONTRACTOR
to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year
after acceptance by CITY.
16. ASSIGNMENT-CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior,written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by
CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions
performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this Agreement,
CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY
and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or
retained any company or person,other than a bona fide employee working solely for the CONTRACTOR,
to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual,or firm,other than a bona fide employee working solely for the CONTRACTOR,
any fee,commission,percentage,gift,or other consideration contingent upon or resulting from the award
or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties and neither party is authorized to,nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and
defend the CITY,its officers,agents,officials, representatives,employees,and/or attorneys against any
and all liability,loss,cost,damages,expenses,claim or actions,of whatever type,including but not limited
CONSTRUCTION AGREEMENT 00 50 00- 5
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid#2018-03
to attorney's fees and suit costs,for trial and appeal,which the CITY may hereafter sustain,incur or be
required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its
agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the
execution, performance or non-performance or failure to adequately perform CONTRACTOR's
obligations pursuant to this Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own expense or
to provide for such defense,at the sole option of the CITY,as the case may be,of any and all claims of
liability and all suits and actions of every name and description that may be brought against the CITY,its
officers, agents, officials, representatives, employees, and/or attorneys which may result from the
services under this Agreement whether the services be performed by the indemnifying party or anyone
directly or indirectly employed or hired by them. In all events the CITY shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be subject to and included with this indemnification
provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this
Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto,
and the execution,delivery,and performance hereof by CONTRACTOR has been duly authorized
by the board of directors and/or president of CONTRACTOR. In support of said representation,
CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing
provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local,state and federal laws to provide the work stated
in paragraph 1.0 herein.In support of said representation,CONTRACTOR agrees to provide a copy
of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND-CONTRACTOR shall supply a materials, performance and payment bond(s)in form approved
by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract
Documents.
24. INSURANCE-During the term of this Agreement,CONTRACTOR shall be responsible for providing the
types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed under
this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly
employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the CONTRACTOR
from claims for damages for bodily injury, including wrongful death, as well as from claims from
CONSTRUCTION AGREEMENT 00 50 00 -6
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid#2018-03
property damage, which may arise from the ownership, use, or maintenance of owned and non-
owned automobiles, including rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law and Employer's Liability
Insurance in the minimum amount of$2,000,000 for all of its employees performing Work for the
CITY pursuant to this Agreement.
Special Requirements.Current,valid insurance policies meeting the requirements herein identified shall
be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be
provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the
insurance requirements of this paragraph 24.Renewal certificates shall be sent to the CITY 30 days prior
to any expiration date.There shall also be a 30-day advance written notification to the CITY in the event
of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional
named insured on all stipulated insurance policies as its interest may appear,from time to time,
excluding workers'compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions
contained in this paragraph section 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the
terns or performance of this Agreement,both parties will participate in mediation.The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through
mediation,then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard
County, Florida.
26. GOVERNING LAW&VENUE-This Agreement is made and shall be interpreted,construed,governed,
and enforced in accordance with the laws of the State of Florida.Venue for any state action or litigation
shall be Brevard County,Florida.Venue for any federal action or litigation shall be Orlando, Florida.
27. ATTORNEY'S FEES-Should either party bring an action to enforce any of the terms of this Agreement,
the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing
party the costs and expenses of such action including, but not limited to, reasonable attorney's fees,
whether at settlement,trial or on appeal.
28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid,to the applicable
party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual relationship
between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor
and not an agent of the CITY.The CONTRACTOR,its contractors,partners,agents,and their employees
are independent contractors and not employees of the CITY. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor,between the CITY,
on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after
the performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes, Contractor
agrees that all documents,transactions,writings,papers, letters,tapes,photographs,sound recordings,
data processing software,or other material,regardless of the physical form,characteristics,or means of
transmission,made or received pursuant to this Agreement or in connection with any funds provided by
the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida
Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and
CONSTRUCTION AGREEMENT 00 50 00- 7
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid#2018-03
necessarily would be required by the City in order to perform the services required by this
Agreement. Contractor also agrees to provide the public with access to public records on the same terms
and conditions that the City would provide the records and at a cost that does not exceed the cost
provided by Chapter 119,Florida Statutes or as otherwise provided by law. Contractor shall also ensure
that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all
requirements for retaining public records and transfer, at no cost, to the City all public records in
possession of the Contractor upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City. If Contractor does not comply with a public records request,
the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails
to comply with the provisions of this Paragraph,and the City is required to enforce the provisions of this
Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the
provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of
this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and
costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if
applicable,the City shall also be entitled to reimbursement of any and all attorney's fees and damages
which the City was required to pay a third party because of Contractor's failure to comply with the
provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity
under Section 768.28,or other limitations imposed on the CITY's potential liability under state or federal
law. As such,the CITY shall not be liable,under this Agreement for punitive damages or interest for the
period before judgment.Further,the CITY shall not be liable for any claim or judgment,or portion thereof,
to any one person for more than two hundred thousand dollars($200,000.00),or any claim or judgment,
or portion thereof,which,when totaled with all other claims or judgments paid by the State or its agencies
and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars($300,000.00).
32. HEADINGS-Paragraph headings are for the convenience of the parties only and are not to be construed
as part of this Agreement.
33. INTEGRATION:MODIFICATION-The drafting,execution,and delivery of this Agreement by the Parties
has been induced by no representations, statements, warranties, or agreements other than those
expressed herein.This Agreement embodies the entire understanding of the parties,and there are no
further or other agreements or understandings,written or oral,in effect between the parties relating to the
subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be
made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES -Waiver by either party of any terms or provision of this
Agreement shall not be considered a waiver of that term,condition,or provision in the future.No waiver,
consent,or modification of any of the provisions of this Agreement shall be binding unless in writing and
signed by a duly authorized representative of each party hereto. This Agreement may be executed in
any number of counterparts, each of which when so executed and delivered shall be considered an
original agreement;but such counterparts shall together constitute but one and the same instrument.
35. DRAFTING-CITY and CONTRACTOR each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement
in the event of a dispute between the parties.
36. NOTICE-Any notice,request,instruction,or other document to be given as part of this Agreement shall
be in writing and shall be deemed given under the following circumstances: when delivered in person;
or three(3)business days after being deposited in the United States Mail, postage prepaid,certified or
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Waste Water Treatment Site Shoreline Protection Bid#2018-03
registered; or the next business day after being deposited with a recognized overnight mail or courier
delivery service; or when transmitted by facsimile or telecopy transmission,with receipt acknowledged
upon transmission;and addressed as follows(or to such other person or at such other address,of which
any party hereto shall have given written notice as provided herein):
For City- For Contractor:
City of Cape Canaveral
David L.Greene,City Manager
100 Polk Avenue
Cape Canaveral,FL 32920
Phone: 321-868-1220 Phone:
Fax: 321-868-1224 Fax:
Either party may change the notice address by providing the other party written notice of the change.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first
above written.
CONTRACTOR:
WITNESSES:
By.
Print Name: Print Name:
Title:
Print Name:
CITY:
City of Cape Canaveral,Florida,
a Florida municipal corporation.
Attest: By:
David L.Greene,City Manager
By:
Mia Goforth,City Clerk
Date
CONSTRUCTION AGREEMENT 00 50 00 -9
[CITY SEAL] City of Cape Canaveral
( City Council Agenda Form
City Council Meeting Date: 03/20/2018
Item No. 4
Subject: Approve Design Proposal in the amount of $335,740 to Architects RZK, Inc. for
Architectural and Engineering Services related to Canaveral City Park's Multi-Generational
Facility(MGF)and the Culture Arts Preservation and Engagement Center(CAPE; aka old City
Hall)and authorize City Manager to execute agreement for same.
Department: Culture & Leisure Services
Summary. Two of the City Council's goals for FY 2017/18, derived from the March 2017
Strategic Retreat, were to secure funding and proceed with design, permitting and construction
documents for both a Multi-Generational Facility and Culture Arts Preservation and
Engagement Center. In May 2017, Council approved moving forward with these projects and
directed Staff to secure funding. In July 2017, Council authorized the issuance of up to $6.2
million in revenue notes to finance the cost of the projects, thus bringing them to fruition after
years of discussion.
Project Description. On November 16, 2017, Request for Qualifications(RFQ)#2017-01 was
publicly advertised requesting firms to submit Statements of Qualifications (SOQs) for the
provision of architectural services, civil/structural engineering, surveying and other
miscellaneous site design and consulting services related to the redevelopment of Canaveral
City Park, specifically Phase I which includes design/construction of a 20,000 sq. ft. Multi-
Generational Facility and associated site work on approximately one (1) acre of land, and the
repurposing and redevelopment of the former City Hall building located at 105 Polk Avenue.
The RFQ was advertised in the legal section of Florida Today,posted on the City website under
the Bids/RFQs tab, emailed to service providers registered on the City's vendor list to include
existing Consultant Competitive Negotiation Act contract holders and online via
Onvia/Demandstar's national bidding platform.
Nine (9) firms submitted RFQ packages. A Staff Review Committee (SRC) evaluated the
proposals on a matrix scale consisting of compliance with RFQ instructions, Technical
Expertise, Quality Control, Staff Credentials, Related Experience with Similar Projects,
Location and Local Knowledge/Experience and Project References. On January 18, 2018, SRC
met to evaluate and discuss all submitted rankings and RZK, Inc. was confirmed as the highest
ranked firm. A negotiation process followed to secure the most reasonable/comprehensive
architectural design package. RZK, Inc.'s proposal of $335,740 is well within the State of
Florida's Department of Management Services guidelines for Architectural and Engineering
Services under class"C"Repairs and Renovations and class"D"Average Complexity Projects.
The proposed Contract Agreement between RZK, Inc. and the City is attached.
Submitting Department Director: Gustavo Vergara Date: 3/13/18
Attachment: Contract Agreement
Financial Impact: $335,740 to Architects RZK, Inc. for Architectural and Engineering
Services related to Canaveral City Park's Multi-Generational Facility and the Culture Arts
Preservation and Engagement Center funded by the Community Redevelopment Agency Fund.
Staff time and effort to complete this Agenda Item.
City Council Meeting
Date: 03/20/18
Item No. 4
Page 2 of 2
Reviewed by Administrative/Financial
Services Director: John DeLeo Date. 3/13/18
The City Manager recommends that City Council to take the following action(s):
Approve Design Proposal in the amount of$335,740 to Architects RZK, Inc. for Architectural
and Engineering Services related to Canaveral City Park's Multi-Generational Facility and the
Culture Arts Preservation and Engagement Center and authorize City Manager to execute
agreement for same.
Approved by City Manager: David L. Greene Date: 3/13/18
AGREEMENT FOR
COMPREHENSIVE ARCHITECT,ENGINEERING AND SITE DESIGN SERVICES
(New Multi-Generational Center and Renovate Old City Hall)
THIS AGREEMENT is made and entered this day of March 2018,by and between
the CITY OF CAPE CANAVERAL,FLORIDA,a Florida municipal corporation("City"),located
at 100 Polk Avenue, Cape Canaveral, Florida 32922, and ARCHITECTS RZK, INC., a Florida
corporation ("Consultant"), whose principal address is 600 Florida Avenue, Suite 201, Cocoa,
Florida 32922.
WITNESSETH:
WHEREAS, City has a need to obtain comprehensive architectural, engineering and site
design services for two(2)proposed City projects(new Multi-Generational Center and renovation of
the old City Hall); and
WHEREAS, the City has followed the selection and negotiation process set forth in the
Florida's Consultants' Competitive Negotiation Act, section 287.055, Florida Statutes, specifically
for the aforementioned projects; and
WHEREAS, Consultant participated in the selection and negotiation process; and
WHEREAS, Consultant are willing to provide such comprehensive architectural,
engineering and site design services to the City under the terms and conditions stated herein.
NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties covenant and agree as follows:
1.0 TERM AND DEFINITIONS
1.1 Unless sooner terminated by either Party pursuant to the terms and conditions herein, this
Agreement shall terminate at such time the basic scope of services, and any additional scope of
services,required herein are fully performed by Consultant and completed to the satisfaction of the
City.
1.2 The terms and conditions of the basic scope of services are set forth in Section 2 hereof. In
addition, any additional scope of services required by the City herein shall be set forth in a separate
written Task Order executed by the Parties. This Agreement shall remain in effect until completion
of the basic scope of services and any additional services required by all Task Orders are completed
to the satisfaction of the City, and all of the terms and conditions of this Agreement shall survive
until completion of all such services.
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City of Cape Canaveral/Architects RZK, Inc.
1
1.3 Definitions. The following words and phrases used in this Agreement shall have the
following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or"Contract" shall be used interchangeably and shall refer to this Agreement,
as amended from time to time,which shall constitute authorization for the Consultant to provide the
basic scope of services described herein and any additional scope of services approved by Task Order
by the City.
b. "Effective Date" shall be the date on which the last signatory hereto shall execute this
Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement
shall not go into effect until said date.
C. "Consultant" shall mean Architects RZK, Inc., a Florida corporation, and its principals,
employees, resident project representatives (and assistants).
d. "Sub-Consultant(s)shall mean any sub-contractors retained by Consultant to perform any of
the services required by this Agreement. All sub-consultants must obtain prior approval by the City
pursuant to the procedures set forth in paragraph 2.3 of this Agreement,
e. "Public Record" shall have the meaning given in Chapter 119, Florida Statutes as may be
amended.
L "Project'' or"Projects" shall mean a proposed two story, approximately 20,000 square foot,
new Multi-Generational Center to be constructed on approximately one(1)acre of land on Canaveral
City Park located at 7700-7798 Orange Avenue, Cape Canaveral, Florida, and renovation of the
former City Hall located at 105 Polk Avenue.
g. "Reimbursable Expenses" shall mean the actual expenses incurred by Consultant which are
described in paragraph 5.2 of this Agreement.
h. "Work" or"Services" shall be used interchangeably and shall include the performance of the
work agreed to by the Parties and described in paragraph 2 of this Agreement.
i. "Task Order" shall mean a written document approved by the Parties pursuant to the
procedure outlined in paragraph 2.0 of this Agreement, which sets forth any additional scope of
services to be performed by Consultant under this Agreement above and beyond the basic scope of
services described in paragraph 2.0,and shall include,without the necessity of a cross-reference,the
terms and conditions of this Agreement.
1.4 Engagement. The City hereby engages the Consultant and Consultant agrees to perform the
Services outlined in this agreement for the stated fee arrangement. No prior or present
representations shall be binding upon any of the parties hereto unless incorporated in this Agreement.
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City of Cape Canaveral/Architects RZK, Inc.
2
2.0 DESCRIPTION OF SERVICES; APPROVAL OF SUB-CONSULTANTS
2.1 General Description of Project. The Parties acknowledge that the purpose of this Agreement
is for the City to obtain,and the Consultant to provide,comprehensive architectural,engineering and
design services for two major City project initiatives. The first project shall consist of a proposed
new,approximately 20,000 square foot,two-story Multi-Generational Center to be constructed on an
approximate one (1) acre site located at Canaveral City Park located at 7770-7798 Orange Avenue,
Cape Canaveral, Florida 32920. The new Center has an estimated construction budget of
approximately$3.5 million and will be publicly bid at such time the design services required by this
Agreement for the new Center have been completed. The second project shall consist of a major
Level 3 Florida Building Code renovation of the former City Hall building located at 105 Polk
Avenue, Cape Canaveral, Florida. The renovation has an estimated construction budget of
approximately $650,000 and will be publicly bid at such time the design services required by this
Agreement for the former City Hall have been completed.
2.2 Scope of Services. The scope of comprehensive architectural, engineering and
design services provided by the Consultant under this Agreement shall consist of basic services and
optional additional services described as follows:
2.2.1 Basic Scope of Services. Consultant shall be the lead design firm who will specifically
provide the architectural services required hereunder and be responsible for managing all sub-
consultants retained by Consultant hereunder to provide other comprehensive architectural,
engineering and site design services required by this Agreement to complete the Projects. Consultant
shall require sub-consultants to participate in meetings with the City and conduct site visits as deemed
necessary to professionally and expeditiously complete the services required hereunder on a timely
basis. Additionally,although Consultant may authorize sub-consultants to communicate directly with
the City, for purposes of obtaining information and comments relevant to their assigned task under
this Agreement, all services provided hereunder by Consultant and any sub-consultants shall be
centrally coordinated through, and managed by, Consultant. Consultant shall be responsible for
managing all work flow provided to, and communications with, the City. Furthermore, the basic
scope of services is more specifically described as follows:
A. Consultant will focus on the Project's main structure(s)and any features directly attached
thereto, unless noted otherwise, and will cease at an imaginary line five (5) feet outside of the
proposed building footprint. Civil-Site and Landscape design services will be provided by the sub-
consultant, AEI, for the Multi-Generational project and will commence from 5 feet outside the
structure and follow the effort described in paragraph C below. No civil-site or landscape design is
presently included for the former City Hall project.
B. The design effort employed by the Consultant will be the most comprehensive and
economical process that meets the needs of the City. Specifically, Consultant will follow the
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City of Cape Canaveral/Architects RZK, Inc.
3
following steps:
Step One (Assess Program & Existing Conditions)
Consultant will study the proposed Multi-Generational building description provided by the
City relative to how the building will be enumerated and function on the proposed site.
For the former City Hall building, Consultant shall conduct two(2) site visits to assess
select existing physical building conditions and compare them to the existing"As Built"or
"Record"plan(s)provided by the City. However,the assessment will not entail any in depth
measurement collection or destructive investigation. If required by the City, Consultant's
sub-consultant, TLC,will undertake a structural analysis of the existing City Hall building
to confirm whether it satisfies the requirements of the current building code. This effort is
an optional additional service itemized under the fees schedule set forth in this Agreement.
NOTE: All local building departments require sufficient plans which describe the
overall structure as it exists (As Built documents) for use in determining if code
compliance can be achieved.We anticipate the existing plans we have been provided
will be sufficient; however, if the plans are not acceptable with the building official,
the City may request that the Consultant(and any assigned sub-consultants)provide
additional services to document the former City Hall structure in a manner deemed
acceptable to the City's building official.
Sten Two (Kick-off meeting)
As soon as practicable after the Effective Date of this Agreement,the Consultant and City
shall conduct a"kick-off' meeting at the New City Hall to commence the design phase of
the Project. During this meeting,representatives of the Parties and sub-consultants retained
by Consultant will focus on a comprehensive review of the building program requirements
relative to the spatial arrangements,building use and any persons (users)who will occupy
the buildings,plus any equipment to be accommodated within or attached to the buildings.
Step Three (Schematic Design)
Step Three will focus on preparation of architectural schematic (or concept) documents
which will generally define the new facility via a plan(s) and an appearance scheme(s)via
exterior elevations. As the schematic documents are being developed they will be
configured for any apparent Life Safety code requirements associated to emergency egress
as required by the Florida Building Code or Florida Fire Prevention Code. Upon
completion, the Consultant shall schedule a meeting at the new City Hall to review the
initial schematic documents with the City.
Thereafter the documents will be revised to suit the adjustments discussed and a
confirmation set of schematics sent to the City. Consultant shall require a formal sign off
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City of Cape Canaveral/Architects RZK, Inc.
4
of the confirmation set of schematics by the City prior to moving forward with the next
step in the design process.
Should the City require additional changes after submission and acceptance of the
confirmation set by the City,the Consultant will ascertain if the extent of such changes are
minor; and, if so, will request the City to approve the confirmation set subject to the
enumerated changes. If the Consultant determines the changes are significant,Consultant
(and any assigned sub-consultants)may submit a task order proposal to the City to consider
repeating this Step Three before proceeding with Step Four.
Step Four (Design Development)
Step Four will involve preparation of Design Development documents("DDs")including
plans,elevations and written summaries as prepared by the Consultant.At the onset of this
step, three (3) appearance schemes will be developed for review with the City staff and
City Council.The appearance schemes will be 2D and colored. Upon acceptance of one of
the three appearance schemes,the DD's will be prepared by the Consultant to adequately
describe that proposed for the building structural system(s), envelope materials and
finishes,mechanical and electrical equipment,interior finishes, and other required items.
The design will follow that intended to achieve a LEED Silver rating; however, a
verification / certification process is not part of the basic services provided under this
Agreement.
DD documents will be reviewed with the City at a face to face meeting at the new City
Hall. Thereafter the documents will be revised to suit the adjustments discussed and a
confirmation set of DDs will be delivered to the City. Consultant will require a formal sign
off of the confirmation set by the City prior to moving forward with the next step in the
design process. Should the City require additional changes after submission and acceptance
of the confirmation set by the City, the Consultant will ascertain if the extent of such
changes are minor; and,if so,will request the City to approve the confirmation set subject
to the enumerated changes. If the Consultant determines the changes are significant,
Consultant(and any assigned sub-consultants)may submit a task order proposal to the City
to consider repeating this Step Three before proceeding with Step Five.
Step Five (Construction Documents)
Step Five will involve Consultant preparing the construction documents ("CDs") in
sufficient detail necessary to describe to potential construction bid contractors the Project
design intent and the requirements to obtain a local building permit. Technical
specifications will be in a manual to supplement the drawings. Contractual and General
Conditions specifications will be in manual form.
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City of Cape Canaveral/Architects RZK, Inc.
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The Consultant will prepare said CDs to approximately pre-final completion whereby the
building structural, mechanical and electrical systems will be adequately identified and
upon completion said plans will be reviewed with the City at a face to face meeting to be
held at the new City Hall. Clarifications or any minor changes of the CDs identified at the
meeting will be noted and incorporated into the plans and a memo sent to the City.
Thereafter,the Consultant will proceed with completion of the CDs. Electronic files of the
CDs will be provided to the City and the City may post the files on the City's procurement
web site for purposes of affording potential construction contractors an opportunity to
submit competitive price proposals related to the construction contract awarded for the
Projects in furtherance of this Agreement.
Step Six (Competitive Pricing /Bid Period)
During Step Six, Consultant will respond to any inquiries made by potential construction
bidders and such responses shall be in writing unless otherwise required by the City. In
addition,the Consultant will also assist the City in selecting the most qualified construction
bidder.
Step Seven (Permit Period)
After selection of a construction contractor by the City, the Consultant will, to the extent
necessary, sign and seal documents prepared by Consultant for submission to the
appropriate governing authorities for issuing permits to complete the Projects, and will
assist the City with responding to any requests for information or other inquiries from
governing authorities responsible for issuing permits.
Step Eight(Construction Period)
During Step 8, the Consultant will review submittals of proposed materials and products
and inquiries from the selected construction contractor. In addition, the Consultant will
actively visit the job site at least every other week to attend an Owner, Architect &
Contractor(OAC) meeting and walk the Project site to observe the general progress and
quality of construction and advise the City of any concerns. Sub-consultant(s)will visit the
Project site at least once(1)monthly during the construction of features associated with the
sub-consultant's design effort. The Parties acknowledge and agree that the Project's
construction period is estimated to be up to nine (9)months.
Further,during the construction phase of the Project,the Consultant will also process and
certify the monthly progress payments to the construction contractor. At substantial
completion of the Project, the Consultant will walk the Project site and supplement the
contractor's punch list for items which remain to be finalized. Once, in the opinion of
Consultant, the Project building is suitable for occupancy, the Consultant shall issue a
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City of Cape Canaveral/Architects RZK, Inc.
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Certificate of Substantial Completion. Additionally, once the construction contractor
advises the City that the punch list has been completed by the construction contractor,the
Consultant will walk the facility one final time to confirm if final completion of the
building has been achieved by the contractor.
In the event that the Consultant is required to make multiple visits to confirm substantial or
final completion, the Consultant may invoice the City for any such visits at Consultant's
hourly rate for the duration of said visit, along with any other time spent reconciling any
construction related issues with the design documents. The Consultant will include
language in the construction contractual specifications conditions for which the contractor
will be back charged by the City to compensate the Consultant for any additional costs
related to same.
C. Consultant has retained sub-consultant, AEI, to provide civil design and surveying
services related to the Multi-Generational Center. Said services shall be considered basic services
required by this Agreement and are more fully described in the survey and civil design scope of
services attached hereto as EXHIBIT "A." Consultant shall be solely responsible to the City for
ensuring that AEI provides the civil design and surveying services described in EXHIBIT"A"and
that AEI is compensated for services provided under Consultant pursuant to the terms and conditions
of this Agreement. Consultant shall ensure that all work product, such as surveys, site plans,
diagrams and schematics provided by AEI consistent with this Agreement are certified for the City's
use, benefit and reliance.
2.2.2 Additional Scope of Services. Additional services consist of any service not
specifically listed as"Basic Services"under paragraph 2.2.1 or elsewhere in this Agreement. Such
additional services shall include design of any building systems which extend are more than 5 feet
outside the building footprint and not covered under the Civil-Site design effort. The City may,at its
discretion,require the Consultant to provide additional architect,engineering and site design services
related to the Projects which are not covered under the basic scope of services on a"task"basis. For
example,a list of additional services that may be provided under this Agreement are set forth in the
attached EXHIBIT "B," which is fully incorporated herein by this reference. The City will
communicate with Consultant,verbally or in writing,a general description of the additional task to
be performed.The Consultant will generate a detailed Scope of Work document,prepare a Schedule,
add a Not-to-Exceed-Budget or Lump Sum Fee to accomplish the task with a detailed cost
breakdown based on the hourly rate schedules referenced in this Agreement,or such other hourly rate
schedule or lump-sum otherwise agreed to by the Parties, and send the thus developed "Task
Proposal" to the City. The detailed cost breakdown of the not-to-exceed budget or lump sum fee
shall consist of a list of major sub-tasks and a man-hour breakdown for all work to be performed.
The cost breakdown shall include all sub-consultant work and the Task Proposal shall include the
written price proposals from all sub-consultants. The detailed cost breakdown shall include a line
item for Reimbursable Expenses and the list of the expenses proposed to be eligible for
reimbursement. The City will review the Task Proposal, and if the description is mutually
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City of Cape Canaveral/Architects RZK, Inc.
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acceptable, the Parties will enter into a written "Task Order." The Scope of Services generally to be
provided by the Consultant through a Task Order may include any architectural, engineering and site
design services for the Projects and may contain written terms and conditions which are deemed
supplemental to this Agreement.
The City will issue a notice to proceed to the Consultant in the form of a letter and an
executed City purchase order for any Task Order. Upon receipt of the signed Task Order and the
written notice to proceed from the City, the Consultant shall perform the services set forth in the
Task Order.
2.3 Approval of Subconsultants by City. The Parties acknowledge that Consultant
must rely on sub -consultants to provide some of the services required by this Agreement, and that
Consultant intends to consult with TLC Engineering for Architecture, Inc., a Florida corporation
("TLC") for the optional SMEP engineering design services, and Allen Engineering, Inc., a Florida
corporation ("AEP') for the civil site services. The City hereby consents to Consultant using TLC
and AEI to provide the aforesaid services. If Consultant desires to utilize the services of any other
sub -consultants to provide services required by this Agreement, Consultant shall be required to
obtain prior written approval from the City before such additional sub -consultant is permitted to
provide services in furtherance of this Agreement. All sub -consultants shall be required to provide
proof of insurance as required by paragraph 10 of this Agreement and shall be required to execute a
separate sub -consultant indemnity and hold harmless agreement with the City prior to performing
any services. Further, all sub -consultants must be duly registered and licensed to do business in the
State of Florida and in good standing under the laws of Florida, and be duly qualified and authorized
to carry on the functions and operations set forth in this Agreement. All work product produced by
sub -consultants in furtherance of this Agreement shall be required to be certified to the City for the
City's use, benefit and reliance.
2.4 Witness Services. For witness or expert services rendered by Consultant's principals,
employees, resident project representatives (and assistants), and sub -consultants on behalf of the City
in any litigation, arbitration, or other legal or interested administrative proceeding in which the City
is a named interested party, City agrees to pay the Consultant or sub -consultant, which is used as a
witness or expert, an amount equal to that agreed upon by the applicable parties.
2.5 City Reservation. The City reserves the right, at its discretion, to perform any services
related to this Agreement or to retain the services of other companies to provide professional
services.
2.6 ADA. The City acknowledges that the requirements of the ADA and other Building
Codes will be subject to various and possibly contradictory interpretations. Consultant will use
reasonable professional efforts and judgment to interpret applicable ADA requirements and other
federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project;
however, Consultant cannot and does not warrant or guarantee that the Project will comply with all
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interpretations of the ADA requirements of the requirements of other federal, state and local laws,
rules, codes, ordinances and regulations as they apply to the project.
2.7 Credit for Services. When deemed appropriate by the City, the City agrees to credit
Consultant by name and title in all publicity involving the Project. Consultant will publicly reveal
Project information upon the City's prior written approval.
3.0 CHANGES IN THE SCOPE OF WORK
3.1 City may make changes in the services provided hereunder at any time by giving
written notice to Consultant. If such changes increase (additional services) or decrease or eliminate
any amount of work required herein, City and Consultant will negotiate any change in total cost or
schedule modifications. If the City and the Consultant approve any change, the Agreement will either
be modified in writing to reflect the changes or a Task Order shall be issued for additional services;
and Consultant shall be compensated for said services in accordance with the terms of paragraph 5.0
herein. All change orders shall be authorized in writing by City's and Consultant's designated
representative.
3.2 All services performed by Consultant under this Agreement shall be performed in
strict accordance with the terms of this Agreement insofar as they are applicable.
4.0 SCHEDULE
4.1 As soon as practicable after the Effective Date of this Agreement, Consultant shall
submit for the City's approval a mutually acceptable written schedule for the performance of the
services required by this Agreement. Said schedule shall anticipate completion of construction
documents no later than the end of September 2018. The schedule shall include allowances for
periods of time required for the City to review all work product prepared by Consultant. Once
approved by the City, time limits established by the written schedule shall not, except for reasonable
cause, be exceeded by the Consultant or the City. With the City's approval, the Consultant shall
adjust the schedule if necessary. Consultant shall complete all of said services in a timely manner
and will keep City apprised of the status of work on at least a monthly basis or as otherwise
reasonably requested by the City. Should Consultant fall behind the agreed upon schedule, it shall
employ such resources so as to comply with the agreed-upon schedule.
4.2 The time for completion of Consultant's work shall be extended by the period of a
delay caused by a force majeure event pursuant to paragraph 19 of this Agreement.
5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF
CONSULTANT
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5.1 Basic Services.For basic services performed by Consultant and any sub-consultant's
approved pursuant to Paragraph 2.0 above, the City agrees to pay the Consultant the following
compensation:
Design Effort(Steps 1 thru 5) Multi-Gen. Ctr. Former City Hall
Building Design $157,500.00 $ 40,000.00
Bid & Permit Effort(Steps 6 & 7)
Building Bid& Permit $ 10,500.00 $ 2,700.00
Construction Period Effort (Step 8)
Building Construction $42,000.00 $ 10,650.00
SUBTOTAL $210,000.00 $53,350.00
Civil-Site & Landscape (AEI) $ 65,740.00 $ 0.00
Cape Center Structural Analysis & Repairs
Design (Optional) (TLC) $ 7,800.00
TOTALS $275,740.00 $60,000.00
The above fees are a lump sum"not to exceed" amount and shall be the total cost to the City for the
basic services described herein whether such services are provided by the Consultant or any assigned
and approved sub-consultant and shall include Consultant's and any sub-consultant's general costs,
overhead and profit. Additionally, said amounts cover conventional reimbursable expenses which
include routine travel within Brevard County, photography of existing conditions, reproducing of
design documents for design review submittals,routine common postage and our equipment usage.
The aforesaid amounts are based on the Parties understanding of the basic services required at the
Effective Date of this Agreement. Should the basic services or Project budget change significantly,
or unforeseen circumstances cause a significant increase or decrease in the basic services required for
the Projects,each party reserves the right to seek and secure additional or reduced compensation as
the relevant circumstances may warrant.
5.2 Reimbursable Expenses. Reimbursable expenses include, but are not limited to,
reasonable expenses incurred by the Consultant in the interest of the Project for: transportation and
living expenses; long distance communication; reproduction; postage and delivery; additional
insurance requested by Client in excess of the minimum insurance requirements stated in paragraph
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10 herein;fees paid for securing authority approvals;record copies; and computer discs provided to
the City. Reimbursable expenses not included as part of the basic services shall be billed at actual
cost, except for the following expenses, which shall be billed at the corresponding rates:
• Auto Travel (per mile) $ .54 (outside of Brevard County)
• Photocopies,letter and legal (each) $ .25
• CD-ROM (each) $18.00 (beyond two to Dance Mania)
• Blackline Prints, 24" x 36" (each) $ 2.50
• Reproducible vellum prints (each) $10.00
5.3 Invoicing and Payment. Consultant shall be solely responsible for providing written
invoices to the City for all work actually performed under this Agreement including coordinating and
delivering backup written invoices from any sub-consultants authorized to perform services under
this Agreement. Invoices must clearly evidence the worked performed and the amount billed, and
will be submitted based on installments for the percentage of work actually performed by the
Consultant or any Sub-consultant in compliance with this Agreement. Consultant will submit only
one installment invoice per month inclusive of any Sub-consultant work. Any installment invoices
for a given month shall be delivered by the Consultant to the City no later than the 10th of each
month for review and payment to the Consultant within thirty(30)days of receipt,provided the City
deems the invoice is acceptable and in compliance with the terms of this Agreement. Invoices
deemed unacceptable by the City will be rejected for payment and returned to the Consultant.
Consultant shall be responsible for compensating all sub-consultants. The City will not remit
payment directly to any sub-consultant for work performed under this Agreement unless the City,in
its sole discretion, deems that it is in the City's best legal interest to do so. In which case, the City
will notify the Consultant, in writing, and Consultant hereby agrees to waive any right to any such
payments made by the City directly to the sub-consultant. Payment of invoices to the Consultant
shall also be subject to the paragraph 5.4 of this Agreement. At the end of the Project, or sooner if
deemed necessary by the City, the City may require a final affidavit and lien release from the
Consultant and any sub-consultant for any services provided under this Agreement.
5.4 Florida Prompt Payment Act. Payment shall be due and payable as provided by the
Florida Prompt Payment Act section 218.70 et. seq., Florida Statutes.
5.5 Miscellaneous. Under no circumstances shall actual or direct costs under this
Agreement include costs associated with inefficiency, offsite or home office overhead, loss of
productivity,consequential damages,legal or consulting costs,or costs associated with delays caused
in whole or in part by the Consultant or any sub-consultant.
5.6 Errors and Deficiencies. Consultant shall not invoice the City or seek any
compensation from the City to correct or revise any errors or deficiencies in Consultant's or Sub-
consultant's services provided under this Agreement.
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5.7 Payment Offsets. To the extent that Consultant or any Sub -consultant owes the City
any money under this or any other Agreement with the City, the City shall have the right to withhold
payment and otherwise back charge the Consultant or Sub -consultant for any money owed to the City
by Consultant or any Sub -consultant.
5.8 Payment not Waiver. The City's payment of any invoice under this Agreement shall
not be construed or operate as a waiver of any rights under this Agreement or any cause of action
arising out of the performance of this Agreement and Consultant or Sub -consultant shall remain
liable to the City in accordance with applicable law for all damages to the City caused by
Consultant's or Sub -consultant's performance of any services provided under this Agreement.
5.9 Delay Remedy. The risk of any monetary damages caused by any delays in
performing the services under this Agreement and any Task Order are accepted and assumed entirely
by the Consultant or any Sub -consultant, and in no event shall any claim relating thereto for an
increase in compensation be made or recognized. Consultant or any sub -consultant shall not make
any claim nor seek any damages of any kind against the City for any delays, impacts, disruption or
interruption caused by any delay. Consultant's or Sub -consultant's remedy for a delay shall be an
equitable extension of time to perform the services for each day of such delay that impacts the
critical path of the schedule established under this Agreement or specific Task Order.
6.0 RIGHT TO INSPECTION
6.1 City or its affiliates shall at all times have the right to review or observe the services
performed by Consultant or any Sub -consultant.
6.2 No inspection, review, or observation shall relieve Consultant or sub -consultant of its
responsibility under this Agreement.
7.0 PROGRESS MEETING
7.1 Consultant's Project Manager and all other appropriate personnel and sub -consultants
shall attend progress meetings with the City's Project Manager as required by this Agreement. If
necessary, additional progress meetings not enumerated in this Agreement may be called by either
party by mutual agreement and at mutually convenient times.
8.0 SAFETY
8.1 Consultant or any Sub -consultants shall be solely and absolutely responsible and
assume all liability for the safety and supervision of their respective principals, employees, resident
project representatives (and assistants) while performing services provided hereunder.
9.0 REASONABLE ACCESS
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9.1 During the term of this Agreement, City shall grant Consultant and any authorized
Sub -consultant reasonable access to the City's premises, records, and files for purposes of fulfilling
their respective obligations under this Agreement.
10.0 INSURANCE
10.1 Liability Amounts. During the term of this Agreement, Consultant and any
authorized sub -consultant shall be responsible for providing the types of insurance and limits of
liability as set forth below.
a. Professional Liability. Proof of professional liability insurance shall be provided to
the City for the minimum amount of $1,000,000 as the combined single limit per claim and
$1,000,000 in the aggregate.
b. General Liability. Proof of comprehensive general liability insurance in the
minimum amount of $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury and property
damage which may arise from any services performed under this Agreement whether such services
are performed by the Consultant or by anyone directly employed by or contracting with the
Consultant.
C. Automobile Liability. Proof of comprehensive automobile liability insurance in the
minimum amount of $1,000,000 per occurrence combined single limit for bodily injury, including
wrongful death, and property damage, which may arise from the ownership, use, or maintenance of
owned and non -owned automobiles, including rented automobiles, whether such operations be by the
Consultant or by anyone directly or indirectly employed by the Consultant.
d. Workers' Compensation. Proof of adequate Workers' Compensation Insurance and
Employers' Liability Insurance in at least such amounts as are required by law for all of its employees
performing work for the City pursuant to this Agreement.
10.2 Special Requirements. Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the term of this Agreement. Renewal certificates shall
be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day
advance written notification to the City in the event of cancellation or modification of any stipulated
insurance coverage. The City shall be an additional named insured on stipulated insurance
policies included in article 10.1.b and 10.1.c herein, as its interest may appear, from time to time.
10.3 The insurance required by this Agreement shall include the liability and coverage
provided herein, or as required by law, whichever requirements afford greater coverage. All of the
policies of insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded will not be canceled, materially changed or renewal refused
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until at least thirty (30) days' prior written notice has been given to the City, and the Consultant by
certified mail, return receipt requested. All such insurance shall remain in effect until final payment.
In the event that the Consultant or any sub -consultant shall fail to comply with the foregoing
requirement, the City is authorized, but in no event shall be obligated, to purchase such insurance,
and the City may bill the Consultant or sub -consultant as necessary or terminate this Agreement
without penalty by providing at least three days written notice. The Consultant, or sub -consultant as
the case may be, shall immediately forward funds to the City in full payment for said insurance. It is
expressly agreed that neither the provisions of the insurance referred to in this Agreement, nor the
City's acceptance of the terms, conditions or amounts of any insurance policy, shall be deemed a
warranty or representation as to adequacy of such coverage. All insurance coverage shall be with
insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably
determined by the City Manager) and licensed by the State of Florida to engage in the business of
writing of insurance or provided through the London Market for Professional Liability Insurance.
Unless agreed to by the City to the contrary, the City shall be named on the insurance policies
included in article 10.1.b and 10.1.c as "additional insured." The Consultant and sub -consultants shall
cause its insurance carriers, prior to performing services under this Agreement to furnish insurance
certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration
dates of such policies, and a statement that no insurance under such policies will be canceled without
thirty (30) days' prior written notice to the City in compliance with other provisions of this
Agreement. Further copies of all relevant policies will be provided to the City within thirty (30) days
of the effective date of this agreement. If the City has any objection to the coverage afforded by or
other provision of the insurance required to be purchased and maintained by the Consultant and sub -
consultants in accordance with this paragraph on the basis of its not complying with the Agreement,
the City shall notify the Consultant or sub -consultant in writing thereof within thirty (30) days of the
date of delivery of such certificates to the City. For all work performed pursuant to this Agreement,
the Consultant and any sub -consultant shall continuously maintain such insurance in the amounts,
type, and quality as required by the Agreement.
10.4 Independent Associates and Consultants. All sub -consultants employed by
Consultant to perform any services hereunder shall fully comply with the insurance provisions
contained in this paragraph.
11.0 COMPLIANCE WITH LAWS AND REGULATIONS
11.1 Consultant shall comply with all requirements of federal, state, and local laws, rules,
regulations, standards, and/or ordinances applicable to the performance of Services under this
Agreement.
12.0 REPRESENTATIONS
12.1 Consultant represents that the services provided hereunder shall conform to all
requirements of this Agreement and any Task Order issued hereunder, shall be consistent with
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recognized and sound professional practices and procedures common in the industry in which said
services are customarily provided; and shall conform to the customary standards of care, skill, and
diligence appropriate to the nature of the services rendered. Consultant shall perform as
expeditiously as is consistent with professional skill and care and the orderly progress of the services
performed hereunder. Consultant's services shall be consistent with the time periods established
under this Agreement or the applicable Task Order. Consultant shall provide City with a written
schedule for services performed under each Task Order and such schedule shall provide for ample
time for the City to reviews, for the performance of sub -consultants (if any), and for the approval of
submissions by authorities having jurisdiction over the services. The Consultant's designated
representative shall have the authority to act on Consultant's behalf with respect to the services. In
addition, Consultant's representative shall render decisions in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Services. Except with the City's
knowledge and consent, the Consultant shall not engage in any activity, or accept any employment,
interest or contribution that would reasonably appear to compromise the Consultant's professional
judgment with respect to the services. The Consultant shall review laws, codes, and regulations
applicable to Consultant's services. The Consultant's services and design shall comply with all
applicable requirements imposed by all public authorities. The Consultant represents and warrants
that it is familiar with, and accepts that it will perform the services hereunder in a manner that
complies with all applicable requirements of law, codes, and regulations. Consultant shall be
responsible for the professional quality, technical accuracy and the coordination of all plans, studies,
reports and other services furnished to the City under this Agreement whether prepared by
Consultant or any sub -consultant. Unless this Agreement is terminated by the City, or terminated by
Consultant for nonpayment of any proper invoices, or the City exercises its rights to perform the
services pursuant to paragraph 2.5 herein, Consultant shall be responsible for the satisfactory and
complete execution of the services described in this Agreement and any Task Order. The Consultant
represents that it will carefully examine the scope of services required by the City in and Task Order,
that it will investigate the essential requirements of the services required by the Task Order, and that
it will have sufficient personnel, equipment, and material at its disposal top complete the services set
forth in the Task Order in a good professional and workmanlike manner in conformance with the
requirements of this Agreement.
12.2 Consultant represents that all principals, employees, and other personnel furnishing
such services shall be qualified and competent to perform the services assigned to them and that such
guidance given by and the recommendations and performance of such personnel shall reflect their
best professional knowledge and judgment.
13.0 GUARANTEE AGAINST INFRINGEMENT
13.1 Consultant guarantees that all services performed under this Agreement shall be free
from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision
of this Agreement, Consultant shall indemnify, hold harmless, and defend City, its officers, directors,
employees, agents assigns, and servants from and against any and all liability, including expenses,
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legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting
from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding
the foregoing, Consultant may elect to provide non -infringing services.
14.0 DOCUMENTS
14.1 Public Records. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Consultant and its sub -consultants, independent contractors and associates related, directly or
indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or
control of the City or the Consultant. Said record, document, computerized information and
program, audio or video tape, photograph, or other writing of the Consultant is subject to the
provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City's City manager. Upon request by the City, the Consultant shall promptly supply
copies of said public records to the City. All books, cards, registers, receipts, documents, and other
papers in connection with this Agreement shall at any and all reasonable times during the normal
working hours of the Consultant be open and freely exhibited to the City for the purpose of
examination and/or audit.
a. Reuse of Documents. All documents, including but not limited to, drawings,
specifications, and data, or programs stored electronically or otherwise, prepared by the Consultant
and its sub -consultants, independent contractors and associates pursuant to this Agreement or related
exclusively to the services described herein shall be owned by the City and may be reused by the City
for any reason or purpose at anytime. However, the City agrees that the aforesaid documents are not
intended or represented to be suitable for reuse by the City or others on any undertaking other than
the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without
verification or adaptation by the Consultant, or its independent contractors and associates if
necessary, to specific purposes intended will be at the City's sole risk and without liability or legal
exposure to the Consultant.
b. Ownership of Documents. The City and the Consultant agree that upon payment of
fees due to the Consultant by the City for a particular design, report, inventory list, compilation,
drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory
list, compilation, drawing, specification, technical data, recommendation, model, schedule and other
instrument produced by the Consultant in the performance of this Agreement, or any work hereunder,
shall be the sole property of the City, and the City is vested with all rights therein. The Consultant
waives all rights of copyright in said design, report, inventory list, compilation, drawing,
specification, technical data, recommendation, model, schedule and other instrument produced by the
Consultant in the performance of this Agreement, and hereby assigns and conveys the same to the
City whether in the possession or control of the Consultant or not.
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C. Preexisting Ownership Rights to Documents. Notwithstanding any provisions to
the contrary contained in this Agreement, Consultant shall retain sole ownership to its preexisting
information not produced and paid for by the City under this Agreement including, but not limited to
computer programs, software, standard details, figures, templates and specifications.
15.0 ASSIGNMENT
15.1 Consultant shall not assign or subcontract this Agreement, any Task Order hereunder,
or any rights or any monies due or to become due hereunder without the prior, written consent of
City.
15.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Consultant, Consultant shall be fully responsible to City for all acts and/or
omissions performed by the sub -consultant as if no subcontract had been made.
15.3 If City determines that any sub -consultant is not performing in accordance with this
Agreement, City shall so notify Consultant who shall take immediate steps to remedy the situation.
15.4 If any part of this Agreement is subcontracted by Consultant, prior to the
commencement of any work by the sub -consultant, Consultant shall require the sub -consultant to
provide City and its affiliates with insurance coverage as set forth by the City.
16.0 INDEPENDENT CONTRACTOR
16.1 At all times during the term of this Agreement, Consultant shall be considered an
independent contractor and not an employee of the City.
17.0 DEFAULT BY CONSULTANT AND CITY'S REMEDIES
17.1 The City reserves the right to revoke and terminate this Agreement and rescind all
rights and privileges associated with this Agreement, without penalty, in the following
circumstances, each of which shall represent a default and breach of this Agreement:
17.2 Consultant defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within thirty (30) calendar days after written notice
from the City specifying the default complained of, unless, however, the nature of the default is such
that it cannot, in the exercise of reasonable diligence, be remedied within thirty (3 0) calendar days, in
which case the Consultant shall have such time as is reasonably necessary to remedy the default,
provided the Consultant promptly takes and diligently pursues such actions as are necessary
therefore; or
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17.3 Consultant is adjudicated bankrupt or makes any assignment for the benefit of
creditors or Consultant becomes insolvent, or is unable or unwilling to pay its debts; or
17.4 Consultant has acted grossly negligent, as defined by general and applicable law, in
performing the Services hereunder; or
17.5 Consultant has committed any act of fraud upon the City; or
17.6 Consultant has made a material misrepresentation of fact to the City while performing
its obligations under this Agreement.
17.7 Consultant has assigned this Agreement or any Task Order without the City's prior
written consent.
17.8 Notwithstanding the aforementioned, in the event of a default by Consultant, the City
shall have the right to exercise any other remedy the City may have by operation of law, without
limitation, and without any further demand or notice.
18.0 TERMINATION
18.1 Notwithstanding any other provision of this Agreement, City may, upon written notice
to Consultant, terminate this Agreement, without penalty, if. (a) Consultant is in default pursuant to
paragraph 17.0 Default; (b) Consultant makes a general assignment for the benefit of its creditors; (c)
Consultant fails to comply with any condition or provision of this Agreement; or (d) Consultant is
experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance
of this Agreement without prejudice to any other right or remedy City may have under this
Agreement. In addition, either party may terminate for convenience with no penalty at any time upon
thirty (30) days advance written notice. In the event of such termination, City shall be liable only for
the payment of all unpaid charges, determined in accordance with the provisions of this Agreement,
for work properly performed prior to the effective date of termination.
19.0 FORCE MAJEURE
19.1 Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm;
explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates'
generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or
regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the
party affected; provided that prompt notice of such delay is given by such party to the other and each
of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any
circumstance of Force Majeure remains in effect for sixty days, either party may terminate this
Agreement.
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20.0 GOVERNING LAW & VENUE
20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced
in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be
Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida.
21.0 HEADINGS
21.1 Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
22.0 SEVERABILITY
22.1 In the event any portion or part of thereof this Agreement is deemed invalid, against
public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of
the remaining parts of this Agreement shall otherwise by fully enforceable.
23.0 WAIVER AND ELECTION OF REMEDIES
23.1 Waiver by either party of any terms, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall
be binding unless in writing and signed by a duly authorized representative of each party hereto.
24.0 THIRD PARTY RIGHTS
24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than City and Consultant.
25.0 PROHIBITION AGAINST CONTINGENT FEES
25.1 Consultant warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement.
26.0 ENTIRE AGREEMENT
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26.1 This Agreement, including any Task Orders and Schedules, Attachments, Appendix's
and Exhibits attached hereto, constitute the entire agreement between City and Consultant with
respect to the Services specified and all previous representations relative thereto, either written or
oral, are hereby annulled and superseded.
27.0 NO JOINT VENTURE
27.1 Nothing herein shall be deemed to create a joint venture or principal -agent
relationship between the parties, and neither party is authorized to, nor shall either party act toward
third persons or the public in any manner which would indicate any such relationship with the other.
28.0 ATTORNEY'S FEES
28.1 Should either party bring an action to enforce any of the terms of this Agreement,
each party agrees to bear their own attorney's fees and costs.
29.0 COUNTERPARTS
29.1 This Agreement may be executed in any number of counterparts, each of which when
so executed and delivered shall be considered an original agreement; but such counterparts shall
together constitute but one and the same instrument.
30.0 DRAFTING
30.1 City and Consultant each represent that they have both shared equally in drafting this
Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement
in the event of a dispute between the parties.
31.0 NOTICE
31.1 Any notices required to be given by the terms of this Agreement shall be delivered by
hand or mailed, postage prepaid to:
For Consultant:
Architects in Association Rood & Zwick, Inc.
John C. Zwick, Principal
600 Florida Avenue, Suite 202
Cocoa, Florida 32922
(321) 631-8039 Phone
(321) 639-6872 Fax
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For Ci1y:
City of Cape Canaveral
Attention: City Manager
100 Polk Avenue
Cape Canaveral, Florida 32920
(321) 868-1220 Phone
(321) 868-1248 Fax
31.2 Either party may change the notice address by providing the other party written notice
of the change.
32.0 SOVEREIGN IMMUNITY
32.1 It is the City's intension to avail itself of the rights afforded under sovereign
immunity and any other applicable laws imposing limitations on the City potential liability. As such,
notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement
shall be construed as a waiver of the City's right to sovereign immunity under section 768.28,
Florida Statutes, or other limitations imposed on the City's potential liability under state or federal
law_ As such, the City shall not be liable under this Agreement for punitive damages or interest for
the period before judgment. Further, the City shall not be liable for any claim or judgment, or
portion thereof, to any one person for more than one hundred thousand dollars ($200,000.00), or any
claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid
by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds
the sum of two hundred thousand dollars ($300,000.00). This paragraph shall survive termination of
this Agreement.
33.0 CORPORATE REPRESENTATIONS BY CONSULTANT
33.1 Consultant hereby represents and warrants to the City the following:
a. Consultant is duly registered and licensed to do business in the State of Florida and is
in good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned representative of Consultant has the power, authority, and legal right
to execute and deliver this Agreement on behalf of Consultant.
34.0 INDEMNIFICATION AND HOLD HARMLESS
34.1 Consultant shall indemnify and hold harmless the City, and its officers (including its
City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not
Agreement for Design Services
City of Cape Canaveral / Architects RZK, Inc.
21
limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Consultant and other persons employed by the Consultant in
the performance of the Agreement and any Task Order.
34.2 Consultant shall also indemnify and hold harmless the City, and its officers (including
its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by Consultant's breach and caused by
other persons employed by the Consultant in the performance of the Agreement and any Task Order.
34.3 All sub -consultants authorized under this Agreement shall be required to provide the
indemnification required by this paragraph 34 to the City by separate written instrument approved by
the City.
The indemnity provisions set forth in the paragraphs 34.1, 34.2 and 34.3 shall be considered
separate and independent indemnity provisions.
35.0 CONSULTANT'S PERSONNEL AT CONSTRUCTION SITE
35.1 The presence or duties of Consultant's personnel at a construction site, whether as
onsite representatives or otherwise, do not make Consultant or Consultant's personnel in any way
responsible for those duties that belong to City and/or the construction contractors or other entities,
and do not relieve the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all portions of the construction
work in accordance with the applicable construction contract documents and any health or safety
precautions required by such construction work. Consultant and Consultant's personnel have no
authority to exercise any control over any construction contractor or other entity or their employees
in connection with their work or any health or safety precautions and have no duty for inspecting,
noting, observing, correcting, or reporting on health or safety deficiencies of the construction
contractor(s) or other entity or any other persons at the site except Consultant's own personnel. Any
additional efforts by Consultant to rectify problems, errors or conflicts with the contractor shall be
considered an additional service for which will be paid by the City and said payments will then be
deducted by change order from that due the contractor.
35.2 The presence of Consultant's personnel at a construction site is for the purpose of
providing to City a greater degree of confidence that the completed work will conform generally to
the applicable contract documents and that the integrity of the design concept as reflected in the
contract documents has been implemented and preserved by the construction contractor(s).
Consultant neither guarantees the performance of the construction contractor(s) nor assumes
responsibility for construction contractor's failure to perform work in accordance with the contract
documents. For this Agreement only, construction sites include places of manufacture for materials
Agreement for Design Services
City of Cape Canaveral / Architects RZK, Inc.
22
incorporated into the construction work, and construction contractors include manufacturers of
materials incorporated into the construction work.
35.3 Construction observation, certification of payments, and review of shop drawings is a
continuation of services after the design and documentation process, which provides Consultant the
vehicle to help assure the City that the Project is generally constructed in accordance with the intent
of the documents and applicable regulations. Should the City or agent of the City (other than
Consultant) choose to perform the construction observation portion of the project services, the City
agrees to assume all responsibilities related to the completed work without Consultant's
participation. Consultant shall not provide insurance covering any liability for claims or actions
arising from the City or City's agent's performance of construction observation service.
36.0 RECORD DRAWINGS
36.1 Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the project was finally constructed. Consultant is not
responsible for any errors or omissions in the information from others that is incorporated into the
record drawings.
37.0 ADDITIONAL ASSURANCES
37.1 The Consultant for itself and its sub -consultants, if any, certifies that:
a. No principal (which includes officers, directors, or executive) or individual holding a
professional license and performing work under this Agreement is presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from participation in any
architectural activity by any Federal, State, or local governmental commission, department,
corporation, subdivision, or agency;
b. No principal (which includes officers, directors, or executive) or individual holding a
professional license and performing work under this Agreement, employee, or agent has employed or
otherwise provided compensation to, any employee or officer of the City; and;
C. No principal (which includes officers, directors, or executive) or individual holding a
professional license and performing work under this Agreement, employee, or agent has willfully
offered an employee or officer of the City any pecuniary or other benefit with the intent to influence
the employee or officer's official action or judgment.
d. The undersigned is authorized to execute this Agreement on behalf of the Consultant
and said signature shall bind the Consultant to this Agreement. No further action is required by the
Agreement for Design Services
City of Cape Canaveral / Architects RZK, Inc.
23
Consultant to enter into this Agreement other than Consultant's undersigned representative execution
of the Agreement.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their
duly authorized representatives as of the date first written above.
CITY:
CITY OF CAPE CANAVERAL
David L. Greene, City Manager
Date:
ATTEST:
Mia Goforth, CMC, City Clerk
CONSULTANT:
ARCHITECTS RZK, INC.
John C. Zwick, Principal
Date:
Agreement for Design Services
City of Cape Canaveral / Architects RZK, Inc.
24
EXHIBIT "A"
Civil Design and Surveying Services
Project:
The project shall consist of civil design and surveying related to the related to the
redevelopment of Canaveral City Park, specifically Phase I which includes design/construction of a
20,000 sq. ft. Multigenerational Center and associated site work on approximately one (1) acre of
land.
SURVEYING SERVICES...............................................................................................$9,590.00
Consultant will prepare an updated boundary, topographic, tree, and improvement survey of
City owned parcel 24 -37 -23 -CG -P, which is 4.60± acres, and surrounding City streets in compliance
with Chapter 5J-17 F.A.C., pursuant to Chapter 472-026 F.S. sufficient for the design and permitting
of the proposed project. The survey will include the following:
a. Both vertical and horizontal control network will be established from Published
control in the surrounding area. This will be done by performing a site traverse as
well as a bench run from published control. Two (2) project benchmarks will be
established at locations to be determined.
b. Elevations will be obtained over the site as required to establish ground contours on
1.0 foot intervals.
c. Locate all existing improvements within the survey limits, including but not limited
to buildings, paving, drainage facilities, fences, all above ground utilities and any
indication of underground utilities that are visible.
d. The size of the trees located will be in compliance with the City of Cape Canaveral
(City) Ordinances.
CIVIL ENGINEERING SERVCIES:
SITE PLAN DEVELOPMENT....................................................................................$10,600.00
Based on the boundary, topographic, tree, and improvement survey provided by our Survey
Department, and the approved site concept plan, this task will consist of generating a site
plan for the proposed development based on our interpretation of the City of Cape Canaveral
Land Development Regulations and the approved site plan presented the City. The site plan
will include the following:
a. Owner Information
b. Existing Land Uses and Zoning
C. Buildings, Parking, Driveways
d. Required Setbacks, and Stormwater Detention/Retention Areas
e. Sidewalks and roadway improvements
f. Utilities — Water and Sewer
g. Anticipated Regulatory Permits Required
h. Topographic Information
2. The site plan will be forwarded to the City for review and comment. Included in this task are
three (3) rounds of comments and revisions to the site plan.
60% and 90% CIVIL CONSTRUCTION DRAWINGS ...........................................$14,650.00
Based on the site plan development mentioned above, this task will consist of the preparation
of 60% and 90% construction drawings for the proposed development to submit for review
and approval through the City and other regulatory agencies. The plans will be prepared in
accordance with local, state, and federal guidelines and will be suitable for construction and
submittal to agencies for review. This application package will include the following
construction documents:
a. Cover Sheet
b. General Construction Notes
C. Site Plan
d. Erosion Control Plan and Details (SWPPP)
e. Horizontal and Control Plan
f. Signing and Marking Plan and Details
g. Stormwater Management System Design, site specific storm drainage profiles
as part of utility coordination
h. Paving and Grading Design and Details
i. Water Distribution System Design
j. Sanitary Sewer Collection and Transmission Systems, Plan and Profile
k. Demolition Plan
2. These services are based on the assumption that existing potable water and sewer gravity and
force mains are abutting the project area, have enough capacity to serve the site and that no
offsite utility improvements, design, and analysis are required. The plans will reflect the size
of potable water pipe and sewer lines available within the adjacent public R/W.
3. Included in this task are two (2) rounds of comments and revisions to the 60% construction
drawings and one (1) round of comments and revisions to the 90% construction drawings.
PERMITTING.................................................................................................................$4,680.00
1. This task will consist of the preparation and submittal of the following applications for the
City's signature and associated documentation, for subsequent transmittal to the following
agencies:
a. Florida Department of Environmental Protection (FDEP) Notice of Intent to
Use the General Permit for Construction of Water Main Extensions
b. FDEP Notice/Application for Constructing a Domestic Wastewater
Collection/Transmission System
C. NPDES, FDEP NOI — Stormwater Discharge
d. St. Johns River Water Management District (SJRWMD) and/or FDEP —
Environmental Resource Permit
e. City of Cocoa, Utility Construction Permit for potable water
f. City of Cape Canaveral, Tree Removal/Land Clearing Permit
g. City of Cape Canaveral, Utility Construction Permit for sanitary sewer
h. City of Cape Canaveral Site Development Permit
2. Consultant will make required plan modifications and respond to comments generated by the
regulatory agencies. Consultant will also attend applicable agency meetings to ensure timely
project progress. Consultant will act on behalf of the City's best interest as they relate to site
improvements. The City is responsible for all application fees.
PRELIMINARY LANDSCAPE DESIGN.....................................................................$9,500.00
1. This task includes the preparation of a minimum code compliant landscape plan for the
project and submitted to the City as part of the site plan approval process and conceptual
level hardscape design plans. This task includes the following:
a. Attend Kick-off meeting with project team to establish concept direction and
budget
b. Site visit to inventory existing landscape material.
C. Review of pertinent land development codes for the City.
d. Coordination with proposed grading, utility locations, drainage structures,
etc.
e. Preparation of landscape design plans addressing improvements to landscape
and conceptual hardscape designs.
FINAL CONSTRUCTION DRAWINGS......................................................................$2,680.00
1. Based on the 90% construction drawings that have been prepared and applicable changes
outlined in the tasks listed above, this task will consist of the preparation of the final
construction drawings for the proposed development to submit for review and approval
through the City of Cape Canaveral.
MEETINGS AND PUBLIC INVOLVEMENT.............................................................$2,500.00
1. This task will consist of attending meetings as specified below with the project/client team,
City staff, and/or public meetings in support of the development application. Further
meetings shall be provided on an as -needed basis at the hourly rates provided. It is
anticipated that the following formal and informal meetings and presentations will be
required:
a. Project Management: Attend meetings with the Client/Owner to discuss and
review the design documents. Consultant assume that four (4) meetings will
be required for this task.
b. Planning and Zoning Board: One (1) presentation to the P&Z Board.
C. Community Appearance Board: One (1) presentation to the Community
Appearance Board.
d. City of Cape Canaveral City Council: One (1) presentation to the City
Council.
2. All presentation materials will be provided to the Client/Owner for public record purposes.
CONSTRUCTION ADMINSTRATION.....................................................................$11,540.00
Consultant will respond to reasonable and appropriate Contractor requests for information
and issue clarifications and interpretations of the Contract Documents as appropriate to the
orderly completion of Contractor's work. Such work will be performed within two (2)
working days of receipt. Scope performed under this task is estimated to be performed up to
24 hours. Additional time will be billed as an additional service at the contractual hourly
rate.
2. Consultant will make on-site construction observation visits. Site visits to observe
applicable agencies and Contractor is estimated to be performed up to 24 hours. Additional
time will be billed as an additional service at the contractual hourly rate.
3. Consultant will review one (1) round of Shop Drawings and approve or take other
appropriate action with respect to water, sewer, paving and drainage Shop Drawings, and
other data which Contractor is required to submit, but only for conformance with the
information given in the Contract Documents. MOT shall be provided by contractor.
TOTAL PROJECT LUMP SUM FEE ..............................$65,740.00
These services have been described based on the following assumptions and conditions:
A. Any application fees, soil testing fees, printing fees, or express mail charges are a
direct expense to the client and are not a part of this proposal.
B. Unforeseen conditions will be brought to the attention of the client and a change
order will be prepared prior to the continuation of work by AEI.
C. Submittal to reviewing agencies does not guarantee permit issuance.
D. Fee does not include environmental permitting related to wetland, surface water
impacts, or endangered species.
E. Fee does not include a traffic impact study.
F. Fee does not include design for site lighting/electric, gas, water features, or
decorative concrete/pavers.
2
G. Fees are based on the owner/architect providing an updated Boundary and
Topographic Survey provided in autocad format if AEI is not selected as the
Surveyor of Record.
H. An approved site plan shall be provided by the City in autocad format.
I. Any items not listed above will be done on an hourly basis.
If any additional work is required over and above the items previously listed, it will be done
on an hourly basis at the following listed rates.
Engineering Principal $150.00 per hour
Registered Surveyor 120.00 per hour
Project Manager 125.00 per hour
Survey Crew 140.00 per hour
Senior Engineer 120.00 per hour
Engineer 90.00 per hour
CAD Technician 90.00 per hour
CAD Specialist 70.00 per hour
Administrative Technician 55.00 per hour
5
EXHIBIT
B
ATTACHMENT- ADDITIONAL SERVICES NOT PRESENTLY PART OF THE BASIC
SERVICES FOR THE CITY OF CAPE CANAVERAL (P991)
Testing Services (Soils, Fire Hydrant Flows, Hazardous Materials (Asbestos or Lead Based Paint) etc. which
can be secured from firms who specialize in same. Design Professionals will review the and follow the
recommendations within tests reports if provided by the owner. In the absence of soils testing the structural
design will be based on an assumed safe bearing pressure of 2,000 psf unless the client secures the
services of a soils engineering lab to determine the allowable safe bearing pressure.
2. Foundation design(s) for specialty foundations such as mat foundations or similar such complex systems.
3. Security System Design (electrical) although identifying locations of access control devices and CCN
(provided by others) is included in base fee.
4. Design of building graphics, signage, etc. other than code required informational signage.
5. Design of specialty electrical systems, including but not limited to: low voltage systems, specialty lighting,
audio/visual, video conference system, telephone/data/video and paging / PA (design of empty conduit
systems is included).
6. Detailed acoustical design.
7. Design of any water based or other fire suppression system other than to include the design of same to be
performed / provided by a specialty engineer similar to the engineering provided by a wood truss company.
8. Construction site visits or attendance at design review meetings in excess of visits as defined in our Base
Scope of Services proposal.
9. Threshold Buildings Inspections.
10. Value Engineering meetings and subsequent engineering or design revisions to incorporate value
engineering items into the drawings after construction documents have been completed.
11. Design related to revisions with the building program, design philosophy or plans after accepted reviews.
12. Document reproduction beyond those required for in-house coordination and client meetings.
13. Design of site features and amenities outside of building footprint and not directly attached to the building.
14. Development of 'as -built' or record drawings.
15. Detailed cost estimating services.
16. Commissioning of Building Systems (HVAC, Fire Alarm, etc.)
17. Sustainability (Green Building) Design verification or certification involvement.
18. Circuit Breakers (electrical) coordination study
19. Material life cycle analysis studies.
20. Building Modeling for (HVAC).
21. Renderings or 3D appearance model studies
22. Services as an Expert Witness cr Representation in matters of a legal nature regarding the project.
23. Warranty related inspections.
600 Florida Avenue, Suite 201 e Cocoa, Florida 32922 c Office: (321) 631-8039 Fax: (321) 639-6872
AA cou1568
[CITY SEAL] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 03/20/2018
Item No. 5
Subject: Approve granting a Conservation Easement to St. Johns River Water Management
District for a portion of the City -owned property at the western end of Long Point Road and
authorize the City Manager to execute the related permit application as co -permittee and Deed
of Conservation Easement and Permanent Access- Easement for same.
Summary. The City -owned property located at the western end of Long Point Road consists of
approximately 7.9 acres including 4.8 acres of forested wetlands and 3.1 acres of mangrove
swamp and represents one of the last natural habitat areas within the City limits (see Project
Location Map in Attachment #1). However, the property is approximately 70%-80% covered
with non-native plant species (primarily Brazilian pepper trees) which will continue to displace
native plant species on the property if eradication activities are not performed (i.e., the
percentage of natural habitat on the property will continue to decline). Eradication of these non-
native plant species and the planting of new vegetation will restore the property to its native
habitat thus providing critical habitat for bird species including heron, ibis, spoonbill, osprey,
brown pelican and sea gull. Other animal species observed on the property include alligator,
raccoon, gopher tortoise and numerous snake and turtle species.
Project History/Description. The City applied for and was awarded a grant in 2007 through
the Estuary Habitat Restoration Program administered by the US Army Corps of Engineers
(USACOE) with the intention of eradicating non-native plant species and the planting of new
vegetation to restore the property to its native habitat. The grant is a 65%-35% match and
includes USACOE funding of $114,000 with a City match of $76,000. In preparation for the
site work with USACOE, the City was approached by a local developer about using the property
to obtain mitigation credits. The developer is apparently constructing a small subdivision in
Cocoa, Florida, and will be filling jurisdictional wetlands and has proposed clear -cutting
approximately one-half of the City property (4.0 acres) and replanting the property with native
species to obtain the mitigation credits with St. Johns River Water Management District
(SJRWMD). The developer will perform the clear -cutting and replanting at the developer's
expense.
To take part in the developer's proposal, the City will be required to be a co -permittee on the
developer's SJRWMD wetland mitigation permit because the City will have to commit to grant
to SJRWMD a future public conservation easement over the referenced 4.0 acre portion of the
property clear-cut and replanted by the developer (see Restoration Plan Map in Attachment #1).
The City will then clear-cut the remaining acreage (<4.0 acres) and replant native species to
complete the project with the USACOE funding 65% of the project costs. Considering available
grant/City funds and estimated project costs, this approach to improving the property is a win-
win for all parties involved. From the City's perspective, the City will be able to restore the
entire property to a more native condition sooner than anticipated at a much lower cost to the
City since much of the work will be paid for by the USACOE grant and the developer. The form
of the proposed Conservation Easement documents is included in Attachment #2, and is subject
to final technical revisions by the City Attorney.
To limit project costs and complete the work in a timely manner, the City will contract with the
developer's contractor so that proposed tasks on all 7.9 acres can be completed in a single
City Council Meeting Date: 03/20/2018
Item No. 5
Page 2 of 2
mobilization. If Council approves this Agenda Item, the contract will be prepared by the City
Attorney for the City Manager's approval and execution before the developer's contractor is
permitted to commence work on the City's property. To perform the work, the property will be
accessed through the end of Long Point Road. Equipment will be mobilized and used to clear-
cut the entire property of non-native trees and shrubs; native trees and shrubs will remain. All
vegetative debris will be mulched for spreading onsite - no offsite disposal of vegetation will be
required. Contractor personnel will then treat the remaining stumps of all non-native plant
species with commercially available herbicide (Roundup and/or Pathfinder). It is anticipated
that two herbicide treatments will be required to completely eradicate the non-native plant
species. Upon completion of the treatment activities, selected native trees/shrubs and mangroves
(Rhizophola mangle) will be planted to restore the property to a coastal habitat. The City may
also consider the future construction of an educational boardwalk (and other park facilities) on
the property, which would provide educational opportunities to the public and provide public
access to the Banana River. Possible future property improvements are shown on the Restoration
Plan Map included in Attachment # 1.
Staff and City Attorney have been working closely with the developer's engineer and SJRWMD
to locate the proposed conservation area such that it will not interfere with the City's future plans
for the subject property. Further, the Conservation Easement is being prepared in a form that
will permit the City's future plans for the subject property.
Staff recommends approving the Conservation Easement on the Long Point Road property,
subject to any final technical revisions required by the City Attorney prior to execution/delivery
by the City, and authorizing the execution of the Deed of Conservation Easement and Permanent
Access Easement with SJRWMD.
Submitting Department Director: Jeff Ratliff Date: 3/12/18
Attachments:
#I —Project Maps
#2 — Deed of Conservation Easement and Permanent Access Easement w/SJRWMD
Financial Impact: $190,000 to fund a Conservation Easement to St. Johns River Water
Management District for a portion of the City -owned property at the western end of Long Point
Road. $114,00 funded by the USACOE and $76,000 funded by the City's General Fund. Staff
time and effort to complete this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 3/12/18
The City Manager recommends that City Council take the following action : Approve
granting a Conservation Easement to St. Johns River Water Management District for a portion
of the City -owned property at the western end of Long Point Road and authorize the City
Manager to execute the related permit application as co-permittee and Deed of Conservation
Easement and Permanent Access Easement for same.
Approved by City Manager: David L. Greene Date: 3/12/18
Attachment #1
Project Maps
Project Location
[map]
[map]
Attachment #2
• Deed of Conservation Easement
• Permanent Access Easement
w/SJRWMD
Prepared by:
BKI. Inc. Consulting Ecologists
225 Fifth Ave. Suite 2
Indialantic, Florida 32903
Return original or certified recorded document to:
St. Johns River Water Management District
4049 Reid Street
Palatka, FL 32177
THIS DEED OF CONSERVATION EASEMENT is given this day of
20 , by the City of Cape Canaveral ("Grantor") whose address is 105 Polk Avenue
Cape Canaveral, FL 32920 to St. Johns River Water Management District ("Grantee"). As used herein, the
term "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and all subsequent
owners of the "Conservation Easement Area" (as hereinafter defined) and the term "Grantee" shall include
any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the fee simple owner of certain lands situated in Brevard County, Florida,
and more specifically described on the location map in Exhibit "A" attached hereto and incorporated herein
(the "Property"); and
WHEREAS, Permit No. 130146-2 ("Permit") and any modifications thereto issued by the Grantee
authorizes certain activities which could affect wetlands or other surface waters in or of the State of Florida;
and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit or other good and
valuable consideration provided to Grantor, is agreeable to granting and securing to the Grantee a
perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (F.S.), over the area of the
Property described on Exhibit "B" ("Conservation Easement Area"); and
WHEREAS, Grantor grants this Conservation Easement as a condition of the Permit, solely to off -set
or prevent adverse impacts to natural resources, fish and wildlife, and wetland functions; and
WHEREAS, Grantor desires to preserve the Conservation Easement Area in perpetuity in its natural
condition, or, in accordance with the Permit, in an enhanced, restored, or created condition; and
NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the
permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and
valuable consideration provided to the Grantor, the adequacy and receipt of which are hereby
acknowledged, Grantor hereby voluntarily grants, creates, conveys, and establishes a perpetual
Conservation Easement for and in favor of the Grantee upon the area of the Property described on
Exhibit "B" which shall run with the land and be binding upon the Grantor, and shall remain in full force
and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in
their existing, natural, vegetative, hydrologic, scenic, open or wooded condition and to retain such areas as
suitable habitat for fish, plants, or wildlife in accordance with Section 704.06, F.S. Those wetland and upland
Form 62-330.301(8) — Deed of Conservation Easement - Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMD] Page 1 of 8
areas included in this Conservation Easement which are to be preserved, enhanced, restored, or created
pursuant to the Permit (or any modification thereto) and any Management Plan attached hereto as Exhibit "C"
("Management Plan") which has been approved in writing by the Grantee, shall be retained and maintained in
the preserved, enhanced, restored, or created condition required by the Permit (or any modification thereto).
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Conservation Easement Area at reasonable times with any
necessary equipment or vehicles to inspect, determine compliance with the covenants and prohibitions
contained in this easement, and to enforce the rights herein granted in a manner that will not unreasonably
interfere with the use and quiet enjoyment of the Conservation Easement Area by Grantor at the time of such
entry; and
b. To proceed at law or in equity to enforce the provision of this Conservation
Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities
set forth herein, and to require the restoration of such areas or features of the Conservation Easement
Area that may be damaged by any activity or use that is inconsistent with this Conservation Easement.
3. Prohibited Uses. Except for activities that are permitted or required by the Permit (or any
modification thereto) (which may include restoration, creation, enhancement, maintenance, and
monitoring activities, or surface water management improvements) or other activities described herein or
in the Management Plan (if any), any activity on or use of the Conservation Easement area inconsistent
with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the
foregoing, the following activities are expressly prohibited in or on the Conservation Easement area:
a. Construction or placing of buildings, roads, signs, billboards or other advertising,
utilities, or other structures on or above the ground except for the boardwalk noted in the Grantor's
Reserved Rights secton;
b. Dumping or placing of soil or other substance or material as landfill, or dumping or
placing of trash, waste, or unsightly or offensive materials;
C. Removing, destroying or trimming trees, shrubs, or other vegetation, except:
i. The removal of dead trees and shrubs or leaning trees that could cause
damage property is authorized;
ii. The destruction and removal of noxious, nuisance or exotic invasive plant
species as listed on the most recent Florida Exotic Pest Plant Council's List of Invasive Species is authorized;
iii. Activities authorized by the Permit or described in the Management Plan or
otherwise approved in writing by the Grantee are authorized; and
iv. Activities conducted in accordance with a wildfire mitigation plan developed
with the Florida Forest Service that has been approved in writing by the Grantee are authorized. No later
than thirty (30) days before commencing any activities to implement the approved wildfire mitigation plan,
Grantor shall notify the Grantee in writing of its intent to commence such activities. All such activities may
only be completed during the time period for which the Grantee approved the plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to remain in its
natural, restored, enhanced, or created condition;
Form 62-330.301(8) — Deed of Conservation Easement - Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
(Revised to specify SJRWMDJ Page 2 of 8
f. Activities detrimental to drainage, flood control, water conservation, erosion control,
soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking,
clearing, and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water areas;
and
h. Acts or uses which are detrimental to the preservation of the structural integrity or
physical appearance of sites or properties having historical, archaeological, or cultural significance.
4. Grantor's Reserved Rights. Grantor reserves all rights as owner of the Conservation
Easement Area, including the right to engage or to permit or invite others to engage in all uses of the
Conservation Easement Area that are not prohibited herein and which are not inconsistent with the Permit
(or any modification thereto), Management Plan, or the intent and purposes of this Conservation
Easement. The Grantor specifically reserves the right to construct a boardwalk of no greater than six feet
in width from the east side of the conservation area to the west side of the conservation area.
5. No Dedication. No right of access by the general public to any portion of the
Conservation Easement Area is conveyed by this Conservation Easement.
6. Grantee's Liability. Grantee's liability is limited as provided in Subsection 704.06(10) and
Section 768.28, F.S. Additionally, Grantee shall not be responsible for any costs or liabilities related to
the operation, upkeep, or maintenance of the Conservation Easement Area.
7. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to
exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or
construed to be a waiver of Grantee's rights hereunder. Grantee shall not be obligated to Grantor, or to
any other person or entity, to enforce the provisions of this Conservation Easement.
8. Taxes. When perpetual maintenance is required by the Permit, Grantor shall pay before
delinquency any and all taxes, assessments, fees, and charges of whatever description levied on or
assessed by competent authority on the Conservation Easement Area, and shall furnish the Grantee with
satisfactory evidence of payment upon request.
9. Assignment. Grantee will hold this Conservation Easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to
another organization or entity qualified to hold such interests under the applicable state laws.
10. Severability. If any provision of this Conservation Easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation
Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is
preserved.
11. Terms and Restrictions. Grantor shall insert the terms and restrictions of this
Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself
of any interest in the Conservation Easement.
12. Written Notice. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail, return receipt
requested, addressed to the appropriate party or successor -in -interest.
13. Modifications. This Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto or their heirs, assigns or
successors -in -interest, which shall be filed in the public records in
County, Florida.
Form 62-330.301(8) — Deed of Conservation Easement - Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMD] Page 3 of 8
14. Recordation. Grantor shall record this Conservation Easement in timely fashion in the
Official Records of Brevard County, Florida, and shall rerecord it at any time Grantee may require to
preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation
Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes
necessary to record this Conservation Easement in the public records.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and
purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a
servitude running in perpetuity with the Conservation Easement Area.
Grantor hereby covenants with Grantee that Grantor is lawfully seized of said Conservation
Easement Area in fee simple; that the Conservation Easement is free and clear of all encumbrances that are
inconsistent with the terms of this Conservation Easement; all mortgages and liens on the Conservation
Easement area, if any, have been subordinated to this Conservation Easement; that Grantor has good right
and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends
record title to the Conservation Easement Area hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the City of Cape Canaveral ("Grantor") has hereunto set its authorized
hand this day of , 20
City of Cape Canaveral
By:
(Signature)
Name: David L. Greene
(Print)
Title: City Manager
Signed, sealed and delivered in our presence as witnesses:
By:
(Signature)
Name:
(Print)
STATE OF FLORIDA
COUNTY OF
By:
(Signature)
Name:
(Print)
On this _ day of 20 , before me, the undersigned notary public, personally
appeared , the person who subscribed to the
foregoing instrument, as the (title), of
❑ (corporation), a Florida corporation, or ❑
(choose one) and acknowledged that he/she executed the same on behalf of said ❑
Form 62-330.301(8) — Deed of Conservation Easement - Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1. 2013)
[Revised to specify SJRWMD) Page 4 of 8
corporation, or ❑ (choose one) and the he/she was duly authorized to do
so. He/She is personally known to me or has produced a (state)
driver's license as identification.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
(Signature)
(Name)
My Commission Expires:
Form 62-330.301(8) — Deed of Conservation Easement - Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMD] Page 5 of 8
EXHIBIT A
Form 62-330.301(8) — Deed of Conservation Easement - Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMD] Page 6 of 8
EXHIBIT B
Form 62-330.301(8) — Deed of Conservation Easement - Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMD] Page 7 of 8
EXHIBIT C
The co -permittee will be responsible for the removal of exotic and nuisance vegetation as
defined by the Florida Exotic Pest Plant Council's 2013 Invasive Species List. Maintenance will
be conducted, as necessary to maintain such species at less than 5 percent coverage, for a
period of 25 years from date of permit issuance and will use appropriate methods of control
that include, but are not limited to, cutting, mowing, chemical treatment, hand removal, or any
combination thereof.
The personnel implementing this work will be qualified to identify exotic and nuisance species.
In addition, they should be qualified to recognize key protected species that occur in the local
area in order to avoid damage to these species. Exotic plant removal will be performed to
minimize damage to non -target sensitive vegetation.
The Grantor reserves unto itself, and its successors and assigns, all rights, accruing from its
ownership of the Property, including the right to engage in or permit or invite others to engage
in all uses of the Property that are not expressly prohibited herein and are not inconsistent with
the purpose of this Conservation Easement.
Form 62-330.301(8) — Deed of Conservation Easement - Standard
Incorporated by reference in paragraph 62-330.301(6)(a), F.A.C. (October 1, 2013)
[Revised to specify SJRWMD) Page 8 of 8
PERMANENT ACCESS EASEMENT
Return original or certified recorded document to:
St. Johns River Water Management District
525 525 Community College Parkway, S.E.
Palm Bay. Florida 32909
THIS EASEMENT is givers this day of , 20 _'by the
Cite of Cape Canaveral ("Grantor'). whose mailing address is P.O. Box 326, Cane Canaveral. FL 32920,
to St. Johns River Water Management District ("Grantee*'). As used herein. the term "Grantor' shall include
any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "'Property" (as
hereinafter defined) and the teen "Grantee"" shall include any successor or assignee of Grantee.
V4'ITNESSETH
WHEREAS, Grantor is the fee simple owner of certain lands situated in Brevard County, Florida,
and more specifically described in Exhibit "A" attached hereto and incorporated herein (the "Property"); and
WHEREAS, Grantor has agreed to grant and convey to Grantee, a permanent non-exclusive access
easement over, on, upon, and across the Property for the specific and limited purposes set forth herein.
NOW, THEREFORE, in consideration of Clic mutual covenants, promises, terms and conditions
set forth herein, together with other good and valuable consideration provided to Grantor, the adequacy
and receipt of which are hereby acknowledged. Grantor hereby voluntarily grants. creates, conveys, and
establishes a perpetual casernent for and in favor of Grantee upon the Propert. described on Exhibit "A"
which shall run with the land and be binding upon the Grantor.
The scope, nature, and character of this Easement shall be as follows:
I. Recitals. The recitals herein are true and correct and are hereby incorporated into and made
a part of this Easement.
2. Purpose. It is the purpose of this basement to stent a pcnmanem non-exclusive access
easement over, ora, upon, and across the Property far the purpose of vehicular and pedestrian ingress and
egress to and from certain real property and related appurtenances in the vicinity of the Property.
3. No Dedication. No right of access by the general public to any portion of the Property is
conveyed by this Easement.
4. Grantee's Liability. Grantee's liability is limited as provided in Subsection 701.06(10)
and Section 768.28, F.S. Additionally, Grantee shall not be responsible for any costs or liabilities related
to the operation, upkeep, or maintenance of this Easement.
Form 62-330.301(17) — Permanent Access Easement
Incorporated by reference in paragraph 62-330.301(6)8), F.A.C. (Effective Date) Page 1 of 2
5. Duration. This Easement shall remain in full force and effect in perpetuity.
6. Modification. This Easement may be amended, altered, released or revoked only by
written agreement between the parties hereto or their heirs, assigns or successors -in -interest, which shall
be filed in the public records in Brevard County, Florida.
IN WITNESS WHEREOF, ("Grantor") has
hereunto set its authorized hand this
day of . 20_
0 A Florida corporation or 0 (choose one)
By:
(Signature)
Name: David L. Greene
(Print)
Title: City Manager
Signed, sealed and delivered in our presence as witnesses:
By: By:
(Signature) (Signature)
Name: Name:
(Print) (Print)
STATE OF FLORIDA
COUNTY OF Brevard
On this . day of , 20_, before me, the undersigned notary public, personally
appeared , the person who subscribed to the
foregoing instrument, as the (title), of
0 (corporation), a Florida corporation, or 0
(choose one) and acknowledged that he/she executed the same on behalf of said ❑ corporation,
or ❑ (choose one) and the he/she was duly authorized to do so. He/She is
personally known to me or has produced a (state) driver's license
as identification.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
(Signature)
(Name)
My Commission Expires:
Form 62-330.301(17) — Permanent Access Easement
Incorporated by reference in paragraph 62-330.301(6)(J), F.A.C. (Effective Date) Page 2 of 2
[CITY SEAL] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 3/20/2018
Item No. 6
Subject: Ordinance No. 02-2018; providing Code amendments related to the Sergeant at Arms;
providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the
Code, severability and an effective date, first reading.
Departments: Community Engagement
Summary: On 2/23/2018, City Council Member Wes Morrison showed support to the City
Manager via email for Cape Canaveral's Precinct Commander, Linda Moros, of Brevard County
Sheriff s Office, to review the chamber hall meeting room safety basics before the next Regular
City Council meeting on 3/20/2018. To fulfill City Council Member Morrison's request, the
current Sergeant at Arms Policy has been reviewed by the City Attorney, City Manager and
Public Safety Team, consisting of Brevard County Sheriff's Office and Canaveral Fire Rescue
personnel.
The City has followed a long tradition of government deliberative bodies having a sergeant at
arms present at various public meetings held by the City Council and other City Boards and
Committees for purposes of keeping order and security at its meetings. It is established legal
practice that documents relating directly to the physical security of the facility or revealing
security system plans such as city building plans, surveys, blueprints, threat response plans,
schematic diagrams, security training, sheltering arrangements, emergency evacuation plans,
recommendations or consultations be deemed confidential and exempt from public records
pursuant to section 119.071 (3), Florida Statutes (Attachment 1) and s. 24(a) Art. I of the State
Constitution. Additionally, any council meeting, or portion thereof, at which security system
plans will be revealed or discussed shall be conducted in a confidential manner and closed to
the public pursuant to section 286.0113 (1), Florida Statutes (Attachment 2) and s. 24(b) Art. I
of the State Constitution. The current Sergeant at Arms Policy reads:
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.
(Code 1981, § 271.12)
After review, the current Policy was found to be adequate, but with the recent change in meeting
venue, all would agree that there is room for improvement to create a more substantial, and
expanded version of the Sergeant at Arms Policy. There is an established process of Staff
research, consultant and City Council Member input that goes into Administrative Policy
changes, similar to this. In this case, City Council Member Morrison also submitted his own
language regarding updates to the Sergeant at Arms Policy to the City Manager via email on
3/8/2018 (Attachment 3). City Council Member Morrison's suggested Sergeant at Arms Policy
changes:
City Council Meeting
Date: 03/20/2018
Item No. 6
Page 2 of 3
Proposed Language for Ordinance Sec 2-63 on March 20, 2018 City Council
Meeting Sec. 2-63. - Sergeant at arms.
(a.) 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.
(b.) The sergeant at arms shall have discretion to position themselves in the room
where they determine to ensure the safety and security of the council meeting for the
public, council and staff.
(c.) The sergeant at arms is responsible for conducting a minimum of one training
per year individually or as a group and or when one of the following events occurs:
1.) A new facility is being utilized to hold a public meeting.
2.) A new member of the council or staff has been appointed, elected or hired
and required to attend meetings.
3.) Upon request of the Sergeant at arms, City Council or City Manager.
(Code 1981, § 271.12)
After reviewing the submitted language, the Public Safety Team, City Manager and City
Attorney found it to be unrepresentative of all City Boards and Committees and generally
inadequate as a measure to ensure the safety of City Council, Board and Committee Members,
City Staff and members of the public. With input from the Public Safety Team, City Manager
and City Attorney, it has been determined that the following changes are in the best interest of
Council Members, all Boards and Committees, City Staff and members of the public:
• The Sergeant at Arms shall be the Cape Canaveral Precinct Commander of the
Brevard County Sheriff's Office and such other Sheriff's officers designated by the
Precinct Commander.
• The Sergeant at Arms will be present at and during all Council, Board and
Committee meetings unless attendance is otherwise excused by the City Council,
City Manager or Board or Committee prior to or during a specific meeting. This
expanded Sergeant at Arms Policy will encompass not only City Council meetings,
but the other 8 volunteer advisory boards (Board of Adjustment, Business and
Economic Development Board, Code Enforcement Board, Community Appearance
Board, Construction Board of Adjustment & Appeals, Culture and Leisure Services
Board, Library Board and Planning and Zoning Board) comprised of 56 members
(with no board vacancies) and approximately 25 members of necessary support
staff to include board secretaries, directors and code enforcement officers.
• The Sergeant at Arms and City Manager shall be responsible for developing
security system plans for City Council meetings and all other Boards and
Committees. The provisions of Section 2-63(3) and (4) of the City Code deeming
security system plans confidential and exempt from public records disclosure
previously mentioned shall be applicable.
• In addition, the Sergeant at Arms will conduct one private annual training session
for necessary City Staff, City Council, Board and Committee members in the
presence of the City Attorney. City Council, Board and Committee members and
City Council Meeting
Date: 03/20/2018
Item No. 6
Page 3 of 3
Staff that are appointed/hired between training sessions shall be individually
briefed on the Sergeant at Arms Policy by the appropriate Director until the
following annual private training session can be attended.
• The City Manager, City Council and Sergeant at Arms have the right to call for
additional training sessions should it be deemed necessary.
Let there be no mistake, the safety and security of all those involved with City Council, Board
and Committee meetings, in these challenging times, is paramount to the Public Safety Team,
City Manager and City Attorney.
Submitting Department Director: Joshua Surprenant Date: 3/13/18
Attachments:
(1) Florida Statute 119.071(3)
(2) Florida Statute 286.0113 (1)
(3) City Council Members Morrison's Proposed Language for City Code Sec. 2-63
(4) Ordinance No. 02-2018
Financial Impact: Cost to advertise the Ordinance in the legal section of Florida
preparation of the Agenda Item.
Reviewed by Administrative/Financial 3113
Services Director: John DeLeo Date: 3/13/18
Today and
The City Manager recommends that City Council e the following action:
Approve Ordinance No. 02-2018 on first reading. nn
Approved by City Manager: David L. Greene Date: 3/13/18
ATTACHMENT 1
Florida Statute 119.071(3)
(3) SECURITY.—
(a)1. As used in this paragraph, the term "security system plan" includes all:
a. Records, information, photographs, audio and visual presentations, schematic diagrams, surveys,
recommendations, or consultations or portions thereof relating directly to the physical security of the
facility or revealing security systems;
b. Threat assessments conducted by any agency or any private entity;
c. Threat response plans;
d. Emergency evacuation plans;
e. Sheltering arrangements; or
f. Manuals for security personnel, emergency equipment, or security training.
2. A security system plan or portion thereof for:
a. Any property owned by or leased to the state or any of its political subdivisions; or
b. Any privately owned or leased property
held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution. This exemption is remedial in nature, and it is the intent of the Legislature that this
exemption apply to security system plans held by an agency before, on, or after the effective date of
this paragraph.
3. Information made confidential and exempt by this paragraph may be disclosed:
a. To the property owner or leaseholder;
b. In furtherance of the official duties and responsibilities of the agency holding the information;
c. To another local, state, or federal agency in furtherance of that agency's official duties and
responsibilities; or
d. Upon a showing of good cause before a court of competent jurisdiction.
(b)1. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary,
and final formats, which depict the internal layout and structural elements of a building, arena,
stadium, water treatment facility, or other structure owned or operated by an agency are exempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. This exemption applies to building plans, blueprints, schematic drawings, and diagrams,
including draft, preliminary, and final formats, which depict the internal layout and structural
elements of a building, arena, stadium, water treatment facility, or other structure owned or operated
by an agency before, on, or after the effective date of this act.
3. Information made exempt by this paragraph may be disclosed:
a. To another governmental entity if disclosure is necessary for the receiving entity to perform its
duties and responsibilities;
b. To a licensed architect, engineer, or contractor who is performing work on or related to the
building, arena, stadium, water treatment facility, or other structure owned or operated by an agency;
or
c. Upon a showing of good cause before a court of competent jurisdiction.
4. The entities or persons receiving such information shall maintain the exempt status of the
information.
(c)1. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary,
and final formats, which depict the internal layout or structural elements of an attractions and
recreation facility, entertainment or resort complex, industrial complex, retail and service
development, office development, or hotel or motel development, which records are held by an agency
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. This exemption applies to any such records held by an agency before, on, or after the effective
date of this act.
3. Information made exempt by this paragraph may be disclosed to another governmental entity if
disclosure is necessary for the receiving entity to perform its duties and responsibilities; to the owner
or owners of the structure in question or the owner's legal representative; or upon a showing of good
cause before a court of competent jurisdiction.
4. This paragraph does not apply to comprehensive plans or site plans, or amendments thereto,
which are submitted for approval or which have been approved under local land development
regulations, local zoning regulations, or development -of -regional -impact review.
5. As used in this paragraph, the term:
a. "Attractions and recreation facility" means any sports, entertainment, amusement, or recreation
facility, including, but not limited to, a sports arena, stadium, racetrack, tourist attraction,
amusement park, or pari-mutuel facility that:
(1) For single -performance facilities:
(A) Provides single -performance facilities; or
(B) Provides more than 10,000 permanent seats for spectators.
(11) For serial -performance facilities:
(A) Provides parking spaces for more than 1,000 motor vehicles; or
(B) Provides more than 4,000 permanent seats for spectators.
b. "Entertainment or resort complex" means a theme park comprised of at least 25 acres of land
with permanent exhibitions and a variety of recreational activities, which has at least 1 million visitors
annually who pay admission fees thereto, together with any lodging, dining, and recreational facilities
located adjacent to, contiguous to, or in close proximity to the theme park, as long as the owners or
operators of the theme park, or a parent or related company or subsidiary thereof, has an equity
interest in the lodging, dining, or recreational facilities or is in privity therewith. Close proximity
includes an area within a 5 -mile radius of the theme park complex.
c. "Industrial complex" means any industrial, manufacturing, processing, distribution, warehousing,
or wholesale facility or plant, as well as accessory uses and structures, under common ownership that:
(I) Provides onsite parking for more than 250 motor vehicles;
(II) Encompasses 500,000 square feet or more of gross floor area; or
(III) Occupies a site of 100 acres or more, but excluding wholesale facilities or plants that primarily
serve or deal onsite with the general public.
d. "Retail and service development" means any retail, service, or wholesale business establishment
or group of establishments which deals primarily with the general public onsite and is operated under
one common property ownership, development plan, or management that:
(I) Encompasses more than 400,000 square feet of gross floor area; or
(II) Provides parking spaces for more than 2,500 motor vehicles.
e. "Office development" means any office building or park operated under common ownership,
development plan, or management that encompasses 300,000 or more square feet of gross floor area.
f. "Hotel or motel development" means any hotel or motel development that accommodates 350 or
more units.
ATTACHMENT 2
Florida Statute 286.0113(1)
286.0113 General exemptions from public meetings.—
(1) That portion of a meeting that would reveal a security system plan or portion thereof made
confidential and exempt by s. 119.071(3)(a) is exempt from s. 286.011 and s. 24(b), Art. I of the State
Constitution.
(2)(a) For purposes of this subsection:
1. "Competitive solicitation" means the process of requesting and receiving sealed bids, proposals,
or replies in accordance with the terms of a competitive process, regardless of the method of
procurement.
2. "Team" means a group of members established by an agency for the purpose of conducting
negotiations as part of a competitive solicitation.
(b)1. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a
competitive solicitation, at which a vendor makes an oral presentation as part of a competitive
solicitation, or at which a vendor answers questions as part of a competitive solicitation is exempt from
s. 286.011 and s. 24(b), Art. I of the State Constitution.
2. Any portion of a team meeting at which negotiation strategies are discussed is exempt from
s. 286.011 and s. 24(b), Art. I of the State Constitution.
(c)1. A complete recording shall be made of any portion of an exempt meeting. No portion of the
exempt meeting may be held off the record.
2. The recording of, and any records presented at, the exempt meeting are exempt from
s.119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice
of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever
occurs earlier.
3. If the agency rejects all bids, proposals, or replies and concurrently provides notice of its intent
to reissue a competitive solicitation, the recording and any records presented at the exempt meeting
remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the
agency provides notice of an intended decision concerning the reissued competitive solicitation or until
the agency withdraws the reissued competitive solicitation. A recording and any records presented at
an exempt meeting are not exempt for longer than 12 months after the initial agency notice rejecting
all bids, proposals, or replies.
History.—s. 2, ch. 2001-361; s. 44, ch. 2005-251; s. 2, ch. 2006-158; s. 2, ch. 2006-284; s. 13, ch. 2010-151; s. 2, ch.
2011-140; s. 2, ch. 2016-49.
ATTACHMENT 3
Proposed Lamune for Ordinance Sec 2-63 on March 20, 2018 City Council Meeting
Sec. 2-63. - Sergeant at arms.
(a.) 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.
(b) The sergeant at arms shall have discretion to position themselves in the room where
they determine to ensure the safety and security of the council meeting for the public, council
and staff.
(c) The sergeant at arms is responsible for conducting a minimum of one training per year
individually or as a group and or when one of the following events occurs:
1.) A new facility is being utilized to hold a public meeting.
2.) A new member of the council or staff has been appointed, elected or hired and
required to attend meetings.
3.) Upon request of the Sergeant at arms, City Council or City Manager.
(Code 1981, § 271.12)
ATTACHMENT 4
1 ORDINANCE NO. 02-2018
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 PROVIDING CODE AMENDMENTS RELATED TO THE
6 SERGEANT AT ARMS;PROVIDING FOR THE REPEAL OF
7 PRIOR INCONSISTENT ORDINANCES AND
8 RESOLUTIONS, INCORPORATION INTO THE CODE,
9 SEVERABILITY AND AN EFFECTIVE DATE.
10
11 WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
13 law; and
14
15 WHEREAS, the safety of elected and appointed City officials, City employees and
16 members of the public at City Council meetings and other City board or committee meetings are
17 of utmost concern for the City Council, City Manager and the City's Public Safety Team; and
18
19 WHEREAS, the City has followed a long tradition of government deliberative bodies of
20 having a sergeant at arms present at various public meetings held by the City Council and other
21 City boards and committees for purposes of keeping order and security at its meetings; and
22
23 WHEREAS, the City Council desires to clarify its basic policy set forth in the City Code
24 regarding the role of the sergeant at arms and other City officials at public board meetings
25 conducted by the City; and
26
27 WHEREAS, the City Council acknowledges that for the safety and security of the
28 aforesaid elected and appointed City officials, City employees and members of the public,the City
29 Council desires only to express herein a basic policy related to the sergeant at arms with the
30 understanding and recognition that Florida law deems local government security system plans, and
31 meetings revealing such plans, confidential and exempt from public records disclosure and public
32 meeting laws; and
33
34 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
35 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
36 Canaveral.
37
38 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
39 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
40
41 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
42 by this reference as legislative findings and the intent and purpose of the City Council of the City
43 of Cape Canaveral.
44
45 Section 2. Code Amendment — Council Rules. Section 2-63 of the Code of
46 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
47 indicates additions and strikeout type indicates deletions):
48
49
City of Cape Canaveral
Ordinance No.02-2018
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1 Sec. 2-63.— Sergeant at Arms.
2 (1) The sergeant at arms shall be the Cape Canaveral Precinct Commander of the
3 Brevard County Sheriff's Office and such other sheriff's officers designated by the Precinct
4 Commander. The sergeant at arms is responsible for maintaining order and security at city
5 council meetings.
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7 The sergeant at arms shall be present at and during all regular council meetings
8 unless attendance is otherwise excused by when so requested by any member of the city council
9 or by the city manager prior to or during a specific meeting.
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11 (3) The sergeant at arms and the city manager shall be responsible for developing
12 security system plans for council meetings, and training related to the security system plans shall
13 be provided to the city council and its members,city attorney and applicable city staff on an annual
14 basis and as deemed necessary by the sergeant at arms, city council or city manager.
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16 (4) Security system plans shall be deemed confidential and exempt from public records
17 disclosure pursuant to section 119.071(3), Florida Statutes and s. 24(a) Art. I of the State
18 Constitution. Additionally, any council meeting, or portion thereof, at which security system
19 plans, or portions thereof,will be revealed or discussed shall be conducted in a confidential manner
20 and closed to the public pursuant to section 286.0113 (1),Florida Statutes and s. 24(b)Art. I of the
21 State Constitution.
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23 Section 3. Code Amendment — Uniform Procedures and requirements of City
24 Boards. Section 2-171 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby
25 amended as follows (underlined type indicates additions and strikeout type indicates deletions):
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28 Chapter 2
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30 Article IV. Boards, Committees Commissions.
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32 * * *
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34 (q) Sergeant at arms. The sergeant at arms designated pursuant to section 2-63(1)
35 of the City Code shall be present at and during all board and committee meetings unless attendance
36 is otherwise excused by the city council, city manager or board or committee prior to or during a
37 specific meeting. The provisions of section 2-63(3) and (4) of the City Code regarding security
38 system plans shall be applicable to boards and committees.
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40 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
41 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
42 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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44 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
45 Cape Canaveral City Code and any section or paragraph,number or letter and any heading may be
46 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
47 like errors may be corrected and additions, alterations, and omissions, not affecting the
48 construction or meaning of this Ordinance and the City Code may be freely made.
City of Cape Canaveral
Ordinance No.02-2018
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1
2 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
4 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
5 be deemed a separate, distinct and independent provision, and such holding shall not affect the
6 validity of the remaining portions of this Ordinance.
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8 Section 7. Effective Date. This Ordinance shall become effective immediately upon
9 adoption by the City Council of the City of Cape Canaveral, Florida.
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11 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
12 day of April, 2018.
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15 Bob Hoog,Mayor
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17 ATTEST: For Against
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19 Mike Brown
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21 Mia Goforth, CMC Robert Hoog
22 City Clerk
23 Wes Morrison
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25 Rocky Randels
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27 Angela Raymond
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29 Approved as to legal form and sufficiency
30 for the City of Cape Canaveral only by:
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33 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.02-2018
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