HomeMy WebLinkAboutblack's_spray_service_10th_addendum_2017-18 TENTH ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
THIS TENTH ADDENDUM TO PROFESSIONAL-SERVICES AGREEMENT
("Tenth Addendum") is made and entered this day of 2 / , 2017 by and between the
CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is
105 Polk Avenue, Cape Canaveral, Florida, 32920 (`City"), and BLACK'S SPRAY SERVICE,
INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt
Island, Florida 32953 ("Contractor').
WITNESSETH:
WHEREAS, the City and Contractor previously entered into a Professional Services
Agreement(`Agreement")for fertilization, insect,disease,and weed control of turf areas and weed
control of the Central Ditch; and
WHEREAS,the Agreement,as amended by several addenda, is scheduled to terminate on
September 30, 2017; and
WHEREAS, the parties mutually desire to extend the term of the agreement as set forth
herein, and the City desires to waive the competitive bidding process for the purpose of extending
the teen of the agreement; and
WHEREAS,this Tenth Addendum is in the best interests of the health, safety and welfare
of the citizens of the City of Cape Canaveral; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the City
and Contractor hereby agree as follows:
ARTICLE 1 —RECITALS
The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by
this reference.
ARTICLE 2—EXTENSION OF TERM
The City and Contractor hereby agree to extend the term of the Agreement for one (1) year,
commencing on October 1, 2017 and terminating on September 30, 201 S. The parties shall have
the option to extend the term of this Agreement for one (1) additional year period. Any such
extension shall be by mutual written agreement of all parties and shall be executed no less than
ninety (90) days prior to the expiration of this Agreement's current term.
Tenth Addendum to Professional Services Agreement
City of Cape Canaveral /Black's Spray Service, Inc.
Page 1 of 3
ARTICLE 3—PAYMENT OF CONTRACTOR
Article 6 of the Agreement, which addresses payment of contractor,is hereby deleted in its entirety
and replaced with the following language:
The City shall pay to Contractor $48,054.00 for chemical applications (e.g., fertilization,
insect control, and weed control) as described in Exhibit "1," Chemical Applications Bid
Tab Sheet. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed
price Agreement.
Invoices received from the Contractor pursuant to this Agreement will be reviewed and
approved by the Agreement Administrator, indicating that the services being invoiced are
in conformity with the Agreement. The invoices will be sent to the Finance Department for
payment. Payments shall be processed consistent with the Florida Local Government
Prompt Payment Act.
ARTICLE 4—OTHER PROVISIONS
Any other term or provision of the Agreement not expressly modified by this Tenth Addendum,
or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth or Ninth Addenda, shall remain
in full force and effect.
[Remainder of page intentionally left blank. Signature page follows]
Tenth Addendum to Professional Services Agreement
City of Cape Canaveral/Black's Spray Service,Inc.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Tenth Addendum as of
the day and year first above written.
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By: s Y 'Lt
David L. Greene, City Manager
Mia Goforth, CMC, Ci Clerk
CONTRACTOR:
Black's Spray Service, Inc.,
a Florida corporation.
WITNESSES:
* elf/-/�— �1,
By
` ,( Carlos S. Boyer, resident
Print Name:
Print Name: f,.N
Tenth Addendum to Professional Services Agreement
City of Cape Canaveral 1 Black's Spray Service, Inc.
Page 3 of 3
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral,Florida
TUESDAY
September 19, 2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member Brown
led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member Mike Brown
Mayor Bob Hoog
Mayor Pro Tem Brendan McMillin
Council Member Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Economic Development Director Todd Morley
Human Resources/Risk Management Director Jane Ross
Culture and Leisure Services Director Gustavo Vergara
Public Works Services Director Ralph Lotspeich
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Brevard County Sheriff's Office Commander Linda Moros
Cape Canaveral Volunteer Fire Department Chief Dave Sargeant
PUBLIC PARTICIPATION:Pennie Zuercher,8657 Villanova Drive and Chief Financial Officer
for Brevard County Schools, thanked City Council for accomplishments in the community
including improvements, ped-ways, parks and the City garden; she expressed how proud she and
her husband are to be residents and is eager to get involved with City government. Mayor Hoog
thanked Mrs. Zuercher.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 19, 2017
Page 2 of 5
PRESENTATIONSANTERVIEWS:
Interview Applicants for appointment to the Community Appearance Board (Gail Sweet and
Elana Whitehead): Mayor Hoog requested a motion to remove and postpone the Agenda Item for
Interviews and Consent Agenda Item 2. A motion was made by Mayor Pro Tem McMillin,
seconded by Council Member Walsh, to reschedule the Agenda Item for Interviews and
Consent Agenda Item 2 to the City Council Meeting of October 17,2017. The motion carried
5-0.
"Engaging our Communities and State Legislative Actions" presented by City of Satellite Beach
City Councilman and current Space Coast League of Cities First Vice President Dominick
Montanaro: Mr. Montanaro shared his background related to becoming President of the Space
Coast League of Cities January 2018,serving on Council and Boards of the City of Satellite Beach
for approximately twenty-five years, the challenges municipalities face with regard to State
legislation and his initiative to engage and inform citizens of local governments impact on their
lives. Council thanked Mr. Montanaro and discussed how local elected officials had not rallied
citizens to engage with State legislators in the past and the need to get the message out.
CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent
Agenda for discussion excluding Item 2.Mayor Pro Tem McMillin removed Item 1.
1. Approve Minutes for August 15 2017 City Council Regular Meeting_
2. Resolution No. 2017-17;appointing Members to the Community Appearance Board of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions
severability and an effective date. (Gail Sweet and Elana Whitehead) (REMOVED)
3. Resolution No. 2017-18; reappointing Members to the Board of Adjustment Code
Enforcement Board, Culture and Leisure Services Board and Library Board of the City of
Cape Canaveral, providing for the repeal of prior inconsistent resolutions severability and
an effective date (Linda Brown Joe Elliott,Desmond Wassell Christopher Cloney Walter
Godfrey, Mickie Kellum, Maureen Michel,Alden Moe,Joanna Atwood&Mary Ernst)
4. Resolution No. 2017-19; authorizing an addendum to the Contract for fire protection and
emergency medical services between the City of Cape Canaveral, Florida and the Cape
Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent
resolutions, severability and an effective date.
5. Resolution No. 2017-20; authorizing an Agreement for municipal law enforcement
services between the City of Cape Canaveral, Florida and Wame Ivey, as Sheriff of
Brevard County,providing for the repeal of prior inconsistent resolutions, severabilityaand
an effective date.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 19, 2017
Page 3 of 5
6. Resolution No. 2017-21; recognizing the importance of breastfeeding in accordance with
Florida State Laws and Statutesproviding for the repeal of prior inconsistent resolutions
severability and an effective date.
7. Resolution No. 2017-25. confirming and extending the Declaration of Civil Emergency
approved by the Ma or on September 7 2017 due to Hurricane Irmaproviding for the
termination of the Civil Emergency at 11;5,9 P.M. on September 22, 2017 unless otherwise
extended by order of the Mayor, providing for severabilfty and an effective date.
S. Resolution No. 2017-26providing for a tempoLaa waiver of Building Permit fees for
repairs related to building or structural damage caused by Hurricane Irma;providing for an
intent and-purpose of this Resolutionproviding for a filing joeriod for ehizible building
permit applications; providing for severability and an effective date
9. Approve the Tenth Addendum to Professional Services Agreement for Fertilization Insect
Disease, Weed Control and Pest Control Services in the amount of$48,054 with Black's
S ra Service Inc. and authorize City Manager to execute same.
10. Approve the Second Addendum to Professional Services A eement for Mowing and
LandscEing Services in the amount of$203,860 with SSS Brevard OPCO LLC dba Green
Leaf Landscaping & Irrigation and authorize Ci1y Manager to execute same.
A motion was made by Council Member Brown, seconded by Mayor Pro Tem McMillin, to
accept Items 3 through 10, excluding 2, from the Consent Agenda. The motion carried 5-0.
#1 Mayor Pro Tem McMillin requested an amendment and clarification to the Regular Meeting
Minutes of August 15, 2017. Discussion ensued and included his vote in support of Item 4, under
Public Hearing, Ordinance No. 11-2017 prohibiting Medical Marijuana Treatment Center
Dispensing Facilities in the City, Council desire for Staff to create a future ordinance allowing the
measure, reasoning behind the action and how the State presented limited choices prior to the
August Meeting. A motion was made by Mayor Pro Tem McMillin, seconded by Council
Member Randels, for approval of Item 1 of the Consent Agenda, as written. The motion
carried 5-0. Discussion continued regarding the City's action-oriented style of recording minutes
and public access to audio and video recordings of City Council Meetings.
PUBLIC HEARING;
11. a. Resolution No. 2017-23; adopting a Final Millage Rate for the levy of Ad Valorem
Taxes for Fiscal Years 201712018 on all taxable property located within the City of Cape
Canaveral,Brevard County, Florida;providing for an effective date: City Attorney Garganese read
the title into the record and explained the item. The Public Hearing was opened. Mayor Hoog
complimented Staff and pointed out how much the City is accomplishing compared to other
communities with higher rates. The Public Dearing was closed. Discussion ensued and included
Capital Improvement projects in the 2017/2018 budget directly tied to City Visioning and details
City of Cape Canaveral, Florida
City Council Regular Mecting
September 19, 2017
Page 4 of 5
regarding Capital Improvement projects provided by Culture and Leisure Services Director
Vergara. City Attorney Garganese announced the proposed final millage rate,the rolled-back rate
and the percentage increase of the proposed final millage rate above the rolled-back rate which
will be incorporated into Resolution No. 2017-23. City Manager Greene explained the purposes
and reasons the City is proposing to increase ad valorem revenues including funding annual cost
increases as well as new community Capital Improvement projects identified in the City's Strategic
and Visioning plan such as Canaveral City Park Multigenerational Center and Cultural Arts
Preservation Enrichment Center. 1 le noted anticipation of the homestead exemption increase that
will appear on the ballot next year, long-term impacts the measure will have on City revenues,the
costs of two hurricanes the City absorbed in one fiscal year and a total of$4000 received to date
from the Federal Emergency Management Agency (FEMA) for Hurricane Matthew. A motion
was made by Council Member 1iandels,seconded by Mayor Pro Tem McMillin,for adoption
of Resolution No. 2017-23, with the amended changes the City Attorney brought forth
publicly. The motion carried 5-0.
b. Ordinance No. 14-2017,adopting the Annual General Fund Wastewater Enterprise
Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds Capital
Project Funds and Agency l-und iiudgets for the Fiscal Year beginning October 1 2017 and
ending September 30. 2018; providing for an effective date, second reading: City Attorney
Garganese read the title into the record. City Manager Greene explained the item stating Staff
recommends adoption on second reading. Discussion ensued and included the thirty-two percent
decrease in the Budget compared to last fiscal year and the Budget is balanced. The Public Hearing
was opened. Pennic %uerchcr, 8657 Villanova Drive, stated she reviewed the Budget and
recognized it as a good one. The Public Hearing was closed. A motion was made by Council
Member Randels, seconded by Council Member Walsh, to adopt Ordinance No. 14-2017,
second reading. The motion carried 5-0.
REPORTS:
Council Member Walsh commented she felt Hurricane Irma was worse than Hurricane Matthew,
thanked Staff, Brevard County Sheriffs Office and Canaveral Fire Rescue for their work and
keeping the residents safe; and she urged people to sign up for the City's NIXLE program to
receive timely information. She also applauded City of Cocoa, Florida Power and Light and local
businesses for their efforts in assisting the community.
Council Member Brown concurred with Council Member Walsh with special thanks to first
responders.
Mayor Pro Tem McMillin thanked Staff for their efforts during the Storm and requested an update.
City Manager Greene provided post-Storm information and activities and praised Staff for their
efforts and commitment to the community. Mayor Pro Tem McMillin commented on the City's
landscaping and pest control costs and expressed support going forward with xeriseaping to
incorporate more native plants which saves money and helps the Lagoon.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 19, 2017
Page 5 of 5
Mayor Hoog shared stories of people and businesses helping one another related to the Storm.
Commander Linda Moros reported on the Brevard County Sheriffs Office and Cape Canaveral
Fire Rescue efforts before, during and after Hurricane Irma; there were no injuries, burglaries or
looting during the Storm nor automobile accidents after the Storm; and she thanked the City Staff
for providing stop signs to assist xvith traffic. Commander Moros gave additional thanks to the
National Guard for providing and lianding out water, Craig Technologies for use of their parking
lot and the Brevard County Sheriff's Office for loading up and delivering water to those in need.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:57 P.M.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor