HomeMy WebLinkAboutAgenda Packet 9-17-13 Regular - (OCR)City of Cape Canaveral
CITY COUNCIL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
Tuesday
September 17, 2013
6:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CITY ATTORNEY'S REPORT:
6:05 p.m. — 6:10 p.m.
AUDIENCE TO BE HEARD:
6:10 p.m. — 6:25 p.m.
Cocoa Beach Mayor Dave Netterstrom
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not
take any action under the "Audience to Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon them in
the future.
CONSENT AGENDA:
6:25 p.m. — 6:30 p.m.
1. Approve Minutes for City Council Workshop and Regular Meetings of
August 20, 2013 and City Council Special Meeting of September 3, 2013.
2. Approve Task Order No. 1 in the amount of $36,594 to GeoSyntec
Consultants, Inc. for Surveying, Engineering Design, Bid Specifications
and Construction Monitoring Services related to the dredging of the
southern portion of the Central Ditch and authorize the City Manager to
execute same.
3. Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec
Consultants, Inc. for Surveying, Computer Modeling and Preliminary
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1248
www.cityofcapecanaveral.oryg • email: info@cityofeapecanaveral.org
City of Cape Canaveral, Florida
City Council Meeting
September 17, 2013
Page 2 of 3
Engineering Design Services related to the installation of a stormwater
exfiltration/reclaimed water disposal system beneath Canaveral City Park
and authorize the City Manager to execute same.
4. Modification to Binding Developer's Agreement between the City of Cape
Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral
Assisted Living Facility.
5. Resolution No. 2013-21; authorizing an Agreement for Fire Protection and
Emergency Medical Services between the City and the Cape Canaveral
Volunteer Fire Department, Inc.; providing for an effective date.
6. Resolution No. 2013-22; authorizing an Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral, Florida and
Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior,
inconsistent resolutions, severability and an effective date.
PUBLIC HEARING:
6:30 p.m. — 6:45 p.m.
7. Resolution No. 2013-18; a Joint Resolution of the City Council of the City
of Cape Canaveral, Florida, and the Cape Canaveral Community
Redevelopment Agency ("Agency"); providing for the approval of an
Interlocal Agreement authorizing a loan from the City to the Cape
Canaveral Community Redevelopment Agency, in an amount not to
exceed $100,000.00, for purposes of initially funding the Cape Canaveral
Community Redevelopment Agency so it can commence redevelopment
activities within the Redevelopment Area and reimburse the City for
certain start-up expenses incurred by the City to establish and create the
Agency; providing for the incorporation of the terms and conditions of the
Interlocal Agreement into the Redevelopment Plan of the Cape Canaveral
Community Redevelopment Agency; providing for the repeal of prior
inconsistent resolutions, no conflicts; severability, and an effective date.
8. Resolution No. 2013-19; amending the Cape Canaveral Community
Redevelopment Agency — Community Redevelopment Plan to modify the
boundaries of the Redevelopment Area to exclude land from the
Redevelopment Area, adopting a revised Boundary Map and Legal
Description, attached hereto as Exhibit "A"; and incorporating said Map
into the Cape Canaveral Community Redevelopment Agency —
Community Redevelopment Plan; providing for the repeal of prior
inconsistent resolutions, severability, and an effective date.
City of Cape Canaveral, Florida
City Council Meeting
September 17, 2013
Page 3 of 3
ITEMS FOR ACTION:
6:45 p.m. — 7:00 p.m.
9. Award the bid for construction of the New Cape Canaveral Volunteer Fire
Department (CCVFD) Station to W & J Construction Corporation in the
amount of $1,993,402.35; authorize the City Manager to execute
documents related to same; approve the re -organization of the Council
Meeting room to provide office space for two CCVFD Staff in lieu of
renting office space during construction and authorize staff to negotiate a
loan in lieu of using reserves.
REPORTS:
7:OOp.m.-7:15p.m.
10. Council.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting, that person
will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. This notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed
by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The
facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in
the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the
meeting.
CITY COUNCIL BUDGET WORKSHOP MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 20, 2013
4:30 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 4:30 RM.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City Manager
Assistant City Manager/City Clerk
Finance Director
Community & Economic Development Director
Planning & Zoning Director
Leisure Services Director
Public Works Services Director
Public Works Services Deputy Director
Brevard County Sheriff Major
Cape Canaveral Volunteer Fire Dept. Chief
Cape Canaveral Volunteer Fire Dept. Assistant Chief
DISCUSSION:
David L. Greene
Angela Apperson
John DeLeo
Todd Morley
Barry Brown
Gustavo Vergara
Jeff Ratliff
Lonnie Dunn
Mike DeMorat
Dave Sargeant
John Cunningham
1. Proposed Fiscal Year 2013/2014 Budaet and Five (5) Year Capital Improvement
Plan: City Manager David Greene explained items in the Capital Improvement Plan are
not automatically purchased; the Plan is a projection of items Staff estimates will be
needed over the next five (5) years as well as the City Council/Citizens goals. Staff
assesses the condition of equipment and dates established may need to be extended
out or accelerated based upon actual conditions. Renewal/replacement of equipment
has been planned for by the use of a Capital Depletion Reserve Account. The
replacement of lighting as projected for City Buildings may not occur as projected due to
the anticipated new City Hall and subsequent demolition of the Community and
Economic Development Building. The discussion of the proposed budget/CIP began on
Page 93 and included: proposed expenditures at Cherie Down Park, if there are plans
City of Cape Canaveral, Florida
City Council Budget Workshop Meeting
August 20, 2013
Page 2 of 2
showing proposed improvements, the acquisition of the property owned by the County
and the continued lease of the portion owned by the School Board, the need for the
lease to be at least 25 years so the City could apply for grant funding for the proposed
improvements, the conditions attached to the land will be fully investigated prior to the
presentation of any agreement to the City Council, a planning/community involvement
process to decide what improvements will be accomplished, the need for a dedicated
funding source such as paid parking or vendor/concession if the City decides to take
over the property, whether the proposal should be sent to the voters to see if they
support the project/acquisition, the current administration's practice to bring projects to
the City Council only after Staff has completely explored the concepts, which portion of
the property is controlled by which agency, the need to have adequate site
plans/surveys and in some cases project plans/specifications before application for
grant funding, by doing so, it places the City in a better position for funding; complaints
received about the conditions at the Park, the desire of citizens to have a coffee
shop/restaurant near the water; the Long Point Road Estuary Project and funding
anticipated from the Army Corps of Engineers; Cape Caribe has agreed to the transfer
of maintenance for the dune cross over adjoining their complex; the fire station project,
the reserves for same, the projected funding options for the amount not currently
dedicated to the project; the need to return the plans for the New City Hall to the Council
before the project bid is released and Staff's work to produce a conservative building
that meet current and future needs; the Police and Fire Department expense has only
increased 300,000 over the past five years, yet the total Ad Valorem does not cover the
expenses; the North Atlantic Avenue Improvement Project may receive funding from
Florida Department of Transportation via the Space Coast Transportation Planning
Organization which would eliminate the need for loans/large use of reserves or phasing
of the project; the projects proposed in the Enterprise Capital fund, the limited space
available at the WWTP, the need to make certain changes to reduce the impact to the
Indian River Lagoon, which necessitates the building of a storage tank, whether
reclaimed water could be stored in underground vaults at Canaveral City Park, which
has been targeted to solve stormwater issues in the area, Cocoa Beach's ASR Well
project and whether it could eliminate the need to build another storage tank; the current
engineering/computer modeling being done to study the stormwater/reclaimed water
issues and the State Revolving Loan interest rate. City Manager Greene indicated
there will be an amendment to the final proposed budget to accommodate projects
which need to carry over to next year.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 5:50 P.M.
Angela M. Apperson, MMC, Rocky Randels, Mayor
Assistant City Manager/City Clerk
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 20, 2013
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:03 P.M. and led the pledge
of allegiance. Mayor Randels reminded everyone to speak into the microphone.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City Manager
City Attorney
Assistant City Manager/City Clerk
Finance Director
Community & Economic Development Director
Planning & Zoning Director
Leisure Services Director
Public Works Services Director
Public Works Services Deputy Director
Brevard County Sheriff Major
Cape Canaveral Volunteer Fire Dept. Assistant Chief
PRESENTATIONS / INTERVIEWS:
David L. Greene
Anthony Garganese
Angela Apperson
John DeLeo
Todd Morley
Barry Brown
Gustavo Vergara
Jeff Ratliff
Lonnie Dunn
Mike DeMorat
John Cunningham
Interview Bruce Collins, John Price and R. Lamar Russell for reappointment to the
Plannina and Zoning Board: Attorney Garganese asked all applicants if the information on
their application is true and correct, to which each replied in the affirmative. Each
applicant then explained their reasons for serving the City as a member of the Planning
and Zoning Board. Mr. Russell's book "Lessons Learned in Planning & Zoning" was noted
and he explained the zoning along the shorelines has remained constant over the last fifty
years. Council Members thanked the applicants for their service.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 20, 2013
Page2of5
P roclamation designating September 19, 2013 as "It Can Wait National Dav of Action":
Mayor Randels explained the mobile phone providers encourage individuals not to text
and drive and sponsored the proclamation, which he read into the record.
CITY ATTORNEY'S REPORT: Attorney Garganese noted he is reviewing the rules of
procedures to ensure they are in compliance with a new law which mandates the public
be given an opportunity to speak on agenda items.
AUDIENCE TO BE HEARD: Joyce Hamilton expressed corn; iiments related to the
operation of summer camp. Leisure Services Director eGstavo Vergara explained
changes made to the program to serve more children and`paSpr with the Library for an
educational component.
CONSENT AGENDA:
Mayor Randels inquired if any items are to/be temoved f -om the Comer genda for
discussion. No items were removed.
1. Approve the July 16, 2013 Minutes for the Ci vitouncil Budget Workshop and
Regular Meetings.
2. Resolution No. 2013-14: amending Agpendix.B, Schedule of Fees, of the Cape
Canaveral Code of Ordinances to establish thea Site •tbevel.o'pment Permit Fee; providing
for the repeal of prioLtifitonsistent resolutions, incoroo"ration into Appendix B of the
Cape Canaveral Codtof Ordinances, severability, and an effective date.
417 k‘3. Resolutions No::'-' .e.13-15 __ reappointing\ Members to the Planning and Zoning
B oard of the City of Carne... amid -sal ;providing for the repeal of prior inconsistent
resolutions: iseverability; ant- o .Jan effectitre��date. (Bruce Collins, John Price and R. Lamar
Russell)
•
4. " AP, rove the FirstAd.dendui!n-to Professional Services Agreement with JB's Lawn
Control, Inc:: in the amount of $184,478 and authorize the Citv Manager to execute,
same.
5. Approve annuaLextension of the Fertilization, Insect, Disease. Weed Control and
Pest Control Agreement in the Amount of $41,344 with Black's Lawn Care and Pest
Control, Inc. and authorize the City Manager to execute same:
A motion was made by Council Member Walsh, seconded by Council Member
H oog, to approve the five items on the Consent Agenda. The motion carried 5-0
with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For;
Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh,
For.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 20, 2013
Page3of5
PUBLIC HEARING:
6. Ordinance No. 09-2013; amending Chapter 78, Article II, Division 3 of the Cape
Canaveral Code of Ordinances related to sanitary sewer system impact fees; revising
sewer impact fee assessment procedures consistent with the findings and
recommendations set forth in the Citv's Sanitary Sewer Impact Fee Report dated April
2013; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, second reading:
AttorneyGarganese read the Ordinance title into the record.
g �a�or:,;Randels provided a
brief overview. A motion was made by Council Mem�ber Petsos, seconded by
Mayor Pro Tem Bond, for approval of Ordinance Nosio19 i 13 on second reading.
Y pp � � 9
The Public Hearing was opened. Leo Nicholas rev• ,Ned *understanding .understanding of the
of impact fees. He asked if the Cityhas ari:. d@Iinquen 'mtpact fees, to which
purpose P 1 _ .� ,
Mr. Greene responded there is one. Mr. Nicholas�aske`d. if the delin40nt fees would be
settled under the old fee schedule or the new :one. Mr. Greene indica'`tc,it will depend
upon when the dispute over the fees is .settled. They,Public Hearing; ;Was closed
Council Members comments related to the purposnf im act fees was growth needs to
pay for itself; the new fee schedule will be lower fo rOt, however, certain businesses
will receive an increase; the loans taken for upcoming®:rojects. Mr Greene indicated
the majority of the projects are not `'eligible for use of impact fees because they are
maintenance in nature and not expans oitc :capacity; the `�teW rate structure will allow
the use of impact fees byrequiring a set as d`e4ofrvrnone fo t maintenance/repair of the
existing facilities. A brief discussion ensued./Theimti , carried 5-0 with voting as
follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member
Petsos, For; Mayor/Sande-is, :For; and Council Member Walsh, For.
7 Resolution No. --201.3-13 adopting the sanitary sewer impact fee report prepared
for the City of Cape Canaveral by Raftelis...Finoncial Consultants, Inc., dated April 2013;
amendingA j �dixk B, .'-Schedule--- of:.._Fees, in accordance with the report's
recommir dations ;riding for .repeal of prior inconsistent resolutions, incorporation
into Ao.aendix B of itieiiCaDe `Canaveral Code of Ordinances, severabilitv, and an
effective ate: Attorney'Garganese read the Resolution title into the record. A motion
was Mmade}bA Council'M"
,Iember Hoog, seconded by Council Member Walsh, For
Resolution N o .,, 2013-13 :' The Public Hearing was opened. No comments were
received and ther'Public Fearing was closed. The motion carried 5-0 with voting as
�` For;Council Member
follows: Mayor Pio;: T,em� Bond, For; Council Member Hoog,
Petsos, For; Mayorittndels, For; and Council Member Walsh, For.
pa.
ITEMS FOR ACTION:
Consider Application for Satisfaction or Release of $3,100.00 Code Enforcement Lien,
Case No. 2010-00123, 213 Pierce Ave., Unit D• Mr. Andres Gonzalez, speaking on
behalf of owner Mr. Juan S Gonzalez, answered questions. City Manager Greene
explained the actions of the Code Enforcement Board to reduce the lien to $500.00 and
Staffs recommendation for a reduction to $2,000.00, which makes the City whole. A
City of Cape Canaveral, Florida
City Council Regular Meeting
August 20, 2013
Page 4 of 5
motion was made by Council Member Petsos, seconded by Council Member
Walsh, to support Staff's recommendation. Andres Gonzalez noted the expenses to
get the residence back into compliance. Discussion ensued and included: the fact that
the individuals truly responsible for the violations never seem to be held accountable;
the appreciation of the work the property owner has done to fix the property up; and the
fact the lien was recorded after the foreclosure process began. The motion carried 4-1
with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For;
Council Member Petsos, For; Mayor Randels, Against and Council Member
Walsh, For. Attorney Garganese explained the reduced lien„mmfust:;be paid within thirty
days or the entire lien amount will be due, to which Andres G.a izalez responded with his
affirmative understanding.
• REPORTS:
9. Council
•
Mayor Pro Tem Bond reported on his attendance at -`the -,Florida League of Cities
Conference. He spoke of money returned to a developer by the former administration
which he believes should have stayed with the City and indicated the City Manager was
looking into the situation.
•
Council Member Walsh reported a dea seaurtIe, on the beach in front of Villages of
Seaport. She indicated once tagged and .anyr4estsk. `ducat d, the City will be notified to
bury the turtle.
Council Member Petsos noted ;new Iegislatioh_ which requires all contractors conform to
r
the public records laws::.and expressed concern that this would increase the cost of
contracts or deter firnis.:.firorn -doing .:business with the City. Attorney Garganese
indicated tb&E 7 `.'. as.„always required contractors provide records related to work done
•� .^{x is • ... �� .'
on beh _..'•�of the Crt % he new,, law requires this be addressed in the contract. A brief
discussion ensued, but actioniwas taken.
Council Member Petsos 'also noted his attendance at the Florida League of Cities
Conference.`
Council Member Moo -:reported on his attendance at the Florida League of Cities
Conference and shareddetails of a session he attended related to reducing/eliminating
homelessness. A discussion ensued and included details of programs sponsored by
local churches.
Mayor Randels asked about an initiative the Mayor of Cocoa Beach has extended
related to visitors from space. Council Members did not express support for the
initiative.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 20, 2013
Page 5 of 5
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:31 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Assistant City Manager/City Clerk
CITY COUNCIL SPECIAL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 3, 2013
5:30 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:30 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
City Manager
City Attorney
Assistant City Manager/City Clerk
Finance Director
Community & Economic Development Director
Public Works Services Director
Public Works Services Deputy Director
Brevard County Sheriff Major
Cape Canaveral Volunteer Fire Dept. Chief
PRESENTATIONS / INTERVIEWS:
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
David L. Greene
Anthony Garganese
Angela Apperson
John DeLeo
Todd Morley
Jeff Ratliff
Lonnie Dunn
Mike DeMorat
Dave Sargeant
Proclamation desianatina September 6. 2013 as "LOCAL WORKS DAY" in the City of
Cape Canaveral: Mayor Randels explained the purpose of the day and read the
Proclamation into the record. City Manager David Greene expressed appreciation for
the City Employees; they are always there when the City needs them to step forward.
He indicated his pride to be associated with the employees.
Proclamation desianatina September 28. 2013 as "National Estuaries Dav — Hands Across
The Laaoon" in the City of Cape Canaveral: Mayor Randels explained the boundaries of
the Indian River Lagoon and read the Proclamation into the record.
City of Cape Canaveral, Florida
City Council Special Meeting
September 3, 2013
Page 2 of 3
PUBLIC HEARING:
1. Adopt Resolution No. 2013-16; correcting the total millage for all operating
purposes and the Tentative Proposed Millage Rate for Beautification General Operating
Millaae previously set forth in Resolution No. 2013-12; restatina Resolution No. 2013-12
in its entirety which adopted the Tentative Proposed Millage Rate for the levy of Ad
Valorem Taxes for Fiscal Year 2013/2014 on all taxable property located within the City
of Cape Canaveral. Brevard County, Florida: providing for a retroactive effective date:
Attorney Garganese read the Resolution title into the record and provided a brief
explanation for same. Mayor Randels provided further explanation of the errors in
Resolution No. 2013-12. A motion was made by Council Member Walsh, seconded
by Council Member Hoog, for approval of Resolution No. 2013-16. Finance Director
John DeLeo explained the use of the electronic e -trim system, the calculation error and
future use of the system, which will be much more efficient. The Public Hearing was
opened. No comments were received and the Public Hearing was closed. The motion
carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member
Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council
Member Walsh, For.
2. Adopt Resolution No. 2013-17: adopting a Proposed Millage Rate for the levy of
Ad Valorem Taxes for Fiscal Year 2013/2014 on all taxable property located within the
City of Cape Canaveral, Brevard County, Florida: Attorney Garganese read the
Resolution title into the record and provided an explanation of same. Mayor Randels
read the millage rates as: 1.9187 for General Government Police Millage; 1.4390 for
General Government Fire/Rescue Millage; 0.4816 for General Government
Beautification millage and 0.0709 for Library Dependent Special District Millage. The
Public Hearing was opened. No comments were received and the Public Hearing was
closed. A motion was made by Council Member Walsh, seconded by Council
Member Petsos, to approve and adopt Resolution No. 2013-17. The motion
carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member
Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council
Member Walsh, For.
3. Adopt Ordinance No. 11-2013; adoptina the Annual General Fund, Wastewater
Enterprise Fund. Stormwater Enterprise Fund, Enterprise Capital Fund Special
Revenue Funds. Capital Project Funds, and Aaencv Fund Budaets for the fiscal year
beginning October 1, 2013, and ending September 30, 2014: providina for an effective
date, first reading.: Mayor Randels noted the second reading of the Ordinance will take
place on September 17, 2013. Attorney Garganese read the Ordinance title into the
record and provided an explanation of same. Mayor Randels indicated this is a
balanced budget. The Public Hearing was opened. No comments were received and
the Public Hearing was closed. A motion was made by Council Member Hoog,
seconded by Mayor Pro Tem Bond, for adoption of Ordinance No. 11-2013. Mayor
Randels indicated Staff has been working on the Budget since May. The motion
carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member
City of Cape Canaveral, Florida
City Council Special Meeting
September 3, 2013
Page 3 of 3
Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council
Member Walsh, For. Mayor Randels recapped the meeting. Council Member Walsh
expressed appreciation for the use of the rolled -back rate.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 5:56 P.M.
Angela M. Apperson, MMC,
Assistant City Manager/City Clerk
Rocky Randels, Mayor
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 09/17/2013
Item No. 2.
Subject: Approve Task Order No. 1 in the amount of $36,594 to GeoSyntec
Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and
Construction Monitoring Services related to the dredging of the southern portion of the
Central Ditch and authorize the City Manager to execute same.
Department: Public Works Services
Summary: During construction in 2011 of the Central Ditch headwall located adjacent
to West Central Boulevard, dredging of approximately three feet of muck from the Ditch
bottom resulted in improved water quality, increased surface water flow and improved
fish and wildlife habitat. Larger fish and numerous turtles now thrive in this area and are
frequently "observed and fed" by area residents. These dredging activities removed
organic -rich muck (a pollutant source) from the channel bottom and deepened the Ditch
by three feet for the first 100 feet south of West Central Boulevard.
The remainder of the Central Ditch located south of West Central Boulevard has never
been dredged of muck and debris. A recent survey of muck thickness in the Ditch
conducted by the City's geotechnical contractor revealed an average thickness of
approximately 46 inches. The organic -rich muck is a continuing source of pollutants to
the water column and is limiting surface water flow in areas. Removal of this muck will
eliminate this pollutant source and also improve habitat for fish and wildlife. Improving
water quality in tributaries to the Indian River Lagoon system is a major goal of Florida
Department of Environmental Protection's Total Maximum Daily Load (TMDL) Program.
Staff is proposing the dredging and offsite disposal of approximately three feet of muck
from the Ditch bottom from 100 feet south of West Central Boulevard to the bend in the
Ditch located approximately 1,000 feet to the south (see Attachment #1). Care will be
taken to avoid the root systems of mangroves located along the western side of the
Ditch. In addition, since this proposed Project would remove pollutants (organic -rich
muck) from the water column, the City may receive stormwater credits through the
TMDL Program. Recognizing the environmental and ecological importance of this
Project, Staff included this Project in the City's State Revolving Fund Loan Application
submitted to FDEP.
After review of engineering firm qualifications for similar -type projects completed in
other municipalities, Staff selected GeoSyntec Consultants, Inc. (GeoSyntec) of
Titusville, Florida to perform the project tasks. GeoSyntec is one of the engineering
firms selected by the City for Professional Engineering/Surveying, Planning, Consulting
and Architectural Services in Request for Qualifications #2011-01. A Master Services
Agreement for these services has been signed between the City and GeoSyntec. A cost
estimate with a breakdown of personnel hours for this Project as prepared by
GeoSyntec is included as Attachment #2.
Submitting Department Director: Jeff Ratliff -Ait(4 Date: 09/05/13
City Council Meeting Date: 09/17/2013
Item No.
Page 2 of 2
Attachments:
#1 — Location of Dredging Activities
#2 — GeoSyntec Cost Estimate
Financial Impact: $36,594 to GeoSyntec Consultants, Inc. for Surveying, Engineering
Design, Bid Specifications and Construction Monitoring Services related to the dredging
of the southern portion of the Central Ditch to be funded by SRF. Staff time and effort to
prepare this Agenda Item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Cot{cil take the following action(s):
Approve Task Order No. 1 in the amount of $36,59W to GeoSyntec Consultants, Inc. for
Surveying, Engineering Design, Bid Specifications and Construction Monitoring
Services related to the dredging of the southern portion of the Central Ditch and
authorize the City Manager to execute same.
Approved by City Manager: David L. Greene d `1A.4. Date: 7/S /3
City Council Action: [ ] Approved as Recommended [ ] Disapprove
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
Location of Dredging Activities
Location of Dredging Activities
t,i
Attachment #2
GeoSyntec Cost Estimate
Geosyntec r>
consultants
Mr. Jeff Ratliff, Public Works Services Director
Cape Canaveral Public Works Department
601 Thurm Blvd., P.O. Box 326
Cape Canaveral, FL 32920
6770 South Washington Avenue, Suite 3
Titusville, Florida 32780
Pli 321-269-5880
www.geosyntec.com
September 4, 2013
Subject: Task Order No. 2013-1
Proposal for Ditch Dredging Design & Permitting - South Central Ditch
Cape Canaveral, Florida
Dear Mr. Ratliff:
Geosyntec Consultants, Inc. (Geosyntec) is pleased to provide the City of Cape Canaveral
(City) with this proposal for the South Central Ditch Dredging project. Work will be
conducted pursuant to our June 2011 contract with the City for Engineering & Surveying
Services. Geosyntec will be assisted on the project by subconsultant Morgan & Associates,
Inc. (M&A).
BACKGROUND
The South Central Ditch project is located within the City limits, associated with a primary
conveyance feature draining northern portions of the City. The ditch section in question runs
north to south between West Central Boulevard on the north end to a point approximately
300 feet east of Astronaut Boulevard (A1A). The ditch is bordered by the Cape Canaveral
Trailer Village and a vacant lot on the east, and the Craig Technologies Building on the west.
The project site is located within Sections 14 and 15 of Township 24 South, Range 37 East.
The study area is located within the jurisdiction of the St. John's River Water Management
District (SJRWMD).
Over time the ditch has become overgrown, difficult to maintain, and filled with muck and
other sediments. The City would like to dredge this section of ditch in order to restore proper
conveyance. To meet this goal, the City requires design plans and specifications preparation
and permitting services to bid the project to a contractor.
SCOPE OF WORK
Geosyntec envisions that the overall project will be conducted in two phases: 1) Assessment,
Design & Permitting Phase, and then 2) Construction Monitoring. Phase 1 would be
completed first to provide plans to the City to move forward with bidding. Under Please 2, the
construction would be monitored as engineer's representative, but not full CEI. This scope of
work includes detailed scope and costs for both Phase 1 and 2.
Geosyntec is securing the services of subconsultant M&A to take lead (engineer of record)
on design plans and specifications preparation, as well as permitting. M&A will also
provide surveying services to support the project and act as the lead in post design
services (construction monitoring). Refer to the subconsultant proposal in Attachment B.
Geosyntec will act in a quality assurance / quality control (QA/QC) role, as well as
providing general project management. As prime under the contract with the City,
Geosyntec will retain ultimate responsibility for completion of the project.
engineers 1 scientists 1 innovators
Proposal for Ditch Dredging Design & Permitting South Central Ditch
Cape Canaveral, Florida
September 4, 2013
Geosyntec
consultants
The following sequence of tasks would be performed by Geosyntec to complete the project:
Phase 1- Design & Permitting
Geosyntec will provide peer QA/QC review on the following activities conducted by M&A:
1. Survey Data
2. 90% Construction Plans, Specifications and Engineer's Cost Estimate
3. Draft Permit Package
4. 100% Construction Plans, Specifications and Engineer's Cost Estimate
Phase 2 - Construction Manitorina
Geosyntec will provide peer QA/QC review on the following activities conducted by M&A:
5. Pre-bid & pre -construction meeting questions, shop drawings, construction site visits,
as -built drawings & engineer's certification for SJRWMD permitting purposes
Geosyntec will also provide:
6. Project Management including project administration, subconsultant coordination,
client status reporting, and attend client/SJRWMD meetings (up to 6).
DELIVERABLES
a. Phase 1 90%, 100%, Final Plans (and permit documents) will be submitted by M&A to
the City as described in their enclosed subconsultant proposal.
b. Phase 2 construction monitoring related documents will be submitted by M&A to the
City as described in their enclosed subconsultant proposal.
ASSUMPTIONS
i. Geotechnical assessment of the project site will be necessary to evaluate
improvement alternatives. It is understood that the City is procuring this work under
separate contract. A copy of the geotechnical testing results will be provided to the
consultant.
ii. No ecological, wetland delineation or environmental assessment will be necessary to
design and permit this project. As such, these services are not included in this
proposal. It is assumed the ditch will be classified as surface water from top of bank
to top of bank.
iii. Engineering and ecological services related to mitigation plans are no included in
this proposal.
iv. The City will make all pertinent data available to Geosyntec, including copies of all
scanned documents. Hard copy documents will be made available for scanning.
v. This scope of services has assumed that the consultant will not be involved in any
public involvement meetings during the duration of the project.
BUDGET ESTIMATE
Geosyntec proposes to provide the services discussed herein for $36.594.00 on a lump sum
basis, in accordance with the terms and conditions specified herein and pursuant to our
contract with the City. The lump sum amount is based on our estimated budget for
cninecrs 1 scientists 1 innovators
Proposal for Ditch Dredging Design & Permitting South Centra! Ditch
Cape Canaveral, Florida
September 4, 2013
Geosyntec t'
consultants
performing these services, which includes the labor, subconsultant fees, and other direct
costs necessary to complete the work scope described in the proposal, as detailed in
Attachment A.
The budget estimate includes fees from specialty subcontractors as follows (copies of the
subconsultant proposals are included in Attachment B):
• Morgan & Associates - provide design plans & Specifications and permit preparation
services as well as surveying and mapping of the project area to support the project.
Project efforts will be billed to the City on a lump sum task percent complete basis, based on
the major tasks defined in the cost build-up spreadsheet in Attachment A. Individual
subconsultant and combined other direct costs will likewise be billed lump sum based on a
percent complete basis. Invoices will be structured to list project tasks (and subconsultant /
combined other direct cost) with accomplished percent complete, then corresponding budget
invoiced, overall budget expended and overall budget remaining. If requested, a separate
status report will be provided to the City's project manager providing a narrative of work
accomplished supporting the invoice.
SCHEDULE
Geosyntec and M&A can begin work immediately upon receipt of a Notice to Proceed from
the City. Work will commence and proceed in accordance with the schedule provided in
M&A's proposal in Attachment B.
CLOSURE
The scope, fees, and schedule provided herein are considered valid for 90 days from the date
of proposal unless otherwise noted. After 90 days, we reserve the right to reevaluate project
scope, fees, and schedule.
We appreciate the opportunity to work with the City on this project. Should you have any
questions or comments regarding this proposal, please do not hesitate to contact us at (407)
321-7030.
Sincerely,
Geosyntec Consultants, Inc.
Mark W. Ellard, PE, CFM, D.WRE
Associate, Water Resources
mellard@ eosvntec.com
cc: Andy Kirbach - Morgan & Associates
Attachments A - Fee Estimate
B - Subconsultant Proposal
engineers 1 scientists 1 innovators
Proposal for Ditch Dredging Design & Permitting South Central Ditch
Cape Canaveral, Florida
September 4, 2013
Attachment A
engineers 1 scientists I innovators
Geosyntec °
consultants
South Central Ditch Dredging
Cape Canaveral, Florida
Task
Associate
Rate , 2196.00
1 Mannino., Cost
EXHIBIT Al - FEE ESTIMATE
ProOct Professional
Rale •
Planhoun
6156.00
Cost
Staff Professional
Rate • 510500
Slanhours Coat
Drager/GOD Operator
Kate• SRA IV
Ilanhnurs Coat
IAdmin Asnstant
Rate 50600
Markhams 1 Cult
Date:
Bask
Activity
Amount
09/01/13
Flan.li.una
Averarr
Hourly
Rat,
Phase 1 - Design & Permitting
1 Peer QA1QC Review Sunny data
1.1 Review 6(006. Submittals
SUBTOTAL
2 Peer QA/9C Review 90%Const nrrrllnn Documents
2.1 Ron w 0166. Submittal:
SUBTOTAL
3 Peer 08/0C Review Droll 1'ernUt Ilucunicnls
3.1 Rmew 146.0Malin 11 talc
SUBTOTAL
4 Pier 93/90 Review 100%Conuruc0pn Documents
4.1 Reale w 14(0.1 Sid, dads
SUBTOTAL
0.5
0.5
i..
59.100
59931
11913.00
51
2
131600
1716.
S632.10
06326
511011
50.00
111110
50.0
00.00
50.00
1110 Rd
S415. 3(I
2.5
1000
50.00
n
SOW
50.0.
Sinn let
0010.6.
0
511.01
50.00
50.00
50.00
099.1.
599'
2
0316.00
1316.
n nn
10.00
0
1000
50.00
ti
10.00
50.00
1111.10
5415.
2.5
3166.00
5166.00
016600
6166.00
5166.00
516600
5166.00
016600
hose - Construction Monitoring
5 Post Design Q.1 /Q1
5,1 Restos SRA Su6m Malt 6 Construction Prgress•&teeth..
SUBTOTAL
roject filnnngenlent
6 Probes 34nageonrnt
61 Protect adminulratk,n setup
6.2 Management or technical atoll eflorls and general p1oie0l QA/QC
6.3 Status Meetings - Inst. preparallnn 6 minutes (assume up 1061
6.4 Monthly Preece5 tracking. schedule update 6 status reports
SUBTOTAL
1 111 11
Percent Breakdown
2
17
1396.00
53
5190.00
079200
SL100.�
11.180 +
03.3
1632130
00.00
6 0941..081
3 5474
9 11.422.00
51.9611.00 21
51:1
13%
SU BCONSt1LT315TS
Name
622211111
fe
Morgan & Asstxiates (Surveyor. QA/QC)
Total Subcnnsultant Fees:
Geosyntec°
consultants
S20,060.00
528,868.00
0.0%
IJ,O%
70.9%
5000
1060
00.00
S0.00
5000
00.011
0
0'
0::
S0.00
5000
5000)
5000)
500111
50.00
50.00 R
10.00
50.00
056.00
516.00
516
5160.1051
S1
110
6
0254.00 2
5114600 5
52.304.00 15 1
00036.00 12 1
51236.00 34 1
111' L1
5/, 13(1/.
49
400".
017133
117133
5127.00
0169.60
5153.60
1112.50
110400
TOTAL LLL I P SUM PECCnllPlIT.TIls\S
(1) Salary Cost (from above)
(2) 0ut-o1-I'ockel Fatpensea (refer to Exhibit A2)
(3) Suiltoul (Consultant's Fees) 1(11•(2)1
(4) S6hronstdl4nt'. Foes (from right)
57.72600
50.00
57,726.00
524060.00
'rnpo.ed Total Lump Sum Fee I(3)•J4)J
S36,594.00
Exhibit Al -Page 1 of 1
Proposal for Ditch Dredging Design & Permitting South Centra! Ditch
Cape Canaveral, Florida
September 4, 2013
Attachment B
engineers 1 scientists 1 innovators
Geosyntec
consultants
August 30, 2013
Mr. Mark Ellard, PE, CFM, D.WRE
Associate, Water Resources
Geosyntec Consultants, Inc.
6770 South Washington Avenue
Suite 3
Titusville, Florida 32780
Subject: Proposal for Engineering & Permitting Services
City of Cape Canaveral Central Ditch Dredging
Cape Canaveral, Brevard County, Florida
Dear Mark,
Civil Engineers and Land Survgors
We appreciate the opportunity to provide a proposal for consulting engineering/permitting services for
the dredging of the Central Ditch from Central Blvd. south approximately 1,000 ft.
My understanding of the requirements for the project is as follows:
Survey Phase
Field Survey the project area, which includes cross sections within the ditch.
Design Phase
Prepare exhibits for the maintenance dredging. Technical Specifications will be prepared for the dredging
work, if required.
Shoreline Resource Survey
Prepare a shoreline resource survey to locate protected vegetation (i.e. mangroves) along the shorelines
of the project area. A detailed map and written description of the protected vegetation will be prepared.
Permitting
The above information will be gathered into an application format and submit the package to SJRWMD or
FDEP and ACOE. In addition, environmental responses will be prepared, if necessary, to two SJRWMD or
FDEP and ACOE RAIs, including, but not limited to, narrative descriptions of impacts, site plan, associated
environmental maps and figures. Permitting will be coordinated with the client, City of Cape Canaveral,
the project engineer, the project surveyor, SJRWMD or FDEP, and ACOE to obtain all information
necessary for the completion of the responses.
Construction Phase
• Construction Observation — 2 visits
• As -Built Certification (SJRWMD or FDEP, ACOE, if required)
504 N. Harbor City Blvd. • Melbourne, FL 32935 • Phone (321) 751-6088 • Fax (321) 751-6089
This Proposal is Prepared Assuming the following:
1. Any boundary and topographic surveys will be provided in AutoCad format
2. All additional and historical utility information will be provided.
3. Activity is not located on Sovereign Submerged Lands (SSL) owned by the State of Florida
4. No offsite engineering/permitting is required.
5. No wetland or endangered species permitting is required.
6. All Application/Permit/Impact fees to be paid by the Owner.
7. Required Geotechnical Engineering/Report will be provided by the Owner.
8. An as -built survey prepared by a Professional Surveyor & Mapper, licensed in the State of
Florida, will be provided, if/as required to certify to the regulatory agencies.
SCHEDULES AND FEES
Schedules: Upon receipt of Owner's written authorization to proceed, Morgan & Associates will begin
work immediately.
Fees: The fee will be as follows:
Survey
Design
Permitting
Construction
Printing/Copies
$9,504
$9,408
$6,856
$2,700
$400
TOTAL $28,868
We propose to provide the above services for a lump sum fee of $28,868.00. Morgan & Associates fee
includes print costs for five (5) sets of plans for the Owner. Additional printing requested by the Owner
will be billed at $2.50 per standard construction sheet (24" x 36").
Morgan & Associates fees will be invoiced monthly based on a percentage of work completed and
payment will be due within 30 days. Interest of 1.5% will be invoiced on all accounts unpaid after 60 days
from receipt of invoice. Work will be stopped on all accounts unpaid for 180 days and a re -start fee will
be applied once account has been brought up to date. Additional services not included in the above tasks
will be billed at Morgan & Associates standard hourly rates or negotiated as a lump sum prior to beginning
work.
Compensation rates are based on ordinances, regulations and procedures in force on the execution date
of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any
significant modification in these ordinances, regulations, procedures, etc. shall be justification for re-
negotiation for the compensation due to the Consultant for the work involved.
It is understood that any and all professional liabilities incurred by Morgan & Associates throughout the
course of rendering professional services on this project shall be limited to a maximum of the net fee
received by Morgan & Associates, not including reimbursable expenses and sub -consultants, for all
services rendered on the project. Should it become necessary to obtain a third party to collect our fees
for services, the Owner hereby agrees to pay all costs of such collections including Attorney's fees.
The Owner and Morgan & Associates respectively bind themselves, their partners, successors, assigns and
legal representative to the other party to this Agreement and to the partners, successors, assigns, and
legal representatives of such other party with respect to all covenants to this Agreement. Neither the
Owner nor Morgan & Associates shall assign, sublet or transfer any interest in this Agreement without the
written consent of the other. The terms and conditions of this proposal are effective through September
30, 2013. Acceptance after this date may necessitate increased fees or altered conditions.
Sincerely, ACCEPTANCE:
Morgan & Associates Consulting Engineers, Inc.
Acln,dlJ K rbacli
BY:
Andy Kirbach, PE
Vice President TITLE:
DATE:
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 09/17/2013
Item No. 3
Subject: Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec
Consultants, Inc. for Surveying, Computer Modeling and Preliminary Engineering
Design Services related to the installation of a stormwater exfiltration/reclaimed water
disposal system beneath Canaveral City Park and authorize the City Manager to
execute same.
Department: Public Works Services
Summary: In recent years, there has been increased use of stormwater exfiltration
systems as a method of stormwater management. The use of exfiltration systems is
particularly suitable for small -footprint properties, areas where Targe parking lots are
required and in areas that are nearly built -out. In general, stormwater exfiltration
systems installed in sandy soils allow for the infiltration of stormwater to surficial
sediments in lieu of discharge to area water bodies via stormwater pipes. Recent
implementation of stricter Federal and State stormwater treatment/management laws
regulating the discharge of stormwater has also spurred the use of these systems. The
practicality of these systems is that they provide large areas for stormwater
management and do not require changes to existing land use. The City's new Fire
Station Project will use a stormwater exfiltration system (vault system) beneath the
parking lot area to reduce the amount of stormwater discharged to the City's existing
stormwater system. Documentation of an example stormwater exfiltration system
project (vault system) is included as Attachment #1.
Staff is proposing the installation of a stormwater exfiltration/reclaimed water disposal
system beneath the outfields of the Softball Diamond and Little League Field at
Canaveral City Park as outlined in Attachment #2. This would include the redirection of
area stormwater pipes to allow for the discharge of stormwater to the exfiltration system,
thus allowing infiltration into the surficial sediments. The specific type of exfiltration
system to be constructed at the site (vault system or exfiltration piping) will be
determined based upon results of computer modeling. Whichever system is utilized, it
would include the construction of an emergency overflow structure to allow for the
discharge of stormwater into the existing stormwater pipes for extremely large storm
events.
The Project is divided into two phases — the investigative phase (Phase 1) and the
engineering design phase (Phase 2). Phase 1 of this Project includes the following
tasks:
• Comprehensive survey (including collection of elevation data) of area manholes
and other stormwater structures;
• Development of a computer model simulating stormwater flow in the area of
Canaveral City Park;
• Completion of pollutant load analyses to receive stormwater credits from Florida
Department of Environmental Protection (FDEP) through the Total Daily
Maximum Load (TMDL) Program; and
• Review and analysis of conceptual alternative methods.
City Council Meeting Date: 09/17/2013
Item No.
Page 2 of 2
Phase 2 of the Project will be completed based upon the investigative results of the
Phase I activities. These investigative results will also be used to determine the viability
of using the selected exfiltration system for the disposal of excess reclaimed water from
the City's wastewater treatment plant (VVWTP). Use of the site as a reclaimed water
disposal site, if approved by FDEP, would eliminate the need to discharge treated
wastewater to the Banana River.
Since this proposed Project would remove a significant amount of stormwater
discharging through the existing stormwater system, the City may receive stormwater
credits from FDEP through the TMDL Program. These credits will be awarded based
upon the reduced amount of nitrogen and phosphorous discharged to the Banana River.
Recognizing the environmental importance of this Project and the need to continue to
reduce stormwater discharges to the Banana River, Staff included this Project in the
City's State Revolving Fund Loan Application submitted to FDEP. In addition, the City
will be applying for an EPA 319(h) grant through FDEP (60% - 40% match) to fund a
portion of the Project.
After review of engineering firm qualifications for similar -type projects completed in
other municipalities, Staff selected GeoSyntec Consultants, Inc. (GeoSyntec) of
Titusville, Florida to perform the Project tasks. GeoSyntec is one of the engineering
firms selected by the City for Professional Engineering/Surveying, Planning, Consulting
and Architectural Services in Request for Qualifications #2011-01. A Master Services
Agreement for these services has been signed between the City and GeoSyntec. A cost
estimate for this Project as prepared by GeoSyntec is included as Attachment # 3. This
cost estimate is for Phase I activities only.
Submitting Department Director: Jeff Ratliff j R/rte Date: 09/06/13
Attachments:
#1 — Example Project.
#2 — Location of Project Area.
#3 — GeoSyntec Cost Estimate.
Financial Impact: $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer
Modeling and Preliminary Engineering Design Services related to the installation of a
stormwater exfiltration/reclaimed water disposal system beneath Canaveral City Park to
be funded by SRF. Staff time and effort to prepare tf s -Agenda Item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Council take the following actions:
Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec Consultants, Inc. for
Surveying, Computer Modeling and Preliminary Engineering Design Services related to
the installation of a stormwater exfiltration/reclaimed water disposal system beneath
Canaveral City Park and authorize the City Manager to execute same.
Approved by City Manager: David L. Greene t91 -t.. Date: 9%51/3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications [ ]Tabled to Time Certain
Attachment #1
Example Project
(from Stormwater Magazine)
STORMWATER
STORAGE FOR
CUBESMART
HEADQUARTERS.
CubeSmart, the fourth larg-
est owner and operator of
self -storage facilities in the
country according to the
201 1 Self Storage Almanac,
is a self-administered and self -man-
aged real estate company focused on
the ownership, operation, acquisition,
and development of self -storage facili-
ties in the United States.
CubeSmart owns or manages 479
self -storage facilities across the country
and operates the CubeSmart Network,
which consists of approximately 850
additional self -storage facilities. The
company's services include stor-
age customization, logistics services,
comprehensive moving services,
organizational
services, and office
amenities. Its self -
storage facilities are
designed to offer
affordable, easily
accessible, secure,
and, in most
locations, climate -controlled storage
space for residential and commercial
customers, as well as boat storage and
mini -storage.
Recently, the organization chose to
expand its presence in Pennsylvania by
opening a location in East Whiteland.
Originally, the town envisioned that
the site would consist entirely of office
space, but when CubeSmart chose
to purchase the space, the company
decided to relocate its corporate
headquarters here and use the other
half for storage. The space is divided in
half, including Class A offices for 160
employees currently operating out of
the Wayne, PA, office, and self -storage
facilities.
Engineers from Nave Newell Inc.
were tasked with designing the new
location, which would
include the installation of a
stormwater management
system. Nave Newell is
a full-service civil engi-
neering, land planning,
landscape architecture,
and land surveying firm
based in King of Prussia,
PA. The firm specializes in
land development design
and approvals throughout
Pennsylvania, New Jersey,
Delaware, and Maryland.
The engineering team
from Nave Newell collabo-
rated with contractors at
Lyons & Hohl Site Contrac-
tors to develop the new
layout for the site and was
faced with a number of
onsite challenges when
designing the stormwater
?.-: , . v�i�''•w�S+i�suV ��au»rrr+a+•u„ utii�n� ��`. _
Asa ►ti�►ut+ r tix�}�N*,> >w� �� �.
1\1\11\ }? ).4
t r: u.,{{�{1^?� `• :rrr r.vrr�tiQ'({{(CCC�x{ \c
_--.�.{N.•!.•: 1J •.if :. ..: .... �• ...rrry
'oat
5.
.•
t 7• J • .' ' 4 'O
management system.
The engineers had to
overcome a 60 -foot
topographic grade to
establish the building
pad and parking area.
In addition, the site is
the last piece of land
to be developed at a
prominent intersec-
tion and is located
at the top of a steep
bluff. Because of this,
engineers were under
close scrutiny by the
township, county and
state regulators, and
8 stakeholders and had
to be mindful of the
quality of the receiving
watershed.
Nave Newel
engineers selected
the Cultec stormwater
system to detain or
temporarily store excess stormwater
onsite and allow for infiltration in
accordance With both township and
state regulations. Because the site is
located atop a steep bluff, engineers
had to be very careful in establishing
the discharge location. Runoff could
not be discharged directly over the
side of the bluff for fear of erosion
down the slope.
"We knew that any consistent flow
of runoff going over the side of the
bluff would eventually cause it to
erode and set other potential dangers
in motion," says Alex Tweedie, Nave
Newell design engineer. "In order to
prevent any chance of erosion, a pipe
was extended outside the area to cre-
ate a discharge site that would be able
to adequately receive the runoff"
Because only half of the site was
dedicated to office space, the demand
for parking was greatly reduced. Still,
engineers were faced with optimiz-
ing the grading to create enough level
pads for the parking and reserve park-
ing areas. The most efficient solution
was to install a subsurface stormwater
system. A grass field for reserve park-
ing was placed on top of the stormwa-
ter system, leaving space for approxi-
mately 100 additional parking spots.
Cultec stormwater chambers
replace conventional stormwater
retention or detention systems such
as ponds, swales, pipe and stone
trenches or beds, or concrete struc-
tures. The chambers may be used for
drywells and may be installed in trench
or bed configurations according to
site restrictions and client preference.
The contact area is maximized by the
fully open bottoms and perforated
sidewalls. The chambers are typically
installed beneath parking areas to
FORESTER UNIVERSITY PRESENTS
capitalize on use of space; however,
they may also be placed below grassy
areas.
Cultec offers the largest variety of
chamber sizes and is able to accom-
modate almost any site parameter,
whether large or small. With sizes from
8.5 to 48 inches tall, the chambers
have storage capacities ranging from
0.819 ft3/ft to 17.62 ft'/ft.
Given the restrictions of the site
terrain and the storage requirement of
Erosion Control Systems and T
'n Green Infrastruc
Jill Pach, 0PESI,
Earn 1 PDH10.1 CEUs!
Free Webinar! Tuesday, August 27 @ 2pm EDT / 11am PDT
At a time when much of our infrastructure is in need of repair, implementing erosion
control systems and green infrastructure can be the most cost-effective solution.
Join Jill Pack and Gabriel Weaver for a FREE webinar exploring how Implementing
effective erosion control systems in linear and waterway projects can enhance your
green infrastructure projects and cost savings.
Sponsored by Tensar North American Green
Tensar North American Green is the world's leading provider of comprehensive
erosion and sediment control solutions, ensuring cost-effective solutions with
exceptional results.
NORTH
AMERICAN
GREEN'
Register today @ ForeslerUniversity.netg aroreetew
BRI�GTECHNOLOGYTOOLS-ANYTIME,
ANYWHERE
FOR
September 2013 67
www.storrnh2o.com
93,397 cubic feet, Nave Newell engi-
neers chose to use Cultec s Recharger
330XL model for the system. With
a capacity of over 400 gallons, this
Cultec chamber is one of the larg-
est available. It provided a balance of
maximizing storage while using a small
footprint and best satisfied the require-
ments of the CubeSmart site. The unit
is 52 inches wide by 30.5 inches high
and has an installed length of 7.5 feet
with a bare chamber capacity of 7.5
cubic feet per linear foot. Because of
its size, the chamber can help save
land space and offer design flexibility.
In all, the subsurface Cultec system
provided 94,319 cubic feet of storage.
Cultec's chambers are dome-
shaped with perforated sidewalls and
fully open bottoms to allow maximum
infiltration. In addition, 25 HVLV FC -24
feed connectors were inserted into the
side portals of the Cultec stormwater
chambers to create an internal mani-
fold system. The feed connectors have
a larger flow capacity than a 12 -inch
(300 -millimeter) -diameter pipe.
gegister today � ett
4osesterUoiv°8aty •
68ISeptember 2013
www.stormh2o.com
Coupled with the plastic stormwater
chambers, the manifold created an
underground detention field that will
hold water until it can be cast out.
"We prefer to install an open
chamber system over a pipe sys-
tem because you get a much better
overall footprint," says John Hogan,
Nave Newell design engineer, "The
Recharger 330XL is a very efficient
chamber that has a lower volume in
the early stages of a storm"
Representatives of Lyons & Hohl
Site Contractors, which specializes in
residential and commercial turnkey
sitework projects, installed the subsur-
face system in less than three weeks.
The extensive bed included more than
700 chambers placed in 45 rows.
Cultec's No. 410 Filter Fabric encases
the entire bed, preventing soil intru-
sion into the chamber bed. The system
occupies 33,088 square feet. It also
required 7,264 tons of stone, which
provided a 40% void for the water.
The void spaces between the stone
add to the storage provided while also
assisting in alleviating the load above
the system.
"Cultec's chambers are created out
of lightweight polyethylene, mak-
ing the installation fast and efficient,"
says Mike Hohl, project manager with
Lyons & Hohl. "The entire system was
installed with only a handful of work-
ers. The chambers are durable and
corrosion resistant, and their interlock-
ing connections help facilitate a fast
and foolproof operation.'
According to Tweedie, Cultec
systems were a natural decision due
to the nature of the onsite condi-
tions. The subsurface system solved
the challenges of the topography
while maximizing the space above for
reserve parking. 6
For related articles:
www.stormh2o.com/project-design
Learn & Earn with Forester U
Hydraulics 101 (For Those Who Skipped It In College)
[)avid T. Williams, PI .D., P.E., PH, CFM, CPESC, D,WRE, President, DTW and Associates
3PDH /0.3CEU
At a loss when hydraulic engineers start talking? Join former IECA President David T. Williams to learn
to "talk the talk" and better understand your hydraulic engineers and their reports when they're talk-
ing in terms of unsteady flow, allowable sheer stress, Manning's "n", etc. In this 2 -part webinar, we'll
discuss the base concepts, terms, and analyses behind hydraulics and hydraulic studies, as well as
advanced topics (e.g., hydraulic scour of structures, weirs, culverts, hydraulic grade control, and bank
stabilization), and how all of these are essential for effective hydraulic design.
Permeable Pavement Master Class Series
David Hein, P.Eng.
V.P. of Transportation and Principal Engineer, Applied Research Associates
•tit .i, s, r:. s i. S:i;iliiaiii:': i'1. 4 PDH /0.4 CEU
Join David Hein for a comprehensive, online, real-time master class series exploring the ins and
outs of permeable pavement design, construction, and performance, including:
• On -Demand Introduction to Permeable Pavements
• On -Demand Design and Construction of Permeable Pavements
• •:T: i f Impact of Permeable Pavement Design and Construction on Performance
• Permeable Pavement Live Case Studies — the Good, the Bad, and the Ugly
And don't miss our FREE webinars!
• 27 Erosion Control Systems and Their Role in Green Infrastructure Designs 1 PDH / 0.1 CEU
• , :1 ' !, A New Way of Stormwater Management
—Applying Asset Management to Stormwater Programs 1 PDH / 0.1 CEU
Develop your skills and earn PDH/CEU credits at Forester University—without the hassle.
FU_SW1307.15kbn ,_Sh
Attachment #2
Location of Protect Area
Location of Project Area
Softball
Diamond
Attachment #3
GeoSyntec Cost Estimate
Geosyntec 1)
consultants
Mr. Jeff Ratliff, Public Works Services Director
Cape Canaveral Public Works Department
601 Thurm Blvd., P.O. Box 326
Cape Canaveral, FL 32920
Subject: Task Order No. 2013-02
Proposal for Stormwater Improvements Evaluation
City Park Stormwater Retrofit
Cape Canaveral, Florida
6770 South Washington Avenue, Suite 3
Titusville, Florida 32780
PH 321-269-5880
www.geosyntec.com
September 6, 2013
Dear Mr. Ratliff:
Geosyntec Consultants, Inc. (Geosyntec) is pleased to provide the City of Cape Canaveral
(City) with this proposal for the City Park stormwater retrofit project. Work will be
conducted pursuant to our June 2011 contract with the City for Engineering & Surveying
Services. Geosyntec will be assisted on the project by subconsultant Morgan & Associates,
Inc. (M&A).
BACKGROUND
The City Park Stormwater Retrofit project is located within City limits bounded by Monroe
Avenue (north), Harrison Avenue (south), Orange Avenue (west), and Magnolia Avenue
(east). The project area includes a primary storm sewer trunk line that runs adjacent to the
park area, draining from east to west, outfalling into the Banana River. The project site is
located within Section 23 of Township 24 South, Range 37 East. The study area is located
within the jurisdiction of the St. John's River Water Management District (SJRWMD).
The City is evaluating improvements to its drainage systems to reduce discharges of
pollutants associated with stormwater runoff into the Banana River. The reduction of
pollutants from stormwater (non -point source) discharges is required as part of the Basin
Management Action Plan (BMAP) developed to address the Total Maximum Daily Loads
(TMDLs) for the Banana River as part of the overall Indian River Lagoon (IRL) system. The
City Park lies adjacent to one of the City's primary storm sewer outfall systems. Open space
associated with the Park may provide an opportunity to implement BMPs to provide water
quality treatment of stormwater to help meet future BMAP-TMDL requirements. It is noted
that the City has not observed any significant flooding associated with this outfall system.
The City wishes to investigate the Park area to identify opportunities for retrofitting the
drainage system. The goal would be to provide treatment not only for the site runoff but also
for some portion of the runoff being conveyed via storm sewer from upstream and lateral
areas. Exfiltration as a BMP is believed to be the most advantageous option for stormwater
quality treatment. Hydrologic & hydraulic modeling would need to be conducted to evaluate
the level of service of the existing system and to establish a baseline for proposed system
performance. Water quality modeling would assess the degree of pollutant load reduction of
the proposed improvement concept relative to existing conditions. Once an improvement
concept is developed, preliminary design specifics can be conceptualized to estimate
engineers 1 scientists 1 innovators
Proposal for Stormwater improvements Evaluation
City Park Stormwater Retrofit
Cape Canaveral, Florida
September 6, 2013
Geosyntec '>
consultants
implementation costs and identify permit requirements. This would allow final design plans,
specifications, and permitting efforts to be initiated as a subsequent project phase.
SCOPE OF WORK
Geosyntec envisions that the overall project will be conducted in two phases: 1) Preliminary
Assessment and Improvement Conceptualization, then 2) Design & Permitting Phase. Phase
1 would be completed first to identify the improvement alternative the City wishes to move
forward with under Phase 2. This scope of work includes detailed scope and costs for
Phase 1 only. An outline of tasks for Phase 2 is included for informational purposes.
The following sequence of tasks is proposed for this project.
Phase 1 - Preliminary Assessment and Improvements Conceptualization
1. Data Collection — Collect and compile all relevant data necessary for the study from
the City, County, and regulatory agencies. This will include plans and permits, City
complaint logs, and the City's Stormwater Master Plan. GIS based environmental data
(LiDAR, soils, land use, floodplains, jurisdictional, etc.) will be collected as necessary
to support the development of a hydrologic & hydraulic model representation of the
outfall system.
2. Desktop Evaluation - Conduct a desktop evaluation to compile data from available
sources including topographical data and available plans and permits downloaded
from the SJRWMD which have pertinent drainage information for the surrounding
area. Al] relevant data would be imported into GIS geodatabases for data
management, digital elevation model development, and infrastructure mapping to
support hydrologic & hydraulic model development.
3. Field Reconnaissance - A site inspection would be conducted to observe site
conditions, drainage patterns, and inspect existing facilities in the project area. This
would include detailed inspection of the Park area and outfall system, photographic
documentation, and compilation of data. The following field activities will also be
completed:
o Field Survey - Morgan & Associates will conduct a topographical survey of the
City Park area and drainage infrastructure associated with the outfall system in
accordance with their subconsultant proposal included as Attachment B. This will
include inverts and sizes of upstream and downstream manholes, inlets, pipes,
associated with the main trunk lines and laterals. This outfall system survey will
detail the entire system due to the sensitivity of maintaining flooding level of
services associated with proposed improvement concepts. The surveyor will also
collect detailed topographical data from the Park area, as well as immediately
adjacent features which may impact construction and/or site access. This will
consist of establishing property and easement lines of the Park, establishing
control, collecting detailed topographic data suitable for 1 foot contour generation
of the Park area. Surveyor will also collect ancillary features including above
ground utilities, below ground utilities (based on surface markings from utility
locate service), infrastructure entering the project area, trees, mailboxes, etc.
engineers 1 scientists 1 innovators
Proposal for Stormwater Improvements Evaluation
City Park Stormwater Retrofit
Cape Canaveral, Florida
September 6, 2013
Geosyntec °
consultants
o Geotechnical Analysis - Geotechnical analysis will be required to evaluate
exfiltration option in the vicinity of the Park area. This will be provideci by City
consultant outside this scope of work.
4. Existing Conditions Analysis - Develop an existing conditions hydrologic &
hydraulic model in ICPR or SWMM of the area associated with the City Park and storm
sewer system contributing to the outfall. The model would be used to estimate runoff
from design storm events in the existing conditions and in a subsequent task be used
to evaluate the impact of the proposed improvements on drainage level of service.
The analysis would address the following:
o A model network (nodes/links) will be laid out in sufficient detail to properly
evaluate level of service of the storm sewer outfall system. Use of available
topography will be used to delineate subbasins contributing to the drainage
network inlet points.
o The model will simulate the mean annual 25, and 100 year 24 hour duration
storms for general flood impact. The 10 -year 1, 2, 4, 8, and 24-hour durations
storms will also be run to evaluate level of service under differing rainfall
intensity and rate impacts. Regional rainfall totals from the SJRWMD will be
used. Florida Modified and FDOT rainfall distributions will be used.
o The green-ampt rainfall excess method will be used to estimate runoff due to
the need to evaluate small rainfall depth storms and the potential use of the
model for long-term continuous simulations. This will require the estimates of
impervious area and soil infiltration properties from reference data and site
specific geotechnical information (provided by others).
o Because of the sensitivity of the storm sewer system to changes in hydraulic
grade line, and the significant influence of tailwater (tidal) in the system, it
will be prudent to model the outfall network in detail. This will allow for
accurate verification of flood stage and flow impacts in the system based on
proposed improvements, and allow for accurate evaluation of level of service.
o It is assumed that the 10 year level of service level would apply to the storm
sewer, while the 25 year level of service would apply to stormwater BMPs
associated with the Park.
o Model level of service results will be depicted on exhibits.
5. Improvement Conceptualization - Based on the results of the existing conditions
analysis, improvement alternatives will be conceptualized. The goal of this effort will
be to maximize the amount of stormwater to be diverted to a stormwater treatment
system (BMP) located at the City Park within the footprint area available for
exfiltration, while maintaining 10 year level of service in the associated storm sewer
system. A secondary goal would be to eliminate any level of service deficiencies
identified during the existing conditions analysis. It is expected that the
improvements will be based on exfiltration technologies. The improvements
conceptualization analysis will include:
engineers 1 scientists 1 innovators
Proposal for Storm water Improvements Evaluation
City Park Stonnwater Retrofit
Cape Canaveral, Florida
September 6, 2013
Geosyntec °
consultants
o Develop one (1) improvement concept configuration that redirects
stormwater to a centralized exfi]tration BMP location at the Park.
o The existing conditions model will be adapted to evaluate the performance of
the improvement concept. This task would include confirming design criteria,
hydraulic constraints, treatment performance, and acceptable configurations.
o Recommended conceptual layout of the proposed stormwater system BMP
improvement and associated drainage appurtenances will be developed and
depicted on CAD/GIS based exhibits.
o Improvement concept implementation feasibility will be evaluated using
multiple relevant criteria including: cost, flood reduction, water quality
improvement, constructability, utility conflicts, long-term maintenance
burden, permitting difficulty, and aesthetics/public acceptance.
6. Pollutant load analysis - A spreadsheet based loading model will be developed to
compare existing conditions to proposed improvements concept conditions. The
model will be setup on an annual load basis using an event mean concentration (EMC)
approach from reference data. The model will be compatible with the pollutant load
calculation methodology used in the current Indian River Lagoon BMAP-TMDL.
7. A Draft Technical Memorandum will be prepared for City review summarizing the
existing conditions and improvement conceptualization. A summary of the data
collected during the desktop evaluation and field reconnaissance will also be
included. The memorandum will include exhibits and backup modeling calculations
sufficient to support the conclusions and recommendations.
8. A Final Technical Memorandum will be prepared which incorporates City
comments and input.
9. Project Management - General project administration, client coordination,
subconsultant oversight, and correspondence/meetings.
DELIVERABLES
a. Two (2) copies of the draft Technical Memorandum will be provided for City review.
b. Three (3) copies of the final Technical Memorandum will be provided for City review.
A copy of the final Technical memorandum will be provided in PDF format, along with
copies of all relevant project data on a CD/DVD.
Based upon the results of the Phase 1 preliminary tasks described above, a Phase 2 effort
could be undertaken through which construction plans and documents for the preferred
stormwater retrofit design would be prepared and the project permitted. These services
would be covered by a separate scope of work (not included herein). Potential design tasks
are outlined below for informational purposes:
engineers 1 scientists 1 innovators
Proposal for Stormwater Improvements Evaluation
City Park Stormwater Retrofit
Cape Canaveral, Florida
September 6, 2013
Geosyntec 1>
consultants
Potential Phase 2 Desian Tasks
1. 30% Design Meeting - Discuss preliminary design layout, design constraints, and
plans production issues with City. Consultant would coordinate the meeting and
prepare minutes. Note that the results of the Phase 1 conceptual analysis may suffice
for this task.
2. SJRWMD Coordination - Prepare for and meet with the SJRWMD review staff to
discuss the proposed concept and identify permit issues and criteria to be met.
Consultant would coordinate the meeting and prepare minutes.
3. 60% Construction Plan Documents - After agreement on the 30% conceptual
design layout for the water quality units, prepare 60% construction plans and bid
documents for the City's review.
o Plan set would be 11"x17" format (or 24"x36" if preferred by the City) and
would be anticipated to include the following:
• Cover Sheet with Location and Benchmark References -1 sheet
• General Notes Sheet - 1 sheet
• Summary of Pay Items Sheet - 1 sheet
• Drainage Map - 1 sheet
• Typical Sections - 1 sheet
• Summary of Quantities - 1 sheet
• Summary of Drainage Structures - 1 sheet
• Survey Control Sheet (Project Layout and Benchmark Ties) - 1 sheet
• Plan and Profile - 4-8 sheets @ 1"=40' scale
• Cross -Sections - 4-8 sheets @ -50-100' intervals
• Drainage Structure Details - 1-2 sheets
• Miscellaneous Details - 1-2 sheets
• Geotechnical Soils Data - 1-2 sheets
• Erosion Control Plan - 2-4 sheets
• Stormwater Pollution Prevention Plan (SWPPP) - 1 sheet
• Maintenance of Traffic - 1-2 sheets
o Preliminary Cost Estimate.
o Prepare special and technical specifications for bid purposes.
4. 90% Construction Plan Documents - Upon receipt of comments from the City,
prepare 90% construction plans, engineer's cost estimate, and bid documents for the
City's review.
5. Utility Coordination - Forward copies of 90% plans to identified utility companies
to solicit input on possible conflicts. Reponses will be documented in a
memorandum.
6. Draft Permit Preparation - If a permit is determined necessary for the project,
prepare draft SJRWMD permit application documents for City's review concurrent
with 90% plans, including:
engineers I scientists 1 innovators
Proposal forStormwater Improvements Evaluation
City Park Stornnvater Retrofit
Cape Canaveral, Florida
September 6, 2013
Geosyntec
consultants
o Drainage Report including geotechnical reports.
o Permit application forms (assuming a standard general permit).
7. 100% Construction Plan Documents - Upon receipt of comments from the City,
prepare, 100% Construction Plans & Specifications, quantities, cost estimate, and
specifications for the City's review.
8. Final Permit Preparation & Submittal - If a permit is determined necessary for the
project, prepare and submit SJRWMD permit package including application forms,
drainage report, and 100% plans (incorporating any comments from City review of
draft permit documents). Address any requests for additional information (RAIs)
issued by the SJRWMD.
9. Final Construction Documents - Upon receipt of SJRWMD permit, prepare Final
Construction Documents to include final plans sign & sealed by a registered Florida
P.E., quantities, cost estimate, and specifications, incorporating any additional City
comments on the 100% review set. At this time, all data associated with the
construction documents would he transmitted on disk.
ASSUMPTIONS
i. No coordination or pre -application meetings with SJRWMD are included in this
current scope.
ii. The improvements conceptualization is limited to 1 concept, optimized to meet the
projects goals.
iii. No ecological, wetland delineation or environmental assessment will be necessary to
design and permit this project. As such, these services are not included in this
proposal. Engineering and ecological services related to mitigation plans are not
included in this proposal.
iv. Geotechnical assessment of the project site will be necessary to evaluate
improvement alternatives. It is understood that the City is procuring this work under
separate contract. A copy of the geotechnical testing results will be provided to the
consultant.
v. The City will make all pertinent data available to Geosyntec, including copies of all
scanned documents. Hard copy documents will be made available for scanning.
vi. This scope of services has assumed that the consultant will not be involved in any
public involvement meetings during the duration of the project.
BUDGET ESTIMATE
Geosyntec proposes to provide the services discussed herein for $76,596.00 on a lump sum
basis, in accordance with the terms and conditions specified herein and pursuant to our
contract with the City. The lump sum amount is based on our estimated budget for
performing these services, which includes the labor, subconsultant fees, and other direct
costs necessary to complete the work scope described in the proposal, as detailed in
Attachment A.
engineers 1 scientists 1 innovators
Proposal for Stormwater improvements Evaluation
City Park Stormwater Retrofit
Cape Canaveral, Florida
September 6, 2013
Geosyritec
consultants
The budget estimate includes fees from specialty subcontractors as follows (copies of the
subconsultant proposals are included in Attachment B):
• Morgan & Associates - provide surveying and mapping of the project area to support
modeling and improvements conceptualization. They will also provide peer review
QA/QC of the draft technical memorandum.
Project efforts will be billed to the City on a lump sum task percent complete basis, based on
the major tasks defined in the cost build-up spreadsheet in Attachment A. Individual
subconsultant and combined other direct costs will likewise be billed lump sum based on a
percent complete basis. Invoices will be structured to list project tasks (and subconsultant /
combined other direct cost) with accomplished percent complete, then corresponding budget
invoiced, overall budget expended and overall budget remaining. If requested, a separate
status report will be provided to the City's project manager providing a narrative of work
accomplished supporting the invoice.
SCHEDULE
Geosyntec and M&A can begin work immediately upon receipt of a Notice to Proceed from
the City. Work will commence and proceed in accordance with the schedule provided in
Attachment C.
CLOSURE
The scope, fees, and schedule provided herein are considered valid for 90 days from the date
of proposal unless otherwise noted. After 90 days, we reserve the right to reevaluate project
scope, fees, and schedule.
We appreciate the opportunity to work with the City on this project. Should you have any
questions or comments regarding this proposal, please do not hesitate to contact the
undersigned at (321) 249-9360.
Sincerely,
Geosyntec Consultants, Inc.
Mark W. Ellard, PE, CFM, D.WRE
Associate, Water Resources
mellardP eeosvntec.com
cc: Andy Kirbach - Morgan & Associates
Attachments
A - Fee Estimate
B - Subconsultant Proposal
C - Schedule
engineers I scientists I innovators
Proposal for Stormwater Improvements Evaluation
City Park Stormwater Retrofit
Cape Canaveral, Florida
September 6, 2013
Attachment A
engineers I scientists 1 innovators
Geosyntec °
consultants
City Park Storinvater Retrofit
Cape Canaveral, Hari la
Ta.k Arcnmy
Preliminary Assessment and Improvements Conceptualization
1 1141.1tn11rtl:nn
1.1 Cmnpdt 015 d.oa
1.2 0Ma16 and 1nmpltrannr. nl trinam 1440.464 Kt.,"
1.3 0hr4m ng9es of 5l,,ammer MNer Piing
1.4 OMam mtndaml Im:t amt mal 5.11111 tnamlennlae los.
SUBTOTAL
2.1 Rnlrwirxla.nnd4k QS data
22 Iknnalr 010,41 EloO2lm M.rkl
23 Rrntw antI rrlrm t JN410.20 r.ilrntd pi4m and 555202.
2.4 Rn)tw an eta rat 1.1,.2,.,e StrrmwarrlAnlrr Plan
25 Rrnr.r 51120$11.01.<.
SI1BT07AL
3.3 Prrryrr141J,a1ry104.4uaml tmrangmron plan
32 Pr.9nt arra n^I..m1.er 61416rre.n
3.3 040005 !kid In41.m1.4..d 16m0416414. dao
5111170741.
A4..rutc
Dat.' 5I ,.,
EXHIBIT Al - REE ESTIMATE
r».Rrt 2•64.mon.11
Rate • 5150.00
r/.arhoon GUI
4.1 0, arl..pl,.l1auII. model artwork
42 Il,'l ,Nr.uhM.marr0..
43 Arline lt,d Use P.N13n.n.,I,Otlnl4.ndalaln.m.nd.
4.4 Paramrlrrncl.0l,.,shr m.lrl Io.err.
43 Pmamrtcrlrt hmlmi.rer m.dcl
4.6 Gtrp anI nrrmt.Imo41o.na In !CPR
4.7 Etduate 041.l Irr6rrtuncr
4.0 Gnats 150110 044kl.lm94047.
4.92.50" 100,/ 14Sett0411331W.13151381trd0 454tarc 40.1110001 mora
4.10 Mlenittyamlimat•lm4Arms .dn.tretn
SUBTOTAL
5 lmrrmenrol I oarrptuallrAmn
5.1 Develop propmed.ynrp50 I1'lrrprleual
52 000010 t pr^ra.dnminu.n. FNini,eranl hsolrmllc meld
53 51146 4n1 crenae prop.nrd rom06m. motel nmul4lxma
5.4 P..u1varr lrrlat num.. of pmpn.ed annrrpm,l dr.td,t ant 0664r1
53 Exceule refined mdcl umu4tllm
5.6 A0nr l4vrl .450000011251 nlrxla110SnW Mol•^nl,Il4llu0e 5201.120015
5.7 Pnbm,uly de..004601rlw.
SUBTOTAL
6.1 00414140 40004d.hrn 0.301
6.2 Evaluate 47.141vy...51;um 1.131,00.
63 04J6t. snplo,rmrm Wrr14,,,04ud150.
311670TAL
Geosyntec°
consultants
3
0.5
05
5,300 0
Too
20.0 0.3
20 0 0.1
5066 6
10 00 1
10" 4
100V1
30 6
399.00
199.0 )
20.06((11
SO
20
5001J
104
10 01,(J1
3,0 ) 00
Sml J
33
00.00
1150.00
15sa00/
1350.1)
0474
Date:
09/06/13
SWIP1N.mmul Dr4It0JCADD Oper469 Adnan AolYam 1 04,45 Staaarran Avrra.;c
146. . 110503 Rate • Moo Rate . 35600 I Ao1.31y 4 51004414
Mmhmn Gu Manhrn Gat M401nan GM Arrant Art Rot.
4
1156.00 4
1116.00 4
131600, 4
579.00 1
179.00 1
594800 14
521020
0420.0.
3105
$105.01t)
3421100
5420.0 .
5420.06)
0521
1105y�
H
1176.00
102
141.01/1
0176.06
0
5113.00/ 2 3210.00
5632.00 a 1 1420.0•/1
Si5aol 4 1 3420.(10)
194000 30 s1.03a000//'6
01.064.00
11.264.00
3316.00
31.264.00
11.264.00
103:00
1412.00
11160.)
56321 3672
4
2
1
52 30316.00 43
3396.00 20 33.160.00
20.x. 4 1032.1
20.01 4 3632.06) 1
20 0 01.164. 1
4 3636iAU7 2
199.001 2 3116. J 4
3194.00 44 06.31nA 17
19900 I2 _ 1189600
20 a 4 1
m � e 0126441
39200) 24 13.792.001 a
1340.00
30
34225.0
342f
142 140 )6
1420.09
104446
fat
121
11.00
163600
122100'
sto ,o J
310
110 )
1210.0
1420.01!)
11.70500
6
5420.00
121112
33102
0
0
10.00
SILO11021
woo
10 d.6
10
soot)
w
10
10
30.00
10.0 1
1020
300 1306.001306.0 4 19(30
WA) 0170
5
601
30.0 fl 526321 2 1 3131101
so !Ili 1767 2 1 3131.501
30.0[066 21,490. 13 3114.62
10.011 157000 5 0115.
0o4. 1736''J 6 1 1122.671
d
$736..011 6 1 1022.671
30. J SIR415 1 1122.671
5107 1-5I 3127.671
3241 20 5120.90
30.00 336800 3 012167
3000 11.052 R 1 5131.501
10.0 • 157.1/ s I 1115.601
51.39066 16 112
fa0o
30.00
00.00
spoolsad
10.00
3020
10.00
1000
00.00
32303.00
3220361
3421.16
11,60401
11604.06
01032.06
334201
152606
0157226
19126
165
16,5
3
12
12
4
123
AS
10.00 012106.4 97
10.00
30.00
5000
10.00
00.00
00.00
10.00
30(30
3900
10.00
10.00
10.00
14.186.00 18
3841 )1 6
37:11 5
5 369 9
1421 1
1941. 65
11.3634 12.1
53
70
52.41500 165
3042 6
31,474 10
s4. 1 ass
313152
1133.52
1140.33
3140.33
3140.33
5131.50
0140.33
1131.50
0125.60
0144.77
1125.63
0149.50
0140.331
3147.401
1112.111
3140.33
3144.77
3109.04
314084
114636
3140.37
3147.40
314057
1*5100R Al - Page 1 of 2
City Park Stormwater Retrofit
C'opr• Callaerral, tTDrirla
Asvaarr
Ratr • 119800
Ta.I. Ann'Il• LIanhnura 0941
EXHIBIT Al - FEE ESTIMATE
rnoKa Plnpra0,, d 1.12140nsmtW
Rae • 111400 lialr • 110500
118660,96 0.911 04004/0, 091
7.1 Im„,dn.t,,.n10.00 1 511000 2
7.2 1'n4drm Orsrr,Ptn,n Aarmltrc SO I 1110:1 7
73 Dau C.41etta.n and koureHaanm• 50.66) 2 112606))) 4
7A 7pram'+G'(,FminrssrErrl ,m Narrator• 00001 4 1'632 0
731mnrnmr YEn : N+rrxm. 5006 4 %12 0
7. 046 Ysra 0.6 J 2 331606
7.70.ml6v,.n..0MRet.a9i6rni.01,9P.N4rrgm9 5A06) 1 515006 2
Pnhvt ytrmny and Snr Mars 10.06) 0.5 57906 I
IWr.n1runurr.n.IFn44rm Arcs M.a. SD.00 0.5 17906 2
T., rhi .1/11EM Map S� 0.5 179.06 2
S„ds. Lands., UL,WILm M.P. 1 ) 0.5 17906 2
7.04 6
4t611..un Mal. 0.0 0.5 179.00 2
Iltnanc C.mt19 rn M..t1 H..fr'I And LOS [.466x94. Mar fU ) 1 515006 4
rn1 uwtaryrn 6ru ria Pn411r.aodC,..."SslnmShrhh f0./( 2 332646 0
P.19..c,I C.91108m f1ndd N.tdr-IaM a0 LOS lxahahun Mar O 1 015000)
7.94147[p5 (1fay0'Tnh�•y�al Ml anL,m 4 1792.0 0.0
7.109 ram arvl ..nJt OruR 7.61004.) Slrrry nmd.nt int•, nlnlrc. 10.06) 2 135606) 2
SUBTOTAL 4 LIS 11711 ./. 13
0.1 Im,n I.narr C•,.nry Cemnumsam15lRWMO Input
O .2 QA/OC Revicw • F1tal T.. hn6:4 Metnam.1919
O .3 Pisa and Assemble Fid Tetbntsai Mr09040(19101119 Il9Wels
SUBTOTAL
9.1 66114.1 ndmminrnnnn.mlr
924t,94rrenen1 r.th0 1694nrRnn..tnd0 wrallamed QA/Q:
9.3 G.4A11.0ea941124/QC.119.m910491
9.4 SLhs 11cct6tts • IMI. ptrNr.2141 M maltltr. l+..0404.,9019 21
95 II,mhyp,. c,1 tn.tU .•che,luleurs1m 1.1419. rrya4h
SUBTOTAL
l
4
2
7
10.00 4
13961)
10.0)
5196 6
1144001 1
57920'
4
1396111 0
4
13 _ I4
5117tW 666 _6 21.
063200 0
100
131 _ J 2
194&00 10
_119000
1672.0 /){
11.500.10)
11ps0
soaot
0331t1
5210.00
1210.005
1010.0002��1(J� f
$47.0
1210.0. /1 D�6%�
11771000) 2 117600)
5210 4 175206)
1210 2 0176.06)
1.10 J 1176p
121006) :
1420 2 107641
1010.01) 8 0704.04)
1420144 3 S 6:
1:21ss 3 7
06400/0000 076045.,
R.00• 109000
414Moum CAN
Date: 09/06/13
Adnan M.ounr I Br6M 1.Wn.Mura Arrngr
Rare • 056.00 1 AamI), by 11o001y
11.07611104 Coil Amnuu 041169 Rate
10.0/00 50.00
10.001 0.0)
oo� So.
0� 0600)
,0 10.06
0.00
10.00J
SO.
00.00
10.00
0.00
00.00
10.00
00.00
00.00
1112.00
1113.00
104000 1 511200
122.001
120 J
4 2
21.01 4 5352a 2
1000 10.00 2
001 10. 1
00 0) 0000 2
161) 1*D J 1
SOIL�465 * 10+ 0 2
11 0
1168.00 3 1177.67
1360.06 3 117737
1776.06 6 1122.67
01,472.06 12 0122.67
11.47200 12 512767
1116.00 6 1122.67
136000 3 112267
146100 4.5 3101.77
164100 6.5 190.62
1445.00 4.5 S103.13
146500 43 110331
146500 4.5 0103.13
075400 7 0107.71
0106000 10 110313
5042.00 0 1105.25
179200 4 119000
1610.00 6 1100.73
512.907.00 1125 1114.73
10.00 11.02400 16 1114.00
0.00) 1346.00 2 419040
1112001 1610.00 6 1106.11
511200 33.050.0* 24 011000
111200 5460.00 4 0117.00
016.001 11.410.00 9 9164.44
1212.00)4 1149.14
056 51768.00 0 IS 1113.60
1112. 01.140 8 514250
$44000. 53.944.001 40 114640
6RANDTOTAI.S
P trent arr.lydm0ll
II 1. 011111
Name
Morgan h Associates (Surveyor, QA/QC)
Geosyntec°
consultants
Total Subrnrovhanl Feer.
Amma5
522560.00 26196
0.096
0.0%
521,560.0(2 20.191.
TOTAL LUMPSUM IEEIAN1UL1310N5
(I)Salary Goa (tram above)
(2)Outrol•Peclht Expenses (refer to Ezhlbn A2)
(3)Subtotal (CA00011101'1Fee11 ((1)•(2)1
(4) Suhtvnlaltant'a Bea (from right)
954391.0D
5645.00
155.036.00
12156600
'Inliuuvl1 1'044.11 Lump Num f0'. Il o•iul
ST1.,S'ih.1)11
Exhibit Al • Page 2 of 2
EXHIBIT A2 - REIMBURSABLE OUT -OF -POCKET -EXPENSES
City Park Stormwater Retrofit
Cape Canaveral, Florida
Photocopies
otars ,t
p
B/W Copies - 8X "x11"
B/W Copies -11 "x17"
Color Copies -81/z" x 11"
Color Copies -11"x17"
Scans
$%"x11 ", 832"x14'; 11"x17" sheet $0.10
Large Format B/W (17"x24'; 24"x36", 36'x48") sheet $2.00
Large Format Color (17"x24'; 24"x36", 36"x48") sheet $10.00
a . Size FSar6 6rid Plots (plans, public meetings, etc.?
24"x36" B/W Copies
24"x36" B/W Plot
24"x36" Color Copies
24"x36" Color Plot
36"x48" B/W Copies
36"x48" B/W Plot
36"x48" Color Copies
36"x48" Color Plot
Date: 09/06/13
copy $0.09 1000 $90.00
copy $0.10 50 $5.00
copy $1.00 250 $250.00
copy $2.00 50 $100.00
0
0
0
$0.00
$0.00
$0.00
sheet $3.00 0 $0.00
sheet $5.00 0 $0.00
sheet $7.00 0 $0.00
sheet $10.00 5 $50.00
sheet $5.00 0 $0.00
sheet $7.00 0 $0.00
sheet $10.00 0 $0.00
sheet $15.00 0 $0.00
171-11111
otal
Courier / Express Delivery Service
Public Works delivery
Downtown Cope Canaveral delivery
All other Central Florida areas (permits, etc.) delivery
Digital Archiving (include burning and labeling)
CD Data
DVD Data
Report Production
Binders with Tabs, Covers
iVfJWil'il'n�
& tviaCUr.alsl
Gator Board (3/16")
$20.00
$20.00
$25.00
0
0
$40.00
$0.00
$0.00
each 1 $5.00 0
each $10.00 1
each $20.00
sf
$10.00
$0.00
$10.00
$100.00
0
$0.00
Project Specifc Costs/Fees
GRAND TOTAL: $645.00
Geosyntec
consultants
Exhibit A2 - Page 1 of 1
Proposal for Stormwater Improvements Evaluation
City Park Stormwater Retro/it
Cape Canaveral, Florida
September 6, 2013
Attachment B
engineers 1 scientists 1 innovators
Geosyntec°
consultants
s
September 6, 2013
Mr. Mark Ellard, PE, CFM, D.WRE
Associate, Water Resources
Geosyntec Consultants, Inc.
6770 South Washington Avenue
Suite 3
Titusville, Florida 32780
Subject: Proposal for Surveying & Engineering Services
City of Cape Canaveral City Park Exflltration Project
Cape Canaveral, Brevard County, Florida
Dear Mark,
Civil Engineers and Land Surveyors
We appreciate the opportunity to provide a proposal for surveying and consulting engineering services
for the City Park Exfiltration Project. My understanding of the requirements for the project is as follows:
Survey Phase
Field Survey (Topographic) the project area and adjacent/contributing storm drain based on the exhibit
provided by Geosyntec. A boundary survey of the City Park site (approximately 2 acres) is included. Spot
elevations and/or 1' contours will be shown on the survey. Assistance may be required from the City to
remove storm drainage structure lids for access to accurately evaluate/survey pipe inverts and visually
verify pipe size. Please note that only above ground improvements will be shown on the survey. No
underground utilities will be shown unless marked by others and clearly visible at the time of survey. The
survey elevations will be based on NAVD 1988 datum. Horizontal control will be based on the State Plane
system.
QA/QC
Review draft and final reports and provide input/comments/recommendations.
This Proposal is Prepared Assuming the Following:
1. All additional and historical utility information will be provided.
2. Boundary/Right of Way Survey not included.
3. Construction Drawings/Technical Specifications by other
4. No permitting assistance is required
5. No wetland or endangered species permitting is required.
6. All Application/Permit/Impact fees to be paid by the Owner.
7. Required Geotechnical Engineering/Report will be provided by the Owner.
SCHEDULES AND FEES
Schedules: Upon receipt of Owner's written authorization to proceed, Morgan & Associates will begin
work immediately. The survey will take approximately 2-3 weeks and the QA/QC review will be based on
Geosyntec's schedule for deliverables.
504 N. Harbor City Blvd. • Melbourne, FL 32935 • Phone (321) 751-6088 • Fax (321) 751-6089
Fees: The fee will be as follows:
1 Survey
1 QA/QC
1
TOTAL
$17,880 1
$3,680 1
$21,560 1
We propose to provide the above services for a lump sum fee of $21,560.00. Morgan & Associates fee
includes print costs for five (5) sets of surveys for the Owner. Additional printing requested by the Owner
will be billed at $2.50 per standard construction sheet (24" x 36").
Morgan & Associates fees will be invoiced monthly based on a percentage of work completed and
payment will be due within 30 days. Interest of 1.5% will be invoiced on all accounts unpaid after 60 days
from receipt of invoice. Work will be stopped on all accounts unpaid for 180 days and a re -start fee will
be applied once account has been brought up to date. Additional services not included in the above tasks
will be billed at Morgan & Associates standard hourly rates or negotiated as a lump sum prior to beginning
work.
Compensation rates are based on ordinances, regulations and procedures in force on the execution date
of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any
significant modification in these ordinances, regulations, procedures, etc. shall be justification for re-
negotiation for the compensation due to the Consultant for the work involved.
It is understood that any and all professional liabilities incurred by Morgan & Associates throughout the
course of rendering professional services on this project shall be limited to a maximum of the net fee
received by Morgan & Associates, not including reimbursable expenses and sub -consultants, for all
services rendered on the project. Should it become necessary to obtain a third party to collect our fees
for services, the Owner hereby agrees to pay all costs of such collections including Attorney's fees.
The Owner and Morgan & Associates respectively bind themselves, their partners, successors, assigns and
legal representative to the other party to this Agreement and to the partners, successors, assigns, and
legal representatives of such other party with respect to all covenants to this Agreement. Neither the
Owner nor Morgan & Associates shall assign, sublet or transfer any interest in this Agreement without the
written consent of the other. The terms and conditions of this proposal are effective through September
30, 2013. Acceptance after this date may necessitate increased fees or altered conditions.
Sincerely, ACCEPTANCE:
Morgan & Associates Consulting Engineers, Inc.
Andiu f Orbach
BY:
Andy Kirbach, PE
Vice President TITLE:
DATE:
PROJECT NAME• City Park Stormwator Ronald, Cape Canaveral, Fbrida
TASKS 1 ACTIVITIES _
Tesk 1: Locafonfropo(Park Bounry Sudarvey
Data Collection
Field Work
Praparo Survey
Total Task f
Task 2: CIA/OC
Roviow Proliminmy Ropea
Total Task 2
SUBTOTALS
TOTAL LUMP SUM FEE COMPUTATIONS
Foo Subtotal
Roanbumablo Exponsos
PROPOSAL TOTAL LUMP SUM FEE
Princlpat
Hn Rato
.. $ 150.00
0 $
S 21.560.00
S
$ 21.560.00
Sr. Proloct Manner
Hrs Rato
$ 140.00
ATTACHMENT A
lar,
Prc act, Engtneor
Kra Rate
$ 120.00
Prorocii rrtoinoor
Mrs IRata
; 105.00
NAME OF FIRM: Morgan and Associates Consulting Enginoom. Inc.
Saptombor 6.2013
Adlmfntstration C/WU Oparalor I Ras. Land Surveyor
Ws I Rato Hrs Rata Hrs Rata
S 50.00 $ 79.00 $ 140.00
18 S
16 S
16 $
2,240.00
2,240.00
2,240.00
12 S 1,440.00
12 $ 1,440.00
12 $ 1,440.00 0
1
1s
•
0 S
40 S 3,160.00
40 S 3,160.00
12
6
8
28
S 1.680.00
S 1.680.00
S 1.12000
$ 3,920.00
Survey Craw Mantua
Hrs Rate
$ 150.00 eat?:
72 S 10,600.00
$•
72 $ 10,800.00
40 S 3,160.00 28 S 3,920.00 72 $10,800.00
REIMBURSABLE EXPENSES'
Mlaconnnoous Photo Cosies
Application Prhthna'
9Wuopxtnt Stxvicoa
Plotless Smvinoa
Total Out•o!-Pockot Expenses
O �b s
O Q S
O s
•Appscation printing vrtll indudo. but not bo Bmitod b. Cho !Gnawing:
Color coigos, covers. volo-bindinglsppiral bind ng rcporb. Glc.
0.25 $
50.00 $
2.50 S
15.00 S
S
Task_ I
Ootlar
Totals
12 S 1.680.00
80 $ 12.480.00
48 S 4.280.00
140 $ 17.aaa00
28 $ 3,680.00
28 S 3,880.00
168 $ 21,560.00
•
•
•
Proposal for Stormwater Improvements Evaluation
City Park Stormwater Retrofit
Cape Canaveral, Florida
September 6, 2013
Attachment C
engineers 1 scientists 1 innovators
Geosyntec°
consultants
ATTACHMENT C - PROPOSED PROJECT SCHEDULE SEPTEMBER 6, 2013
CITY PARK STORMWATER RETROFIT Page 1 of 1
CAPE CANAVERAL, FLORIDA
ID Task Name Duration I Start Finish September I Oft. I N,ovember I Den mh .r I 7anum
1/1 1 9/15 1 9129 I 10/13 1 10/27 1 11/10 1 11/24 I 17/8 1 12/22 1 1/5 I
1 Notice to Proceed 1 day Fri 9/13/13 Fri 9/13/13 - 9/13
' hase 1- Preliminary Assessment 67 days Mon 9/16/13 Tue 12/17/13 , ill • SI II i Ili I II Ilililliisigi II i, k 12/17
3 Field Topographic Survey Data Collection 20 days Mon 9/16/13 Fri 10/11/13 —10/11
4 1 - Data Collection 5 days Mon 9/16/13 Fri 9/20/13 /20
5 2 - Desktop Evaluation 10 days Mon 9/23/13 Fri 10/4/13
6 3 - Field Reconnaissance 5 days Mon 10/7/13 Fri 10/11/13
7 4 - Existing Conditions Analysis 10 days Mon 10/14/13 Fri 10/25/13
8 5 - Improvement Conceptualization 10 days Mon 10/28/13 Fri 11/8/13
9 6 - Pollutant Loading Analysis 5 days Mon 11/11/13 Fri 11/15/13
10 7 - Draft Technical Memorandum 5 days Mon 11/18/13 Fri 11/22/13 11/22
11 Submit Draft Technical Memorandum to City 1 day Mon 11/25/13 Mon 11/25/13 -11/25
12 City Review of Draft Technical Memorandum 10 days Tue 11/26/13 Mon 12/9/13 :- 1219
13 9 - Final Technical Memorandum 5 days Tue 12/10/13 Mon 12/16/13 x,12/16
0/4
0/11
10/25
11/8
14 Submit Final Technical Memorandum to City 1 day Tue 12/17/13 Tue 12/17/13 4:412/17
15 Project Close-out 1 day Wed 12/18/13 Wed 12/18/13 f 12/18
Geosyntec
consultants
Task
Summary
1 111 1111 I 1 111 111 1 1 11 Protect Summary fir' --'La' Manual Summary
%pi A I ; Manual Summary Rollup t , ,,., , „ , ,,,
City of Cape Canaveral
City Council Agenda Form
City Council Meetin pate: 9/17/2013
Item No.
Subject: Modification to Binding Developer's Agreement between the City of Cape
Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral Assisted Living
Facility.
Department: Community & Economic Development
Summary: The Site Plan Set dated June 14, 2011 and Binding Developer's Agreement
for the Casa Canaveral Assisted Living Facility were approved by Council on June 21,
2011. The Site Plan Set expired June 21, 2012 and was reapproved in September
2012. As the 12 -month life of the current Site Plan approval was nearing its expiration,
Staff met with developer, Danny Ringdahl, to discuss improvements to the Plan. Staff
expressed desire for increased vehicular visibility around the northwest corner of the
building and additional parking lot landscaping. In the interest of safety, Mr. Ringdahl
agreed to remove eight (8) living units from the northwest corner of the building, thereby
increasing visibility and allowing for a wider turning radius. He also agreed to add
landscaping islands in the parking areas.
While Mr. Ringdahl agreed to the revisions, he requested that the existing site plan be
reapproved and that the Developer's Agreement be revised to call for the site plan to be
revised after financing for the project had been obtained. The agreed upon revisions to
the site plan are being memorialized by amendment of the Developer's Agreement.
The Agreement calls for a revised site plan to be submitted to the City and approved
prior to the issuance of a building permit.
Submitting Director: Barry Brown rt?Pk\ Date: 09/09/13
Attachment: Modification to Binding Developer's Agreement.
Financial Impact: Staff time and effort to prepare Agenda item.
q&��_
Reviewed by Finance Director: John DeLeo Date: I' \'
The City Manager recommends that City Coun it take the following actions:
Approve Modification to Binding Developer's Agreement between the City of Cape
Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral Assisted Living
Facility. D -v-4-
Approved
'Approved by City Manager: David L. Greene Date: '7/ t //3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Katherine W. Latorre, Esq.
Assistant City Attorney of Cape Canaveral
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
CASA CANAVERAL
MODIFICATION TO
BINDING DEVELOPER'S AGREEMENT
THIS MODIFICATION TO BINDING DEVELOPER'S AGREEMENT
("Modification") is made by and between the CITY OF CAPE CANAVERAL, a Florida
municipal corporation ("City"), whose principal address is 105 Polk Avenue, Cape Canaveral,
Florida 32920, and PUERTO DEL RIO, L.L.C., INC., a Honda limited liability company
("Owner"), whose principal address is 750 North Atlantic Avenue, Suite 1209, Cocoa Beach,
Florida 32931.
WITNESSETH:
WHEREAS, the City and Owner entered into a Binding Development Agreement on
June 30, 2011, recorded in Brevard County Official Record Book 6418, Page 2633
("Agreement"), related to Owner's development of an assisted living facility on Owner's
property ("the ALF Property"); and
WHEREAS, the City and Owner desire to modify the Agreement to memorialize
Owner's obligation to formally revise the approved site plan for the ALF Property prior to the
City's issuance of any building permits for the development; and
WHEREAS, the City and Owner believe it to be in the best interests of both parties to
enter into this Agreement to effectuate the modified development of the ALF Property, subject to
the terms and conditions agreed to hereunder, and
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
MODIFICATION TO BINDING DEVELOPER'S AGREEMENT
City of Cape Canaveral / Puerto Del Rio, L L C
Page 1 of 3
2.0 Revision to ALF Site Plan. Owner agrees that prior to the City's issuance of any
building permits to develop the ALF Property that the ALF Site Plan, which was approved by the
City Council on June 21, 2011, is required to be amended to remove eight (8) units from the
northwest corner of the building and to add landscape islands to the parking areas consistent with
the requirements of the City Code. Owner's application to revise the ALF Site Plan shall be
submitted, reviewed and processed pursuant to the City's standard requirements and procedures
established by the City Code.
3.0 Other provisions. Any provision of the Agreement not expressly modified by
this Modification shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
dates indicated below.
ATTEST:
By
Angela Apperson, City Clerk
CITY SEAL
CITY:
City of Cape Canaveral,
a Florida municipal corporation.
Bye
Rocky Randels, Mayor
Date:
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Cape Canaveral,
Florida only.
By•
Anthony A. Garganese, City Attorney for
the City of Cape Canaveral, Florida
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
, 2013, by Rocky Randels and Angela Apperson, well known to me to be the
Mayor and City Clerk respectively, of the City of Cape Canaveral and acknowledged before me
that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true
act and deed, and that they were duly authorized to do so.
MODIFICATION TO BINDING DEVELOPER'S AGREEMENT
City of Cape Canaveral / Puerto Del Rio, L L C
Page 2 of 3
(NOTARY SEAL)
Signed, sealed and delivered in the
presence of the following witnesses:
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
OWNER:
Puerto Del Rio, L.L.C.,
a Flonda limited liability company.
By D Paul LLC, its managing member.
Danny P. Ringdahl, Manager
Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2013, by Danny P. Ringdahl, as Manager of D Paul LLC, managing member of
Puerto Del Rio, L.L.C., a Florida limited liability company. He is personally known to me or
produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
MODIFICATION TO BINDING DEVELOPER'S AGREEMENT
City of Cape Canaveral / Puerto Del Rio, L L C
Page 3 of 3
City of Cape Canaveral
City Council Agenda Form
City Council Special Meeting Date: 09/17/2013
Item No. ?
Subject: Resolution No. 2013-21; 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 an
effective date.
Department: Legislative
Summary: The City and the Cape Canaveral Volunteer Fire Department, Inc. (CCVFD)
entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection
and Emergency Medical Services to the City, via Resolution 2007-27, attached. The
City Council annually considers/approves a resolution authorizing an Addendum to the
original Contract which has a 10 year term that extends through September 30, 2017.
On January 17, 2012 the City Council approved an Agreement for Deed with the Cape
Canaveral Volunteer Fire Department, Inc., where CCVFD agreed to deed the fire
station property to the City. The City agreed to construct a new fire station within three
years and to extend the contract with CCVFD for 20 years from the date of the
certificate of occupancy for the new building.
Under the Addendum put forth, the parties agree as follows:
1. The Contract requires the City and CCVFD to re -negotiate the base Contract
price each year after the first year. The parties have agreed to a revised base annual
contract price for Fiscal Year 2013/14 year of $1,531,800 payable $127,650 monthly.
The total cost for Fire/Rescue services for FY 2013/14 is $1,752,461.
2. Provide for the twenty year extension of the contract upon issuance of the
certificate of occupancy for the new building.
3. Amend the language of Paragraph 18 to include "To the Extent permitted by law
and subject to the limitations set forth in Paragraph 22 of this Agreement,"
4. Amend the language of Paragraph 21 to reference the correct section of the City
Charter.
5. Amend the contract to cite the correct limits for sovereign immunity under Section
768.28, Florida Statutes.
6. Amend the contract to add language required by Florida Statute in relation to
Public Records.
7. Amend the contract to add a new paragraph related to the need for a written
lease for the new building.
8. Agree to keep Exhibit "A" to the Operating Equipment Lease Agreement updated.
9. Except as modified by this Addendum, the Contract shall remain in effect.
Submitting Department Director: Angela M. Apperson
Attachments: Resolution 2007-27 with attachments;
Resolution No. 2013-21 and addendum
Date: 9/10/2013
City Council Meeting Date: 09/17/2013
Item No. 3
Page 2
Financial Impact: As put forth in the City's 2013-2014 Annual Budget and reflected in
the 2013-2014 Contract Addendum, the City agrees to pay Cape Canaveral Volunteer
Fire Department, Inc. the base annual Contract price of $1,531,800. In monthly
installments of $127,650.
Reviewed b Finance Director: John DeLeo
The City Manager recommends that City Council tak
Adopt Resolution No. 2013-21.
Date:
the following actions:
Approved by City Manager: David L. Greene c9 Date: 7/4/3
City Council Action: [ ] Approved as Recommended [ 1 Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO. 2007-27
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR FIRE
PROTECTION, EMERGENCY MEDICAL SERVICES, AND AN OPERATING
EQUIPMENT LEASE BETWEEN THE CITY OF CAPE CANAVERAL,
FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire
Department, Inc. have entered into that certain Contract for Services dated September 25,
2007; and
WHEREAS, said Contract contains a ten (10) year term commencing on October 1,
2007, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc.
shall renegotiate the base contract price for each contract year after the first contract year.
NOW, THEREFORE, be it resolved by the City Council of the City of Cape
Canaveral, Brevard County, Florida as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an Agreement to
Contract for Services between the City of Cape Canaveral and the Cape Canaveral
Volunteer Fire Department, Inc. to provide for a base contract price for the contract year
October 1. 2007 through September 30, 2008. A copy of said Agreement is attached
hereto and made a part hereof by this reference as if fully set forth.
SECTION 2. The Mayor and City Clerk are authorized to execute an Operating
Equipment Lease Agreement between the City of Cape Canaveral and the Cape Canaveral
Volunteer Fire Department, Inc. for a (10) year term commencing on October 1. 2007 until
September 30, 2017. A copy of said Operating Equipment Lease Agreement is attached
hereto and made part hereof by this reference as if fully set forth.
City of Cape Canaveral, Florida
Resolution No. 2007-27
Page 2
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 25th day of September, 2007.
•
ATTEST•
•
•
•
•
•
•
Sump ;31i1Is,,. Citi Clerk
•.
•
.1
,,•
. •I
•
.. tot .
Approv- • ; s to Form:
Anthony A. Garganese, City Attorney
G
Rocky Randels, ayor
Name For Against
Robert Hoog X
Leo Nicholas Motion
Buzz Petsos Second
Rocky Randels X
Shannon Roberts X
a
•
CONTRACT FOR SERVICES
".
THIS AGREEMENT entered into this ZS day of September, 2001, by and between the QTY OF
CAPE CANAVERAL, Florida, (hereinafter called the Qty), and the CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a non-profit Florida corporation, (hereinafter called the Corporation).
WITNESSETH:
WHEREAS, the Qty of Cape Canaveral holds a responsibility to its citizens to provide adequate fire
protection and emergency medical services; and
WHEREAS, the electors of the City of Cape Canaveral bymajorityvote have directed the Mayor and City
Council to utilize the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection services;
NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in further consideration
of the payments hereinafter set forth, the parties hereto agree as follows:
1. The Corporation agrees to provide emergency fire protection and emergency medical services within the
Qty of Cape Canaveral, Florida.
2. The Corporation agrees to comply with any mutual aid pact or similar agreement entered into bythe Qty
providing for emergency fire protection services outside of the municipal boundaries of the City.
3. The Corporation agrees to respond to any other emergency situation when ordered to do so bythe Qty
Manager of Cape Canaveral, or his duly appointed designee.
4. The Corporation agrees to complywith all orders of the Fire Chief of the City of Cape Canaveral relating
to the providing of the services referred to herein.
5. The Corporation agrees to require its members to attend training sessions in order to achieve and
maintain the degree of proficiency required bythe State of Honda for firefighters. The Corporation also agrees to
undergo additional training as maybe required bythe Qtyat reasonable times and upon reasonable notice; special
training shall be administrated by a State Certified Fire Service Instructor. This expense will be in addition to the
amount determined in Paragraph 12 of this Contract, providing the City approves the special training request in
advance..
6. The Corporation agrees to establish Rules and Regulations for personnel and equipment. These Rules
and Regulations are to be in conformance with the intent of providing safe, competent, courteous, and reliable fire
protection service to the City. A copy of these rules and regulations are available for review by the City during
normal working hours.
7. The Corporation agrees to maintain attendance and training records and to allow the inspection or
copying of such records by the Qty upon two working days notice to the Corporation.
Page 1 of 5
•
8. The Corporation agrees to maintain at all times a minimum seven (7) firefighters per 24 hour shift.
Trained firefighter shall mean possession of State Certification as Firefighters, or greater. The Corporation shall
immediately notify the City Manager, in writing, should said 24 hour shift fall below seven (7).
9. The Corporation shall provide the City with the level of service and all support services incident thereto
as follows:
(a) At all times there shall be seven (7) trained firefighters on duty to respond to calls.
(b) The Corporation agrees to provide Advanced Life Support Services. The Corporation shall have one
a'minimum of two (2) Paramedics, and two (2) Emergency Medical Technicians on duty at all times. These
personnel can also be the personnel required in paragraph 9(a).
(c) The Fire Chief of CCVFD shall perform the duties as the City's Fire Chief for all prevention, fire, and
emergency medical services activity.
(d) The Corporation shall provide the services of a Fire Safetylnspector. The Fire Safety Inspector shall
perform those services on behalf of the City as are set forth in Florida State Statute 633, and the Qty Code of
Ordinances.
10. The Qty shall provide fire fighting equipment to the Corporation which shall be used within the
corporate limits of Cape Canaveral or in such other geographical area as determined bythe senior officer on duty.
The Corporation shall have the authority over the day to day use of said equipment in carrying out its duties
under this Agreement. Routine maintenance of said equipment shall be the responsibility of the Corporation.
Major repairs, defined herein as any repair exceeding five hundred dollars ($500.00) per occurrence, shall be the
responsibility of the Qty.
11. All personnel used by the Corporation in the performance of this Agreement shall be members or
employees of the Cape Canaveral Volunteer Fire Department, Inc.
12. The Corporation agrees to obtain Public Liability, Casualty and PropertyDamage Insurance, insuring the
Corporation and the Qty against any and all claims, demands, and causes of action for bodily injury or property
damage relating to the performance of anydutyor obligation herein set forth, including acts or omissions of the
Corporation's Paramedic and E mergency Medical Technician personnel. The limits of said policies shall be in the
amount of $1,000,000.00. The Corporation also agrees to provide Worker's Compensation coverage for the
firefighters so long as they are acting within the scope of their duties; and fire, storm, and property damage
insurance on the Fire Stations. The Corporation agrees to maintain the insurances required bylaw on its Defined
Benefit Retirement Plan. The Qty shall pay the Corporation, in addition to the other sums payable under this
contract, one-half (1/2) of the cost to the Corporation of the above described insurance. The Corporation will
provide the Qtywith copies of the certificates of insurance indicating that the Qty is an additional insured there
Page2of5
a
1
•
1
under.
13. The City agrees that in return for services specified herein, it will pay the Corporation the base annual
contract price of $1,200,720. The compensation provided for herein shall be paid monthlyin the sum of $100,060
per month commencing on the first day of October, 2007, and continuing on the first day of each month
thereafter. The base contract price for each successive year of this Contract shall be renegotiated by the parties
annually. The City further agrees that in the event of a catastrophic event, additional funding shall be provided by
the City for vehicles, equipment, personnel, and supplies, less any disaster relief funding provided by another
agency.
14. The City agrees to make an annual payment of one half (1/2) of the total cost to the Corporation for the
Volunteer Length of Service Award Program
15. The terms of this Agreement shall be for a period of ten (10) years, commencing on the first day of
October 2007, and ending on the thirtieth day of September, 2017.
16. This Agreement maybe terminated, or any terms thereof modified, altered, or amended at anytime by
mutual agreement of the parties hereto.
17. In the event either party defaults in the performance of any obligations under this Contract, and said
default continues for a period of thirty (30) days after written notice of such default, this Contract maybe canceled
at the option of the other party. No delayin enforcing any right hereunder shall be deemed a waiver of any rights
the non -defaulting party may have in these prernises.
18. To the extent permitted bylaw and subject to the limitation set forth in Paragraph 22 of this Agreement,
the City the Corporation each indemnifyand will hold the other whole and harmless from any and all manner
of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands,
losses and carriages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees and
court costs which maybe claimed by any third party to have resulted from or arise out of the intentional or
negligent acts of the employees, officers, or agents of the other, whether occurring before or after the City and
Corporation assumed the obligations of this agreement.
19. During the duration of this agreement, all disputes or disagreements between the parties relative to either
party's performance under the terms of this agreement, will be presented specifically, in writing, by the party
claiming the dispute. 'Thereafter, the responding partywill answer specifically in writing within thirty (30) days to
the claimant. Within fifteen (15) days thereafter, the parties will be at a mutually agreeable time and place to either
settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each partyshall submit the
issues to binding arbitration. The parties will choose a retired circuit judge as arbitrator. If the parties cannot
agree on an arbitrator, then an arbitrator will be selected by the Court pursuant to Florida State Statute 682.
20. Notice or other writing required or permitted under this Agreement shall be given to the Corporation,
Page 3 of 5
4
•
attention Fire Chief and/or President at 190 Jackson Avenue, Cape Canaveral, Florida, 32920; and to the Qty,
attention Qty Manager at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920.
21. This Agreement is subject to Article IV, section 4 of the City Charter and applicable provisions of the
City Code. Corporation agrees to fullycomplywith the Qty Code and any amendments to Article IV, section 4 of
the Qty Charter, or any other provision of the Qty Charter related to fire protection and emergency medical
services, which are approved by a majority of the qualified electors of the Qty at a duly held referendum. If the
qualified electors of the City, by referendum election, choose toeliminate the Qty Charter provision which
requires the Qty to contract with the Corporation, or Article IV, section 4, is declared invalid by a court of law,
the Qty shall have the right to terminate this Agreement with thirty (30) days written notice to the Corporation. If
the Qty elects to terminate this Agreement, the Qty and Corporation shall have no further liability or obligation
under this Agreement. In addition, should the Qty elect to create its own fire department upon termination of
this Agreement, the Qty will give preference to the hiring of the paid employees of the Corporation, with the
exception of the Fire Chief, provided said employees can satisfythe minimum hiring standards of the Citythat are
in place at the time of hiring. Said preference will expire six months from the date that the City creates its own
fire department.
22. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement
shall be construed as a waiver of the Qty's right to sovereign immunityunder section 768.28, Florida Statutes, or
other limitations imposed on the Qty's potential liability under state or federal law. As such, the Qtyshall not be
liable under this Agreement for punitive damages or interest for the period before judgment Further, the Qty
shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred
thousand dollars ($100,000.00), 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 ($200,000.00). This paragraph shall survive
termination of this Agreement.
Page 4 of 5
1
IN WITNESS WHEREOF, the undersigned QTY OF CAPE CANAVERAL, FLORIDA, by its duly
authorized officers, has executed this instrument this jet day of September 204.
•
ATTEST:
•
•
Susan Stills, City Clerk
.(CORPORATE SEAL)
.
r
QTY OF CAPE CANAVERAL, FLORIDA
A municipal corporation
B. c0 04,va
Rocky Randels, mayor
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC, a non-profit corporation, by its authorized officers, has executed this instrument this
day of September 20 .
.ATTEST:
Brian TeekSecretary
(CORPORATE SEAL)
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT C., a non, •• ro rporation.
By:
dJ.S
Page5of5
OPERATING EOUIPMENT LEASE AGREEMENT
The QTY OF CAPE CANAVERAL (QTY) as Lessor, and the CAPE CANAVERAL VOLUNTEER
FIR,EEyDEPARTMENT, INC. (OCVFD) as Lessee, enter into this Operating Equipment Lease Agreement this
Zf `day of September, 2007, and agree as follows:
1. The QTY leases the fire equipment and fire vehicles listed on attached Exhibit "A" to the
CCVFD for the use of the CCVFD in performing its obligations under the fire service contract between the
parties dated the 2'' day of September, 2007.
2. The parties hereto acknowledge that title to the fire equipment and fire vehicles is and shall
remain in the QTY at all times during the term of the lease.
3. The CCVFD will pay the QTY the sum of $1.00 for the term of the lease of said equipment.
4. The CCVFD agrees to keep the leased equipment in good repair and condition and further
agrees to use said equipment only for the purposes set forth in the above referenced fire service contract.
5. The CCVFD agrees to maintain propertydamage, theft, and liab' 'tyinsurance on said equipment
during the term of this lease in policy amounts acceptable to the QTY.
6. The term of this lease shall be from 1st day of October, 2007 until the 30th day of September,
2017, unless sooner terminated by the mutual agreement of the parties. In the event the fire service contract
between the parties is terminated prior to the 30th day of September, 2017, this lease shall terminate
simultaneously.
•
IN WITNESS WHEREOF, we have set our names and seals on the date above written.
LESSOR QTY OF CAPE CANAVERAL, FLORIDA, a
municipal corporation
By: O
RockyRandels, Mayor
ATTEST:
Susan tills, Zity Clerk �+
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this $ dayof Neielnitt , 2007 by
RockyRandels, on behalf of the CITY OF CAPE CANAVERAL, who is personally known to me and who did
not take an oath.
III 1 11 111
LESSEE:
eek, Secre
STATE OF • RIDA
COUNTY OF BRE VARD
The foregoing instrument was acknowledged before me this CMdayof %Doc,, eve , 2007 by
David J. Sargeant, on behalf of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., who is
personally known to me and who did not take an oath.
MY COMMISSION 1 OD 408260
EXPIRE`. clan 16.2009
erdwBV' : • undo/wars
•, m% ....,.w.
N
My Commission expires:
(SEAL)
CAPE CANAVERAL VOL E
DEP• '�L����1 ' , a n•prof o , • ration
By:
David J. Sarggatnt, Fief/CEO
NOTARY PUBLIC
My commission expires: CcF Z z, Z1P5/
(SEAL)
NOTARY PUBLIC -STATE, Ol• FLORIDA
Heidi Strickland
Commission # DD476536
Expires: OGT. 22, 2009
Bonded Tru Atlantic Bonding Co., Inc.
•
YEAR
1991
2005
1997
2002
2001
2004
2005
2003
2001
2003
2007
i
EXHIBIT "A" - CITY
MAKE/MODEL
Intemational/Pierce Eng52
Pierce Quantum Pumper SQ52
Hacknee International Support52
Pierce Quantum Ladder Trk52
Pierce F550 MiniPumper SQ53
Ford Ranger Pickup Fire Inspector
Ford F250 Pickup F5
Ford Crown Victoria F1
Ford Expedition District53
Dodge Intrepid
Ford Expedition
VIN#
1 HTSONZR5NH401331
4P1 CUO1 S65A005326
1 HTSDADNOVH409832
4P1CT02562A002116
1 FDAW57F21 EB19338
1FTZR45E44TA17915
1 FTSW205X5EB62453
2FAFP71 W83X119198
1 FMPU16LX1 LA72488
2FAFP71 W6YX164342
1 FMFU16557LA42207
OWNERSHIP
CITY
CITY/PORT
CITY/PORT
CITY/PORT
CITY/PORT
CITY/PORT
CITY/PORT
CITY/PORT
CITY/PORT
CITY/PORT
CITY/PORT
n
RESOLUTION NO. 2013-21
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; 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 AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department,
Inc. have entered into that certain Contract for Services dated September 25, 2007; and
WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 2007, and
provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the
base contract price for each contract year after the first contract year.
NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to the
Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire
Department, Inc. to provide for a base contract price for the contract year October 1, 2013 through
September 30, 2014. A copy of said Addendum is attached hereto and made a part hereof by this
reference as if fully set forth.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTION PAGE FOLLOWS:
City of Cape Canaveral, Florida
Resolution No. 2013-21
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day
of September, 2013.
ATTEST:
•
Angela Apperson, MMC,
Assistant City Manager/City Clerk
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name For Against
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
ADDENDUM
CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES
THIS ADDENDUM is entered into this 1st day of October 2013, by and between the
CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter "City"), and the CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation
(hereinafter called the ` Corporation").
WHEREAS, Corporation currently provides fire protection and emergency medical
services to the City and its citizens pursuant to City Charter and that certain Contract for Services
approved by the parties and memorialized in writing by City Resolution 2007-27, as amended
(hereinafter "Agreement"); and
WHEREAS, the current term of the Agreement expires on September 30, 2017; and
WHEREAS, the City is currently in the process of awarding a bid to construct a new fire
station on real property that will be acquired from the Corporation in accordance with that
certain Contract for Deed, dated January 17, 2012; and
WHEREAS, at such time the new fire station is constructed and a certificate of
occupancy issued by the City, the parties desire to extend the term of this Agreement for a period
of time equal to twenty (20) years from the date that the certificate of occupancy is issued by the
City; and
WHEREAS, in accordance with past practices under the Agreement, the parties also
desire to establish a base contract price for City fiscal year 2013/2014 in accordance with the
City's annual budget process; and
WHEREAS, when the Agreement was approved by the City Council in 2007, certain
terms were recommended by the City Attorney and approved by the City Council, however, the
parties cannot determine whether the terms were actually included into the final draft of the
Agreement; and
WHEREAS, the parties desire to amend the Agreement for purposes of adopting the
base contract price for the City's fiscal year 2013-2014, memorializing certain terms
recommended by the City Attorney in 2007 and adopted by the City Council by reference when
Resolution 2007-27 was adopted, modifying the term of the Agreement when the new fire station
is constructed, and complying with a recent change in law regarding public records; and
NOW THEREFORE, in consideration of mutual promises, and other lawful
consideration, which the parties hereby acknowledge is sufficient and received, the City and the
Corporation agrees as follows:
1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully
incorporated herein by this reference.
2.0 Pursuant to Paragraph 13 of the Agreement, the base annual contract price for City
fiscal year 2013/2014 shall be $1,531,800.00. The compensation provided herein shall be paid
Wage
monthly in the sum of $127,650.00 per month commencing on the first day of October 2013 and
continuing on the first day of the month thereafter. The parties shall negotiate the base contract
price for each successive year of the Agreement annually.
3.0 At such time the City issues a certificate of occupancy for the new fire station
building to be constructed on the real property legally described below, Paragraph 15 of the
Agreement shall immediately be deemed amended to read as follows:
The term of this Agreement shall be for a period of time of twenty (20) years,
commencing on the date that the City issues a certificate of occupancy for the new fire
station building to be constructed and located on real property legally described as Lots 7,
8, 15 and 16 Block 25 AVON BY THE SEA, a subdivision according to the plat thereof
recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida.
4.0 Paragraph 18 of the Agreement is hereby amended to read as follows:
To the extent permitted by law and subject to the limitations set forth in Paragraph 22 of
this Agreement, the City and the Corporation each indemnify and will hold the other
whole and harmless from any and all manner of action and actions, causes and causes of
action, suits, trespasses, judgments, executions, claims and demands, losses and damages,
and costs and expenses of any kind whatsoever, including reasonable attorney's fees and
court costs which may be claimed by any third party to have resulted from or arise out of
the intentional or negligent acts of the employees, officers, or agents of the other, whether
occurring before or after the City and Corporation assumed the obligation of this
Agreement.
5.0 Paragraph 21 of the Agreement is hereby amended to read as follows:
This Agreement is subject to Article IV, section 4.05 of the City Charter and applicable
provisions of the City Code. Corporation agrees to fully comply with the City Code and
any amendments to Article IV, section 4.05 of the City Charter, or any other provision of
the City Charter related to fire protection and emergency medical services, which are
approved by a majority of the qualified electors of the City at a duly held referendum. If
the qualified electors of the City, by referendum election, choose to eliminate the City
Charter provision which requires the City to contract with the Corporation, or Article IV,
section 4.05, is declared invalid by a court of law, the City shall have the right to
terminate this Agreement with thirty (30) days written notice to the Corporation, If the
City elects to terminate this Agreement, the City and Corporation shall have no further
liability or obligation under this Agreement. In addition, should the City elect to create
its own fire department upon termination of this Agreement, the City will give preference
to the hiring of the paid employees of the Corporation, with the exception of the Fire
Chief, provided employees can satisfy the minimum hiring standards of the City that are
in place at the time of hiring. Said preference will expire six months from the date that
the City creates its own fire department.
6.0 The Agreement is hereby amended to add a new Paragraph 22 as follows:
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
2IPage
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 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). This
paragraph shall survive termination of this Agreement.
7.0 The Agreement is hereby amended to add a new Paragraph 23 as follows:
In accordance with section 119.0701, Florida Statutes, Corporation 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. Corporation 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.
Corporation 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. Corporation 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, Corporation shall meet all requirements for retaining
public records and transfer, at no cost, to the City all public records in possession of the
Corporation 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 Corporation 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 Corporation 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 Corporation's failure to
comply with the provisions of this Paragraph, the City shall be entitled to collect from
Corporation prevailing party attorney's fees and costs, and any damages incurred by the
City, for enforcing this Paragraph against Corporation. 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 Corporation's failure to comply with the
provisions of this Paragraph. This Paragraph shall survive the termination of this
Agreement.
8.0 The Agreement is hereby amended to add a new Paragraph 24 as follows:
During the Term of this Agreement, the Corporation shall lease from the City, the fire
station located on the real property legally described as Lots 7, 8, 15 and 16 Block 25
AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book
3, page 7, Public Records of Brevard County, Florida. The lease shall be subject to this
3IPage
Agreement and certain terms and conditions of a written lease agreement that is approved
and executed by the parties. To the extent of any conflict between this Agreement and
the written lease, the conflicting terms and conditions more favorable to the City shall
apply.
9.0 The parties agree to keep the Operating Equipment Lease Agreement, dated
September 25, 2007, updated at all times including, but not limited to, the equipment list
set forth on Exhibit "A."
10.0 The Agreement is hereby ratified and shall remain in full force and effect
provided, however, the terms and conditions of the Agreement which are modified by
this Addendum are repealed and superseded by the provisions set forth herein. On a
periodic basis the parties agree to cooperate and meet to discuss updates and revisions.
11.0 The undersigned signatories hereby represent for their respective entities that they
are duly authorized to execute this Addendum on behalf of their respective entity.
Further, upon execution of this Addendum, the Addendum shall be deemed a binding
obligation on their respective entity on whose behalf they have executed the Addendum.
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: CORPORATION:
City of Cape Canaveral Cape Canaveral Volunteer Fire Department, Inc
Rocky Randels, Mayor
Date:
ATTEST:
Angela Apperson, City Clerk
David Sargeant, Fire Chief/CEO
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY FOR THE
CITY OF CAPE CANAVERAL ONLY:
Anthony A. Garganese, City Attorney
4IPage
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 09/17/2013
Item No.
Subject: Resolution No. 2013-22; authorizing an Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as
Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions,
severability and an effective date.
Department: Legislative
Summary: Wayne Ivey, elected November 2012, replaced J.R. "Jack" Parker as
Brevard County Sheriff. The current Agreement for Municipal Law Enforcement
Services with the Brevard County Sheriff's Office commenced on October 1, 2011 and
remains in effect through September 30, 2013.
The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard
County, Florida, hereinafter referred to as "Sheriff' or "BCSO", shall enter into an
Agreement for BCSO to provide Municipal Law Enforcement Services. This Agreement
contains a two (2) year term commencing on October 1, 2013 and ending September
30, 2015, and provides the City and the Sheriff shall renegotiate the Agreement price
each year for the term of the Agreement.
Article 1 — Definitions for the Agreement.
Article 2 — The Level of Law Enforcement Service, which is 24-hour law enforcement
service with a minimum of two deputies on patrol. It also establishes the staffing levels
for the Agreement.
Article 3 — Identifies Ancillary Services available such as, but not limited to, county -wide
Selective Enforcement Unit; Aviation Unit; Prisoner and Detention Center Services;
Homicide/Major Crimes Unit; K-9 Services; Crime Scene Unit; Watercraft/Boats and
Dive Team.
Article 4 — Capital Equipment purchases are the BCSO's responsibility. Vehicles
previously purchased by the City will be returned to the City when they are replaced or
the Agreement is terminated. The City agrees to provide facilities for use by BCSO.
Article 5 — All persons employed to perform the services, functions and responsibilities
of the Agreement are employees of BCSO. The City is not liable for payment of salaries,
wages, contributions to pension funds, insurance, workers' compensation, etc.
Article 6 — The Sheriff has full and complete responsibility for the control of the
standards of performance, discipline of personnel and other matters related to the
services, duties and responsibilities of the Agreement. The City Manager has the right
to request transfer of personnel who, by mutual agreement, fail to perform in a manner
consistent with standards of the Agreement.
Article 7 — Sets the compensation the City will pay BCSO. Provides for FY 13/14 the
City will pay $2,531,345. This represents the total Contract price of $2,655,345 minus
$124,000 credit for services provided to Avon -by -the Sea. Monthly payments of
$210,945.42 will be made to BCSO.
Article 8 — Patrol units must be prominently marked with the name "Cape Canaveral".
Article 9 — This Article deals with natural disasters, emergency operations and funding
for same.
Article 10 — Establishes that the City is responsible for application; administration and
Special City Council Meeting
09/17/2013
Item No.
Page 2 of 2
disposition of grants.
Article 11 — This Article sets forth insurance requirements/responsibilities of the parties.
Article 12 — Provides for distribution of Forfeiture Funds collected from operations
originating by personnel assigned to the Precinct; and when personnel assigned to the
Precinct participate in operations outside of the City.
Article 13 — This Article sets forth how Police Education Income Funds will be
distributed for continuing professional education of personnel assigned to the Precinct.
Articles 14 through 22 — These Articles cover standard Contract provisions including,
but not limited to, Hold Harmless Clause; Disputes and Disagreements; Notice; Term of
Agreement; Modification; Termination; Legality of Agreement; Totality of Agreement;
and Public Records.
Submitting Department Director: Angela M. Apperson 0 Date: 09/09/2013
Attachments:
Resolution No. 2013-22 and BCSO Agreement
Financial Impact: As reflected in the City's 2013-2014 Proposed Annual Budget and
reflected in the 2013-2015 Agreement, the compensation to be paid by the City to
BCSO shall be $2,655,345 Tess $124,000 credit for Avon -By -The -Sea for a net pay cost
of $2,531,345 for FY 2013-2014.
Reviewed by Finance Director: John DeLeo Date: Cl
The City Manager recommends that City Council tak the following action(s):
Adopt Resolution No. 2013-22.
Approved by City Manager: David L. Greene .9 - Date: ///v/43
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications [ 1 Tabled to Time Certain
RESOLUTION NO. 2013-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN
AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE
IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE
REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law
Enforcement Services; and
WHEREAS, said Agreement contains a two (2) year term commencing on October 1, 2013
and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the contract
price each year for the term of the contract.
NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by this reference.
•
SECTION 2. Agreement for Municipal Law Enforcement Services. The Mayor and
City Clerk are authorized to execute an Agreement for Municipal Law Enforcement Services
between the City of Cape Canaveral and the Sheriff to provide services for the contract year
October 1, 2013 through September 30, 2015. A copy of said Agreement is attached hereto and
made a part hereof by this reference as if fully set forth.
SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council are hereby expressly repealed to the extent of the
conflict.
City of Cape Canaveral
Resolution No. 2013-22
Page 1 of 2
SECTION 4. Severability. If any section, clause, phrase, word, or provision of this
Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the validity of the remaining
portions of this Resolution.
SECTION 5. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of
September, 2013.
ATTEST:
Angela Apperson, MMC, Assistant
City Manager/City Clerk
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
For Against
CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT
FY 2013/2014 — FY 2014/2015
This Agreement made and entered into this day of , 2013
by and between the City of Cape Canaveral, a municipality, chartered in the
State of Florida, by and through its elected City Council, hereinafter referred to as
the "CITY", and Wayne Ivey, in his capacity as the Sheriff of Brevard County,
Florida, a county constitutional officer and a county charter officer, hereinafter
referred to as the "SHERIFF" or "BCSO".
WITNESSETH
WHEREAS, the CITY is located within Brevard County, Florida; and
WHEREAS, the CITY is desirous to contract its law enforcement services to
the SHERIFF; and
WHEREAS, BCSO is authorized by law to exercise its authority throughout
Brevard County, including within the City of Cape Canaveral.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and
promises set forth in this Agreement, the receipt and legal sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
ARTICLE I, DEFINITIONS:
The following terms shall have the respective meanings hereinafter set forth for
the purposes of this Agreement.
1. Administrative Assistant: A non -sworn exempt employee of the
SHERIFF whose primary duties are of an administrative role and
management of the administrative functions of the Commanding Officer.
2. Commanding Officer: The sworn law enforcement officer of executive
rank employed by the SHERIFF and designated to administer the
contractual services as provided by this Agreement. The Commanding
Officer is responsible for the delivery of services, discipline of the
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 1 of 18
personnel under their command, and to act as liaison with the City
Manager, Cape Canaveral.
3. Consideration Agreement: A legally binding written agreement executed
by both the SHERIFF and the CITY as to the payment of consideration by
the CITY to the SHERIFF for service to the CITY in a future fiscal year,
i.e., a Consideration Agreement is valid only if it is approved, adopted and
legally binding on all parties to the same prior to the beginning of the fiscal
year covered by the Agreement.
4. Deputy or Deputy Sheriff: A sworn law enforcement officer employed
by the SHERIFF. The primary duties of this position are responding to
emergencies, crimes, public service, accident investigation and pro -active
patrol of a designated geographical area.
5. Effective Date: October 1, 2013.
6. Fiscal Year: A period of time beginning on October 1St of the designated
year and ending September 30th of the following year.
7. General Crimes Agent: A sworn law enforcement officer employed by
the SHERIFF whose primary duties include investigation of felony crimes,
such as Burglary, Grand Theft, Robbery, Aggravated Assault, Aggravated
Battery, Forgery, Fraud and other crimes designated by the Commanding
Officer, Canaveral Precinct.
8. K-9 Unit: A sworn law enforcement officer employed by the SHERIFF
teamed with a trained K-9. Primary duties include routine active patrol,
tracking and apprehension of suspects, search of buildings or grounds
and detection of narcotics.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 2 of 18
9. Lieutenant: A sworn law enforcement officer of managerial rank
employed by the SHERIFF. This position is responsible for the
administration of precinct operations, facilitation of continuing training of
precinct personnel, coordination of emergency and tactical operations and
may serve as acting commander in the absence of the Commanding
Officer.
10. Office Assistant/Desk Clerk: A non -sworn employee of the SHERIFF,
whose primary duties include routine office tasks, greeting the public in
person and on the telephone, and initiating case reports.
11. Patrol: The actual patrolling of the jurisdictional area of the CITY by
the SHERIFF through his deputies, and attending to an observed or
reported incident or availability to provide law enforcement services.
12. Public Service Aide: A non -sworn employee of the SHERIFF whose
primary duties are to augment road Deputies by handling non -emergency
and non -in -progress calls.
13. School Resource Officer: a sworn law enforcement officer employed
by the SHERIFF. This program is designed to foster the development of
positive attitudes by the youth toward the law and law enforcement officers
in the school environment. Duties include crime prevention, counseling
and teaching gang resistance and substance abuse prevention.
14 Sergeant: A sworn law enforcement officer of supervisory rank, whose
primary duties include the direct supervision of a shift of deputies or
specialty unit, generally assigned to a particular shift. This position is also
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 3 of 18
responsible for the same duties as listed for a Deputy Sheriff in Paragraph
1.4 of this Agreement.
15 Service Comprehensive professional law enforcement and protection
on a twenty-four (24) hour per day basis, except hereinafter stated,
including reactive patrol to enforce State Laws and, to the extent allowable
by law, City Ordinances of the CITY; pro -active patrol to deter criminal
activity; and traffic patrol to enforce traffic laws and prevent traffic
accidents.
16. Shift: Service provided on an eight, ten or twelve hour basis (assigned
at the discretion of the SHERIFF or designee) based on operational
needs.
17. Special Investigations Agent: a sworn law enforcement officer whose
primary duties are the investigation of crimes related to narcotics,
controlled substances, prostitution and gambling.
18. Special Operations Officer: A sworn law enforcement officer whose
primary duties consist of crime prevention, special community projects,
directed patrol, supervision and administration of the Citizen Observer
Program and problem solving within the community.
19 State of Emergency: The facts, events and circumstances which result
in a declaration of disaster or other state of emergency by the Governor of
the State of Florida or the United States government.
20. Traffic Enforcement Deputy: a sworn law enforcement officer
employed by the SHERIFF. Primary duties consist of traffic enforcement,
accident investigation, directed patrol and special community projects.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 4 of 18
ARTICLE II, LEVEL OF LAW ENFORCEMENT SERVICE:
As a nationally accredited law enforcement organization, BCSO and the
Canaveral Precinct being a part thereof will conduct law enforcement operations
in accordance with accreditation standards as outlined in BCSO General Order
200.01. BCSO shall provide the CITY for the term hereinafter set forth, as the
same may be extended in accordance with the provisions hereof, competent
professional law enforcement service, within and throughout the jurisdictional
area of the CITY. The SHERIFF shall at all times endeavor to provide the CITY
with service similar to that which they would enjoy with a municipal police
department, to the extent and in the manner hereinafter described:
1. Provide 24-hour law enforcement services to the CITY and enforce all
laws for which BCSO has jurisdiction to enforce.
2. There shall be a minimum of two deputies on patrol within the
jurisdictional boundaries of the CITY at all times in accordance with
accepted law enforcement practices. During any exception to the
foregoing because of illness, emergency, or any other reason, patrol
services may be augmented by mutual aid service. Patrol shall be
construed to mean, the actual patrolling of the jurisdictional area of the
CITY, or attending to an observed or reported incident or availability to
provide law enforcement services. Service shall include reactive patrol to
enforce State laws and, to the extent allowable by law, City Ordinances of
the CITY, proactive patrol to prevent and deter criminal activity and traffic
patrol to enforce traffic laws and prevent traffic crashes.
3. A representative of BCSO shall be present at City Council meetings or
other public meetings when so reasonably requested by the City Manager
or his/her designee.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 5 of 18
4. Commencing on the Effective Date, staffing provided by this Agreement
will be as follows:
1 Major
1 Lieutenant
5 Sergeants
16 Deputies
2 General Crimes Agents
1 School Resource Officer (SRO) at Cape View Elementary
1 Traffic Enforcement Deputy
1 Special Investigations Agent (shared position with BCSO)
1 Administrative Assistant
2 Public Service Aides
2 Office Assistants/Desk Officers
5. BCSO shall make all good faith efforts to provide full staffing for all
contracted personnel listed within this contract on the Effective Date.
6. BCSO shall make all good faith efforts to promptly fill any personnel
vacancy occurring throughout the duration of this contract.
ARTICLE III. ANCILLARY SERVICES
In addition to those services and responsibilities hereinabove described, BCSO
shall provide the CITY, with the following expertise, services and facilities as the
same might be required from time to time on an availability/priority basis as
determined by the SHERIFF.
1. Countywide Selective Enforcement Unit;
2. Aviation Unit;
3. Prisoner and Detention Center Services;
4. Homicide/Major Crimes Unit;
5. K-9 Services;
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 6of18
6. Crime Scene Unit;
7. Watercraft/Boats and BCSO Dive Team;
8. BCSO attendance of meetings of the CITY, when requested;
9. Any Other Unit or specialty service developed by BCSO during the
term of this Agreement.
ARTICLE IV. MAINTENANCE OF ABILITY
All Capital Equipment purchased by the SHERIFF for use in the performance of
this Agreement shall remain in the exclusive control of the SHERIFF. Ownership
of such equipment shall remain with the SHERIFF at all times. Ownership of
vehicles purchased prior to the execution of this Agreement shall remain with the
CITY. Upon termination of this Agreement or the surplus of any vehicle
purchased with CITY funds, the vehicle or proceeds from the surplus of a vehicle
shall be returned to the CITY. Ownership of all other equipment, regardless of
acquisition date for funding used to acquire it, shall remain with BCSO.
The CITY shall provide facilities for use by SHERIFF in performing this
Agreement. In the facilities provided by the CITY for use by the SHERIFF, the
CITY hereby agrees to provide for all routine maintenance, repairs and
replacement of existing facilities, and shall provide janitorial services and, pay all
charges for utilities and other services required for the operation of the facilities.
The facilities shall be used for the sole purpose of providing the services as
defined in this Agreement. Any other use of these facilities shall be negotiated
as to cost and extent.
ARTICLE V. EMPLOYMENT RESPONSIBILITY
All Deputy Sheriffs, supervisors and other persons employed by BCSO in the
performance of the services, functions and responsibilities as described and
contemplated herein for the CITY shall remain BCSO employees, and no one of
such persons shall be considered in the employ of the CITY for the purpose of
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 7 of 18
pension, benefits, insurance benefits, civil service benefits, compensation or any
status or right. Accordingly, the CITY shall not be called upon to assume any
liability for or direct payment of any salaries, wages or other compensation,
contributions to pension funds, insurance premiums, workers' compensation
funds, vacation or compensatory time, sick leave benefits or any other amenities
of employment to any BCSO personnel performing services, duties and
responsibilities herein for the benefit of the CITY or any other liabilities
whatsoever, unless specifically provided herein. Likewise, unless specifically
provided to the contrary herein, the CITY shall not be liable for compensation,
contribution or indemnity to BCSO or the employees thereof for any injury or
illness, of any kind whatsoever, arising out of such employment and in the
performance of the services, duties and responsibilities contemplated herein.
ARTICLE VI. EMPLOYMENT: RIGHT OF CONTROL
The SHERIFF shall have and maintain the responsibility for and the control of the
rendition of the services, the standards of performance, the discipline of
personnel and other matters incident to the performance of the services, duties
and responsibilities described and contemplated herein.
1. The CITY, by its City Manager, shall have the right to request BCSO to
transfer personnel who, by mutual agreement of the City Manager and the
Sheriff, fails to perform in a manner consistent with standards
contemplated herein.
2. The CITY agrees to cooperate with BCSO, its Deputy Sheriffs and
other departmental personnel in all reasonable ways in order to effectively
provide the service required herein.
3. The ultimate control and direction of the manner in which any BCSO
employee shall carry out and perform his/her duties under this Agreement
shall rest with the SHERIFF; provided, however, BCSO agrees that it will
cooperate with the CITY so as to concentrate its efforts in particular areas
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 8 of 18
or incidents called to the attention of the Commanding Officer, Canaveral
Precinct by the City Manager or his/her designee.
ARTICLE VII. CONSIDERATION
1. The compensation to be paid by the CITY to BCSO for Fiscal Year
2013 — 2014 shall be the sum of Two Million Six Hundred Fifty-five
Thousand, Three Hundred Forty Five Dollars ($2,655,345), to be
calculated as follows: Fee amount for services of $2,655,345 Tess credit
for Avon -by -The -Sea of $124,000 for a total of $2,531,345.
2. Payments shall be made to BCSO by the CITY in twelve equal monthly
installments of $210,945.42 payable on or before the first day of each
month.
3. The Consideration Clause of this Agreement shall be negotiated
annually through the budgetary process between the CITY and the
SHERIFF.
4. Written agreement as to the compensation paid by the CITY to BCSO
for each subsequent year shall be in force by October 1st of the affected
year. Should a mutually agreeable fee not be reached by September 30,
of the affected year, the fee will be equal to that of the previous year, plus
4% for operational increases. This amount may be adjusted by mutual
agreement after the start of the fiscal year, after the CITY approves a
budget.
5. Any request for modification of service levels contemplated within this
Agreement shall be accomplished by written request to the SHERIFF, and
if necessary, amendment to the fee then in effect.
6. Should the CITY desire that the SHERIFF provide services at a higher
level than contemplated herein, the CITY, through its City Manager, may
negotiate with the SHERIFF regarding modification of this Agreement and
shall bring such modification to the City Council for their consideration and
appropriate action.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 9 of 18
7 Cost of Investigation funds received by BCSO shall be remitted to the
CITY on a quarterly basis.
ARTICLE VIII. SPECIAL EQUIPMENT: PROVISO
BCSO shall provide, in furtherance of the fulfillment of the responsibilities
imposed hereby and the intent contemplated herein, without additional costs
therefore, additional marking with the name "Cape Canaveral", prominently
displayed on Patrol Units.
ARTICLE IX. NATURAL DISASTERS AND EMERGENCY OPERATIONS
1. Upon declaration of a federal disaster by the United States government
or other state of emergency, declared by the Governor of the State of
Florida, or by mutual agreement between the CITY and the SHERIFF, the
CITY agrees to fund the additional personnel, overtime, capital and
operational expenses, incurred by BCSO during the declaration period for
the benefit of the CITY.
2. Any State or Federal aid sought in relief for such disasters or
emergencies shall be the responsibility of the CITY. BCSO will provide
documentation for all expenditures incurred pursuant to BCSO General
Order 300.08.
(a) When an emergency condition has been declared by the
SHERIFF, and employees in all precincts/offices performing non-
essential functions on a county -wide basis are granted paid
administrative leave by the SHERIFF to return home, those
employees of the SHERIFF required to work during the emergency
conditions, in lieu of the paid administrative leave, shall receive
compensatory time for all normally scheduled hours worked (hour
for hour basis) in which non-essential employees of the SHERIFF
are granted paid administrative leave and, in addition, shall be paid
as follows:
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 10 of 18
(1) Employees of the SHERIFF shall be paid at time and
one-half for all hours worked during the declared emergency
conditions.
(2) Upon approval from the SHERIFF, Commanders, Majors,
Directors and Managers may receive compensatory time for
hours worked outside their normal work hours during the
declared emergency conditions.
(3) Temporary employees of the SHERIFF shall not be
eligible to receive paid administrative leave during a
declared emergency. In the event a temporary employee is
required to work during the declared emergency they shall
be paid time and one-half for working the emergency event.
(b) Employees of the SHERIFF who are required to work during the
recovery effort period, as established by the SHERIFF shall be paid
time and one half for all hours worked during the recovery effort
period
(c) Employees of the SHERIFF who are on a pre -approved leave or
regularly scheduled day off during the declared emergency period
are not eligible for administrative leave.
ARTICLE X. GRANTS
The SHERIFF or his designee may inform the City Manager or his/her designee,
of any grants brought to his/her attention that would be beneficial to law
enforcement operations at Cape Canaveral. The CITY shall be responsible for
the application, administration and disposition of any and all such grants.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 11 of 18
ARTICLE XI. INSURANCE
The SHERIFF agrees to provide law enforcement officers professional liability
insurance coverage for bodily injury and property damage caused by an
occurrence arising out of the scope and performance of the duties of said law
enforcement officers and support personnel covered by this Agreement. The
SHERIFF will provide automobile liability insurance for bodily injury and property
damage for vehicles used by BCSO under the terms and conditions of this
Agreement.
1. The SHERIFF may elect to join with a recognized self-insurance
program with other law enforcement agencies to provide insurance
coverage described above. Costs of such described insurance will be part
of the funds provided by the CITY.
2. The CITY shall provide its own fire, storm, flood, property damage and
public liability insurance for bodily injury, for the facilities furnished by the
CITY to the SHERIFF and shall name the SHERIFF as an additional
insured, at no cost to the SHERIFF.
3. The CITY assumes all risk of Toss not covered by insurance.
ARTICLE XII. FORFEITURE FUNDS
1. The SHERIFF agrees that within the provisions of the Florida
Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida
Statutes), proceeds collected from operations originating by Deputy
Sheriffs assigned to and within the jurisdictional area of the CITY pursuant
to the Florida Contraband Forfeiture Act will be utilized to enhance law
enforcement operations within the CITY.
2. Proceeds, including monies, collected by the SHERIFF in accordance
with the provisions of Paragraph 12.1 of this Agreement shall be
distributed as follows:
(a) Proceeds of not more than $50,000 in value seized pursuant to
BCSO law enforcement operations within the jurisdictional area of
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 12 of 18
the CITY, upon forfeiture, will be awarded to the CITY, Tess the
attorney fees and other direct costs of the forfeiture proceeding.
S uch proceeds awarded to the CITY shall be utilized for law
enforcement services, as specified by Florida Statute 932.7055,
within the CITY.
(b) Proceeds exceeding $50,000 in value seized pursuant to BCSO
law enforcement operations within the jurisdictional area of the
CITY shall be disbursed, less attorney fees and other direct costs of
the forfeiture proceeding, as follows: (1) Upon forfeiture, the first
$50,000 of proceeds as to value shall be awarded to the CITY; and,
(2) Proceeds in excess of $50,000 of value shall be distributed pro
rata in relationship to the percentage of the assigned Deputy
S heriffs from Canaveral Precinct to the number of Deputy Sheriffs
funded by Brevard County who are assigned to the operation Such
proceeds awarded to the CITY shall be utilized for law enforcement
services, as specified by Section 932.7055, Florida Statutes, within
the CITY.
(c) Proceeds exceeding $10,000 in value seized pursuant to BCSO
law enforcement operations outside the jurisdictional area of the
CITY with the participation of Deputy Sheriffs assigned to the CITY
shall be distributed pro rata in relationship to the percentage of the
assigned Deputy Sheriffs from Canaveral Precinct to the number of
D eputy Sheriffs funded by Brevard County assigned to the
operation Such proceeds awarded to the CITY shall be utilized for
law enforcement services, as specified by Section 932.7055,
Florida Statutes, within the CITY.
3. If property other than cash or currency is seized in contraband
forfeiture cases within the jurisdictional area of the CITY, the CITY shall
advance all legal costs related to the forfeiture. Should the CITY refuse to
advance such costs, the SHERIFF may elect to fund the legal costs of the
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 13 of 18
forfeiture proceeding whereupon the property or any proceeds from the
sale of such property shall be the sole property of the SHERIFF.
4. The SHERIFF shall supply documentation of awarded and recovered
investigative fees, on a monthly basis as provided by Clerk of the Court.
Payments actually received by the SHERIFF will be made to the CITY by
BCSO on a quarterly basis.
5. Proceeds collected on account of investigations initiated after
termination of this Agreement, shall be the sole property of the SHERIFF.
ARTICLE XIII. TRAINING
The CITY upon request of the SHERIFF, shall disburse when available, Police
Education Income Funds (Second Dollar) to the SHERIFF, for the continuing
professional education of personnel assigned to Canaveral Precinct.
ARTICLE XIV. HOLD HARMLESS CLAUSE
The CITY and the SHERIFF each will be responsible for any and all manner of
action and actions, cause and causes of action, suits, trespasses, judgments,
executions, claims and demands and losses and damages, costs and expenses
of any kind whatsoever, including attorney fees and court costs, which may be
claimed by any third party to have resulted from or arise out of the intentional or
negligent acts or omissions of its own employees, officers or agents of the other,
whether occurring before or after the CITY and the SHERIFF assumed the
obligations of this Agreement. Each party will be responsible for defending any
actions, claims or suits arising from any act or omission of its own employees,
officers or agents.
ARTICLE XV. DISPUTES AND DISAGREEMENTS
During the duration of this Agreement, all disputes and disagreements between
the parties relative to either party's performance under the terms and conditions
of this Agreement will be presented specifically, in writing, by the party -claiming
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 14 of 18
dispute. Thereafter, the responding party will answer specifically in writing within
thirty (30) days to the claimant. Within forty-five (45) days thereafter, the parties
will meet at a mutually agreeable time and place to either settle the dispute, or
mutually agree to the facts and issues. Thereupon, if not settled, each party shall
submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes.
ARTICLE XVI. NOTICE
Notices, claims and any other matter requiring written communication to a party
shall be given as follows:
To The SHERIFF: Brevard County Sheriffs Office
Attn: Wayne Ivey, Sheriff
700 Park Avenue
Titusville, Florida 32780
To The CITY: City of Cape Canaveral
Attn• City Manager
105 Polk Avenue
Cape Canaveral, Florida 32920
ARTICLE XVII. TERM OF AGREEMENT
This Agreement contains a two (2) year term commencing on October 1, 2013
and ending September 30, 2015, and provides the City and the Sheriff shall
renegotiate the contract price each year for the term of the contract.
ARTICLE XVIII. MODIFICATION:
This Agreement shall not be modified except by a written Modification
Agreement, signed and properly approved by both parties hereto.
ARTICLE XIX. TERMINATION
Either party may terminate this Agreement without cause or further liability to the
other, upon written notice, to the other party. Written notice for the termination
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 15 of 18
of this Agreement shall be given not Tess than 180 days prior to the requested
termination date.
1. Written notice shall be delivered by registered mail or certified mail,
return receipt requested, and is deemed delivered through signed receipt.
2. Upon any such termination all further obligations shall cease, except
payment for services rendered up to midnight of the effective date of
termination.
ARTICLE XX. LEGALITY OF AGREEMENT
Any obligations of this Agreement that are hereafter determined by a court of
competent jurisdiction to be illegal are void, and neither party will be obligated to
further perform as to such obligations. If a nonmaterial portion of the total
obligation of this contract is hereby severed, the balance of the lawful portions
hereof will continue to be performed.
ARTICLE XXI. TOTALITY OF AGREEMENT
This Agreement supersedes any other agreement between the parties, oral or
written, and contains the entire agreement between the City and Sheriff as to the
subject matter hereof.
ARTICLE XXII. PUBLIC RECORDS.
In accordance with section 119.0701, Florida Statutes, Sheriff 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 Sheriff 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. Sheriff also agrees to
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 16 of 18
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. Sheriff 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, Sheriff shall meet all
requirements for retaining public records and transfer, at no cost, to the City all
public records in possession of the Sheriff upon termination of this Agreement
and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements, except to the extent that
Sheriff as a Florida county constitutional officer is required to retain and maintain
any and all such public records. 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 Sheriff 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 Sheriff 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 Sheriffs failure to comply with the
provisions of this Paragraph, the City shall be entitled to collect from Sheriff
prevailing party attorney's fees and costs, and any damages incurred by the City,
for enforcing this Paragraph against Sheriff. 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 Sheriffs failure to comply
with the provisions of this Paragraph. This Paragraph shall survive the
termination of this Agreement.
THE NEXT PAGE IS PAGE 18, THE SIGNATURE PAGE.
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 17 of 18
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and the year first written above.
ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA
Wayne Ivey, Sheriff
Approved as to form and content:
Charles Ian Nash,
General Counsel for Sheriff Wayne Ivey
Date:
ATTEST: MAYOR OF THE CITY OF
CAPE CANAVERAL, FLORIDA
Rocky Randels, Mayor
Approved as to form and content:
Anthony A Garganese, City Attorney
City of Cape Canaveral
Date:
City of Cape Canaveral
Law Enforcement Contract
Fiscal Year 2012-2013 and 2013-2014
Page 18 of 18
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/17/2013
Item No.
Subject: Resolution No. 2013-18; a Joint Resolution of the City Council of the City of
Cape Canaveral, Florida, and the Cape Canaveral Community Redevelopment Agency
("Agency"); providing for the approval of an Interlocal Agreement authorizing a loan from
the City to the Cape Canaveral Community Redevelopment Agency, in an amount not
to exceed $100,000.00, for purposes of initially funding the Cape Canaveral Community
Redevelopment Agency so it can commence redevelopment activities within the
Redevelopment Area and reimburse the City for certain start-up expenses incurred by
the City to establish and create the Agency; providing for the incorporation of the terms
and conditions of the Interlocal Agreement into the Redevelopment Plan of the Cape
Canaveral Community Redevelopment Agency; providing for the repeal of prior
inconsistent resolutions, no conflicts; severability, and an effective date.
Department: Community and Economic Development
Summary: Joint Resolution No. 2013-18 authorizes a $100,000.00/10 -yr. CRA loan.
The document includes an interlocal agreement, agency note and an amortization
schedule. The purpose of the loan is to:
1. Initially fund the CRA so it can commence redevelopment activities, and
2. Reimburse start-up expenses incurred by the City. They include, but are not
limited to: Cost of contract with Kimley-Horn and Assoc. for the Finding of
Necessity, Cost of contract with Kimley-Horn and Assoc. for the Community
Redevelopment Plan/CRA Programs Development, City Attorney Fees, the cost
of the loan itself and miscellaneous expenses such as advertising,
survey/boundary work and the like, with the first payment due on October 31,
2014 and the final payment due on October 31, 2023.
Upon approval, the loan will commence at the start of the next fiscal year, October 1,
2013. The documents are set up to constitute an amendment to the CRA Plan. This is
to ensure there is no question that this loan obligation is authorized by the
Redevelopment Plan and, therefore, consistent with the Community Redevelopment
Act. This requires the City to notice the resolution and interlocal agreement as a plan
amendment to the current Redevelopment Plan.
The Community Redevelopment Agency recommended approval of this item prior to the
City Council meeting on 9/17/13.
Submitting Director: Todd Morley C IiVC Date: 09/10/2013
Attachments:
1) Joint Resolution No. 2013-18, adopting the following:
a) Interlocal Agreement.
b) Initial Funding Agency Note "Attachment "A".
c) Loan Amortization Schedule.
2) Invoices for services related to the creation of the Cape Canaveral CRA, from the
following:
(a) Kimley-Horn and Associates, Inc. (Consultant Services).
City Council Meeting Date: 09/17/2013
Item No. 7
Page 2 of 2
(b) City Attorney's Office (legal).
(c) FL Today (advertising).
(d) Allen Engineering (survey work/boundary description)
Financial Impact: $100,000.00 loan to initially fund the CRA from the General Fund.
The City will be reimbursed by the Agency in annual equal installments amortized on a
10 year term. The first installment shall be due the City on October 31, 2014 and
subsequent installments shall be due each year thereafter on October 31st until the note
is paid in full. The annual interest rate will be set at 2° :ff time and effort to prepare
this Agenda item.
Reviewed by Finance Director: John DeLeo
The City Manager recommends that the City Co
Approve Joint Resolution No. 2013-18 as recomme
Date: co043
it take the following action(s):
d by the CRA Board.
Approved by City Manager: David L. Greene v `Y -a -t -
City Council Action: [ ] Approved as Recommended
[ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Date: 1//oft?
Attachment 1
JOINT RESOLUTION NO. 2013-18
A JOINT RESOLUTION 01? THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, FLORIDA, AND THE CAPE
CANAVERAL COMMUNITY REDEVELOPMENT
AGENCY ("AGENCY"); PROVIDING FOR THE
APPROVAL QF AN INTERLOCAL AGREEMENT
AUTHORIZING A LOAN FROM THE CITY TQ THE CAPE
CANAVERAL COMMUNITY REDEVELOPMENT
AGENCY, IN AN AMOUNT NOT TO EXCEED $100,000.00,
FOR PURPOSES OF INITIALLY FUNDING THE CAPE
CANAVERAL COMMUNITY REDEVELOPMENT
AGENCY SO IT CAN COMMENCE REDEVELOPMENT
ACTIVITIES WITHIN THE REDEVELOPMENT AREA
AND REIMBURSE THE CITY FOR CERTAIN START-UP
EXPENSES INCURRED BY THE CITY TO ESTABLISH
AND CREATE THE AGENCY; PROVIDING FOR THE
INCORPORATION OF THE TERMS AND CONDITIONS
OF THE INTERLOCAL AGREEMENT INTO THE
REDEVELOPMENT PLAN OF THE CAPE CANAVERAL
COMMUNITY REDEVELOPMENT AGENCY; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, NO CONFLICTS; SEVERABILITY, AND
AN EFFEC 1 E DATE.
WHEREAS, in 2012 the City created the Agency pursuant to Resolution 2012-16; and
WHEREAS, the Agency has not received any tax increment financing because it was
recently created and is uncertain as to how much, if any, tax increment financing it will receive in
fiscal year 2013/2014; and
WHEREAS, the Agency is in need of initial funding so it may commence operations as a
community redevelopment agency and begin implementing the Agency's Redevelopment Nan;
and
'WHEREAS, the City desires to lend initial funding to the Agency for purposes of
allowing the Agency to commence redevelopment activities in furtherance of the Agency's
Redevelopment Plan; and
•
WHEREAS, the Agency also desires to reimburse the City for certain start-up expenses
that were incurred to establish the Agency including, but not limited to planning, engineering and
legal fees; and
WHEREAS, the Florida Attorney General has previously opined that such loans between
a city and redevelopment agency complies with Florida law. See Op. Fla, Att'y Gen. 2001-30;
and
City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency
Joint Resolution No. 2013-18
Page 1 of 4
WHEREAS, it is necessary and proper for the Agency to borrow money to commence
redevelopment activities within the Agency's Redevelopment Area and to reimburse the City the
start-up expenses incurred to create the Agency; and
WHEREAS, the Agency is willing and prepared to issue its redevelopment revenue notes
secured by increment revenues deposited in its Redevelopment Trust Fund, and by any other
available funding received by the Agency, to repay the City any funds loaned by the City to the
Agency under this Agreement; and
WHEREAS, the City and Agency are desirous of entering into an interlocal agreement to
provide for the loan of funds to the Agency by the City and for the repayment thereof from
increment revenues deposited into the Redevelopment Trust Fund, and by any other available
funding received by the Agency, or the proceeds of bonds that may be issued by the Agency in the
future; and
WHEREAS, the City and the Agency hereby deem the teems and conditions of the
attached Interlocal Agreement to be consistent with the Agency's Redevelopment Plan and hereby
fully incorporated into the Agency's Redevelopment Plan in accordance with Section 163.361,
Florida Statutes; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, and the governing
board of the Cape Canaveral Community Redevelopment Agency, hereby find this resolution to be
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral and
Agency's redevelopment area.
•
NOW, THEREFORE, BE IT JOINTLY RESOLVED BY si HA CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, AND THE CAPE CANAVERAL
COMMUNITY REDEVELOPMENT AGENCY, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as findings of the City Council of Cape Canaveral and the governing board of the
Agency.
Section 2. Adoption of Interlocal Agreement. The Interlocal Agreement attached
hereto as ATTACHMENT "1" is hereby approved by the City and the Agency and shall be
deemed fully incorporated into this Joint Resolution by this reference ("interlocal Agreement"}.
Section 3. Incorporation into the Agency's Redevelopment Plan. The Interlocal
Agreement shall hereby be deemed fully incorporated into the Agency's Redevelopment Plan and
shall be implemented pursuant to the terms and conditions of the Interlocal Agreement and the
Community Redevelopment Act of 1969.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council and Agency are hereby repealed.
City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency
Joint Resolution No. 2013-18
Page 2 of 4
Section 5. Severability. If any section, clause, phrase, word, or provision is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, whether for
substantive or procedural reasons, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions of
this resolution.
Section 6. No Conflict. The City and Agency hereby declare that this Resolution is
mutually beneficial to each party's objectives and does not present a conflict of interest between
the City and the Agency.
Section 7. Effective Date. This resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida and the Cape Canaveral
Community Redevelopment Agency. This Resolution shall not be effective or binding until
approved by both the Agency and the City.
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 17th day of September, 2013.
ATTEST:
Angela Apperson, City Clerk
Rocky Randels, Mayor
Name FOR AGAINST
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency
Joint Resolution No. 2013-18
Page 3 of 4
ADOPTED at a Meeting of the governing board of the Cape Canaveral Community
Redevelopment Agency, assembled this 17th day of September, 2013.
ATTEST:
Rocky Randels Chairman
Angela Apperson, Recording Secretary
Name FOR AGAINST
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to form and legal sufficiency for the
City and Agency only:
Anthony A. Garganese, City and Agency Attorney
•
•
City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency
lomt Resolution No. 2013-18
Page 4 of 4
ATTACHMENT 1
INTERLOCAL AGREEMENT
Prepared by and return to:
Anthony A. Garganase, City Attorney
Brown, Garganess, Weiss & D'Agreste, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
INTERLOCAL AGREEMENT
(CRA Initial Funding Loan Agreement)
This Agreement entered into this 1ST day of October, 2013, by and between. the CITY
OF CAPE CANAVERAL, FLORIDA, a municipal corporation of the State of Florida ("City"),
and the CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY, a body
politic and corporate created pursuant to Part III, Chapter 163, Florida Statutes and City of Cape
Canaveral Resolution No. 2012-16 ("Agency").
WITNESSETH:
WHEREAS, in 2012 the City created the Agency pursuant to Resolution 2012-16; and
WHEREAS, the Agency has not received any tax increment financing because it was
recently created and is uncertain as to how much, if any, tax increment financing it will receive
in fiscal year 2013/2014; and
WHEREAS, the Agency is in need of initial funding so it may commence operations as
a community redevelopment agency and begin implementing the Agency's Redevelopment Plan;
and
•
•
•
Interfocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 1 of 24
WHEREAS, the Agency also desires to reimburse the City for certain start-up expenses
that were incurred to establish the Agency including, but not limited to planning, engineering
and legal fees; and
WHEREAS, the City desires to contribute initial funding to the Agency for purposes of
allowing the Agency to commence redevelopment activities in furtherance of the Agency's
Redevelopment Plan and to allow the Agency to reimburse the start-up expenses over the loan
period set forth herein; and
WHEREAS, it is necessary and proper for the Agency to borrow money to commence
redevelopment activities within the Agency's Redevelopment Area and to reimburse the City the
start-up expenses incurred to create the Agency; and
WHEREAS, the Agency is willing and prepared to issue its redevelopment revenue
notes secured by increment revenues deposited in its Redevelopment Trust Fund, and by any
other available funding received by the Agency, to repay the City any funds loaned by the City
to the Agency under this Agreement and to reimburse the City for the start-up expenses; and
•
• WHEREAS, the City and Agency are desirous of entering into an interlocal agreement
to provide for the loan of funds to the Agency by the City and for the repayment thereof from
increment revenues deposited into the Redevelopment Trust Fund, and by any other available
•
funding received by the Agency, or the proceeds of bonds that may be issued by the Agency in
•
the future; and
WHEREAS, by entering into this Agreement, it is the Agency's intent to pledge
available funding received by the Agency to repay the loan granted by the City and the start-up
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 2 of 24
expenses under the terms and conditions of an Agency Note and this Agreement until the loan is
paid in full; and
WHEREAS, the City is willing to loan funds to the Agency for public and
redevelopment purposes identified in this Agreement; and
WHEREAS, the Agency is willing and prepared to issue its redevelopment revenue
notes secured by increment revenues deposited in its Redevelopment Trust Fund, and all other
funding sources, to repay the City any funds loaned by the City to the Agency for the
redevelopment activities covered by this Agreement; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
SECTION 1. RECITALS; AUTHORITY. The foregoing recitals are true and correct
and hereby incorporated herein by this reference. This Agreement is entered into pursuant to the
authority of Section 163.01, Florida Statutes, and Part III, Chapter 163, Florida Statutes,
particularly including Section 163.400, Florida Statutes.
SECTION 2. CONSISTENCY AND INCORPORA'T'ION INTO THE
REDEVELOPMENT PLAN. The City and the Agency hereby agree that this Agreement is
consistent with the Agency's Redevelopment Plan and is also hereby fully incorporated into the
Agency's Redevelopment Plan by this reference.
•
SECTION 3. DEFINITIONS.
(a) As used in this Agreement, the following terms shall have the following
meanings:
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 3 of 24
(1) "Ad" means the actions by the governing body of the Agency and the City
Council creating the Agency and authorizing this Interlocal Agreement, Section
163.01, Florida Statutes, as amended, Part III, Chapter 163, Florida Statutes, and
other applicable provisions of law.
(2) "Agency" means the Cape Canaveral Community Redevelopment Agency
•
Florida, and any successor thereto.
(3) "Agency Bonds" means the bonds that may be issued by the Agency
which may be adopted by the governing body of the Agency, and authorized and
approved by the City Council pursuant to Section 163.358(3) and 163.385(1),
Florida Statutes, to repay the Agency Notes.
(4) "Agency Notes' or "Notes" means, collectively, the Agency's one or more
Redevelopment Revenue Notes, dated the date of delivery thereof, issued in the
•
•
original principal amount of up to One Hundred Thousand and NO/100 Dollars
($100,000.00) for Redevelopment Activities authorized pursuant to the
Redevelopment Plan and Start-up Expenses, or such lesser amount as may have
•
been advanced by the City to the Agency as provided in this Agreement, and such
amount as may be outstanding from time to time, for the purpose of providing
funds to the Agency to pay costs incurred by the Agency in connection with the
•
Redevelopment Activities and Start-up Expenses.
Interlocal ►�
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 4 of 24
(5) "Area' or "Redevelopment Area" means the Agency's jurisdictional area
of operation which is legally described and set forth in City Resolution 2012-16,
as may be amended.
(6) "City" means the City of Cape Canaveral, Florida, a Florida municipal
corporation.
(7)
(8)
"City Council" means the elected governing body of the City.
"Fiscal Year" means the period commencing on October 1 of each year
and continuing to and including the succeeding September 30.
(9) "Governing Body' means the governing board of the Agency, or any
successor board, commission or council thereto.
(10)s "Holder," "Note Holder,° "Registered Holder," or "Registered Owner"
means the registered owner or owners (or its or their authorized representative) of
•
any of the Notes.
(11) "Increment Revenues" means any monies deposited in the Redevelopment
Trust Fund pursuant to Section 163.387, Florida Statutes, plus any investment
earnings thereof.
(12) "Investment Obligations" means any obligations in which surplus funds of
local units of government may be invested under the investment of Local
Government Surplus Funds Act, Part IV, Chapter 218, Florida Statutes, as
amended.
•
•
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 5 of 24
(13) "Plan' means the Redevelopment Plan adopted by the Agency and the
City Council pursuant to the Act for redevelopment in the area of operation of the
Agency.
(14) "Redevelopment Activities" shall mean those activities falling within the
definitions of "community redevelopment," "redevelopment," "related activities,"
and "community policing innovation" as those terms are defined in section
163340, Florida Statutes, and authorized by the Plan .
(15) "Start-up Expenses" shall mean. out-of-pocket expenses which were
•
necessarily incurred by the City for purposes of creating and establishing the
Agency including, but not limited to, planning, engineering, and legal expenses
that were incurred to prepare this Agreement, resolutions, ordinances, studies,
maps, reports, and plans.
(16) "Purchase Price" means the amount paid by the City to the Agency
inclusive of the Start-up Expenses and the amount deposited in the CRA Project
Account which shall be equal to the par amount of the Agency Note being
purchased at that time by the City for the Redevelopment Activities provided in
this Agreement.
(17) "CRA Project Account" means the Agency's CRA Project Account, which
is internally created by the City to track the loan funds for auditing purposes.
Said account is specifically created pursuant to Section 12 hereof, in which the
•
Interiors' Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 6 of 24
(b)
proceeds loaned by the City to the Agency for the Redevelopment Activities shall
be deposited.
(18) 'Redevelopment Trust Fund" means the redevelopment trust fund of the
Agency created and established pursuant to the Act in which Increment Revenues
are deposited.
Words importing singular numbers shall include the plural number in each case
and vice versa, and words importing persons shall include firms, corporations or other entities,
including governments or governmental bodies. References to Florida Statutes are to Florida
Statutes (2012), as amended.
SECTION 4. FINDINGS AND DETERMINATIONS.
(a) The parties hereto recognize and find that it is in the best interest of each and the
public to establish an additional cooperative relationship between the parties hereto in order to
best carry out the purposes of the Act, specifically including the Redevelopment Activities, and
operating activities related to redevelopment of the Area on a timely and expeditious basis. The
parties hereto do further find that the Agency does not presently have sufficient available funds
to carry out its activities under the Act because the Agency was recently created by the City, and
it is necessary that the City make a loan or loans to the Agency from time to time in order to
•
provide funds to the Agency to carry out its duties and responsibilities under the Act. Ez Op.
•
Fla. Att'y Gen. 2001-30. Further, the parties recognize and find that the Agency's
reimbursement of Start-up Expenses to the City is in the best interests of each and the public and
a necessary expense that was required to establish and create the Agency.
interim] Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 7 of 24
(b) It is hereby ascertained, determined and declared by the Governing Body of the
Agency, that:
(1) It is in the best interests of the citizens of the City and is contemplated by
the Act and the Agency's Redevelopment Plan that the Agency undertake certain
actions m order to further the redevelopment of its Area of operation within the
corporate limits of the City through the implementation of the Plan by engaging
in Redevelopment Activities.
(2) The Agency is authorized under the Act to issue the Agency Notes and use
the proceeds thereof to pay all or a portion of the costs of establishing and
creating the Agency and implementing the Plan and administering and operating
the Agency.
(3) The Agency Notes will be paid from all available funding sources
available to the Agency including, but not limited to, Increment Revenues, grants,
and any Agency Bonds that may be issued by the Agency if financially feasible,
and the Agency is authorized under the Act to issue the Agency Notes without a
vote of the electors residing within the area of operation of the Agency or within
the City or any part thereof.
(4) A negotiated sale of the Agency Notes to the City is required and
necessary and is in the best interests of the Agency for the following reasons: the
costs of issuance of the Agency Notes are Rely to be greater and the time until
issuance longer if the Agency Notes are sold at public sale by competitive bid
Intearlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page8of 24
than if the Agency Notes are sold at negotiated sale, and there is 'no basis,
considering prevailing market conditions, for any expectation that the terms and
conditions of a sale of the Agency Notes at public sale by competitive bid would
be more favorable than at negotiated sale; short term obligations having the
characteristics of the Agency Notes are typically sold at negotiated sale under
prevailing market conditions; the market conditions are favorable for the
immediate issuance of the Agency Notes to the City; and the Agency has
undertaken substantial negotiations with the City regarding the purchase of the
Agency Notes by the City, and has received a favorable commitment for the
•
purchase of the Agency Notes.
SECTION 5. AUTHORIZATION. The parties acknowledge and agree the Agency
has been authorized to proceed with the implementation of the Plan, and the issuance of the
•
Agency Notes to pay the costs thereof is hereby authorized and approved as required by Section
163358(3) and Section 163.385(1), Florida Statutes.
SECTION 6. PAYMENT OF PURCHASE PRICE. On October 1, 2013, the City
shall make the requested payment of the Purchase Price to the Agency by depositing funds in the
amount of said Purchase Price into the CRA Project Account (as created pursuant to Section 12).
Further, no later than such time, the Agency agrees to execute an Agency Note evidencing the
•
Agency's obligation to repay the City the Purchase Price. Simultaneously with the delivery of
any Agency Note for the Redevelopment Activities and reimbursement of the Start-up Expenses,
as provided in Section 12 below, the City shall pay to the Agency an amount equal to the
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 9 of 24
Purchase Price, not to exceed One Hundred Thousand and No/100 Dollars ($100,000.00)
which shall be deposited in the CRA Project Account herein created and established in Section
12 hereof.
SECTION '7. DESCRIPTION OF NOTE.
(a) The Agency Notes shall be issued in one or a series of separate notes not to
exceed a cumulative total of One Hundred Thousand and No/100 Dollars ($100,000.00), for the
purpose of financing all or part of the Redevelopment Activities undertaken by the Agency
within the Agency's Redevelopment Area and reimbursement of Start-up Expenses, and for no
other purpose. Each of the Agency Notes shall be designated by the following applicable title:
Cape Canaveral Community Redevelopment Agency, Initial Funding Revenue Note, and shall
be issued in the name of and delivered to the City, and have a term of ten (10) years.
(b) Interest on the outstanding principal balance of each of the Initial Funding
Agency Notes shall be equal to two percent (2%) per annum.
lc) The offer of the City to purchase the Agency Notes set forth above in the
principal amounts stated or such lesser principal amounts as may be paid to the Agency by the
City from time to time as provided herein, at a purchase price of par in accordance with the
teams and conditions as set forth herein, is hereby accepted and the Agency Notes are hereby
awarded and sold to•the City upon the terms set forth herein. Payment of the purchase price of
•
the "Cape Canaveral Community Redevelopment Agency, Initial Funding Revenue Note" Shall
be made in the form of one or more payments to the Agency of funds which shall be deposited in
the CRA Project Account as provided herein. The Chairman and the Recording Secretary of the
Interlocal Agreement
Crty of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 10 of 24
Agency are hereby authorized to execute the Agency Notes as further provided in this
Agreement in such principal amount and deliver the applicable Agency Note in the name of or
upon the order of the City upon payment of the principal amount thereof by the City to the
Agency.
•
•
(d) If the date for payment of the principal of, and interest on, any of the Agency
Notes shall be a. Saturday, Sunday, legal holiday or a day on which banking institutions in the
City are authorized by law or executive order to close, then the date for such payment shall be
the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such
institutions are authorized to close, and payment on such date, which shall include accrued
interest to such date, shall have the same force and effect as if made on the scheduled date of
payment.
(e)
•
Principal due on each of the Agency Notes is payable to the City upon
presentation of the Agency Note to the Agency when due at the offices of the Agency, or such
other location within the City as may be designated by the Agency and reasonable notice thereof
given to the City.
(fl
So long as any portion of the principal amount of any of the Agency Notes or
interest thereon remains unpaid: (1) if any law, rule, regulation or executive order is enacted or
promulgated by any public body or governmental agency which changes the basis of taxation of
payment or causes a reduction in yield to the City with respect to the principal or interest payable
pursuant to the Agency Note, including without limitation the imposition of any excise tax or
surcharge thereon, or (2) if as a result of action by any public body or governmental agency, any
interlocal Agreement
City of Cape Canaveral - Cape Canaveral Commtmity Redevelopment Agency
CRA Initial Funding Loan Agreement
Page llof 24
payment is required to be made by, or any federal, state or local income tax deduction is denied
the City by reason of the ownership of, borrowing money to invest in, or receiving principal or
interest on the Agency Note, the Agency shall reimburse the City within thirty (30) days after
receipt by the Agency of written demand for such payment and shall indemnify the City against
any loss, cost, charge or expense with respect to such charge.
(g) hi the event it shall be necessary for the City to pay any documentary excise tax
•
levied or imposed upon any of the Agency Notes pursuant to Chapter 201, Florida Statutes, then
the Agency shall be required under the provisions of this Agreement to pay or indemnify the
City for the payment of such tax, provided the City shall have delivered to the Agency a notice
stating that as a consequence of final action by an appropriate governmental authority, it shall
have been determined that the City is obligated to pay such documentary excise tax on the
Agency Note and requesting reimbursement from the Agency of the amount paid. The City shall
give the Agency notice of any proceedings, either administrative or judicial, or both, which may
result in a determination of the City's obligation to pay such tax, and nothing herein shall
prohibit the Agency from participating in such proceedings to the extent allowable by applicable
law, rule, policy, or ruling.
For the purpose of this subsection, the term "final action" shall mean either (i) action
taken by the Florida Department of Revenue or other appropriate governmental official or
agency which cannot be appealed administratively or in a court of competent jnrisdiction, or, if
any such action is appealable, in the opinion of counsel to the City (which opinion is acceptable
to the Agency), suchappeal would likely not be successful; or (ii) action by any court of
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 12 of 24
competent jurisdiction as to which the time to appeal has expired or as to which an appeal has
been denied or dismissed without further right of appeal.
SECTION 8. EXECUTION OF NOTE. Each of the Agency Notes shall be signed
and executed in the name of the Agency as set forth in the form of the note attached hereto as
EXHIBIT "A." The signatures of the Chairman or other officers of the Agency authorized to
sign the Agency Note shall *be manual. The seal (if any) of the Agency shall be impressed,
imprinted, reproduced or lithographed on each of the Agency Notes. Each of the Agency Notes
Aril be validly executed when signed by the persons who shall respectively hold the appropriate
offices at the time of execution and attestation, without regard to who held the office on the
effective date of this Agreement, the date of that Agency Note or who held that office at the time
•
of the delivery of that Agency Note.
SECTION 9. PREPAYMENT. Each of the Agency Notes shall be subject to
prepayment, in whole, or in part, at the option of the Agency, on any date prior to its maturity,
without premium or penalty. Notice shall be given to the City at least five (5) days prior to the
date for such prepayment.
SECTION 10. NOTE MUTILATED. DESTROXEDMILEN OR LOST.
(a) If any of the Agency Notes is mutilated, destroyed, stolen or lost, the Agency
may, in its discretion either deliver a duplicate replacement Agency Note or pay the Agency
•
Note together with accrued interest. Any mutilated Agency Note shall be surrendered to and
•
canceled by the Agency.
Interlocal Agreement
City of Gape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 13 of 24
(b) Any such duplicate Agency Note shall constitute an original contractual
obligation on the part of the Agency whether or not the destroyed, stolen, or lost Agency Note be
at any time found by anyone, and such duplicate Note shallbe entitled to the same benefits and
rights as to lien on, and source of and security for payment from, the revenues and other funds
pledged herein as the mutilated, destroyed, stolen or lost Agency Note was entitled.
SECTION 11. FORM OF NOTE. Each of the Agency Notes shall be substantially in
the form of the note attached hereto as suattui'ii "A" (with such variations, omissions and
insertions, due to differences in denominations and other provisions, as may be required or
permitted by this Agreement or any amendment hereto).
SECTION 12. REIMBURSEMENT OF START-UP EXPENSE& CRA PROJECT
ACCOUNT.
•
(a) On October 1, 2013, the City is hereby authorized to internally transfer
$100,000.00 of the Purchase Price, less Start-up Expenses, to a separate internal fund or account
hereby designated as the Cape Canaveral Community Redevelopment Agency, "CRA Project
Account," which is hereby created and established. Said internal fund or account shall be
maintained by the City. The funds on deposit therein shall be withdrawn, used and applied by
the Agency solely for the Redevelopment Activities and reimbursement of the Start-up Expenses
authorized by this Agreement, and for purposes incidental thereto or for repayment of any of the
•
Agency Notes.
(b) The funds in the CRA Project Account that, in the opinion of the Agency and the
City, are not immediately necessary to expend for Redevelopment Activities and reimbursement
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 14 of 24
of the Start-up Expenses, as hereinabove provided, may be invested and reinvested in Investment
Obligations which shall mature or be redeemable at the option of the Agency at face value not
later than the dates on which such funds are needed. All income derived from investment of
finds in the CRA Project Account shall be deposited therein and shall be used to pay costs of
•
Redevelopment Activities and the administration and operation of the Agency or to repay
principal of and any interest on the Agency Notes.
(d) Funds in the CRA Project Account shall be secured at all times in the manner
prescribed by the laws of the State of Florida relating to the securing of public funds.
(e) Upon expiration of the term of this Agreement and Agency Note, any amounts
then remaining in the CRA Project Account and not reserved by the Agency for the payment of
any remaining costs incurred and for which the Agency is obligated to pay, shall be used to
reduce the outstanding principal amount of the Agency Notes.
SECTION 13. COVENANTS OF TRE AGENCY. Until the principal of and
•
interest on all of the Agency Notes has been paid in full, the Agency covenants with the City as
follows:
(a) Punctual Payment. The Agency covenants and agrees with the City that it will
punctually pay or cause to be paid the principal and interest of each of the Agency Notes, in
conformity with the terms of the Agency Note and this Agreement and that it will be
unconditionally and irrevocably obligated, so long as any of the Agency Notes are outstanding
and unpaid, to take all lawful action necessary or required during each Fiscal Year to make any
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 15 of 24
and all payments of principal of and interest on each of the Agency Notes as such become due
and payable.
(b) Plage of Certain Proceeds and Revenues. The payment of the principal of and
interest on each of the Agency Notes issued hereunder shall be secured by a lien on and pledge
of, and the Agency does hereby irrevocably pledge to the payment of each of the Agency Notes
and the interest thereon: (i) the undistributed proceeds of the Agency Notes and the investment
•
earnings thereon in the CRA Project Account that have not been incurred or used to pay costs of
the implementation of the Plan and administration and operation of the Agency, (ii) Increment
Revenues; (iii) all other revenue and funding sources available and received by the Agency at
any given time, and (iv) the proceeds from any Agency Bonds that may be issued by the Agency
with the City's approval to repay the Agency Notes.
(c) Agency Notes Not General Obligation of the Agency. The Agency Notes and
the obligations evidenced thereby shall not be deemed to constitute a general obligation of the
Agency or the City or a debt, liability or obligation of the Agency, the City, the State of Florida
or any political subdivision thereof or a pledge of the faith and credit of the Agency, the City, the
State of Florida or any political subdivision thereof. Neither the Agency, the City, the State of
Florida or any political subdivision thereof, shall be directly, indirectly or contingently obligated
•
to levy or to pledge any form of ad valorem taxation whatsoever for the payment of any of the
•
Agency Notes or make any appropriation therefrom for its payment
(d) Investment of Funds. All income on investments of funds in the CRA Project
Account shall be retained therein and used for the purposes specified for such account.
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 16 of 24
(e) Compliance with Laws and Regulations. The Agency covenants and agrees to
perform and comply in every respect material to the security of each of the Agency Notes with
all applicable laws, rules and regulations relating to the preparation and implementation of the
Plan and the performance of the Agency's covenants and obligations hereunder.
(1) Trust Funds. As provided by Section 159.11, Florida Statutes, and this
Agreement, all accounts created herein shall constitute finest funds to secure the payment of the
Agency Notes and for the purposes herein provided, shall be established with and held by such
officer, board or person as may be designated by the Agency, and used only for the purposes as
set forth herein.
SECTION 14. PAYMENT 01? AGENCY NOTES. The Agency covenants and
agrees with the City to pay when due and payable the full principal amount of each of the
Agency Notes, plus any accrued interest, to the City from Increment Revenues in the
Redevelopment Trust Fund, all other revenue and funding sources available and received by the
Agency at any given time, proceeds from any Agency Bonds issued to repay the Agency Notes,
or funds in the CRA Project Account. To secure the payment of each of the Agency Notes, the
Agency does hereby pledge and grant to the City a lien upon the increment Revenues deposited
in the Redevelopment Trust Fund, all other revenue and funding sources available and received
by the Agency at any given time, the net proceeds from any such Agency Bonds and the funds in
the CRA Project Account. The Agency further covenants and agrees that it will not permit any
lien or encumbrance on the funds • in the Redevelopment Trust Fund, or funds from any other
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 17 of 24
revenue and funding sources available and received by the Agency at any given time, superior to
or on a parity with the lien created by this Agreement without prior approval by the City.
SECTION 15. REDEVELOPMENT TRUST FUND: DEPOSIT OF INCREMENT
REVENUES..
(a) The City covenants and agrees that so long as all prerequisites under the Act for
doing so have been satisfied, it will take such action as is necessary to create and continue in
existence the Redevelopment Ttvst Fund and cause the deposit therein of Increment Revenues.
(b) The Agency covenants and agrees that upon creation of the Redevelopment Trust
Fund it will take all such actions as are necessary to collect and cause to be deposited in the
Redevelopment Trust Fund all Incremental Revenues and will retain all funds in the
Redevelopment Trust Fund.
•
•
(c) The Agency covenants and agrees, so long as any of the Agency Notes remain
outstanding, to promptly deposit Increment Revenues in the Redevelopment Trust Fund as such
revenues are received from each "taxing authority" or become available to the Agency for the
purpose of being deposited into the Redevelopment Trust Fund.
(d) The Agency covenants and agrees, so long as any of the Agency Notes remain
outstanding, to promptly pay to the City any funds received by the 'Agency from any other
revenue and funding sources available at any given time that are not required to fund normal
•
operating expenditures of the Agency.
SECTION 16. REMEDIES; NO GENERAL OBLIGATION. In the event the
Agency should fail to perform any promise, covenant or condition contained herein, the City
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA initial Funding Loan Agreement
Page 18 of 24
•
•
shall be entitled to seek any remedy then available to it under applicable law and may proceed to
obtain equitable relief, including injunctive relief, from any court of competent jurisdiction. The
parties hereto recognize and aclmowledge that the only sources of payment to the City of the
Agency Notes are from funds in the CRA Project Account, Increment Revenues deposited in the
Redevelopment Trust Fund, funds from any other revenue and funding sources available and
received by the Agency at any given time, and the proceeds from any Agency Bonds issued to
repay the Agency Notes, and the obligation evidenced here is not a general obligation or a
pledge of the full faith and credit of the Agency or any other governmental entity or political
subdivision of the State of Florida, under any applicable statutory or constitutional provision.
SECTION 17. FURTHER DOCUMENTS. The parties hereby agree to execute
such agreements, instruments, certificates, or other documents (including an Agency Note
substantially in the form attached hereto as EAtuurrAn as may be necessary to cause
payment of each Purchase Price to be timely made, each Agency Note issued, proceeds
therefrom deposited in the CRA Project Account, and such other purposes as may be necessary
•
•
under this Agreement.
SECTION 18. REPRESENTATIONS AND WARRANTIES.
(a) The Agency does hereby represent and warrant to the City that it has all requisite
power, authority and authorization to enter into this Agreement and issue each of the Agency
Notes, has taken, or will take in the near future, all necessary actions required to enter into this
Agreement and issue each of the Agency Notes, make any payment contemplated hereby, and to
•
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 19 of 24
fulfill any and all of its obligations, duties and responsibilities for or required of it by this
•
Agreement, for their exercise individually or collectively.
(b) The City does hereby represent and warrant to the Agency that it has all requisite
power, authority, and authorization to enter into this Agreement, has taken, or will take in the
near future, all necessary actions required to enter into this Agreement, pay each of the Purchase
Price, accept and hold the Agency Notes and to fulfill any and all of its obligations, duties and
responsibilities for or required of it by this Agreement, whether exercised individually or
collectively.
(c) The City does hereby represent and warrant to the Agency that it does not intend
to sell, convey, assign, or give any of the Agency Notes to any other person and intends to hold
all Agency Notes until maturity.
SECTION 19. AMENDMENTS. This Agreement may be amended only by the
mutual written agreement of the City and the Agency at any time and from time to time.
SECTION 20. THLS AGREEMENT CONSTITUTES A CONTRACT. In
consideration of the acceptance of their mutual duties, obligations, and responsibilities
hereunder, this Agreement shall be deemed to be and shall constitute a contract between the City
and the Agency.
SECTION 21. SEVERABILITY. If any one or more of the covenants, agreements
•
or provisions of this Agreement shall be held contrary to any express provisions of law or
contrary to any policy or express law, although not expressly prohibited, or against public policy,
•
or shell for any reason whatsoever be held invalid, then such covenants, agreements or
Interlocal Agreement
City of' Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 20 of 24
provisions shall be mill and void and shall be deemed separate from the remaining covenants,
agreements or provisions of this Agreement
•
SECTION 22. CONTROLLING LAW. All covenants, stipulations, obligations,
and agreements of the City and the Agency contained in this Agreement shall be deemed to be
covenants, stipulations, obligations and agreements of each of the City and Agency, respectively,
to the full extent authorized by the Act and provided by the Constitution or the laws of the State
of Florida. Any and all provisions of this Agreement and any proceedings seeking to enforce or
challenge any provisions of this Agreement shall be governed by the laws of the State of Florida.
Venue for any proceeding pertaining to this Agreement shall be Brevard County, Florida.
SECTION 23. NO MEMBER LL4BILITY. No covenant, stipulation, obligation or
agreement contained herein shall be deemed to be a covenant, stipulation, obligation or
agreement of any present or future member of the governing body or agent or employee of the
City or the Agency in its, his or their individual capacity, and neither the members of the City
Council or the Governing Body of the Agency, nor any official executing this Agreement shall
•
be liable personally or shall be subject to any accountability for reason of the execution by the
City or the Agency of this Agreement or any act pertaining thereto.
SECTION 24. FILING 01? AGREEMENT ONLY: AGENCY NOTES
MAINTAINED ON FILE.
•
•
(a) The Clerk of the City is hereby authorized and directed after approval of this
Agreement by the City Council and the Governing Body of the Agency and -the execution
thereof by the duly qualified and authorized officers of each of the parties hereto, to file this
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Finding Loan Agreement
Page 21 of 24
Agreement with the Clerk of the Circuit Court of Brevard County, Florida, in accordance with
Section 163.01(11), Florida Statutes.
(b) Any original Agency Notes executed in furtherance of this Agreement shall be
maintained on file at Cape Canaveral City Hall for safekeeping. The Agency Note(s) shall not
be recorded.
SECTION 25. ASSIGNMENT. Neither party to this Agreement may assign, sell,
transfer, convey, or give any or all of its rights, duties, obligations, and responsibilities under this
Agreement, specifically including the City holding any of the Agency Notes, without the prior
written approval and consent of the other party. '
•
SECTION 26. VALIDATION. If determined by the City Council to be necessary,
the Agency consents to, and shall cooperate with, the City Attorney initiating and undertaking
proceedings under Chapter 75, Florida Statutes, to validate the Agency's obligations created and
established by and pursuant to this Agreement, including the Agency Notes.
SECTION 27. Pam inATlON DATE. Unless extended by mutual agreement of the
City and the Agency by adoption and execution of a subsequent interlocal agreement, this
Agreement shall expire at such time as the principal and accrued interest on all of the Agency
Notes is paid by the Agency or when the Agency sunsets as a legal entity, whichever occurs first.
SECTION 28. jj u t tCTIVE DATE. This Agreement shall become effective on
•
October 1, 2013 upon the execution by the appropriate officers of the City and the Agency, and
upon filing this Agreement with the Clerk of the Circuit Court of Brevard County, Florida, as
required by Section 163.01(11), Florida Statutes.
•
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 22 of 24
•
•
IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have
entered into this Interlocal Agreement on the date and the year first above written.
Nil EST (SEAL):
Angela Apperson, City Clerk
STATE OF FLORIDA
COUNTY OF BREVARD
•
•
CITY OF CAPE CANAVERAL, FLORIDA
Rocky Randels, Mayor
•
I HEREBY Leatur Y that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Rocky Randels, Mayor of the City of
Cape Canaveral, Florida, ■ to me known personally or 0 who produced as
identification, to be the person described in and who executed the foregoing instrument: and he
acknowledged before me that he executed the same for the purposes set forth herein, and he did not
swear an oath.
(Notary Seal)
•
•
NOTARY PUBLIC
My Commission Expires:
interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 23 of 2.4
•
ATTEST:
By:
Angela Apperson
Recording Secretary
STATE OF FLORIDA
COUNTY OF BREVARD
•
CAPE CANAVERAL COMMUNITY
REDEVELOPMENT AGENCY
Rocky Randels, Chairperson
•
I HEREBY Lenin' that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Rocky Randeis, Chairperson of Cape
Canaveral Community Redevelopment Agency, 0 to me known personally or 0 who produced
as identification, to be the person described in and who executed the foregoing instrument
and he acknowledged before me that he executed the same for the purposes set forth herein, and he did
not swear an oath.
(Notary Seal) •
NOTARY PUBLIC
My Commission Expires:
•
•
•
Interlocal Agreement
City of Cape Canaveral - Cape Canaveral Community Redevelopment Agency
CRA Initial Funding Loan Agreement
Page 24 of 24
Emit "A"
•
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY 01? BREVARD
$100,000.00
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
INITIAL FUNDING REVENUE NOTE
KNOW ALL MEN BY THESE PRESENTS, that the Cape Canaveral Community
Redevelopment Agency, Florida hereinafter called the "Agency"), a Florida public body corporate
and politic, created and existing under and by the virtue of the laws of the State of Florida, for the
value received, hereby promises to pay to the City of Cape Canaveral, Florida (hereinafter called
the "City") or to registered assigns or legal representatives thereof (Collectively, the "Registered
Owner"), on the In day of October, 2013, unless prepaid prior thereto as hereinafter provided, but
solely from the funds hereinafter mentioned, the principal sum of
ONE HUNDRED THOUSAND AND NO/100 DOLLARS
as of the date of maturity hereof and to pay interest on the outstanding principal sum hereof from the
date hereof, as provided in the Agreement, until this Note is fully paid at an annual interest rate equal
to TWO PERCENT (2%) per annum to be used for any Redevelopment Activities and
reimbursement of Start -Up Expenses identifled in that certain Interlocal Agreement between tbe City
and the Agency, dated October 1, 2013 ("Agreement"), and Joint Resolution No. 2013-18, adopted
September 17, 2013 by the City and Agency ("Joint Resolution") (computed on the basis of a year
containing 365 days).
•
In no event, however, shall interest be charged in an amount in excess of the maximum
interest rate permitted to be paid by applicable law.
It is understood and agreed to by the Agency that repayment of this Note will be in annual
equal installments amortized on a ten (10) year term. The first installment shall be due the City on
October 31, 2014 and subsequent installments shall be due each year thereafter on October 31' until
the Note is paid in full. The intent and purpose of this Note is to require repayment no later than the
expiration of the ten year term.
Principal and Interest on the outstanding principal balance of this Note shall be payable in
equal installments, being due during the course of each fiscal year of the City and Agency at the time
stated above, unless the Agency chooses to prepay the Note. Upon execution of this Note by the
Agency, it is the Agency's intent to irrevocably pledge all future tax increment revenues, grants, or
Initial Funding Revenue Note
Page 1 of 3
any other available funding source received by the Agency to repay the outstanding principal and
interest balance of this Note until such time it is repaid in full, excluding annual increment revenues
that are reasonably necessary and budgeted to cover the Agency's annual operational expenses.
Principal and interest due on this Note are payable to the Registered Owner in immediately
available funds upon presentation when due at the offices of the Agency in the City of Cape
Canaveral, Florida.
This Note will be subject to prepayment, in whole or in part, at the option of the Agency on
any date prior to its maturity, without permission or penalty. Notice of such prepayment shall be
given in the manner required by the Agreement, as hereinafter defined.
This Note is issued to finance the Redevelopment Activities and reimburse the City for Start -
Up Expenses identified in that certain Interlocal Agreement between the City and the Agency, dated
October 1, 2013 ("Agreement"), and pursuant to the authority of and in full compliance with the
Constitution and laws of the State of Florida, including particularly Part III, Chapter 163, Florida
Statutes (2012) as amended, and actions by the Agency and the City Council of the City of Cape
Canaveral, Florida, authorizing this Note. This Note is subject to all terms and conditions of
Agreement and capitalized terms not otherwise defined herein shall have the same meanings as
ascribed to them in the Agreement
The payment of the principal of and interest on this Note is secured by a lien on and pledge
of, and the Agency does hereby irrevocably pledge to the payment of this Note and the interest
thereon, (i) a :,xties received by the Agency and deposited in the Redevelopment Trust Fund of the
Agency pursuant to Section 163.387, Florida Statutes, as amended ("increment Revenues"); (ii)
bonds issued by the Agency and secured by the Increment Revenues (the "Agency Bonds"); and (iii)
any other legally available funds of the Agency including, but not limited to, grants, fees, and other
revenues. Reference is made to the Agreement for the provisions, among others, relating to the
terms, lien and security for this Note, the rights, duties and obligations, to all of which provisions
the Registered Owner hereof assents by acceptance hereof.
This Note and the obligations evidenced hereby, when delivered by the Agency pursuant to
the terms and conditions of the Agreement and Joint Resolution, shall not be or constitute an
indebtedness of the Agency, City or State of Florida, within the meaning of any constitutional,
statutory or charter limitations of indebtedness, but shall be payable solely from the designated
revenues, as provided in the Agreement and the Resolution. No holder of this Note shall have the
right to compel the exercise of the ad valorem taxing power of the City or the State, or taxation in
any form of any property therein to pay this Note or the interest thereon.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen and to be performed precedent to and in the issuance of this Note exist, have happened and
have been performed in regular and due form and time as required by the laws and Constitution of
Initial Funding Revenue Note
Page 2 of 3
the State of Florida applicable hereto, and that the issuance of this Note does not violate any
constitutional or statutory limitation or provision.
IN WITNESS WHEREOF, the Cape Canaveral Community Redevelopment Agency,
Florida, has issued this Note and has caused the same to be manually signed by the Chairman, and
attested and countersigned by the Recording Secretary, and its corporate seal or a facsimile thereof
to be affixed, impressed, lithographed 07 reproduced hereon, all as of the 1st day of October, 2013.
ATTEST:
By:
Angela Apperson
Recording Secretary
CAPE CANAVERAL COMMUNITY
REDEVELOPMENT AGENCY
By:
Rocky Randels, Chairperson
Initial Funding Revenue Note
Page 3 of 3
Loan Amortization Schedule
•
Loan amount
Annual interest rate
Loan pshiod In yeas
Number of ris Li per year
Start date of loan
Optional ehdha paymenb
Lee name:
Punt
No. Payment Date
1 10/31/2014 $
2 10/3112015
3 10/312016
4 10!312017
5 10!3112018
6 10/3112019
7 10131/2020
8 10/31/2021
9 101312022
10 10/31/2023
Ehnen values
-s_. 100.000.00.
•;:: 2m. %
10.
t1. 1
10/172013
•_es: .,
Beginning
Balance
100,000.00 $
91,034.01
81,722.04
72.223.83
62,535.65
52,653.71
42,574.13
32.29296
21,806.17
11,109.64
1
3nheduted Extra
Payment
11,13265 $
11.132.65
11,132.65
11,13265
11,132.65
11,132.65
11,132.65
11,132.65
11,13215
11,132.85
Scheduled paynhent
Scheduled number of payments
Actual number of payments
Total early payments
Total interest
Payment Total Payment
$
11,132.65 $
11,132.65
11,132.65
Oa
11,132.65
11,13265
O P
11,132.65
10.
11,132.65
•
11,13265
11,132.85
•
11,109.64
Loan s
autlirPcifY
•$ 1• 1,13265
10
,.:.• :t:•::..:1a
11,6252
PsIndpal
8,965.99 $
9,311.87
9,468.21
9,688.18
9,881.94
10,079.58
10,281.17
10,486.79
10696.53
10,88745
Teres#
21166.87
1,82[1.88
1,834.44
1,44448
1,250.71
1.053.07
851.48
845.88
436.12
222.19
Biding
Balance
$ 91,034.01 $
81,72204
72,223.83
82,535.65
52,653.71
42,574.13
32,292.96
21,808.17
11.109.64
0.00
Cumulative
Entered
2,166.87
3,987.36
5,621.79
7,068.28
8,318.98
9,370.05
10,221.63
10,897.39
11,303.62
11,526.71
•
Invoices for Services related to the creation of the Cane Canaveral CRA
Kimley-Horn
City Attorney
Florida Today
Allen Engineering
Total Paid
Total Paid
Total Paid
Total Paid
Grand Total
$60,773.25
$ 5,961.25
$ 189.77
$ 2,955.00
$69,879.27
Attachment 2
July 12, 2013
Compilation of invoices Paid to Kimley-Horn for CRA related services
Date of invoice
Jul 31, 2011
Aug 31, 2011
Sep 30,2011
Feb 29,2011
Jun 30,2013
Aug 31, 2012
Sep 30, 2012
Oct 31, 2012
Apr 18,2013
May 24,2013
Jun 23,2013
Invoice Number
4500983
4567658
4598584
4734159
4830275
4868504
4944707
4976105
5131543
5156742
5203339
Total paid to date: $ 60,773.25
Amount of invoice
$ 5,302.22
$ 6,700.99
$ 4,662.99
$ 1,063.80
$ 3,900.00
$10,175.00
$16,947.00
$ 5,290.00
$ 2,766.25
$ 2,752.50
$ 1,212.50
=
� � fCimmley-Horn
and Associates, Inc.
CITY OF CAPE CANAVERAL
ATT N: BARRY BROWN
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Please send payments to:
KIMLEY-HORN AND ASSOCIATES, INC.
P.O. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
LUMP SUM
Description
; MVIgt(5iG1Fr1.11-:S
Subtotal
Total LUMP SUM
Total Invoice: 45 OZU
96
Contract Value Complete
17,730.00 29.91%
3.7,730.00 29.91%
Amount Earned
to Date
5,302.22
5,302.22
Invoice for Professional Services
Invoice No:
Invoice Date:
Invoice Amount $5,3
4500983
Project No! 147244000.1
Project Name: CRA FINDING OF NECESSITY
Project Manager: FRAZIER, USA
Client Reference: PO #4640
For Services Rendered through Jul 31, 2011
Previous Amount
Billed
Current Amount
Due
0.00 5,302.22
0.00 5,302.22
5,302.22
Pr. rrLVED BY
'r`. OF C!cir~L CANAVERAL
f 1sS- .L DEPT.
A:E: 3jJ 11
DA:4
)T yvii have guestons or concerns regarding this inVel02, please call Heather Dodson et 561-840-0251
•
WINNIGmley-Horn
aka ak and Associates, Inc.
CITY OF CAPE CANAVERAL
ATTN: BARRY BROWN
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Please send payments to:
KIMLEY-HORN AND ASSOCIATES, INC.
P.O. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
LUMP SUM
Description
Contract Value I Complete
CRA - FINDING of No -own 1 I 17,730.00 67.70%
17,730.00 67.70
Subtotal
Total LUMP SUM
Total Invoice: $6,700.99
•
Amount Earned
to Date
12,003.21
12,003.21
•
•
Invoice for Professional Services
Invoice No: 4567658
Invoice Date: :Aug 31, 2011
Invoice Amount: $6,700.99
•
•
Project No: 147244000.1
Project Name: CRA FINDING OF NECESSITY
Project Manager: FRAZIER, USA
Client Reference: PO #4640
For Services Rendered through Aug 31, 2011 '
Previous Amount
Billed
5,302.22
5,302.22
If you have questions or concerns regarding this invoke, please cal/ Heather Dodson at 561-840-4251
Current Amount
Due
6,700.99
6,700.99
6,700.99
•
•
•
•
prim KCrnley-Hom
a and Associates, Inc.
CITY OF CAPE CANAVERAL
ATTN: BARRY BROWN
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
RC C: IVSD 13Y
;94I ry OF CAPE CANAVERAL.
�'~..L.- DEPT.
L:ArE. lot ��---.--
t S:
Fly send:payments to:
KIMLEY-HORN AND ASSOCIATES, INC.
P.D. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56.0885615
LUMP SUM
Descript#on
Subtotal
Total LUMP SUM
Total Invoice:
:$4 662:99
•
Contract Value Complete
17,730,00 94.00%
17,730.00 94.000/3
v 70
roi
o -
Amount Famed
to Date
16,666.20
9.6,666.20
1
1
Invoice for Professional Services
Invoice No: 4598584
Invoice Date: I E'p fl ?9.14:-
Invoice Amount: $4,66299
Project No: 147244000.1
Project Name: CRA FINDING OF NECESSITY
Project Manager: FRAZIER, USA
Client Reference: PO #4640
For Services Rendered through Sep 30, 2011
Previous Amount Current Amount
Bflted Due
12,003.21
12,003.21
1! you have questions or concerns regarding this invoke, please call Heather Dodson at 562.340-2251
4,662.99
4,662.99
4,662,99
NM S Associates. Inc.
QTY OF CAPE CANAVERAL
ATTN: BARRY BROWN
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Please send payments to:
KIMLEY HORN AND ASSOCIATES, INC.
P.O. BOX 932.520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
LUMP SUM
DesaipUon
CRA: -FINDING of ro w,s 1.
Subtotal
Total WMP SUM
Total Invoke: $1.6.
•
A
Contract Value Complete
17,730.00 100.00%
17,730.00 1100.00%
•
CITY OF CAPE CANAVERAL
FINANCE DEPARTMENT
RECEIVED
By Choy! Pule° at 4:38
Amount Earned
to Date
17,730.00
17,730.00
m, Mar' 15, 201,2
Invoice for Professional Services
Invoice No: 4734159
Invoice Date: n;29i
Invoice Amount: 1,063.80 '
Project No: 147244000.1
Project Name: CRA FINDING OF NECESSITY
Project Manager: FRAZIER, LISA
Client Reference: - ' o 44640 .
For Services Rendered through Feb 29, 2012
Prevbus Amount
16,666.20
1.6,666.20
Current Amount
Due
1,063.80
1,063.80
1,063.80
Q�KfmkyHom
. and Associates, Inc.
•
CITY OF CAPE CANAVERAL
ATTN: BARRY BROWN
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Please send payments to:
KIMLEY-HORN AND ASSOCIATES, INC.
P.O. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
LUMP SUM
Description
CRA ..FINDING OF NECESSITY
AMENDMENT #1
AMENDMENT #2
Subtotal
Total LUMP SUM
Total Invoice: $3,900.00
Contract Value
17,730.00
3,000.00
3,900.00
24,630.00
%
Complete
100.00%
100.00%
100.0090
100.00%
Amount Eared
to Date
17,730,00
3,000.00
3,900.00
24,630.00
If you have any questions or contents pleasie call Martha Doyle at 561-840-0290.
Invoice for Professional Services
Invoice No: 4830275
Invoice Date: Jun 30, 2012
Invoice Amount: $3,900:00
Project No: 147244000.1
Project Name: CRA FINDING OF NELcaan u t
Project Manager: FRAZIER, USA
Client Reference: PO M640
For Services Rendered through Jun 30, 2012
SCANNED
Previous Amount Current Amount
Billed Due
17,730.00
3,000.00
0.00
20,730.00
0.00
0.00
3,900.00
3,900.00
3,930.00
•
•
•
ri
Kimley-Horn
II.. MNand Associates, inc.
CITY OF CAPE CANAVERAL
ATTN: BARRY BROWN
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Please send payments to:
KIMLEY-HORN AND ASSOCIATES, INC.
P.O. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
LUMP SUM
Description
TASK 1.0 - 3.0 PHASE I
TASK 4.0 - 6.0 PHASE II
Subtotal
Total LUMP SUM
Contract Value
16,500.00
37,400.00
55,900.00
Total Invoice: $10,175.00
Invoice for Professional Services
CITY OF CAPE CANAVERAL
FINANCE DEPARTMENT
% Amount Eamed
Complete to Date
55.00%
0.00%
18.20%
10,175.00
0.00
10,175.00
Invoice No: 4868504
Invoice Date: k43f; 2012
Invoice Amount: $10,175.00
Project No:
Project Name:
Project Manager.
Client Reference:
148192000.1
CAPE CANAVERAL CRA CRP
KLEPPER, KELLEY
For Services Rendered through Aug 31, 2012
RECEIVED
Sy Cheryl Puleo at 40:15 am, Oct 24, 2012
Previous Amount
Billed
0.00
0.00
0.00
Current Amount I
Due SCANNED
10,175.00
0.00
10,175.00
10,175.00
DESCRIPTION OF SERVICES:
. Property valuation; analysis;'revlew.of existing documents, update of finding of necessity (final FON), BOCC:and City Council FON
:delegation%approval meetings, rIF. and property valuation, analysis
1/ you have questions or concems; please call Mary Olderich at 991-379-7635.
d m bB �l l as�--
34MR0
Kimley-Horn
and Associates, Inc.
City of Cape Canaveral
Financial Services
all' OF CAPE CANAVERAL
ATTN: BARRY BROWN
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Pease send payments to:
KIMLEY HORN AND ASSOCIATES, INC.
P.O. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
UJJ4P SUM
TASK 1.0-3.0PHASE I
I TASK 4.0 - 6.0 PHASE 11
l
1 Toch! WMP SVM -
RECEIVED
By C.Puleo at 5:36.prn,..4
Invoice kir Profession al S(.1vIeC
Invoice No: 4944707
Invoice Date: ; SePt0; 2&2
Invalce Amount: $16,947.00
Project No: 148192000.1
Project Name: CAPE CANAVERAL CRA CRP
Project Manager: KLEPPER, KELLEY
Client Reference:
For Services Rendered through Sep 30, 2012
SCANNED
% Amo
mt Date Promus Amount Current Amount
Description Contract Value Complete to Billed Due
18, 500.00 I 90.00% 16,650.00 I 10,175.00 6,475.00 I
37A(10.00 1 28.00%6 10,472.00 I 0.00 10,472-00 I
55,980.00 1 48.52% 27,122.00 I 10,175.00 16,947.00 I
167947.1
PROPERTYYALLUATION ANALYSIS, REVIEW OF EXISTING DOCUMENTS, UPDATE OF FINDING OF NECESSITY (FINAL
FDN); TIF ESTIMATES, QP PRELIMINARY SPREADSHEET; COMMUNITY WORKSHOP AND CITY COUNCIL
PRESENTATION (9/18), CRP PREPARATION
Total Invoice: 4/6,947.0
Ok P V6/13
T7*7
If you have querns or gets, please i/I Mary Olderr'dr at 991-379-705.
Payment Authorized by:
invoice #1 0t1"1107
Visa or.:heck circle one)
Date:
Amount: Si( -,•q r?,1%?)
JOAO
Cin Kimley-Horn
and Associates, Inc.
CITY OF CAPE CANAVERAL
ATTN: TODD MORLEY
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Please send payments to:
KIMLEY-HORN AND ASSOCIATES, INC.
P.O. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
LUMP SUM
Description
TASK 1.0 - 3.0 PHASE I
TASK 4.0 - 6.0 PHASE 11
Subtotal
Total LUMP SUM
Total Invoice: :`'$5,590 00
DESCRIPTION OF SERVICES:
Revlsiohs`to CRP Tncluding .TIF:projections.
°LPA.public..1 Bring:'.
Invoice for Professional Services.
Invoice No:
Invoice Date:
Invoice Amount:
Project No:
Project Name:
Project Manager:
Client Reference:
4976105
Oct 31;:2012
$5,590.00
148192000.1
CAPE CANAVERAL CRA CRP
KLEPPER, KELLEY
for Services Rendered through Oct 31, 2012
SCANNED
% Amount Earned
Contract Value Complete to Date
18,500.00 100.0D% 18,500.00
37,400.00 38.00% 14,212.00
55,900.00 58.52% 32,712.00
If you have questions or concerns, please call Mary OIderich at 991379-7635.
Previous Amount Current Amount I
Billed Due
16,650.00 1,850.00
10,472.00 3,710.00
27,122.00 5,590.001
5,590:00 1
Ct;Y OF CAPE CANAVERAL
FINANCE DEPARTMENT
[RECEIVED
By Cheryl Pule° at
Payment Authorized by:
Invoice #'1giLol05
Visa or circle one)
Date: i-lcg-f3
Amount: 55 5g(),00
3090
Kimley-'Horn
and Associates, Inc.
CITY OF CAPE CANAVERAL
ATTN: TODD MORLEY
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Please send payments to:
KIMLEY-HORN AND ASSOCIATES, INC.
P.O. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
COST PLUS MAX
Project Summary
Contract Value
Previous Billings
Current Invoice
Remaining Contract Value
Description
10AIMPLEMENTATION/GRANTS.PFtOGRAM
1 EXPENSES
Subtotal
I Total COST PLUS MAX
Total Invoice:;; $2,766.25
8,000.00
0.00
2,766.25
5,233.75
Invoice for Professional Services
Invoice No:
Invoice Date:
Invoice Amount:
FILE COPY
5131543
Apr 18,.2013
$2,766.25
Project No: 148192000.3
Project Name: CAPE CANAVERAL CRA CRP
Project Manager: KLEPPER, KELLEY
Client Reference:
For Services Rendered through Mar 31, 2013
11,•I:I,.L;L
Current Amount Due I
2,766.251
0.00
2,766.25 I
7,766.25:1
SCANNED
DESCRIPTION OF SERVICES:
• CRA Programs review and summary document (Program Description/Overview, intent, overall program requirements and
qualifying conditions) and revision per Client comments.
Payment Authorized by-C--
Invoice
y-—Invoice tt Sr'/ 13
Visa oahec ircle one)
Date: 5 -ICC- 13
Amount: SZ, -766.25
If you have questions or concerns, please call Mary O/fdenth at 941-379-7635.
341a
C- Kimiey-Horn
and Associates, Inc.
CITY OF CAPE CANAVERAL
ATTN: TODD MORLEY
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Please send payments to: ,
KIMLEY-HORN AND ASSOCIATES, INC.
P.O. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
COST PLUS MAX
Description
I,:GRANtPROGRAM I
I Subtotal
Total COST PLUS MAX
Contract Value
7,500.00
7,500.00
Total invoke: .S2 752.50
Amount Billed to
Date
5,518.75
5,518.75
Previous Amount
Billed
2,766.25
2,766.25
Invoice for Professional Services
Invoice No: 5156742
Invoice Date:
Invoice Amount: $2,752.50
Project No:
Project Name:
Project Manager:
Client Reference:
148192000.3
CAPE CANAVERAL CRA CRP
KLEPPER, KELLEY
For Services Rende C�py
Current Amount I
Due
2,752.50 I
2,752.50
2,752.50
r �•
By E erg
DESCRIPTION OF SERVICES:
•;CRAfirograms..and incentfvessummary Including program requirements
• Review -meeting with City (4/29)
Payment Authorized
Invoice #51:74Z
Visa o(Check ircle one)
Date: l 5
Amount: S 9 75Z..5
If you have questions or concerns, please call Mary Olderlch at 941-379-7635.
4" NED
34MR0
C!/e Kiimley-Horn
and Associates, Inc.
CITY OF CAPE CANAVERAL
ATTN: TODD MORLEY
7510 N. ATLANTIC AVE
PO BOX 326
CAPE CANAVERAL, FL 32920
Please send payments to:
KIMLEY-HORN AND ASSOCIATES, INC.
P.O. BOX 932520
ATLANTA, GA 31193-2520
Federal Tax Id: 56-0885615
COST PLUS MAX
IDescription
I GRANT PROGRAM
1 Subtotal
I Total COST PLUS MAX
Total Invoice: $1,212.50
Contract value
7,500.00
7,500.00
Amount Billed to
Date
6,731,25
6,731.25
RECEIVED
By C.Puleo at 12:57 pm, .Jun Z4, Of 3
Invoice for Professional Services
Invoice No: 5203339
Invoice Date: ,un.234;2013
Invoice Amount: $1;212.50
Project No: 148192000.3
Project Name: CAPE CANAVERAL CRA CRP
Project Manager: KLEPPER, KELLEY
Client Reference:
For Services Rendered through May 31, 2013
Previous Amount Current Amount
Billed Due
5,518.75 1,212.50
5,518.75 1,212.50 I
1,212.50
DESCRIPTION OF SERVICES:
• iZevised.CRAPrograms document per Client comments Including application forms.
Payment Authorized by: i57C.
Invoice # 52o333'1
Visa ortliss circle one)
Date: 6p-241-13
Amount: 5 i, 7_i 2.50
If you have questions or concerns, please call Mary Olderich at 941-37.9-7635.
NANO
Zh
Compilation of invoices paid to the City Attoniev (Brown. Gareanese. Weiss & D'Aurest& P.A.)
for CRA related services
Date of Invoice
Nov 06, 2012
Dec 07, 2012
Jan 03, 2012
Feb 04, 2013
Mar 04, 2013
Jul 01, 2013
Aug 06, 2013
Total paid to date: $ 5,961.25
Invoice Number
54007
54679
54754
55147
55518
57010
57395
Amount of invoice
$ 1,080.00
$ 2,979.00
$ 615.85
$ 150.00
$ 131.40
$ 930.00
$ 75.00
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
ATFORNEYSAT waw
Past sza21173
say
07042545
(40702119596 FAX
oat firmentfolavast
Webs weractandsbuiact
Myr/Cape °nave:al
105 Polk Avenue
Cape C v msl,PL32920
Attention: Chy
�,� Manager
' Cabe Canavuat
•
•
DATE
0ct-16-12
04-19412 •
Oct22-12
Od•2342
0et:4A-12
oy_ re fr:lettv
Vi7lfim WiryRedevelopment 4neney
.;. ^'! .>'.•t�t.,!,,
RECEIVED. /RLQ .::::. • .•�Y! l Y�
By Cheryl kuleO at 1O i .,-r y '�.;i
t
DffiiCRIVTION
.42012
PHs* 5136054
FIN: 59072519
cm, OF CAPE CANAVERAL
PENANCE DEPARTMENT
HOURS AMOUNT LAWYER
Attention to phn adoption question incite 1.00 150.00 AA0
Legal us0-Ahr,.1regmemgCRAisaue and2.30 345.00AAO
County era ►to approve CRA plan;
telqiume coniine with R. Boum regaoding
Same`
Strategy eg thug CRA and Cour? 0.50 75.00 KWL
oonsidmation ofplan.
Review County delegatiwa rescdution and 1.00 150.00 AAG
analyze statute twang Nan Amendment.
Receive and review Brevard regia 0.70 105.00 KWL
delegating authority to City for t A; strategy
zegsrding County's reservation *frights related
to same.
'Mph= coaxes= with Assistemt County1.50 72.00 AAO
A pupate detailed email to t 8t
=eftCotes delegation ofsudelegation ofauthodty.
Email from 8. Knox regmding County CEA 020 30.00 AAAr0
fit.
� s
�D
ono
$ stsno
loots sAn
coo
--goo
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Post Office Box 2873
adude. Ft. 37802.2873
(407) 425•9366
(407)425.9396 FAX
emSk t%florl adolawae
wwwv ott®dolaw.aet
My of Cape Cimavetral
105 PalkAvenue
Cape Carnal I, • L 32920
ATTORNEYS AT LAW
CA -to pi
aft, litet arretdar-
1
Attentions City Manager
RE: Cape Canaveral Cormnunity Redevelopment Agency
:December 7, 2012
File #: 513454
Inv it: 54679 -
FIN: 593372519
DATE DESCRIPTION HOURS AMOUNT LAWY a rt
Nov -01-12 Attention to CRA issue; legal research. 1.20
Telephone conference with B. Brown
regarding approval schedule for CRA plan;
telephone conference with T. Morley regarding
same and regarding CRA bylaws; attention to
CRA meeting scheduling issues; research CRA
bylaw requirements.
Nov -42.12 Correspondence regarding CRA Meeting, 0.20
regarding creation of trust fund.
Nov -05-12 Telephone conference with County Attorney; 0.60
telephone conference with B. Brown regarding
plan adoption process.
Research statute regarding creation of CRA 1.50
trust fiord; correspondence with staffregarding
same; receive and review draft notice to taxing
authorities; correspondence with staff
41 '
;er: VIl'' ,g GRA plan approval; strategy
IrIJ.
regarding same.
1.10
180.00 AAG
165.00 KWL
30.00 KWL
90.00 AAG
225.00 KWL
Nov4642
Nov -0742
I12
?4ov49-12
Nov -1342
Nov -1442
Not -1642
Nov49-12
Nov4042
Novi»12
Nov130-12
Research statutes
red* bylaws of
is
and
now roseatecorollas Wend* tont
pews triune added* oust
West on CRA nest Pud ooc r
relied to sans
lblepbone oadk+enoe with t Hoag
regardiog bylaws, Intrados agenda sad
arnizadomd bases.
Review and edit trust And *Asa
%dcoestwit Thad ordlammoe; attention to
CRA agenda bents; receive and review agenda
p attention to - revisions and &noun
same with gal
Pura fly and attend CRAB
including dnigeits to CAPS.
Attention to CRA Moetg stank review of
CRApbs4 finalize tmstfnndordinals fix
Come agenda and transmit to strig
emespondeneeadth B. Moon regadbg life
of CRA; audios to plan revision.
Follow op mauling Agency
Wang da ed enroll to B. Brown.
Receive and review mail Sem B. Brown
enroll to County At
Coueopondeace regatta County
oondduallostofpien& amendment to
Coady rest s.
Entails regarcllas CRApian resolution.
Receive and review notice to tang to taxbg
authoddes regarding pit
Wee notice to taxing fides; review
statutes sad email sante b stet
1.00 150.00
1.70 255.00
0.00 60.00
OA0 60.00
1.0 270.00
5.00 750.00
2.00 300.00
1.00 150.00
OA0 60.00
020 30.00
0.30 45.00
030 45.00
02.0 30.00
0.40 60.00
KWL
KWL
KWL
AA0
KWL
•
AAC
KWL
AAO
AAO
KWL
AMi
AAG
Kai.
KWL
•
•
1
•
Invoice *
S[1MMARY
ANTHONY AGARGANESE
KATIE ' W.IERE
IiREUESEMENIS
rho�ea
54679
HOURS
9.20
10.50
US nlsbnrsentents
Previous Balance
ice Nov Due
19.70 37,955.00
RATE
$150.O0
$150.00
TOTAL FRU
$1,380.00
$1,575.00
24.00
S4.UU
1
BROWN, GARGANESE, WEISS & ]D'AGRESTA, P.A.
ATTORNEYS AT LAW
Pest Office Box 2873
Orlando, OL 328024873
(407) 425-9566
(407)425.9595 FAX
ems: finzgariandolawnes
B vrwsvntiandeirev.aer
ctyofCape Canaveral
105 PoikAvenue
Cape Canaveral, FL 32920
City of Cape Canaveral
Financial Services
RECEI
Attention: City Manager ByGf?uleoa
Cape Canaveral Community Redevelopment Agency
DATE DESCRIPTION
Dec -03-I2 Review County resolution and agenda item
ensaa D. Brown; email County Attorney with
commentaWrevisions to delegation resolution.
...A....4. regarding County resolution
and approval of plan.
Dec.04-12 Rrn'iic with County regarding delegation
Dec -46.12
Dec -07-12
resolution.
Correspondence with B. Brown regarding
Council approval of plan and public notice
reguiremeats for same; research same.
Telephtone conference with B. Brown
regarding notice of public hearing for Council
consideration of plan; receive and review ad
If.
Do -10-12 Correspondence with staff regarding legal ad
for CRA plan approval.
Deo -17-12 Attention to loan issue.
Correspondence with T. Morley regarding
CRA loan from City; receive and review basic
business terms for same.
January 3;:2013
File 11: 513-054
Inv .#:..:. 54754
PIN: 59.33725I9
oI4 '-o P
3 ci-3/o a0 e)
3
HOTFRS AMOUNT LAWYER
1.40 210.00 AAG
0.20 30.00 KWL
0.40 60.00 AAG
0.50 75.00 KWL
0.30 45.00 KWL
0.20 30.00 KWL
0.40 60.00 AAG
030 45.00 KWL
Invoice i. 54754
�c4742 Receive end review email retpsdbigt A' 0.10
Pat
Totes
SUMMARY
AaOAROANESE
KATHERINE W. LATORRE
HOURS
230
130
DISSORSENSNIS
P1ivg4
Nov -0742 ,k Research Met
Tot*
Disbatl
Prevtnus$ae
Basuto Now Due
ISO
15.00
$570.00
Turas. FEES
$345.00
$225.00
5.50
40.35
silosiA
2,979S0
1
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
ATIMINEIMATLAW
OdareasFL 72802173
4234566
A3$A396PAX
omit
Stink wevradasislawart
City DEN* Catuwaal
105P Mats
Cape Cravatal, PL32920
Attention: Cay hitmager
RE: Caped C ;I% RcdanlopmattAgency
•
•
DATE
13
Jan2543
DESCRIPTION
•
meth 5;37(14
PIN: 594372519
iftyof Caps Canaveral
Financial Services
RECEIVED
By cpuleo at 6:02 pm,
001188
Thloithone =Ram with B. Blown
zeipadhu; CRA Sues and basmdmy
ameadmeat; research same.
Research atd anon to 8. &own regadbg
amending boundaries o&lares to exclude
PAY•
MIS
SUMMARY
ROWS
ICAssummelE W. LA1ORRE 1.00
& DIsbarsemeats
Previous Balance
Previous Pests
Rahn low Due
LAWYER
GAO 60.00 n
0.60 90.00 KW
I.00 $150.00
RATE
$150.00
Tarim HM
$150.00
3$485
3,59'4.83
BROWN, GARGANEAtSE, WEISS c D'AGRESTA, P.A.
YSATLAW
Pan Me Da12873
alaada,a 3 173
(4W
007) 425-996 FAX
eat dotawaat
Welts snatendotawmat
City of Cap Commend
105 Follavean e
Cape Cameral, FL 32920
9r1 i 4 2lD#3 :..
Filo �: :Si3.054
FIN: 59-3372519
City 0 Cape Canaveral
Financial Services
Attendant Cdy Manager
BE: Cape Canaveral Community Redevelopment Agency
• RECEIVED
By cpulea at 6:06.
DATE
P401-13
DESCRIPTION
•
�•: _r
NrI. :.. .�.rr.ij
•K•rruf - '�1.►'F.
HOURS AMOUNT
Action to Greenberg public retort must 0.50
tel re 1, comae with B. Brawn regsdiog
saw xrh public notice its for
plan `al 1rocos • ife
end amespondence with A. Awn
repricing same.
Feb -04-13 Attentksto botmdary issue.
Tops
SIMMARY
ANTHONYA GAItOANESE
KATHERINE W. LATORRE
DISBURSEMENTS
SOURS
020
030
Jass43413 Online Computer Research Cost
Toffs
020
030
RATE
$150.00
$150.00
75.00
30.00
$105.00
LAWYER
TOTAL PEES
$30.00
375.00
24x40
SSAU
XWL
AAO
•
Webs t
55518
PnttaPayments
Bakuto Now bus
•
•
i
.�.p.w............
�.
150,00
•
3
•
•
Oh
•
•
•
•
i
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
ATTORNEY8AT LAW
PsMxBox 2873
&ando.FL 328024873
(407) 42519566
(407)425-9596 FAX
fimedandolawaet
Websitc .aea
City of Cape Canaveral
105 Po&kAwnue
Cape Canaveral, FL 32920
Atter: City Mier
RE: Cape Canaveral Community Redevelopment Agency
r
Mb
DATE
Am -03-13
Jun -12-13
Jun -26-13
Jun -27-43
DESCRIPTION
Email exchange with T. Morley rem
CPAloan.
Foe #: 513-054
FIN: 59-3372519
HOURS AMOUNT LAWYER
0.20 30.00 AAO
Telephone c se with. T. Morley 4.30 645.00 AAG
regarding loan documents; email e
with City Manager regarding same; finalize
revisions to Ioan documents.
ts.
Email from T. Morley regarding loan
document
Modify CIA loan domments; research startup
cost est; email to T. Morley mending
semae.
Totals
SUMMARY
HOURS
ANTHONY GARGANESE 6.20
Feels& Dement
Pi+evio Balance
•
0.10 15.00 AAG
1.60 240.00 AAO
620 5930.00
RATE
3150.00
TOTAL FRES
3930.00
1
•
•�r.0
::..::.131x40 ..
Invoice F: 57010
Previous Payments
Balance Now Due
RECEIVED
By E: Baker al`7:7rir '1
131.40
$930.00
BROWN, GARGANESE, WEISS & IYAGRESTA, P.A.
ATTORNEYS AT LAW
Pons Office Box 2373
Orlando, FL 328022873
(407) 425-9566
(407) 425-9596 FAX
e-mail: fum(@orlandolaw.net
Website: www.orlandolaw.net
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Attention: City Manager
RE: Cape Canaveral Community Redevelopment Agency
August 5, 2013
File #: 5I3-054
Inv #: 57395
FIN: 59-3372519
DATE DESCRIPTION HOURS AMOUNT LAWYER
Jul -01-13 Telephone conference with T. Morley 0.30 45.00 AAG
regarding adoption process for loan agreement
and review related statutes.
Jul -30-13 Telephone conference with A. Apperson 0.20 30.00 KWL
regarding CRA meeting items and schedule.
Totals 0.50 $75.00
SUMMARY
HOURS RATE TOTAL FEES
ANTHONYAGARGANESE 0.30 $150.00 $45.00
KATHERINE W. LATORRE 0.20 $150.00 $30.00
Total Fee & Disbursements
Previous Balance
Previous Payments
Balance Now Due
RECEIVED
By E. .Bever at 7:25 arm g
$75.00
930.00
930.00
$75.10
Compilation of invoices Haid to Florida Today for CRA Publicatiions
•
Date of Invoice
Mar18,2013
Aug 29, 2013
Total paid to date: $ 189.77
Invoice Number
0006670175
0006856111
Amount of Invoice
$ 46.49
$ 143.28
•
FLORIDA
TODAY
foridatuda alyssum
ADVERTISING INVOICE
CAPE PUBLICATIONS, INC.
MAIN OFFICE: 13211 24? 3500 N. BREVARD L INDIAN RIVER: 1 800 633.8449
ADVERTISING INQUIRIES: (3211 ?42.3711 ' BILLING tI4OUERIES (6771 333.2403
ADVER1ISI ZG FAX:13211 242.6610 ' BILLING FAX:18661 226-7232
CITY OF CAPE CANAVERAL
PO BOX 326
CAPE CANAVERAL FL 32920-0326
DATE PUB CLASS
0304
0320 i
10327
0329
R • FTC 0066
•
•
Thank You For Your Business!
DESCRIPTION
PREVIOUS BALANCE
PAYMENT THANK YOU
PAYMENT THANK YOU
03/29 Xfer Pmt Debit
-A1)11299576,03/18/20 1 1 18,(0
INVOICE NUMBER
00050 035.
FOR THE PERIOD
03/04/13
DUE DATE
04/15/13
COLI DEPTH 1V2 TOTAL SIZE RATE
LF/I 01/3
CONTRACT TYPE CONTRACT COMMITMENT CONTRACT EXPIRES
4
SALESPERSON PH a EXT
CICALA
18.00 2.58
CURRENT
OVER 30 DAYS
OVDt 60 DAYS
OVER 90 DAYS
OV131120 DAYS
TOTAL DUE
AIM x'1,1
ACCOUNT NUMBER
6CI209
AGENCY NUMBER
THROUGH
03/31/13
AMOUNT DUE
46.49
AMOUNT
278.48
109.45-
2,736.03-
2,567.00
46.49
. 00
. 00
. 00
. 00
46.49
4
FLORIDA
DAY
flaridarodat wom
if you have any questions regarding the charges
on this invoice and you wish to contacl us in writing,
please send your email to the following address:'
BILLINGINOUIRIES@ LATODATMT
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO:
FLORIDA TODAY PAYMENT CENTER
P. 0. BOX 677592
DALLAS, TX 75267-7592
6C1209
CITY OF CAPE CANAVERAL
PO BOX 326
CAPE CANAVERAL FL 32920-0326
6C12090000000000000000066701750000464910284
Mailed to:
City of Cape Canaveral
Attn: Mia Goforth
PO Box 326
Cape Canaveral, FL 32920
STATE OF FLORIDA
COUNTY OF BREVARD
A daily publication by.
Before the undersigned authority personally appeared BONNIE BERRY, who on oath
says that she Es LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY, a newpaper
published in Brevard County, Florida; that the attached copy of advertising being a
LEGAL NOTICE
IWO tC.e. Joaofp6o7o tcl 5
Ad # 299575. $ 46`49: the matter of:
Acct #( 6C1209
CITY OF CAPE CANANVERAL
the Court NOTICE OF FILING
as published in the FLORIDA TODAY in the issue(s) of:
•
March. 18, 2013.
Affiant further says that the saki FLORIDA TODAY is a newspaper in said Brevard County,
Florida, and that the said newspaper has heretofore been continuously published in said
Brevard County, Florida, regularly as stated above, and has been entered as periodicals
matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement; and affiant
further says that she has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing vertisement f�
publication in said newspaper.
d .
Sworn' to and:subscribed before this:
49'''r`a 0:"� RENEE AMBROSE
MY COMMISSION fl EEI82148
!}}� EXPIRES: April 29, 2016
Personally Known X or Produced identification
Type Identification Produced:
;Bnature
18th day of March 2013
l (Signature of Notary Pubic)
Renee Ambrose
(Name of Notary Typed. Printed or Stamped)
Gannett NON -SAI Invoice
FLORIDA
DAY
xrm.%Tilt FMrscOlsi
FLORI DA1DAY..
6CI2090000000000000000068561110002825810287
CITY OF CAPE CANAVERAL
PO BOX 326
CAPE CANAVERAL, FL 32920-0326
Page 1 of 1
ADVERTISING INVOICE/STATEMENT
Terris:
A late payment fee of 1.5%, 18% per annum, will be added to
past due amounts
RETURN THIS SECTION TO ENSURE PROPER
CREDIT,
PLEASE MAKE YOUR PAYMENT PAYABLE TO:
Florida Today
P.O. Box 677592
Dallas, TX 75267-7592
PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE
DATE EDT CLASS DESCRIPTION
0805 PREVIOUS BALANCE
0819 PAYMENT THANK YOU
08.22, FTCL 0066 N0.XX-201-AD#311896-8/22/201
0829 FTCL 0066 201-316 -AD#312362,08/29/20
CURRENT
282.58
TIMES
RUN
CUSTOMER NO I INVOICE NO.
6CI209 0006856111
DUE DATE I AMOUNT DUE
9/I6/2013 I 282.58
FOR THE PERIOD I THRU
08/05/13 09/01/13
AMOUNT PAID I
DEPTH COL TSIZEL
RATE
1 70.00
1 72.00
1 70.00 1.99
1 72.00 1.99
AMOUNT
656.35
656.35-
139.30
143,28
RECEIVED
By E. Bever at 8:55 am, Sep 03, 2013
OVER 30 DAYS OVER 60 DAYS I OVER 90 DAYS OVER 120 DAYS TOTAL DUE
.00 .00 .00
.00 J 282.58
S LESPERSON
CICALA
The rate shown on this invoice may be subject to adjustments. upward or downward, al the termination of the current contract year. Lineage for the previous
and current contract is available upon written request. If there is any error with your advertising or billing you must notify us within 45 days of publication in
order to receive any credit.
TO ENSURE PROPER CREDIT. PLEASE RETURN TOP SECTION AND INCLUDE YOUR CUSTOMER NUMBER ON REMITTANCE
CUSTOMER NO. NAME INVOICE NUMBER
6CI209
F1 Y
r.oko..0t1NY.
CITY OF CAPE CANAVERAL
YOUR NUMBER 1 SOURCE FOR NEWS AND INTERACTION ON THE SPACE COAST.
ADVERTISING INVOICE/STATEMENT
0006856111
DUE DATE
9/16/2013
For your records:
AMOUNT PAID
https://ssl.suresecure.conif1nvoiccV iew/lnvoice.aspx?CukCPK5uF0g6aBL 9/3/2013
View Legal M# 312362
Print Window Close Window
AD1/312362,0812 [[/2013
NOTICE OF PUBLIC HEARING
CAPE CANAVERAL CITY COUNCIL
Notice Is Hereby Given that the Cape Canaveral City
Council wil conduct a Public Hearing on proposed
amendments to the Cape Canaveral Community
Redevelopment Agency • Community Redevelopment Plan
on Tuesday, September 17, 2013 at 6:00 PM In the Cape
Canaveral Library, 201 Pock Avenue, Cape Canavcrol.
Florida. The qty Coundt vyp consider me proposed tin
amendments set forth In the Sowing resokrtions:
RESOLUTION N0.2013.16
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, FLORIDA, AND THE CAPE
CANAVERAL COMMUMTY REDEVELOPMENT AGENCY
(`AGENCY, PROVIDING FOR THE APPROVAL OF AN
INTERLOCAL AGREEMENT AUTHORIZING A LOAN
FROM THE CITY TO THE CAPE CANAVERAL
COMMUNITY REDEVELOPMENT AGENCY, tH AN
AMOUNT NOT TO EXCEED $100.00000. FOR
PURPOSES OF INITIALLY FUNDING THE CAPE
CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
SO IT CAN COMMENCE REOEVELOW%MENT ACTIVITIES
WITHIN THE REDEVELOPMENT AREA AND REIMBURSE
THE CITY FOR CERTAIN START-UP EXPENSES
INCURRED BY THE CITY TO ESTABLISH AND CREATE
THE AGENCY: PROVIDING FOR THE INCORPORATION
OF THE TERMS AND CONDITIONS OF THE
INTERLOCK- AGREEMENT INTO THE
REDEVELOPMENT PLAN OF THE CAPE CANAVERAL
COMMUNITY REDEVELOPMENT AGENCY; PROVIDING
FOR THE REPEAL OP PRIOR INCONSISTENT
RESOLUTIONS, N0 CONFLICTS; SEVERABILITY. AND
AN EFFECTIVE DATE
RESOLUTION NO.2013.19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL FLORIDA, AMENDING THE CAPE
CANAVERAL COMMUMTY REDEVELOPMENT AGENCY
• COMMUNITY REDEVELOPMENT PUAH TO MODIFY
THE BOUNDARIES OF THE REDEVELOPMENT AREA
ADOPTING A REMISED BOUNDARY MAP AND LEGAL.
DESCRIPTION, ATTACHED HERETO AS EXHIBIT •A';
ANO INCORPORATING RAID MAP INTO THE CAPE
CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
• COMMUNITY REDEVELOPMENT PLAN: PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE
The resolutions aro available for iespectlen during office
hours. Monday through Friday. 830 AM to 6.'00 PM in the
Ace of the City Cleric, 105 Patio Avenue, Cope Canaveral.
FL 32920. Interested parties may appear at the meeting and
be heard with respect to the proposed amendments.
Angela Apperson
Assistant City Manager/City Clot
AD#: 312362
Pubticsdcn. Ronde Today
First Published: 08-29-2013
Page 1 of 1
http://legals.flatoday.netldb/display.htm?CMD=DISPLAY&1da85832 8/30/2013
sLLEN
E ngineering, Inc.
Invoice
CITY OF CAPE CANAVERAL
BARRY BROWN
7510 NORTH ATLANTIC AVENUE
CAPE CANAVERAL. FL 32920
Client ID: C0798
lob No.: 130004
RE:
•
D,
(321) 783.7443
FAX (321) 7838902
10613D0EM7E—P.Q BOX 321321. COCOAOEPO, R.QRIQA329324321
Invoice Number:
April 30, 20) 3
31]98
PREPARE DESCRIPTION AND MR€EIVED BY
CITY OF CAPE CANAVERAL
FINANCE DEPT.
DATE 5 n I?
Professional Services for the Period Ending February 20, 2013
PREPARE EASEMENT DESCRIPTION AND ILLUSTRATED MAP OF LAND TO BE INCLUDED IN
CRA
Aged Receivables:
CURRENT
$ 2,955.00
•
31-60 DAYS
$ 0.00
TOTAL AMOUNT DUE
61-90 DAYS
$ 0.00
91-120 DAYS
$ 0.00
+120 DAYS
$ 0.00
A11 invokes are due upon receipt A late charge of 1.S% will be added to any unpaidbalance after 30 dabs.
$2,955.00
$2,955.00
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 9/17/2013
Item No.
Subject: Resolution No. 2013-19; amending the Cape Canaveral Community
Redevelopment Agency — Community Redevelopment Plan to modify the boundaries of
the Redevelopment Area to exclude land from the Redevelopment Area, adopting a
revised Boundary Map and Legal Description, attached hereto as Exhibit "A"; and
incorporating said Map into the Cape Canaveral Community Redevelopment Agency —
Community Redevelopment Plan; providing for the repeal of prior inconsistent
resolutions, severability, and an effective date.
Department: Community and Economic Development
Summary: On December 18, 2012, Council adopted the Community Redevelopment
Plan including a map of the Community Redevelopment Area boundary. Subsequently,
a metes and bounds legal description of the boundary was prepared. During review of
the legal description, several errors in the Boundary Map were identified: 1) one county
property had been included in the boundary, 2) five parcels were split by the boundary
and a parcel must be entirely in or out of the CRA, and 3) other minor anomalies. As
such, minor revisions to the Boundary Map were necessary and are reflected in the
attached revised Boundary Map.
The Community Redevelopment Agency recommended approval of this item prior to the
City Council meeting on 9/17/13.
Submitting Director: Barry Brown % Date: 09/10/2013
Attachment: Resolution No. 2013-19 with Exhibit A -Revised CRA Boundary Map.
Financial Impact: Staff time and effort to prepare this Agenda item.
Reviewed by Finance Director: John DeLeo Date: cilici v?
The City Manager recommends that the City Counci �( ke the following action:
Approve revised CRA Boundary Map as recommended b9 the CRA Board.
Approved by City Manager: David L. Greene t9 `1r4 -
City Council Action: [ ] Approved as Recommended
[ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Date: 7//o/f3
RESOLUTION NO. 2013-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL FLORIDA, AMENDING THE
CAPE CANAVERAL COMMUNITY REDEVELOPMENT
AGENCY — COMMUNITY REDEVELOPMENT PLAN TO
MODIFY THE BOUNDARIES OF THE REDEVELOPMENT
AREA TO EXCLUDE LAND FROM THE
REDEVELOPMENT AREA, ADOPTING A REVISED
BOUNDARY MAP AND LEGAL DESCRIPTION,
ATTACHED HERETO AS "EXHIBIT A" AND
INCORPORATING SAID MAP INTO THE CAPE
CANAVERAL COMMUNITY REDEVELOPMENT
AGENCY — COMMUNITY REDEVELOPMENT PLAN;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, in 2012 the City Council created the Cape Canaveral Community
Redevelopment Agency ("Agency") pursuant to Resolution 2012-16; and
WHEREAS, subsequent to the creation of the Agency and defining the Community
Redevelopment Area ("Area"), several scrivener's errors were discovered on the boundary map
depicting the Area; and
WHEREAS, the Area boundary, as adopted, inadvertently divided several parcels, which
resulted in certain portions of the parcels being included within the Area, while the remainder of
the parcels were excluded from the Area; and
WHEREAS, one parcel located within unincorporated Brevard County was inadvertently
included within the Area; and
WHEREAS, the Agency reviewed the proposed amendment to the Cape Canaveral
Community Redevelopment Agency — Community Redevelopment Plan ("Plan") modifying the
Area boundary to correct the aforementioned enrors at its joint meeting conducted with the Cape
Canaveral City Council on September 17, 2013 and recommended approval of the amendment to
the Plan to the City Council; and
WHEREAS, the City Council desires to correct these scrivener's errors on the Area map
and legal description of the Area by adopting a revised boundary map and legal description,
attached hereto; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida hereby finds this
resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
City of Cape Canaveral
Resolution No. 2013-19
Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as findings of the City Council of Cape Canaveral.
Section 2. Amendment to Agency Plan. The City Council of the City of Cape
Canaveral, pursuant to section 163.361, Florida Statutes, hereby amends the Cape Canaveral
Community Redevelopment Agency — Community Redevelopment Plan by adopting the revised
boundary map and legal description prepared by Allen Engineering, Inc. dated April 2, 2013,
attached hereto as "Exhibit A" and expressly incorporated herein by this reference.
Section 3. Incorporation into the Agency's Redevelopment Plan. The revised
boundary map and legal description adopted in Section 2 shall hereby be deemed fully
incorporated into the Agency's Redevelopment Plan and shall be implemented pursuant to the
terms and conditions of the interlocal Agreement and the Community Redevelopment Act of
1969.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior, inconsistent
resolutions adopted by the City Council are hereby repealed.
Section 5. Severability. If any section, clause, phrase, word, or provision is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, whether for
substantive or procedural reasons, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the remaining portions of
this resolution.
Section 6. Effective Date. This resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Resolution No. 2013-19
Page 2 of 3
ADOPTED at a joint meeting of the City Council and the Community Redevelopment
Agency of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2013.
ATTEST:
Angela Apperson, City Clerk
Approved as to form and legal sufficiency
For the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Resolution No. 2013-19
Page3 of 3
FOR AGAINST
-irsdaialL11
44 1
r-ki teir -.7; -T. .CT-r•jj-r-AViif-, , .:. 4.7,
-- --, - r ""ae.-= :•....-t7. •- - I
Li, • I --* t 4. • A,' . , r; •E -'
1.411.,...2 _ _..._
.4. 4
---.3 .'..L.
_I i'! -C
-•-i--- \
ij
I 12_1'1.
aIk•
City of Cape Canaveral Community Redevelopment Area (CRA) Description:
• .1% 11 12. 21 •
04 ;4.12. I• .p..0.
op. ...ofe 2401 44 41) Oa . 44. V .1.0 14 0. opal.
•ol 140 •• 44 0140 1417.-0.1031 .••• war, Pe.. Pow 0 WO 211 /1•444.
00. v. re 1.4 •I 4.40 32 • 04
.1. 4o. 4.1. 40.0 0 14 .1 2.• tOo. • 1.44.4 0.440 0.4
P.. *pm of 1141. . .1.4 4. 14.• 0 .0 44 0 4440 la Do Non. 0 to va. 1•41. A
•1041. 0441 Oa P 4 tai •••••• O.. A 1.0 roroomioy
▪ ••••••• Pe 0 I. 1.1. C... Do •01 411 .. 11.• Dos. (10.4 1.0 412 11.
0•47 .1.414 4.1 .11,4,4441=4. Po 0 14 I. 0 Or .11 pod VI.
opt, . Oltal rfignsrop."•=41144 •• 1.0 oplow. Wel 4. 11. 11.• 14.04 0.4 1. 4 14
4..4 Pp 14 .1440 .4.1 4441 11. P.
coo 0101 4 1.. MP Or 00101 101104101...1 . PO .0400 44. 41 20 4. 04 Dal ...Mt •••••••• P•
1411 wp 4.4 • .1 1140. K. 1111 40. 0.4. . 44 4. . w/ •14.•
0. ...ft ••••• 0.1.171. I. . .0 0.. D. DM 0111 MI. O. 0 .14 • 440
0.114. 0.14 0411 P too 6. WI 1..01 10001 40.10.01. 4411.04 la Op 00 14.
••••••• • PP I. 32.. 00,1 4. . 140411.0 MY La I. Poop I. 0.44 11... .0
.4.101 • . 0.44 aft 0 *41. 04.4 14.• 04, 14w .4 .0 kw 1••• loo• . 2.0.0
0.• •• ••••• ol . to.. Plot Ia. 0 C.. 11.4. 200.42, •••• ••••••• ... 02.2.40.
42 Oa .0. 0 6..0 3.... .1.. 4.4 14.4 P Ce. ••••• 040.4 10 . 441404. 40••••• 0 14 .0.1 .
t. <PM PAP. 4 44 NI .40 1.04 • 100 V. ft 11•0 11. Own .1.. •••• •• 00•••• DO 0 0110/1 02.10 .
14.40 0.4 0 1224.... 04. • .04 . No. no•041 1PP 041 ONO 2414 .714
apoe. 0 NO =LA 40.4.1 0•44 • .. 0114.4 1.00. 4 0 UP• 114.1 11444I 4 441 D. 34. 4. DI So
w• API orr,LOPPrO.Porot •••• 4•40•4 4.1•4 .41 MO MD
Ms .0 al) 40•74, P.; 1214 MOW. MCP CWWWWWW won.. S. Po OW Vanol .44.1 • PK 140 rl. rep
141.4 1.00. •••••• 440 •••• Oo 1.0 . • .1.1 • lo op. 0 DM 4 • ...
0 .4 4.0 • • •• 4.0 . ••••• 1.0 .44 Ow ... .4.1 04 4 14 •• 1•06.11.0 I... 4 • wr• •
0342 1. .0 • 0 . 0424 1.42442.4 01.1.4.1 10 1.06 1•0101104 a. Pl.. Ir..
o w me .4 0 •01 D. I MOO 001 two.. to O. Inwood ON Lia 4 • .1 D. •••• 1.10444 .1 1.4 ••••• al 40
PM •.= CAS 1214•11.10. Clal VW MO 2.1774 1.4 we 1.4. 40 4022*2• I.
Om • 1. 0...1 m. 0 442012* 24M1900.1 a.. 0 PM 00 PM. 140 14. At P. 1•40.1. .
74•1 477.141, MAO, • OM / W .411 LW( WI %17.14 444
1. 13.4I4 1. . CP C.C. ......rel==ne.041 ••0."11...••••2
4
,..
wo. • 6.1. •40. If DC 14 40444. 44444 04.4 • .. ••• •••• •••• •• 404 • •
04 I. thol ••••• Woo Do 4401 b• 06 O. 0. 1, 47
44.: Mg Plo• I. al 4.4 0 1.4. 44. 4010 .4. a
ZrAt. • Oa ••••• 0 44 a. .• 11 0 40.1 •01.1. Po 0 1. 4 2. DO 0
•Ow.... .1••••••• ••••• 2.4. Yaw MO ow. . arop Poros . ••••• I.. 0 04
4•11.0 4.04 0 O. la 0 •••• •41140. DS Mt ••••• .0 O. 4.40.4 • MI Dm 14 • aft OM Or. dr •••f go. • •0440%
771 14 71 4441,71 ... el 140 11 • 4.1 A. . ••••• 0.4 wn1.41 ••••••• 0 .1 1.1. 12 le .
.4. op. 0 10 14 .1 12 0 .4111011 PM Poo. 11... Omo. • tag 11.... ••• • •••••• 0 0.
.... 4.4 3104 •41-4 11. I. •• ... 44% • 11.
•••• 1•10 14•••• ••••• • . to. 04 0 ••••• •••• ••••••• • 04 MI .40 ma. 2. OW 11.• 16 •••• IP 0.4
1•44 44 . . 14 01.10411.0 40 a. rm. •••e•
PI•o• 4,11 Poos11.-PP.-Po-{010-402.11 3 1 • Po PPP* roar Moot Pine DP POO P • OPP 1.•
.....-04-400304410 VP 7 74 14. 41177 14. •••• Wee • 1..,4=.4 14A,A.,:44 II 14
1.1.4.1 4.4 0 040 N-3,1.-6,-.16.402in: 0044 .14 hi.. 21.. N. %a 1.0 V-2/- 1.•••
4.0•40 ••••• W• .14 . . 1.0-21-021111• 1•04 . tat /4 . MI 0.4
d , we Iwo.. 0 00 IA H Prom PPP 1....PlKsoPPIIPAPPO22: *nos .0 0.11 11.4.1 lo• el. .01
442.1-04.01-020.01 1.• 1.0 . lo1 . 11.014 WI... O.. •••• 104.. Ohl 14-11-12-0.00.2112
.• ft . 0.1.0 I.,. •• lot 0 '*0.-3- 0-01-2021-025 •• 41.1.0 ••••• ••••• ••••
. 4.0 1011.-.4110.2. 00.11.1. •••• Orel 1•411.14-24.0-0.02 0.0 1100 0. •
0417.3.12-0143.03204 222.22(0342421...a . 44. ry• • ••• • 1.0.4 •
3.1 h. • la . 11.41 41122001 • ••0S,43.224 • Ow low W. 1. 4% owed •••• why 4.4.1. • gal De =JOS ow
. 40woo 0 a. YID.. 1.4 0.4.
0N
1.7. Yaw •••••• ••• 1.• 1.0 V 0 .4.4 Pm. 24.14•010.5.12 . ••••• g.. -3.7.;140 -ea
sr *ow. 0.1 0 lap P. -44.0-414242423.2-414-17Oa 1.• •• r 14-11-24.111-1.1 l• On Ow O. 0.012. 0 204
• 441-4 ••••• *0(021 •• ppl lap. 0 taw NM 14144 1• 11.0•11 or. lop 24-4-4-10-4024 ••••• W..
• 1. Us hp. 21.0•1140.121. Ow.. moot 0 .....9.004004 ••••• 1.111.... I. Ma el. 1.0
4.1,111-10-04 42 . ••••••• ••••• PI 1.1. 47 2 27 4477 •••11,41.111.41.14 .4777, .77 777, 777
777 004. 71 47174 7 .7 2••T-34-01-10111 •• •••• 0040 m• •••• . • ...a 1.47-.0-24-Orlp e•
... *a 14. 1.2412-111-12. ••••• Mob 44 W... Ow.. 0 1. Po. 20242.144.1. •• UPI PI
▪ 17141, 0 %a.. 0-27.411.012 .4 0. Opp 1140• to •••••• 4.. )1,Pg%/4410101% • w• w40.4
• ••• • ••• 1,1-4 P.• •••• .1. • 1.14 Aol. • •• 0.00 . am. M. 0 144 PONY
1417-111-40-.14 04.4 •• 4•444 . rev .4141410-4. 4.4 1.4.4 . • 1.
11-34-33-41..% •••• .0 MY •• . • 24-9-2.00.1 14. • Wm,.
11-1,11-10-04.11g.. •• 1.0 •• • .1.0 ••••••• .1.17 • P4
11•774 ht • 4.10 *02..2 . • •••• ••••• •••• •• • 34-3.11100.10 ••
••••• 1•4 24-.23-2-0.1.1•••• •••1 Oa 1.4 04 . 1400 2.42.1.02.1 00 00 4.• 4.1 10
eV 14•10. It P. Pm I• •••0 11-34.31-1.47•4111. 00. Wm N. 11. 0 1. ftwe
1.1.13-,..01114 .• op. loon MO .16.4 •• 1.11.44,1 /4. 24-9421-2-.10 1/0 ••••• 14. I.
...P. 0 .1 . Mo. 140-242401C11•114.7.4101.11.701 ••• 74 7 44
1.1-12.2.40043 . . • 11.3.2.1.44.111.0 •••• V 1. Pos• ••••.•
.• .06.4 .4. COI. Mt ow. • •• ...• 1•4 W.•••• .4.4 • U.. 1.-T-0-03-00.....• am. ••
•••• •.. ••••• 1.34- mai •1141 A-1-4 lionfrk..t..41=4...L. 41.1.1
Do Pa. 44112.2.0-102111. V. D. 1..1. r 14-17.130...1 ••• • .. P.. 0-1-14
twit11-1104-11.1.5 1•••••• OMNI 11.11f. 7/41 NOM 41•41 04 1171 67 41 17 14. 24414111-4-01010 ...I
Am W. .1 .04 0 .4 0 9. ••••1.1-4 04 SOO. *Mr 0 lot Mr }-1,-.-53-t01...• a.... a W.
. 8 rod • . •••• N-111.00.4•20. 74 IMO Po POO Y. a -I -k 7.74144t 4.4 74 .1 ...
S...1 414. lap 1.11.1 wo. •I ..• UPI 0.1 ••• Po. ••31-134e-coan
hr. mow Drat •••• N. •• 2.24224* •• 14/11.11.•0. . • NAM. 9..4.
. 4.40 a/ 1.•••• •••• • 0 le Pr. ...1.1.4440401.....0 000 ••=
...A 0 441 1.• 010 h. R.P-31-9440.-.41 •• . • N-31-12-41-0040.41 . •••••
▪ 1.4•301...40 .. 77. 74.1•74 771111•11111.14.11, 10.1•1••• 04. .12:1.4.0 1414%
wawa.. • 11.0. fa. 1.4. /1 1•04 34 P.. MAY .444 1.1•••• 1.• • 14022*
UAW • . 11.1.0.1•110 gyp. ••••• WI • WA 11•0 •.• •• Ow • I. WI
•• 0 .1 -0 d P.M ...O. ... 4.1 well V 01 1.
•••••• ••••••...• •••• • •• • •••••• I.. O.. 0••• Owl •• W... • v.,. • h.
1.04. go ... 40. 41. •••• 1.4.111-11.1.1. .01
Ka/
00 • log 1.12.3.01-10-101:111. 4.4 law. 0 0.0.1 ...41 Vey Pre• ••• .... • v.
I. • • • yr. NI Own 101.004 2.4.4 1.4.4
Pap 41 4.1g • •••• N. • .11, 1.1.•• Ow 0 1%41 11.-19 1•01
•••••I 0.• • .... 24-41,15-01-40•3 •••• %V • . Mi.. • lee Iv.
•••••• ••••• ••••• sr .1 1•4 11440411. • . cow •••••
10
A'4' . •.• •••• 24-.44.10-011•11. • Soy 60 1.-10 ••••••• 1.0 ••••••••••
r• Y• WU .1 Y... 14. V Sa. 10 • 1.40
14-11•11-0.1.1.1 • .4 ••••••• arum 1.4111.11-0/1/.66, ••••• arem.dok Po WO Ike Tor Poop
110.14.1.114.1, 1.4 10 11.• 1.1. • Ls ....41-1.034461. . . • 1•• 2.-31-13-01.403
• 22. 0 We 1.• 14 24-31-14-010421. 0.04
1.3.0.0.1%01 ••••• la 1.4.11•11.46413113 1114777 pavor Nes, 1,7 74.1 17 Pa..
...021-0•11.02.1021.1.. •••41 1414 ...CO 0 14
1) Q. 14147 a. O• .1. . 24441. 14 IN h. DM 0 24-4-14-110-11.1 ••••• 0 10 rworp
0-04.44.02012 0.4 14.. 0 I. 14.1 ..-14110021011. low 14.1 /422.14044.4 1.0 0.244-141.1142
• 1..1401 0 ••• . .0 2.4 •••• 131. •••••••• 0.11..01.4 • .1• . 0•0 . w. 0.00
0*4.42.2.14.47(402.402141422.44240
222o.1 0.44 • 22*422222*2112.22(2.42.14.412
Prepared By.
ItMEM - MM.
ICC 0102 U.
COM 121.1. MM. rani
7141422043. 0.1.3-711% - IA% 13211714-4212
.1113Th .4lle4ms0.1 - .4114 10001••••••1
EN
gineering, Inc.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 09/17/2013
Item No. Ci
Subject: Award the bid for construction of the New Cape Canaveral Volunteer Fire
Department (CCVFD) Station to W & J Construction Corporation in the amount of
$1,993,402.35; authorize the City Manager to execute documents related to same;
approve the re -organization of the Council Meeting room to provide office space for two
CCVFD Staff in lieu of renting office space during construction and authorize staff to
negotiate a loan in lieu of using reserves.
Department: Administrative Services
Summary: On 1/17/2012 Council approved a Task Order with Baskerville Donovan,
Inc. (BDI) for Architectural and Engineering Services related to construction of the new
Cape Canaveral Volunteer Fire Department Station. Bids for the Project were received
on August 28, 2013. The apparent low bidder, ABBA Construction, withdrew its bid on
9/3/13 due to a large mathematical error. BDI reviewed the lowest remaining bid (W&J
Construction) and submitted a written recommendation, attached, to award it to same.
Staff reviewed the bid and concurs with the recommendation of BDI.
Staff anticipates issuing a Notice to Proceed to the contractor as soon as all paperwork
is completed; however, demolition of the existing structure will not take place prior to
November 1, 2013. This will allow the contractor to begin work on the Project such as
preparation of shop drawings, sourcing/ordering materials, etc.
During construction, most of the Fire Station personnel, including ambulance staff, will
operate from the Port Canaveral fire stations. However, the Assistant Chief/Fire
Marshall and Fire Inspector interface with City Staff/citizens on a daily basis and need to
remain within the City limits. In lieu of renting office space for them to use during
construction, Staff proposes removing the furniture from the City Hall Conference
Room, relocating furnishings/equipment from the Council Meeting Room into the
Conference Room and allowing the vacated space to be utilized by the Assistant
Chief/Fire Marshall and Fire Inspector.
The FY 13/14 Budget funds this project using $1,656,328.93 committed as Fire Station
Reserve; $67,250.62 of restricted (Fire Rescue Capital Expansion) funds; and
$730,839.45 of Unassigned Reserves; totaling $2,454,419 all of which are deposited in
to the Capital Construction Fund. The funds paid in excess to W & J Construction
Corporation which totals $461,016.65 will be used for interior furnishings and any
additional requirements. Given the low interest rates, Staff recommends negotiating a
loan for this Project and the projected cost of the City Hall project for a total of 5.5
million dollars. The loan payments will be made using revenue received from sources
such as Communication Services Taxes; Utility Taxes, State Shared Revenues and the
like. Ad Valorem Taxes would not be pledged for repayment of the loan. The loan
documents would be returned to the Council for review prior to execution.
Submitting Director: Angela Apperson Date: 7//c) I (-3
City Council Meeting Date: 09/17/2013
Item No. r/
Page 2 of 2
Attachment: 9/5/13 letter from Baskerville -Donovan, Inc.
Financial Impact: $1,993,402.35 to W & J Construction Corporation for construction of
the Cape Canaveral Fire Station to be funded through the Capital Construction Fund.
Staff time and effort to prepare this Agenda item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Councij) take the following actions:
Award the bid for Construction of the New Cape Canaveral Volunteer Fire Department
(CCVFD) Station to W & J Construction Corporation in the amount of $1,993,402.35;
authorize the City Manager to execute documents related to same; approve the re-
organization of the Council Meeting room to provide office space for two CCVFD Staff in
lieu of renting office space during construction and authorize staff to negotiate a loan in
lieu of using reserves.
Approved by City Manager: David L. Greene 0 Date: I/ to //3
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
rE[51
BASKERVILLE-DONOVAN, INC.
Innovative Infrastructure Solutions
05 September 2013
City of Cape Canaveral
PO Box 326
Cape Canaveral, Florida 32920
Attn: Angela M. Apperson, MMC
Assistant City Manager / City Clerk
RE: Cape Canaveral Volunteer Fire Department
Bid Number 2013-04
Bidder Recommendation
Ms. Apperson:
7155 Murrell Road, Suite 101
Melbourne, Florida 32940
Phone: 321.254.3663
Fax: 321.254.3255
We have reviewed the bids for the Cape Canaveral Volunteer Fire Department Project and
would like to recommend W&J Construction Corporation of Rockledge, Florida be awarded the
contract. Several factors have led us to believe contracting with W&J Construction will be in
the best interest of the City.
With the withdrawal of the apparent low bid by ABBA Construction, Inc., the lowest remaining
bid was from W&J Construction Corporation for both the Base Bid ($1,953,538.35) and Base
plus Alternate Bid ($1,993,402.35) In addition, W&J Construction received positive comments
for their performance on other projects with regards to timeliness, handling of change orders,
communication, and quality of work. A bid tabulation summary is included with this
recommendation for your review.
This is only a recommendation, and contractor selection ultimately lies with the City.
Appropriate legal and purchasing staff should review all documents submitted with the bid for
conformance with City requirements prior to issuing a final decision. If you have any questions,
please feel free to contact me at 321-254-3663 x4814.
Sincerely,
BASKERVILLE-DONOVAN, INC.
Kenneth M. Good, PE, LEED AP
cc: Nick Gigante, BRPH
Pensacola, FL 1 Panama City Beach, FL 1 Tampa, FL 1 Brevard, FL 1 Destin, FL 1 Tallahassee, FL 1 Mobile, AL
Surveying & Mapping LB - 00003401 Engineering EB - 0000340 1 Landscape Architecture LC — C000126
www.baskervilledonovan.com
Baskerville -Donovan, Inc.
Page 2 of 2
Cape Canaveral Volunteer Fire Department
Bid Number 2013-04
Bid Tabulation Summary
Company Name
Abba Construction Inc.
Cam Group
Doug Wilson Ent. Inc.
Marand Builders
OAC Construction
P.W. Hearn Inc.
SDV Services
W & J Construction
Watauga Company
Base Bid
WffI4D
$2,205,900.00
$2,029,924 00
$2,306,609.34
$2,505,925.00
$2,405,598.02
$2,390,850.00
$1,953,538.35
$2,359,184.00
Alternate Bid
AWN2BY B
$26,700.00
$30,628.00
$32,886.00
$45,750.00
$46,195.60
$32,000.00
$39,864.00
$43,000.00
Total Bid
$2,232,600.00
$2,060,552.00
$2,339,495.34
$2,551,675.00
$2,451,793.62
$2,422,850.00
$1,993,402.35
$2,402,184.00
Pensacola, FL 1 Panama City Beach, FL 1 Tampa, FL 1 Brevard, FL 1 Destin, FL 1 Tallahassee, FL 1 Mobile, AL
Surveying & Mapping LB - 00003401 Engineering EB - 0000340 1 Landscape Architecture LC — C000126
www.baskervilledonovan.com