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Packet 10-07-2008 Regular
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 7, 2008 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE:, ROLL CALL: PRESENTATION: Recognition of the Space Coast Little League Bulls. REPORTS: City Manager Staff City Council AUDIENCE TO BE HEARD: 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. PRESENTATION: Cape Canaveral: Images of America, by Author Ray Osborne. BOARD INTERVIEW: Patricia Miner, Prospective Board Applicant — Beautification Board. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.comicape • e-mail: ccapecanaveral@cflsr.com 000r of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 2 of 3 CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 16, 2008. 2. City Council Special Meeting Minutes of September 3, 2008. 3. City Council Special Meeting Minutes of September 22, 2008. 4. Resolution No. 2008-28; Appointing an Alternate Member as to Regular Member to the Library Board. (Harry Pearson) 5. Proclamation Recognizing Florida City Government Week sponsored by the Florida League of Cities. RESOLUTION: 6. Resolution No. 2008-29; Approve the Final Re -Plat for Sea Shell Cay, North. (John Johanson, Applicant) CONSIDERATIONS: 7. Motion to Approve: Approval of Emergency Removal of Muck and Sediment from the Central Blvd. Canal in the Amount of $18,040. 8. Motion to Approve: Emergency Stormwater Pump Rental in the Amount of $9,680. 9. Motion to Approve: One -Year Renewal of the Street Sweeping Contract with USA Services of Florida, Inc. 10. Motion to Approve: Contract for Audit Services with McGladrey & Pullen. 11. Motion to Approve: Parks and Recreation Schedule of Fees. 12. Motion to Approve: Amendments to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 673 (AFL-CIO). 13. Motion to Approve: Space Coast League of Cities 2009 Legislative Priorities. 14. Motion to Approve: N. Atlantic Avenue Streetscape Project, Preliminary Design Study in the Amount of $30,170. 15. Motion to Approve: Ridgewood Avenue Streetscape Project, Final Design; Bid and Construction Services. of Cape Canaveral, Florida City Council Regular Meeting Agenda October 7, 2008 Page 3 of 3 ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 10-07-08 AGENDA Heading Presentation Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: RECOGNITION OF THE SPACE COAST LITTLE LEAGUE BULLS DEPT./ DIVISION: PARKS & RECREATION Requested Action: Presentation and Recognition of the Space Coast Little League Bulls as 2008 District 22 Major Champions. Summary Explanation & Background: A Championship Banner will be presented to the team. Exhibits Attached: PARKS AND RECREATION DIRECTOR'S MEMO City Mana . - 's Offic - Department PARKS AND RECREATION Parks & Recreation Department Memo To: Bennett Boucher, City Manager From Robert Lefever, Parks & Recreation Director e CC: Mayor Randels & City Council Members Date: September 24, 2008 Re: LL Championship Banner Bennett, Can add the announcement & unveiling of the championship LL banner to the October 7th council meeting? Thanks 11,1*-4— Robert Lefever 1 Meeting Type: Regular Meeting Date: 10-07-08 Heading Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Presentation SUBJECT: PRESENTATION: CAPE CANAVERAL; IMAGES OF AMERICA, BY AUTHOR RAY OSBORNE DEPT./ DIVISION: LEGISLATIVE Requested Action: Ray Osborne, author of Cape Canaveral: Images of America, will make a presentation about his newly published book. Summary Explanation & Background: N/A Exhibits Attached: N/A City Mana ffice Department LEGISLATIVE CITY OF CAPE CANAVERAL PUBLIC WORKS MEMO TO: Bennett Boucher, City Manager Susan Stills, City Clerk FROM: Beautification Board SUBJECT: Prospective Beautification Board Member DATE: September 12, 2008 The Beautification Board interviewed Mrs. Patricia Miner at their September 9, 2008 monthly meeting. The board feels Mrs. Miner would be an asset to the Beautification Board and recommends that she be interviewed by City Council at the October 7, 2008 meeting for appointment to the Beautification Board. Thank- iel Judy Hale Chairperson, Beautification Board EOEUVE-11 JUN 1 7 2008 CITY OF CAPE CANAVERAL APPLICATIO l FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: e-Pczrtric14 alinee. 2. Home Address: NO Poa S;c:k 0(36:City, State, Zip: a DAc„..„.. -P •C"--\ a 3. Home Telephone: -32-% g ?Z.- 4. Occupation: I. aAn So ct, 5. Business Telephone: -4 D.Ct9 1 Pat Miner Unit 205 140 Poriside ANN. Canaveral, FL 32920* 6. Business Addrcss: ea.4-t n B. ELIGIBILITY k) I S+ n 4 L-109 oitr F 32q sp., The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (N) (Y) (N) (N) (Y)._ (N) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent q e AA to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) / (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. if yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: Par2 o_04 1:1 a Ciao .1- -1-8 dr) 411 f v),4 3Ccor ajia.-1 v -v) /cX i• c) VVI KR___sona eri ff_arlts, 2. Briefly state any prior experiences in serving on any governmental board or committee: tA,Dct..S _L) Ira r iPCO f- -ff 1m / oric acuLgr 60...n442,r% CLti2 1)11A nQ ni/p.v (46 a IN u 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: ot-SA--e f de.visvN co- r --tR.A_Lardsca p e._ Co -4-r r Aa ci •APeq4 Cn n co 1 eQ4-4-1 r Lau) ri -)-(beir — ck. d- 0_1 1 t & go 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* c. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* r. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* Recreation Board Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Asian -American Hispanic -American Native American Male Female Not Known Caucasian DISABILITY Not Known 1'10_ Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA ''SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: 2221'1A--4- Date: Please return to: ((') /2, r,?(D'R City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 3 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 16, 2008 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Mayor Rocky Randels Council Member Shannon Roberts Council Members Absent: Council Member Others Present: Buzz Petsos City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Planning and Development Director David Barry Brown Recreation Director Robert Lefever Fire Chief David Sargeant, Cape Canaveral Volunteer Fire Department REPORTS: CITY MANAGER: • Mr. Boucher reported that the N. Atlantic Avenue and Central Blvd. Pre - Construction Meeting was rescheduled for October 3, 2008. The original pre - construction activities were deterred by Tropical Storm Fay. • Mr. Boucher distributed the Draft Lease Agreement for the Use of the Library Meeting on Friday September 12th. With City Council's authorization, the City Manager asked to forward the Letter to the County Manager. Mr. Boucher read the Draft letter. Mr. Nicholas asked if the anticipated Meeting Room use included the scheduling of Condominium Association Meetings. Mr. Nicholas asked Mr. City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 2 of 9 Boucher if he would reference that fact in his Draft letter in order to not restrict the Library Director's power to authorize the use of the Room. Ms. Roberts asked about maintenance since there was no mention of it in the Draft Lease Agreement. Mr. Boucher affirmed that maintenance would be included. Ms. Roberts also brought up the need for a larger projection screen for the proposed Meeting Room in an effort to meet presenters' needs and to take advantage of the most current technology. Mr. Boucher stated that he would return to the City Council at a later time to address any of the details related to the Library Lease Agreement. Mr. Boucher clarified that the Cape Canaveral Library's exterior Building Maintenance was Brevard County's responsibility. Mayor Randels clarified that the Library Meeting Room use was proposed due to increased attendance at the City Council Meetings and to provide additional space in the Annex building for the Cape Canaveral Precinct staff. Ms. Roberts asked if the Draft Lease Agreement had been shared with the Cape Canaveral Library Board. Mr. Boucher replied that it had not. In conclusion, Council Members agreed that Mr. Boucher should discuss the Draft Agreement with the City's Library Board first and then proceed to the County Manager. • Mr. Boucher reported on a request from the Ocean Woods Homeowners' Association to assist with approximately $400,000 in storm related drainage repairs following Tropical Storm Fay. Mr. Boucher forwarded their request to the Brevard County Emergency Director who in tum forwarded their request to the State Emergency Management Division. Mr. Boucher reported that the President of the Homeowners' Association could apply for State Disaster Public Assistance. If this was rejected then the Association could apply for a State Board of Administration Loan. Mr. Boucher replied to Mr. Nicholas that the Canaveral Port Authority Commission was seeking a $275,000 Emergency Replacement Request for Atlantic Development to repair the collapsed pipe at Jetty Park. • Mr. Boucher reported that Mr. Phil Laurien, of the East Central Regional Planning Council, contacted him saying that he put funding in his budget to assist the City with its visioning processes. Once Mr. Laurien's budget was approved, he would provide a scope of services related to those tasks. Ms. Roberts asked the City Manager if he had provided Mr. Laurien with a proposed schedule to convey the City's sense of urgency to get the project underway. Mr. Boucher responded that since Mr. Laurien was providing his services at no charge; then the City would be added to his schedule as his time permitted. Ms. Roberts suggested that the City take a proactive stance and provide Mr. Laurien with information of what the City expects him to perform. • Mr. Boucher reported that he provided copies of the Coastal Fuels Appeal of the Planning Director's Interpretation of Non -Conforming Use Code as it related to their Asphalt Storage Tank. Staff will review, prepare and schedule a Board of Adjustment Meeting related to this matter. If the Council had any questions, they should contact the City Manager or Barry City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 3 of 9 Brown, Planning and Development Director. Mr. Boucher informed that the Appeal was Public Record and would be made available by request. • Mr. Boucher reported that he worked with Ms. Dianne Marcum, of the Business and Cultural Development Board, on the City Marketing Video. Video production would occur beginning the week of September 22n . • Mr. Boucher reported that the Public Works Department staff performed an inspection of the masonry at the Cape Canaveral Library building and notified the Library Director of the need to repair, seal and paint the building exterior as it was their responsibility under the Library Lease Agreement. • Mr. Boucher reported that Mr. David Stanley performed the background work on the Oral History Project. Mr. Stanley desired to hold an informal production meeting with the City Council to review some of the issues and how the project would progress with a theme and choice of interviewees. The City Clerk would coordinate a Workshop Meeting date and time with the Council. Ms. Roberts inquired about the timeline for the Oral History Project. Mr. Boucher replied that scheduling was approximately three weeks behind due to Tropical Storm Fay; however, the City Clerk would assist the Council in establishing a date and time for this meeting. • Mr. Boucher reported that the Youth Center building was repaired. He and the Recreation Director would return to the Council with replacement options. STAFF: Recreation Director • Mr. Lefever announced a Wildlife and Reptile Show at the Recreation Center on Saturday, September 20th from 5 P.M. to 6:30 P.M. "Trapper Jim Green" was the presenter. Planning and Development Director • Mr. Brown informed the Council that he gave the City Attorney a Discussion Paper related to Council Members meeting with developers in Pre -Application Meetings prior to the developer formally submitting an Application for review. Mr. Brown would confer with the Council subsequent to the City Attorney's review. Building Official • No report. City Clerk • No report. City Attorney • No report. City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page4of9 CITY COUNCIL: Council Member Roberts • Ms. Roberts referred to Mr. Donald Dunn's request from the previous City Council meeting and asked if any action would be taken related to cars parked on the sidewalk on Anchorage Way. Mr. Boucher replied that he would need to ascertain the City's enforcement authority since Anchorage Way was a private drive. • Ms. Roberts noted substantial debris left on Anchorage Way and State Road AIA for a 12 -day period. Mr. Boucher replied that this debris would be picked up by Wednesday, September 17tH • Ms. Roberts acknowledged residents from Puerto del Rio condominiums who desired to share their concerns related to river erosion as a result of Tropical Strom Fay. • Ms. Roberts asked if there was a City policy addressing staff members in attendance at the Community Appearance Board and the Library Board meetings. Ms. Roberts suggested sending an alternate Staff representative to the meetings in the absence of the designated representative. Mr. Nicholas pointed out that Ms. Escapa, Cape Canaveral Library Director, was considered the Staff representative to the Library Board. Ms. Roberts stated that some questions arose during the Library Board meeting which City staff might have been able to answer. • Ms. Roberts reported that there was no safety fence at the Central Blvd. North canal as a preventative measure as was done for the South canal. She recommended a safety fence at that location. • Ms. Roberts commended Mayor Randels for his representation at the Brevard County Metropolitan Planning Organization Meeting. Mayor Randels spoke on the State Road 528 widening issue and the State Road A1A curb and gutter project. • Ms. Roberts reported that State Representative Tony Sasso planned to meet with the Florida Department of Transportation related to the City's concern of a left-hand turn signal on State Road AIA and Central Blvd. • Ms. Roberts requested four -to -six weeks advanced notice for the non -regularly scheduled City Council Meetings. Ms. Roberts requested consultation with the Council Members prior to scheduling any meetings with respect to their other commitments. Mr. Boucher explained how the Sign Code Workshop meeting was expedited at the City Council request and the date scheduled provided them with a two-week notice. Ms. Roberts expressed that short-term meeting planning was not good executive business practice and she recommended a calendar of the anticipated Meetings for the entire year as a professional courtesy to all Council Member's schedules. Council Member Nicholas • Mr. Nicholas noted the Sign Code Workshop Meeting on Wednesday, September 24th City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 5 of 9 • Mr. Nicholas requested a Discussion Item on the use of the Commemorative Coins as a City acknowledgement. • Mr. Nicholas requested to add the Florida League of Cities Priorities List items to the Meeting on Monday, September 22nd in order to meet the anticipated October 1st deadline. The City Manager stated that he would verify the deadline date and if action were required by October 1st, then he would amend the September 22nd Meeting Agenda for this item. Council Member Petsos • Not present. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog requested information on the street lights for State Road AIA. Mr. Boucher responded that the Purchase Order was in progress and Florida Power and Light was scheduling the street light installation based on receipt of the City's Purchase Order. • Mayor Pro Tem Hoog related that he attended the Florida League of Cities Legislative Policies Committee Meeting in Orlando on September 12th. There were seven items for consideration. Mayor Pro Tem Hoog addressed some of the items as follows: 1) a Bill to address Social Security Numbers and the Public Records Law, (Florida was the only State that permits the disclosure of Social Security Numbers), 2) House Bill 991, allowing the public to speak at public meetings, (some cities do not permit the public to speak) 3) House Bill 351, Erecting Traffic Devices at Stop Signals, (one city reported 751 violations in one week) 4) and a Bill to address to Illegal Immigration, which was a three-part Bill related to the municipalities and the prohibited hiring of illegal workers,. • Mayor Pro Tem Hoog reported that the Fireworks Bill was not addressed by the Committee since the mainland communities did not appear to experience any substantial impact related to this issue. • Mayor Pro Tem Hoog asked the City Manager about the City's 401(k) account and State Board Administration Funds. Mr. Boucher replied that the City's investments were with the State of Florida Treasury which was a different State agency. Mayor Randels • Mayor Randels announced, on behalf of the School Resource Officer, Deputy Mitch Boshnack, a Walk to School Day on Wednesday, October 8th with assistance from the Kiwanis Club. The event would give parents an opportunity to walk to school with their children and identify any potential hazards. • Mayor Randels reported that he uncovered enough funding in the Brevard County Metropolitan Organization Transportation Improvement Fund to support the "Feet Not Fuel Program." This funding would help to obtain a pavilion over the bike rack at Cape View Elementary School. The slogan for this effort will be, "It's Cool to Ride Your Bike to School." City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page6of9 • Mayor Randels related that Senator Bill Nelson responded on Senate Bill 1506, the Beach Projection Act, Senator Nelson will support this Bill. • Mayor Randels reported that the Canaveral Port Authority has a Speaker's Bureau. These representatives could provide expert help with City Staff presentations. • Mayor Randels announced National Alternative Fuel Vehicles Day sponsored by the Florida Solar Energy Center. The event will take place on October 3rd Mayor Randels noted the City's electric vehicle as a result of the City's partnership with this organization. • Mayor Randels spoke about the upcoming Brevard County Metropolitan Planning Organization [MPO] name change and noted the organization's purpose of municipalities mutually supporting transportation projects in all parts of the County. Mayor Randels acknowledged that Cape Canaveral was the only City which retained all of its projects on the annual MPO Priority Planning List. AUDIENCE TO BE HEARD: • Mr. and Mrs. John and Blanche Petrovic addressed the Council and thanked the Council and City Manager for listening to their cause. Mrs. Petrovic explained that Mr. Petrovic was distributing the following documents: a petition, a timeline of events and signatures of owners from Buildings I, II and III at Puerto Del Rio and a hard copy of photos conveying the impact of Tropical Storm Fay at Puerto Del Rio Condominiums. Ms. Blanche Petrovic read their petition dated September 8, 2008. In closing, Mr. John Petrovic expressed his hope that the City would assist in resolving this issue. [Petition attached.] Mr. Boucher replied that the Building Official was researching their issue to verify the requirements of riverfront area construction. Todd Morley, Building Official, conveyed from Mr. Danny Ringdahl, developer of Puerto del Rio, that although he had developed a remediation plan using coquina rock, he desired to hear from the St. John's River Water Management District prior to implementing any plans. Mr. Nicholas posed the need to modify the Building Code and to ensure that these modifications were part of the Building Application process. Mr. Morley clarified that there was much construction that did not require shoreline hardening. Unfortunately, Puerto Del Rio homeowners were impacted and the Building Official agreed with Mr. Nicholas' suggestion. Ms. Roberts added that this issue could be included in the City's Lessons Learned from Tropical Storm Fay. • Mr. Jim Hale, of 110 Washington Avenue, requested recycling containers at the upcoming Fall Festival on Saturday, October 11th from 11 A.M. to 4 P.M. Mr. Lefever affirmed that recycling was addressed. • Mr. Hale also related Ms. Andrea Rice's request to have Waste Management pick up the leftover yard waste on Monday after the Cape View Elementary School landscape clean-up planned for Saturday, September 20th. Mayor Randels offered to have Waste Management deliver three containers. City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page7of9 School landscape clean-up planned for Saturday, September 20th. Mayor Randels offered to have Waste Management deliver three containers. • Ms. Joyce Hamilton requested assistance with the landscape clean-up at the Cape View Elementary School on Saturday, September 20th beginning at 8 A.M. • Ms. Joyce Hamilton announced the Kiwanis Club Meet the Candidates Pancake Breakfast at the Manatee Sanctuary Park Pavilion on Saturday, October 4th at 8 A.M. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of August 7, 2008. 2. City Council Regular Meeting Minutes of September 2, 2008. 3. Resolution No. 2008-21; Appointing a Regular Member to the Board of Adjustment. (John Bond) 4. Resolution No. 2008-22; Appointing an Alternate Member to the Code Enforcement Board. (Ralph Lotspeich) 5. Resolution No. 2008-23; Reappointing Regular Members to the Code Enforcement Board. (Charles Biederman, Walter Godfrey, Jr. and Raymond Viens) 6. Resolution No. 2008-24; Reappointing a Regular Member to the Library Board. (Jean Deck) 7. An Application for an Outdoor Entertainment Permit for the Fall Festival, Saturday, October 11, 2008, 11 A.M. to 4 P.M. 8. An Application for an Outdoor Entertainment Permit for the Monster Mash Halloween Street Dance on Thursday, October 30, 2008. Mayor Randels asked if any Council Member, Staff member, or interested party desired to remove an item from the Consent Agenda for discussion. Ms. Roberts requested again to amend the Board process and have reappointed Board Members come back to the Council, 1) in order to have the reappointed Board Members convey their insights of their previous years service on the Board, and 2) to hear any of their proposed improvements toward their future term on the Board. Ms. Roberts requested to have this process change on a future City Council Agenda as a Discussion Item. Ms. Roberts pointed out that Mr. Boucher had been tasked, as an action item at the previous City Council meeting, to ask the Boards if their Members desired to return to the Council at their scheduled reappointment time. The City Manager did not have responses from all the Boards at this time. City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 8 of 9 A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 and 2 as Amended on through Item No. 8. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, Absent; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 9 Motion to Approve: Second Amendment to the Interlocal Agreement for Creation of the Space Coast Transportation Planning Organization. Mayor Randels explained the anticipated name change as one that would more correctly identify this Organization. Ms. Roberts expressed her concern that not all of the municipalities were represented by the organization. Mayor Pro Tem Hoog pointed out that the City of Cape Canaveral joined with Cocoa Beach in order to gain representation which was based on a City's population. Ms. Roberts recommended that the Council should seek full representation at some point in time. She expressed how the lack of representation places some cities at a disadvantage by not being able to participate in any of the deliberations and for Cape Canaveral to not participate at all at times. Ms. Roberts requested to this issue for a future City Council Agenda as a Discussion Item. Mr. Nicholas proposed that the Florida League of Cities Legislative Delegation address this issue of representation. Mayor Pro Tem Hoog stated that Council could present a Resolution for the Space Coast League of Cities' endorsement and this would subsequently identify how many cities have an interest. In conclusion, Mayor Randels clarified that Florida Statutes Chapter 339 defined the Composition of the local Transportation Planning Organization. Council Members agreed on this as a discussion item for the Space Coast League of Cities to address. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Approve the Second Amendment to the Interlocal Agreement for Creation of the Space Coast. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, Absent; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 10. Fire Station. Mr. Boucher explained how City Council would vote on the Annual Millage Rate on Monday, September 22nd. The Millage Rate would include an item related to the Debt Service for the renovations and additions at the 190 Jackson Avenue site. Mr. Boucher distributed a Site Plan. He explained how the renovation of the existing property at 190 Jackson Avenue would include the remodeling and addition to an existing Administration Building and Crew Quarters at 4,341 Square Feet and a new Crew Quarters Facilities Support Building at 5,062 Square Feet. Mr. Boucher reported the total cost for the Site work at approximately $2.9 million. The property cost for the four lots was $750,000 in Banana Riverfront Erosion at the Puerto Del Rio Complex Affecting Buildings 8954, 8964, 8974 (clubhouse), and 8984 Puerto Del Rio Drive, Cape Canaveral, Florida 32920 On Tuesday August 19, 2008 and into Thursday August 21, 2008, Tropical Storm Fay with its 50 mph incessant, powerful, eastward directional winds of a non-stop, 50 -hour duration severely eroded our bordering riverfront land. The erosion spanned about 5-6 feet where mangroves stood and about 10-12 feet in areas devoid of mangroves. Following Fay's devastating effects, the City of Cape Canaveral sign on AIA directed damages to be reported to phone number 868-1222. Mr. Jeff Ratliff promptly returned my call on 8/26/08 and referred me to the St. Johns River Water Management District. We located a contact phone number on the Internet for Mr. Frank Meeker. We phoned Mr. Meeker on 8/27/08; he was concerned with our erosion and on his own initiative volunteered to take the 2.5 -hour drive (from Flagler Beach) on Friday September 5, 2008 to view the erosive damage from our 4`h floor balcony. Mr. Meeker spent 2 hours with us discussing the pros, cons, and best options as follows: 1. He was surprised that the local building code permitted the construction of these 4 buildings in such close proximity to the Banana River without facilitating a protective barrier from the river. 2. Since the land within the required code was now compromised and breeched by the erosion, he suggested that action be taken to deter further erosion from future storms. He suggested a) laying down and anchoring an impervious plastic along the eroded land then b) laying down large Coquina boulders and c) planting mangroves to deter further erosion. Building a seawall was not recommended. 3. Seeing that this is a result of our 2008 tropical storm/hurricane season, permission from the St. Johns River Management District concurrently with governmental assistance and reimbursement would be reasonable. An emergent action to mitigate further erosion damage is the best course of action; this would also save millions of dollars down the road. Thank you Mr. Hoog for viewing the devastation, on Saturday, September 6, 2008, from our 4°i floor balcony. Thanks to Ms. Shannon Roberts and Mr. Buzz Petsos for promptly returning our call and for scouting our area following the storm. We left phone messages for Mayor Rocky Randels, Leo Nicholas, and Bennett Boucher on Friday, September 5, 2008. We, the owners of the riverfront buildings at Puerto Del Rio have signed this petition and kindly request that The City of Cape Canaveral and the City Council help us in preventing further riverfront erosion. Many owners are seasonal inhabitants or rent out their units; as such, these owners will be informed of this communication. Thank you for your kind attention to this urgent matter. Blanche and John Petrovic Date: September 7, 2008 8954 Puerto Del Rio Drive, Unit 402, Cape Canaveral, Florida 32920 Phone: 321-392-3348 CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida WEDNESDAY September 3, 2008 5:30 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to order at 5:30 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Mayor Rocky Randels Council Member Shannon Roberts Council Member Absent: Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Recreation Director Public Works Director Assistant Public Works Director Building Official Planning and Development Director RESOLUTION: Buzz Petsos Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Robert Lefever Walter Bandish Jeff Ratliff Todd Morley David Barry Brown 1. Motion to Adopt: Resolution No. 2008-19; Adopting the Proposed Millage for Fiscal Year 2008/2009. A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2008/2009 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City Council Special Budget Meeting September 3, 2008 Page 2 of 4 Mayor Randels read Resolution No. 2008-19 in its entirety. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.0671 mills on the dollar of taxable value for the 2008/2009 fiscal year for the City of Cape Canaveral, Florida. This millage is a 2.04% decrease from the rolled back rate of 3.1309. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 0.3337 mills for the Beautification Dependent Special District, as approved in the 1986 referendum election. This proposed ad valorem tax shall be levied upon the 2008 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2008 and ending September 30, 2009. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 0.0453 mill for the Library Dependent Special District, as approved in the 1985 referendum election. This proposed ad valorem tax shall be levied upon the 2008 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2008 and ending September 30, 2009. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 1.2715 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This proposed ad valorem tax shall be levied upon the 2008 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2008 and ending September 30, 2009. City Council Special Budget Meeting September 3, 2008 Page 3 of 4 Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 1.4166 mills for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This proposed ad valorem tax shall be levied upon the 2008 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2008 and ending September 30, 2009. Section 6. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 3rd day of September, 2008. Mayor Randels explained how the City, as a practice, placed any amendments related to the Law Enforcement, Fire -Rescue, Library, and Beautification Ad Valorem taxes before the voters. Ms. Bowers clarified that one of the unique aspects about the City of Cape Canaveral was that it operated without a General Fund tax. The City's taxes were specific to a designated purpose. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2008-19. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, Absent; Mayor Randels, For and Ms. Roberts, For. ORDINANCE: First Public Hearing_ 2. Motion to Approve: Ordinance No. 10-2008: Adopting the Annual Budget for Fiscal Year 2008/2009, at first reading. Mayor Randels read Ordinance No. 10-2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009; PROVIDING FOR AN EFFECTIVE DATE. Mr. Jim Williams asked if there were new sidewalks anticipated for North Atlantic Avenue. Mayor Randels reviewed some of the Capital Expenditure items: Fire Station Options, the Ridgewood Avenue streetscape, North Atlantic Avenue Preliminary Design, and Installation of New Sidewalks. Mayor Randels stated that the City had set aside $387,491 in funding. Discussion followed on the need for sidewalks especially across vacant lot areas. City of Cape Canaveral, Florida City Council Regular Meeting Agenda September 16, 2008 Page 9 of 9 previous years; however, another Appraisal would be required. Mr. Boucher summarized, in speaking with the Architect that the Proposed Millage Rate would be adequate to perform the renovations and for acquisition of the site. Mr. Boucher stated that he requested the Architect to perform the comparative analysis related to building a Fire Station on City owned property adjacent to the Building Department or to proceed with renovations. Mr. Boucher affirmed for Mayor Randels that renovations remained an option. Fire Chief, Dave Sargeant replied to Ms. Roberts that renovation was previously discussed; however, the Council decided to build due to the condition of the existing Fire House. For the record, renovation remained a part of the concepts. Chief Sargeant stated that at this time there was nothing specifically proposed just spatial concepts. Chief Sargeant affirmed that the space analysis met the Department's needs. Mr. Nicholas asked if the renovations included furnishings as well as structural. Chief Sargeant replied that furnishings would be purchased from Reserve Funds. Mr. Boucher clarified that the specifics of Site design were not in discussion at this time; however, the intent of this discussion was to bring out what is anticipated in the proposed Millage Rate on Monday, September 22nd. Ms. Roberts questioned the time period from the Millage Rate approval to the Architects design phase. Mr. Boucher replied that once the Architect's Contract was approved, then site and building design would occur. Mr. Boucher explained that the City would need to purchase the land and subsequently obtain Appraisals related to the existing Fire Station site. Chief Sargeant anticipated a 24 -month, 2 -year timeframe for completion. Ms. Roberts asked if there would be a community involved approach toward the Fire Station's development. Mr. Boucher affirmed that community involvement in the process could occur subsequent to the City acquiring the property. Mr. Boucher replied to Mayor Randels that he performed a comparative cost option using City Hall. Chief Sargeant affirmed for Ms. Roberts that Fire Station/ Federal Law Enforcement building was anticipated for the north side of the Port. Grant funding for that project met the planning stage; however, it was not adequate to proceed with construction at this time. In closing, the City Manger stated that if the Council had any further questions prior to the Monday evening's Meeting, that they should contact him or the Fire Chief. ADJOURNMENT: There being no further business, the Chair adjourned the meeting adjourned at 8:45 P.M. Rocky Randels, M AYOR Susan Stills, CMC, CITY CLERK City Council Special Budget Meeting September 3, 2008 Page 4 of 4 Ms. Betty Walsh questioned why her copy of the Proposed Budget read $12.5 million. Yet, the information attached to the Agenda Packet stated $14.8 million. Mayor Randels clarified that the more recent total was higher due the inclusion of the anticipated Ridgewood Avenue project. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 10-2008; Approving the Annual Budget for Fiscal Year 2008/2009 at the First Public Hearing. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, Absent; Mayor Randels, For and Ms. Roberts, For. Mayor Randels announced that a Final Budget Hearing would be held on September 22, 2008. ADJOURNMENT: There being no further business the Chair adjourned the meeting at 6:00 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida MONDAY September 22, 2008 5:30 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to order at 5:30 P.M. Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Recreation Director Public Works Director Canaveral Precinct Brevard CO. Sheriff's Office Cape Canaveral Volunteer Fire Department RESOLUTION: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Robert Lefever Walter Bandish Commander Doug Scragg Chief Dave Sargeant 1. Motion to Adopt: Resolution No. 2008-20 Adopting the Final Millage for Fiscal Year 2008/2009. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2008/2009 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read Resolution No. 2008-20 in its entirety. City of Cape Canaveral, Florida City Council Special Meeting September 22, 2008 Page 2 of 6 WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.0671 mills on the dollar of taxable value for the 2008/2009 fiscal year for the City of Cape Canaveral, Florida. This millage is a 2.04% decrease from the rolled back rate of 3.1309. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 0.3337 mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This ad valorem tax shall be levied upon the 2008 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2008 and ending September 30, 2009. City of Cape Canaveral, Florida City Council Special Meeting September 22, 2008 Page 3 of 6 Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 0.0453 mill for the Library Dependent Special District, as approved in the 1985 referendum election. This ad valorem tax shall be levied upon the 2008 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2008 and ending September 30, 2009. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.2715 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This ad valorem tax shall be levied upon the 2008 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2008 and ending September 30, 2009. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.4166 mills for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This ad valorem tax shall be levied upon the 2008 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2008 and ending September 30, 2009. City of Cape Canaveral, Florida City Council Special Meeting September 22, 2008 Page 4of6 Section 6. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 22nd day of September, 2008. There was no public comment. A motion was made by Mr. Nicholas and seconded Mayor Pro Tem Hoog Adopting Resolution No. 2008-20 for the Final Millage for the Fiscal Year 2008/2009. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. ORDINANCE: Second Public Hearina: 2. Motion to Adopt: Ordinance No. 10-2008: Adopting the Annual Budget for Fiscal Year 2008/2009, at Second Reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read Ordinance No. 10-2008 in its entirety. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2008, and ending September 30, 2009, are hereby approved and adopted. City of Cape Canaveral, Florida City Council Special Meeting September 22, 2008 Page 5 of 6 SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 22nd day of September, 2008. Ms. Bowers distributed an item which updated a Contingency figure in the Sewer Enterprise Fund. Mr. Petsos inquired about the difference in the General Fund amount. Ms. Bowers stated that this was due to a technical error in the Financial software. Mayor Pro Tem Hoog addressed the technical error and requested that it be corrected. Ms. Roberts recommended a brief descriptor or narrative on the amount of change related to each Fund. Ms. Bowers agreed with Ms. Roberts's recommendation. There was no public comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Adopt Ordinance No. 10-2008; Adopting the Annual Budget for Fiscal Year 2008/2009 at the Second Public Hearing. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. RESOLUTIONS: 3. Motion to Adopt: Resolution No. 2008-26; Authorizing an Agreement for Fire Protection - Emergency Medical Services. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR FIRE PROTECTION, EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that in 2007 the City signed a 10 -year Contract with the Cape Canaveral Volunteer Fire Department subject to renewal annually. He stated that base Contact for 2008 price of $1,274,228.00 with monthly premiums of $106,185.66. There was no public comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Adopt Resolution No. 2008-26 Authorizing an Agreement for Fire Protection, Emergency Medical Services. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Special Meeting September 22, 2008 Page 6 of 6 4. Motion to Adopt: Resolution No. 2008-27; Authorizing an Addendum to the Agreement for Law Enforcement Services. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND J.R. "JACK" PARKER, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated a base Contract price of $2,703,023.00 with a monthly premium of $215,761.91. There was no public comment. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Adopt Resolution No. 2008-27; Authorizing an Addendum to the Agreement for Law Enforcement Services. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. Mr. Petsos asked for a brief synopsis of the City funds related to the national economy. Ms. Bowers informed that City funds were minimally invested in any Real Estate funds. In conclusion, Ms. Bowers reported the City's financial standing as secure. Mayor Pro Tem Hoog requested to see a Master Plan for the sidewalks and the timeline for proposed sidewalk installation. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 6:00 P.M. Rocky Randels, MAYOR Susan Stills, CMC CITY CLERK Meeting Type: Regular Meeting Date: 10-07-08 Heading AGENDA Consent Item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-28, APPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD DEPT./ DIVISION: LEGISLATIVE Requested Action: City Council to consider the adoption of Resolution No. 2008-28, appointing Mr. Harry Pearson as a Regular Member of the Library Board. Summary Explanation & Background: Term will expire 10-01-2010. Exhibits Attached: Resolution No. 2008-28 City Manager •ffice Department LEGISLATIVE RESOLUTION NO. 2008-28 A RESOLUTION APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER OF THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 46-26 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City of Cape Canaveral City Council to appoint an Alternate Member as a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Harry Pearson is hereby appointed as a Regular Member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1. 2010. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of October, 2008. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name For Against Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Page 1 of 1 Clerks Office From: Clerks Office [clerksoffice@cfl.rr.com] Sent: Monday, September 22, 2008 2:49 PM To: 'Harry Pearson' Cc: 'stills-cape@cfl.rr.com'; 'Isabel Escapa' Subject: Library Board member status Good Afternoon Mr. Pearson, We are informing you that as a result of James Brown resigning from the Library Board, your status will change from Alternate Member to Regular Member. The Resolution for approval will be on the next City Council Meeting on Tuesday, October 7th. Please call us if you have any questions. Thank you. Mia Goforth, Admin. Assist. City of Cape Canaveral City Clerk's Office 321-868-1220 9/22/2008 WHEREAS, City government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, City government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, City government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities, and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, 1, Rocky Randels, Mayor, of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim that the week of October 19th — 25th 2008 be designated as FLORIDA CITY GOVERNMENT WEEK and that the City of Cape Canaveral does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly and that the City will encourage educational partnerships between City government and schools. Florida City Government Week Page 1 of 1 Florida City Government Week This year's Florida City Government Week is October 19 - 25, 2008. Florida City Government Week is a very special time to recognize the important role played by city govemment in our lives. Most importantly, this week is a time to spread the word to all citizens of Florida that they are an integral part of the government that is closest to the people. For this year's Florida City Government Week we have compiled a packet of information which includes numerous ideas for celebrating this special week. If you are a municipal official, please click here for additional Florida City Government Week information. If you are an educator, please click here, for additional Florida City Government Week information. If you have any questions regarding this program please e-mail the Public Affairs staff or call (850) 222-9684. http://www.flcities.com/membership/city government week.asp 10/1/2008 Meeting Type: Regular Meeting Date: 10-07-08 Heading Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Resolution 6 SUBJECT: RESOLUTION NO. 2008-29, APPROVING THE SEA SHELL CAY NORTH REPLAT DEPT./ DIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: City Council to approve the Final Plat for Sea Shell Cay North, a replat of Lot 3, Harbor Heights West. Summary Explanation & Background: Lot 3 of harbor Heights West was originally platted as a lot for a single family home. On March 24, 2008, the Board of Adjustment granted a special exception to construct three townhomes on the subject property which is zoned C-1 Low Density Commercial. Staff has reviewed the plat and recommends approval. PLAT HAND-OUT Exhibits Attached: Res. No. 2008-29; P&Z MEMO; APPLICATION; STAFF COMMENTS City Manager's Office Department COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO. 2008-29 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "SEA SHELL CAY - NORTH"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE REPLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tripple J Investments, LLC, has complied with the re -platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Re -Plat of Tripple J Investments, LLC —Section 14, Township, 24 South, Range 37, Harbor Heights West, Lot 3 - is hereby approved. SECTION 2. The Mayor and the City Clerk are hereby authorized to execute said re -plat. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of October, 2008. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name For Against Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts City of Cape Canaveral Date: September 26, 2008 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan L. Chapman, Secretary, Planning & Zoning Boar Re: Recommendation to City Council Sea Shell Cay North Final Replat At the Planning & Zoning Board meeting, held on September 24, 2008, by unanimous vote, the Board recommended approval of the above referenced Final Replat to the City Council. Please schedule this Final Replat for the next City Council meeting agenda. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.comicape • email: ccapecanaveral@cflsr.com APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: e 5 (NOTE: SUBNIITTAL MUST BE SUBMITTED A MLNaIUM OF 30 DAYS PRIOR TO THE PLANNING & ZONING MEETING; PLAT MUST MEET THE REQUIREIYFENTS OF SECTION 98-41 THROUGH 98-62). [S THIS A PRELEVELNARY PLAT, RE -PLAT, OR FLNAL PLAT? / P1 at-4— k_MOUNT OF ELL,EG kEE PAID: S3').50 k_INIOUNT OF ENGINEERING DEPOSIT PAID: S '700,(2°- )n) BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION_ APPROVE -THE Z_EQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: THIS NEEDS TO BE )0NE-PRIOR TO SUBNITITAL). YES NO N.A. 'ROJECT NAME: -S e S elf CA y in • 'ROJECT ADDRESS: C3 '0°9 eet 5/A eft Lo- ,EGAL DESCRIPTION: 566-1' / -7:(21Ai-(e.2 37`'- ) IrYNER (5) NAME: I1Y ppi-e 1 Eou e,1141 L \ NER (S ) A_DDRESS: P, L Tcx 30( £-1p „ ROJECT ARCHITECT/FNGENi_ER: l'f'fiC 6 0.-r FIONE NO. OF A_RUHILECT/ENGLNEER: PPLICANT(S) SIGNATURE: iONE NUMBER OF OWNER/AGENT: Lci est- /,..D14 3 OWNER/AGENT Tt LL c 3 g / July 15, 2008 City Of Cape Canaveral Respectfully request review of Final Plat concerning property on Sea Shell Lane, Cape Canaveral Florida. The Opinion of Title will be ordered when this review is placed on the agenda for the City Council, and be available for the City Council meeting. Enclosed please find the application, copy of Warranty Deed, copy of Joinder and Consent, proposed Party Wall Agreement and a stamped sheet of the Replat with 14 copies. Thank you, John Johanson, Managing Member For Tripple J Investments, LLC CITY Of CAPE CANAVERAL MEMORANDUM TO: Susan Chapman Building Department FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 07/21/08 Sea Shell Key North Final Re -plat — Party Wall Agreement FILE CUri ir Public Works has reviewed the re -plat submittal for the referenced vacant property and has no comments. Susan Chapman From: John Cunningham [jcunningham@ccvfd.orgj Sent: Thursday, July 31, 2008 4:17 PM To: chapman-cape@cfl.rr.com Subject: RE:Sea Shall Cay North / Final Replat Susan, We have reviewed the plans and have no comments at this time. Thanks Page 1 of 1 Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.le) 08/01/2008 August 1; 2008. Mr. Barry Brown Planning and Development Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Final Plat Review — Sea Shell Cay North - Review #1 SSA Job No. 05-0025, Task 060-1003 Dear Mr, Brown: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. I spoke with Mr. John Johanson on 8-1-08 (on the phone), he assured me that there was no need to have a reference on the plat , as to deed restrictions, i.e. party wall agreement, yard maintenance, access to lot 2, etc., because the restriction (declaration) were not going to be recordA at the time of recording the plat. The platted land may be use in a different configuration in the future and the restrictions could have no bearing on the property. In addition I have agreed to review the Title Opinion at the time I sign the plat, due to the length of time that the Title Opinion will be valid. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, David Roy Jo es, Chief Surtbr DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee for Review #1 — $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. / STOTILER STAGG & ASSOCIATES ARCM' ECTS ENGINEERS PLANNERS, INC., 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 ,43a sotior: Nov -ojects',c ape\200811.sea shell cay north final plaiCe144c)' rng2 #EB0000762 #LB0006700 Party Wall Agreement 8811, 8813, And 8815 Seashell Lane Cape Canaveral, Florida This Declaration made this day of whose mailing address is P.O. Box 301, Cape Canaveral, Florida, 32920, hereinafter referred to as the "Declarant", Tripple J Investments, LLC. WITNESSETH: WHEREAS, Declarant is the owner of certain real property located and lying and being in Brevard County, Florida, and more particularly described as; Lots 1, 2, and 3, SEA SHELL CAY NORTH, according to the Plat thereof as recorded in Plat Book at Page of the Public Records of Brevard County, Florida. Previously recorded as; Lot 3, HARBOR HEIGHTS WEST, located in Section 14, Township 24 South, Range 37 East, in Plat Book 48, Page 31, of the Public Records of Brevard County, Florida. NOW THEREFOR, Declarant hereby declares that all of the properties described above be held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, to wit: 1. The foregoing recitals are declared to be true and correct and by reference are incorporated herein and made part of hereof as is fully set forth. 2. There is hereby created in favor of each owner or purchaser, and their heirs, successors and assigns, an easement covering party walls to be placed equally on the line separating the dwellings to be erected and the property subject thereof. 3. The cost of maintaining the party wall shall be borne equally by the owners on either side of said wall. 4. In the event of damage or destruction of said wall from any cause, other than the negligence or intent of either party, the then owners shall, at joint expense, repair or rebuild said wall and each party, heirs, successors and assigns, shall have the right of full use of said wall so repaired or rebuilt. If either party's negligence or intentional act shall cause damage to or destruction of said wall, such negligent or willful party shall bear the entire cost of repair and reconstruction. 5. Neither party shall alter or change said party wall in any manner, interior decoration excepted and said party wall shall always remain the same location as when erected, and each party to said common or division wall shall have perpetual easement in that part of the premises of the other on which said party is located, for party wall purposes. 6. The easements, agreements and restrictions hereby created are and shall be perpetual and construed as covenants running with the land and each and every person accepting a deed to any lot in said multiple unit shall be deemed to accept such deed with the understanding that each and every purchaser is also bound by the provisions herein contained, and each and every purchaser by accepting a deed to any lot shall hereby consent and agree to be bound by the convents herein contained to the same extent as though he had signed this instrument. The undersigned, in executing and delivering deeds to said lots shall insert in said conveyance, by reference that the same are made subject to the terms, conditions, reservations and covenants herein contained_ For the breach of any of the above restrictions, reservations, easements and covenants, each party shall be entitled to apply for relief by injunction in addition to any other remedy available to them in law or equity. 7. This declaration shall ensure to the benefit and apply to any existing or subsequent mortgage holders on the premises described herein. 8. Painting of exterior of units shall be subject to approval of all parties and all units shall have matching color of body and trim. 9. Any roof damage, replacement or repair costs shall be borne by all parties in all units, other than the negligence or intent of any party. If any party's negligence or intentional act shall cause damage to or destruction to the roof, such negligent or willful party shall bear the entire cost of repair. 10. Lot 2 shall be granted reasonable access to rear of building from lots 1 and 3. If a fence is installed between lots, it shall have a minimum 36" gate in the Utility easement. 11. Property owners shall maintain yard in a neat and clean manner. IN WITNESS WHEREOF, this Declaration is being executed this Day of Sign Name Print Name Witness By: Sign Name Print Name Sign Name Print Name JOINDER AND CONSENT The undersigned, Coastal Bank, owner and holder of that certain Mortgage dated October 4, 2005 and recorded in Official Records Book 5565, Pages 5944 through 5963, modified by Mortgage Modification recorded in Official Records Book 5652, Page 7607, of the Public Records of Brevard County, Florida encumbering the subject property, does hereby consent to and joins in all respects in and to that plat of SEA SHELL CAY NORTH. In witness whereof, said Mortgagee has hereunto set its hand and seal this 26th day of June, 2008. Signed, sealed and delivcred in the presence of: STATE OF FLORIDA COUNTY OF BREVARD By: STA03ANK \\ \ kPtr14ciIon, President The foregoing instrument was acknowledged before me this 26th day of June, 2008 by R. Paul Johnson as President of Coastal Bank, on behalf of Coastal Bank. He is personally known to me and he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily. My Commission Expires CARRIE M. GOOLSBY (ikNotary Public - State of Florida -NyCorrrnissianEviresAug25,211311 Commission # DD 3491153 Bonded By National Notary Assn. i-1 No-aiirPublic (,) _1(1T 1 CY) 1 PREPARED HT AND RETURN TO: RENEE CHISHOLM TOWN & COUNTRY TITLE, INC. 1227 S. Patrick Dr., Suite 105 Satellite Beach, FL 32937 File No. 10857 TAX PARCEL ID NO. 24 37 14 30 00 3 WARRANTY DEED 1111111111d ?Il 1 CFN 2005408430 t 16-2005 12:48 pm OR Book/Page: 5565 / 5942 Scott Ellis Clerk Of Courts, Brevard County #Pgs: 1 #Names: 2 Trust: 1.00 Rec: 9.00 Serv: 0.00 1,890.00 _xcise:0.00 Mfg: 0.00 Int Tax: 0.00 THIS INDENTURE, made the 4th day of October, 2005, between RCI BUILDING AND DEVELOPMENT INC., a Florida corporation ("Grantor'!, and TRIPPLE J INVESTMENTS, LLC, a Florida Limited Liability Company (Taxpayer 1. D. Numbers: 1, whose mailing address is 310 Adams Avenue, Cape Canaveral, FL 32920 ('Grantee %. (Wherever used herein the temp 'grantor' and 'grantee' Csckde all the parties to Itis instrument end the heirs, legal representatives and anaigr. of Individuals, and the successors and assigns o1 corporation ./ WITNESSETH: That said Grantor, for and in consideration of the sum of TEN DOLLARS ($10.001, and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Brevard County, Florida, viz: Lot 3, HARBOR HEIGHTS WEST, according to the Plat thereof, as recorded in Plat Book 48, Page 31, PUblic Records of Brevard County, Florida. SUAJECT 1O taxes for 2005 and subsequent years. SUBJECT TO zoning. restrictions. prohibRions. and other requirements imposed by governmental authority; reshictions and matters appearing on the plat or otherwise common to the sub- division; and public uhbty easements of record; this reference to sold restrictions shall not operate to reimpose Me same. TOGETHER with all the tenements, hereditaments, and eppunenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has pond right end lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claim of all persons whomsoever; and that said land is free of a0 encumbrances. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents, fed and delivered in the i i senor of: 7k Witness Typed/Printed Name n(Wunrv: .e.r ,l lata �Z 1* - 4-1 Typ ,vp EPSEANNA J. SORRELL ed/Pnnted Nsmc o(Wrtn STATE OF EL COUNTY OF BREVARD RCI BUILDING AND DEVELOPMENT, INC. a Florida corporation By: (-3.u- WENDY SCAN ELL, President Address: 2458 Long Sandy Circle, Merritt Island, FL 32952 (Corporate Seal) The foregoing Warranty Decd was acknowledged before me this 30th day u( Sept amber, 2005, by WENDY SCANNELL, as President I BUILDING AND DEVELOPMENT INC., a Florida corporation, on behalf of said corporation o is/are personally known to me, or 0 who has/have produced driver licenses) as identification, or ❑ who has/have produced as idcnrificanon. [NOTARY 011 Reil t Cbisbolm Commission #DD207164 11iplres: May 30,2007 Bonded Thu AWadc Boding Co.. Inc. Notary Public Typed/Printed Name of Notary, Commission Number: My commission expires: Warranty Deed Page 1 Meeting Type: Regular Meeting Date: 10-07-08 AGENDA Heading Considerations Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL 7 SUBJECT: CONSIDERATION: APPROVAL OF EMERGENCY REMOVAL OF MUCK AND SEDIMENT FROM THE CENTRAL BOULEVARD CANAL IN THE AMOUNT OF $18,040. DEPT./ DIVISION: PUBLIC WORKS / STORMWATER Requested Action: City Council to consider the approval of the Emergency Removal of muck and sediment from the Central Blvd. Canal, by Atlantic Development of Cocoa, Inc., in the amount of $18,040 as recommended by the Assistant Public Works Director. Summary Explanation & Background: See attached memo, I recommend approval. Exhibits Attached: Assistant Public Works Director's Memo and Supporting Documents City Manager's Office Department PUBLIC WORKS / STORMWATER To: Through: From: Date: Bennett Boucher — City Manager Walter Bandish — Public Works Director Jeff Ratliff — Assistant Public Works Director September 17, 2008 Re: Agenda Item for October 7, 2008 Council Meeting Contractor Fees - Tropical Storm Fay Due to the excessive amount of rainfall from Tropical Storm Fay, the City of Cape Canaveral (City) contracted with Atlantic Development of Cocoa, Inc., for the following activities (emergency basis): • Removal of muck/sediment from the Central Ditch and re -grading of a portion of the eastern bank. The contracted activities, which included equipment/truck rentals and contractor personnel fees, were completed on September 3. The activities were performed to improve stormwater flow through the ditch channel — the activities were performed on an emergency basis to assist in the removal of stormwater from the Canaveral Drainage Basin, which experienced flooding during/after Tropical Storm Fay. Costs for completion of the project are $18,040.00. Recommendation: Recommend the approval of funds ($18,040.00) to Atlantic Development of Cocoa, Inc., for costs associated with the improvements to the Central Ditch. Funds were not included in the City's budget for these activities — funds are available from the City's Stormwater Fund — Canaveral Ditch Project (403-018-538-631001). ATLANTIC DEVELOPMENT OF COCOA INC 2185 WEST KING STREET COCOA, FL 32926 (321)639-8788 FAX (321)639-0936 September 18, 2008 In regards to: Central Blvd Emergency Ditch Cleaning City of Cape Canaveral PO Box 326 Cape Canaveral, FL 32920 Attn: Walter Banish Walter, We are pleased to provide you a lump sum quote to supply all labor, materials, and supervision to complete the above referenced project. Please see below for the description of work and pricing. Remove dirt and grass blockage in drainage ditch on Central Blvd South, for a distance of 125 feet. Dates of work were September 3rd through September 4th Description Qty Hrs/Unit Price/Item Total 50' Reach Trackhoe 1 16 $450.00 $7,200.00 Dump Truck 2 16 $85.00 $2,720.00 Equipment Operator 1 16 $55.00 $880.00 Mobilize Et Demobilize 1 LS $4,488.14 $4,488.14 OHEtP18% $2,751.86 Total $18,040.00 Should you have any question or concerns please contact me anytime. Thank you, Atlantic Development of Cocoa, Inc. Jim Moore JM: slw Cc: file Meeting Type: Regular Meeting Date: 10-07-08 Heading Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Considerations 8 SUBJECT: CONSIDERATION: APPROVAL OF EMERGENCY STORMWATER PUMP RENTAL IN THE AMOUNT OF $9,680 DEPT./ DIVISION: PUBLIC WORKS / STORMWATER Requested Action: City Council to consider the approval of emergency stormwater pump rental in the amount of $9,680 to Atlantic Development of Cocoa, Inc., as recommended by the Public Works Director. Summary Explanation & Background: Pump rental was secured in advance of Tropical Storm Hanna, as a protective measure. I recommend approval. Exhibits Attached: Public Works Director's Memo 9-24-08; FDEP Emergency Order Department PUBLIC WORKS / STORMWATER CITY OF CAPE CANAVERAL PUBLIC WORKS MEMO TO: Bennett Boucher, City Manager FROM: Walter Bandish, Public Works Director SUBJECT: Agenda Item for October 7, 2008 (Atlantic Development of Cocoa, Incorporated — Pump Rental) DATE: September 24, 2008 Request approval of Emergency Pump rental, $9,680.00 for Stomiwater flooding control during Hurricane Hanna. The pumps were rented in order to prevent extensive flooding like which occurred during Tropical Storm Fay. There were 2 pumps rented for a period of 5 days each; a 6" pump at $800.00/day totaling $4,000.00 and a 10" pump at $1,136.00/day totaling $5,680.00. Respectfully, Walter Bandish Public Works Director SOLO TO: Atlantic Development of Cocoa, Inc. 2185 West King Street Cocoa, FL 32926 City of Cape Canaveral PO Box 336 Cape Canaveral, Florida 37910 PURCHASE ORDER NUMBER DATE ORDERED SALESPERSON TERMS ITEM ORDERED SHIPPED 5 days MESSAGE: 10' pump SHIP TO; DATE SHIPPED PAYMENT DUE DESCR nTION INVOICE INVOICE NO. INVOICE DATE912312008 5521 Harbor Dive Standby pumps SHIP VIA PP;!'E SUBTOTAL SALES TAX SKIPPING TOTAL NOTES 1,136.00 F.O.B. AMOUNT 5.680.00 $5.680.00 SOLD TO: Ati4.Develapmat,-eC0coa,, 21,15 Cpacift, M32926 City Qt Cape carmen). PO Boit 326' Ca e Canaveral, Florida 32920 PURCHASE ORDER NUMBER DATE ORDERED SALESPERSON TERMS ITEM ORDERE2 SHIPPED 5 MESSAGE: INVOICE INVOICE NO. • SHlP TO: DATE SHIPPED PAYMENT DUE DESCRIPTION 9;23I INVOICE DATE Cental Avs.ritie SHIP VIA 5520 NOTES REC;:itic0 BYFVANC,F.- DATE A PRICE SUBTOTAL SALES TAX SHIPPING TOTAL *..1.3.0 AMOUNT 4,0 . STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN RE: City of Cape Canaveral Emergency Relief for Stormwater Effects Resulting from Tropical Storm Fay and Tropical Storm Hanna EMERGENCY FINAL ORDER, OGC File No. 08-2222 Under Sections 120.569(2)(n) and 252.36 of the Florida Statutes, and upon consideration of the State of Florida Executive Order No. 08-182 and the following findings of fact, the State of Florida Department of Environmental Protection (Department) enters this Emergency Final Order (Order), including Findings of Fact and Conclusions of Law, in response to the imminent or immediate danger to the public health, safety, and welfare of the citizens of the State of Florida resulting from Tropical Storm Hanna, predicted to strengthen to hurricane intensity and make landfall in the Southeast United States, including Florida. FINDINGS OF FACT 1 The City of Cape Canaveral, located in Brevard County, is responsible for management of stormwater within their jurisdictional limits. 2. On August 18 through 23, 2008, Tropical Storm Fay produced copious amounts of rain in Brevard County. State of Florida Executive Order No. 08-170 was issued in response to Tropical Storm Fay. As a result of Tropical Storm Fay, the area experienced heavy flooding of homes within the area described in paragraph 9, below. Although flood waters have receded, they still persist at increased levels. 3. The National Weather Service has predicted that Tropical Storm Hanna may strike the Southeast United States during the week of September 1St on a track that will produce significant additional rainfall along the Central Florida coastline. 4. Due to expected heavy rainfall anticipated from Tropical Storm Hanna, combined with the lingering flooding effects of Tropical Storm Fay, the area described in paragraph 9, below, is reasonably expected to experience additional flooding, that if it occurs could result in personal injury or severe property damage. 5. The Department is entering this Emergency Final Order to protect human health and safety and property. CONCLUSIONS OF LAW 6. The Department is empowered to administer and enforce Chapters 161, 373 and 403 of the Florida Statutes and the rules promulgated and adopted thereunder. 7. Based on the findings recited above, it is hereby concluded that the emergency caused by Tropical Storm Hanna, combined with the lingering effects of Tropical Storm Fay, continues to pose an immediate danger to the public health, safety, or welfare and requires an immediate order of the Department. 8. Under State of Florida Executive Order No. 08-182, and Sections 120.569(2)(n) and 252.36 of the Florida Statutes, the Secretary of the Department is authorized to issue this Emergency Final Order. 2 THEREFORE. IT IS ORDERED THAT: 9. The City of Cape Canaveral is authorized to install two temporary storm water drainage systems to alleviate flooding caused by excessive rains brought by back- to-back tropical events (Tropical Storm Fay, Tropical Storm Hanna). The drainage systems shall be installed at a maximum of two locations, in order to drain storm water from residential areas into the Atlantic Ocean, and each system shall consist of a flexible drainage pipe and a pumping station. Pumping stations shall include an approximate 10- 12 inch pump with a discharge capacity of approximately 7500 gallons / minute and will be established westward of the dune, in cul-de-sac or parking lot areas. The flexible 6-8 inch diameter pipes shall be placed on wooden dune walkovers or, sand footpaths, and are not authorized to be placed on dune vegetation. The outfall of the pipes will be located below the mean high water line and will be appropriately anchored or secured. The pumping area and pipe will be marked with barricades and / or cones. SPECIFIC CONDITIONS: A. The City of Cape Canaveral shall notify the Department's Bureau of Beaches and Coastal Systems and the Department's Central Florida District Office when any activities under this Order are commenced, including construction activities and pumping. The City shall contact the Department's Central District Office daily to confirm the volumes of stormwater discharged, the current status of any flooding to the area covered, and to discuss the need to continue any further activities, including pumping, under this Order. The City shall additionally notify the above offices when pumping 3 activities cease. Notification shall be made verbally or by email and followed up in writing within 3 days. B. A drainage station located at 8997 Tropic Beach Drive at the Ron Jon Cape Caribe Resort is authorized to begin draining the adjacent storm water ponds immediately. This system will provide relief to on Ron Jon Cape Caribe Resort, Solana Shores, and Solana Lakes subdivisions. A second drainage system is authorized at the end of Harbor Drive. This drainage system will be utilized only in the event that surrounding streets begin to flood. This system will alleviate flooding impacts to the Harbor Heights and Ocean Woods subdivisions. C. The drainage system located at 8997 Tropic Beach Drive is located on privately owned property, but shall be established under the oversight of the City of Cape Canaveral. D. No impacts to dunes or dune vegetation are authorized. In the event any vegetation is impacted, the City is responsible for restoring the area to pre -project conditions. E. All pumping activities shall be monitored by at least one individual employed by the City at all times. F. The outfall of the discharge pipe shall be located below the mean high water line at all times. G. When pumping activities begin, the Brevard County Health Unit as well as the State Department of Health shall be notified, so that appropriate beach advisory warnings and posting may occur. 4 H. Construction related activities are authorized to occur on the nesting beach seaward of the dune crest under the following conditions: 1) A daily marine turtle nest survey of the nesting beach in the vicinity of the project (including areas of beach access) shall be conducted each day until completion of the activity. All nests in the project area and on the beach between the project and access sites shall be marked by stake and survey tape or string in a circle with a radius of ten (10) feet or as needed to ensure the safety of the nest. No construction activities shall enter the circle marking the nest and no adjacent construction shall be allowed that might directly or indirectly disturb the area within the staked circle. 2) Nest inventories shall be conducted on all marked nests in accordance with FWC's Sea Turtle Protection Guidelines. 3) No construction activity may commence until completion of the marine turtle survey each day. Please contact Mr. Don George, Geomar, at 321-853- 6823 to coordinate all marine turtle protection requirements. 4) It is the responsibility of the permittee to ensure that the project area and access sites are surveyed for marine turtle nesting activity. All nesting surveys, nest relocations screening or caging activities etc. shall be conducted only by persons with prior experience and training in these activities and who is duly authorized to conduct such activities through a valid permit issued by the Fish and Wildlife Conservation Commission (FWC), pursuant to Florida Administrative Code 68E-1. 5 5) All excavations and temporary alteration of beach topography shall be filled or leveled to the natural beach profile after project completion. The beach surface shall be inspected subsequent to completion of the project and all tracks, impressions, scarps, or ponding due to the project or movement of heavy equipment across the beach shall be removed. 6) No temporary lighting of the project area is authorized. 10. This Order does not provide relief from the requirements of other federal, state, water management districts, and local agencies. This Order therefore does not negate the need for the facilities to obtain any other required permits or authorizations, nor from the need to comply with all the requirements of those agencies. This Order does not provide relief from any of the requirements of Chapter 471 of the Florida Statutes regarding professional engineering. 11. Failure to comply with any condition set forth in this Order shall constitute a violation of a Department Final Order under Chapters 161, 373 and 403 of the Florida Statutes, and enforcement proceedings may be brought in any appropriate administrative or judicial forum. 12. This Emergency Final Order shall take effect immediately upon execution by the Secretary of the Department, and shall expire on September 29, 2008, unless modified, extended, or cancelled by further Order. NOTICE OF RIGHTS Pursuant to Section 120.569(2)(n) of the Florida Statutes, any party adversely affected by this Order has the right to seek an injunction of this Order in circuit court or judicial review of it under Section 120.68 of the Florida Statutes. Judicial review must 6 be sought by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this Order is filed with the Clerk of the Department. DONE AND ORDERED on this 2rict day of September, 2008, in Tallahassee, Florida. FILED on this date, pursu §120.52 Florida Statutes designated Dep recei t of which FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION At,/ ileix Michael W. Sole, Secrefary 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 with the N, k, °Wedged. DATE: 7 Meeting Type: Regular Meeting Date: 10-07-08 Heading Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Considerations 9 SUBJECT: CONSIDERATION: ONE-YEAR RENEWAL OF THE STREET SWEEPING CONTRACT WITH USA SERVICES OF FLORIDA, INC. DEPT./ DIVISION: STORMWATER UTILITY Requested Action: City Council to consider approval of a one-year renewal of the street sweeping contract with USA Services of Florida, Inc., as recommended by the Assistant Public Works Director. Summary Explanation & Background: This is a joint service agreement with the City of Cocoa Beach and the Annual Rate will remain at $8,304.24. I recommend approval. Exhibits Attached: ASSISTANT PUBLIC WORKS DIRECTOR'S MEMO; CONTRACT AMENDMENT City Manager' ffice Department STORMWATER UTILITY To: Bennett Boucher — City Manager Through: Walter Bandish — Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: September 30, 2008 Re: Agenda Item for October 7, 2008 Street Sweeping Services Contract To meet the requirements of the National Pollutant Discharge Elimination System (NPDES) pelmit, the City of Cape Canaveral (City) previously established a street sweeping program. This scheduled maintenance program limits pollutants, trash, and sand from entering the City's stormwater system and discharging to the Banana River. In an effort to lower the cost of street sweeping maintenance, the City and The City of Cocoa Beach have joined forces. The two cities advertised jointly for Street Sweeping Services, and contracts were awarded to USA Services of Florida, Inc. (USA) beginning in 2002. The contract includes street sweeping for both the City streets and parking lots (including the library) at a cost of $19.51 per curb mile. The sweeping frequency for the City is once per month; the actual cost per month for the City is $692.02 (or $8,304.24 annually). The joint agreement allows a contract extension for a one-year period — which expired on September 30, 2008; Contract Amendment 3 (see attachment) extends the contract period for one year to September 30, 2009 with potential annual renewals for a three-year period to September 30, 2012. Recommendation: Funds have been budgeted for this contract within the Stormwater Enterprise Fund for FY 2008-2009 (403-018-538-461000). Staffrecommends approval of the Cape Canaveral/Cocoa Beach joint Street Sweeping Services Contract Amendment 3 with USA Services of Florida, Inc., in the amount of $8,304.24. AMENDMENT 3 to CITIES OF COCOA BEACH & CAPE CANAVERAL STREETSWEEPING CONTRACT Dated September 22, 2008 By Contract executed on October 17, 2002 by and between the City of Cocoa Beach and the City of Cape Canaveral, know as the "Cities", and USA Services of Florida, known as the "Contractor" witnesseth: As a result of the Cities' complete satisfaction with the level of service provided by the Contractor, the Cities wish to amend Article 1 — Term of Contract to allow service to continue for one (1) year until September 30, 2009. The first paragraph of Article 1 of the Streetsweeping Contract shall be amended as follows. ARTICLE 1 - TERM OF CONTRACT The Contractor shall commence services under this Contract on October 1, 2008 and this Contract shall continue for a period of one (1) year through September 30, 2009, unless either party chooses to exercise its rights under Article 27 - Termination. This Contract is renewable in one (1) year increments thereafter if extended by mutual agreement of all parties no less than thirty (30) days prior to Contract expiration. The maximum term for this Contract shall be five (5) years with a final Contract expiration of September 30, 2012. C-DOCLIME- I '.STORMW--ITOCALS-1,Temp Streetsweeping Contract 200k Amendment 4.doc IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year first above written. Attest: By: Loredana Kalaghchy, CMC City Clerk Date: Attest: By: Sandra Sims, CMC City Clerk Date: CITY OF COCOA BEACH, FLORIDA a Florida Municipal Corporation By: Charles Billias, City Manager Date: CITY OF CAPE CANAVERAL, FLORIDA a Florida Municipal Corporation By: Date: Rocky Randels, Mayor Witnesses: USA SERVICES OF FLORIDA, INC., a Florida Corporation By: Print Name: Eric A. Seidelman, It's President Print Name: (CORPORATE SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: By: Skip Fowler, City Attorney Anthony Garganese City Attorney of Cocoa Beach City Attorney of Cape Canaveral Date: Date: CtDOCUN1E-1',STORMW- I LOCALS -1 Temp,Streetsaveeping Contract 2008 Amendment 4tdoc Meeting Type: Regular Meeting Date: 10-07-08 Heading Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Considerations 10 SUBJECT: CONSIDERATION: CONTRACT FOR AUDIT SERVICES WITH MCGLADREY & PULLEN DEPT./ DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council to consider the proposed audit service contract for the year ending 09-30-08 with McGladrey & Pullen, Certified Public Accountants, as recommended by the City Treasurer. Summary Explanation & Background: The audit contract cost for the 09-30-08 fiscal year is $42,600 with an option to renew for each of two subsequent fiscal years. There was an increase of $7,600 due to new audit requirements, see attached for an explanation. I recommend approval. Exhibits Attached: Audit Contract and Supporting Documents City Manas - •_ - Department ADMINISTRATION/FINANCE Andrea Bowers, City Treasurer P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1234 (321) 868-1248 fax Bowers-cape@cfl.rr.com Memo City of Cape Canaveral To: Honorable Mayor and Members of C • • ncil CC: Bennett Boucher, City Manager From: Andrea Bowers, City Treasurer Date: 22 September 2008 Re: Audit contract with McGladrey & Pullen Attached it the arrangement letter from McGladrey & Pullen for the external audit for the fiscal year ended September 30, 2008. It needs to be noted that the contract price of $42,600 is significantly higher than previous years. This increase is primarily due to the increase in audit standards by the American Institute of CPAs, attributable to the recent and current history in the financial fields. Many of the new standards come from those instituted in the public field by Sarbanes-Oxley. McGladrey & Pullen has provided an article, attached, written by Stephen J. Gauthier of GFOA, explaining the changes and how they will impact both the auditor and the client. I believe that due to the past experience with this firm and their knowledge of the City's processes, this additional cost has been held down as much as possible. Please feel free to contact me through my office at 868-1234 if you have any questions or concerns. 1 Bennett Boucher From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Tuesday, September 23, 2008 3:07 PM To: Andrea Bowers (bowers-cape@cfl.rr.com); Anthony Garganese; Brown, Barry ; David Sargeant (dsargeant@ccvfd.org); Douglas Scragg; Jeff Ratliff (jratliff-cape@cfl.rr.com); Robert Lefever; Susan Stills (stills-cape@cfl.rr.com); Todd Morley (morley-cape@cfl.rr.com); Walter Bandish (wbandish-cape@cfl.rr.com) Subject: Annual audit Hello everyone, As we gear up for the annual audit, your department might be asked to provide more information, and you might even be interviewed by one of the Auditors. This is a summary of the new audit requirements we now have to adhere to. Matthew A. Geerdes, CPA, and Deborah P. Garringer, CPA The new Statement on Auditing Standards (SAS) No. 112, "Communicating Internal Control Related Matters Identified in an Audit," requires auditors to report — in writing — to management and those charged with governance control issues found during an audit that are considered to be significant deficiencies or material weaknesses. In the past, only material weaknesses had to be reported in writing. While auditors are not required to perform procedures to identify deficiencies in internal control over financial reporting or to express an opinion on the effectiveness of these controls, they may become aware of control deficiencies in the course of the audit. SAS 112 modified or introduced new definitions: • A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. • A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected. • A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected. Auditors are now required to consider the potential for a misstatement occurring, not whether a misstatement has actually occurred. The auditor is also charged with considering the "likelihood and magnitude of misstatement" as a result of control deficiencies. For this reason, findings not reported in writing in the past could rise to a reportable level because of their potential ramifications. Management letters are likely to be longer as a result of the new standard. These letters are now more likely to outline issues that in the past might have been communicated orally or might not have even been considered reportable. Management should not be defensive when reviewing the management letter. The findings can help raise awareness of the importance of internal controls throughout their organization. Internal control remains the responsibility of management, but auditors' comments can help managers justify needed enhancements to 1 governing bodies — additional staffing or procedure revisions, for example. Another positive outcome from the new standard is that governing bodies are likely to be better informed about the adequacy of the control environment and thus acquiring the necessary knowledge to authorize improvements. Owing to the new standard, governments are also becoming more aware of the need to document their accounting and reporting procedures and controls for the first time. Comprehensively documenting internal controls can help governments reconsider risks and assess weaknesses in various areas. This documentation can be found in various areas of a government's operations: Statutes and codes. Review all areas of the statutes and codes to ensure that job descriptions, responsibilities, union agreements, compensation schedules, and other personnel information is accurate and reflective of current practice. Information technology (IT) controls. Including them in the manual ensures that the entire control environment is described so that third parties can easily understand the control procedures without viewing the electronic documentation Segregation of duties. Make sure that documentation pertaining to this area is robust and up-to-date. In cases where staffing constraints prohibit a best -practice approach, governments should implement and document compensating controls to mitigate risks. This process could be as simple as having the reviewer initial the monthly reconciliation. Documentation consolidation and review. Consolidate documentation into one manual rather than having separate or partial manuals for various policies and procedures or operational areas. Doing so will make reviews easier because everything will be in one place. Comprehensive documentation reviews should occur at least annually. Summarized from: "In the Aftermath of SAS 112 for Government" Government Advantage, a Crowe Chizek and Company LLC publication, Fall 2008. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321-868-1224 www.mvflorida.com/cane 2 McGladrey& Pullen Certified Public Accountants September 5, 2008 Cape Canaveral City Council City Hall 105 Polk Avenue Cape Canaveral, FL 32920 Attention: Bennett Boucher, City Manager McGladrey & Pullen, LLP 7351 Office Park PI. Melbourne, FL 32940-8229 0 321.751.6200 F 321.751.1385 www.mcgladrey.com This letter is to explain our understanding of the arrangements for the services we are to perform for the City of Cape Canaveral, Florida (the "City") for the year ending September 30, 2008 with the option to renew for each of the two subsequent fiscal years. We ask that you either confirm or amend this understanding. We will perform an audit of the City's governmental activities, business -type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison of the general fund and each major governmental fund as of and for the year ending September 30, 2008 which collectively comprise the basic financial statements. We understand that these financial statements will be prepared in accordance with accounting principles generally accepted in the United States of America. The objective of an audit of financial statements is to express an opinion on those statements. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the basic financial statements: 1. Combining and individual non -major fund financial statements and schedules. The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: 1. Introductory section. 2. Statistical section. We will conduct the audit in accordance with auditing standards generally accepted in the United States of America and "Government Auditing Standards" issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable rather than absolute, assurance about whether the financial statements are free of material misstatement whether caused by error, fraudulent financial reporting, or misappropriation of assets. Accordingly, a material misstatement, whether caused by error, fraudulent financial reporting, or misappropriation of assets, may remain undetected. The determination of abuse is subjective; therefore, Government Auditing Standards do not expect us to provide reasonable assurance of detecting abuse. An audit of financial statements also includes obtaining an understanding of internal control sufficient to plan the audit and to determine the nature, timing, and extent of audit procedures to be performed. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, we will communicate to you and to management any significant deficiencies or material weaknesses that become known to us during the course of the audit. McGladrey & Pullen, LLP is a member firm of RSM International — an affiliation of separate and independent legal entities. City of Cape Canaveral, Florida September 5, 2008 Page 2 We will also communicate to the governing board: a. any fraud involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements; b. any fraud, illegal acts, violations of provisions of contracts or grant agreements and abuse that come to our attention (unless they are clearly inconsequential); c. any disagreements with management and other serious difficulties encountered in performing the audit; and d. various matters related to the entity's accounting policies and financial statements. In addition to our reports on the City's financial statements, we will also issue the following reports or types of reports: a. Reports on internal control related to the financial statements. These reports will describe the scope of testing of internal control and the results of our tests of internal controls. b. Reports on compliance with laws, regulations, and the provision of contracts or grant agreements. We will report on any noncompliance which could have a material effect on the financial statements. c. A letter to management of any non -reportable conditions and immaterial instances of non-compliance found during the audit. This letter will include our recommendations to remediate weaknesses noted during our study and evaluation of the City's system of internal control to the extent considered necessary to evaluate the system as required by generally accepted auditing standards and Section 11.45(3)(a)(4), Florida Statutes and defined in Rule 10.554(1)(F), Rules of the Auditor General. The funds that you have told us are maintained by the City and that are to be included as part of our audit are listed in Attachment A. The federal and state financial assistance programs that you have told us that the City participates in and that are to be included as part of the audit are listed in Attachment B. Our report(s) on internal control will include any significant deficiencies and material weaknesses in the system of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards identified above. Our report on compliance will address material errors, fraud; violations of compliance requirements, and other responsibilities imposed by state and federal statutes and regulations and assumed by contracts; and any state or federal grant, entitlement of loan program questioned costs of which we become aware, consistent with requirements of the standards identified above. City of Cape Canaveral's Responsibilities Management is responsible for the financial statements, including adjusting the financial statements to correct material misstatements, and for making all financial records and related information available to us. Management is responsible for providing us with a written management representation letter confirming certain representations made during the course of our audit of the financial statements and affirming to us that it believes the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole and to the opinion units of the financial statements. Management is responsible for establishing and maintaining effective internal control over financial reporting and for informing us of all significant deficiencies and material weaknesses in the design or operation of such controls of which it has knowledge. City of Cape Canaveral, Florida September 5, 2008 Page 3 Management is responsible for identifying and ensuring that the entity complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations. In addition, management is responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving management employees who have significant roles in internal control and others where the fraud could have a material effect on the financial statements. Management is also responsible for informing us of its knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, analysts, regulators, or others. The City Council is responsible for informing us of its views about the risks of fraud within the entity, and its knowledge of any fraud or suspected fraud affecting the entity. The City of Cape Canaveral agrees that our report on the financial statements will not to be included in an official statement or other document involved with the sale of debt instruments without our prior consent. Additionally, if The City of Cape Canaveral intends to publish or otherwise reproduce the financial statements and/or make reference to us or our audit, you agree to provide us with printer's proofs or a master for our review and consent before reproduction and/or release occurs. You also agree to provide us with a copy of the final reproduced material for our consent before it is distributed or released. Our fees for any additional services that may be required under our quality assurance system as a result of the above will be established with you at the time such services are determined to be necessary. In the event our auditor/client relationship has been terminated when the City seeks such consent, we will be under no obligation to grant such consent or approval. Our professional standards require that we perform certain additional procedures, on current and previous years engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client. Accordingly, the City agrees it will compensate M&P for any additional costs incurred as a result of the employment of a partner or professional employee of M&P. During the course of our engagement, we may accumulate records containing data which should be reflected in your books and records. You will determine that all such data, if necessary, will be so reflected. Accordingly, you will not expect us to maintain copies of such records in our possession. The assistance to be supplied by organization personnel, including the preparation of schedules and analyses of accounts is described below. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Other Terms of our Engagement The City hereby indemnifies McGladrey & Pullen, LLP ("M&P") and its partners, principals, and employees and holds them harmless from all claims, liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City's management, regardless of whether such person was acting in the City's interest. This indemnification will survive termination of this letter. Our fees are based on the time required by the individuals assigned to the engagement, plus direct expenses. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submission. Our fee for the services described in this letter will not exceed $42.600 plus direct expenses for fiscal year ending September 30, 2008, unless the scope of the engagement is changed, the assistance which the City has agreed to furnish is not provided, or unexpected conditions are encountered, in which case we will discuss the situation with you before proceeding. All other provisions of this letter will survive any fee adjustment. The schedule of fees for the optional renewal years will be based on the estimated hours included in the fee quote above as adjusted for any significant changes in level of funding or services and an agreed-upon cost -of -living multiplier. The working papers for this engagement are the property of M&P. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit working papers upon their request; and that we City of Cape Canaveral, Florida September 5, 2008 Page 4 shall maintain the working papers for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested workpapers will be provided under the supervision of M&P audit personnel and at a location designated by our Firm. In the event we are requested or authorized by the City or are required by government regulation, subpoena, or other legal process to produce our documents or our personnel as witnesses with respect to our engagements for the City, the City will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. From time to time and depending upon the circumstances, we may use third -party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose confidential client information to them. We enter into confidentiality agreements with all third -party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. If circumstances arise relating to the conditions of your records, the availability of sufficient, competent evidential matter, or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting, misappropriation of assets, or noncompliance which in our professional judgment prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion or issue a report, or withdrawal from the engagement. Any claim arising out of services rendered pursuant to this agreement shall be resolved in accordance with the laws of the State of Florida. It is agreed by the City and M&P or any successors in interest that no claim arising out of services rendered pursuant to this agreement by or on behalf of the City shall be asserted more than two years after the date of the last audit report issued by M&P. You have informed us that you intend to prepare a comprehensive annual financial report (CAFR) and submit it for evaluation by the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting Program. Our participation in the preparation of the CAFR is to consist of assisting the City in the drafting of the financial statements and reproduction and binding of the final report document. The two overarching principles of the independence standards of the "Government Auditing Standards" issued by the Comptroller General of the United States provide that management is responsible for the substantive outcomes of the works, and therefore, has a responsibility and is able to make any informed judgment on the results of the services described above. Accordingly, the City agrees to the following: Andrea Bowers, City Treasurer, will be accountable and responsible for overseeing the preparation of the draft of your financial statements and related notes. The City will establish and monitor the performance of the preparation of the financial statements and related notes to ensure that they meet management's objectives. The City will make any decisions that involve management functions related to the preparation of the financial statements and related notes and accepts full responsibility for such decisions. The City will evaluate the adequacy of services performed and any findings that result. City of Cape Canaveral, Florida September 5, 2008 Page 5 This letter constitutes the complete and exclusive statement of agreement between M&P and the City, superseding all proposals oral or written and all other communication, with respect to the terms of the engagement between the parties. In accordance with Government Auditing Standards, a copy of our most recent peer review report and applicable letter of comment has been provided to you, for your information. If this letter defines the arrangements as you understand them, please sign and date the enclosed copy, and return it to us. We appreciate your business. Confirmed on behalf of the addressee: cc: City Council McGladrey & Pullen, LLP Attachment A General Fund Special Revenue Funds 1. Police Education Fund 2. Fire Protection Fund 3. Library Fund 4. Beautification Fund Debt Service Funds 1. General Debt Service Fund Capital Project Funds 1. Capital Expansion Fund Enterprise Funds 1. Sewer Fund 2. Stormwater Fund Fiduciary Funds 1. Special Law Enforcement Trust Fund 2. Pension Trust Fund Attachment B Federal Emergency Management Agency • Disaster Relief Funds Florida Department of Environmental Protection • City Park Grant • 309(h) Pollution Program / Baffle Boxes Attachment C Statements and Schedules to be Prepared by the Staff: • Physical Inventory • Bank Confirmations • Investment Confirmations • Revenue Confirmations • Debt Compliance • Accrued Payroll Summary • Accounts Receivable Accruals • Bank Reconciliation Summaries • Investment Reconciliation Summary • Accounts Payable Accruals • Fixed Asset Schedules • 941 Payroll Reconciliations • Compensated Absence Schedules • Fixed Asset Schedules • Contracts & Grants Schedules • Various Compliance documentation To the Partners of McGladrey & Pullen, LLP and the Center for Public Company Audit Firms Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of McGladrey & Pullen, LLP (the Firm) applicable to non -SEC issuers in effect for the year ended April 30, 2007. The Firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us, since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that portion of the Firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the Firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the Firm. Our responsibility is to express an opinion on the design of the system, and the Firm's compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of McGladrey & Pullen, LLP in effect for the year ended April 30, 2007, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the Firm with reasonable assurance of complying with applicable professional standards. * * * As is customary in a peer review, we have issued a letter under this date that sets forth comments relating to certain policies and procedures or compliance with them. The matters described in the letter were not considered to be of sufficient significance to affect the opinion expressed in this report. 3*)4 z-? November 30, 2007 Wells Fargo Center 1700 Lincoln Street, Suite 1400 Denver, CO 80203-4514 303 861-4545 Fax 303 832-5705 bkd.com Beyond Your Numbers Praxi ty : MEMBER - GLOBAL ALLIANCE OF INDEPENDENT FINMS Attachment to the Peer Review Report of McGladrey & Pullen, LLP Description of the Peer Review Process Overview Firms enrolled in the AICPA Center for Public Company Audit Firms (the Center) Peer Review Program have their system of quality control periodically reviewed by independent peers. These reviews are system and compliance oriented with the objectives of evaluating the following: • Whether the reviewed firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. • Whether the reviewed firm's quality control policies and procedures applicable to non -SEC issuers were being complied with to provide the firm with reasonable assurance of complying with professional standards. A peer review is based on selective tests and directed at assessing whether the design of and compliance with the firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers provides the firm with reasonable, not absolute, assurance of complying with professional standards. Consequently a peer review on the firm's system of quality control is not intended to, and does not, provide assurance with respect to any individual engagement conducted by the firm or that none of the financial statements audited by the firm should be restated. The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At regular meetings and through report evaluation task forces, the PRC considers each peer review, evaluates the reviewer's competence and performance, and examines every report, letter of comments, and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews working closely with the peer review teams and the PRC. Once the PRC accepts the peer review reports, letters of comments, and reviewed firms' responses, these documents are maintained in a file available to the public. In some situations, the public file also includes a signed undertaking by the firm agreeing to specific follow-up action requested by the PRC. Firms that perform audits or play a substantial role in the audit of one or more SEC issuers, as defined by the Public Company Accounting Oversight Board (PCAOB), are required to be registered with and have their accounting and auditing practice applicable to SEC issuers inspected by the PCAOB. Therefore, we did not review the firm's accounting and auditing practice applicable to SEC issuers. Planning the Review for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers To plan the review of McGladrey & Pullen, LLP, we obtained an understanding of (1) the nature and extent of the firm's accounting and auditing practice, and (2) the design of the firm's system of quality control sufficient to assess the inherent and control risks implicit in its practice. Inherent risks were assessed by obtaining an understanding of the firm's practice, such as the industries of its clients and other factors of complexity in serving those clients, and the organization of the firm's personnel into practice units. Control risks were assessed by obtaining an understanding of the design of the firm's system of quality control, including its audit methodology, and monitoring procedures. Assessing control risk is the process of evaluating the effectiveness of the reviewed firm's system of quality control in preventing the performance of engagements that do not comply with professional standards. Performing the Review for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers Based on our assessment of the combined level of inherent and control risks, we identified practice units and selected engagements within those units to test for compliance with the firm's system of quality control. The engagements selected for review included engagements performed under the Government Auditing Standards, audits performed under FDICIA, multi - office audits, and audits of Employee Benefit Plans. The engagements selected for review represented a cross-section of the firm's accounting and auditing practice with emphasis on higher -risk engagements. The engagement reviews included examining working paper files and reports and interviewing engagement personnel. The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the firm's policies and procedures for the elements of quality control pertaining to independence, integrity, and objectivity; personnel management; and acceptance and continuance of clients and engagements. Prior to concluding the review, we reassessed the adequacy of scope and conducted a meeting with firm management to discuss our findings and recommendations. 'OKI) LIP To the Partners of McGladrey & Pullen, LLP and the Center for Public Company Audit Firms Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of McGladrey & Pullen, LLP (the Firm) applicable to non -SEC issuers in effect for the year ended April 30, 2007. The matters described below were not considered to be of sufficient significance to affect the opinion expressed in that report, which should be read in conjunction with this letter. Engagement Performance Comment — The firm has followed two different methodologies for supporting a low control risk assessment for certain relevant assertions for significant account balances. Substantially all audits in a niche industry practice are performed using one methodology, while the rest of the firm uses the methodology in the firm's commercial audit manual. The alternative niche practice allowed for lower testing requirements than the standard approach in the manual. The support for the alternative approach for sampling is not documented in the manual, however, no departures from generally accepted auditing standards were noted. Recommendation — We believe the alternative approach should be reconsidered. Any approved alternative methodology should be appropriately documented in the audit manual. November 30, 2007 Wells Fargo Center 1700 Lincoln Street, Suite 1400 Denver, CO 80203-4514 303 861-4545 Fax 303 832-5705 bkd.com Beyond Your Numbers Praxi t : MEMBER-' GLOBAL ALLIANCE OF INDEPENDENT FIRMS McGladrey&Pullen Certified Public Accountants November 30, 2007 Center for Public Company Audit Firms Peer Review Committee C/o American Institute of Certified Public Accountants Practice Monitoring Department 220 Leigh Farm Road Durham, NC 27707 Ladies and Gentlemen: This letter represents our response to the letter of comments issued in connection with our firm's peer review for the year ended April 30, 2007 and should be read in conjunction with that letter. Implementation of the actions set out in this letter will be monitored in connection with our annual inspection program. Prior to January 31, 2008, the Firm's National Office of Audit and Accounting will reconsider the methods used for testing key controls in this niche industry and either conform the methodology to the methodology specified in the commercial audit manual or document the basis for any approved alternative methodology in the respective industry manual. //laeetc, 4 4_,- McGladrey & Pullen, LLP is a member firm of RSM International, an affiliation of separate and independent legal entities. McGladrey& Pullen Certified Public Accountants McGladrey & Pulkn, LLP 7351 Office Park PI. Melbourne, Fl 32940-8229 0 321.75L6200 F 321.751.1385 www.mcgladrey.com September 5, 2008 Cape Canaveral City Council City Hall 105 Polk Avenue Cape Canaveral, FL 32920 Attention: Bennett Boucher, City Manager This letter is to make you aware of significant changes in the auditing profession that will impact how we perform the annual financial statement audit of the City of Cape Canaveral, Florida (the "City"). The American Institute of CPAs — the body that establishes standards for audits of nonpublic entities — passed a sweeping set of new standards that revise many fundamental auditing principles for audits of nonpublic entities. Though less in scope than the rules for public company audits, these new standards parallel many of the key themes of Sarbanes-Oxley, induding new requirements that auditors: • Obtain a more robust understanding about their clients' operations, their objectives and strategies, and their process for identifying and managing risks to achieving those objectives. • Gain a deeper understanding of their clients' intemal controls. • Perform a more rigorous assessment of risks of material misstatement of the financial statements, whether due to error or fraud, with clearly documented linkage of the risks of material misstatement to the audit work performed. • Perform substantive audit procedures for all significant accounts, transaction classes, and financial statement disclosures, regardless of the risk assessment for those items. • Perform more extensive procedures to evaluate intemal control design and operating effectiveness. • Perform more work in response to identified risks of material misstatement, especially for those identified risks deemed to be significant risks. The main objective of these new auditing standards is to strengthen and enhance the quality of the audit, an objective McGladrey & Pullen fully supports. We also believe these standards will benefit all stakeholders in the financial reporting process, especially those who rely on your financial statements in making decisions about the City. McGladrey & Pullen, LLP is a member firm of RSM International — an affiliation of separate and independent legal entities. City of Cape Canaveral, Florida September 5, 2008 Page 2 Because these new standards demand a higher level of performance, there will be mandatory changes to the way we perform audits commencing in fiscal year 2008, when the new standards go into effect for the City. The new standards require us to perform more extensive procedures than in the past with more involvement from the manager, director and partner level resulting in an additional time commitment from both your employees and our audit personnel. Our firm has devoted substantial intemal and external resources to redesigning our audit process, including software that will support our new process. We have devoted significant resources to training all of our audit personnel so they are able to perform audits as effectively and efficiently as possible. We have previously provided a copy of an article from Government Finance Review, authored by Stephen J. Gauthier, Director of GFOA's Technical Services Center. The article refers to an informal poll of a number of firms that perform audits of govemments that participate in GFOA's Certificate of Achievement for Excellence in Financial Reporting Program which found general agreement that costs for auditors are normally likely to increase 10% to 15% as a result of implementing these new standards. We believe our additional cost to comply with the new standards will likely exceed the 10 —15% range, as we will no longer be able to take advantage of many of the efficiencies that we developed over the years searing the City using a substantive approach to the financial audit. However, being empathetic to the budget challenges the City is currently dealing with due to tax reform; we are suggesting a 17% increase in our fees for fiscal year 2008 plus the customary cost of living adjustment (5.5% this year) for a total 2008 amount of $42,600. Summary of additional costs: o Independent Auditors Date: Due to the change of the report date, the auditor is expected to seek out new evidence up to the delivery of the report and this will result in the likelihood of performing additional procedures to stay current. o Understanding the Entity: The Auditor is now required to obtain a more robust understanding of the entity and the broader environment in which the entity operates. o Assessing Risks: The Auditor will need to explicitly assess and document the risk of material misstatement both 1) from the perspective of the financial statements as a whole and 2) from the perspective of each of the assertions applicable to various financial statement items. How this affects Cape Canaveral: o We will have increased audit and accounting review, partner and manager involvement in the preparation and review of audit documentation. o Our workpapers will require more robust documentation for all sections of control understanding for our files. o We are required to incorporate increased team meetings relating to brainstorming based on risk assessments that will include more involvement from the management team. City of Cape Canaveral, Florida September 5, 2008 Page 3 Efficiencies Planned for the 2008 Audit Year o Consistent McGladrey staffing from prior year financial statement audit o Standards force a larger bulk of work in the preliminary and planning stages of audit o Second year for Andrea's new team member and first year for the new accounting software; ability for more timely reviews of schedules and financial statement draft We are committed to working with the City to pave the way for a smooth transition to the new auditing standards. If you have any questions, please do not hesitate to contact us. Sincerely, Yvt3nne M. Claybo Director lag To the Partners of McGladrey & Pullen, LLP and the Center for Public Company Audit Firms Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of McGladrey & Pullen, LLP (the Firm) applicable to non -SEC issuers in effect for the year ended April 30, 2007. The Firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us, since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that portion of the Finn's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the Firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the Firm. Our responsibility is to express an opinion on the design of the system, and the Firm's compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Finns and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of McGladrey & Pullen, LLP in effect for the year ended April 30, 2007, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the Firm with reasonable assurance of complying with applicable professional standards. As is customary in a peer review, we have issued a letter under this date that sets forth comments relating to certain policies and procedures or compliance with them. The matters described in the letter were not considered to be of sufficient significance to affect the opinion expressed in this report. )'zJ11-G-� November 30, 2007 Well Fait* Cotter 1700 Uncoil Steel, Stile 1400 Dente C0802034514 303 8614545 Fax 309 832-5706 bkd.00m WON yew Numbers • Praxity MEMBER.• INDEPENDENTpFIRMS Attachment to the Peer Review Report of McGladrey & Pullen, LLP Description of the Peer Review Process Overview Firms enrolled in the AICPA Center for Public Company Audit Firms (the Center) Peer Review Program have their system of quality control periodically reviewed by independent peers. These reviews are system and compliance oriented with the objectives of evaluating the following: • Whether the reviewed firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. • Whether the reviewed firm's quality control policies and . ,, applicable to non -SEC issuers were being complied with to provide the firm with reasonable assurance of complying with professional standards. A peer review is based on selective tests and directed at assessing whether the design of and compliance with the firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers provides the firm with reasonable, not absolute, assurance of complying with professional standards. Consequently a pas review on the firm's system of quality control is not intended to, and does not, provide assurance with respect to any individual engagement conducted by the firm or that none of the financial statements audited by the firm should be restated. The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At regular meetings and through report evaluation task forces, the PRC considers each peer review, evaluates the reviewer's competence and performance, and examines every report, letter of comments, and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews working closely with the peer review teams and the PRC. Once the PRC accepts the peer review reports, letters of comments, and reviewed firms' responses, these documents are maintained in a file available to the public. In some situations, the public file also includes a signed undertaking by the firm agreeing to specific follow-up action requested by the PRC. Fume that perform audits or play a substantial role in the audit of one or more SEC issuers, as defined by the Public Company Accounting Oversight Board (PCAOB), are required to be registered with and have their accounting and auditing practice applicable to SEC issuers inspected by the PCAOB. Therefore, we did not review the firm's accounting and auditing practice applicable to SEC issuers. Planning the Review for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Issuers To plan the review of McGladrey & Pullen, LLP, we obtained an understanding of (1) the nature and extent of the firm's accounting and auditing practice, and (2) the design of the firm's system of quality control sufficient to assess the inherent and control risks implicit in its practice. Inherent risks were assessed by obtaining an understanding of the firm's practice, such as the industries of its clients and other factors of complexity in serving those clients, and the organization oldie firm's personnel into practice units. Control risks were assessed by obtaining an understanding of the design of the firm's system of quality control, including its audit methodology, and monitoring procedures. Assessing control risk is the process of evaluating the effectiveness of the reviewed firm's system of quality control in preventing the performance of engagements that do not comply with professional standards. Performing the Review for the Firm's Accounting and Auditing Practice Applicable to Non -SEC Iauers Based on our assessment of the combined level of inherent and control risks, we identified practice units and selected engagements within those units to test for compliance with the firm's system of quality control. The engagements selected for review included engagements performed under the Government Auditing Standards, audits performed under FDICIA, multi - office audits, and audits of Employee Benefit PIans. The engagements selected for review represented a cross-section of the firm's accounting and auditing practice with emphasis on higher -risk engagements. The engagement reviews included examining working paper files and reports and interviewing engagement personnel. The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the firm's policies and procedures for the dements of quality control pertaining to independence, integrity, and objectivity; personnel management; and acceptance and continuance of clients and engagements. Prior to concluding the review, we reassessed the adequacy of scope and conducted a meeting with firm management to discuss our findings and recommendations. To the Partners of McGladrey & Pullen, LLP and the Center for Public Company Audit Firms Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of McGladrey & Pullen, LLP (the Firm) applicable to non -SEC issuers in effect for the year ended April 30, 2007. The matters described below were not considered to be of sufficient significance to affect the opinion expressed in that report, which should be read in conjunction with this letter. Engagement Performance Comment — The firm has followed two different methodologies for supporting a low control risk assessment for certain relevant assertions for significant account balances. Substantially all audits in a niche industry practice are performed using one methodology, while the rest of the firm uses the methodology in the firm's commercial audit manual. The alternative niche practice allowed for lower testing requirements than the standard approach in the manual. The support for the alternative approach for sampling is not documented in the manual, however, no departures from generally accepted auditing standards were noted. Recommendation — We believe the alternative approach should be reconsidered. Any approved alternative methodology should be appropriately documented in the audit manual. aeb November 30, 2007 blcd oom We Fargo Cartier 1700 Uncoln Street, Stile 1400 Deriver, CO 80203.4514 303 861-4545 Fax 303 832.5705 Weal! soar Numbers Praxity MEMBER =' IINDEPENDENTNFIRMS McGladrey & Pullen Certified Public Accountants November 30, 2007 Center for Public Company Audit Firms Peer Review Committee C/o American Institute of Certified Public Accountants Practice Monitoring Department 220 Leigh Farm Road Durham, NC 27707 Ladies and Gentlemen: This letter represents our response to the letter of comments issued in connection with our firm's peer review for the year ended April 30, 2007 and should be read in conjunction with that letter. Implementation of the actions set out in this letter will be monitored in connection with our annual inspection program. Prior to January 31, 2008, the Firm's National Office of Audit and Accounting will reconsider the methods used for testing key controls in this niche industry and either conform the methodology to the methodology specified in the commercial audit manual or document the basis for any approved alternative methodology in the respective industry manual. ikeleatay/Ateeesc, ze.„.... McG{adrey 8 Pulen, LLP is a member firth of RSM International, an affiliation of separate and independent legal snake. In December 2005, the Auditing Standards Board (ASB) of the American Institute of Certified Public Accountants issued Statement on Auditing Standards (SAS) No. 103, Audit Documentation. Two months later, in February 2006, the ASB released a set of eight pronouncements (SAS Nos. 104- 111) dealing with various aspects of the assessment of risk in a financial statement audit that are commonly referred to as the "risk -assessment suite." May of that same year saw the release of SAS No.112, Communicating Internal Control Related Matters Identified in an Audit. Normally, the issuance of new auditing standards is largely, if not exclusively of concern to audit professionals. These 10 pronouncements, however, should be of interest to a much broader audience because of their potential impact on those being audited.This article will explore SAS Nos.103-112 uniquely from this latter perspective. A NEW DATE FOR THE AUDITOR'S REPORT AND ITS PRACTICAL IMPLICATIONS (SAS NO. 103) Rom the vantage point of those being audited, the most relevant feature of SAS No. 103 is undoubtedly the change in the date of the independent auditor's report. The date of the auditor's report is impor- tant because it can affect the amount of audit work that must be performed. Prior to the report date, the auditor is responsible for actively seeking out all informa- tion relevant to the fair presentation of the financial state- ments. After that date, the auditor need only be alert to newly available information. that management has asserted that it has taken responsi- bility for them. This wilt ordinarily result in a report date that is close to the date the auditor grants the entity per- mission to use the auditor's report in connection with the financial statements (report release date). Simply put, the independent auditor's report henceforth normally will bear the date it is delivered to the entity under audit. Since auditors are responsible for actively seeking out new audit evidence that may become available prior to that time, delays in completing the final stages of the audit will increase the likelihood that the auditor will need to perform additional procedures to stay current, which could increase audit fees. Therefore, it is more important than ever for governments to do everything in their power to facilitate the timely completion of the audit.' SAS 103 took effect starting with fiscal years that ended December 31, 2006. The clear trend in recent years has been for independ- ent auditors to take a more "risk -oriented" approach to performing the financial state- ment audit. Prior to SAS No. 103, the independent auditor's report was dated as of the completion of field work, which, in practice, might precede the actual release of the report by several weeks (if not months). In contrast, the new standard directs the auditor to refrain from dating the report until the audit is substantially complete: The auditor's report should not be dated earlier than the date on which the auditor has obtained sufficient appropriate audit evidence to support the opinion. Among other things, sufficient appropriate audit evi- dence includes evidence that the audit documentation has been reviewed and that the entity's financial state- ments, including disclosures, have been prepared and A NEW APPROACH TO RISK ASSESSMENT AND ITS PRACTICAL IMPLICATIONS (SAS NOS. 104-111) The clear trend in recent years has been for independent auditors to take a more "risk -oriented" approach to perform- ing the financial statement audit. SAS Nos.104-111 now man- date that approach. To understand the implications of the new standards, some brief background information on audit theory may be helpful. Financial statements are essentially representations by management conceming an entity's finances (e.g., the entity had $X cash as of the close of the period; revenue of the peri- od amounted to $Y, debt service principal payments in each of the next five years will be $Z). Each such representation involves a number of implied assertions. For example, if gov- ernment ovemment reports $X dollars of equipment on its statement of net assets, it effectively is asserting that 1) the equipment real- ly is there (Le., existence), 2) the government actually owns it (Le., rights and obligations), 3) the amount reported includes all of the government's equipment (i.e., completeness), and 4) the dollar amount reported for the equipment is correct (i.e., valuation and allocation). Similar implied assertions have been identified for transactions and events reported in a state - June 20071 Government Finance Review 41 ment of changes and for data disclosed in the notes to the financial statements. The role of the independent auditor is to provide potential users of the financial statements with reasonable assurance that those statements can be relied upon as a basis for deci- sion making. Note that the auditor's goal is not to ensure that each individual item reported is 100 percent accurate, but rather that that financial statements are free from misstate- ments that are so material (i.e., significant) that they could lead a financial statement reader to make a different decision or reach a different conclusion than if the misstatement had not been present.The financial statement audit is the process whereby the independent auditor obtains the evidence nec- essary to support an opinion whether the financial statements are, in fact, free of such material misstatements. Some audit procedures are designed to provide direct evi- dence for financial statement assertions (i.e.,substantive pro- cedures). For example, an auditor will contact the bank to confirm the balance in an entity'sbank account at the end of the fiscal period. Other audit work is designed to produce evi- dence v -dence that is more indirect, focusing on the reliability of the sys- tems and procedures used to produce data rather than on the reliability of specific data elements (i.e., tests of controls). For instance, auditors ordinarily will test compliance with the var- ious procedures used to process purchases. There is, of course, no completely adequate substitute for direct evi- dence; therefore, while tests of controls can limit the extent of substantive procedures, they can never replace them. 42 Government Finance Rev ew 1 June 2007 Auditing standards have long required auditors to obtain an understanding of an entity's internal control as part of the audit planning process. Until now, this requirement common- ly has been understood as being primarily aimed at justifying an eventual decision by the auditor to rely upon tests of con- trols to limit the extent of substantive procedures. Consequently, auditors who did not intend, for one reason or another, to rely upon tests of controls to limit the extent of sub- stantive testing (e.g., anticipated unreliability of those con- trols, expedience) considered themselves free to reduce efforts at gaining an understanding of intemal control to a bare minimum. The new risk -assessment suite of auditing standards funda- mentally undamentally alters how auditors henceforth are to view the requirement that they gain an understanding of an entity's internal control. First, the new standards substantially broad- en the requirement from "gaining an understanding of inter- nal control" to "gaining an understanding of the entity and its environment, including its internal control" Second, the risk- assessment iskassessment suite standards take the position that it simply is not possible for an auditor meaningfully to assess the risk of material misstatement for a given set of financial statements without the benefit of this broader, environmental perspec- tive. That is, gaining an understanding of the entity's environ- ment, including its internal control, is no longer seen primari- ly as a matter of efficiency (i.e., a practical way to potentially limit the extent of substantive procedures) but as one of effec- tiveness. Indeed, the new standards go a step further and actu- ally classify the process of gaining an understanding of the entity and its environment, including its internal control, as a substantive procedure in its own right for which there is never an adequate substitute. The key practical effects of this change are as follows: ■ Auditors will now have to document not just an entity's internal control, but the broader environment in which the entity operates; • The intent not to rely upon tests of controls to limit the extent of substantive tests will not eliminate the need to gain a solid understanding of the entity and its environ- ment, including internal control; and • Because every entity's environment will be different, it is unlikely that auditors would be able to justify relying exclusively on standardized audit programs. The new risk -assessment auditing standards also impose substantial new procedural and documentation require- ments. As explained earlier, the independent auditor's objec- tive is to provide reasonable assurance that the financial state- ments are free of material misstatements. In the past, auditors enjoyed considerable flexibility in how they arrived at this conclusion and documented it in their working papers. From now on, the auditor will need to explicitly assess and docu- ment the risk of material misstatement both 1) from the per- spective of the financial statements as a whole and 2) from the perspective of each of the assertions applicable to various financial statement items. All auditors, including those who have already adopted a more risk -oriented approach, are likely to incur substantial additional costs to comply with the new requirements, espe- cially regarding documentation.An informal poll of a number of firms that perform audits of governments that participate in GFOAs Certificate of Achievement for Excellence in Financial Reporting Program found general agreement that costs for auditors are normally likely to increase by 10 to 15 percent. Therefore governments should be prepared to face increased audit costs in the near future. At the same time, they should exercise professional skepticism at proposed increases sub- stantially in excess of the range just mentioned. SAS Nos. 104-111 will take effect starting with fiscal years that end December 31, 2007. A NEW APPROACH TO REPORTING DEFICIENCIES AND ITS PRACTICAL IMPLICATIONS (SAS 112) At first glance, SAS No. 112, Communicating Internal Control Related Matters Identified in an Audit, appears to do little more than change some of the language used to describe deficien- cies uncovered in the course of an audit to conform to the ter- minology set for private -sector companies by the Public Company Accounting Oversight Board established by the Sarbanes-Oxley Act. However, from the point of view of enti- ties being audited, the most significant change is the specific identification of some commonly encountered situations as constituting, at a minimum, significant deficiencies that must be reported. Examples include the following: • Ineffective oversight of internal control • An ineffective control environment • Restatement of a previously issued financial statement to correct an error • Discovery by the auditor of a material misstatement not identified by internal control Especially of concern is one particular situation described as likely constituting a deficiency that needs to be reported in an appendix to SAS No. 112: Employees or management who lack the qualifica- tions and training to fulfill their assigned functions. For example, in an entity that prepares financial statements in accordance with generally accepted accounting principles, June 20071 Government Fiance Review 43 the person responsible for the accounting and reporting !unction lacks the skills and knowledge to apply generally accepted accounting principles in recording the entity's financial transactions or preparing its financial statements [emphasis added] It is quite common, of course, for smaller governments to rely upon their independent auditors to take the amounts reported in the trial balance and format them into formal financial statements, as well as to prepare the notes to the financial statements. Under SAS No. 112, this practice would constitute a deficiency that needs to be reported if the audi- tor performs those actions out of necessity (i.e., management is incapable of preparing financial statements, including notes, in accordance with generally accepted accounting principles) rather than as a matter of convenience to the client.' In preparing for the impact of SAS No. 112, governments should consider two things. First, is the government's frame- work of internal control adequate and appropriately docu- mented? Second, is the government's staff capable of prepar- ing financial statements in conformity with generally accept- ed accounting principles, even if they do not actually do so? SAS 112 is effective for audits of financial statements for periods ending on or after December 15, 2006.1 Notes 1.Although management's discussion and analysis (MD&A) is not audited, the independent auditor is still required to perform certain limited proce- dures in regard to MD&A. Since the wording of the independent auditor's report depends upon the results of those procedures, a delay in complet- ing MD&A could delay the issuance of that report.Auditors have com- plained that MD&A often is one of the last things they receive from their clients. 2.The problem, technically speaking, Is that the independent auditors can- not be part of the audited entity's system of internal control (or they would cease to be independent).This problem could be averted, of course, by hiring a second accounting firm to prepare the financial state- ments (since internal control procedures can be outsourced).Still,there is no guarantee that deficiencies might not occur all the same, nor is there any assurance that the benefits of hiring a second firm might not outweigh the costs.The GFOA has taken no position on the matter. STEPHEN J. GAUTHIER is director of the GFOA's Technical Services Center !' fl I Unrivaled expertise. When the United Nations Procurement Service needed to assess the results of a five-year plan to implement procurement reform, it turned to NIGP's Professional Consulting Services for the insight and guidance it needed to properly measure its achievements and identify areas requiring fresh or continued attention. NIGP is the National Institute of Governmental Purchasing. For over 60 years, NIGP has dedicated its resources to the development and support ofpublic procurement agencies and the professionals who serve them. Whether your agency seeks accreditation, process improvement, benchmarking services, or management assessment, NIGP provides the public sector with unrivaled professional resources for procurement -related business issues. For more details about NIGP's Professional Consulting Services and how to achieve your procurement agency's development goals, contact us at 800-367-6447 x246. Meeting Type: Regular Meeting Date: 10-07-08 SUBJECT: DEPT./ DIVISION: AGENDA Heading Considerations Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL 11 CONSIDERATION: PARKS AND RECREATION SCHEDULE OF FEES PARKS AND RECREATION Requested Action: City Council to consider the approval of increasing the Parks and Recreation fee schedule as recommended by the Recreation Advisory Board. Summary Explanation & Background: This was discussed at the Budget Workshop Meetings and the Recreation Advisory Board unanimously recommended that the City Council adopt the attached fee schedule. The last rate increase was October 1, 2002. I recommend approval. Exhibits Attached: Parks and Recreation Director's Memo/Fee Schedule City Mana ' - : Offi Department PARKS AND RECREATION /_ Parks & Recreation Department Memo To Bennett Boucher, City Manager Frans Robert Lefever, Parks & Recreation Director`-- CC: Mayor Randels & City Council Members Dam September 24, 2008 Rae Recreation Fee Increases Bennett, The Recreation Department, along with a unanimous vote from the Recreation Advisory Board, is seeking a rate increase across the board for all the court usage fees and rental fees for the Recreation Complex Assembly Room and Manatee Sanctuary Park. The last rate increase was October 1, 2002. I have included the current rates for Cocoa Beach and Kiwanis Island Recreation Departments. 1 have also included our current rates along with the proposed increases. 1 RECREATION COMPLEX REVENUES ACTIVITY HALF DAY FULL DAY HALF DAY WITH KITCHEN FULL DAY WITH KITCHEN 2007 ANNUAL RENTAL REVENUES PROJECTED ANNUAL REVENUES ANNUAL REVENUE PROFIT ACTIVITY PARTIES, MEETINGS, CLASSES, ETC. 1 Hour Minimum 2007 MONTHLY RENTAL REVENUES PROJECTED MONTHLY REVENUES ANNUAL REVENUE PROFIT ACTIVITY TENNIS RACQUETBALL SHUFFLEBOARD 2007 MONTHLY RENTAL REVENUES PROJECTED MONTHLY REVENUES ANNUAL REVENUE PROFIT CURRENT FEE STRUCTURE PRIVATE NON-PROFIT GROUP $ 50.00 75.00 25.00 50.00 $ 637.50 $ 1,800.00 $ 1,162.50 CURRENT FEE PRIVATE GROUP $ 15.00 $ 221.25 $ 295.00 $ 885.00 GROUP $ 25.00 50.00 25.00 37.50 PROPOSED FEE INCREASE PRIVATE NON-PROFIT GROUP $ 100.00 150.00 50.00 75.00 GROUP $ 50.00 100.00 37.50 50.00 PROJECTED REVENUES BASED ON AVERAGE RENTAL OF 18 TIMES PER YEAR - HALF DAY WITHOUT KITCHEN STRUCTURE NON-PROFIT GROUP NO CHARGE PROPOSED FEE INCREASE PRIVATE NON-PROFIT GROUP GROUP $ 20.00 $ 15.00 CAPE CANAVERAL BASED NON- PROFIT USE AT NO CHARGE PROJECTED REVENUES BASED ON AVERAGE RENTAL OF 14.75 TIMES PER MONTH - PRIVATE GROUP) CURRENT FEE STRUCTURE NON -PRIME TIME $ 1.50 $ 1.00 2.00 1.25 1.50 1.25 PRIME TIME PROPOSED FEE INCREASE NON -PRIME TIME 3.00 $ 2.00 3.00 2.00 3.00 2 00 PRIME TIME PROJECTED REVENUE BASED ON PRIME TIME RATES FOR 372 HOURS 744.00 $2.00 PER HOUR) PROJECTED REVENUE BASED ON PRIME TIME RATES FOR 372 HOURS @ $ 1,116.00 $3.00 PER HOUR) $ 4,464.00 ACTIVITY TENNIS RACQUETBALL SHUFFLE BOARD CARDS ACTIVITY TENNIS RACQUETBALL ACTIVITY CITY SPONSORED PRIVATELY SPONSORED CURRENT FEE STRUCTURE NON -PRIME TIME $ 25.00 31.50 N/A PRIME TIME $ 37.50 50.00 23.00 CURRENT FEE STRUCTURE PRIME TIME NON -PRIME TIME $ 4.50 $ 3.00 6.00 3.75 CURRENT FEE STRUCTURE NON -PRIME TIME N/A N/A PRIME TIME $ 2.50 4.00 PROPOSED FEE INCREASE PRIME TIME NON -PRIME TIME $ 60 00 $ 40.00 60.00 40.00 30.00 N/A PROPOSED FEE INCREASE NON -PRIME TIME 6 00 6.00 PRIME TIME $ 9.00 9.00 PROPOSED FEE INCREASE NON -PRIME TIME N/A N/A PRIME TIME $ 3 50 5.00 KIWANIS ISLAND Tennis & Racquetball: $3.00 per court per hour $4.00 for lights Facility Rentals: Gymnasium $40.00 $30.00 non-profit Cheri Down Park $20.00 $15.00 non-profit COCOA BEACH Tennis: Hard Courts $3.00 resident $4.00 non resident Fees are Facility Rentals: Gymnasium $60.00 $30.00 non-profit West Room $20.00 $10.00 non-profit Pool Pavilion $53.00 Half Day $106.00 Full Day Clay Courts $7.00 resident $8.00 non resident per person per hour Meeting Type: Regular Meeting Date: 10-07-08 Heading Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Considerations 12 SUBJECT: CONSIDERATION: AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 673 (AFL-CIO) DEPT./ DIVISION: ADMINISTRATION / HUMAN RESOURCES — CITY CLERK Requested Action: City Council to consider approval of Amendments to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 673 AFL — CIO. Summary Explanation & Background: Amendments aareed upon; Article 16.1 Wages — 4.15% Cost of Living Increase Effective 10-01-08. Article 19.2 (new) - agree to participate in Healthy Lifestyles Program with health insurance provider. Amendment at Impasse: Article 9.4 Uniforms — dealt with the covering of Visible Tattoos and Removal of Body Piercing during working hours. See attached memo for a detailed explanation. City Council can address the Impasse Item. Exhibits Attached: CITY CLERK/HR MEMO & SUPPORTING DOCUMENTS City Manager's Office Department ADMINISTRATION / HUMAN RESOURCES — CITY CLERK 105 Polk Avenue, Cape Canaveral, FL 32920 P.O. Box 326 321-868-1220/1221 321-868-1248 Memorandum To: Honorable Mayor and City Council Members From: Susan Stills, CMC, City CIecrli C: Bennett Boucher, City Manager Date: September 30, 2008 Re: Union Negotiations City Clerk/ Human Resources Office In summary, Larry Jordan, Union Business Agent, Kenneth Veenstra, Union Steward, Bennett Boucher, City Manager, and Susan Stills, City Clerk/ HR Services Coordinator met on the following dates: August 11th, September 11th, and September 29th and discuss issues and finally execute the Sign -Off Agreements as Amendments to the Union Contract. Each party was allowed three issues for the purposes of discussion at the August 11th meeting. The issues were presented as follows: Union • Two (2) Additional Vacation Days, (Declined by Management) • Scheduling to Accommodate a four (4) day work week, (Considered by Management) • Cost -of -Living increase (Accepted by Union on September 29th). Management • Voluntary enrollment in the Health First Health Plans Healthy Lifestyle Rebate Program, (Accepted by Union on September on September 29th) • Additional Dress Code requirement — covering of visible tattoos and removal of body piercing, (Declined by Union on September 29th) • Proposed 4.15% percent Cost -of -Living increase subject to City Council Approval. (Approved on September 22nd as part of the Annual Budget) The Healthy Lifestyle Rebate Program includes all Union and Non -Union employees who are eligible for Health care coverage. The Program will provide monetary rebates of up to three (3) percent of the City's Health care premium based on a point system equal to an employee's overall health for a (1) year period and affected by the number of employees enrolled. This benefits both the employee and the City since the employee's aim of good health would pay a portion of the City's Health care cost. The additional Dress Code requirement which is included in the new Employee Handbook was declined by the Union based on litigation at the County level with its Law Enforcement Agency. The Union would be agreeable to this provision applying to new hires only. However, City Council has the authority to override their decision of Impasse and establish this requirement for all Union employees. 1 Cape Canaveral 2008 Contract Negotiations Sign Off Agreement ARTICLE IX UNIFORMS 9.4 All employees shall conform to the dress code established by the Department Head and the City Manager. However. no employee may wear any clothing of any kind that contains any language or imaae that could be deemed offensive based upon a person's race, religion, national origin, ethnicity, age, gender, marital status, pregnancy, disability veteran status, and/or any other characteristic protected by law. Further no employee may wear any clothing that advertises any alcoholic beverage that references use of illegal drugs, or that Gives any other impression that casts the City in a negative light. Tank tops. tube tops. halter tops. or low-cut tops are not permitted under any circumstances. Shorts or skirts that end more than one -inch above the knee are not permitted. Footwear must be closed toed and must provide safety against workplace hazards. No employees may work with any tattoos visible. No piercinas other than ear piercinas, are permitted to be visible while at work. Employees are limited to two ear piercinas per ear while at work. Unusually colored hair or extreme hairstyles are not permitted. All employees shall be required to maintain personal hygiene so as not to be offensive or distracting per persons of ordinary sensibilities. Employees violating this policy are subiect to disciplinary action up to and including termination of employment. We 4 tzli eT a n/ r v` 2 y k/G r3 v 7 T-4 -r-too 'S 6: Al 17 t 1./G J?, G-AT/c4( Cape Canaveral 2008 Contract Negotiations Sign Off Agreement UNIFORMS - 9.4 Accepted Local 673 AFL-CIO Union ' . -senta ..1.1I. ALAd enneth Veenstra, Union Steward ARTICLE IX Impasse City of cap9 Canaveral Florida City Mana ce- Susan Stills, City Clerk/ HR Director Cape Canaveral 2008 Contract Negotiations Sign Off Agreement ARTICLE XVI WAGES 16.1 Employees' wages shall be determined as set forth in the Pay and Classification Plan for fiscal year 2008/2009, attached to this agreement as Exhibit One. Effective October 1, 2008, the employees will receive a 4.15% increase for their classification as a Cost of Living Adjustment (COLA). Exhibit One shall be amended such that the bottom and top of each grade's salary range will be adjusted equal to the COLA. Employees will be paid bi-weekly. Accepted -V Local 673 AFL -CI • City of Ca Canaye)ral, Florida Impasse ace City Manager Susan S ills, City Clerk/ HR Director Cape Canaveral 2008 Contract Negotiations Sign Off Agreement ARTICLE XIX 19.2 Eligible employee shall aaree to participate in a City sponsored Healthy Lifestyles Program with the Group Health Insurance Carrier— Health First Health Plans. Accepted Local 673 AFL-CIO Impasse City of Cape never Florida Lar 0 74d dA enneth Veenstra, Union Steward , City Man Susan Stills, City C� lerk/ HR Director This Agreement shall be effective October 1, 2008. and shall remain in force until expiration date of September 30. 2010. CITY OF CAPE CANAVERAL, FLORIDA INTERNATIONAL UNION OF OPERATING ENGINEERS (AFL-CIO) LOCAL 673 BY: __- % :• er, City Manager r _ Susan • tills, City Clerk/Human Resource Director Attest: Mia Goforth, Admi strative Assistant Notary Public BY: Larry usiness Agent enneth Veenstra, Union Steward Signed this o2 of day of September 2008 by the City. Signed this 0/.f day of September 2008 by the Union. HEALTHY LIFESTYLE REBATE AMENDMENT The following program is amended to this Group Health Maintenance Contract, subject to all the terms and conditions stated herein, and subject to all the terms and conditions set forth in this Amendment. The effective date of this Amendment coincides with the Group's Effective Date set forth on the Group Plan Information Page. The Healthy Lifestyle Rebate program offers Small Group's the opportunity to receive a maximum potential premium rebate of 3% if specific lifestyle indicators are maintained or improved as outlined. The lifestyle indicators tracked in this program are weight, body mass index (BMI), and smoking status. In order to participate in the rebate program, employees enrolled on the Group's initial effective date will need b consult with a network Primary Care Physician to document their height, weight and smoking status. This consultation is required to occur within the first 90 days of initial enrollment and any copayment associated with this visit will be waived. Employees completing the assessment during the required time frame are referred to as Program Participants. At least 51% of the enrolled employees must become Program Participants in order for the Employer to be eligible to continue participation in the rebate program. Program Participants still actively employed and insured thirty (30) days prior to the Group's first anniversary date, will be required to submit to an additional PCP consultation (copayment is waived) where height, weight and smoking status will be re -documented prior to the Group's Anniversary Date. The network PCP's will then forward this data to the Health Plan for evaluation against the criteria outlined below. Program Participants will be stratified into the following six (6) risk categories: Initial Status Not Obese, Non-smoker Not Obese, Smoker Obese, Non-smoker Obese, Smoker Obese, Smoker Obese, Smoker Morbildy Obese, Non -Smoker Morbidly Obese, Smoker Morbidly Obese, Smoker Morbidly Obese, Smoker Opportunity/Outcome Maintains Status Switches to Non-smoker Switches to Not Obese Switches to Not Obese Switches to Non Smoker Switches to Not Obese and Non -Smoker Switches to Obese or better Switches to Obese or better Switches to Non -Smoker Switches to Obese or better and Non - Smoker Points Earned 1.0 1.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 2.0 Not Obese, Obese and Morbidly Obese will be defined utilizing generally accepted medical standards as referenced and published by the National Institutes of Health. Accordingly Program Participants with a BMI of less than 30 will be categorized as Not Obese, those with a BMI between 30 and 40 will be categorized as Obese, and those with BMI's over 40 will be categorized as Morbidly Obese. Program Participants meeting the indicated Opportunity/Outcome results listed in the table will be credited with points as outlined. Those failing to meet the Opportunity/Outcome results will not receive any credit. The Health Plan will then total the points earned for each Program Participant completing both consultations. These points will be divided by the average number of employees enrolled in the Group's plan during the Calendar Year. Example: ABC Company Initial effective date — 10 employees enrolled 90 Days from effective date — 8 employees submit to PCP consultations Average Number of Employees Enrolled During the Calendar Year - 10 30 Days Prior to Group Anniversary Date: 6 of the original 8 are still enrolled in the plan 4 of the 6 submit to re -documentation and earn 1 point each Group credited with 4 points 4 points divided by 10 (Average EE Enrollment) = .40% Group earns 1.2% premium rebate (.40"3%) Health First Health Plans will issue a rebate check to the Employer within 60 days of the Group's Anniversary Date or their termination date if earlier so long as all program requirements outlined above have been met. The rebate amount is the percentage of premium earned in the program multiplied by the Group's calendar year earned premium. If the Group renews and wishes to continue participation in the program 51% of employees effective upon the anniversary date will need to submit to initial PCP consultations. Ongoing Program Participants will only be required to submit to one annual re -certification versus the two certifications required for initial Program Participants. All other terms outlined herein will apply in subsequent years. To assist Program Participants with maintaining or improving their health status as measured by the lifestyle indicators, Health First Health Plans offers a discounted gym membership at Pro Health and Fitness Centers. The gym's initial enrollment fee is waived for Program Participants enrolling within the first 60 days of their initial effective date and the monthly membership fee is discounted from the prevailing fee. Health First Health Plans Health First NAME: DATE: HEALTHY LIFESTYLE REBATE CONTRACT GENDER: COMPANY: AGE: HFHP ID # INITIAL CONSULTATION DOCUMENTATION MUST BE SUBMITTED WITHIN 90 DAYS OF EFFECTIVE DATE TO QUALIFY FOR YEAR . NO EXCEPTIONS. I am the primary holder of the Health First Medical Insurance in the year the lifestyle rebate becomes effective. Patient's Initial: To be completed and signed by Primary Care Physician: Print PCP's Name: Weight BMI Smoker Non -Smoker Comments: Primary Care Physician's Signature Date ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ FOLLOW-UP DOCUMENTATION MUST BE SUBMITTED WITHIN 30 DAYS PRIOR TO GROUP'S ANNIVERSARY DATE. To be completed and signed by Primary Care Physician: Print PCP's Name: Weight BMI Smoker Non -Smoker Comments: Health First Health Plans First NAME: DATE: Primary Care Physician's Signature Date HEALTHY LIFESTYLE REBATE CONTRACT GENDER: COMPANY: AGE: HFHP ID # INITIAL CONSULTATION DOCUMENTATION MUST BE SUBMITTED WITHIN 90 DAYS OF EFFECTIVE DATE TO QUALIFY FOR YEAR . NO EXCEPTIONS. I am the primary holder of the Health First Medical Insurance in the year the lifestyle rebate becomes effective. Patient's Initial: To be completed and signed by Primary Care Physician: Print PCP's Name: Weight BMI Smoker Non -Smoker Comments: Primary Care Physician's Signature Date ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ FOLLOW-UP DOCUMENTATION MUST BE SUBMITTED WITHIN 30 DAYS PRIOR TO GROUP'S ANNIVERSARY DATE. To be completed and signed by Primary Care Physician: Print PCP's Name: Weight BMI Smoker Non -Smoker Comments: Primary Care Physician's Signature Date Meeting Type: Regular Meeting Date: 10-07-08 SUBJECT: DEPT./ DIVISION: Heading Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL CONSIDERATION: 2009 LEGISLATIVE PRIORITIES LEGISLATIVE AGENDA Considerations 13 Requested Action: City Council has been requested by the Space Coast League of Cities to submit the City of Cape Canaveral's top legislative priorities for 2009. Summary Explanation & Background: Attached are last year's Legislative Priorities, what was submitted by the Space Coast League of Cities, the Florida League of Cities Resolutions and our Letter to State Senator Mike Haridopolos. Please advise. Exhibits Attached: as mentioned above Department LEGISLATIVE SPACE COAST LEAGUE OF CITIES l AIT, t AN A41',kAl 1,O( (),1 '(!('OAM A( 11 (JtAN I 1 A1.KAKIA INDIA! ANTI(' INDIAN 11A1(11O111( I1h.A(:11 MAI.AHAk MLLHOURNP MLI 110E NNP Ifl 1('1( h11,1.13O1 KNI I AI.1 I'AI M IIA1' 1'AI M 11101(11 k0k9111 Ind 1A'I111111 ill Al 11 1(1'111VII 1.1 W1•ST Mlil 1141 Kh1 "CITIES OF BREVARD WORKING TOGETHER" September 19, 2008 TO: All Municipal Managers Town Administrator, Malabar Melbourne Village Clerk FROM: Mayor Caro] McCormack 'hair, ShC Legislative Priorities Committee Please send the top three priorities from your municipality for consideration in the 2009 Space Coast League of Cities Legislative Priorities to be presented to the Brevard Delegation between December 16 and 18, 2008. The municipal priorities will be tabulated and presented as the top three priorities for the League. Please E-mail, no later than October 10, to: townofpalmshores@aol.com If you have any questions, please call Nancy Glass at 636-9916_ Thank you. Sl1.u:r ('ua<I I.eapu,•.11 ()t1ts O I(fl) Huntington Lanc O kocklcdgc. FL 32955 ❑ FAX (321) 6360193 O kkphunc 1321) 63(p 4Olh TO 'd £6T£-9£9 LOb an6Qa1 1i-s>eo0 a�edS dLT:90 90-6T-daS CITY COUNCIL REGULAR MEETING Page 1 of 1 9. Motion to Approve: The 2008 Legislative Priorities List for the Space Coast League of Cities. Mayor Pro Tem Hoog reported that the Board on which he served discussed Home Rule, Fireworks Discharge, Transportation Funding, Electronic Traffic Enforcement, the Florida Department of Transportation and the Certificates of Public Necessity with the goal of selecting the top three items. However, the list in question would come from each municipality specifically. Mr. Petsos expressed that he would like to continue beach re -nourishment. Ms. Roberts pointed out that the City has gone on record requesting that the Florida Department of Environmental Protection hear from the municipalities prior to taking action that would impact a community. Ms. Roberts brought up property tax relief for second homeowners. Mayor Randels replied that property tax relief was under discussion with the State legislature. Mr. Boucher pointed out how Annexation was laid aside due to property tax reform. Mayor Pro Tem Hoog related how the inner communities appeared to not support the firework prohibition like the coastal communities. Mr. Ray Osborne asked if sustainable communities were a priority and he asked if Cape Canaveral would take the lead. Ms. Roberts pointed out that Cape Canaveral is a "Tree" city and could move toward becoming a "Green" city. Mr. Petsos stated his favor with electronic enforcement if it covered the cameras at traffic signals in light of the corner of North Atlantic Avenue and State Road AIA. Mr. Nicholas brought up offshore sewage dumping. Mr. Petsos stated that a bill exists for that item. City Manager would submit the Priority List based on Council's discussion: 1) Municipal Home Rule 2) Beach Re -nourishment 3) Use of Cameras at Signaled Intersection for Speeders 4) Firework's Use Regulations 5) Transportation Improvement Funding 6) Certificate of Public Necessity No Other Action was Taken on This Item. http://www.myflorida.com/cape/Minutes/2007/10-16-07.htm 9/30/2008 August 26, 2008 The Honorable Mike Haridopolos Florida Senator, District 26 1360 Sarno Road Suite C Melbourne, FL 32935 City of Cape Canaveral RE: UNFUNDED MANDATES Honorable Senator Haridopolos: On behalf of the Mayor and City Council, please consider the following two unfunded State mandate issues as you prepare for the upcoming legislative session. Issue Number One — Department of Environmental Protection, Domestic Wastewater Treatment Facility Administrative Order #06-2162: The City was issued this Administrative Order and has spent over $50,000 in engineering consulting and permitting requirements. If the City is unsuccessful, it will cost millions in capital facilities to achieve compliance. Recommendation: The State legislature provide capital facilities funding for those domestic wastewater treatment facilities that are under an Administrative Order. Issue Number Two — Department of Community Affairs, Division of Community Planning — Comprehensive Planning: The City is currently 93% built -out, and we have spent over $200,000 for the preparation and submittal of the required Comprehensive Plan Evaluation and Appraisal Report. The existing statewide, one size fits all growth management legislation, is a time consuming financial burden for built -out communities. Recommendation: Reform growth management legislation to remove built -out communities from this process and transition these communities to a redevelopment planning process. The Mayor and City Council respectfully request that you and the honorable members of the State legislature consider these two issues as almost all governments are experiencing flat and 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com declining revenues. We all need to work together to lessen the financial burden on the constituents which we serve. Sincerely, y Manager BB:kmm Enc. (Administrative Order) cc: Honorable Mayor and Members of the City Council fear' uo Lid iii /a '-rice fro t •d MEMORANDUM TO: Brevard County Legisistive Delegation FROM Donnie Price, President Space Coast League of Cities SUBJECT: Space Coaat League of Cities Legislative Priorities DATE: February 24. 2008 3217260823 p 8ACKGR9UND: The Spans Coast League of Cities indudes an Brevard County municipalities. Each of the municipalities was asked to submit its legislative priorities for the 2008 Legislative Session. Most of the municipalities submitted their priorities to be reviewed by the League's Legislative Committee. The individual prioriidas that were submitted by individual municipalities were reviewed by the League's Legislative Committee And presented to the League membership for presentation to the Legislative Delegation. With the help of our General Counsel, Paul ©ougelrnan, we have prepared this background paper. The priorities are in order of Importance. Some of these prods were presented to trou last year and are being proposed again because of their importance. PRtOJJJ.ES: ?fixity #1 —Home Rule Rkeitsield Authority; County Chahar s: The Space Coast League of Cities believes that the snivel of charter govrlrnment for counties fostered by Article VIII, Section 1.(g) of the Florida Constitution of 1968,' is basically a good system. All municipalities in Florida have charters allowing citizens to specUy tow they went their dty's government to be structured, and this same concept seams good for our sister loom governments — counties. Charter go emment for counties is newto Florida. Dade County. now Miami-Dede County. was the first chatter county in the state roughly 50 years As de VI Ir, Section t(g) stifles: (g) Charter government: Counties operating under oourty charters shall have all powers of Ictal self- government not Inoornalslent with general Ise% or with spats' lee approved by note eine electors. The governing body of a count)/ opvatbg under a ~et may arts% clam* vrdlnenoaa not Ind mei general liar_ The charter shall provide which evil prevail in Mae sent of conflict between county and mwrlolpal ordinances. ossa -4136-12E 40e4Pg auJnogtey so umol WWS*:ir 8002 90 -1eW ZO•d £6i£-9£9 LOB an6eal 'seoj ads vSZ:Oi 80 -Lt -dos Mar Uti V21 11 1 78 PI ice I -a �•a 3217260823 p.2 Brevard County Legislative Delegation February 24.2008 Page 2 ago,' but most of the 19 counties in Florida that have adopted charters have done se, in the last 25 years. As is always the case with a developing new concept, such as county charter government. flaws have begun to appear. One of the flews is the ability of county charters to specifically subordinate municipal ordinances and programs, especially annexation. In Palm Beach County3 and Seminole County.' county charter amendments have hobbled and in some cases completely de -railed the ability of municipalities to utilize Florida's annexation law, which was intended by the Legislature is be uniform on a statewide basis.5 Three appellate caaesa have affirmed that based on obscure wording in Section 171.044(4). Florida Statutes, local county chastens may allow charter counties to in effect preempt state annexation law and effectively bring municipal voluntary annexations to a halt Anile VIII, 511 of the Fbrida Constitution or 1686 in 1956 was amended t0 permit Dade Courtyta become a charter county. That provision of the Constitution to maintained in today's Constitution. See Art VIiI, §6(e), Fle.Canst_ of 1969. Dade County became 'choler county in 1957. See Arlycle 1. §1.2, end Article VIi, 51, Palm Beach County Charter (2004, Pain Beach County, Fla.) See Article V, 512, Serninde County Charter (2004, Sernino+e County, Pe.) 6 Sec tion 171.021, Florida Statutes, states that: The purposes of this act are b set forth procedures for *dilating the boundaries of munidpslIbes through annexations or contractions of . limb and to set forth criteria for dateiniI inp when annexations or oontre:bons may take puce 10 ss to: (1) Ensure Sound urban development and aoaoaanodatlon to growth. tet 6txblish uinitlet fogielialn igaelaaers (3) Ensure itis atn{cisnt provision of urban services to meas that become urban in Char2C2ar. (4) Ensure that mess aro not annexed anises nu nidpel services can be provided to those antes. • See Yillag pt wwatenaion v, Palm' lllooh County, 841 9o.2d 595 (Fie. 4°' DCA 2006), rev. dented. 954 Sa2d 29 (FM. 2007); Seminole cpunty . City of Winter Sachs, 935 road 621 (Fla. S DCA 2008); and Eineguassayasaya jam 984 Se 2d 847 (FIa. 2nd DCA 2+007). League of Citles/Leaslative PrIOritieu 2006 1/2108 �aaa..tiar;_r�c tO'd £6i£-9£9 LOt' uveae auJnoatau 40 uaoi uNci=tt WIMP 9n Jeu anBual .seoj aDeds t1SZ=0i 80 -Lt -des Mal lib uu 11 Ida i'rico ra c •d £0 d Brevard County Legislative Delegation February 24, 2008 Page 3 Jll/1tiOjiJ [curing the past two sessions legislation has been filed in both the House' and the Senate.° These measures if adopted would have required that any county charter amendment relating to land development within municipalities, or annexation, could not become effective unless the provision was approved by a majority of voters within the county an a malorjby of the votes in an affeaosl municipality et a du& calletinunicloals.lactien or by a majority of the affected municipaltWs governing body. The key Language provides exoerpted from the 2007 House Bili provides as fofows: An amendment tc the chatter of a county that bungler or restricts a governmental, corporate, or proprietary power of a Municipality within the county shall not be effective in the municipality unless the amendment is approved by a vote of the electors of the municipality and approved by a vote of the electors of the chwwer county. The Space Coast League believes that the legislation did not pass, because important legislation of this nature normally needs a period to be fully vetted by the Legislature. At this point, we believe the time is at hand to revisit this issue. You may be interested in knowing what the Be evsrd County Charter states in relation to making county legislation effective within municipalities. Section 1.7 of the Charier states: SECTION 1.7. RELATION TO MUNICIPAL ORDINANCES. Except as othetwfse provided by State or Federal taw, municipal ordinances shall prevail over County ordinances to the extent of any conflict. To the extent that a County ordinance which is specifrcaly applicable to the incorporated area and a municipal ordinance shall cover the same subject without conflict, then both the municipal ordinance and the ' In 2008.118-949 was fled by former State Representative Ralph Arza (R -Hialeah). In 2007, IH8-791 was filed by Rep. Eddy Gonzalez (R - Hialeah). In 2006, SS -1608 was filed by Senator Mike Bennett (R - Bradenton). In 2007, SB -2080 was filed by Senator Bennett. Ps League of abasWLsgisistive Priorrtlea 2008 12108 +e:t;A-4Ae;-r7r 1400aa UO3au.+noaraW ;a Weal WWq#:1 t 8002 9n Jew £61E -9E9 LOt an6ea-j gseo7 coeds vSZ:OI 80-LI-deS Mai Ub u!i 11'02a Petco Fa r -d 90'd Brevard County Legislative (Delegation February 24, 2008 Page 4 County ordinance shall be effective, each being deemed supplemental to the other. 321726082:3 p, 4 Coincidentally. the Spans Coast League's General Counsel. Paul Gougelman. chaired the Charter Commission that drafted the &oyard County Charter and the foregoing tanpuege. 1 think if you ask hkn, he will tail you that the Charter Commission that dratted the County Charter felt very strongly that municipal home rule should be preserved. and that county legislation should not be effective within Preverd'e municipelides. Specific Recommendations: " Support legislation such es H9-949 and SB -1608 (2008 Session) end NB - 791 acrd SB -201110 (201)7 Session) isritecting me municipeNlbss of ell charter counties. Consider introducing or cosponsoring such legislation to protect the home tide of Florida's Rrun!olpeiftlles. Print �— lb ch Flanoudsttmttnt: In the last few years there have been a number of prvjeundertaken to renourish our beaches. In 2004 the FEMA dunes project was undertnlcen after the devastating 2004 sarlea e, hurrecnes. This project cost 53.8 evalion. 90% of which was Federally funded, 5% of which was funded by the State or Florida, end 5% of which was funded by Breves County. The Florida Department of Environmental Protection added another $527 mitllon will, no local mulch required. and the Greverd County Commission voted to expand the el volume cowered by FDEP with an additional $1.613 motion h local matching funds to address eroded dunes at county and mtmicipal parks. The County also agreed to borrow 53.4 million against future Local Option Tourlst tax collodions to restage mid -reach beach elevations to pre -hurricane conditions. In 2005 the North and South Beaches dredging project was undertaken. The project cost was $16.8 million of which $14 million consisted of Federal funds. The project put 764,600 cubic yards of sand along 5.1? miles of beech in whet is known as the Nath reach (Cocoa Beads and Cape Canaveral). The project put 518.000 cubic yards of sand along 3.60 miles of beach in what is known as the South reach (from Plug Avenue in IndialwMic South to Spessard Holland Park in Melbourne Beach). League or C eslL , ,, :, Priorities 2008 112)08 rRRN.`QC. 1 7R UOYia au.inoa i au so UMO , I.IUCI.: i t O(WI on .dpi., £61£-9£9 LOQ an6eal gseo0 goads vg:oi 8o -Li -des Mar UEi Uta 11,02a Price Fa 3217260823 p 5 s - a Brevard County Legislative Delegation February 24, 2008 Page 5 Currently. there is a $3 million project to place 128.000 cubic yards in the South Beaches, Sa1s1Mte Beach. end Indian Harbour 8eaoh. Massive beech renourishment is still needed In all areas of the County. A large scale program is desperately needed on the South Beaches. It is estimated that this would COSI $62.5 million. Local government, es you know. hs subject to significant revenue subs, and simply can not afford to undertake these projects. This project would not resolve continuing needs In the North and Mid -Reaches. Florida Today reports that the County Commission In December asked lig staff to look into seting up a special beach and shore preservation district, much Ike the Sebastian Inlet Taxing District. This may be one partial Sneerer, but additional monies from the State and Federal government ars needed. SpeCISC s: • Authorize adhlional monies in FDEP budget for beach renourislwnent and look at ear-nradeing money For Brevard County, " Lobby our Federal& Congressional Delegation and President Bush to make additional funds avefeble. Priority 03 — Fundjmfor our Transeor on Nous; The Strategic Internodal Systent (SIS) Is the state's roadway system which consists of motor highways connecting various areas of the Stag Statewide, roads such as I-4, I-75, and 1- 95 are a part of the SIS. In Brevard County, 1-95 and State Road 528 connecting the Port at Canaveral to the Orlando area are identified as part of the SIS. Part of US 192 and Airport Blvd. In Melbourne connecting the Melbourne International Airport with I-95 is identified ss a part of the emerging SIS network. Other roadways, known as regional roadways, which are part of the State Road System bit which are not a part of the SIS, include roadways in Brevard County such as Eau Gallie Otvd., A -1-A, State Road 50, Stele Road 520. and other state roads. Most of these regional roadways around the state provide what forms the spine of the State road system in the States urban areas. In 2004. the Legislature adopted the CS/CS/S8-1456 by Senators Jim Sebesta (RStPetersburg) and Charlie Clary (R-Destin). Sea Chap. 2004-386, Lima of Florida. The legislation ■, J. J statutory language relating to the FDOT tentative work program by providing that "at least 50% of any mg discretionary highway capedly Ibnds p would be annually programmed to benefit ■ Emphasis supplied. Laue of CitiiwA..pisbtive tirbritlos 2008 112/D8 1,6AA-*Rn-TRP woleau 4uaroa Teu 40 UmO 1 LIUC4 : T ► ann. on APIA 9O'd £61£-9£9 LOP an6ea-1 '.seo0 aDeds V9Z:0i 80-Li-daS Mar 06 08 11 03a Pi ce Fa e • d 321726082:3 p ti Brevard County Legislative Delegation February 24. 2008 Page 8 the (SIS). The legislation also provided that at least $60 million would be provided annually from the Transportation Trust Fund to the SIS. The CMS/SS-1456 also provided that the $60 million is In addtoon to ab other funds required to be provided annually to the SIS. hitstory has recorded that in February, 2001, the Florida Department of Transportation (FOOT), the Department rebased a revenue forecast of highway capacity funds anticipated to be available for the period 2001-2025. The forecast estimated that approximately 51.35% of the funds would be available for the roadway system now known es the SIS end 49.65% of the funds would be eve able for "other arterial highways."'° However, although It was I&sly not intended by Senators Sebes and Clary, or others for that matter, the FOOT took the adoption of the =MS/SS- 1456 as a green Tight tc Implement FOOTS new Investment RoNc y." The 1 ies*nent Policy cells for the gradual reallocation on a year -by -year basis of how discretionary highway capacity funds wlfa be spent. Gradually, the apprordmatety 50% allocation of funds for the SIS and 609E for regional roadways or what the 2001 forecast referred to as "other internal highways" to 75% of the discredorary highway capacity funds for the SIS and 25% of the discretionary highway capacity funds for regional roadways or so-- called 'other arterial highways' This segue of funding reallocation is to be complete by approximately 2015, After adoption of the CSICSISB-1456, on October 13.2004. FDOT made e presentation to the FTC. The presentation explained how FOOT was already in the prooese In changing the SISlregional roadway IUnoting allocation to a 82% 515138% Regional Roadway allocation:. FOOT explained how they.had previously planked b leave the allocation for the roadway network known as the SIS at 82%, but new plans celled fora complete reallocation. ' ° Revenue Forecast Handbook — FOrecasl or tars Transportation Revenues and Program Levels at Table 3 (FOOT. Feb. 2001). One of the oral steps takenjority in the 1>7I Republicans upon assuming a fns Legislators in tree 2 olio's saes to amend the Administrative Navahos Act to provide that all poky promtAgeted by sintinielnabra agency seal have to be subject to rulerr><adna. Tho FOOT InVeltment Palley was near subjected to nuke-+neking. although It b a pdicy that applies to the creation of FOOT budgets ovary 10-yser period. The FDOT caner ws investment Porky Is exempt ham r+vbinaldng. Tths seams , nt with Section 120.54, Florida Statutes, and Florida aisle itlthilla Ma. Dann, 400 So.2d 1304 (Aa. 14 OCC 19x7 ). League or Clbes/LegIiative Priarlties 2006 1!2/05 r64R-4.136- I2E Voaaq au.inooTau .4o uwo I u41o4.: T r arm, an .iQu LO'd £61£-9£9 LOB an6Qa-i }svoj a�Qds vgZ:oi 8O-Li-daS Mar 06 08 11 03a F'a'ce Fa 3217260823 p 7 i •d Brevard County Legislative Delegation February 24. 2008 Page 7 The following chart was presented by FDOT Asst. Secretary of Irate vnodal System Development Yeela Uort,12 and it Indicates the proposed funding changes: FY SIS Dollar/% Allocation SMS Dollar/% Allocation before Investment Policy after Investment Policy 2010 682% fp 62% 2011 fa 62% • 63% 2012 0 82% ©8S% 2013 632% @67% 2014 0 82% itg 70% 2015 82% 6 72% It is not yet dear what position the Crist Adminiatr.bon intends to take with regard to the continuing the knplemenfation of the FOOT Ines rnent Policy. However, it Is dear that as more money is siphoned from supporting the improvement of state roods In urban areas congestion will only increase. In addition without expenditures to improve the stale road system in urban arses, ooncurrency may bring : is growth and development to a halt. Urban areas are still playing ce d -up with regard to road Improvements from past yews of economic growth and development Locally in Brevard County we've seen various projects jettisoned from the 5 -year FOOT WO* plan. Because of a shortage of funds, the improvement of Apollo Boulevard in Melbourne, including building a bridge over the Esu Gallie River, has been removed from the 5 -year work plan. TMs project has been planned since the mild -1984s. The widening of Palm say Road was the Brevard MPO's top project. and it was ready to be let in 2007 by FOOT. Because Of a shortage of funds, the project would have been scrubbed had It not been for an emergency bonding project by Melbourne, Palm Bay. Brewed County, and Idlest Melbourne, 11 Sas FTC Minutes at 3 (Oct. 13.2004). League or CaMILagisI.t v Polestiles 20011 1 QM 1Q.-4_ 1 71 uOQao au..nna tau .a ud10 1 uu04. e 7 , ;Inn, elm Jou 9O'd £61£-9£9 LOb an6eal 1seo0 ands vgz:oT 90 -Li -des Mat 06 ON 11 04a Prides F8 3217260823 p 8 Bcsverd County Legislative Delegation February 24, 2008 Pape 8 There has been a shortfati on the SIS system with regard to the widening of 1-95 to six lanes. Widening is underwty from SR -528 (tire Beach ine Expressway) to Malabar R. but due to a shortfall of money, construction of the last few miles to the feltsleber Road exit has been cut from the proiec t. The latest word from FDOT is that they are trying find monies to complete 1-95 to Malabar Road. Evan if they find the monies, there is stiN a major problem with the ability of the Malabar Road exit to handle traffic during peak hours, If you don't believe it, take a ride down there at 5:30 in the afternoon. (?n acre days you take your IN, in your hands. Finely, what will become of the rest of I-95 In 6rsvard County? This roadway is a major hurricane evacuation route out d South Florida. The entire roadway desperately needs widening. SpGQ% s: • Support making a greater sham of states barrsportabon monies available for nonStrategk bit :modal System state roads in urban areas; • Secure funding to widen as of 1-45 down to Malabar Road and secure funding to impvaer° the Malabar Road exit cepaoity; • F:kvsfn for swflicient handing from Strategic intermodal System ('SIS') stem transportation monies to widen to sic ones ell portions of 1-95 inansvard County; and ▪ Secure Binding t mime the widening afApolb Road and building of a bridge over the Eau Gehie Rimer, as planned in the raid-1980e- may rid-1980 ..Pi y 14— Hoiging9** 9n Iptrusion entree POoe& Tax Revgnue: The Space Coast league of Cities doss net oppose lax relief Uke every other property owner in this state, local government elected otliciels pay property taxes, end each of us is ready for tae relief. Further, the vote by citizens on amendment 1: in January settles that issue. However, what level & govemmernt gives you more tangible service that you can see on e day -o -day bates than local government? The pollee, fire, EMT, water, sewer, operation of the landfill. planning and zoning, building inspection, repaving of city streets, operation sof golf courses and the batlflald where your dmild plays softball, ll guard services at the beach, are examples of services that are performed every day. and you and I see Chem performed and benefit from them every day. Other than national defense, what services do see perfomned every day by the Federal government? L ue cf itisetlspfais:re Priorities 2008 112108 it• 1,669-486-I 60•d 4==4,6 suJnoe l aid 40 woo a iJ1014.: T r Ann, An Jew £61,£-9£9 LOb an6eal 1-seo0 anedS Vgz=O1, 80-Li-daS Mai Via Vit 11 V4a Price P -a Brevard County Legislative Delegation February 24, 2008 Page 9 &1/ bub1:5 u9 Cutting property taxes Is a good idea, but there must be replacement revenue in piece. tf there are no replacement revenues, we risk damaging the Barrel af government that provides more necessary services to our community each and every day. I'd Nice to suggest a 3 -step plan to you. Step 1) Make M the tax cuts you went this session, but please don't make any rnae cuts M local government revenue this legislative session. That means that if you cut property taxes, make certain that there are replacement revenues provided directly to local government, DO NOT make any revenue cuts this session. Step 2) Wait until this years budgets are adopted in each county and municipality in September. Then go to the municipalities In your district and the county_ Aaic the City and County Managers what the last two years of tax outs have done with regard to cutting services. Ask what services have been cut. Ask how the government payroll has been affected. Are people's salaries being cut? Are people being put into a ray -oft statue? Ask the question, what services will you cutin your city or in Brevard County, if we legislators Cut mors property taxes without providing replacement revenues? I think you need to know how the people's ravel of service is being cut and will be cut. Step 3) Analyze what has happened. Before you proceed with more tax cult, ask yourself W we are starting to injure local govemmenl's ability to provide the services s that the voters want. I have heard from some people In Tallahassee that the term 'starve the beast" is being used. I am told that sorra people believe that tax cuts are merely a way to cutting local government. Respectfully, if this is true, we are cutting the level of government that is closest to the people and provides more direct. tangible services to all of us on a day-to-day basis. You can't 'starve the beast" to make the levet of tax carts that voters are asking for, and if try to, you will end up making a decision that we wreck this stale se an attractive venue for new industry end jobs. Specific Reaomrnendetions: Follow the 3-efep Plan League or Cibes/Leal.+.rve Priartlias 2000 saroa 6 ' d 666A- oge- me OL`d £6i£-9£9 LOb 40V•5 au.dnogtew do nmol 1439b = [ r prtn7. qn 1eL an6eal 1.seo0 a�edS VLZ:OI 90-Li-daS Memorandum TO: FROM: Key Officials Michael Sittig, Executive Director RE: Transmittal of Florida League of Cities' Resolutions DATE: September 10, 2008 The membership of the Florida League of Cities adopted several federal, constitutional and commemorative resolutions at its 82"d Annual Conference at the Tampa Convention Center and Marriott Tampa Waterside Hotel on August 16, 2008. On behalf of the League, I am transmitting the following resolutions: A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION REQUIRING THAT EVERY AMENDMENT TO A CITY'S OR COUNTY'S COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY'S OR COUNTY'S ELECTORATE. A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., SUPPORTING AN AMENDMENT TO FLORIDA'S CONSTITUTION TO REQUIRE THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS. A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC.,RELATING TO UNFUNDED STATE MANDATES, UTILIZING ANY MEANS NECESSARY TO REQUIRE THE FLORIDA LEGISLATURE TO ELIMINATE UNFUNDED STATE MANDATES ON LOCAL GOVERNMENTS, CONSIDERING SPONSORSHIP OF AN INITIATIVE PETITION, TO AMEND ARTICLE VII, SECTION 18 (a) OF THE FLORIDA CONSTITUTION TO ELIMINATE THE CLAUSE THAT ALLOWS FOR UNFUNDED MANDATES BY A TWO-THIRDS MAJORITY, AND TO POTENTIALLY AMEND OTHER CLAUSES OF SAID SUBSECTION; AND PROVIDING AN EFFECTIVE DATE. 301 South Bronough Street ♦ Post Office Box 1757 ♦ Tallahassee, FL 32302-1757 Telephone (850) 222-9684 ♦ Suncom 278-5331 ♦ Fax (850) 222-3806 ♦ Website:www.flcities.com September 10, 2008 Page Two A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., ENCOURAGING CITIES, OTHER PUBLIC AGENCIES AND BUSINESSES TO CREATE SUMMER EMPLOYMENT OPPORTUNITIES FOR OUR CITIES' YOUTH. A RESOLUTION OF THE FLORIDA LEAGUE .OF CITIES, INC. SUPPORTING DONATIONS OF SURPLUS FIRE EQUIPMENT AND MATERIAL TO VOLUNTEER FIRE DEPARTMENTS WITHIN THE UNITED STATES. Should you have any questions, please contact Allison Payne or me at the League office (850) 222-9684. Attachment :mjb NIVEMZZIFIIIMIIMIrRaaWre 9] aijruu (j r,44 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION REQUIRING THAT EVERY AMENDMENT TO A CITY'S OR COUNTY'S COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY'S OR COUNTY'S ELECTORATE. WHEREAS, interest groups are gathering signatures from Florida voters to place the proposed "Florida Hometown Democracy" constitutional amendment on either the 2008 or 2010 general election ballot; and WHEREAS, the voters of Florida are being urged by interest groups to support the proposed Florida Hometown Democracy constitutional amendment should it gain ballot status; and WHEREAS, the proposed Florida Hometown Democracy constitutional amendment would subject every amendment to a local government comprehensive plan to a vote of the local government's electors; and WHEREAS, planning and growth management decisions in Florida's municipalities are presently made through a representative form of democracy in which elected governing bodies are entrusted to make policy decisions on behalf of their constituents; and WHEREAS, in 1985 the Florida Legislature enacted Chapter 163, Part II, Florida Statutes, the "Local Government Comprehensive Planning and Land Development Regulation Act," mandating that each municipality adopt a comprehensive plan to manage and guide the use and development of property within the municipality; and WHEREAS, the intent of the act is to empower local governments, including municipalities, to preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement, fire prevention and general welfare; to prevent the overcrowding of land and avoid undue concentration of population; to facilitate the adequate and efficient provision of transportation, water supply, sewer treatment, schools, parks, recreational facilities, housing and other services; and to conserve, develop and protect natural resources within their jurisdictions; and WHEREAS, the act requires extraordinary public notice, review, comment and hearings before a comprehensive plan may be adopted or amended by a municipality; and WHEREAS, municipal comprehensive plans are adopted and amended by a municipal governing body only after significant review and input from the public, professional planners and municipal staff; and WHEREAS, the elected body's decision to amend, or the manner in which to amend, a comprehensive plan is based upon legal requirements as well as policy issues that require a balancing of the needs and desires of the overall community; and WHEREAS, the Florida League of Cities finds that the Florida Hometown Democracy amendment will trample minority interests and ignore the community's long-term planning needs and goals, including affordable housing measures, urban infill measures, redevelopment initiatives, and the development of essential infrastructure; and WHEREAS, the Florida League of Cities finds that the Florida Hometown Democracy amendment will subject important planning and policy decisions to potentially misleading and inflammatory media campaigns; and WHEREAS, the Florida League of Cities finds that the Florida Hometown Democracy amendment will require the unnecessary expenditure of additional municipal revenues to fund numerous elections on comprehensive plan referenda; and WHEREAS, the Florida League of Cities finds that the Florida Hometown Democracy amendment will require the unnecessary expenditure of additional municipal revenues to fund the defense of takings claims by citizens aggrieved by the outcome of comprehensive plan amendment elections; and WHEREAS, these unnecessary costs will be borne by the citizens of Florida's municipalities either through increased taxes or decreased municipal services. J'-t( 1(d(G Warm (/ rG te4 NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. The Florida League of Cities, Inc., urges citizens to consider the potential adverse consequences of such proposed amendment before signing any petitions on the proposed Florida Hometown Democracy constitutional amendment. Section 2. The Florida League of Cities, Inc., urges citizens to carefully consider the potential adverse consequences of such proposed amendment before voting on the proposed Florida Hometown Democracy constitutional amendment if it appears on the general election ballot in 2008 or 2010. Section 3. The Florida League of Cities, Inc., urges citizens to exercise their existing rights to influence the quality of life in their city by participating in the development and amendment of their city's comprehensive plan. Section 4. The Florida League of Cities, Inc., urges citizens to regularly attend public hearings, workshops and meetings and otherwise take an active role in shaping local policies that affect growth within their communities. Section 5. That a copy of this resolution be provided to the membership of the Florida League of Cities, Inc., and other interested parties. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 82nd Annual Conference, at the Tampa Convention Center and the Marriott Tampa Waterside, Tampa, Florida, this 16th Day of August 2008. ATTEST: MichWel Sittig, Executive Director Florida League of Cities, Inc. Frank Curtis, President Florida eague of Cities, Inc. Mayor, City of Pembroke Pines Yeayrre ritieJ A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., SUPPORTING AN AMENDMENT TO FLORIDA'S CONSTITUTION TO REQUIRE THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS. WHEREAS, Florida's Government -in -the -Sunshine Law, enacted in 1967, established a right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies; and WHEREAS, Florida Governor Charlie Crist recently proclaimed March 16-22, 2008, as Sunshine Week for the citizens of the State of Florida and stated, "The role of Florida's government is to serve the people of Florida and open government gives the people the tools they need to hold their elected officials accountable"; and WHEREAS, on June 19, 2007, Governor Crist issued Executive Order 01-107, creating the Commission on Open Government Reform to review, evaluate, and issue recommendations regarding Florida's public records and public meeting laws; and WHEREAS, the Commission on Open Government will compile its findings and present a final report to the Govemor, the Senate President and the Speaker of the House of Representatives by December 31, 2008, to include specific recommendations, including proposed legislation, rule changes and modifications, if any, to Article I, Section 24, of the Florida Constitution; and WHEREAS, our counties and municipalities live by this law and thereby assure that government business is conducted in the open for all people to see; and WHEREAS, all Florida government is better served when all elected officials live in the Sunshine. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities, Inc., and all cities of Florida urge the Commission on Open Govemment propose and the Governor support a constitutional amendment that requires state legislators to operate under the same Sunshine Laws under which city officials operate. Section 2. That a copy of this resolution be provided to the Chair of the Commission on Open Government, Florida Governor Charlie Crist, all municipalities in Florida, and all local and regional leagues of cities. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 82nd Annual Conference, at the Tampa Convention Center and the Marriott Tampa Waterside, Tampa, Florida, this 16th Day of August 2008. ATTEST: Michael Sittig, Executive Directr Florida League of Cities, Inc. Frank I/Srtis, Preside Florida League of Cities, Inc. Mayor, City of Pembroke Pines /1lo rila -carte i rilie4 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., RELATING TO UNFUNDED STATE MANDATES, UTILIZING ANY MEANS NECESSARY TO REQUIRE THE FLORIDA LEGISLATURE TO ELIMINATE UNFUNDED STATE MANDATES ON LOCAL GOVERNMENTS, CONSIDERING SPONSORSHIP OF AN INITIATIVE PETITION, TO AMEND ARTICLE VII, SECTION 18 (a) OF THE FLORIDA CONSTITUTION TO ELIMINATE THE CLAUSE THAT ALLOWS FOR UNFUNDED MANDATES BY A TWO-THIRDS MAJORITY, AND TO POTENTIALLY AMEND OTHER CLAUSES OF SAID SUBSECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature regularly adopts legislation that imposes mandates upon local governments without providing for funding or adequate funding sources for implementation of such mandates; and WHEREAS, in 1989, the state's municipalities, in conjunction with the Florida League of Cities, were in the process of circulating an initiative petition that would place a prohibition or restriction against unfunded mandates on the Constitutional ballot; and WHEREAS, the state Legislature, in order to head off the initiative petition, placed its own unfunded mandate restriction on the ballot (commonly referred to as Amendment 3) and, upon passage, such amendment became Article VII, Section 18 of the Florida Constitution; and WHEREAS, that provision still allows for unfunded mandates if adopted by a two-thirds vote of the membership of both Houses of the Florida Legislature and contains numerous exceptions to the restrictions contained in the provision; and WHEREAS, the two-thirds voting requirement has proved to be a loophole in that the Legislature routinely adopts unfunded mandates by a greater than two-thirds majority of both Houses; and WHEREAS, since the adoption of Amendment 3 in 1990, there have been hundreds of unfunded mandates imposed by the Legislature on local governments at costs of hundreds of millions of dollars. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida Legislature be encouraged to restrict or eliminate its policies of adopting legislation or practices imposing unfunded mandates upon the municipalities of the State of Florida. Section 2. That the Florida League of Cities consider initiating the process to begin processing the documentation and petitions necessary for an initiative petition drive to amend Article VII, Section 18 of the Florida Constitution to eliminate the clause which allows unfunded mandates from the Legislature upon a two-thirds vote of the membership of each House and to amend such other provisions of said section as will restrict or eliminate all unfunded state mandates. Section 3. That a copy of this resolution be provided to the Speaker of the Florida House of Representatives, to the President of the Florida Senate, to all cities in Florida, and to all local and regional leagues of cities. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 82nd Annual Conference, at the Tampa Convention Center and the Marriott Tampa Waterside, Tampa, Florida, this 16th Day of August 2008. ATTEST: nalltke I Michgl Sittig, Executive Director Florida League of Cities, Inc. Frank C f-rtis, President Florida League of Cities, Inc. Mayor, City of Pembroke Pines rJ'-(L},,tW(! &R((9(tf ( rllt('.1 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., ENCOURAGING CITIES, OTHER PUBLIC AGENCIES AND BUSINESSES TO CREATE SUMMER EMPLOYMENT OPPORTUNITIES FOR OUR CITIES' YOUTH. WHEREAS, for most schools in Florida, the school year ends the first week of June for a three-month summer break; and WHEREAS, many students are unable to find summer employment opportunities or to participate in youth sports programs and other organized activities to occupy their time during the summer months; and WHEREAS, the incidence of juvenile crimes and criminal mischief increases during the summer months, creating adverse impacts on area businesses and increased workloads for local law enforcement agencies; and WHEREAS, summer internships and paid work experience for youth, particularly those from low-income families, help to provide a positive youth mentoring relationship with a work supervisor, promotes successful preparation for the job market, exposes students to a variety of employment opportunities, builds confidence which leads to success in other areas, including school, and encourages youth to return to school in the fall to continue their education. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities, Inc. encourages cities, other public agencies and private employers to invest in the future of our municipalities by creating summer job opportunities and providing employment experience for the youth of our cities. Section 2. That a copy of this resolution be provided to all Florida municipalities and Local and regional leagues of cities. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 82nd Annual Conference, at the Tampa Convention Center and the Marriott Tampa Waterside, Tampa, Florida, this 16th Day of August 2008. ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Frank I,.rtis, Preside Florida League of Cities, Inc. Mayor, City of Pembroke Pines NEMEMIZIWINIMr flifilIda?cr fare r j' fit/ J" A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. SUPPORTING DONATIONS OF SURPLUS FIRE EQUIPMENT AND MATERIAL TO VOLUNTEER FIRE DEPARTMENTS WITHIN THE UNITED STATES. WHEREAS, approximately eighty percent (80%) of the fire departments in the United States are volunteer; and WHEREAS, surplus equipment and material have been donated by municipal and other fire departments to countries overseas; and WHEREAS, the expenses of volunteer fire departments could be lessened by almost half by such donations; and WHEREAS, the equipment and material that is paid by the taxpayers in the United States should be donated to sister fire departments in the United States; and WHEREAS, a dedicated Web site should be established in connection with the donation and distribution of surplus fire equipment and material. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities, Inc., supports and appreciates the sacrifice and patriotic duty exemplified by our brave men and women that staff volunteer fire departments throughout Florida and the United States. Section 2. That the Florida League of Cities, Inc., encourages Florida's municipalities to donate surplus fire equipment and material to volunteer fire departments in Florida and throughout the United States. Section 3. That a copy of this resolution be sent to each municipality in Florida. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 82nd Annual Conference, at the Tampa Convention Center and the Marriott Tampa Waterside, Tampa, Florida, this 16th Day of August 2008. • • nk C. Ortis, 1sient orida League of Cities, Inc. Mayor, City of Pembroke Pines ATTEST: chael Sittig, c'eci ve Di'`ctor Florida League of Cities, In Meeting Type: Regular Meeting Date: 10-07-08 Heading Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Considerations 14 SUBJECT: CONSIDERATION: N. ATLANTIC AVENUE STREETSCAPE PROJECT — PRELIMINARY DESIGN STUDY IN THE AMOUNT OF $30,170. DEPT./ DIVISION: PUBLIC WORKS / STREETS / BEAUTIFICATION Requested Action: City Council to consider the approval of the N. Atlantic Avenue Streetscape Project Preliminary Design Study in the amount of $30,170 to Brad Smith & Associates, utilizing the City of Vero Beach bid, as recommended by the Public Works Director. Summary Explanation & Background: The scope of the Preliminary Design Study is the N. Atlantic Avenue Right -of -Way from Monroe Avenue to Shorewood Drive. This is a budgeted item. Exhibits Attached: Public Works Director's Memo; Brad Smith Proposal; Vero Beach Bid Documents. City Manager's Office Department PUBLIC WORKS / STORMWATER To: From: Date: RE: Bennett Boucher — City Manager Walter Bandish — Public Works Director September 15, 2008 Agenda Item for October 7, 2008 Council Meeting North Atlantic Avenue Beautification Project The City Council of the City of Cape Canaveral (City) recently elected to move forward with the preliminary phase of the North Atlantic Avenue Beautification Project. Brad Smith Associates, Inc. (BSA), who previously prepared design phase drawings for the City for the Ridgewood Avenue Beautification Project, has submitted a bid for completion of the design phase drawings. The City will be using the existing contract between BSA and The City of Vero Beach as a contract mechanism. A project cost estimate to complete the project as prepared by BSA and a copy of the contract between BSA and The City of Vero Beach are attached. Recommendation: City staff recommends approval of funding for the project in the amount of $30,170.00 to Brad Smith Associates, Inc. Funds for the work are from the following: General Fund — (001-669-541-636900). v.1- (A2L 6301. WORK ORDER #2 Under the MASTER CONSULTING AGREEMENT Between Brad Smith Associates, Inc. (hereinafter referred to as CONSULTANT) And The City of Cape Canaveral 105 Polk Avenue Cape Canaveral , FL 32920 (hereinafter referred to as CLIENT) 7/28/08 This proposal shall remain valid for a period of 90 -days from the date noted above. PROJECT NAME AND LOCATION: Preliminary Design Study North Atlantic Ave. Beautification Project — from Monroe Ave. to Shorewood Dr. Cape Canaveral, Florida CLIENT'S GENERAL GOALS: The CLIENT's goals and objectives for the development of the project, based on initial discussions with the CLIENT are as follows: 1. Provide planting improvements 2. Enhance intersection treatments at Washington Ave., Canaveral Breakers, Central Blvd., Ocean Woods Blvd., Harbor Dr., Seaport Blvd., and Shorewood Dr. by using decorative paving for crosswalks. 3. Recommend appropriate traffic calming measures 4. Include a designated bike lane 5. Provide recommendations for decorative pedestrian -level lighting SCOPE OF BASIC SERVICES: PROJECT PLANNING PHASE: Research the design standards and requirements necessary to obtain permits for the proposed improvements. Visit the site to become familiar with existing conditions, and to record on-site observations for use in future planning and design activities. Add to the initial outline of CLIENT goals and objectives specific goals and objectives which address any other issues of concern, or potential problem areas. Present the finalized list of goals and objectives for the development of the projectto the CLIENT for review and comment. It should be noted that the outline of goals and objectives (program) will be prepared by the CLIENT and the CONSULTANT working together. Once completed, the program shall be used throughout the planning process to provide a clear understanding of CLIENT expectations. Agreement - 1 Review FDOT design standards relative to this type of project, and report to CLIENT any instances in which deviation(s) from these standards may be required due to adverse site conditions. Note: it is understood that this project is not within the FDOT's jurisdiction. CONCEPTUAL DESIGN PHASE: Prepare preliminary design concept drawing(s) at an appropriate scale using Brevard County 2005 color digital aerial imagery as a base map. Concept shall indicate proposed roadway realignment (two travel lanes), bike lane(s), sidewalk(s), planting areas, driveway access, decorative paving, and lighting locations. Coordinate with Stottler Stagg and Associates, Inc. (SSA), the City's engineering consultant. Prepare preliminary opinion of probable landscape, hardscape, and irrigation construction costs. GRAPHIC DESIGN PHASE: Prepare illustrative color rendering of the proposed design concept in digital format. This work shall include: 1. PowerPoint presentation providing an overview of the proposed project. 2. Overall site location map, superimposed on aerial photo. 3. Enlargements of each 1 block section (13 blocks total), superimposed over aerial photo. MEETINGS: The following are the meetings included in this scope of services and required to support the program: 1. Meeting #1: Project "kick-off" meeting with CITY to review programming, goals, and objectives. Project schedule shall also be discussed during this meeting. (Note: this meeting occurred on 2/1/07). 2. Meeting #2: Presentation meeting to the CITY's Beautification Board by CLIENT. 3. Meeting #3: Project coordination meeting with CLIENT, City Manager, and Public Works Director. 4. Meeting #4: Review meeting with CITY (City Council Meeting) to present preliminary landscape design concept drawing(s), and the CONSULTANT's preliminary opinion of probable landscape construction costs. Comments will be received, and authorization will be provided for the CONSULTANT to proceed with the Public Hearings (incorporating the CLIENT's review comments into the material presented at the Public Hearing). 5. Meeting #5: Public Hearing. 6. Meeting #6: Project coordination meeting with CLIENT, City Manager, and Public Works Director and to present the results of the Public Hearing, and to discuss the final direction for the project. 7. Meeting #7: Review meeting with CLIENT (City Council Meeting) to present the results of the Public Hearing, and to discuss the design of the project. Agreement - 2 It is anticipated that this number of meetings will be adequate for the project; however, if additional meetings are required, the cost will be considered as additional services to be billed on an hourly basis. FEE ARRANGEMENT: The CLIENT agrees to pay the CONSULTANT for professional services as follows: A lump sum of Twenty Seven Thousand, Nine Hundred Seventy Dollars ($27,970.00), payable as follows: A non-refundable mobilization fee (down payment) of $3,750.00 shall be paid to the CONSULTANT at the time of authorization to proceed with the work.* The balance shall be paid on the basis of the CONSULTANT's estimated percentage of completion according to the following schedule of values: Remobilization Fee* $3,750.00 Planning Phase $7,620.00 Conceptual Design Phase $12,540.00 Graphic Design Phase $4.060.00 Total Fixed Fee Amount: $27,970.00 Invoices for the CONSULTANT's services shall be submitted on a monthly basis for percentage of completion. The above fee does not include Reimbursable Expenses (out-of-pocket expenses, such as mileage, reproduction, couriers, and telephone/facsimile), which will be billed separately. An Allowance of $2,200.00 is included to cover the cost of reimbursable expenses. Maximum Contract Amount (Fixed Fee plus Reimbursable Expense Allowance): $30,170.00 SPECIFIC ASSUMPTIONS: CONSULTANT represents to the CLIENT that in developing this Scope of Work, assumptions have been made, and that deviation from assumptions identified within this proposal may require additional expenditures on behalf of the CLIENT to the CONSULTANT. Assumptions not already mentioned herein are as follows: 1. SSA will be responsible for all project engineering matters, including preparation of opinions of probable construction costs for paving, grading, and utilities. 2. Survey information is not available at this time for use as a basis for conceptual design work. However, the CITY will provide all available information regarding underground utilities, and other data that would prove to be beneficial in undertaking this scope of services. 3. Feasibility studies or other work related to the pursuit of grant funding for stormwater retrofit improvements is not included in the scope of work. Agreement - 3 4. CITY will appoint a project manager to serve as the CLIENT's representative, providing a single point of contact for all CONSULTANT communications, and fully authorized to provide the CONSULTANT with approvals, review comments, and the like. ADDITIONAL SERVICES: Additional services may include, but not be limited to the following items: 1. Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, and are due to causes beyond the control of the CONSULTANT. 2. It is understood that this work shall be undertaken without the benefit of an "as -built" survey of actual field conditions. Changes in design concept and/or design details in order to accommodate field conditions as revealed by a detailed survey of existing conditions prepared by a professional surveyor and mapper will be handled under a separate work authorization. 3. Site grading and drainage design. 4. Utilities design. 5. Preparation of final construction documents. 6. Attendance at Public Meetings beyond those outlined above. Offered by: Accepted by: Braci/Smith. (signature) Bradley A. Smith, ASLA, AICP, President BRAD SMITH ASSOCIATES, INC. Corp. Reg. #LC -305, Ind. #LA -764 (signature) (printed name/title) (name of firm) (date accepted) Agreement - 4 STANDARD TERMS AND CONDITIONS Brad Smith Associates, Inc. (the CONSULTANT) shall perform the services outlined in this agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this agreement. Modifications or changes in this agreement must be in writing and executed by the parties bound to this agreement. This agreement is not transferable by either signatory to a third party without the consent of the other principal parts. Fee: The total fee, as stated in the Agreement, shall be either a fixed fee or, if indicated as an hourly fee arrangement, shall be understood to be an estimate which shall not be exceeded by more than ten percent (10%) without written approval of the CLIENT. Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. For hourly arrangements, all work performed outside of CONSULTANT's regular office hours of 8:00 a.m. to 5:30 p.m. Monday through Friday shall be billed at time and one-half based on the current rate. Current rates are as follows: Principal: $225.00/Hr. Sr. Landscape Architect/Project Mgr.: S180.00/Hr. Landscape Architect/Project Mgr • $125.00/Hr. Designer 2. $115.00/Hr. Graphic Artist' S110.00/Hr. Designer 1. $100.00/Hr. Design Technician: $85.00/Hr. Accounting/Administrative: $75.00/1-1r. Clerical: $50.00/Hr. Invoicing: Invoices for the Brad Smith Associates, Inc.'s services shall be submitted by e-mail at the CONSULTANT'S option either upon completion of such services or on a monthly basis. All invoices shall be paid in full and received at the CONSULTANT's office 20 days after the invoice date. Discount Credit: Brad Smith Associates, Inc. extends a 2% DISCOUNT CREDIT on all "professional service fees" paid in full and received at the CONSULTANT's office, 10 days after the invoice date. Finance Charge; Past Due Payments: Your finance charge is computed by a single periodic rate of 1.5% per month (minimum charge of $1.00), which is an annual percentage rate of 18% and may be computed on all past due balances. A late payment fee of $25.00 may be applied to payments received after the invoice due date in addition to the finance charge. Retainer and Earnest Fee Payments: Retainer payments for hourly contracts shall be credited against the final invoice. In the event the CLIENT has paid a retainer to the CONSULTANT, and services have been suspended because of nonpayment, the CONSULTANT shall be entitled to apply the retainer to cover any sums due from the CLIENT up to the date of suspension. Prior to resuming services after such suspension, the CLIENT shall remit to the CONSULTANT sufficient funds to replenish the retainer to its full prior amount. Earnest Fee Payments are non-refundable initial payments against a fixed fee contract. Reimbursable Expenses: Brad Smith Associates, Inc. does not charge for normal project -related reimbursable expenses including: reproduction and duplication of documents as necessary for submittals to government agencies for approval and for CLIENT use, mileage, postage, telecommunications, subcontractor expenses, and other out-of-pocket expenses. These expenses are included in the basic fees. However, Brad Smith Associates, Inc. will be paid for all reimbursable expenses directly relating to bidding and construction including: reproduction and duplication of documents, postage, and other out-of-pocket expenses. An administrative handling fee of 15% will be added for all reimbursable expenses. Additional Services: If, during the progress of the development of plans or construction, the CLIENT requests the CONSULTANT to perform additional services other than those defined in the Agreement, payment for such work shall be negotiated prior to commencement of the work based on the prevailing hourly rates. Written Additional Service Authorization (ASA) will be used for authorization. Suspension of Services: If the project is suspended for more than 30 calendar days in the aggregate, the CONSULTANT shall be paid for services performed and charges incurred prior to receipt of notice to suspend, and upon resumption, an equitable adjustment in fees to accommodate the resulting demobilization and remobilization costs. In addition, there shall be an equitable adjustment to the project schedule based on the delay caused by the suspension. If the project is suspended for more than 90 calendar days in the aggregate, the CONSULTANT may, at its option, terminate services by giving notice in writing to the CLIENT. If the CLIENT fails to make payments when due or otherwise is in breach of this Agreement, the CONSULTANT may suspend performance of services upon 5 calendar days notice to the CLIENT. The CONSULTANT shall have no liability whatsoever to the CLIENT for any costs or damages as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon payment in full by the CLIENT (including remobilization charge of 5% of the fee amount or $500.00, whichever is less), the CONSULTANT shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension. Termination of Services: If the CLIENT fails to make payment to the CONSULTANT in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by the CONSULTANT. This Agreement may be terminated by either party should the other fail to perform its obligations hereunder by giving the other party not less than 7 calendar days' notice. In the event of termination of this Agreement by either party, the CLIENT shall within 10 calendar days of termination pay the CONSULTANT for all services rendered and all reimbursable costs incurred by the CONSULTANT up to the date of termination, in accordance with the payment provisions of this Agreement. Mediation: In an effort to resolve any conflicts that arise during the planning design and construction of the Project or following the completion of the Project, the CLIENT and CONSULTANT agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. Risk Allocation: In recognition of the relative risks, rewards and benefits of the project to both the CLIENT and the CONSULTANT, the risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the CONSULTANT's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed ten (10) times our fee or $50,000.00, whichever is less. Such causes include, but are not limited to, the CONSULTANT's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Ownership of Instruments of Service: As a design professional, the Landscape Architect/Planner provides a service rather than a product. All documents produced by the CONSULTANT are instruments of that service (depicting an intellectual process). As such, they shall remain the property of the CONSULTANT, who shall retain all common law, statutory and other reserved rights, including the copyright thereto. Access to Site & Photography: Unless otherwise stated, the CONSULTANT will have access to the site for activities necessary for the performance of services. The CONSULTANT will take precautions to minimize damage due to these activities, but have not included in the fee the cost of restoration of any resulting damage. CLIENT grants the CONSULTANT the absolute right and permission to use photographs of this project in its promotional materials and publications. CLIENT understands that the photographs may be used in a publication, direct-mail piece, electronic media (e.g. video, CD-ROM, Internet/WWW), or other form of promotion. CLIENT releases CONSULTANT, its offices, employees, agents, and designees from liability for any violation of any personal or proprietary right CLIENT may have in connection with such use. Applicable Laws and Venue: Unless otherwise specified, this agreement shall be governed by the laws of the State of Florida. Venue for any claims or lawsuits will be in Brevard County, Florida. Initial here: BIS (CONSULTANT) (CLIENT) City of Vero Beach P.O. BOX 1389 VERO BEACH, FLORIDA 329614389 OFFICE OF THE NAGER OF PURCHASING April 1, 2008 Mr. Brad Smith Brad Smith Associates, Inc 2090 W Eau Gallie Blvd, Ste B Melbourne, Fl 32935 Re: Contract #1289, Professional Services Agreement For Landscape Architectural Dear Mr. Smith: The above contract will be expiring as of April 15, 2008. The City of Vero Beach would like to continue the subject contract on a month-to-month basis, until further notice. If you are in agreement to offer the present level of services on a month-to-month basis, please sign below and return this form to me at the above address. Please have your insurance company submit your most current insurance form, General Liability, Automobile Liability, Professional Liability and Worker Compensation, and ensure the City is named as additional insured, so that ytolur insurance remains rec nt according to City standards. 1 1 0,41-4 �►^ V e- ? c eS, d eA4 of Brad Smith Associates, Inc. am in agreement to extend th&'existing contract on a month-to-month basis with all of the same terms, conditions, special conditions, specifications and requirements of the original bid. Should you have any questions regarding this matter, please do not hesitate to contact me at 772- 978-5474 or fax 772-770-6860. Sincerely, Carol S. Shoaf, CPPB Contract Administrator Phone: (772) 978-5470 - Fax: (772) 770-6860 - E-mail: purchase@covb.org www.covb.org CITY OF 'VERO BEACH, FLORIDA PROFESSIONAL SERVICES MASTER AGREEMENT FOR LANDSCAPE ARCHITECTURAL THIS AGREEMENT, entered into thistt day of April 2003. by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation organized under the laws of the State of Florida, hereinafter "CITY," and Brad Smith Associates. Incorporated, a Florida Corporation. hereinafter referred to as "SERVICE PROVIDER." WITNESSETH: For and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and SERVICE PROVIDER agree as follows: CITY hereby retains SERVICE PROVIDER to supply services to CITY as required and specified by CITY from time to time. SERVICE PROVIDER shall provide any and all services encompassing and related to the SERVICE PROVIDER's professional discipline(s) as designated above and specified by CITY. This agreement, together with any attachments, which are incorporated herein, shall be referred to as the "MASTER AGREEMENT" and shall be implemented by and a part of separate supplemental agreements that shall be designated "WORK ORDERS." SERVICE PROVIDER agrees to supply the professional services to CITY for all phases of each project as specified and described in the individual WORK ORDERS and pursuant to this MASTER AGREEMENT. SERVICE PROVIDER shall serve as CITY's professional representative for the project set forth in each WORK ORDER and shall give professional advice to CITY during and related to performance of the services to be rendered under such WORK ORDER. SECTION I - SCOPE OF SERVICES AND SERVICE PROVIDER'S RESPONSIBILITIES A. GENERAL RESPONSIBILITIES. SERVICE PROVIDER agrees to provide professional services to CITY, including any and all services generally and typically encompassed by and a function of SERVICE PROVIDER'S professional discipline(s) and as more fully specified in connection with the project described in the applicable WORK ORDER(S). SERVICE PROVIDER shall use, in performing any and all services for CITY, the level of care, skill, and due diligence expected of and recognized by a reasonable, prudent and experienced professional in SERVICE PROVIDER's professional discipline(s), as the case may be, as being sound professional practice under similar conditions and circumstances. If SERVICE PROVIDER fails to possess and use such care, skill and due diligence in providing any and all professional services, SERVICE PROVIDER shall be responsible to CITY for any loss or damages resulting there from, except as monetarily limited by Section VII. C: DONWIXON1ContinuIng•Service-Contrad3WBradSmlth•41-03.doc Page 1 of 18 B. SPECIFIC RESPONSIBILITIES. 1. The specific services to be provided by SERVICE PROVIDER shall be defined in each individual WORK ORDER prepared and approved by CITY. Each WORK ORDER shall include the project description, the scope of services to be provided by SERVICE PROVIDER, CITY's responsibilities, the time of performance, and the method and amount of compensation. WORK ORDERS shall be dated and sequentially numbered, and approved by CITY prior to a notice -to -proceed order being issued. Each WORK ORDER shall be deemed to incorporate and be subject to this MASTER AGREEMENT. 2. SERVICE PROVIDER's work shall commence only upon written authorization in the form of a notice -to -proceed order issued by CITY separate from this MASTER AGREEMENT and any WORK ORDER. SERVICE PROVIDER shall endeavor not to duplicate any previous work done on a project. After issuance of a WORK ORDER and written authorization to proceed, SERVICE PROVIDER shall consult with CITY to clarify and define CITY's requirements for the project and review all available data. 3. SERVICE PROVIDER shall attend conferences with CITY's representatives upon request. 4. SERVICE PROVIDER shall obtain alI permits required for performance of the work necessary to complete the project described in the applicable WORK ORDER. 5. In order to accomplish the work described under this MASTER AGREEMENT and each WORK ORDER within the time frames and conditions set forth in this MASTER AGREEMENT and such WORK ORDERS, SERVICE PROVIDER agrees to observe the following requirements: (a) SERVICE PROVIDER shall maintain an adequate and competent staff of professionally qualified persons, including, but not limited to, licensed architects, licensed professional engineers, registered surveyors, draftsmen, qualified biologists, computer technicians, and other employees, as each project may require, throughout the performance of this MASTER AGREEMENT and each WORK ORDER so as to achieve acceptable and timely completion of each WORK ORDER and project. (b) SERVICE PROVIDER shall comply with all federal, state, and local laws applicable to each project. SERVICE PROVIDER will design each project and perform SERVICE PROVIDER's services in such a manner as to be in conformance with all applicable federal, state and local laws, including, but not limited to, the Florida Department of Transportation's Manual on Uniform Minimum Standards for the Design, Construction, and Maintenance of Streets and Highways (Green Book), latest edition, the St. Johns River Water Management District's rules, and all other applicable requirements. The sealing, if required, of all plans, reports and documents prepared by SERVICE PROVIDER shall be governed by the laws and regulations of the State of Florida and the requirements of all applicable regulatory agencies. C:IDOMMtXON1Continuing-Service-ContradstBrad-Smith-4-1-03.doc Page 2 of 18 (c) SERVICE PROVIDER shall prepare all sketches, drawings and completed application forms and documents needed for CITY's applications for any and all required project permits, including, but not limited to those from all federal, state, and local governments and agencies. (d) Upon request of CITY, SERVICE PROVIDER shall provide assistance to CITY in preparation of all project grant applications, documents and drawings, as well as assistance in grant administration and compliance. (e) SERVICE PROVIDER shall cooperate fully with CITY in order that all phases of the work may be properly scheduled and coordinated. CITY's representatives shall have the right to inspect the work of SERVICE PROVIDER at any time. (f) SERVICE PROVIDER shall send a complete preliminary set of construction plans to all city, state and federal regulatory agencies, from which a permit or other approval is required, prior to final approval of the project design by CITY. SERVICE PROVIDER will coordinate the project design with all such agencies. SERVICE PROVIDER shall contact all utility companies having installations in the vicinity. of the proposed work and consider relocation of utilities, if necessary. SERVICE PROVIDER will provide CITY with necessary information relative to required utility adjustments, relocations and installations and will show all utilities on the final design plans. (g) (h) SERVICE PROVIDER shall report the status of each WORK ORDER project to CITY upon request and hold all drawings, calculations and related work open to the inspection of CITY's representatives at any time, upon reasonable request. (i) SERVICE PROVIDER shall, upon request of CITY, make available on electronic digital media the documents, specifications, sketches, drawings and other data produced by SERVICE PROVIDER under this MASTER AGREEMENT and any WORK ORDER. SERVICE PROVIDER may charge only the actual cost of such electronic digital media copies. 6. SERVICE PROVIDER shall furnish additional copies of the drawings, specifications and contract documents as required by CITY for prospective bidders, materials suppliers, federal, state and local agencies from whom approval of the project must be obtained, and other interested parties, but may charge only for the actual cost of such copies. Upon award of any contract arising out of SERVICE PROVIDER's work, SERVICE PROVIDER shall furnish to CITY the number of sets requested by CITY of the project drawings, specifications and reports produced by SERVICE PROVIDER. The cost of these sets of documents is not included in the basic compensation paid to SERVICE PROVIDER, but will be paid as a direct expense pursuant to Section VI of this MASTER AGREEMENT. All original documents, including, but not limited to, survey notes, field books, tracings, and the like, including all items furnished to C:IDONWIXON1Continuing-Service•Contracts1Brad-Smith-4-1-03,doc Page 3 of 18 SERVICE PROVIDER by CITY pursuant to this MASTER AGREEMENT or any WORK ORDER, are and shall remain the property of CITY, and shall be delivered to CITY upon completion of the work or at CITY's request, whichever occurs first. 7. All drawings prepared by SERVICE PROVIDER shall be of sufficient detail to permit the actual location of the proposed improvements on the ground. Property surveys, property plats, and legal descriptions for easements and real property to be acquired shall also be furnished to CITY by SERVICE PROVIDER. Negotiation for all real property rights shall be accomplished by CITY, unless CITY specifically requests SERVICE PROVIDER to perform such services in a WORK ORDER. In such event, SERVICE PROVIDER shall be compensated for the additional services as provided in such WORK ORDER. 8. Any additional work for a projects permitting required by a regulatory agency pursuant to regulations established after the date of the applicable WORK ORDER shall be an additional service. CITY shall compensate SERVICE PROVIDER for such additional work in accordance with the provisions herein and the applicable WORK ORDER and in accordance with the fee schedule provided in such WORK ORDER or the WORK ORDER authorizing such additional work. SERVICE PROVIDER shall obtain approval from CITY prior to commencement of any such additional work. 9. If CITY proposes to construct the improvements in a phased manner, SERVICE PROVIDER shall prepare detailed master plan drawings as required by the applicable WORK ORDER 10. Compensation to SERVICE PROVIDER for services rendered shall be in accordance with each WORK ORDER, mutually agreed upon by SERVICE PROVIDER and CITY. Unless otherwise stated in this MASTER AGREEMENT or a WORK ORDER hereunder, all services provided for in this MASTER AGREEMENT or such WORK ORDER are included within the scope of basic compensation provided for in each particular WORK ORDER C. SPECIAL CONSULTANTS. SERVICE PROVIDER agrees to assist and advise CITY, in determination of the need for and selection of any special consultants for the project covered under each WORK ORDER. D. SUBCONTRACTORS. Before the employment of any subcontractor by SERVICE PROVIDER in performance of the work under this MASTER AGREEMENT or any WORK ORDER, SERVICE PROVIDER shall obtain approval of such subcontractor from CITY, which approval shall not be unreasonably withhold. Any such subcontractor employed by SERVICE PROVIDER shall be subject to and comply with all applicable provisions of this MASTER AGREEMENT and the applicable WORK ORDERs hereunder and SERVICE PROVIDER shall be responsible for insuring such compliance. E. DESIGNATED SERVICE PROVIDER REPRESENTATIVE. 1. REPRESENTATIVE AS TO MASTER AGREEMENT. SERVICE PROVIDER designates the following listed individual as SERVICE PROVIDER's representative, to C:IDONWIXON1ContInuing-Service-ContractstBrad-Smith-4-1-03.doc Page 4of18 represent SEF VICE PROVIDER in all matters pertaining to this MASTER AGREEMENT: Name: Brad Smith. ASLA Title: President Street Address: 1800 West Hibiscus Boulevard Mailing Address: Melbourne. Florida 3290I Telephone: (7721567-4285. extension 102 (3211724-9429, Facsimile: 2. REPRESENTATIVE AS TO WORK ORDERS. SERVICE PROVIDER shall designate in each WORK ORDER its representative for all matters pertaining to the performance of the work under such WORK ORDER together with such representative's address, telephone number and facsimile number. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein. SECTION II - CITY RESPO SIBILITIES A. DATA TO BE FURNISHED. CITY agrees to provide to SERVICE PROVIDER the following documents, material, and data as required in connection with the work to be performed and r this MASTER AGREEMENT and each WORK ORDER hereunder: 1. A copy of all available preliminary data or reports in the possession of CITY that are pe -tinent to the project, such as survey notes, existing location surveys, topogr phic surveys, and related documents. 2. A cop of all available drawings, right-of-way maps, and other documents in posses ion of CITY that are pertinent to the project. B. OTHER CITYIRESPONSIBILITIES. CITY shall be responsible for. 1. Acquiring all rights-of-way, easements and other rights in real property as necessary to complete the project described in the applicable WORK ORDER. 2. Makin;; provisions for SERVICE PROVIDER to enter upon public or private property as required for SERVICE PROVIDER to perform SERVICE PROVIDER's services. 3. Promptly executing all permit applications prepared and coordinated by SERV -CE PROVIDER needed to expedite the acquisition of any local, state or federal permits made necessary by the project described in the applicable WORK ORDER. 4. Those add itional CITY responsibilities as set forth in the terms of the applicable WORK Ol IDER issued pursuant to this MASTER AGREEMENT. C:IDONWIXON1Continuing-Service-Contracts\Brad-Smith-4-1-03.doc Page 5 of 18 C. DESIGNATED CITY REPRESENTATIVE. 1. REPRESENTATIVE AS TO MASTER AGREEMENT. CITY designates the following listed individual as CITY1s designated representative, to represent CITY in all matters pertaining to this MASTER AGREEMENT. Name: REX TAYLOR Title: Citv Manager/Utilities Director Street Address: 1053 20th Place Mailing Address: P.O. Box 1389 Vero Beach. Florida 32961-1389 Telephone: 772-978-4710 Facsimile: 772-778-3856 2. REPRESENTATIVE AS TO WORK ORDERS. CITY shall designate in each WORK ORDER its representative for all matters pertaining to performance of the work under such WORK ORDER together with such representative's address, telephone number and facsimile number. 3. Designated representatives and contact information may be changed by the giving of written notice as provided herein.. 4. Designation of CITY representatives notwithstanding, it is understood that final authority for CITY on all matters rests solely with the City Council and SERVICE PROVIDER acknowledges this fact. SECTION III - CHANGES AND ADDITIONAL WORK Any changes in the work or additional work necessitated by unforeseen conditions, or by changes to a project's plans or scope of the project due to requests of CITY after approval and acceptance of the plans and scope by CITY, shall be subject of and may commence only upon approval and issuance by CITY of an additional WORK ORDER and notice -to -proceed. Such change in the work or additional work shall be performed by SERVICE PROVIDER in accordance with the fee schedule provided in such WORK ORDER. SECTION IV - DURATION OF AGREEMENT A. MASTER AGREEMENT. This MASTER AGREEMENT shall be a continuing contract and remain in full force and effect for a period of five (5) years after the date of execution hereof or until completion of all project phases as specified by CITY, whichever occurs first, unless otherwise terminated pursuant to the terms of this MASTER AGREEMENT. B. WORK ORDER. Each WORK ORDER shall specify the time frames agreed to by CITY and SERVICES PROVIDER for services to be rendered under the WORK ORDER. C. ORDERLY AND CONTINUOUS PROGRESS. The provisions of this MASTER AGREEMENT and each WORK ORDER, unless stated otherwise, anticipate the orderly and continuous progress of each project. C:IDONWIXONICantinuing-Service-Contreets1Brad-Smith-4-1.03.dac Page 6 of 18 SECTION V - TERMINATION A. TERMINATION BY EITHER PARTY WITHOUT CAUSE. Either party shall have the right at any time to terminate this MASTER AGREEMENT in its entirety without cause, or to terminate any WORK ORDER without cause, provided that thirty (30) days prior written notice of the intent to terminate is delivered by certified mail or personal delivery to the designated representative of the other party. In the event that a WORK ORDER is being terminated, the terminating party shall identify the specific WORK ORDER being terminated and the specific WORK ORDER(S) to be continued to completion pursuant to the provisions of this MASTER AGREEMENT. This MASTER AGREEMENT shall remain in full force and effect as to all authorized WORK ORDERS that are to be continued to completion. B. DELIVERY OF DOCUMENTS. Upon termination of this MASTER AGREEMENT or any WORK ORDER by either party, SERVICE PROVIDER shall, within ten (10) days, or any extensions thereto as may be mutually agreed to by the parties, deliver or otherwise make available to CITY all documents, materials, files and electronic digital media, including, but not limited to, reports, drawings, plans, specifications, and other data and documents, that have been obtained, prepared or produced by SERVICE PROVIDER in performing services under this MASTER AGREEMENT and the pertinent WORK ORDER, regardless of whether the work on such documents and materials has been completed or is in progress. C. PAYMENT IN THE EVENT OF TERMINATION. In the event this MASTER AGREEMENT or any WORK ORDER is terminated by either party prior to final completion, SERVICE PROVIDER shall receive payment from CITY for the unpaid portion, if any, of SERVICE PROVIDER's services actually provided under this MASTER AGREEMENT and the applicable WORK ORDER to the date of termination, provided that SERVICE PROVIDER is not in default of any provision of this MASTER AGREEMENT or the applicable WORK ORDER SECTION VI - PAYMENTS TO SERVICE PROVIDER CITY agrees to pay and SERVICE PROVIDER agrees to accept, for services rendered pursuant to this MASTER AGREEMENT and any WORK ORDER hereunder, fees in accordance with the following conditions: A. PROFESSIONAL SERVICES FEE. 1. The basic compensation of SERVICE PROVIDER shall be mutually agreed upon by SERVICE PROVIDER and CITY prior to issuance of each WORK ORDER and shall be included in the WORK ORDER for review and approval by CITY. 2. SERVICE PROVIDER acknowledges that CITY is exempt from sales taxes and CITY shall not be invoiced for same. 3. Each WORK ORDER may be divided into units of deliverables or phases of work, including, but not limited to, reports, findings, drawings, drafts, or other work product, that must be received and accepted in writing by CITY's designated representative prior to approval of payment for such work. C:\DONWMXON1Continuing-Service-Contra cts\Brad-Smith-44-o3.doc Page 7 of 18 4. Fees and other charges for services shall be invoiced monthly or as otherwise provided in the applicable WORK ORDER. SERVICE PROVIDER shall submit duly certified and proper invoices for approval, in triplicate, to CITY's representative designated in the applicable WORK ORDER. Such invoices shall be reviewed by CITY and, if approved, shall be submitted to the CITY's chief disbursement officer for payment together with certification that the services invoiced have been rendered and that the services are in conformity with this MASTER AGREEMENT and the applicable WORK ORDER. In any case in which an improper invoice is submitted by SERVICE PROVIDER, CITY shall within ten (10) business days after such improper invoice is received by the designated CITY representative, notify SERVICE PROVIDER that the invoice is improper and indicate what corrective action on the part of SERVICE PROVIDER is needed to make the invoice proper. The payment due date for invoices shall be forty-five (45) days after a certified and proper invoice is received by the CITY's chief disbursement officer after approval by the appropriate CITY representative, or if required, approval by City Council. However, if CITY notifies SERVICE PROVIDER by such due date that CITY disputes the invoice or any portion thereof, the payment due date for such disputed invoice or portion shall be as provided herein for resolution of invoice payment disputes. Payment of any undisputed invoice or undisputed portion of an invoice not made by CITY to SERVICE PROVIDER by the due date shall begin to bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. SERVICE PROVIDER must invoice CITY for any interest accrued in order to receive the interest payment. 6. In the event a dispute occurs between CITY and SERVICE PROVIDER concerning payment of an invoice, such disagreement shall be resolved by the Director of CITY's Department having responsibility for the applicable WORK ORDER. The Department Director shall proceed, not later than forty-five (45) days after the date on which a proper invoice was received by CITY, to resolve the dispute by good faith consultation with SERVICE PROVIDER and CITY's representative(s) and such proceeding shall be concluded by final decision not later than sixty (60) days after the date on which a proper invoice was received by CITY. CITY shall pay SERVICE PROVIDER the amount agreed between the parties as proper for the invoice or, if agreement cannot be reached, the amount determined by the Director to be proper for the invoice. Such payment shall be less any amounts previously paid by CITY with respect to such invoice. In the event that SERVICE PROVIDER disputes the decision of the Director, SERVICE PROVIDER shall appeal such decision as provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived and the Director's decision shall be final. 7. If an invoice payment dispute is resolved in favor of CITY, then interest charges shall begin to accrue fifteen (15) days after CITY's final decision. If such dispute is resolved in favor of SERVICE PROVIDER, then interest shall begin to accrue as of the original date the payment became due, which due date shall be calculated as forty-five (45) days from the appropriate date provided in Section 218.73, Florida Statutes, as it may be amended. C:IOONWIXOMConUnuing-Service-Contracts'9rad-Smith-4-1-03.doc Page 8 of 18 8. In the event it is determined that CITY has overpaid an invoice, SERVICE PROVIDER shall refund to CITY the amount of such overpayment within forty- five (45) days of such determination. If the overpayment is not refunded by SERVICE PROVIDER within that time, such overpayment shall begin to bear interest from thirty (30) days after such refund due date at the rate of one percent (1%) per month on the unpaid balance. 9. The due date and treatment of invoices for construction services, as defined in Section 218.72, Florida Statutes, if applicable, shall be as provided in Section 218.735, Florida Statutes, as those sections may be amended. 10. In order for both parties to close their books and records, SERVICE PROVIDER shall clearly state "Final Invoice" on SERVICE PROVIDER's final billing to CITY for each WORK ORDER, as applicable. SERVICE PROVIDER shall submit with such Final Invoice certification that all services under the applicable WORK ORDER have been performed and that all charges and costs have been invoiced to CITY, together with a list of all subcontractors and suppliers providing goods or services under the applicable WORK ORDER and certification that all such subcontractors and suppliers have been fully paid. No Final Invoice shall be approved for payment until SERVICE PROVIDER has fully complied with this provision. B. DIRECT PROJECT EXPENSES. "DIRECT PROJECT EXPENSES" means actual expenses incurred in connection with a Project as described in paragraphs 1 through 4 below. CITY agrees to pay DIRECT PROJECT EXPENSES as follows: 1. Soil Survey. CITY shall make direct payment to the approved soil laboratory for soil survey work approved by CITY in writing, that is necessary in furtherance of the project. 2. Printing and Reproduction. CITY shall make direct payment to SERVICE PROVIDER for the properly documented cost of printing and reproduction. The maximum cost allowed per blueprint shall be SI.00 per sheet and for each mylar or sepia shall be 54.00 per sheet, unless otherwise specified in the WORK ORDER. 3. Per Diem and Travel Expenses. CITY shall reimburse SERVICE PROVIDER the actual cost of all properly documented travel related expenses in accordance with rates and rules established by Chapter 1I2, Florida Statutes, including, but not limited to, meals, lodging, and transportation necessary for project related work accomplished away from SERVICE PROVIDER's office. 4. Recordine. Permit Fees. Other Exnenses. CITY shall reimburse SERVICE PROVIDER for the actual cost of properly documented recording, permit fees and other project expenses that are not included within SERVICE PROVIDER's basic compensation as provided in the applicable WORK ORDER. C. TRUTH -IN -NEGOTIATION CERTIFICATION. In accordance with Florida Statutes Section 287.055(5Xa), for any lump -sum or cost -plus -a -fixed -fee professional service authorized by a WORK ORDER issued pursuant to this MASTER AGREEMENT in C:IDO MNIXONMContintilng-Service-Contra ctslerad•Smith-4-1-43.doc Page 9 of 18 which the fee is over the threshold amount provided in Florida Statutes Section 287.017 for Category Four, as it may be amended, SERVICE PROVIDER hereby certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of said WORK ORDER. The original contract price set forth in said WORK ORDER and any additions thereto will be adjusted to exclude any significant sums by which CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the pertinent WORK ORDER. SECTION VII - INSURANCE AND INDEMNIFICATION (As revised 02/13/02) A. GENERAL INSURANCE REOUIREMENTS (TYPE In. Before starting and until acceptance of the work by CITY, SERVICE PROVIDER shall procure and maintain insurance of the types and to the minimum limits specified below. SERVICE PROVIDER shall require each of its subcontractors to procure and maintain, until completion of that subcontractor's work, insurance of the types and to the limits specified below. It shall be the responsibility of SERVICE PROVIDER to ensure that all its subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors. CITY reserves the right to request proof of subcontractor's insurance from SERVICE PROVIDER. B. COVERAGE. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Workers' Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. Companies with three (3) or fewer employees shall be required to have workers' compensation coverage meeting the minimum requirements of this section. In addition, the policy must include: (a) (b) Employer's Liability with a limit of $100,000 each accident and disease. Notice of Cancellation and/or Restriction: The policy must be endorsed to provide CITY with thirty (30) days prior notice of cancellation and/or restriction. (c) If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 2. Commercial General Liabilitv. Coverage must be afforded in a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and must include: (a) Minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. C:IDONWIXONIConttnutng-Service-ContractslBrad-Smith.4-1-03.doc Page 10 of 18 (b) Premises and Operations. (c) Independent Contractors. (d) Products and Completed Operations. SERVICE PROVIDER shall maintain in force until at least three years after completion of all services required under this MASTER AGREEMENT and any WORK ORDER hereunder, coverage for products and completed operations, including Broad Form Property Damage. (e) (f) (8) Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. Additional Insured. CITY shall be specifically included as an additional insured for any liability of CITY resulting from operations performed by or on behalf of SERVICE PROVIDER in performance of this MASTER. AGREEMENT and any WORK ORDER hereunder and for liability of CITY for acts or omissions of CITY in connection with the general supervision of such operations. SERVICE PROVIDER's insurance, including that applicable to CITY as an additional insured, shall apply on a primary basis and any other insurance maintained by CITY shall be in excess of and shall not contribute with SERVICE PROVIDER's insurance. SERVICE PROYIDER's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide CITY with thirty (30) days prior notice of cancellation and/or restriction. (h) Coverage on an occurrence basis. 3. Business Auto Policy. Coverage must be afforded in a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: (a) Minimum Limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. (b) Owned Vehicles. (c) Hired and Non -Owned Vehicles. (d) Notice of Cancellation and/or Restriction. The policy must be endorsed to provide CITY with thirty (30) days prior notice of cancellation and/or restriction. (e) Additional Insured. CITY shall be specifically included as an additional insured. SERVICE PROVIDER's insurance, including that applicable to C:IDOMNIXON1ContlnulnUServica-Cont acblDonadio,Associates-4-1-03.doc Page 11 of 18 CITY as an additional insured, shall apply on a primary basis and any other insurance maintained by CITY shall be in excess of and shall not contribute with SERVICE PROVIDER's insurance. SERVICE PROVIDER's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Named Insured in the same manner as if separate policies had been issued to each. 4. Builder's Risk. When this MASTER. AGREEMENT or any WORK ORDER hereunder includes construction of and/or additions to above ground buildings or structures, Builder's Risk coverage must be provided as follows: (a) Form - All Risk Coverage. Coverage is to be no more restrictive than that afforded by the latest edition of the Insurance Services Office form. (b) (c) Amount of Insurance is to be 100% of the completed value of such additions(s), buildings(s) or structure(s). Waiver of Occupancy Clause or Warranty. Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), additions(s) or structure(s) will not be occupied by CITY. (d) Maximum Deductible - 55,000 each claim. Higher deductibles are only permitted subject to CITY approval. (0) (f) (g) Additional Insured. CITY must be included as an additional insured. Notice of Cancellation and/or Restriction. The policy must be specifically endorsed to provide CITY with thirty (30) days prior notice of cancellation and/or restriction. Flood Insurance. When the buildings or structures are located within an identified special flood hazard area, flood insurance protecting the interest of SERVICE PROVIDER and CITY must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Insurance Program. 5. Installation Floater. When this contract includes the installation of machinery and/or equipment into an existing structure, the following insurance coverage must be afforded on that machinery and/or equipment. (a) Form. "All Risk" including installation and transit. (b) Amount of Insurance. 100% of the "installed replacement cost value." (c) Valuation. 100% of the "installed replacement cost value." (d) Cessation of Insurance. Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. C:IDOMMXON\ConUnuingSenrice-Contras stBrad-Smith-4-1-o3.doc Page 12of18 (e) Maximum Deductible. $5,000 each claim. (0 Additional Insured. CITY must be included as an additional insured. (g) Notice of Cancellation and/or Restriction. The policy must be specifically endorsed to provide CITY with thirty (30) days prior notice of cancellation and/or restriction. (h) Flood Insurance. When the machinery or equipment are located within an identified special flood hazard area, flood insurance protecting the interest of SERVICE PROVIDER and CITY must be afforded for the lesser of the total insurable value of such buildings, structure, machinery and equipment or, the maximum amount of flood insurance coverage available under the National Flood Insurance Program. (NOTE: IT IS NOT NECESSARY THAT CONSULTANT PROVIDE BOTH A BUILDER'S RISK AND INSTALLATION FLOATER IF THE WORK ORDER/AGREEMENT INCLUDES CONSTRUCTION OF AND/OR ADDITIONS TO ABOVE GROUND BUILDINGS OR STRUCTURES, BUILDER'S RISK COVERAGE, BUT NOT INSTALLATION FLOATER COVERAGE, MUST BE PROVIDED. WHEN THE WORK ORDER/AGREEMENT INCLUDES THE INSTALLATION OF MACHINERY AND/OR EQUIPMENT INTO AN EXISTING STRUCTURE, BUT DOES NOT CONTEMPLATE CONSTRUCTION OF OR ADDITION TO THE STRUCTURE ITSELF, ONLY THE INSTALLATION FLOATER COVERAGE MUST BE PROVIDED). 6. professional Liability. SERVICE PROVIDER shall maintain in force, during the duration of this MASTER. AGREEMENT and any WORK ORDER hereunder, and for a period of three (3) years following completion and acceptance of the work performed, standard professional liability insurance providing coverage for negligent acts, errors and omissions committed by SERVICE PROVIDER Such coverage shall be in the minimum amount of 51,000.000.00 per claim/annual aggregate. Such insurance shall extend coverage to loss of interest, earnings, profit, use and business interruption, cost of replacement power, and any other special, indirect and consequential damages. C. CERTIFICATES OF INSURANCE. Certificates of insurance evidencing the insurance coverage specified in the previous paragraphs shall be filed with CITY before operations are begun. The required certificates of insurance not only shall name the types of policies provided, but also shall refer specifically to this MASTER AGREEMENT and section and the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this MASTER AGREEMENT. If the initial insurance expires prior to the completion of the work, renewal certificates of insurance and required copies of policies shall be furnished thirty (30) days prior to the date of their expiration. D. INDEMNIFICATION, SERVICE PROVIDER will indemnify and hold harmless CITY, its departments, elected officials, officers, employees and agents, from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees and costs through trial and appeal, to the extent caused by the negligence, C: DONWIXON Continuing-ServiceeContractslBrad-Smih-41-03.doc Page 13 of 18 recklessness, or intentional wrongful conduct of SERVICE PROVIDER and other persons employed or utilized by SERVICE PROVIDER in the performance of this MASTER AGREEMENT and any WORK ORDER hereunder or arising out of the violation of any law or regulation by SERVICE PROVIDER or persons employed or utilized by SERVICE PROVIDER. SECTION VIII - ACCESS TO RECORDS/AUDIT RIGHTS SERVICE PROVIDER shall maintain books, records, documents, time and costs accounts and other evidence directly related to its performance of services under this MASTER AGREEMENT and WORK ORDERS hereunder. All such time records and cost data shall be maintained in accordance with generally -accepted accounting principles. SERVICE PROVIDER shall also maintain the financial information and data necessary to determine overhead rates in accordance with the requirements of federal and state regulatory agencies and this MASTER AGREEMENT. CITY's representatives shall have access upon request to such books, records, documents, time and costs accounts and other evidence for inspection, auditing and copying. Any such inspection, auditing and copying shall be at CITY's expense. SERVICE PROVIDER shall maintain and allow access to the records required under this section for a period of three (3) years after completion of the services provided under this MASTER AGREEMENT and date of final payment for such services, or date of termination of this MASTER AGREEMENT as provided herein. For each project and WORK ORDER hereunder, SERVICE PROVIDER will maintain separate accounting records that will include, but not be limited to, timecards, job cost records, invoices, and all other such data necessary to identify project and WORK ORDER costs. Said records will be made available to CITY'S representatives for inspection, auditing and copying at SERVICE PROVIDER'S office upon request and at CITY's expense. SERVICE PROVIDER shall allow public access to all documents, papers, letters, and other material that is subject to the provisions of Chapter 119, Florida Statutes, and made or received by SERVICE PROVIDER in conjunction with this MASTER AGREEMENT or any WORK ORDER hereunder. SERVICE PROVIDER shall immediately inform CITY of any and all public records requests made to SERVICE PROVIDER and coordinate with CITY the SERVICE PROVIDER's compliance with such request. SECTION IX - OWNERSHIP AND REUSE OF DOCUMENTS A. OWNERSHIP OF DOCUMENTS. It is understood and agreed by the parties hereto that all documents and materials, including, but not limited to, reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and any other data used, developed or produced by SERVICE PROVIDER or at SERVICE PROVIDER's direction for the purpose of this MASTER AGREEMENT and any WORK ORDER hereunder, shall become the property of CITY and shall be made available by SERVICE PROVIDER at any time upon request of CITY's representatives. When all work contemplated under this MASTER AGREEMENT or any WORK ORDER is complete, all of such documents shall be delivered to CITY's designated representative. B. REUSE OR PUBLICATION OF DOCUMENTS. All documents, including, but not limited to, drawings and specifications, prepared or produced by SERVICE PROVIDER for a specific project pursuant to this MASTER AGREEMENT and any WORK ORDER, C:IDONWIXONIContinuing-service-ContractsSradSmIth-4-1-03.doc Page 14 of 18 are related exclusively to the services described in this MASTER AGREEMENT and the WORK ORDER(S) for such project Unless otherwise provided in a WORK ORDER or other supplemental agreement, they are not intended or represented to be suitable for reuse by CITY or others on extensions of the subject project or on any other project and any such utilization or adaptation shall entitle SERVICE PROVIDER to additional compensation at a rate to be agreed upon by CITY and SERVICE PROVIDER SERVICE PROVIDER shall not be liable for any reuse of the documents unless such reuse is intended by the WORK ORDER or the reuse is agreed to by the parties hereto. SERVICE PROVIDER shall not be liable for any modifications made to the documents by other than SERVICE PROVIDER or anyone directly or indirectly employed by SERVICE PROVIDER. Any documents provided to, prepared or assembled by SERVICE PROVIDER and SERVICE PROVIDER's subcontractors under this MASTER AGREEMENT and any WORK ORDER hereunder shall be kept solely as property of CITY and shall not be made available to any individual or organization without the prior written approval of CITY. SERVICE PROVIDER shall not publish any information or documents concerning a project under this MASTER AGREEMENT or any WORK ORDER without the written consent of CITY. SECTION X - NOTICES All notices, certificates, reports, requests, demands, materials and any other communications hereunder or pursuant to any WORK ORDER shall be in writing and deemed to have been duly given (i) upon delivery (personally, by courier service such as FedEx or by other messenger) to the address of the appropriate party's designated representative as set forth in the applicable WORK ORDER; or (ii) upon receipt as evidenced by the appropriate form of the United States Postal Service after mailing by United States registered or certified mail, return receipt requested, postage prepaid to such address; or (iii) upon mailing if such registered or certified mail is refused by the recipient or returned unclaimed to the sender. SECTION XI - PROHIBITION AGAINST CONTINGENT !rI ES In accordance with Section 287.055(6xa), Florida Statutes, SERVICE PROVIDER warrants that SERVICE PROVIDER has not employed or retained any company or person, other than a bona fide employee working solely for SERVICE PROVIDER, to solicit or secure this MASTER AGREEMENT or any WORK ORDER hereunder and that SERVICE PROVIDER has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for SERVICE PROVIDER, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this MASTER AGREEMENT or any WORK ORDER hereunder. For breach or violation of this provision, CITY shall have the right to terminate this MASTER AGREEMENT and any WORK ORDER hereunder without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. SECTION XII - REMEDIES Any remedies provided in this MASTER AGREEMENT or any WORK ORDER shall be deemed cumulative and additional and are not in lieu of or exclusive of each other or of any other rights or remedies any party hereto otherwise has by law, equity or statute. In any action arising under this MASTER AGREEMENT or any WORK ORDER issued hereunder, the prevailing party is entitled to recover a reasonable fee for the services of the prevailing party's attorney through trial and appeal, in an amount to be determined by the court, together with the prevailing party's costs of the action. In the event C:1DONWIXOMConUnuingServIoe-ContractstBrad-Smith-4-1-03.doe Page 15 of 18 each party shall partially prevail in such action, costs and reasonable attorneys' fees shall be equitably apportioned between the parties by the court. SECTION XIII — RIGHT OF DECISION SERVICE PROVIDER shall perform all project services and work to the satisfaction of the Director of CITY's Department having authority over the prosecution of the work contemplated by the WORK ORDER, which Director shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this MASTER AGREEMENT and the subject WORK ORDER and according to the prosecution and fulfillment of the services and work there under, and the character, quality, amount and value of such services and work. Such Director's decision upon all claims, questions and disputes shall be final, conclusive and binding upon the parties. In the event that SERVICE PROVIDER disputes a decision of such Director upon any matter, SERVICE PROVIDER shall appeal the disputed decision in the manner provided in the Code of Ordinances of the City of Vero Beach or such dispute shall be deemed waived. SECTION XIV - i,i+ x mi AGREEMENT, VALIDITY, APPLICABLE LAW, VENUE This MASTER AGREEMENT, together with all WORK ORDERS subsequently issued hereunder by CITY, shall embody the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged into this MASTER AGREEMENT and such WORK ORDERS. The parties hereto and their respective legal counsel participated, or the parties hereto were given the opportunity to have their legal counsel participate in the preparation of this MASTER AGREEMENT and each WORK ORDER hereunder, therefore, this MASTER AGREEMENT and each WORK ORDER issued hereunder shall be construed neither against nor in favor of any party hereto, but rather in accordance with the fair meaning thereof Neither this MASTER AGREEMENT nor any WORK ORDER issued hereunder may be amended, modified, changed, or supplemented in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, modification, change or supplement is sought. The failure of any party at any time or times to require performance of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall in no manner affect such party's right to enforce the same. A party may waive a provision of this MASTER AGREEMENT or any WORK ORDER hereunder only in a signed writing specifically stating what is waived. The waiver by any party of any breach of any provision of this MASTER AGREEMENT or any WORK ORDER hereunder shall not be construed to be a waiver by any such party of any succeeding breach of that provision or any other provision. The invalidity, illegality or unenforceability of any provision or provisions of this MASTER AGREEMENT or any WORK ORDER hereunder will not affect any other provision of this MASTER AGREEMENT or such WORK ORDER, which shall remain in full force and effect, nor will the invalidity, illegality or unenforceability of a portion of any provision of this MASTER AGREEMENT or any related WORK ORDER affect the balance of such provision. In the event that any one or more of the provisions contained in this MASTER AGREEMENT or any WORK ORDER hereunder or portion thereof shall for any reason be finally held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, this MASTER AGREEMENT and any such WORK ORDER shall be C:1DONW1X0NIContinuing-Service-ContractslBrad-Smith4-1-03.doc Page 16 of 18 reformed, construed and enforced as if such invalid, illegal or unenforceable provision had never been contained therein. The title of this MASTER AGREEMENT and any WORK ORDER hereunder and the section and paragraph headings contained in this MASTER AGREEMENT and such WORK ORDER are not substantive parts of this MASTER AGREEMENT or such WORK ORDER and shall not expand, limit or restrict this MASTER AGREEMENT or such WORK ORDER in any way. This MASTER AGREEMENT and any WORK ORDER hereunder, regardless of where executed, shall be governed by and construed according to Florida law. The parties agree that venue for resolution of any dispute arising hereunder shall only be in Indian River County, Florida. This MASTER AGREEMENT and any WORK ORDER hereunder may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. i1N WITNESS WHEREOF, the parties hereto have executed this MASTER AGREEMENT as of the date first written above. PROFESSIONAL SERVICES PROVIDER: WI1 MESSED BY: Sign: Print: Z41A0.3 140 -it. hezberseA Sign: Print: STATE OF COUNTY OF Brad ith ri saeiates,Incorporated BY: Sign: Print: Title: Sign: Print: .��i; ((x �� �h iy-►'t Title: ye c fit f'tnec f vte /� ,,The foregoing instrument ��was �� acknowledged before me this/©�`1'day of f J ,) , 20 by 3�,1IM4 !. 5/271* extilegskfriat4 akat..1 of J,(zd,irn ibielieS_ .1 i&' . , who 4.4e. 'personally known to m) OR presented as identification; and who did not take an oath. �. st,.anwu�wr • . "Convoission natet;rn ikr Or EON F.tnu.y 1a.7007 NOTARY PUBLIC Print hAR&,c) /4 State of Florida at Large seal) Commission No.: z� l'$173 My Commission Expires: .2J /O7 CADON MxON1ContinuingService-Contracts1Brad-Smfth--1-03.doc Page 17 of I8 CITY OF VERO BEACH, FLORIDA: ATI 1...ST: Sign: Print ammy K. Title: City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH BY: Sign: Print Title: Mayor Th foregoing instrument was acknowledged before me this 14 day of •-471;Iki , 20(0 , by\-SCIrKlea L- , as Mayor, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. They are both known to me and did not take an oath. Approved as to form and legal sufficiency: Qty Attorney c2.9.0SL, CMONVVIXONIContinulng-Sentice-Contractsaad-SmIth-4-1-03.doc Commission No.: My Commission Expires: Approved as conforming to municipal policy: Page 18 of 18 Meeting Type: Regular Meeting Date: 10-07-08 AGENDA Heading Considerations Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL 15 SUBJECT: CONSIDERATION: RIDGEWOOD AVENUE STREETSCAPE PROJECT, FINAL DESIGN, BID AND CONSTRUCTION SERVICES. DEPT./ DIVISION: PUBLIC WORKS / STREETS / BEAUTIFICATION Requested Action: City Council to consider the approval of the Final Design, Bid and Construction Phases of the Ridgewood Avenue Streetscape Project in the amount of $49,310.20 as recommended by the Beautification Board. Summary Explanation & Background: The contract is with GreenBlades of Central Florida, Inc. with Brad Smith & Associates as the subcontractor. Project was placed on hold due to uncertainty of Property Tax Reform. The scope of this project is the Ridgewood Avenue Public Right -of -Way from 1/2 block south of Johnson Avenue to the north end of Central Boulevard. This is a budgeted item and I recommend approval. Exhibits Attached: Public Works Director's Memo; Beautification Board Memo; Work Order #1; 2006 Approved Task City Mana • - ' Office Department PUBLIC WORKS / STREETS / BEAUTIFICATION To: From: Date: RE: Bennett Boucher — City Manager Walter Bandish — Public Works Director September 15, 2008 Agenda Item for October 7, 2008 Council Meeting Ridgewood Avenue Beautification Project The City Council of the City of Cape Canaveral (City) in a public meeting held on July 24, 2008, elected to move forward with the Ridgewood Avenue Beautification Project. The Beautification Board also recently reviewed the project and agreed that the project should continue forward to completion. Greenblades of Central Florida, Inc. (Greenblades) and their subcontractor, Brad Smith Associates, Inc., previously prepared design phase drawings (40% completion) for the project. This current request is for funds to fully complete the design phase drawings (100%). The City will be using the existing contract with Greenblades as a contract mechanism. A project cost estimate to complete the project (design phase) as prepared by Greenblades is attached. Recommendation: City staff recommends approval of funding for the project in the amount of $49,310.20 to Greenblades of Central Florida, Inc. Funds for the work are from the following: General Fund — (001-9000). CITY OF CAPE CANAVERAL PUBLIC WORKS MEMO TO: Bennett Boucher, City Manager Susan Stills, City Clerk FROM: Walter Bandish, Public Works Director SUBJECT: Proposed Ridgewood Avenue Project DATE: September 10, 2008 At the September 9, 2008 Beautification Board Meeting, the board reviewed the current drawings for the proposed Ridgewood Avenue Beautification Project. After discussing their previous issues, the board agreed that the plans were acceptable and that they recommend going forward with no addition comments. Thank -you. Wafter Bandish Public Works Director ‘44"degl WORK ORDER #1 Under the MASTER CONSULTING AGREEMENT Between Brad Smith Associates, Inc. (hereinafter referred to as CONSULTANT) And The City of Cape Canaveral 105 Polk Avenue Cape Canaveral , FL 32920 (hereinafter referred to as CLIENT) 7/28/08 This proposal shall remain valid for a period of 90 -days from the date noted above. PROJECT NAME AND LOCATION: Ridgewood Ave. Construction Documents (Remobilization) Project is located within the Ridgewood Ave. right-of-way, from the southern City limits (1/2 block south of Johnson Ave. on the east side of Ridgewood; and from the Johnson Ave. intersection on the west side of Ridgewood) to Central Blvd. at the north end. CLIENT'S GENERAL GOALS: The CLIENT's goals and objectives for the development of the project, based on initial discussions with the CLIENT are as follows: 1. Establish a high-quality "benchmark" for streetscape projects in the City of Cape Canaveral through completion of the Ridgewood Ave. Streetscape. 2. Coordinate with Stottler Stagg and Associates, Inc. (SSA), working under separate Agreement with the City of Cape Canaveral (CLIENT), regarding survey requirements, civil engineering considerations, and other such project matters. SCOPE OF BASIC SERVICES: PROJECT PLANNING PHASE: Conduct a City Council workshop session (or alternatively, make a presentation during a regularly scheduled Council meeting). The purpose of the workshop session shall be to: 1. Identify design alternatives for the City Council to consider. At present, issues requiring clarification from the Council include: A. The extent of lighting coverage B. The type of bus shelter to be included C. The type and extent of landscape and irrigation coverage proposed D. Elimination of decorative monuments and/or other signs E. Elimination of decorative paving at intersections F. Repairing stormwater inlets to existing conditions only (an SSA item) 2. Receive specific direction from City Council regarding approved alternatives to be included in the design of the project. Agreement - 1 On the basis of the Council workshop, prepare an outline of specific goals and objectives which address any other issues of concern, or potential problem areas. Present the finalized list of goals and objectives for the development of the project to the CLIENT for review and comment. It should be noted that the outline of goals and objectives (the Program) will be prepared by the CLIENT and the CONSULTANT working together. Once completed, the Program shall be used throughout the design process to provide a clear understanding of CLIENT expectations. CONSTRUCTION DOCUMENTS PHASE: On the basis of the approved Program, and the approved 30% design drawings, prepare final construction drawings, incorporating review comments received from the CLIENT at the 30% design review, and comments from the Council workshop. 1. Final landscape drawings shall include plant schedule with botanical and common names, plant size specifications, and any required calculations. 2. Technical Specifications (Division 2) for landscape and irrigation work shall be prepared and placed in drawing format. 3. Irrigation drawings shall be prepared to provide 100% automatic coverage to all landscaped areas, taking into account the proposed plant material watering requirements, and soil conditions. 4. Technical Specifications (Division 2) for landscape and irrigation work shall be prepared and placed in drawing format. 5. Final hardscape drawings shall depict the architectural appearance scheme of the wall and entry features and shall indicate grading relative to a fixed point of reference such as top of curb. A CADD file will be provided for layout and dimensioning data (construction stakeout by surveyor). (Note: hardscape is defined as all non -plant elements of the landscape, such as masonry and wood construction, walkways, etc.) 6. Proposed site furnishings such as benches, pots, trash receptacles, ash urns, etc. shall be indicated on the hardscape drawings by type and location. 7. Site lighting drawings shall indicate proposed site lighting fixture locations and types. Electrical engineering will be by SSA under separate agreement with the City. Prepare final opinion of probable landscape, hardscape and irrigation construction costs. GRAPHIC DESIGN PHASE: Prepare illustrative color rendering of the CLIENT -approved design concept in digital format. Note: reproduction and plotting shall be handled as reimbursable expenses. CLIENT shall provide an order request for the number of reproductions required (if any). MEETINGS: The following are the meetings included in this scope of services and required to support the program: 1. Meeting #1: Project "kick-off" meeting with CLIENT and the SSA Project Manager to review project direction. Project schedule shall also be discussed during this meeting. Agreement - 2 2. Meeting #2: Project coordination teleconference with the City Manager, and Public Works Director in preparation for the City council workshop. 3. Meeting #3: Presentation meeting to the City Council. 4. Meeting #4: Project coordination meeting with the City Manager and Public Works Director to review the 30% Design Phase work, and the Program. Comments will be received, and authorization will be provided for the CONSULTANT to proceed with the final construction documents (incorporating the CLIENT's review). 5. Meeting #5: Review meeting with City Manager, Public Works Director, and SSA Project Manager to present pre -final construction drawings and specifications (90% complete), and the CONSULTANT's final opinion of probable landscape, hardscape, and irrigation construction costs. Review comments will be received, and these will be incorporated into the final set of construction documents. It is anticipated that this number of meetings will be adequate for the project; however, if additional meetings are required, the cost will be considered as additional services to be billed on an hourly basis. BIDDING PHASE: Prepare landscape, hardscape, and irrigation bid breakdown form, and prepare a list of pre- qualified landscape contracting firms. Review bids for landscape and irrigation construction received by CLIENT. Make recommendation to CLIENT regarding award of Contract for Construction. CONSTRUCTION PHASE: The CLIENT recognizes that construction review is a vital element of a Landscape Architect's complete service, provided to minimize problems during construction. Should the CLIENT for any reason not retain the CONSULTANT to review construction, the CLIENT waives any claim against the CONSULTANT, and agrees to indemnify, defend and hold the CONSULTANT harmless from any claim or liability for injury or loss arising from problems during construction that allegedly result from findings, conclusions, recommendations, plans or specifications developed by the CONSULTANT. Upon authorization by the CLIENT, provide any or all of the optional hourly services listed below: Observe the work of the contractor on an intermittent basis not to exceed a total of eight (8) site visits as requested by CLIENT to observe work progress and to determine if the construction is proceeding in general accordance with the contract documents. Notify the CLIENT of observed deficiencies in the work. Review and approve: A. Shop drawings and samples. B. Results of tests and inspections. C. Other data which the contractor or subcontractors are required to submit. Monitor contractor's progress relative to established schedules and report status to CLIENT by preparing field reports for each site visit. Agreement - 3 Project close out shall begin upon notice from the contractor that his work, which is believed to be acceptable to the CLIENT, is substantially complete and in general accordance with the contract documents. At this point in time, the CONSULTANT shall conduct a walk-through with the CLIENT's representative to verify that the work conforms to the contract documents, and to establish a "punch list" of items to be completed or corrected. Upon notice by the contractor that the "punch list" has been completed, and that the work is ready for final inspection and acceptance, the CONSULTANT shall conduct a walk-through to verify "punch list" completion for final acceptance of the work by the CLIENT. If deficiencies are found, these will be itemized and a follow up walk-through will be made to verify final completion of the work. Visits for the purpose of project close out as described above, are included in the eight (8) site visits indicated above. FEE ARRANGEMENT: The CLIENT agrees to pay the CONSULTANT for professional services as follows: A lump sum of Forty Eight Thousand, Six Hundred Nineteen Dollars ($48,619.00), payable as follows: A non-refundable remobilization fee (down payment) of $3,333.25 shall be paid to the CONSULTANT at the time of authorization to proceed with the work.* The balance shall be paid on the basis of the CONSULTANT's estimated percentage of completion according to the following schedule of values: Remobilization Fee* $3,333.25 Planning Phase $2,750.00 Construction Documents Phase $32,910.75 Bidding Phase Services $900.00 Construction Phase Services $8.725.00 Total Fixed Fee Amount: $48,619.00 Invoices for the CONSULTANT's services shall be submitted on a monthly basis for percentage of completion. The above fee does not include Reimbursable Expenses (out-of-pocket expenses, such as mileage, reproduction, couriers, and telephone/facsimile), which will be billed separately. An Allowance of $691.20 is included to cover the cost of reimbursable expenses. Maximum Contract Amount (Fixed Fee plus Reimbursable Expense Allowance): $49,310.20 Agreement - 4 SPECIFIC ASSUMPTIONS: CONSULTANT represents to the CLIENT that in developing this Scope of Work, assumptions have been made, and that deviation from assumptions identified within this proposal may require additional expenditures on behalf of the CLIENT to the CONSULTANT. Assumptions not already mentioned herein are as follows: 1. The CLIENT will furnish, at the CLIENT'S expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The CONSULTANT may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. CLIENT will provide all necessary base information (in .DWG format), including, but not limited to: A. Edge of pavement, driveways, sidewalks, and other fixed site improvements. B. Signs and Tight fixtures. C. Existing tree locations. 2. CLIENT shall provide an overall project budget, and will identify funding sources for each project component. 3. This Agreement incorporates all outstanding work previously provided by the CONSULTANT as a sub-consultant through separate Agreement with Greenblades of Central Florida (that which was in the scope of services, but was never completed due to the project being delayed by the City). This includes the main design Agreement for preparation of construction documents, and Additional Service Authorizations #1, #2, and #3. 4. No additional exhibits will be required to be prepared to illustrate "conflicts" between existing and proposed conditions (Previous ASA #2). 5. Final construction drawings shall be prepared using DWG file previously prepared by SSA as a base map. No base map changes are anticipated to be required. 6. SSA will prepare an opinion of probable construction costs for stormwater and utilities work. 7. SSA shall be responsible for all site civil engineering work (grading, paving, drainage, and utilities). 8. All structures shall be specified as pre-manufactured makes and models. Manufacturer shall provide shop drawings, signed and sealed by a Florida-registered structural engineer, for building department review and approval. Engineer shall certify shop drawings for windload requirements as applicable under the Florida Building Code. 9. The intent of the Construction Documents Phase services is to complete final landscape and irrigation construction documents, which will become the basis for bidding. Final hardscape drawings shall be used to define the layout of the hardscape features. It is agreed and understood that extensive construction detailing will not be included; however, adequate information will be included to convey the design intent. Construction details will be according to manufacturer's published specifications. Any necessary structural engineering, electrical engineering, or mechanical engineering will be provided by SSA (working under separate contract with the CLIENT). 10. The CLIENT will make copies of the final design drawings provided by the CONSULTANT, and will reproduce the contract documents provided by the CONSULTANT. The CLIENT will also Agreement - 5 advertise for competitive bids, issue bid packages to prospective bidders, and receive bids for the construction of the project. 11. The CLIENT will provide a qualified construction review specialist to daily visit the site, to observe the work of the contractor, to coordinate with the contractor's superintendent, and to determine if the construction is proceeding in general accordance with the contract documents. It will be the responsibility of the CLIENT's construction review specialist to coordinate with the CONSULTANT to schedule the site visits provided in the Scope of Work. 12. The CLIENT will prepare proposal requests, change orders to the contract for construction, and perform other such contract administration functions during the CONSTRUCTION PHASE of the project. 13. CLIENT will appoint a project manager to serve as the CLIENT's representative, providing a single point of contact for all CONSULTANT communications, and fully authorized to provide the CONSULTANT with approvals, review comments, and the like. ADDITIONAL SERVICES: Additional services may include, but not be limited to the following items: 1. Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, and are due to causes beyond the control of the CONSULTANT. 2. Changes in design concept and/or budget subsequent to receiving approvals at the 30% Design Phase. Note: changes in the base map during the Construction Documents Phase may also result in Additional Services. 3. Providing services other than the normal professional services required for landscape approval of the project. 4. Site grading and drainage design. 5. Structural engineering. 6. Design and/or construction drawings for "hardscape" improvements not specified under SCOPE/SERVICES. 7. Site visits other than those defined in SCOPE/SERVICES, for the purpose of approving the contractor's requests for payment. 8. Prepare proposal requests, change orders to the contract for construction, and perform other such contract administration functions. Agreement - 6 Offered by: Accepted by: 3rad/Swuthi (signature) Bradley A. Smith, ASLA, AICP, President BRAD SMITH ASSOCIATES, INC. Corp. Reg. #LC -305, Ind. #LA -764 (signature) (printed name/title) (name of firm) (date accepted) Agreement - 7 STANDARD TERMS AND CONDITIONS Brad Smith Associates, Inc. (the CONSULTANT) shall perform the services outlined in this agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this agreement. Modifications or changes in this agreement must be in writing and executed by the parties bound to this agreement. This agreement is not transferable by either signatory to a third party without the consent of the other principal parts. Fee: The total fee, as stated in the Agreement, shall be either a fixed fee or, if indicated as an hourly fee arrangement, shall be understood to be an estimate which shall not be exceeded by more than ten percent (10%) without written approval of the CLIENT. Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. For hourly arrangements, all work performed outside of CONSULTANT's regular office hours of 8:00 a.m. to 5:30 p.m. Monday through Friday shall be billed at time and one-half based on the current rate. Current rates are as follows: Principal: $225.00/Hr. Sr. Landscape Architect/Project Mgr.: $180.00/Hr. Landscape Architect/Project Mgr $125.00/Hr. Designer 2: $115.00/Hr. Graphic Artist $110.00/Hr. Designer 1 $100.00/Hr. Design Technician: $85.00/Hr. Accounting/Administrative: $75.00/Hr. Clerical: $50.00/Hr. Invoicing: Invoices for the Brad Smith Associates, Inc.'s services shall be submitted by e-mail at the CONSULTANT's option either upon completion of such services or on a monthly basis. All invoices shall be paid in full and received at the CONSULTANT's office 20 days after the invoice date. Discount Credit: Brad Smith Associates, Inc. extends a 2% DISCOUNT CREDIT on all "professional service fees" paid in full and received at the CONSULTANT's office, 10 days after the invoice date. Finance Charge; Past Due Payments: Your finance charge is computed by a single periodic rate of 1.5% per month (minimum charge of $1.00), which is an annual percentage rate of 18% and may be computed on all past due balances. A late payment fee of $25.00 may be applied to payments received after the invoice due date in addition to the finance charge. Retainer and Earnest Fee Payments: Retainer payments for hourly contracts shall be credited against the final invoice. In the event the CLIENT has paid a retainer to the CONSULTANT, and services have been suspended because of nonpayment, the CONSULTANT shall be entitled to apply the retainer to cover any sums due from the CLIENT up to the date of suspension. Prior to resuming services after such suspension, the CLIENT shall remit to the CONSULTANT sufficient funds to replenish the retainer to its full prior amount. Earnest Fee Payments are non-refundable initial payments against a fixed fee contract. Reimbursable Expenses: Brad Smith Associates, Inc. does not charge for normal project -related reimbursable expenses including: reproduction and duplication of documents as necessary for submittals to government agencies for approval and for CLIENT use, mileage, postage, telecommunications, subcontractor expenses, and other out-of-pocket expenses. These expenses are included in the basic fees. However, Brad Smith Associates, Inc. will be paid for all reimbursable expenses directly relating to bidding and construction including: reproduction and duplication of documents, postage, and other out-of-pocket expenses. An administrative handling fee 0115% will be added for all reimbursable expenses. Additional Services: If, during the progress of the development of plans or construction, the CLIENT requests the CONSULTANT to perform additional services other than those defined in the Agreement, payment for such work shall be negotiated prior to commencement of the work based on the prevailing hourly rates. Written Additional Service Authorization (ASA) will be used for authorization. Suspension of Services: If the project is suspended for more than 30 calendar days in the aggregate, the CONSULTANT shall be paid for services performed and charges incurred prior to receipt of notice to suspend, and upon resumption, an equitable adjustment in fees to accommodate the resulting demobilization and remobilization costs. In addition, there shall be an equitable adjustment to the project schedule based on the delay caused by the suspension, If the project is suspended for more than 90 calendar days in the aggregate, the CONSULTANT may, at its option, terminate services by giving notice in writing to the CLIENT. If the CLIENT fails to make payments when due or otherwise is in breach of this Agreement, the CONSULTANT may suspend performance of services upon 5 calendar days notice to the CLIENT. The CONSULTANT shall have no liability whatsoever to the CLIENT for any costs or damages as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon payment in full by the CLIENT (including remobilization charge of 5% of the fee amount or $500.00, whichever is less), the CONSULTANT shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension. Termination of Services: If the CLIENT fails to make payment to the CONSULTANT in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by the CONSULTANT. This Agreement may be terminated by either party should the other fail to perform its obligations hereunder by giving the other party not less than 7 calendar days' notice. In the event of termination of this Agreement by either party, the CLIENT shall within 10 calendar days of termination pay the CONSULTANT for all services rendered and all reimbursable costs incurred by the CONSULTANT up to the date of termination, in accordance with the payment provisions of this Agreement. Mediation: In an effort to resolve any conflicts that arise during the planning design and construction of the Project or following the completion of the Project, the CLIENT and CONSULTANT agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. Risk Allocation: In recognition of the relative risks, rewards and benefits of the project to both the CLIENT and the CONSULTANT, the risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the CONSULTANT's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed ten (10) times our fee or $50,000.00, whichever is less. Such causes include, but are not limited to, the CONSULTANT'S negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Ownership of Instruments of Service: As a design professional, the Landscape Architect/Planner provides a service rather than a product. All documents produced by the CONSULTANT are instruments of that service (depicting an intellectual process). As such, they shall remain the property of the CONSULTANT, who shall retain all common law, statutory and other reserved rights, including the copyright thereto. Access to Site & Photography: Unless otherwise stated, the CONSULTANT will have access to the site for activities necessary for the performance of services. The CONSULTANT will take precautions to minimize damage due to these activities, but have not included in the fee the cost of restoration of any resulting damage. CLIENT grants the CONSULTANT the absolute right and permission to use photographs of this project in its promotional materials and publications. CLIENT understands that the photographs may be used in a publication, direct-mail piece, electronic media (e.g. video, CD-ROM, Internet/WWW), or other form of promotion. CLIENT releases CONSULTANT, its offices, employees, agents, and designees from liability for any violation of any personal or proprietary right CLIENT may have in connection with such use. Applicable Laws and Venue: Unless otherwise specified, this agreement shall be governed by the laws of the State of Florida. Venue for any claims or lawsuits will be in Brevard County, Florida. Initial here: BAS (CONSULTANT) (CLIENT) IMeeting Type: Regular IMeeting Date: 12-05-06 AGENDA Heading Considerations Item 13 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RIDGEWOOD AVENUE BEAUTIFICATION PROJECT - FINAL CONSTRUCTION DOCUMENTS PHASE IN THE AMOUNT OF $46,175 DEPT/DIVISION: PUBLIC WORKS/STREETS/BEAUTIFICATION Requested Action: City Council consider approval of the fmal construction documents phase of the Ridgewood Avenue Beautification Project in the amount of $46,175, as recommended by the public works director. Summary Explanation & Background: Earlier on this agenda, City Council was presented with 30% design of this project. If accepted, the next task is the final construction documents phase. The Beautification Board reviewed the 30% design and submitted their comments, which is recommended to be incorporated in the final design. I recommend approval. Exhibits Attached: Public works director's memo; Beautification Board memo; Green Blades Contract City Manager's Office Department PUBLIC WORKS/STREETS/BEAUTIFICATION kim\mydo me admin\council \met. \2006\12-05-06\greenblades.com MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 20, 2006 SUBJECT: City Council Agenda Item for December 5th, 2006 Ridgewood Avenue Beautification Design Proposal Green Blades of Central Florida, Inc. is located in Summerfield, Florida. The Firm has the necessary resources to provide the City of Cape Canaveral continuous professional services. In addition, the firm has teamed with the Landscape Architect firm of Brad Smith & Associates. On December 6, 2005 City Council approved a contract agreement for Continuing Landscaping and Maintenance Services As part of the City of Cape Canaveral's Goals and Objectives, it is the City's desire to improve the beautification of Ridgewood Avenue within the City Limits. On February 7, 2006 Green Blades of Central Florida and Brad Smith & Associates presented a workshop presentation to City Council. As the result of the workshop meeting, Green Blades of Central Florida provided a proposal for professional services for the beautification of Ridgewood Avenue. In summary, the proposal is divided in the following three phases: the Planning Phase, the Conceptual Design Phase and the Graphic Phase. All three phases will include public meetings. On August 15, 2006 Brad Smith presented to the City Council the final Conceptual Phase of the Project. . Attached is a proposal from Green Blades of Central Florida for additional services for the following four (4) Tasks of the project: Task 1 - The Project Planning Phase Task 2 - The 30% Design Phase Task 3 - Final Construction Documents Phase Task 4 - The Construction Phase On September 5th 2006 City Council approved Task 1 and Task 2. The Beautification Board has review the 30% plans and made their commends known. Recommend approval of Task 3 for Professional Services from Green Blades of Central Florida for the Beautification of Ridgewood Avenue in the amount of $46,175. MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 15, 2006 RE: Ridgewood Ave Beautification Board Comments At the Beautification Board meeting last night, the Ridgewood Avenue Streetscape Project was reviewed and commended by the Board Members and the public. The following are the comments and concerns of the Beautification Board: 1. Delete the use of the Ligustrum Tree. 2. Utilize more colorful landscaping. 3. Utilize more native species. 4. Would like to see items such as Yaupon Holly, Geiger Tree (Cordia Sebestena) and other items to give more Pizzazz to the streetscape. 5. Insure all plant material is salt and cold tolerant for the costal area. 6. Insure that street light fixture is Turtle Friendly and the fixture's material is not corrosive. In addition, the Beautification Board would like to see a Clock Tower as part of the new City Hall Complex. AGREEMENT FOR PROFESSIONAL SERVICES Between GreenBlades of Central Florida, Inc. 11025 S.E. Hwy. 42 Summerfield, Florida 34419 (hereinafter referred to as CONTRACTOR) And The City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920-0326 (hereinafter referred to as CITY) 21 August 2006 PROJECT NAME AND LOCATION: Construction Documents Ridgewood Ave. Beautification Project (from Johnson Ave. to Chandler St.) Cape Canaveral, Florida SCOPE OF BASIC SERVICES: PROJECT PLANNING PHASE: Task 1 Coordinate with Stottler Stagg and Associates, Inc. (SSA), working under separate Agreement with the City of Cape Canaveral (CITY), regarding survey requirements, civil engineering considerations, and other such project matters. Address potential deviations from the approved preliminary design study, which may be required due to the results of the survey information collected. Attend project kick-off meeting with CITY staff, Brad Smith Associates, Inc., and SSA. 30% DESIGN PHASE: Task 2 On the basis of the approved preliminary design study prepared under separate agreement, and any deviations discovered to be required due to survey data (and approved by CITY staff), prepare preliminary (30%) construction documents, using specific site survey data provided by SSA. Compile a preliminary opinion of probable construction costs based on the 30% design. Agreement -1 FINAL CONSTRUCTION DOCUMENTS PHASE: Task 3 On the basis of the approved 30% design drawings, prepare final construction drawings, incorporating review comments received from the CITY at the 30% design review: 1. Final landscape drawings shall include plant schedule with botanical and common names and plant size specifications. 2. Irrigation design shall be prepared to provide 100% automatic coverage to all landscaped areas, taking into account the proposed plant material watering requirements, and soil conditions. 3. Technical Specifications (Division 2) for landscape and irrigation work shall be prepared and placed in drawing format. 4. Final hardscape drawings shall depict decorative paving patterns and materials, the architectural appearance scheme of the wall and entry features and shall indicate grading relative to a fixed point of reference such as top of curb, layout and dimensioning. 5. Site fumishings drawings shall indicate proposed site fumishings by type and location. 6. Site lighting drawings shall indicate proposed site lighting fixture locations and types. Electrical engineering will be by SSA under separate agreement with the CITY. Compile a preliminary opinion of probable construction costs based on the final construction documents. CONSTRUCTION PHASE: Task 4 The CITY recognizes that construction review is a vital element of a Landscape Architect's complete service, provided to minimize problems during construction. Should the CITY for any reason not retain the Landscape Architect (Brad Smith Associates, Inc.) to review construction, the CITY waives any claim against the CONTRACTOR and the Landscape Architect, and agrees to indemnify, defend and hold the CONTRACTOR and the Landscape Architect harmless from any claim or liability for injury or loss arising from problems during construction that allegedly result from findings, conclusions, recommendations, plans or specifications developed by the Landscape Architect. Upon authorization by the CITY, provide any or all of the optional hourly services listed below: Installation observation by the Landscape Architect on an intermittent basis not to exceed a total of eight (8) site visits as requested by CITY to observe work progress and to determine if the construction is proceeding in general accordance with the contract documents. Agreement - 2 Review and approve: A. Shop drawings and samples. B. Results of tests and inspections. C. Other data which the contractor or subcontractors are required to submit. Prepare field reports for each site visit. Project close out shall begin upon notice from the CONTRACTOR that his work, which is believed to be acceptable to the CITY, is substantially complete and in general accordance with the contract documents. At this point in time, the Landscape Architect shall conduct a walk-through with the CONTRACTOR AND CITY's representative to verify that the work conforms to the contract documents, and to establish a 'punch listof items to be completed or corrected. Upon notice by the CONTRACTOR that the 'punch list" has been completed, and that the work is ready for final inspection and acceptance, the Landscape Architect shall conduct a walk-through to verify 'punch list" completion for final acceptance of the work by the CITY. Visits for the purpose of project close out as described above, are included in the eight (8) site visits indicated above. MEETINGS: The following are the meetings included in this scope of services and required to support the program: 1. Meeting #1: Project "kick-off" meeting with CITY to review project direction and any required deviations due to survey findings. Project schedule shall also be discussed during this meeting. 2. Meeting #2: Project coordination meeting with, City Manager, Public Works Director and Brad Smith Associates, Inc. in preparation for the CITY Council meeting. 3. Meeting #3: Presentation meeting to the City Council. 4. Meeting #4: Project coordination meeting with CITY Manager, Public Works Director and Brad Smith Associates to review the 30% Design Phase work. Comments will be received, and authorization will be provided for the CONTRACTOR to direct the landscape architect to proceed with the final construction documents (incorporating the CITY's review). 5. Meeting #5: Project coordination meeting with City Manager, Public Works Director and Brad Smith Associates to review the Final Construction Documents Phase work. It is anticipated that this number of meetings will be adequate for the project; however, if additional meetings are required, the cost will be considered as additional services to be billed on an hourly basis. Agreement - 3 FEE ARRANGEMENT: The CITY agrees to pay the CONTRACTOR for professional services as follows: A lump sum of Ninety Five Thousand Forty Five Dollars ($95,045.00), payable as follows: Task 1 - Planning Phase (Meetings 1,2,3) $11,935.00 Task 2 - 30% Design Phase (Meeting 4) $25,935.00 Task 3 - Final Construction Documents Phase (Meeting 5) $46,175.00 Task 4 - Construction Phase $9,900.00 Reimbursable Expenses (allowance)$1.100.00 Total Fixed Fee Amount $95,045.00 Invoices for the Contractor's services shall be submitted on a monthly basis for percentage of completion. SPECIFIC ASSUMPTIONS: CONTRACTOR represents to the CITY that in developing this Scope of Work, assumptions have been made, and that deviation from assumptions identified within this proposal may require additional expenditures on behalf of the CITY to the CONTRACTOR. Assumptions not already mentioned herein are as follows: 1. Survey information will be provided by SSA. 2. SSA will be responsible for all project engineering matters, including preparation of opinions of probable construction costs for paving, grading, drainage and utilities. 3. CITY and SSA will each appoint a project manager to serve as their representative, providing a single point of contact for all CONTRACTOR communications, and fully authorized to provide the CONTRACTOR with approvals, review comments, and the like. ADDITIONAL SERVICES: Additional services may include, but not be limited to the following items: 1. Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, and are due to causes beyond the control of the CONTRACTOR. 2. Changes in design concept and/or budget subsequent to receiving approvals at the 30% Design Phase. Agreement - 4