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Home My WebLink AboutPacket 03-15-2011 RegularCity of Cape Canaveral CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 20 1 Polk Avenue, Cape Canaveral , Florida Tuesday CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: 7:05 p.m. -7:45 p .m. March 15, 2011 7 :00 PM AGENDA Certificate of Appreciation to Mr. Albert Kowalsky -School Crossing Guard Approve a Proclamation designating March 2011 as "Red Cross Month" Deputy of the Month for February 2011 -Deputy Sara Mclennon Accept the 2009/2010 fiscal year Audit -Presentation by Bernadette Britz-Parker, James Moore & Co. REPORTS : 7:45 p .m. -7:50 p .m. City Attorney AUDIENCE TO BE HEARD: 7:50 p.m. -8:05 p .m. 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. I 05 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@ cityofcapecanaveral.org City of Cape Canaveral , Florida March 15 , 2011 Page 2 of 3 CONSENT AGENDA: 8:05 p .m. -8:10 p.m. 1. Approve Minutes for Regular City Council Meeting of February 15, 2011 . 2 . Approve a Proclamation designating April 22, 2011 as "Earth Day". 3. Ocean Lifeguard Agreement between Board of County Commissioners of Brevard County and City of Cape Canaveral (2011 ). 4. Approve Resolution No . 2011 -04, Temporary Suspension of Permit Fees for Electronic Signs. 5 . Award of Bid for Rehabilitation of Lift Station #2 (LS #2) located on the north side of Center Street to Danus Utilities, Inc., Port Orange , Florida, in the amount of$ 28,311. 6. Award Bid to JAR Construction , Inc. for Construction of Stormwater and Structural Improvements to the Southern Portion of the Central Ditch in the Amount of $95 ,115.30; Authorize City Manager Execute Contract. 7 . Reduction of an Outstanding Lien; Code Enforcement Case No. 2010- 00037 , 7521 Magnolia Avenue. 8. Request for City Council Approval of Tree Bank Contribution in Lieu of Removal -Ocean Oaks Condominium. ORDINANCE: First Public Hearing: 8 :10 p.m. -8:30 p.m. 9. Motion to Approve : Ordinance No . 01-2011 , Amending Articles II and Ill of Chapter 2 , Administration , of the Cape Canaveral City Code related to the City Council and City Officers and Employees; making amendments consistent with the adoption of the new City Charter; making minor editorial and conforming amendments; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date . REPORTS: 8:30 p.m. -9:00 p.m. 10. Council. City of Cape Canaveral , Florida March 15 , 2011 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 pers on may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk 's office (868-1221 ) 48 hours in advance of the meeting . City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/15/2011 PRESENTATION Subject: Certificate of Appreciation to Mr. Albert Kowalsky -School Crossing Guard Department: Administration Summary: Mr. Albert Kowalsky began his career as a School Crossing Guard at Cape View Elementary School with the City of Cape Canaveral on March 18, 2005. Through the years he has performed his duties with the utmost care and professionalism. His dependability and dedication to the children, parents, teachers and the administrators of Cape View Elementary and to the City of Cape Canaveral has been invaluable. Although we are all sorry to see him go, we wish Mr. Kowalsky and Family the best of luck in all his future endeavors. Submittin Dept. Head: An ela Apperson Date: 03/01/11 Attachment: Certificate of Appreciation Financial Impact: N/A The City Manager recommends that City Council take the following action(s): N/A er: David L. Greene c) "";J>-L ] Approved as Recommended [ ] Approved with Modifications ] Tabled to Time Certain Date: 3 .;i. / / [ ] Disapproved Certificate of Jlppreciation This award presented to ALBERT KOWALSKY For your hard work and dedicated service as a School Crossing Guard for Cape View Elementary School and the City of Cape Canaveral from March 2005 through February 2011 Signed and Sealed this :tvlayor ____________ _ Attest: ____________ _ City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/15/2011 PRESENTATION Subject: Approve a Proclamation designating March 2011 as "Red Cross Month". Department: Legislative Summary: The American Red Cross works to help those who need assistance, whether down the street, across the country or around the world. The Organization provides a round-the-clock link between those in the military and their families, and supplies blood and blood products to approximately 3,000 hospitals and transfusion centers across the country. Nationally, the Red Cross responds to disasters nearly 200 times every day. In the past year, the Space Coast Chapter assisted 1,011 military families, trained 7,899 persons in lifesaving skills and responded to 90 local emergencies. The American Red Cross requests the City issue a Proclamation designating March 2011 as "Red Cross Month". Submitting Council Member: Mayor Rocky Randels Date: 02/28/11 Attachment(s): Proclamation Letter from the American Red Cross, Space Coast Chapter Financial Impact: None Reviewed by City Treasurer: Andrea Bowers fl 1 Date: 3 /~ {/f The City Manager recommends that City Council take the following action(s): Approve Proclamation Approved by City Manager: David L. Greene D '"l.H--Date: 3 /;;..//I City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain WI-IEREAS, the American Red Cross, Space Coast Chapter has been serving the Brevard community since 1917; and W.HEREAS, the American National Red Cross was founded in 1881 by Clara Barton, chartered and authorized by Congress to act in times of need, with the mission of providing relief to victims of disasters and helping people prevent, prepare for, and respond to emergencies; and WI-IEREAS, last year the American Red Cross, Space Coast Chapter responded to 90 local emergencies; and WI-IEREAS, last year the American Red Cross, Space Coast Chapter trained 7,899 persons in lifesavings skills such as first aid, CPR, the use of automated external defibrillators (AED's) and water safety; and WI-IEREAS, last year the American Red Cross, Space Coast Chapter helped more than 1,011 local military families during emergencies, delivering urgent communications to deployed U.S. Armed Forces members and providing counseling and other social services; and WI-IEREAS, the American Red Cross serves out community 365 days a year thanks to the support of trained volunteers and generous individuals, companies and foundations that make financial donations to the organization; NOW, T.HEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the month of March 2011, as RED CROSS MONTH In the City of Cape Canaveral and do hereby encourage our citizens to observe the month by participating in appropriate ceremonies and activities. + American Red Cross Dear Clerk, Every year, we celebrate March as Red Cross Month and this year, we ask that you join us recognizing the tireless work that goes on in our community every day. The Red Cross provides help and hope to Brevard County and in honor of the commitment made by volunteers who reside here; I would like to respectfully request the presentation of a proclamation during your March council or commission meeting. The Red Cross works to help those who need assistance, whether down the street, across the country, or around the world. We respond to disasters, help members of the military, and teach lifesaving skills. In the past year, the Space Coast Chapter responded to 90 local emergencies, assisted 1,011 military families and trained 7,899 people in lifesaving skills. Nationally, the Red Cross responds to disasters nearly 200 times every day. The organization provides a round-the-clock link between those in the military and their families, and supplies blood and blood products to approximately 3,000 hospitals and transfusion centers across the country. Red Cross Month is a great time for people to join the Red Cross. Please let me know if you will be able to honor this request by contacting me at (321) 439-1093or at michellet@midfloridaredcross.org. Your participation is appreciated. Sincerely, Michelle E. Tana Chief Development Officer American Red Cross, Space Coast Chapter (321) 890-1002 / (321) 439-1093-cell City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 3/15/2011 PRESENTATION Subject: Deputy of the Month for February 2011 -Deputy Sara Mclennon Department: Brevard County Sheriff's Office Cape Canaveral Precinct Summary: On February 5, Deputy Sara Mclennon responded to a call where a six- day-old child was not breathing. Upon arrival at the scene, Deputy Mclennon rushed into the home where the child's father was holding the small infant. Deputy Mclennon took the child from its father's arms and immediately assessed the situation. She checked the child for a pulse, found there was none and attempted a rescue breath, but that was unsuccessful. She realized there was little time to save the small child's life, so she ran from the residence and got into the ambulance that had just arrived. She directed the rescue personnel to go directly to the hospital. Medical personnel began rescue attempts as they rushed to the hospital where all attempts to revive the infant were unsuccessful. Deputy Mclennon began to console the family and spent three hours with them helping to comfort them in their time of grief. Deputy Mclennon maintained her composure, controlled her emotions, and remained a true professional in the face of an overwhelming situation. Throughout the incident, Deputy Mclennon displayed the utmost in empathy, professionalism, and dedication. Deputy Mclennon's demeanor and conduct during this horrific event demonstrated her commitment and passion to serve the community. Submittin Department Head: Commander Alan Moros Date: 03/04/11 Attachment(s): Financial Impact: ;J 01'") e_ Date: The City Manager recommends that City Council e the following action(s): er: David l. Greene 0'"'-V4-- [ ] Approved as Recommended ] Approved with Modifications [ ] Tabled to Time Certain Date: [ ] Disapproved City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/15/2011 PRESENTATION Subject: Accept the 2009/2010 fiscal year Audit-Presentation by Bernadette Britz- Parker, James Moore & Co. Department: Finance Summary: The City of Cape Canaveral underwent a complete audit for the 2009/10 fiscal year. The Audit was performed by James Moore & Co. This is their first year auditing the City of Cape Canaveral. At this time Audit Manager, Bernadette Britz- Parker, will present the Audit findings to the City Council and citizens. The presentation will include a statement concerning the City's financial reports, comments on financial performance including recommendations to strengthen management controls and ultimately increase the City's efficiency, security and financial health. Highlights of the 2009/1 O Financial Year: • The assets of the City exceeded its liabilities at the close of the most recent year by $37.175 million (net assets). Of this amount, $6.2 million (unrestricted net assets) may be used to meet the City's ongoing obligations. • The City's total net assets increased by $854,789. This is due to the effective management of the City's resources and preparation for continued revenue reductions due to the slowdown in the economy and the phase out of the Space Shuttle Program, which has a direct effect on the local economy. • At the close of the fiscal year, the City's governmental funds reported combined ending fund balances of $7.9 million, a decrease of $17,675 in comparison with the prior year, due primarily to the ambitious facility and infrastructure projects, funded through reserves. • At the close of the fiscal year, fund balance for the General Fund was $6,371,346. Of this amount $423,465 is designated for use in the 2011 budget. The remaining funds are available to be used in the event of a catastrophic event and the future Capital projects and programs. • The City's total long-term liabilities decreased $529,648. This is due primarily to annual debt service payments on outstanding obligations related to a State of Florida Department of Environmental Protection revolving loan for Wastewater treatment improvements made in 1995 and 1996. The following chart compares the City's net assets from Fiscal Year 2008/09 to the net assets held at the end of the 2009/1 O fiscal vear. City of Cape Canaveral, Florida Statement of Net Assets Governmental Activities Business Type Activities Total 2010 2009 2010 2009 2010 2009 Current and other asses $ 8,425,261 $ 8,407,358 $ 3,522,142 $ 3,410,630 $ 11,947,403 $ 11,817,988 Capifal asset, 14,305,431 13,761,994 15,221,739 15,827,388 29,527,170 29,589,382 Total assets ' 22,730,692 22,169,352 ' 18,743,881 ' 19,238,018 41,474,573 41,407,370 Long-term liabilities oul:ltanding 155,101 153,998 3,510,780 4,041,531 3,665,881 4,195,529 Oller liabilities 526,695 393,438 106,312 132,152 633,007 525,590 Total liabilities 681,796 547,436 3,617,092 4,173,683 4,298,888 4,721,119 Netasse5: Invested in capital asset,, net of related debt 14,305,431 13,761,994 11,835,287 11,907,091 26,140,718 25,669,085 Restricled 1,527,220 1,658,390 485,322 500,875 2,012,542 2,159,265 Un restricled 6,216,245 6,201,532 2,806,180 2,656,369 9,022,425 8,857,901 Total net assets $ 22,048,896 $ 21,621,916 $ 15,126,789 $ 15,064,335 $ 37,175,685 $ 36,686,251 At September 30, 2010, the City is able to report positive balances in all three categories of net assets, both for the City as a whole and for its separate governmental and business-type activities. The City experienced an overall increase in net assets for Governmental activities of $426,980 comprised of the following: Funds with increased Fund Balance: General Fund Police Education Fund Fire Protection Fund School Crossing Guard Fund Library Fund Capital Expansion Fund Funds with decreased Fund Balance: Beautification Fund Special Law Enforcement Trust Fund $134,796 $ 4,218 $ 716 $ 4,733 $ 13,307 $ 17,390 $(155,227) $ (37,608) General Fund reserves, originally appropriated for the Ridgewood Avenue Project were not required due to reductions in operating expenditures. The Beautification Fund Balance and the Special Law Enforcement Trust Fund Balance are the only two Governmental Funds to reduce existing fund balance, $155,227 and $37,608 respectively. The Beautification Fund Balance was depleted to provide landscaping for the Ridgewood Avenue Project. Reserves were utilized out of the Law Enforcement Trust Fund to provide a Schoo ource Officer for the local High School, in partnership with the City of Cocoa Beach. Submitting Department Head: Andrea Bowers Date: 2/25/11 Attachment(s): The Comprehensive Annual Fina ial Report (CAFR) will be distributed as soon as received from printing. Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: 3/4/2011 Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: 3/4/2011 The City Manager recommends that City Council take the following action(s): Accept the 2009/201 O Fiscal Year Audit Approved by City Manager: David L. Greene 0-V---Date: 3/4/2011 City Council Action: ] Approved as Recommended [ ] Disapproved ] Approved with Modifications [ ] Tabled to Time Certain REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHERMAlTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITINGSTANDA1WS To the Honorable Mayor, City Council, and City Manager, City of Cape Canaveral, Florida: We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Cape Canaveral, Florida, (the City) as of and for the year ended September 30, 2010, which collectively comprise the City's basic financial statements as listed in the table of contents and have issued our report thereon dated ; .. i · 2011. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to fmancial audits contained in Govemme11t Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting. A deficiency in internal control 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 and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of the internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over :financial reporting that might be significant deficiencies or material wealmesses. We did not identify any deficiencies in internal control over :financial reporting that we consider to be material weaknesses, as defined above. However, we identified certain deficiencies in internal control over financial reporting, described below, that we consider to be significant deficiencies in internal control over financial reporting. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. -Il4- 2010-1 Prior Period Adjustments When the SBA fund B pool was frozen, the assets should have been reported at net asset value by the Ci1y. However, at September 30, 2009 the cash balance was shown at book value which overstated the net realizable value by $133,434 between the governmental and proprietary funds, which was material to the financial statements. While the fund value is recovering (unrealized loss at September 30, 2010 was $67,065 versus $133,434 at September 30, 2009), it is important to properly reflect assets in the financial statements so as not to mislead readers. During testing of the utility accounts receivable, we were unable to support the receivable balance. Upon further investigation it was noted the unbilled receivable was recorded twice. This resulted in a prior period adjustment of $284,552. To ensure utility accounts receivable are properly recorded, we recommend a detail aged accounts receivable trial balance be obtained from the Ci1y of Cocoa no less than quarterly, and reconciled to the Ci1y's general ledger. Lastly, the special law enforcement trust fund has historically been shown as a fiduciary trust fund. Per GASBS No. 34, paragraph 69, fiduciary funds "should be used to report assets held in a trustee or agency capaci1y for others and therefore cannot be used to support the governments own programs." Because the City maintains control over the expenditures, though they must be used for law enforcement, no trust agreement exists. The revenue is simply a restricted revenue source and should be reported as a special revenue fund. Accordingly a prior period adjustment was recorded to record the beginning net assets of$52,633 as a nonmajor special revenue fund. · 2010-2 Cash Disbursements During our walkthrough of internal controls, we noted segregation of duties is lacking. Specifically, the Ci1y Treasurer has the abili1y to create new vendors in the accounting software and also has access necessary for printing checks. Because she is also one of the authorized check signers, this creates the opportuni1y for misappropriation of assets. We recommend limiting her rights to either create vendors or print checks, but not both, within the accounting software. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Ci1y's fmancial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, grant agreements, and contracts, noncompliance with which could have a ijirect and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Govemment Auditing Standards. We noted certain matters that we reported to management of the Ci1y of Cape Canaveral, Florida in a separate letter dated 2011. -115 - The City of Cape Canaveral, Florida's responses to the findings identified in our audit descnlied above are in the accompanying management response to internal control over financial reporting and on compliance and other matters. We did not audit the City's responses and, accordingly, we express no opinion on them. Pursuant to Chapter 119, Florida Statutes, this management Jetter is a public record and its distribution is not limited. Auditing standards generally accepted in the United States of America require us to indicate this report is intended solely for the infonnation and use of the City Counci~ management, others within the City, The Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. Daytona Beach, Florida . 2<ii1 -116- MANAGEMENT LETTER OF INDEPENDENT AUDITORS REQUIRED BY CHAPTER 10.550, RULES OF THE AUDITOR GENERAL To the Honorable Mayor, City Council, and City Manager, City of Cape Canaveral, Florida We have audited the basic financial statements of the City of Cape Canaveral, Florida (the City), as of and for the fiscal year ended September 30, 2010, and have issned our report thereon dated XXXX, 2010. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have issued our Independent Auditors' Report on Internal Control over Financial Reporting and Compliance and Other Matters. Disclosures in that report, which is dated :x:icxX:;-2010, should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida. This letter includes the following information, which is not included in the aforementioned auditors' reports or schedule: Section 10.554(1 )(i)l ., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. Corrective actions have been taken to address all findings and recommendations made in the preceding annual financial audit report except for the following: 2010-3 Investment Advisory Committee and Policies The City does not currently have an investment advisory committee or an independent investment advisor assisting the City in the review and evaluation of investment activities. While the City may consult with an investment advisor as needed, we recommend the City create an investment committee to research and evaluate investments available and make recommendations to the Council. This committee would also aid in recommending an investment plan which appropriately addresses Council's intent related to credit and interest rate risk. We also recommend the use of the independent investment advisor to obtain an unbiased opinion as to whether the Committee's recommendations are expected to have a reasonable rate ofretmn. Additionally, the investment policy established by Resolution 2002-25 fails to address all of the requirements listed in F.S. 218.415, notably performance measurement, maturity and liquidity requirements, portfolio composition, and risk and diversification. We recommend updating this policy to specifically include all requirements listed inF.S. 218.415. Section 10.S54(l)(i)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that the City complied with Section 218.415, Florida Statutes. r. ·~ """"'""'.@ ,'if, r:ifC""-"~' ',z,·r·J . ,r 'f i" !in\·~ ' V ij 1,-j.,-, -f l,.J r-tiJ= . r~ ~ -118- Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. Such recommendations have been included in our Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards as items 2010-01 through 2010-03. Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address violations of provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the :financial statements that is less than material but more than inconsequential. In connection with our audit, we did not have any such :findings. Section 10.554(1 )(i)S., Rules of the Auditor General, provides that the auditor may, based on professional judgment, report the following matters that have an inconsequential on financial statements, considering both quantitative and qualitative factors: (1) violations of provisions of contracts or grant agreements, fraud, illegal acts, or abuse, and (2) deficiencies in internal control that are not significant deficiencies. In connection with our audit, we had the following recommendations: 2010-4 IT Recommendations -The City does not have complete documentation relating to IT procedures (Backup, Disaster Recovery, Security Access, Network diagram, etc.) We recommend the City document these policies and procedures effectively. -Currently, users are not forced to change passwords regularly nor are there any criteria screen-saver lockouts. To enforce security access to local network resources and accounting software, we recommend implementing a password policy for network users. 2010-S Positive Pay Banks no longer physically inspect checks, effectively eliminating reliance on two signatures as an effective control, We recommend implementing a Positive Pay system to strengthen controls over cash disbursements. Information on Positive Pay is available at most banks. 2010-6 Personnel Files During te~tll!g of pay rates and inspection of personnel files, we noted that job titles are not documented and support for pay increases is not consistently maintained in the files. We recommend including documentation of job titles and pay increases within personnel files as evidence of adherence to approved and established pay scales. 2010-7 New Pronouncement The GASB has issued Statement No. 54, "Fund Balance Reporting and Governmental Fund Type Definitions." This Statement establishes new categories for reporting fund balance and revises the definitions for governmental fund types. The requirem~nts for this statement are effective for the fiscal year ending September 30, 2011. -119- 2010-8 ARRA Requirements IRS proposed Regulations REG-158747-06 were published in the Federal Register on December 5, 2008, for new Internal Revenue Code (JRC) subsection 3402(t). This subsection, created by the Tax Increase Prevention and Reconciliation Act of 2005, requires that payments by governmental entities for goods or services after December 31, 2011, are subject to 3 percent income tax withholding, with some exceptions. We recommend the City be familiar with this regulation to ensure compliance once effective. Section 10.554 (l)(i)6., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the :financial statements. The legal authority for the primary government of the reporting entity is disclosed in Note 1 of the basic financial statements. Section 10.554(l)(i)7.a., Rules of the Auditor General, requires a statement be included as to whether or not the local government has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific conditions met. Tn connection with our audit, we determined that the City, did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Section 10.554(1)(i)7.b., Rules of the Auditor General, requires that we determine whether the annual financial report for the City for the fiscal y~ar ended. Sept~Jl1]ler 30, 2010, filed with the Florida Depljii:ment of Financial Sertjces pursu.ant to Section 218.32(1)(a), Florida Statutes, is in agreerilC,'nt with the:annual finan,,;ial audit report for the fiscal year ended September 30, 2010. As of our report date, the City of Qape Canaveral, Florida had i\ot yet filed the aiii\ual finai:tcial report for the fiscal fear ended Septemb.er 30, 2010. IJierefore, we could not determilie that the annual financial report was in agr~¢ment with the amiual financial auditreport. Pursuant to Sections 10.554(1)(i)7.c. and 10.556(7), Rules of the Auditor General, we applied financial condition assessment procedures. It is management's responsibility to monitor the City's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. This assessment was made as of the fiscal year ended September 30, 2010. Pursuant to Chapter 119, Florida Statutes, this management letter is a public record and its distribution is not limited. Auditing standards generally accepted in the United States of America require us to indicate that this management letter is intended solely for the information and use of the State of Florida Office of the Auditor General, City Council, management, others within the City, and federal and state awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Daytona Beach, Florida XXXXX,2011 -120- RESPONSE TO THE AUDITOR'S COMMENTS AND RECOMMENDATIONS FOR THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING SEPTEMBER 30, 2010 2010-1 Prior Period Adjustments The SBA fund B pooled funds will be reported at fair market value. To be assured that no more than the appropriate revenues are included in the Utility Accrual made for the last month of the fiscal year, staff will hold the final entry until the City of Cocoa provides the Unbilled report to ascertain those revenues belonging to the following month. The Law Enforcement Trust Fund will be reported as a Special Revenue Fund in all future financial statements. 2010-2 Cash Disbursements In order to separate the access of the City Treasurer to the accounts payable process, all blank checks will be held in the City Clerk's office. Staff will be issued the number of checks required at each event. Prior Year Comments Repeated in the Current Year 2010-3 Investment Advisory Committee and Policies The City continues to be very concerned with the rapid changes being made in the investment market. The City will establish a relationship with an investment advisor to meet periodically and keep staff abreast of market changes. Staff will review and update the current Investment Policy to include all of the requirements listed in Florida Statutes 218.415. Current Year Comments 2010-4 IT Recommendations The City is in the process of documenting all procedures related to the IT function. A procedure will be established to require users to change their passwords on a regular basis. 2010-5 Positive Pay The City is currently in the process of establishing Positive Pay. 2010-6 Personnel Files The recommendation is noted and staff will review the files and ensure all job descriptions/salary increases are properly documented. 2010-7 New Pronouncement The City will implement the new Fund Balance Reporting with the financial reports for the period ending September 30, 2011. CITY COUNCIL REGULAR MEETING a!lzxi.121 CAPE CANAVERAL LIBRARY MEETING ROOM -.-J . ,1,1 / "f 201 Polk Avenue, Cape Canaveral, Florida Jrt/!1 //!CJ, J- TUESDAY February 15, 2011 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:02 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present: City Manager Assistant City Attorney Parks and Recreation Director Public Works Director Assistant Public Works Director Building Official Planning and Development Director Brevard County Sheriff Lieutenant Bob Hoag Jim Morgan Buzz Petsos Rocky Randels Betty Walsh David L. Greene Kate Latorre Robert Lefever Walter Bandish Jeff Ratliff Todd Morley Barry Brown Alex Herrera Cape Canaveral Volunteer Fire Dept. Assistant Chief City Clerk John Cunningham Angela Apperson PRESENTATION: A1A Action Plan Presented by the Space Coast Transportation Planning Organization (TPO): Georgiana Gillette explained the Action Plan which is a road improvement project, not a road widening project. She noted the Plan was a grass roots effort by business owners and representatives from government agencies along the A1A Corridor from Patrick Air Force Base north to Port Canaveral. The TPO Board approved the Plan and Florida Department of Transportation (FOOT) has programed $850,000.00 for the fiscal year beginning July 2011. Ms. Gillette reviewed the planning assistance provided by the TPO and its consultant to outline affordable /implementable City of Cape Canaveral, Florida City Council Regular Meeting February 15, 2011 Page 2 of 5 multi-modal transportation programs. She noted the project is number two on the TPO's priority list. Ms. Gillette responded to questions of the Council which included: • Allowing one agency to move forward with elements of the plan rather than having to wait for all agencies. • Urban design type improvements such as curb and gutter work are not excluded, but would require a 5-10 years of work to completely plan the project, acquire any right-of-way, etc. • That lowering the speed limit may be an option to explore. • Project time line includes a Feasibility Study that will take about 1 year; however, if funding comes available items could be taken out of the Plan and moved forward. TPO Director Bob Kamm also noted the grass roots efforts of local leaders and suggested the Federal Government's initiatives for livability is assisting the TPO to look at roadways beyond just moving vehicles. Mr. Leo Nicholas and Mr. Roger Dobson also encouraged the lowering of the speed limit. No action was taken. Certificates of Appreciation for Seaport Canaveral presented by the Brevard County Sheriffs Office: Sgt. Scott Pikus presented a Certificate of Appreciation to Michele Koster and Merlin Figueira for their work during the holidays to provide meals and toys to many families, with meals on wheels and at the Youth Center. Certificates of Appreciation for Boeing Company presented by the Brevard County Sheriffs Office: Sgt Scott Pikus presented a Certificate of Appreciation to Ms. Sandi Klotz, who represented the employees of the Boeing Company. The employees donated money which Ms. Sandi Klotz used to purchase and donate 139 bicycles to the Santa Wish List recipients. Deputy of the Month for December 201 O -Corporal Don Frantzen: Lt. Herrera presented Corporal Frantzen with the award for his work as a reserve deputy at the Precinct. Corporal Frantzen donates countless hours at the Precinct. He provided necessary assistance during the renovations and was instrumental in making the communications transition a success. Corporal Frantzen expressed his appreciation for the award. Check presentation to the United Way of Brevard County -proceeds from the 15th Annual Reindeer 5K Run/Walk. Plague presentation to the major sponsors of the Reindeer Run in the form of Keys to the City: Parks and Recreation Director Robert Lefever explained this is the 15th year the event was held and his 5th year planning the event. He listed the sponsors from each level. Plaques of appreciation were presented to the major sponsors of Law firm of Brown, Garganese, Weiss & D'Agresta, P.A.; Lite Rock 99.3; Running Zone, Clear Channel Outdoor, Bright House Networks, Pioneer Printing & Graphics, and Waste Pro. Ms. Suzanne Sparling received the $3,363.00 check on behalf of the United Way. She thanked everyone for a very successful 2010 Campaign, which exceeded their goal. She noted Brevard County Sheriff's Office increased their City of Cape Canaveral, Florida City Council Regular Meeting February 15, 2011 Page 3 of 5 giving by over $20,000.00. She thanked the City for its support for the past 15 years and noted the proceeds presented tonight are first dollars in for the 2011 campaign. REPORTS: Assistant City Attorney Kate Latorre provided an update related to the easements needed for the Harbor Heights Stormwater Project and noted two minor issues are outstanding with the two property owners. AUDIENCE TO BE HEARD: Mr. Leo Nicholas noted the community spirit that was shown this evening. He explained the work done by the VFW to provide food baskets for 76 families in Cape Canaveral for Christmas and spoke of the Children's Christmas program that had over 250 participants. He indicated members of the Coast Guard also helped. CONSENT AGENDA: Mayor Randels read the titles of the items. He inquired if any items are to be removed from the Consent Agenda for discussion. 1. Approve Minutes for Regular City Council Meeting of January 18, 2011. 2. Resolution No. 2011-03: Appointing a Second Alternate Member as a First Alternate Member to the Planning and Zoning Board, Ronald B. Friedman, for a term which will expire on September 15, 2014. 3. Approve the Milling/Paving/Striping of Portions of Washington Avenue, Church Lane, Columbia Drive, Thurm Boulevard, North Atlantic Avenue, including additional tasks, and award work in the Amount of $85,530 to APAC Southeast, Inc. 4. Approve a Proclamation designating March 2011 as "Irish American Heritage Month". 5. Approve Phase 1 -Relining Manholes and Lift Station Wet Wells Throughout the City and Award Project work in the Amount of $101,998 to Hinterland Group, Inc. 6. Purchase of an Emergency Power Standby Generator for Lift Station #2 located on Center Street in the amount of $46,574.00. A motion was made by Ms. Walsh, seconded by Mr. Morgan, to approve all six items. The motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting February 15, 2011 Page 4 of 5 7. Discussion of City Code Section 110-486 -Resort Dwellings, Resort Condominiums: Non-Conforming Use Status and Expiration: Council Member Morgan explained his objection to the wording of Section 110-486(c)(2) and encouraged changing the section to make it like renewing any other license. Discussion ensued and included: the provisions of Section 110-487; that the Business Tax receipt cannot be renewed without having a valid State License; whether the State License is attached to the property or goes with the person who applied; what happens when a property owner does not renew their State License for five or six years and sells the property, reasons why a new owner would not be able to get a City License under the 180 day abandonment provision. Comments from the audience included a request from Mr. Lamar Russell, Chairman of the Planning and Zoning Board, to include a reasonable length of time for individuals to make any necessary corrections to renew their State License. City Council Consensus was reached for the City Attorney to propose an amendment to this section to include a reasonable amount of time to renew/receive a new state license. Ms. Latorre inquired if the Council wanted to see the Ordinance before it went to the Planning and Zoning Board. It was the consensus of the City Council to send the revisions directly to the Board. REPORTS: 8. Council: Council Member Morgan felt the VFW should have received an award for their work over the holiday season. Assistant Fire Chief Cunningham noted the assistance provided by the Corvette Club year round. It was the consensus of the Council for Council Members and Staff to provide names of organizations needing recognition to the City Manager, who will proceed accordingly. Mr. Morgan inquired as to the minor issues with the Harbor Heights easements. Ms. Latorre indicated the reimbursement from the City for the Property Owner's Attorney's Fees and that one property owner has large dogs that will not have a fenced yard during the work. Consensus of the City Council was to pay the Attorney fees, pay to board the dogs and get this work done. Council Member Walsh inquired if the other members of the Council would consider having only one Council Meeting a month. Consensus reached by the City Council to have every council member keep the two dates open; however to hold the meeting on the third Tuesday of the month. Council Member Petsos inquired as to the electronic sign that is being considered for the City Hall Marquee. He suggested waiving all permit fees for the City and any business that may be installing an electronic sign. Consensus was reached to prepare this amendment for the next agenda. Mr. Petsos thanked Jeff Ratliff, Kay McKee and Tim Davis for their work on the Sea Oats Project. City of Cape Canaveral, Florida City Council Regular Meeting February 15, 2011 Page 5 of 5 Mayor Pro Tern Hoag asked when the rest of the lights will be installed on Ridgewood Avenue. Mr. Ratliff indicated the lights will be shipped on February 25, 2011 and will be installed the first or second week of March. Mayor Randels noted the first few lights along the north part of Ridgewood Avenue were not on tonight as he traveled to the meeting. He recapped the events of his meetings in Washington, DC last week. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:47 P.M. Rocky Rand els, MAYOR Angela M. Apperson, CMG, City Clerk ~~~j ~: ..J_ c,;,, .;:;-C::• City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/15/2011 Item No. f!- Subject: Approve a Proclamation designating April 22, 2011 as "Earth Day". Department: Legislative Summary: Since the first Earth Day in 1970, the "Earth Day Network" has sought to use that day every year as a Global Day of Conversation, to highlight environmental and "green" ideas and initiatives. This year, over a billion people worldwide will celebrate Earth Day in an effort to encourage individuals and governments to make real improvements to our environment. Florida League of Cities President Joy Cooper requests the City issue a Proclamation designating April 22, 2011 as "Earth Day". Submitting Council Member: Mayor Rocky Randels Date: 02/22/11 Attachment(s): Proclamation E-Mail from FLOG President Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: The City Manager recommends that City Council take the following action(s): Approve Proclamation Approved by City Manager: David L. Greene 0 '"I-VJ Date: 3/ g/ re City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain WHEREAS, the youth of our community are our most valuable resource and have the creativity and ability to seek feasible solutions to environmental challenges so that they, and future generations, can live in a healthy and sustainable manner; and WHEREAS, environmental education encourages knowledge and understanding about environmental and economic challenges; and WHEREAS, environmental education helps youth develop the necessary skills and expertise to address the environmental and economic challenges we face; and WHEREAS, the sense of environmental responsibility reached through environmental knowledge acts as a catalyst for future participation in sustainable action; and WHEREAS, the natural resources of the state and nation should be used wisely and with due consideration for the future, and the wise use of these resources should be the concern of government at the local, state, and national levels; and WHEREAS, all people benefit from the natural resources of the state and nation: hence, they have citizenship responsibility in the safeguarding and judicious utilization of these resources; and FURTHERMORE, let it be known that the City of Cape Canaveral hereby encourages its residents, businesses, and institutions to use EARTH DAY to celebrate the Earth and commit to building a sustainable and green economy; NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim April 22, 2011, as EARTHDAY In the City of Cape Canaveral and do hereby encourage support of green economy initiatives in the City and to encourage others to undertake similar actions. I I Roe Randels From: Sent: To: Subject: Amanda Gay <agay@flcities.com> Thursday, February 17, 2011 4:48 PM Rocky Randels FLORIDA LEAGUE OF CITIES: Earth Day 2011 --Earth Day Network NOTE FROM FLORIDA LEAGUE OF CITIES' PRESIDENT JOY COOPER: Dear colleague: In April 2011, over a billion people around the world will celebrate Earth Day, which for 40 years has encouraged individuals to make real improvements to our environment. The first Earth Day in 1970 was instrumental in mobilizing public support across the country for the passage of the Clean Air Act, the Clean Water Act and other key environmental laws. Today, Earth Day Network is at the forefront of promoting the green economy. In support of this goal, Earth Day Network is proud to invite you to participate in the Global Day of Conversation. Local leaders are on the front lines of addressing how to build a sustainable future in their communities while at the same time creating job opportunities, energy savings and a healthier environment. The fourth annual Global Day of Conversation is a platform for local leaders to engage constituents and stakeholders in their conununities, through conversations, on challenges and opportunities related to sustainability. These dialogues allow leaders to share best environmental practices, educate the public, and raise the standing of local governments in the global sustainability dialogue. For more information regarding how to host a Conversation in your community, as well as a formal registration fmm, please visit http://www.eai1hday.org/campaign/global-day-conversation. Thank you, Joy Cooper President, Florida League of Cities Mayor, City of Hallandale Beach Member, Earth Day Network Advisory Council City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 3/15/11 Item No. ..3 Subject: Ocean Lifeguard Agreement between Board of County Commissioners of Brevard County and City of Cape Canaveral (2011) Department: Parks & Recreation Summary: A brief summary of the key aspects of the Agreement follows: (1) The Agreement is for the period commencing 10:00 am, March 26, 2011 through 5:00 pm, October 31, 2011. (2) The services cost is $18,721 payable in five monthly payments. (3) The County will provide two lifeguards and equipment during the established hours of 10:00 am and 5:00 pm for the Tyler Avenue area, 100 yards north and south of the staffed tower location. Personnel will be on duty weekends and holidays from 10:00 am until 5:00 pm for the March 26, 2011 through October 31, 2011 time period and on weekdays from 10:00 am until 5:00 pm from May 24, 2011 through the day before Brevard County Public Schools resume the 2011/2012 school year 5:00 pm. Thus, the area is provided lifeguard coverage on weekends for 4.5 months and seven days per week for 2.5 months. This is subject to weather and other incidents/occurrences, which the County in its sole discretion may choose to close the beach. In the event of a water related incident, the County will maintain incident command/control until the victim(s) is removed from the water. If the victim is removed from the water, the County will maintain incident command/control of the scene until law enforcement or Fire Rescue arrives. (4) Liability/Insurance -Neither party nor its officers, employees or agents shall assume any liability for the acts, omissions or negligence of the other party. The parties agree that nothing contained in the Agreement is construed or interpreted as a waiver of Sovereign Immunity or statutory limitations under Section 768.28 Florida Statutes. Each party shall acquire and maintain such liability insurance as required to respond to its obligations under the Agreement and Section 768.28 Florida Statutes. (5) Neither the City nor County shall enter into any agreement with third parties to delegate any or all of the rights/responsibilities under the Agreement without prior written approval of the other party. (6) Books, records and accounts related to performance under the Agreement shall be kept open to inspection during regular business hours and retained by the City for a period of three years after its termination and are subject to the applicable provisions of the Florida Public Records Act, Chapter 119, and Florida Statutes. (7) Any legal action by either party against the other shall be determined in accordance with the laws of the State of Florida with venue in Brevard Countv. (8) The Agreement including exhibits, riders and/or addenda, if any, attached hereto sets forth the entire Agreement between the parties. The Agreement shall not be modified except in writing and executed by all parties. (9) In the event of a violation of any material provision of the Agreement, the non- breaching party may terminate the Agreement upon 30 days written notice to the breaching party and opportunity to cure. Upon termination, the balance owed the County shall be prorated, due and payable within (15) days of termination. (10) Notice under the Agreement shall be given to the County by written notice to the County Manager and to the City by written notice to the City Manager. (11) In the event either party initiates legal action to enforce this, each party shall bear its own fees and costs; trial shall be non-jury. Of the 15 beach-end streets in the City, Tyler Avenue is the only one with a protected beach. The City has 1,578 yards of unprotected beach. This location is among the least populated beaches in Brevard County and has limited parking and no showers or restrooms. The Ocean Lifeguard Agreement provides coverage 100 yards north and south of Tyler Avenue. On a 12 month basis, lifeguard services are provided 2.5 months, seven days per week and 4.5 months on weekends. This leaves five months of unprotected beaches and 4.5 months that are protected only on weekends. Generally, Brevard County provides Lifeguard Towers at locations with adequate parking, showers and restrooms, but there are some locations that remain unprotected. The Recreation Department does not recommend entering into the Ocean Lifeguard Agreement for 2011 based on the diminished population served and the difficult economic times. It would be appropriate for the City to encourage all Tyler Avenue beach goers to use Cherie Down Park if they wish to swim at a protected beach. Cape Canaveral beaches will still be monitored by a roving lifeguard on an ATV from the Cocoa Beach Pier to Cherie Down Park, at no expense to the City. The City would save $18,721. Submitting Department Head: Robert Lefever / (__ Date: 3/2/11 Attachment(s): Ocean Lifeguard Agreement Financial Impact: If City Council accepts Staff's recommendation, the savings to the City will be $18,721. /_/ Reviewed by City Treasurer: Andrea Bowers ~ Date: 3 / 4 / 11 The City Manager recommends that City Council take the following action(s): That the City Council not enter into the Ocean Lifeguard Agreement with the Board of County Commissioners of Brevard County for 2011. Approved by City Manager: David L. Greene Date: 3/q/!I City Council Action: [ J Approved as Recommended [ J Disapproved [ J Approved with Modifications [ J Tabled to Time Certain <Brevard County Pire (Rgscue Timothy J. Mills Fire Rescue Center 1040 S. Florida Avenue Rockledge, Florida 32955 February 16, 2011 David L. Greene, City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 Dear Mr. Greene: Phone -(321) 633-2056 Fax -(321) 633-2057 Enclosed please find for execution by the City of Cape Canaveral the Ocean Lifeguard Agreement between the City of Cape Canaveral and the Board of County Commissioners of Brevard County. Upon your signature please return the Agreement to me at the following address: Carrie Cotter, Special Projects Coordinator II Brevard County Fire Rescue 1040 S. Florida Avenue Rockledge, FL 32955 If you have any questions, please feel free to contact me at (321) 633-2056. Sincerely, C~c~ Carrie Cotter Brevard County Fire Rescue :cc Enclosure ( 1) AGREEMENT THIS AGREEMENT made and entered into this _____ day of ______ ~ 2011, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH: WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreation facilities; and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.01(1)(b ), (f), Florida Statutes. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. TERM: The term of this Agreement is for the period commencing March 26, 2011 (10:00 a.m.) and terminating October 31, 2011 (5:00 p.m.). The County hereby agrees to follow USLA (United States Lifesaving Association) guidelines and provide First Responder Certified lifeguard services for that portion of the City of Cape Canaveral as described in Section 3 for the period commencing March 26, 2011 (10:00 a.m.), and terminating October 31, 2011 (5:00 p.m.). 2. PAYMENT: For the 2011 services outlined herein, the City shall pay to the County Eighteen Thousand Seven Hundred Twenty One Dollars ($18,721.00). Such payments are payable in five (5) monthly payments of Three Thousand One 3. Hundred Twenty Dollars and Seventeen Cents ($3,120.17) and one (1) payment of Three Thousand One Hundred Twenty Dollars and Fifteen Cents ($3,120.15), due on the last day of each month. The first payment is due on April 30, 2011, and the final payment is due on September 30, 2011. The City will receive a monthly invoice from Brevard County Fire Rescue 30 days prior to the due date. Please remit all payments to: Brevard County Fire Rescue, ATTN: Finance, 1040 So. Florida Ave., Rockledge, FL 32955. SERVICES: A. The County agrees to provide all personnel and equipment, as provided below, and First Responder Certified lifeguard services between the hours of 10:00 a.m. and 5:00 p.m., or at such other times mutually agreed to in writing signed by both parties within the following area: 1. Tyler Avenue within a portion of the beach 100 yards north and south of one ( 1) staffed tower in this location. B. The above referenced area will have one (1) staffed tower (two (2) lifeguards). C. Year 2011, said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. for the period commencing March 26, 2011 (10:00 a.m.) and ending October 31, 2011 (5:00 p.m.), on the weekdays from' 10:00 a.m. until 5:00 p.m. beginning May 24, 2011 at 10:00 a.m., and ending the day before Brevard County Public Schools resume the 2011/2012 school year 5:00 p.m. D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the sole discretion of the County, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services in the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios and training to ensure 2 that the lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the County. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. After the victim(s) is removed from the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law enforcement agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement or Fire Rescue arrives. 4. LIABILITY AND INSURANCE: A. Neither party hereto, nor its respective officers, employees, or agents shall assume any liability for the acts, omissions, or negligence of the other party, or the other party's officers, employees or agents. B. The parties further agree that nothing contained herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance as required to respond to their obligations under this Agreement and Section 768.28, Florida Statutes. 5. ASSIGNMENTS: Neither the City nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. AUDITING, RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, 3 records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. All records or documents created by the City or provided to the City by the County in connection with the activities or services provided by the County under the terms of this agreement, are public records and the City agrees to comply with any request for such public records or documents made in accordance with Section 119.07 Florida Statutes. 7. JURISDICTION, VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. 8. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. 9. TERMINATION: In the event of a violation of any material provision of this Agreement, the non-breaching party may terminate the Agreement upon 30-day written notice to the breaching party and opportunity to cure. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (15) days of termination. 4 10. NOTICE: Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Building C, Viera, Florida 32940, and notice shall be given to the City by delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape Canaveral, Florida 32920. 11. ATTORNEY'S FEES AND COSTS: In the event either party initiates legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non-jury. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. BREVARD COUNTY, FLORIDA By: --;-:---:-:-:---=:-----::-----:-:------;;7-.-H ow a rd N. Tipton, County Manage Reviewed for legal form and con CITY OF CAPE CANAVERAL, FLORIDA WITNESS: By:---------------- (Signature/Title) David L. Greene, City Manager (Printed) 5 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/15/2011 Item No. -/ Subject: Resolution No. 2011-04, Temporary Suspension of Permit Fees for Electronic Signs Department: Community Development Summary: On September 15, 2009 City Council adopted Ordinance 05-2009, which, among other things, substantially revised the City's sign regulations and permitted electronic signs subject to certain limitations. Given the current state of the economy, City Council desires to temporarily suspend permit fees for the construction of or conversion to electronic signs. This Resolution will temporarily suspend the permit fees required for the construction of or conversion to an electronic sign for a period of one (1) year from the effective date of this Resolution and may be extended for one (1) additional one (I) year period by majority vote of the City Council. City Council reserves the right to terminate, at any time, the one (I) year suspension period by majority vote of the City Council. The issuance of a permit shall still be required prior to the construction of or conversion to an electronic sign and all other provisions of Chapter 94 not affected by this Resolution shall remain in full force and effect. Submitting Department Head: Todd Morie" · .., / Date: 03/06/11 /_>--" Attachment(s): Resolution No. 2011-04 Financial Impact: Potential loss of permit revenue. Am<J'"'" Reviewed by City Treasurer: Andrea Bowers Date: 3/7111 The City Manager recommends that City Council taRifthe following action(s): Approve Resolution No. 2011-14, Temporary Suspension of Permit Fees for Electronic Signs. Approved by City Manager: David L. Greene ()-i.,-t.. Date: 3/7 /11 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2011-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE TEMPORARY SUSPENSION OF PERMIT FEES IMPOSED BY SECTION 94-35 FOR ELECTRONIC SIGNS ONLY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR ONE (1) ONE (1) YEAR EXTENSION OF THE SUSPENSION PERIOD BY A MAJORITY VOTE OF THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b ), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, over the course of many months, the City Council and the Planning & Zoning Board comprehensively reviewed Chapter 94 of the City Code regarding the permitting and regulation of signs; and WHEREAS, on September 15, 2009, the City Council adopted Ordinance 05-2009, which, among other things, substantially revised the City's sign regulations and permitted electronic signs in the City of Cape Canaveral subject to certain limitations; and WHEREAS, given the current state of the economy, the City Council desires to temporarily suspend permit fees for the construction of or conversion to electronic signs to allow property and business owners to take advantage of the Code's electronic sign regulations and create increased awareness of local businesses; and WHEREAS, the City Council believes that temporarily suspending permit fees for electronic signs is in the best interest of the citizens and business owners of Cape Canaveral; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. City of Cape Canaveral Resolution No. 2011-04 Pagelof3 Section 2. Temporary Snspension of Permit Fees for Electronic Signs. The Cape Canaveral City Council hereby approves temporarily suspending the imposition of permit fees required pursuant to section 94-35 of the Cape Canaveral City Code for the construction of or conversion to an electronic sign for a period of one (I) year from the effective date of this Resolution. The issuance of a permit shall still be required prior to the construction of or conversion to an electronic sign, and all other provisions of Chapter 94 not affected by this Resolution shall remain in full force and effect. Section 3. Extension of Suspension Period. The one (1) year suspension period set forth in Section 2 of this Resolution may be extended for one (I) additional one ( 1) year period by a majority vote of the City Council at a duly held City Council meeting. Section 4. Termination of Snspension Period. Notwithstanding any other provision of this Resolution, the City Council reserves the right to terminate, at any time, the one (I) year suspension period set forth in Section 2 herein. Any such termination shall by majority vote of the City Council at a duly held City Council meeting. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 15th day of March, 2011. [SIGNATURE PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2011-04 Page 2 of 3 Rocky Randels, Mayor ATTEST: ANGELA APPERSON, City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney BobHoog Jim Morgan Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 2011-04 Page 3 of 3 For Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/15/2011 Item No . .S: Subject: Award of Bid for Rehabilitation of Lift Station #2 (LS #2) located on the north side of Center Street to Danus Utilities Inc., Port Orange, Florida, in the amount of $28,311. Department: Public Works Summary: Public Works Staff received seven (7) bids for Structural Improvements and General Rehabilitation of LS #2. This Lift Station is approximately 23 years old. Over the years, Staff has been operating a "fix and repair as needed" program. In an effort to bring the City's lift stations up to standard specifications for piping, valves and check valves, Staff is implementing a Lift Station Rehabilitation Program. Rehabilitation of US # 2 includes repairing floor and base where the pump is set. The base is off center and the pump vibrates, thus causing premature pump and pipe failure. 90 degree pipe joints are deteriorated and need replacement. Connecting pipes in the valve box, check valves, shut-off valves and by-pass valves (used in emergencies) will also be replaced during rehabilitation. Staff proposes rehabilitation of one (1) Lift Station per year, beginning with the oldest (over 20 years). Lift Stations scheduled for rehabilitation include #'s 9, 7, 8, 6 and 12. Completion is within the next five (5) years. Danus Utilities, Inc., Port Orange, Florida, was the low bidder with a bid of $28,311. All received bids are summarized in Attachment #1. Work will commence fifteen (15) days after receipt of City Purchase Order. Submittina Department Head: Walter Bandish LMJ Date: 2/8/11 Attachment(s): 1. Summary of Bids 2. Seal Bid Specifications 3. Contract 4. Contractor Package Financial Impact: The Low Bidder for Rehabilitation of Lift Station #2 is Danus Utilities in the amount of $28,311. The Capital Budget for 2010/2011 sew,000 for this work. Reviewed bv Citv Treasurer: Andrea Bowers 1 Date: J. / J1 / If The City Manager recommends that City Council. take the following action(s): Award Bid for Rehabilitation of Lift Station #2 located on the north side of Center Street to Danus Utilities Inc., Port Orange, Florida, in the amount of $28.311. Approved by City Manager: David L. Greene c) '3J--t-Date: J./11 /11 City Council Action: [ J Approved as Recommended [ ] Disapproved [ J Approved with Modifications r 1 Tabled to Time Certain Attachments #1 City of Cape Canaveral Bid Tally Sheet -Structural Improvements and General Rehabilitation of Lift Station #2 -BID #2011-01 Firm Location Bid Amount ~Y'r-:c.o ~s-1-(' "'RP ,ll 3'/.°117-60 V~L,Hes .$1,~>.i':::.;>' j oo J::)r..(\,;;,~ .. T • :i_:r, e ' . . . ·, : . l.J.:.' H-;,...~o \,,_.,..,.,\ t:;~IJD ~ -tl '-If, SSL. .OQ . II =.. ..,b,111. 'I:,.,~. ,tl ~,. l..£0.00 ( R <:;_ (', ' ".S' ~ 33, t,, 7.5. 00 , CfYlA ~ ~7&{.00 A+lo.n \-; c ~ t:t C"©Pr .5 .35, 81.P't .'-fO Structural Improvements and the General Rehab of Lift Station# 2 Atlantic Development of Cocoa, Inc. $35,868.40 / 15 5 5 30 70 IS C&S Technical Resources Inc. $33,675.00 ,,,.-I) 5 z-5 5"0 <37->' IS CMA Construction $49,764.00 / / s -5 35 /S 1, 1( / 5 l;O /OD Danus Utilities Inc. $28,311.00 !b Derrico Construction Corp. $34,917.00 10 IS 5 5 10 75 / 15' 5 5 10 Harrell Development Inc. $41,600.00 IS 5---v Hinterland Group Inc. $41,356.00 is 10 5 5 io t..eO 9~·,= -ta-I-,,,.,~:h /I j 2-~-Zl'I/ .. ---······------·--··. ·•·• .... Structural Improvements and the General Rehab of Lift Station # 2 Atlantic Development of Cocoa, Inc. $35,868.40 IS /2 3D 66 C&S Technical Resources Inc. $33,675.00 15 13 s ;!.5 so ;,rs.s CMA Construction $49,764.00 IS IS 5 -S Y5 Danus Utilities Inc. $28,311.00 IS /S tD fl Derrico Construction Corp. $34,917.00 /V !S 5 LjO 75 Harrell Development Inc. $41,600.00 IS-I~ /0 Yf Hinterland Group Inc. $41,356.00 /) I 5 5 5 ;zO 60 d-f/// Structural Improvements and the General Rehab of Lift Station # 2 Atlantic Development of Cocoa, Inc. $35,868.40 t( 1< ? 5 J-0 -0 C&S Technical Resources Inc. $33,675.00 ,- /~ < ---I f7 ;2 ,':) 51> fl.5- $49,764.00 / ( ,/' -CMA Construction --j ../ / '1 /5 ) 3~ Danus Utilities Inc. $28,311.00 t1' /( ,r / ') s ro l' f) Derrico Construction Corp. $34,917.00 ID ,{ / s" -J-5 ~ ~Ft Harrell Development Inc. $41,600.00 ./ r 5 !Jr-tFD ! '1 ,, ID Hinterland Group Inc. $41,356.00 1{ ,,.-( 5 / ') 10 bD . J-tf-1/ Attachments #2 REQUEST FOR SEALED BIDS FOR STRUCTURAL IMPROVEMENTS AND GENERAL REHABILITITATION OF LIFT STATION #2 B1D#2011-01 The City of Cape Canaveral (City) invites Licensed General Contractors in accordance with Florida Statutes to submit a sealed Bid for the completion of structural improvements and the general rehabilitation of Lift Station #2 located on Center Street. Contractors with demonstrated expertise are invited to submit a Bid. Instructions for bids may be obtained from the City of Cape Canaveral, 105 Polk Avenue, Cape Canaveral, Florida 32920 by contacting the City Clerk's office at {321) 868-1221. A mandatory pre-bid meeting will be held at the Public Works administration office located at 601 Thurm Blvd. Cape Canaveral Fl 32920 on Monday, January 17, 2011 at 10:00 a.m. For directions or other information, please contact Phillip Bissett at the Public Works Department at (321) 868-1240. Bids will be accepted until 3:00 p.m. on Monday, January 24, 2011 at which time they will be publicly opened and read aloud in the City Clerk's office located at 105 Polk Avenue, Cape Canaveral, Florida. The City reserves the right to reject any or all bids or parts thereof, or to accept one or more bid(s) or parts thereof when considered to be in its best interests of the City. 105 Polk Avenue-P.O. Box 326 -Cape Canaveral, FL 32920 Telephone (321) 868-1221 -Fax (321) 799-3170-www.myflorida.com/cape e-mail: ccapecanaveral@cfl.rr.com .. REQUEST FOR SEALED BID: Structural Improvements and the General Rehabilitation of Lift Station #2 BID #2011-01 Overview. The City of Cape Canaveral (City) invites Licensed General Contractors in accordance with Florida Statutes to submit a sealed Bid for the completion of structural improvements and the general rehabilitation of Lift Station #2 located on Center Street. Contractors with demonstrated expertise are invited to submit a Bid. Instructions for bids may be obtained from: The City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 City Clerk's Office (321) 868-1221 A mandatory pre-bid meeting will be held at the Public Works Administration office located at 601 Thurm Blvd. Cape Canaveral Fl 32920 on Monday, January 17, 2011 at 10:00 a.m. For directions or other information, please contact: Phillip Bissett Public Works Department Supervisor Cape Canaveral Public Works (321) 868-1240 fax (321-868-1233). Bids will be accepted until 3:00 p.m. on Monday, January 24 2011 at which time they will be publicly opened and read aloud in the City Clerk's office located at 105 Polk Avenue, Cape Canaveral, Florida. The City reserves the right to reject any or all bids or parts thereof, or to accept one or more bid(s) or parts thereof when considered to be in the best interests of the City. Section I: Scope of Services The City is soliciting bids for the completion of structural repairs and the general rehabilitation of Lift Station #2 located on Center Street. Specifically, the selected Contractor shall: • Obtain all permits and approved inspections for all aspects of the project work. • Specify all materials to be used. • Assist in the setup of City-owned bypass equipment from the wet well to the existing bypass stand pipe. • Disconnect and remove the rail system, base elbows and piping from the wet well. • Disconnect and remove all piping, valves and the drain from valve vault -remove the valve vault. ' ,. • Furnish and install new 6' x 6' valve vault with 36" x 48" aluminum hatch. Pre-cast coatings to be standard bitimastic paint both interior and exterior. • Furnish and install new 6-inch diameter piping, fittings and valves starting from the 90 degree bends in the wet well through the vault to the connection at the force main shut off bypass valve located outside the vault. • Re-establish drain in the valve vault to the wet well. • Raise floor in wet well by 6 inches with concrete. • Ad just [modify] pump stand pipes and pump guide rails to accommodate the rise in floor height. • Assist in installing and setting pumps in wet well and start-up and testing of lift station. • Remove and cap the current bypass valve connection below grade outside the valve vault. • Sod all disturbed areas. Qualified bidders shall possess proper licensure in accordance with Florida Statutes. The duration of the project shall not exceed four (4) weeks. During construction, the interior of the lift station shall remain protected from the elements. Warranty information for both materials and labor shall be included with bid proposals. Section II: Insurance Requirements Upon award, the successful bidder shall be required to obtain and furnish to the City of Cape Canaveral, prior to the contract being effective, Certificates of Insurance with the following minimum coverage: a. Workers Compensation shall be maintained for all employees engaged in the work under the Bid, in accordance with the Laws of the State of Florida. b. Employers Liability Insurnnce shall be maintained at limits no less than the following: $100,000 Each Accident $100,000 Disease Each Employee $500,000 Disease Aggregate c. Comprehensive General Liability Insurance shall be maintained with minimum limits not less than the following. $1,000,000 Bodily Injury & Property Damage -each occurrence $1,000,000 Personal & Advertising Injury-each occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregated limit $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and independent contractor's liability. d. Automobile Liability Insurance shall be maintained with a combined single limit of not less than $1,000,000 Bodily Injury and Property Damage in accordance with the Laws of the State of Florida, as to the ownership, maintenance and use of all owned, non-owned, leased or hired vehicles. e. Professional Liability Insurance shall be maintained with a combined single limit of not less than $1,000,000 protecting the firm against claims of the City for negligence, errors, mistakes or omissions in the performance of services to be performed and furnished by the selected firm. £ Endorsement All policies are to be endorsed to include the City as insured. In the cancellation clause, the work endeavor shall be excluded and the number thirty (30) inserted in the blank space provided before the work days prior notice. All contractor policies are to be considered primary to City coverage and shall not contain co- insurance provisions. g. Contractor will guarantee that each sub-contractor possess and maintains required insurance. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The City will be named as an additional named insured on each policy. Section ill: Other Requirements A. Bids will be accepted until 3:00 p.m. on Monday, January 24, 2011. Those received after that time will not be considered. A total of three (3) copies (one stamped as "ORIGINAL") of the Bid must be submitted and clearly marked with "Bid #2011-01 -Structural Improvements and the General Rehabilitation of Lift Station #2" and mailed or hand delivered to the City Clerk of Cape Canaveral located at City Hall. B. Delivery of bids by the following means: I. Bids mailed shall be addressed to: City of Cape Canaveral City Clerk's Office P.O. Box326 Cape Canaveral, FL 32920-0326 Attn: Structural Improvements and the General Rehabilitation of Lift Station #2 -Bid #2011-01. 2. Bids hand delivered to: City of Cape Canaveral City Clerk's Office 105 Polk Avenue Cape Canaveral, FL 32920-0326 Attn: Structural Improvements and the General Rehabilitation of Lift Station #2 -Bid #2011-01. C. Bids shall include the items listed below: 1. Letter of Interest; 2. Contractor's qualifications and history of performing the same or similar work; 3. Qualifications of any Subcontractors to be committed to the project; 4. A list of at least (3) three similar projects completed with a brief project summary with customer's name, address, contact person, and telephone number; 5. Proof ofliability/worker's comp insurance; 6. Completed copy of A Drug Free Workplace Form, included in bid package; 7. Copies of certifications and licensures; and 8. Contractor's bid sheet. Failure to execute and submit the above forms will subject your response to disqualification. Reviewing and listing of the firm's bids will be by the Public Works Director. There will not be a need for any presentations by firms. The final selection will be based on the Public Works Director's presentation to the City Council at a scheduled public meeting. The City reserves the right to withdraw this Request for Bids at any time to protect its best interests. Public information will be provided to the Contractors and the date of the scheduled public City Council meeting. ,, DRUG-FREE WORKPLACE PROGRAM To be considered for a bid award from the City of Cape Canaveral a firm must have a Drug-Free Workplace Program in-place. In order to have a drug-free workplace program, a firm shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing or possession of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the firm's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1) above. 4. In the statement specified in subsection (1) above, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor Signature Name of Company Vendor Printed Name Attachments #3 Lift Station# 2 Rehabilitation AGREEMENT THIS CONSTRUCTION AGREEMENT ("Agreement") is made this day of __________ , 2011 between the City of Cape Canaveral, a Florida municipal corporation ("Owner"), whose address is 105 Polle Avenue, Cape Canaveral, Florida 32920, and Danus Utilities, Inc., a Florida corporation ("CONTRACTOR"), whose address is 6214 Tortoise Creek Lane, Port Orange, Florida 32128, as follows: 1. DESCRIPTION OF WORK-CONTRACTOR shall perform the Work, in accordance with the Contract Documents for the Rehabilitation of Lift Station # 2. The Work includes all labor, supplies and other facilities or things necessary to produce such construction, and all materials, equipment, and supplies incorporated or to be incorporated in such construction. 2. CONTRACT DOCUMENTS -The Contract Documents consist of this Agreement; Exhibits and any Addenda to the Agreement; Contractor's Bid Submittal, dated January 24, 2011; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; and all Change Orders approved by the City after execution of this Agreement. These Contract Documents are attached hereto as "Exhibit A" and are hereby incorporated into this Contract by this reference. 3. ORDEROF PRECEDENCE -In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement, Exhibits and Addenda; b. Contractor's Bid Submittal; c. Change Orders; d. Supplemental Terms and Conditions; or e. General Terms and Conditions. Any inconsistency in the Work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION -At its discretion, during the course of the Work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the OWNER, at its sole discretion, will interpret the intent of the Agreement and Work descriptions and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the Work in accordance with the decision of the OWNER. When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the Work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The OWNER shall have full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and allow the OWNER to make a detennination before CONTRACTOR uses the substitute. 5. CONTRACT TIME -The CONTRACTOR shall begin Work no later than March 28, 2011 and shall be substantially complete (i.e., complete with only final punch list items remaining) 20 consecutive calendar days thereafter. CONTRACTOR shall fully complete the Work within 30 consecutive calendar days from March 28, 2011. Extensions, if any, may be authorized by OWNER, and may only be granted in writing. 6. LIQUIDATED DAMAGES -OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, CONTRACTOR shall pay OWNER $50.00 for each day that expires after the time specified in Paragraph 5 for final completion until the Work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten Dollars ($10.00) as consideration for this provision. 7. Fixed PRICE CONTRACT -The OWNER will pay the CONTRACTOR in current funds for the perfonnance of the Work, subject to additions and deductions by Change Order, based upon the following fixed prices: a. $28,311.00 Structural Improvements and general Rehabilitation to Lift Station # 2 Other services provided by the CONTRACTOR, such as maintenance-of-traffic (MOT), and general cleanup. The Owner may withhold payment if: a. Work is found defective and not remedied; h. CONTRACTOR does not make prompt and proper payments to subcontractors; b. CONTRACTOR does not make prompt and proper payments for labor, materials, or equipment furnished him; c. Another CONTRACTOR is damaged by an act for which CONTRACTOR is responsible; or d. Claims or liens are filed on the job. 8. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the perfonnance of any material covenant or condition of this Agreement and does not cure such default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary thereafter; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE -Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes ( except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER's affiliates' generating plants, their equipment, or facilities; court injunction or order; · federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for 60 days, either party may tef!1linate this Agreement. 10. SEVERABILITY -In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 11. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCIDTECT: DUTIES AND AUTHORITY -The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Phillip Bissett, Utilities Supervisor, or his authorized representative, is the OWNER's Project Manager during the entire period of construction. The OWNER (City) may change the Project Manager during the term of this contract. b. Inspections,· Opinions, and Progress Reports. The OWNER shall be kept familiar with the progress and quality of the Work by CONTRACTOR and may make periodic visits to the worksite. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during the Work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous onsite inspections to perform his duties of checking and reporting on Work progress, and any such inspections shall not waive OWNER's claim and disputes regarding defective Work by the CONTRACTOR. d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and OWNER. e. Rejection and Stoppage of Work. The OWNER shall have authority to reject Work which in its opinion does not conform to the Contract Documents, and in this connection may stop the Work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the Work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 12. PROGRESS MEETING. OWNER's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of Work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER's Proj eel Manager. 13. RESPONSIBILITIES OF CONTRACTOR. -CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all Work. CONTRACTOR shall supervise and direct the Work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for Work on the project any person unfit or without sufficient skill to perfonn the job for which he was employed. c. Furnishing ofLahor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials, and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and Work necessary for the proper completion of Work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and pennits necessary for proper completion of the Work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized by the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract Work. e. Written Guarantee. CONTRACTOR will provide written guarantee for Work and materials for one (1) calendar year after acceptance by Owner. 14. ASSIGNMENT -CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without prior, written consent of the OWNER. a. If upon receiving written approval from OWNER, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions perfonned by the subcontractor as if no subcontract had been made. b. If OWNER determines that any subcontractor is not perfonning in accordance with this Agreement, OWNER shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 15. THIRD PARTY RIGHTS -Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 16. PROHIBIDON AGAINST CONTINGENT FEES -CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 17. NO JOINT VENTURE -Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 18. INDEMNIFICATION -CONTRACTOR shall indemnify and hold harmless the City, its officers, employees, and City attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and person employed or utilized by CONTRACTOR in the performance of this Agreement. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and City attorneys which may be covered by this indemnification. In all events the OWNER and its officers, employees, and City attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 19. SAFETY -CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 20. CORPORATE REPRESENTATIONS BY CONTRACTOR -CONTRACTOR hereby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution , delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or the president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the Work stated in Paragraph 1 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 21. BONDS -CONTRACTOR shall not have to supply materials, performance or payment bonds. 22. INSURANCE -During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this Paragraph 22. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding workers' compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these paragraphs for Paragraph 22. 23. MEDIATION/VENUE -The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 24. GOVERNING LAW AND VENUE -This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 25. ATTORNEY'S FEES -Should either party bring action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or appeal. 26. NOTICES -Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 27. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 28. DOCUMENTS -Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. 29. SOVERIEGN IMMUNITY -Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal Jaw. As such, the City shall not be liable, under this Agreement, for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than One Hundred Thousand Dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of Two Hundred Thousand Dollars ($200,000). 30. HEADINGS -Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 31. INTEGRATION; MODIFICATION -The drafting, execution, and delivery of this Agreement by the parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 32. WAIVER AND ELECTION OF REMEDIES -Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 33. DRAFTING -OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event ofa dispute between parties. Signed, Sealed and Delivered in the presence of: Witness: Print Name: -------- Witness: Print Name: -------- Witness: Print Name:-------- Witness: Print Name:-------- CONTRACTOR: Danus Utilities, Inc. a Florida corporation Print Name: --------Title: _________ _ Date: _________ _ OWNER: City of Cape Canaveral, a Florida municipal corporation David Greene, City Manager Date: __________ _ Attachments #4 Danus Utilities Inc. 6214 Tortoise Creek Lane Port Orange, FL 32128 CUC#1224744 Bid #2011-01 Structural Improvements and the General Rehabilitation of Lift station #2 City of Cape Canaveral City Clerk's Office P.O. Box 326 Cape Canaveral, FL 32920-0326 P.O. Box 291671, Port Orange, FL32129 Phone: 386-233-5588 / Fax: 386-761-9693 danus@cfl.rr.com CUC# 1224744 I Bid #: 2011-01 Date: 1-24-2010 Submitted to: City of Cape Canaveral 105 Polk Ave. Cape Canaveral, Fl 32920 Rehabilitation of Lift Station # 2 Bid Sheet • Obtain all permits and approved inspections for all aspects of the project work. • Assist in the setup of City-owned bypass equipment from the wet well to the existing bypass stand pipe. • . Disconnect and remove the rail system, base elbows and piping from the wet well. • Disconnect and remove all piping, valves and the drain from valve vault -remove the valve vault. • Furnish and install new 6' x 6' valve vault with 36" x 48" aluminum hatch. Pre-cast coatings to be standard bitimastic paint both interior and exterior. • Furnish and install new 6-inch diameter ductile iron piping, fittings shall be mechanical joint with a minimum pressure rating of 250 psi. Work starting from the 90 degree bends in the wet well through the vault to the connection at the force main shut off bypass valve located outside the vault. • Furnish and install 2 new Dezurik or approved equal plug valves and 2 new Mueller or approved equal swing type check valves. • Re-establish drain in the valve vault to the wet well. • Raise floor in wet well by 6 inches with concrete. • Adjust [modify] pump stand pipes and pump guide rails to accommodate the rise in floor height. • Assist in installing and setting pumps in wet well and start-up and testing oflift station to ensure proper pump seating. • Remove and cap the current bypass valve connection below grade outside the valve vault. • Sod all disturbed areas. • 1 Year workmanship and material warranty . Total Lump Sum: $28,311.00 Title l]..e,,,z;,/e,vfc ! I Danus Utilities Inc I 6214 Tortoise Creek Ln Port Orange,Fla 32128, Phone: 386-233-5588 E~Mail: dpardus@cfl.rr.com Web: danusutilities.com 1/23/2011 History I Qualifications Danus Utilities Inc specializes in sanitary sewer lift station rehabilitation and new lift station installation in the central fl.a area. Dan Pardus owner/operator ofDanus Utilities Inc has been in the underground utility business since 1995. Dan Pardus holds a Fla underground utility license .Danus Utilities has successfully completed 30 plus lift station rehabs in the past 3 years in the central Fla area. Dan was the Operations Manager at J & H Waterstop for 2 years before purchasing the lift station division and starting the company that is today Danus Utilities Inc. Danus Utilities also installs Fiberglass liners in lift stations and manholes and is a certified install for AFB :fiberglass liners through-out central Fla.Danus Utilities has the following certifications. State of Fla Certified Underground Contractor. Confmed Space Certifications. MOT Safety Certified. HDPE fusion certified. Trench safety shoring certified. Backflow Tester and Repair certified. Associated Fiberglass liner installers . . .. ···------------· ···-----·· ____ , .. _______ _ --/ . . . . . . . . . ' . ! 1 : t : ! i { ' l ' i: ANUS ;; I : i ; I ' i : i ; f J I ! l : ; i f J. : i : } ' I : i ; .: TILITIES // ~ ! l J ~ ; : ; ; ; !' j . ' l j ; i I ! ,} ! ·. ~.,.,. ____ ~,n------~~~w-~~ INC _., . ...,. _ _.__ _, ........ :,, ,' . ···, "WE DD IT RIGHT" r-· ·. ' ·-· .. J·- Specializing in Sanitary Sewer Lift Station Installation, Rehabilitation and Service.Your one Stop Shop. • Lift Station/Manhole Rehab, Installation, Inspections & Repairs • Underground Utility repairs and installation • Sanitary & Storm Cleaning and TV Video • Stop leak Chemical Grouting • Fiberglass Liner Installation or Coating needs • Bypass pumping of wet wells & manholes • Private lift station Service & Maint~nance programs • HDPE Fusion, Confined Space, MOT Certified • Backflow Assembly Testing & Repair Certified CUC1224744 DANUS UTILITIES INC P.O. BOX 291671 PORT ORANGE,FLA 32129 386-233-5588 Website: Danusutilities.com E-mail: dpardus@cfl.rr.com SUBCONTRACTOR LISTING 1.BEYEL BROS CRANE SERVICE EST 1989.FAMILY OWNED & OPERATED. JACKSONVILLE: DAYTONA: MELBOURNE: PEMBROKE PINES: MIAMI: Satellite Locations 904-720-2228 386-252-8883 321-724-5191 561-681-9654 561-798-5776 -----·-·· -·-·· --·-··-· -· .. --·-·-·· ---------·· .. ...,. ·'------·-· ---..... -------· .. --·-· ·--... ___ . EXPERIENCE OF BIDDER NAME OF BIDDER: DANUS UTILITIES INC. Structural Improvements and the General Rehabilitation of Lift Station #2 Project Name Date I Project Name Pro· ect Location l Owner's Contract Amount/ Final Contract Amount Delays; I Project Location 'I Name Pro· ect Name?, • · Owner's Re. Phone# t Amount/ Final Contract Arnau -• • eCC S {).~ Project Location C.! Project Location Ci-~ Owner's Re . Phone #. Contra Amount ACORD" CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDNYYY) 1.....,....---' 7/9/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. JMPORTANT: lf the certificate holder fs an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endoJSement(s). PRODUCER ~ru;~cT Paula Shephard, CISR Caton-Hosey Insurance PHONE • (386) 767-3161 I fM Nol: (3861760-1770 3731 Nova Rd. :o~ss:Paula@catonhos~y.com PRODUCER 1#00014563 Port Oranae FL 32129 INSURER/SI.AFFORDING COVERAGE NAIC# JNSURED INSURERA:Southern Owners 10190 INSURERB:Pro,,.....essive E'V"nress Insurance 0193 Danus Utilities, Inc INSURl:RC; 6214 Tortoise Creek Lane INSURERD: INSURERE: Port Orange FL 32128 INSURERF: COVERAGES CERTIFICATE NUMBER•CL107205014 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 1/t/tTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITJONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR lYPE OF INSURANCE a, r&SM&"LEff_ ',~\-Jt;:"!'.!=!t"' .. LTR POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 - ~"''''Eu., .K ==:]MMERCIAL GENERAL LIABILITY occurrence s 300,000 A CtAIMS-MAOE [iJ OCCUR r1'2720434 fJ'/2/2010 7/2/20ll MED EXPfAnvoneperson) s 10,000 -··- PERSONAL&AOV INJURY s 1,000,000 - -GENERAL AGGREGATE s 2,000,000 "ilLAGG~Er~t LIMIT APPnS PER: PRODUCTS· COMP/OP AGG s 2,000,000 POLICY l;'tw,: LOC s AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT s 1,000,000 ~ (Ea accldenl) 1--AtfY AUTO BODILY INJURY (Perpe~n) $ E ALL O'Ml!ED AUTOS 04276954-1 17/28/2010 7/28/2011 'x BODILY INJURY {Per accident) s SCHEDULED AUTOS ~ PROPERTY DAMAGE s X HIRED AUTOS (Per accident) 'x NON-OWNED AUTOS HCF09 s -Unlnsure<I'. molori~ Bl spll! limll $ 1,000,000 UMBREUAUAB HOCCUR EACH OCCURRENCE: $ ~ EXCESSLIAB ct.AIMS-MADE AGGREGATE $ ~ DEDUCTIBLE $ RETENTION s $ A WORKERS COMPENSATION X I _vt9.~~TI!:.. I IOJ!I- ANO EMPLOYERS' LIABILITY y / N 100.000 ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? 172720756 7/2/2010 17/2/2011 (Mandatory In NH) E.L DISEASE· EA.EMPLOYE s 100 000 ~;Mie~Q1'g?ERATl0NS below E.L DISEASE. POLICY LIMIT s 500. 000 DESCRIPTION OF OPERATIONS ILDCATIONS/ VEHICLES (Attach ACORD 101, Add!Honal Remarks Schedule, if more space Is requrred} CERTIFICATE HOLDER **For Insured 1 s ACORD 25 (2009/09} INS025 (200909) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purposes Only** ACCORDANCE WITH THE POLICY PROVISIONS. AUTiiDRIZED REPRESENTATIVE ~ ~ q. ~ John Hosey/MRS © 1988-2009ACORD CORPORATION. All nghts reserved. The ACORD name and logo are registered marks of ACORD ~-. • • 1 ~~-.·, ;,.,~;:";·'.:· '· '\t:;1,~!{ ::i{t:f~g~ijti!f~t ----- , _____ OHM .M--0 , -. -. ---·----------------.. ~------·---, ~~J .. ~. ~·J-~· ~i:~·if' \ Sunshine Safety Council, Inc. MOTC Approval I.D. #40 Presents this Certificate to: Dan Pardus Upon Successful Completion of the Work Zone Traffic Control Intermediate Course Completion Date: 2/3/2008 Expiration Date: 2/3/2012 Issue Date: 2/3/2008 Instructor: Roger O Sanders I i I I l __ i 1 ' Certificate of Completion This card confirms that Sam Gaines has completed the NUCA Confined Space Entry Ptogram and has obtained 5 CEU's on December 6 1 2008 lnscructo, Dan Sheffer hnudb, Certificate of Completion This ca.rd confirms that Pardus has completed the NUCA Confint:d Space Entry Program and recelved 0.5 CEU's (5 Credit Hours) on December 6. 2008 lnscrucco, Dan Sheffer The National Utility Contractors Asssociaticin The Nar.ional Utility Conaaccors Association Certificate of Completion This card confirms thac Wesley E McKetban ,Tr has completed the NUCA Confined Space Encry Program and received 0.5 CEU's (5 Credit Hours) on December 6, 2008 Instt1.1ctor Dan Sheffer hnudb, Certificate of Completion This card confirms that Joe Guffenber't has completed e NUCA Confined Space Emry Program and received 0.5 CEU's .(5 Credit How;s) The National Utility Contractors Association Insmtcto, Dan Sheffer hnudb, The National Utilicy Contractors Association , .. .::;, -·~- •f:" -···" .: ..., .. Certificate of Completion This card confirms that Johnny Qvinones nas completed the NUCA Confined Space Entry .Program and received 0.5 CEU's (5 Credit Hours} on December 6, 2008 Instructor nan Sheffer hnudb, The National Utility Contractors Association ; . :..,.._·. ~~.c:.t., ,I / L,:-':..•. •ou 0 . -·::.. ~-~· . . .. ···""·--··-·--····-· : .... .. \.;,_;. .. ~ .. .. , .,,..,.~ .. DRUG-FREE WORKPLACE PROGRAM To be considered for a bid award from the City of Cape Canaveral a firm must have a Drug-Free Workplace Program in~place. In order to have a drug-free workplace program, a firm shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing or possession of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the firm's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the co=odities or contractual services that are under bid a copy of the statement specified in subsection (1) above. 4. In the statement specified in subsection (I) above, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's co=unity, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. M,Ji1<;. l/-i; l.'.£,e.i,. Name of Company 5 TO: FROM: DATE: RE: MEMORANDUM Potential Bidders Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 01/11/11 Addendum#l Structural Improvements·and General Rehabilitation Of Lift Station #2 Bid #2011-01 Addition to Scope of Work: This project will also require that the pump bases be replaced. There are two pump bases -both are 6 inches x 6 inches -the Flygt pump model number is 3152 (20 horsepower). aF • • Reference Checklist Structural Improvements and General Rehab of LS# 2 ~V~n~v~c-t._.t,.._,\4~Z=' ·~"'~"~r __ Used your Firm as a professional reference for Lift station Improvement projects. Could you take a minute to answer the following questions? 1). Are you satisfied with the overall workmanship that was completed? f"<1r,'rhc-d 2). Have there been any issues with the finished product? ,tlo -::z:rrve.r 3). Were the contractors employee's professional and courteous while performing the work? tfit'"f f'l'Dl'ef.r,i:,,,1,, I ,,._,f--.a II ,,..:.i .. .-r 4). Were there any employee safety issues during the project? /V&' f1t-ff"N ,'r.rve.J 5). Were there any change orders associated with this project? ;vo chan1.-o.-d.-rJ" 6). Would you hire this firm again for future projects of this nature? yer Date: /-,J'/-21)// Time: 10:00 QM City interviewer: ---;:;3 ~ Reference Checklist Structural Improvements and General Rehab of LS# 2 _U~A_tJ_u_cS~U~+,~t~;,..~~~'--Used your Firm as a professional reference for Lift station Improvement projects. Could you take a minute to answer the following questions? 1). Are you satisfied with the overall workmanship that was completed? lfe"V s-,,._f-,'s P.e& 2). Have there been any issues with the finished product? 1,/0 ,rrve.r 3). Were the contractors employee's professional and courteous while performing the work? very r;)(!ld ,,u,'f-/, PR I p-c~.tr,'<Jno.L af. Ml ,',M<"J, 4). Were there any employee safety issues during the project? N""'E 5). Were there any change orders associated with this project? ;.fO 6). Would you hire this firm again for future projects of this nature? p~',,.,,./d-'{ Name: ;rl,·1(1: (),d,rt't"/ c, ~f 1f ~,.f Orat,g t' Date: ,-.11-.2a11 City interviewer:~~ Position: Time: f.'Z0"1 Reference Checklist Structural Improvements and General Rehab of LS# 2 Danos I J/.,Lo'-J.l~r Used your Firm as a professional reference for Lift station Improvement projects. Could you take a minute to answer the following questions? 1). Are you satisfied with the overall workmanship that was completed? Cve.-o.11 sc..l-;.cf1~cJ 2). Have there been any issues with the finished product? ;110 3}. Were the contractors employee's professional and courteous while performing the work?. V<'"y' pf't:>fem,,va l t1f-"'If +,,.,F, 1 VO";/ Kr1e=f,,.d<;c. bl(' 4). Were there any employee safety issues during the project? /VO 5). Were there any change orders associated with this project? ,N',f) ch'1?e .-,t<l.-r.r 6}. Would you hire this firm again for future projects of this nature? ye.r Name: Position: p""jd" )lfon,~f'Y' Date: /-?I· II Time: 1:ttp,., City interviewer: /#~ City of Cape Canaveral City Council Agenda Form City Council Me6ng Date: 03/15/2011 Item No. Subject: Award Bid to JAR Construction, Inc. for Construction of Stormwater and Structural Improvements to the Southern Portion of the Central Ditch in the Amount of $95,115.30; Authorize City Manager Execute Contract Department: Public Works Summary: Public Works Staff publicly bid this stormwater improvements project and received six sealed bids. The Project includes replacement of a large headwall, construction of a concrete stormwater flume, dredging of the channel bottom, and numerous aesthetic improvements (new sidewalk, fencing, sodding of banks, etc.). The low bidder for the project was JAR Construction, Inc. (JAR) from Winter Garden, Florida. Staff has reviewed all bid submittals -a summary of the bids and the numerical ranking results are shown in Attachment #1. Staff also checked references supplied by JAR and visited the JAR offices to meet with the proposed office and field crews. The references supplied by JAR were exemplary (including from the Florida Department of Transportation) -selected reference checks and the JAR bid submittal are included in Attachment #2. JAR is apparently well qualified to perform this work. (Note: This award is contingent upon JAR receiving a performance bond for the project.) Submitting Department Head: Walter Bandish l)l6 Date: 02/18/11 Attachment(s): #1 -Summary of Bids/Numerical Rankings #2 -JAR Bid Submittal and Reference Checks Financial impact: 1 his is a budgeted project -funds are from Account Number 403- 018-538-631001. Staff had originally budgeted $111,200 for construction tasks on this project. w Date, :,/s \u Reviewed by City Treasurer: Andrea Bowers The City Manager recommends that City Council take the following action(s): Award Bid to JAR Construction, Inc. for Construction of Stormwater and Structural Improvements to the Southern Portion of the Central Ditch in the Amount of $95,115.30; Authorize City Manager Execute Contract. Approved by City Manager: David L. Greene c)'1..>--> Date: 3 / 8 ) t, City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Summary of Bids/Numerical Rankings ABC Land Clearing & Development, Inc. Atlantic Development of Cocoa, Inc. BCI Mechanical, Inc. Gregori Construction & Engineering, Inc. JAR Construction, Inc. Mora Engineering Contractors, Inc. South Central Ditch Improvements Project $95,499.60 13.3 14.7 5.0 5.0 64.5 $109,918.94 15.0 15.0 5.0 5.0 50.1 $97,520.48 13.3 14.0 5.0 5.0 62.5 $123,793.00 15.0 15.0 5.0 5.0 36.2 $95,115.30 15.0 15.0 5.0 s.o 64.9 $149,919.42 15.0 14.0 5.0 5.0 10.1 • -Minus one point per thousand$$ over budget and plus one point per thousand$$ under budget-assumes a bid of $100,000. 102.5 90.1 99.8 76.2 104.9 49.1 Attachment #2 JAR Bid Submittal and Reference Checks 1 I .J ARcons:ruction, Inc. December 30, 2010 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 To Whom it May Concern: As a small, local contractor, we have performed a number of public works projects; most notably for the Greater"Orlando Aviation Authority (GOM), Orlando-Orange County Expressway Authority (OOCEA) and FOOT. Our most recenUy completed project was for District 5 FOOT Maintenance in Brevard County. Our areas of expertise include grading, storm drainage and underground utilities. We've completed several retention pond cleanup projects at the direction of Orange County as well as clearing and grubbing and force main replacement for the City of Tavares. (Please see the attached for a more comprehensive listing.) Our field superintendents have over 75 years of experience with one of the most notable heavy and highway contractors in Central Florida prior to starting JAR Construction. We would welcome the opportunity to work with the City of Cape Canaveral on this project Sincerely, ~A~ ~~;nner CEO PO Box 941065 I Maitland, FL 32794 I ,, JAR CONSTRUCTION, INC. P. 0. Box 941065 Maitland, FL 32794 JAR Construction, Inc. was founded on February 15, 2010 by Jan Tanner, Jimmie Waldon, Scott Baldwin and Philip Gordon, four seasoned construction veterans who collectively have more than 100 years experience in highway/heavy, site work and underground utilities in the central Florida area. The founders at one time all worked together for what was arguably one of the largest, most well- respected and profitable civil contractors in the state of Florida. Assignments during their tenure ran the gamut: Jan Tanner has 25 years experience in construction administration where she was responsible for many facets of HR/EEO, safety and planning. Jimmie Waldon, with more than 35 years experience, oversees all field operations. Scott Baldwin whose 15 years of experience is more on the structural side while building box culverts, bridges, tunnels and water treatment plants. Philip Gordon brings more than 35 years of experience to the team through project analysis, both during bidding through all phases of construction, as well as the ability to manage complex relationships on difficult projects bringing them to a successful completion. Following is a list of clients and associated projects we constructed prior to forming JAR Construction: FOOT Widen SR436, Kirkman Road, Silver Star, 1-4 Design-Build (Big Ox), 1-4/Turnpike Interchange, Maitland Avenue Extension (over SR 434 & Lake Bosse). GOAA Construction of Cargo Road, Loop Road, Heintzelman Blvd, Mid Crossfield Taxiway and numerous parking lots. City of Orlando Rosalind Avenue Realignment, LYMMO and Conserv Orange County JYP Design-Build {33st Street to Sand Lake) and Universal Boulevard WDI World Drive Extension and CD Roads, Osceola Parkway over 1-4, Sitework for All Star Resorts, Coronado Springs, Sports Complex, BVD Interchange, BVD Widening Design- Build and swan Hotel Universal Republic Drive over 1-4 OOCEA Four Sections of SR429 and Widening of SR408 (Tampa to Hiawassee) Current projects include sitework and underground utilities for a Publix Supermarket; pond excavation at Orange County's Southern Regional Water Treatment Facility; clearing/grubbing and forcemain replacement for the City of Tavares; sitework for the new Deltona fire station as well as the storm system improvements for FOOT District 5. ·1 1 AJ ARconstruction, Inc. CITY OF CAPE CANAVERAL SOUTH DITCH IMPROVEMENTS PROJECT SSA JOB NO. 097-0039 MAJOR SUBCONTRACTORS: Central Hauling 1215 Crown Park Circle Winter Garden, FL 34787 Herb Maharaj-407/466-8714 PO Box 941065 I Maitland, FL 32794 I / / 1 CITY OF CAPE CANAVERAL SOUTH DITCH IMPROVEMENTS PROJECT SSA JOB NO. 097-0039 SIMILAR COMPLETED PROJECTS: Description Pineda Causeway Design Build Total$ $42,618 Owner FDOT Brevard County Contractor/Engineers Info Emerald Utilities & Site Development 1601 Park Center Drive, Suite 68 Orlando, FL 32835 Greg Figler, 321/388-5926 Storm drainage, concrete stemwall and rubble rip-rap and embankment. Etowah Forcemaln Replacement $41,000 City ofTavares 2770 Woodlea Road Tavares, FL 32778 Brad Hayes, 352/742-6485 Clearing and grubbing, and force main replacement. Southern Regional Water $280,000 Reclamation Facility Orange County, FL Emerald Utilities & Site Development 1601 Park Center Drive, Suite 68 Orlando, FL 32835 Greg Figler, 321/388-5926 Earthwork, excavation and moving of 100,000 CY as well as installation of 16" to 48" ductile iron reuse pipe. Apollo Inn $34,000 Storm System Repair Storm system improvements. PO Box 941065 I Maitland, FL 32794 FDOT -District 5 FDOT Brevard Operations 555 Camp Road Cocoa, FL Raphael St. Juste, (321) 634-6565 - I .. ' ACDRD. CERTIFICATE OF LIABILITY INSURANCE I DATE(J-lt,LIQDIYYYY) I 9/8/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION David/Greg Insurance Consultants ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 521 E State Road 434 ALTER THE COVERAGI: AFFORDED BY TI-IE POLICIES BELOW. : Longwood, FL 32750 ' 407-682-6800 INSURERS AFFORDING COVERAGE NAIC# : INSURED JAR Construction Inc INSORERA: TravelQrS .. j PO Box 941065 INSURER B: ! Maitland, FL 32794 !NSURERC: I -·----·-----~-1 INSURER ti: ··-···-· -+--·---j ' INSURER E: COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI.ICY PERIOD lND1CA1EO. NOTWITHSTANDING I ANY REQUIREMENT, TERM OR CONOmON OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH n-ns CERTIFICATE MAY BE ISSUED OR I MAY PERTAIN, THE INSURANCE AFFORDED BY1liE POLICIES DESCRIBED HEREfN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITJONS OF SUCH ' POLICIES.AGGREGATE LIMITS SHOWN MAYHAVEBEEN REDUCED BY PAID ClAIMS. ··« ··-··-----I I ~¥~~5c;.m'E r-8}~'fu~~~N .-----·--· ·--~~~---·· . -· .... -· -· l l~TR ;sfm ~"F INSU""M'"'c POLICY NUMBER ' 9.l§NERAl LIABllllV EACH OCCURRENCE s l.,.2.!Hl.,Ql!.Q u t COMMERCIAL GENERAL LIABILITY ~~gi111ea-ocwiince, I 50.00Q ·-. ::.J CLAIMSMAOE Li] OCCUR MEDEXP{Anycnape;son) • "'J!QQ A -· 8Bl71?352 4/9/10 4/.9/ll PERSONAL& ADV INJURY I l 000,00QJ - .~ERAL AGGREGATE ' 2 ooo ooo_; ·--· l!~N'l AGG1~i LIMIT nS PER PRODUCTS• COMPIOPAGG ' 2 ._Q_Qg_,000.J ] POLICY X ~ LOC I ! AtfrOMOBILELIABILITY ! I coMs1NeoorNGLeuM1r 1,000,000 I (Eaacdderil) . ' ~ANY-0 AI.LOWNEDAUTOS 80011.YJNJURV I· .• SCHEDULEDAUTOS {Pe("pe,so11) ' . --------, A HIRED AUTOS BA-9063P26A 4/8/10 4/8/11 BOOILYltt!URY ! .. , (PcracodClll) I NON.OV-INEDAlJTOS ---\ ·-... -PlWPERlY DAMAGE s {P«at"Cilfent) GARAGE L1ABJU1Y ~UTO ONLY• EA ACCIDENT ' I lANYAUTO OTHERTIWI _EAACC • .. l AUTOONLV: AGG S EXCESSiUMBRELlA Ll/\eltfJY I EACH OCCURRENCE • lLOOO ,00.Q.\ ii OCCUR f. ] ctAIUSW..DE ~GGREGATE I; .2,ooo,oo.Q1 CUP-B817P352 6/4/10 4/9/11 ·--.. I . -, A . : i DEDUCTIBLE ·-·-·---·' X RET8'.'TION s 10 .000 ·• 'vVORt<ERS COMPENS/\.TlONI\ND -vJMITS l Ive/[ ---. I EMPLOYERS' LIABlllrY ~I..EACHAC"CIDENT $ MV PftOP~l:TOFWAiUN'"i:RIEX£CUTM! ··l O,fiC!RIMEMB:R EXCt.lJCfD? !=,I.. DJSE'ASE • EA EMPLOYE $ J ~~~:{~fitt~~i'6NSbelow EJ.. OISF-ASE• POLICY LIMIT $ i OTliER l;l600 ,000 max ite>:n I IA Rented/Leased 660-366BR060 6/10/10 6/10/11 $1,000,000 cat limit I Equipment $5,000 Deductib1e ! DESCRIPTlotJ OF OPl::RATIONS/lOCATIONS1VE:HJCU:S/ EXCLUSlONSAODiD BY ENDORSEMENT /SPECIAL PROVISIONS I CERTIFICATE HOLDER JllR construction Inc PO Box 941065 Maitland, FL 32794 ACORD25(2001/08) ; : I I ' : CANCELLATION SHOULD ANY OF THE ABOVE Ol:SCRtSEO POUCl!;S BE CANCELLED BEFORE THE EXPIRATION , DA'TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS \-vRfrTEN l NOTICE TO nu;-ClmTlrlChYS HOLDER NAMED "TO THE LEFT. BUT FAILURE TO DO so SttAU. i ! IMPOSE NO 0BL1GA.Tt0N OR L\.\91UTY OF MY KlND UPON THE INSURER, ITS AGENTS OR ! • REPRESENTATIVES. . AUTHORIZED'REPRESEtITATIVE /\... • ! t\l.. Qt I e"\Q((l, \.Ji)( ,c, ! ©ACORD CORPORATION1988 ---------------------------------· -------- Earl K. Wood, Tax Collector Local Business Tax Receipt Orange County, Florie This local business tax rec:eipt Js in addition to and not in lieu of any other tax required 6~ law or municipal ordinance. Businesses are subject to regulation of zoning, hearth and o· lawful authorities. This receipt is valid from October 1 through September 30 of receipt year. Delinquent penalty js added October 1. -ORIGINAL-2010 EXPIRES 9/30/2011 5000-1080215 5000 BLDG BUSINESS OFFICE $30.00 4 EMPLOYEES: ~--- TOTAL TAX PREVIOUSLY PAID TOTAL DUE 1041 CROWN PARK CIR C-WINTER GARDEN, 34787 $30.00 $30.00 $0.00 PAID: $30.00 21--022669 7/27/2010 JAR CONSTRUCTION INC TANNER JANICE 1041 CROWN PARK CIR WINTER GARDEN FL 34787 This receipt is officfal when valfdated by the Tax Collector. City of Cape Canaveral South Ditch Improvements Project Brevard County, Florida SECTION 00300 BID For SSA Job No. 07-0039 CONSTRUCTION OF STORMWATER AND STRUCTURAL IMPROVEMENTS TO THE SOUTHERN PORTION OF THE CENTRAL DITCH cape Canaveral, Florida Submitted in Triplicate: i 2 / :?o , 2010 City Clerk, City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Gentlemen: The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Bid of the Contract to which the work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making a bid and that the Bid is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares that he has examined the site of the work and has fully satisfied himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore. This determination was made based on his personal knowledge and experience and/or having made sufficient test holes and other subsurface investigations. The bidder states that he has examined the Drawings and Specifications for the work and based on his own experience or professional advice, he has determined that the Drawings and Specifications are sufficient for the work to be done and that he has examined the other Contract Documents and all addenda relating thereto, including the Advertisement for Bids, Instructions to Bidders, Bid, Bid Bond, Noncollusion Affidavit of Prime Bidder, Public Entity Crimes, Contract, Performance, Payment and Maintenance Bonds, Certificate of Insurance, General Conditions, Special Conditions, Technical Specifications, Appendices, and Drawings and has read all addenda prior to the receipt of bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the work to which this Bid pertains. The Bidder proposes and agrees, if this Bid Is accepted, to contract with the City of Cape Canaveral in the form of contract specified, to furnish all necessary materials, equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the Bid and the Contract, and called for by the Drawings and Specifications and in the manner specified. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the work as stated in the Contract Form. The Bidder further agrees that the deductions for liquidated damages, as stated in the Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the Owner for additional costs to the Owner resulting from the work not being completed within the time limit stated in the Contract Form. BID 00300-1 Provided for CFBE Members Bidding Purposes Only-Any Other Use Is Strictly Prohibited City of Cape Canaveral South Ditch Improvements Project Brevard County, Florida SSA Job No. 07-0039 The Bidderfurther agrees to execute a Contract and furnish satisfactory Performance and Payment Bonds, each in the amount of one-hundred percent (100%) of the Contract price, within ten consecutive calendar days after written notice being given by the Owner of the award of the Contract, and the undersigned agrees that in case of failure on his part to execute the said Contract and Performance and Payment Bonds within the ten consecutive calendar days after the award of the Contract, the cashier's check or Bid Bond accompanying his bid and the money payable thereon shall be paid to the Owner as liquidation of damages sustained by the Owner; otherwise, the Bid Security accompanying the Bid shall be returned to the undersigned after the Contract is signed and the Performance and Payment Bonds are filed. The undersigned agrees to accept in full compensation therefore the total of the contract price for the lump sum prices named in the following schedule. Absent a Change Order, there shall be no increase in the lump sum payment. It is understood that the unit prices quoted or established for a particular item are to be used for computing the amountto be paid to the Contractor in the event of a Change Order, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the technical specifications. Name of Bidder JU (I..DJ$;fr2,uc-r,o/J, "?-NC--, Bidders Occupational License No. CU.C.-1 Z.Z'-f ?'81 Signature of Authorized Office~/~ <}A~ Title UD Business Address -P D · b,{}f-'141 D/Q 5 City HA1Tt.-A-1VD State .f"t..-Zip3;;>1'ft/ Name and Address of Surety or Sureties who will sign Bonds: Performance Bond tl§'/0 0 1\-S V..rle:'f e:,o·NDS Payment Bond ft~rtt 0/\--61.l~'lt 'Bb~S Maintenance Bond Vl,,b'(l.{ V Pr 6\.l'l,ic.--Clj 1"2:,t,.\J D~ BID 00300-2 Provided for CFBE Members Bidding Purposes Only-Any Other Use is Strictly Prohibited City of Cape Canaveral South Ditch Improvements Project Brevard County, Florida BID SCHEDULE Item Sub- # Sec Sec Description General Construction 0Derations 101 1 MOBILIZATION 102 1 MAINTENANCE OF TRAFFIC 104 7 SEDIMENT BASIN 104 10 SYNTHETIC BALES 104 13 STAKED SILT FENCE Division Total Clearinn Construction Site & Removal of Venetatlon 110 1 CLEARING AND GRUBBING 110 1 TREE.REMOVAL REMOVAL OF EXISTING STRUCTURE 110 3 /HEADWALL\ 110 4 REMOVAL OF EXISTING CONCRETE PAVEMENT Division Total Earthwork & Related Qnerations 120 5 EXCAVATION AND EMBANKMENT /DITCH\ 120 72 GRAVEL FILL (#57 STONE\ 125 1 EXCAVATION FOR STRUCTURES (HEADWALL\ 180 70 STABILIZED SUBBASE, 12" fHEADWALLJ 180 70 STABILIZED SUBBASE, 12" ISIDEWALKI Division Total Base Courses 285 I 11 I LIMERocK BASE. LBR 100. 8" (SIDEWALK! Division Total Structures 400 91 DEWATERING FOR SPREAD FOOTING 400 CONCRETE 400 1 STRUCTURES ICLOSED FLUME\ 415 REINFORCING STEEL STRUCTURE FOUNDATION (2'x5' WALL 454 FOOTING1 STRUCTURE FOUNDATION (5" SPREAD 455 FOOTING\ Division Total BID Provided for CFBE Members Bidding Purposes Only-Any Other Use is Strictly Prohibited SSA Job No. 07-0039 Unit QTY Unit Price Amount 1 LS I.Sooo .. ~ JS ooo,et 1 LS 3 oco ~Oot> • Oi> 1 LS .l oso.:;. J oso. 01> 100 LF G.oo ,oo,oo 200 LF 1.00 .!100,00 $ '().I, gso.oo ' 1 LS j_,,..,,, ::i ••oo. oo 1 LS ,oo.Oil ,oc,. ot> 1 LS 7000,,.., ?000.01> 50 SY 1, {)0 i:l#,11() $ /0, 1./M, .:,o 100 CY 1./S.oo WSoo,co 40 CY So, oo ') C,OC. ~O 296 CY '"· ;,~o '. 'o, n, IJI) 111 SY .!t~ oo I ' h ?S'. 00 50 SY °'1D. Cl> ISM,~" I $ i3. 735',oo 50 I SY I?. DO ,so. DO I $ %5 0,f){) 1 EA j(). ()r)O.-lo. oe:o. ,.,,, 25 CY 100.w .5' {J() ' co 1 EA ,~o.X ,.bllO. ac 10000 LB ()_ .5,0 S ,u•l).c..'tl) 30 CY ;},7D,i//J 'J./CJ(JJHJ . 11 CY )?S. oo :3,0,.'.IE',oll 00300-3 City of Cape Canaveral South Ditch Improvements Project Brevard County, Florida SSA Job No. 07 -0039 Incidental Construction 520 2 CONCRETE CURB, TYPE F 522 2 CONCRETE SIDEWALK -6" THICK 522 2 CONCRETE SIDEWALK· RAISED 527 1 DETECTABLE WARNING ON WALKING SURFACE 536 1 6 GUARDRAIL -BRIDGE 575 1 SODDING .. D1v1slon Total SUB•TOTAL CONTINGENCY @ 5% TOTAL 45 48 4 1 78 111 LF SY SY EA LF SY ff..Do ?:J.l).ao ·~ ~.oo i."t?O "I) Ji.-,vo f/bO,~D rroo.io ~ C:f?O, CD ? 2,00 . .; , "'I. t, I) "oo ~ ... ,., /JO $ '" 4,C.,00 .f '/O,S'9t,oo (In words) Ni 1/6,r. 4 3• ,.~s $ C/.S. JIS.3o ' Acknowledgment is hereby made of the following Addenda received since issuance of Plans and Specifications: Addendum No. __ Dated: ____ Addendum No. __ Dated: __ _ Addendum No. __ Dated: Addendum No. __ Dated:~-- NOTES: 1. Bid price includes equipment rental, structures needed, labor, fuel, time. 2. Bid price Includes removal and restoration of existing asphalt and base pavement, curb and gutter, and concrete sidewalk, as applicable. BID 00300-4 Provided for CFBE Members Bidding Purposes Only -Any other Use is Strictly Prohibited .• .. City of Cape Canaveral South Ditch Improvements Project Brevard County, Florida SECTION 00670 LETTER OF TRENCH SAFE1Y COMPLIANCE Bidder to fill in, and submit with bid prior to execution of the Agreement. SSA Job No. 07-0039 DATE: l~/"81>/JD TO: City of Cape Canaveral. Owner RE: City of Cape Canaveral South Ditch Improvements Project (Contract Tille) GENTLEMEN: This fetter is written to give assurances that, as Contractor for the above-noted construction, we will comply with the applicable trench safety standards during the work of this Contract. We have considered the costs per linear foot for Trench Safety Measures and the cost per square foot for special shoring requirements, and have incorporated these costs into related item on the bid forms. The provision shall in no way affect the Conditions of Contract relating to changes in the work or adjustments for differences between estimated Quantities on the Bid Form and measured-in-place completed Work. In case we subcontract any portion of the Work which is subject to the "Trench Safety Act", we will be responsible for obtaining assurance of compliance with applicable trench safety standards from the subcontractor. Very truly yours, ~ A-fl CDAi;r/!..UCT,oN, 5-Nu. Contractor ~D-0,?i q4101i,S, mo..d--!ov-d ,fl.3~?qlf ~uo END OF SECTION LETTER OF TRENCH SAFETY COMPLIANCE 00670 -1 Provided for CFBE Members Bidding Purposes Only-Any Other Use is Strictly Prohibited REFERENCE CHECKLIST SOUTH DITCH STORMW ATER IMPROVEMENTS PROJECT JANUARY 2011 T ~ {].:.br<>-..,._n~ used your firm as a professional reference for stormwater improvements projects. Could you please take a minute to answer the following questions? 1 ). Are you satisfied with the overall workmanship that was completed for your facility? /" r-\) C""\ wo"'-"'-'""<.. Q ,.:,, ~ {ooo.) 'i""'O'-"'-S -rv-7 ~/\.'-~,-..~ ·-~~ ~ .. .;:, 2). Have there been any quality issues with the finished product? ~ -~o<.., ~~.._ }-lt\.~'.l:> 3). Were the contractor employees professional and courteous while performing the work? y~'S,. 4). Were there any employee safety issues during the project? 5). Were there any change orders associated with the project? t,,.'i)ot."-<c,lt.., .... ~ ~ 6). Would you hire this firm again for re,ofrcplaccmcnt projects? f\.t:.~'<>I...V1U..7 " ~,._~ ~ A. ~e<!>-~ Name: (:..,_i::.i:. \='", '-1.. ,::~ Position: 't).Q. ~-.s-= Date: Time: City Interviewer: REFERENCE CHECKLIST SOUTH DITCH STORMW ATER IMPROVEMENTS PROJECT JANUARY 2011 ;:.s:f\l\. G~~~" ._.,~ used your firm as a professional reference for stormwater improvements projects. Could you please take a minute to answer the following questions? I). Are you satisfied with the overall workmanship that was completed for your facility? \)~y G:,.. ... :u 0~"!''-li 2). Have there been any quality issues with the finished product? 3). Were the contractor employees professional and courteous while perfonning the work? 4). Were there any employee safety issues during the project? 5). Were there any change orders associated with the project? ~ ""'1'<.:::tro-";:.::::. 6). Would you hire this firm again for i:Qgfre,plarerneot projects? ~~'ll'-"MA.)' \.Ji;:~ ~ ..... Cs:,...e,.,_ Name: (\ ~ Position: () \,l~'t\1.1-!U.. z=.;-, \b.~~ ~-.3'.,"j't Date: Time: City Interviewer: I City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/15/2011 Item No. 7 Subject: Reduction of an Outstanding Lien; Code Enforcement Case No. 2010-00037, 7521 Magnolia Avenue Department: Code Enforcement Summary: At the February 17, 2011 Code Enforcement Board meeting, the Board unanimously recommended that City Council reduce the lien on the property located at 7521 Magnolia Ave. The property owner, Michael V. Zucco, was found in violation on July 22, 2010 and given until September 23, 2010 to come into compliance. The owner failed to comply and a lien was filed against the property. The property was sold on November 17, 201 O through a foreclosure sale to Jeanette R. Bunting, the mortgage holder, who brought the property into compliance on January 10, 2011. Jeanette R. Bunting, property owner, appeared at the February 17, 2011 Code Enforcement Board Meeting requesting the lien be reduced to Staff costs because she was not the owner at the time of the violation. • Total lien amount is Ten Thousand Nine Hundred and Fifty Dollars ($10,950.00) . • Total cost for the enforcement of Case #2010-00037 is One Thousand Six Hundred Thirty-Two Dollars and Ninety Cents ($1,632.90). Submitting Department Head: Todd Mori~ Date: 02/28/11 Attachments: Code Enforcement Board Memo, City Code Sec. 2-260, Application for Satisfaction or Release of Code Enforcement Lien, Notice of Compliance, Current Lien Amount Calculation, Staff Costs Calculation, Code Enforcement Draft Minutes, Excerpts from a Power Point Presentation of the Case Submitted to the Code Enforcement Board. Financial Impact: Up to $10,950.00 in lien collection. 0 Reviewed bv City Treasurer: Andrea Bowers , Date: 3 hi/ II j -• The City Manager recommends that City Council take the following action(s): Approve the lien reduction to cover staff costs of $1,632.90. Aporoved bv City Manager: David L. Greene 0 "1rl-Date: '3 /J. ) I I City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain I City of Cape Canaveral Date: February 17, 2011 To: David Greene, City Manager Angela Asperson, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary / Re: Recommendation to the City Council (Satisfaction or Release of Lien) On February 17, 2011 the Code Enforcement Board reviewed the Case No. 10-00037. By a unanimous vote, the Board recommended that the City Council grant the Reduction of the outstanding lien in the amount of ten thousand nine hundred and fifty dollars ($10,950.00) to staff's cost for the enforcement of the violation in the amount of one thousand six hundred thirty-two dollars and ninety cents ($1,632.90). 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape O email: ccapecanaveral@cfl.rr.com DIVISION 2. -CODE ENFORCEMENTBOARD Page 1 of2 Sec. 2-260. -Application for satisfaction or release of code enforcement liens. Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property of the violator, such violator may apply for a satisfaction or release of such lien in accordance with this section. (a) (b) (c) (d) (e) (f) (g) Upon full payment by the violator of the fine or penalty in accordance with this chapter, the city manager shall execute and record a satisfaction of lien. The application for satisfaction or release of lien shall be in written form, typed or handwritten, by the violator, and shall be submitted to the building official or the designee of the building official. the application shall include, but may not be limited to the following: (1) The code enforcement case number: (2) The date upon which the violator brought the subject property into compliance with the City Code: (3) The factual basis upon which the violator believes the application for satisfaction or release of lien should be granted; (4) The terms upon which the satisfaction or release should be granted; (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; (6) The reduction in penalty or fine sought by the violator: and (7) Any other infonmation which the violator deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine. (8) This application shall be executed under oath and sworn to in the presence of a notary public. The violator shall submit at the time of application payment to the city in the amount necessary to reimburse the city for its costs associated with recording the order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are nonrefundable, without regard for the final disposition of the application for satisfaction or release of lien. Upon receipt of the application for satisfaction or release of lien and payment provided above, the Building Official or designee of the building official shall confinm through the code enforcement department that the violation which resulted in the order imposing penalty or fine has been satisfied. If the violation has been satisfied and there is no current code violation upon the property in question, the building official or designee of the building official shall place the application upon the agenda of the next meeting of the Code Enforcement Board for the City of Cape Canaveral. At the hearing before the code enforcement board, the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board regarding the application for satisfaction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of the application and any testimony presented, the code enforcement board shall by motion direct a recommendation to the city council for approval, approval with conditions, or denial of the application for satisfaction or release of lien. The code enforcement board, in detenmining its recommendation, shall consider the following factors: (1) The gravity of the violation: (2) The time in which it took the violator to come into compliance: (3) The accrued amount of the code enforcement fine or lien: (4) Any previous or subsequent code violations: (5) Any financial hardship; and (6) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine. After a recommendation has been rendered by the code enforcement board, the building official or designee of the building official shall place the application for satisfaction or release oflien upon the agenda of the next regularly scheduled city council meeting. The city council may take action solely based upon the sworn application and recommendation of the code enforcement board: or it may, in its discretion, provide the violator with an opportunity to address the council in regard to the application for satisfaction or release of lien. The city council may approve, approve with conditions, or deny the application to satisfy or ·release of lien. If the city council approves the application to satisfy or release the lien and the approval is conditioned upon the violator paying a reduced penalty, fine, or any other http://library.municode.com/HTML/12642/level4/SPAGEOR _ CH2AD _ ARTVICOEN _DL. 2/28/2011 DIVISION 2. -CODE ENFORCEMENTBOARD condition, the satisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the council have been satisfied. Page 2 of2 The violator shall have 30 days in which to comply with the conditions imposed by the city council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien. If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions imposed by the city council, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (Ord. No. 05-2003, § 2, 2-18-03) http://library.municode.com/HTML/12642/level4/SPAGEOR _ CH2AD _ ARTVICOEN _ DI... 2/28/2011 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE#: [1()/(} -tJtJt} 31 APPLICANT: J e.anet/e. 7<. BurJ1!'n9- IJ ADDRESS: I I I-/ g t..t 11sei-Dr. APPLICATION FEE:$ /tJ tJ. - DATE: Jan. 1~/ cJ.O I/ CITY: Cou?a. Beqc.-h STAIB: F/. ZIP: 3o? 9.3"/ _ .NATUREOFVIOLA~ION(S): l'ef!n 2 UCCO =-JliSI J; a+ 1nfe..r.seL.'f,&;l1, ;,va:fe.;-,tt,f:.ed, ':nl I I frtlf· m4'111krn11(!_e., =rie1 Vaeanf ~u~.s 1--t-.and, e.+c. ADDRESSOFSUBJECTPROPERTY: 7,6'!J,/ mC(:fjf'Jo/;a:-llt/e · (" ti b/6ZJ. -/ ifday DATEFINE/LlENilvlPOSED:~f: &J, !J..t} /0 Alv!OUNT: /,:,o, -o~r IDAYOR TOTAL COMPLIANCEDA1E: Jan. /(), dO// t P/-611.oerf.; J1/tt.s . so/I en Ja.h.t?~ ;;{t::J//, I I RELIEF REQUESTED: SATISFACTIO ircle one) IF REDUCTION, THE APPLICANT full a11,t · - PROPOSES $ I e ' 5 c f.f f.s' AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON _WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) be. Ctl:,I,{ ,$ e-:i= wa..,;. n O + The... 7 ep l fJJl<)ne-t---<rt:&>H>fedy un-lil &rec...lt?..sure -!;fa,/e__ Oh /VcJ(I, JZ ~.0/0, TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) -----L'--+'-.,____ ________________ _ THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BFJNG THE SUEJECTPRCPERTY Il,TO COMPLIANCE PRIOR TO THE .ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add ANY ADDITIONAL FACTS _OR INFORMATO; THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE additional pages) T Wtts fbe. JYt:c~'?'e.. ~o/cle-r-~/7 /2~/Ze!-l'--'ty. L \ h&-J .j.,k_.d, ~~c./t?sa-re-1~ceed1?5 rinsf:&t,:117e-r hlre..hCte..! ll 2wcct>. REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Date: /'-I~-// ·• ;....,,, STATEOF ~\<';X\:h,, COUNTY OF \pr~ BEFO,R-EME the undersigned authority did personally appear ~"' (\e.+l e... 't, ~ "'~ . , who provided ,;;=. \ \J>'\.--.r-.v, \.....~ as identification, and who after being place under oath, s · re or affinned the information contained within this application is true and correct. ,,•""(ti('•,,, CHRISTINA DOERRFELD P!A"" ~,.\ MY COMMISSION ,OD 932461 .~!~ }~f EXPIRES: November21, 20~3 ·\ 1 1 "'>:i.f·····i'" Bonded Thru Notary.PubricUl'IC!eswr1ters .-.,,':" . ..,, ,,,9f,,f:'.• . FOR STAFF USE ONLY APPLICATION FEE:$ /DD.DC> RECEIVED BY CITY ON l / :ZO f I( --'---'---------- COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON---------- CODE ENFORCEMENT REVIEW ON ________________________ _ CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL: ___ APPROVE; ___ DENY; ___ APPROVE wrnr FOLLOWING CONDITIONS: _______________________________ _ DATE OF COUNCIL ACTION:-------------------------- CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE __________________________ _ 0i/2~/2011 11:58 00011~48 Total Cash Amount Chanqe CK #!898 Amount . 100.00 i0.0~ 0.00 $100.00 City of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL NOTICE OF COMPLIANCE January 12, 2011 Jeanette R. Bunting, Trustee 114 Sunset Drive Cocoa Beach, FL 32931 RE: CASE# -2010-00037 LOCATION OF VIOLATION: 7521 Magnolia Avenue, Cape Canaveral, FL PROPERTY PARCEL#: 24-37-23-CG-00043.0-0015.01 Dear Jeanette R. Bunting, Trustee: The above property was found in compliance on January 10, 2011, by meeting the requirements of the Order Imposing Penalty on First Violation. Description ofViolation(s) at property: Section 82-31 Florida Building Code FLBC-Plumbing, Section 602, Water Required FLBC-Plumbing, Section 602.1, General International Property Maintenance Code Adopted, Section 82-331: IPMC-Section 301.3, Vacant Structures and Land IPMC-Section 303.1, General City of Cape Canaveral Code of Ordinances, Section 34-96 (b) ( d), Standards Established; and Section 110-469, Visibility at Intersections. Even though the violations have been corrected and the lien has stopped as of the above mentioned dated, the lien remains against the property until such time as you pay the lien in full, or apply for a satisfaction/reduction of the lien. I have attached the application form for your convenience. There is a one hundred ($100.00) dollar fee due at the time the application is submitted. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact our office at (321) 868-1222. Si)lqerely, !l.,.tiJi~a£2_ '~exander Code Enforcement Officer 7510 N Atlantic Avenue-P.O. Box 326-Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222-Fax (321) 868-1247 www.mvflorida.com/cape e-mail: cityofcapecanaveral.org CURRENT LIEN AMOUNT FOR 7521 MAGNOLIA AVENUE CASE NUMBER 2010-0003 7 MONTH NUMBER OF DAYS COST TOTAL 9/23/10 1°' DAY $150.00 $150.00 EVERYDAY $100.00 THEREAFTER 9/10 7DAYS $100.00 $850.00 10/10 30DAYS $3,000.00 $3,850.00 11/10 30DAYS $3,000.00 $6,850.00 12/10 31 DAYS $3,100.00 $9,950.00 1/11 lODAYS $1,00.00 $10,950.00 TOTAL $10,950.00 DATE 4/9/10 4/21/10 4/21/10 4/28/10 5/5/10 5/5/10 5/11/10 6/7/10 6/8/10 6/9/10 6/10/10 6/16/10 7/1/10 7/8/10 7/22/10 7/22/10 7/23/10 8/7/10 8/9/10 8/10/10 8/16/10 8/25/10 7521 MAGNOLIA AVENUE-CASE NO. 2010-00037 COST FOR ENFORCEMENT OF THE CASE ACTION TIME RECEIVED EMAIL AND PHOTOS FROM COCOA .15HR WATER DEPT. ILLEGAL CONNECTION-CEO TELEPHONE CONVERSATION WITH .SOHR SUPERVISOR-COCOA WATERDEPT.-CEO TELEPHONE CONVERSATION WITH ATTY, .SOHR VICTOR WATSON PROPERTY IN FORCLOSUER- CEO CONTACTED FPL-NO POWER-RESEARCH I.SOHR PROPERTY INFORMATION FOR CASE-CEO SITE VISIT TO PROPERTY WITH FIRE I.SOHR INSPECTOR JEFF ROBERTS -CEO each PREPARE NOTICE OF VIOLATION-TRAVEL l.OOHR TIME MAILINGS -CEO EMAIL TO VICTOR WATSON REGARDING .15HR INSPECTION -CEO TELEPHONE FPL & COCOA WATER DEPT. I.SOHR MICHAEL ZUCCO-CEO POST PROPERTY & CITY HALL -PREP ARE 2.00HR AFFIV ADT OF POSTING-CEO EMAIL ATTY REGARDING POSTING AND .15HR TENANT LIVING IN UNITS -CEO RECEIVED NEW COMPLAINT -SPOKE WITH l.OOHR COMPLAINT ANT REGARDING CASE--CEO TELEPHONE DCF REGARDING CHILDREN .30HR IN UNIT W/0 WATER& POWER-CEO PREP ARE ORDER TO APPEAR-TRAVEL TIME l.OOHR MAILINGS -CEO SITE INSPECTION WITH TODD MORLEY, B.O. 2.00HR MICHAEL ZUCCO & CEO each CASEHEARDBEFORECODEENFORCEMENT l.OOHR BOARD -BD SEC. & CEO Each CASE HEARING CITY ATTORNEY l.OOHR PREPARE BOARD ORDER-BD SEC. -CEO .15HR each . TODD MORLEY, B.O. CALLED OUT BY FIRE 2.00HR DEPT. PARITAL ROOF COLLAPSE-POSTED UNSAFE BY B.O. REVISED NOTICE OF VIOLATION SENT TO ALL 2.00HR PARTIES INCLUDES SITE VISIT PHOTOS -CEO FAXED COPIES OF POSTING TO BUNTINGS-l.OOHR MET WITH HANDYMAN FOR ZUCCO TODD MORLEY TELEPHONE CONVERSATION .SOHR W/ZUCCO REGARDING CONDITION OF BDLG MIKE RICHART MET ZUCCO AT PROPERTY TO l.OOHR INSPECT ROOF FOR REMOVAL OF UNSAFE POSTING-INSPECTOR AMOUNT $7.50 $15.00 $15.00 $45.00 $90.00 $30.00 $7.50 $45.00 $60.00 $15.00 $30.00 $15.00 $30.00 $160.00 $55.00 $125.00 $27.50 $160.00 $60.00 $30.00 $40.00 $35.00 DATE ACTION TIME AMOUNT 9/9/10 SECOND ORDER TO APPEAR NOTICE-TRAVEL LOOI-IR $30.00 TIME MAILINGS -CEO 9/20/10 COMPLIANCE INSPECTION -TELEPHONE 2.00HR $60.00 COCOA WATERDEPT.ANDATTY. WATSON (9/22/10) 9/22/10 CASE HEARD BEFORE CODE ENFORCEMENT LOOI-IR $55.00 BOARD -BD SEC. & CEO Each 9/22/10 CASE HEARING CITY ATTORNEY LOOI-IR $125.00 9/30/10 PREP ARE SECOND BOARD ORDER BD SEC. & .15HR $27.50 CEO each 10/11/10 PREP ARE DOCUMENTS FOR FILING LIEN .15HR $12.50 BDSEC. 11/19/10 EMAIL NOTICE OF VIOLATION AND BOARD .15HR $12.50 ORDER TO PROSPECTIVE PROPERTY OWNER- CEO 12/10/10 TELEPHONE ATTY WATSON FOR UPDATES .15HR $12.50 ON OWNERSHIP -CEO 12/14/10 TELEPHONE CONVERSATION WITH ATTY .15HR $12.50 WATSON REGARDING SALE OF PROPERTY- CEO 12/15/10 TELEPHONE CONVERSATION WITH LINDA .15HR $12.50 BUNTING REGARDING PROPERTY -CEO 12/21/10 TELEPHONE CONVERSATION WITH LINDA .15HR $12.50 BUNTING REGARDING NEW OWNERSHIP-CEO 1/7/11 SITE VISIT REGARDING COMPLIANCE WITH LOOI-IR $30.00 NEW PROPERT OWNER -CEO 1/10/11 COMPLIANCE INSPECTION -CEO LOOI-IR $30.00 1/11/11 TELEPHONE CONVERSATION WITH TITLE CO. .30HR $15.00 INFORMATION FAXED-CEO 1/12/11 COMPLIANCE NOTICES SENT -CEO .30HR $15.00 TOTAL COST OF MAILINGS $72.90 TOTAL COST OF ENFORCEMENT $1,632.90 Code Enforcement Board Meeting Minutes February 17, 2011 Page3 Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-96(d), Standards Established; Section 34-122(a)(b), Public Nuisances Prohibited, of the City of Cape Canaveral Code of Ordinances and be given 10 days from the date the board order is received to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Motion by Mr. Viens, seconded by Mr. Hale, to accept staffs recommendation and find the respondent in violation be given 10 days from the date the Board Order is received to come into compliance or impose a fine in the amount of one hundred dollars ($100.00) for the first day and seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried unanimously. OLD BUSINESS: 1. Code Enforcement lexander, provided an overview of the Case history and presented e ' review. Officer Alexander testified that the violation was for , roperty and that the tenants had no water. Officer Alexander stated tli dent was found in violation on July 22, 2010 and had until September 23, 2' mply. The respondent failed to comply within the time provided and a lien was I on October 11, 2010. The property was sold and the new owner brought the property into compliance on January 10, 2011. Officer Alexander further stated that the current lien on the property from September 23, 2010 is $10,950.00 and the estimated staff costs for the enforcement of the violation is $1,632.90. Officer Alexander explained that the new property owner is requesting a reduction or release of the Code Enforcement lien against the property. And stated that they are working to improve the property and the outstanding lien would be a financial hardship in addition to the cost of the improvements done to the property. Linda Bunting testified on behalf of Jeanette Bunting. Ms. Linda Bunting stated that they were the mortgage holder of the property but they were not able to be on the property until after the foreclosure sale on November 17, 201 O; at which time they worked diligently to bring the property into compliance to stop the lien and subsequently request a reduction or satisfaction of the Code Enforcement Lien. Ms. Bunting explained that they have already spent over twenty-two thousand dollars ($22,000.00) on back property taxes, and water bills that Michael Zucco incurred plus property improvements and legal fees Code Enforcement Board Meeting Minutes February 17, 2011 Page4 would bring the total to over thirty thousand dollars ($30,000.00); the current lien of ten thousand nine hundred and fifty dollars ($10,950.00) would be a financial hardship to the new owner. Ms. Bunting requested that the lien be reduced to staff costs. Motion by Mr. Viens, seconded by Mr. Mars, to recommend that City Council reduce the lien to staff costs in the amount of one thousand six hundred thirty-two dollars and ninety cents ($1,632.90). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:05 P.M. Approved on this __ day of. _________ _ Joy Lombardi, Board Secretary HISTORY • This property was first presented to Code Enforcement Board on July 22, 2010, and based upon the evidence and testimony presented at the hearing the respondent found in violation and given until September 23, 2010, to comply. • The respondent failed to comply within the time provided and a lien was filed against the property on October 11, 2010. • The property was sold on or about November 17, 2010. • A compliance inspection was performed on January 10, 2011 and the property was found in compliance. HISTORY CONTINUED • On January 14, 2011, an application for a Satisfaction or Release of the Code Enforcement Lien was submitted. • The current Lien from September 23, 2010, to January 10, 2011, is $10,950.00. • The current estimated staff cost for the enforcement of the violations is $1,632.90. • Staff is asking for the Code Enforcement Board to make a recommendation to the City Council. . 9 10 11 1'·' f. ). 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UY,. ............. ·.···· ... ·/"··,· .......... , ...... . / .... 1 ... !Aerial !243410_2_/CASSANELLI, LENNY/7521 MAGNOLIA AVE!24:37-23-( TAKEN 1/3/2010 BREVARD COUNTY PROPERTY APPRAISER SEC. 2-260 APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS • Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/ or property of the violator, such violator may apply for a satisfaction or release of such lien in accordance with this section. ( e) At the hearing before the code enforcement board, the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board regarding the application for satisfaction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of the application and any testimony presented, the code enforcement board shall by motion direct a recommendation to the city council for approval, approval with conditions, or denial of the application for satisfaction or release of lien. • The code enforcement board, in determining its recommendation, shall consider the following factors: • (1) The gravity of the violation; • (2) The time in which it took the violator to come into compliance; • (3) The accrued amount of the code enforcement fine or lien; • (4) Any previous or subsequent code violations; • (5) Any financial hardship; and (6) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine. • (f) After a recommendation has been rendered by the code enforcement board, the building official or designee of the building official shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled city council meeting. The city council may take action solely based upon the sworn application and recommendation of the code enforcement board; or it may, in its discretion, provide the violator with an opportunity to address the council in regard to the application for satisfaction or release of lien. City of Cape Canaveral City Council Agenda Form City Council Meeting1ate: 3/15/2011 Item No. Subject: Request for City Council Approval of Tree Bank Contribution in Lieu of Removal -Ocean Oaks Condominium Department: Communitv Development Summary: The Management Company for Ocean Oaks Condominium has requested a Tree Removal Permit which includes a contribution to the "Tree Bank". The applicant wishes to remove five trees which present a future threat to the building, replacing them with a smaller species. The Tree Code requires planting of 1 O trees for the five removed. The applicant states that there is not sufficient space for 10 trees, only five. The Tree Code provides that a $500 Tree Bank Contribution can be made in lieu of planting two new trees. The applicant requests approval to install five trees (50%), and thereby reduce the Tree Bank Contribution by 50% (to $250 each) for the remaining five trees. In accordance with City Code Section 102-43(b)(6)(c), City Council approval is required for Tree Bank Contributions made in lieu of planting. Submitting Department Head: ToddM~t~ Date: March 7, 2011 Attachment(s): Excerpts from Ch. 102 (Tree Code), Memo from Building Inspector, Request from Management Company, Tree Removal Permit Application, Tree Hazard Evaluation Form, photographs. Financial Impact: A contribution to the City's Tree Bank in the amount of $1,250.00. (5 X $250) Reviewed by City Treasurer: Andrea Bowers , Date: 3/ '7 J / I The City Manager recommends that City Council take the following action(s): Approve the requested Tree Bank Contribution in Lieu of Removal -Ocean Oaks Condominium. Approved by City Manager: David L. Greene c)-;v-.. Date: 3/ 1 //1 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications r 1 Tabled to Time Certain Excerpts from City of Cape Canaveral Tree Code. Applicable portions nnderlined 102-43 -Tree replacement guidelines. (a) Tree replacement. All trees that are removed or destroyed and subject to replacement by this division shall be replaced by desirable trees or such other trees properly approved by pennit. Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is pending) or within 30 days of removal or destruction, whichever date is earlier, unless a greater replacement period is provided for good cause by pennit. (b) Criteria for replacement trees are as follows: (1) Characteristics of replacement trees. The replacement tree(s) shall have at least equal shade potential, screening properties, and/or other characteristics comparable to that of the tree( s) requested to be removed. (2) Size of replacement trees. Replacement tree(s) are to be made according to the tree replacement standards set forth in table 1 or as otherwise agreed upon by the city council and applicant. (3) Tree tpecies. Relocated or replacement trees shall include only species and sizes defined as desirable trees under this division. ( 4) Transplanting and maintenance requirements. All trees transplanted pursuant to this division shall be maintained in a healthy, living condition. Any such trees which die shall be replaced and maintained by the property owner. After acceptance of the trees and landscaping by the city, the city shall retain jurisdiction for two year to ensure compliance with this division. For new development projects which require at least ten new trees, the city may require a performance bond in a form acceptable to the city attorney, as a condition of site plan or other permit approval, in order to ensure compliance with this subsection. (5) Waivers of replacement tree(s) specifications. The number of required replacement trees may be waived by the city council, if the city council determines that the remaining number of trees to be preserved on site are of sufficient number and quality to substantially comply with the purpose and intent of this division and a tree replacement fee is paid to the city's "tree bank," which is hereby established. Monies collected in the tree bank shall be used for enhancement and maintenance of trees on public lands. The contribution to the tree bank may be waived by the city council for individual homeowners, on a case-by-case basis, if the homeowner can demonstrate that the payment of the fee will cause the homeowner an undue economic hardship. Substitute tree( s) allowed under this waiver provision must have the approval of the city council. The value to be paid into the tree bank shall be: established by resolution of the city council; set forth in table 1; and based upon wholesale market value of the trees being replaced, plus installation and maintenance costs to establish the tree. (6) Replacement guidelines. The following tree replacement guidelines shall apply: a. All plant material shall be Florida grades and standard one or better. b. For each tree located within a public conservation area (excluding jurisdictional wetlands determined by the St. John's River Water Management District or the U.S. Army Corp of Engineers, or as depicted on the map of existing wetlands in the city comprehensive plan) dedicated to the city as part of a development project, three replacement tree credits may be applied to the total number of trees required to be replaced by this division. However, the minimum tree requirement DBH of Protected Tree 4" up to, but not including, 8" 8" U(! to, but not including, 12" 12"upto, but not including, 16" 16" up to, but not including, 24" >24" set forth in section 102-45 shall still apply. Such public conservation area must be at least one-third acre with widths not less than 75 feet, unless otherwise approved by the city council. In addition, trees approved by the building official to reforest such conservation area shall also be applied to the replacement requirement on a one-for-one basis. c. If the city council determines, due to site conditions or configuration, it is impossible or impracticable for the applicant/developer to meet the requirements for tree replacement. under this subsection, the city council may allow the applicant/developer to pay into the city's "tree bank" the amount it would have spent on replacement trees. TABLE 1. CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS Number of Number of Preferred Contribution Replacement Replacement Small Plant to Tree Bank* Trees (1.5" Trees or Palms minimum dbh Required for Each each) Required Tree Removed for Each Tree (Palms must have at Removed least 6 feet of clear trunk) 1 or 1 or Preferred or $250.00 ' plant(s) w/credit l Qt l Preferred ~500.00 (!lant(s) w/credits 3 Not allowed Preferred $750.00 plant(s) w/credits 4 Not allowed Preferred $1,000.00 plant(s) w/credits To be preserved; To be preserved; see Tobe Tobe see§ 102-41 § 102-41 preserved; preserved; see§ 102-see§ 102-41 41 102:-52 -List of desirable speci~sand plants. NONNATIVE SPECIES Botanical Name Common Name Community Cold Tolerance (ST) Small Tree Eucalyptus cinera Silver dollar N,C,S + Lagerstromia indica Cre(!e myrtle ~ + Memo Date: Febma,y 2, 2011 CITY OF CAPE CANAVERAL BUILDING DEPARTMENT To: Todd Morley-Building Official From: Mike Richart-Building inspector RE: Tree removal at 8700 Ridgewood Ave. (Ocean Oaks) We have received a request from Coe Cribbs of Keys Property Management to remove five trees, due to them being too close to the building and causing damage to the building and utilities in the future. Per table I they are required to replant two trees for every one tree removed for a total of ten. Instead of this, they are asking to replant five Crepe Myrtles and pay$ 250 per tree for the remaining five trees. Per sec 102-43 .(b) (6) (c) of the Tree Replacement Guidelines, this should be forwarded to the City Council for review. Enclosed is the application, the arborist report and pictures of the existing trees. A permit will also be required at a cost of $45. 02/07/2011 MON 10:42 FAX 3217848350 Keys Enterprise lilJOOl/001 Condo •·1 IOA~ Cummcn::i.il Cond<)ld" Aparlnll~t\Li; Ke}'S Prnp'-'rl)' Mm\.1grnwnl l~nlerprii-c, hw. Cocoa Beach Office :;sos N. Atlanlic Ave. Suile'.W7 Ci.1wn Beach, FL 3293 l (321) 7SH<ll l (~2 l) 78:I-B350 F~x Kcey West O f/ici, Key \i\1e~t, FL 31(1,H) (30'.i) 29.l-il06!) (:\05) 29:l-S(Ml Fax keysentc-rprisc.corn January 26, 2011 City of Cape Canaveral Attn: Mike Chart RE: Ocean Oaks Condominium Association 8700 Ridgewood Avenue Cape Canaveral, FL 32920 Tree removal/Replacement Dear Mr. Chart: Per our telephone conversation of January 26, 2011, The Board of Directors at Ocean Oaks request to do the following: Remove the (5) existing oak trees that are directly in front of the building and replace them with (5) Crepe Myrtles that have a diameter of at least 1 Y, inches. In addition, they will donate $250 per tree ($1,250) to the Tree Bank. The trees are being removed because they are too large for the area and are already causing problems for the homeowners that face them and will cause future problems to the buildings. The area is too small to accommodate any additional trees other than the proposed Crepe Myrtles so we would like to make the donation in lieu of the trees. If you need further information, please do not hesitate to contact this office Coe Cribbs Administrative Assistant Keys Property Management (321)-784-8011, Ext 218 _, $'~~ ftlf:_~)~j: j CITY OF CAPE CANAVERAL PERMIT APPLICATION FOR THE REMOVAL OF TREES Authority: Cfty of Cape Canaveral Code of Ordinances Sec. I02-37(c) (321) 868-1222 Tracl<lria# JO-Of.5:5 ~ ---- Pennit # --- City ofCapeCanavcrol Building Department 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 You may download this application: ~vv./w.citvofcanecanaveraI.orl?. You may fax to: (321) 868-1247. Important: Please complete the chcckli::;t on this form and provide documentation. as indicated. A copy of contract may be required. AppJications will not be accepted unless complete. APPLICA_NT WILL BE CALLED VlJ-!EN PER.MIT IS READY. (Contractor or Owner is required to sign for the permit, unless indicated other.vise by affidavit. I.D. may be required) AddrcssofJobSite:..J{J.OO _____ jJbC-El-/00/.J ~~,1/'l" C4Nr/Vt:~,'fL .Fl.. 3292<> Legal description of property: TWN: 2,.__,f 5RNG37 I[ SEC: L=L..._ SUBD: BLK: --LOT: ...!:l.._PB: ...J..fe_PG: ....7.Z Property Owner Name: Dt'.&1/,/ V,1J<:;(,,,,,131,one: z,4_'iJOJ / Address: ---6:.?i'S-Jlrz4,v,,c ,jvG. ""Z<Y1 G,c&'{ ,:Jed ::5..Z>' 3 / Contractor Name: __ Si, r? ..-'5 7.'f l.17 l ,;fi_ . Name of Company: /-IJ<,<36P--rEcr./ ' Address: 5;z3,5 p,:_o,;11>//. /'AL,"' J-1v<', Coe,,, /-'""L :52'7'?. 7 ~ State License No.: ~~c 3 So 7 'I(., _ Phone (office, .. "'];2./ b 3i, · t?:TZ Phone (cell/pager.): :JZi-'ilb .. 71</ /Fax: ____ ,. ____ _ i'i~~tn\ J<'.oe....-iL , fJ,-. = !"h,,,-..:..•,"'••-.\. i .. ~1-i£t.O · Please check all that aj;i;{y (proof ma;1,e requireJ). Ofth trec(s)tobe removed, are all the trees: dead? diseased? , \ suffering from severe structural defects? pc.sing a clear and obvious safety hazard? 1eo ,(.1.:..oSef-r; Please clarifythereason tree(s) mustbe removed: (IA.v& (i,foeJAJ roo JAA?GC-Fci7_ 77-1'3· fi£e4 /3,;_))_,:,.:S Do you plan to relocate the tree(s) or re-plant11ew tree(s)? Please describe: .I< i.: ·f'Lrf;<..lr L rv£ ~; fl! ..s ,.. h~ Notes: d.b.h. is diameter at breast height (4 Yi: feet above grade) Caliper is the measurement of a tree 12 inches :from the soil level A Specimen Tree is one "-'l.th a 24'' or greater caliper measurement. City Council shall have £nal approval authority for the removal of Specimen Trees. ! \// Type of Residential I Quantity of / Of the trees planned for removal, ! Sum total dbh of all incbe.,; Buifdjng built or proposed protccted/nath·e I how many have caJiper of all protected/native i on the property trees over 3~' dhh ._.L::::uremcnt nf 24" m:· fa rger? trc<'.S to I:,¢ re-.mf)ve.d to be removed I Sinf!le Familv Residence I To"WD110me L At1:artment i .~ l'i/1 Il,'""'t •• i Other ( snecify\ t'nlJW N;,:IY "'1 'l! I IV ' /",tj.;, 7Lfl :!i)'' l . rd. -./ Permit Application Checklist Notes i ~ Com~:Jeted Pem1it AE:elication Valuati~ tree rc.moval , work I .$ I $~!)0~ ! :.-+ A plan shm¥llu:i: location and sizes of trees to he removed and olanfed showing all existing/proposed consmiciion and landscaping i _,,r Contractor's State License I Record will be kept oo file after initial submittal I .vi Current \Vorker's Como. Policv /Exemotion Record will be kept on frTeaffer initial submittal --! I Cit.):: Council A12groval (if needed~ Elease attach aeeroval minutes) I I Pnrremnval of specimen or-'1:$10ric trz~ I Application is J1ereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and tl1at all work will be performed to meet the standards ofall laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree removal activities are complete. By signing. applicant affirms that a.JI above is true and correct and that he/she is an authorized agent of the,fontras;¥ir and/or the Owner and has the authori;9' ap~or this permit. . , Applicant'sName: Coe CJ?;,€1?,'S Applicant'sSignaturc: a {__Y:. Date: 1·· /7-!0 ~~ta~;occ~~b.t~~:~~Florida, C'ountyofBrev,cd sworn and ,uhsctibed before me thi, j7~ day of )f,o_'tra'!ji.c,:20 10, Sea}: Printed name of App!icam n who produced identification: ________ or !""":;-;::"::"-~"':"~------.· Q-°;s perscr.all)' knc"n to mo. '~;&'*''.!Ji~ JAMES scorr HEADRICK ~·; ;~ Commissioni3D 7221,75 ~' . . 'fi Expires October 8, 2011 ~Rf,,f.,_,g'~ ~"lil!uT~Fti:i~IIQ.&6.7CIS G;'\.B!cl;::.Dept.Forms\BP . .:\ppf. R~mnv::i! e!Tn!~s (3 D.U.} -~ ,J I \ OCEAN OAKS, A CONDOMINIUM SCALE: 1 "=200' LINE TABLE Line B~ring L1 s.ou1s•s9•£. Distance 27.86' Curve numbor 1 Rodi us:.: t 00. 00' Do/ta= 80'.(.2'12" Arc-1.(.0,85' Chord= 129.50' l2 S.89'4+'0/"W. . 29.90'(!.IE'ASURE:D} Chord Brg. S.40"03'32"W . £X/STiNG --2 STORY RE:S1D£NC£ OffO BOOK 99. PAC£ S .JO' STRlP PER 0.R.8. 49 1, PC .. 20 S.1N,48'4g'°W. MJ:rr REPl.AT OF OCON WOODS STAGE NTH£ PLAT BOOK 26, PAGE 90 .~ fig -~ 889.8,5• ROYAL JMNSIONS, A CONDOMINIUM O.R.8. 2899. PAGES 8J5-10JI ii: ~ ._@ 0 N.R, J.IQNl)JJ~NT -7r, R/J A!)l nf>J.JJ:l" 2J9.2t' I • TREf HAZAURD 1 EVALlUATION 1FORMa;n;~e;:on Site/Address: __ 'is_Ji_G)_6 _ ___,__/G=--t=.·~_,__7-tq=)O~· c._,c/~,_c_._C._,+/"-fl- Map/Location: - Owner: public . private ;_;;,' unknown other -=--'--- Date: 'f-Z-7-/l?,,spector:t!tff aF (bpe(;gr,gi/t'.[q/ -/ iW\ Oc:t Date of last insp.ection: 'tt,/(~ (\ · . TREE:UH ~RISTICS . . . tr . " ~e #: -Jl'I Specie~, ~ve('(:l)? Vi {l.~1Ji1r,q Lve t)A~ o" ,5 '' 7 , J ,, I'&' ' O / 7 O,et: DBH:_:_.,,o #of(runks: Height: £X Spread: :30 . HAZARD RATING: 3~ /2_. I.~+ 4 Failure + Size + fotential of par/ Target Rating ). ___ Immediate action needed ___ Needs further inspection ___ Dead tree Form: ~nerally symmetric C minor asymmetry C major asymmetry O stump sprout O stag-headed Crown class: ~minant O co-dominant 9J,itermediate O suppressed Live crown ratio: 9 ~ % Age class: {;;?'young ,= semi-mature O mature O over-mature/senescent =-'-'--; Hazard Rating Pruning history: ~n clealJ.e0 C excessiveiy thinned '.:J tocced ~m pjsed D pollarded D crown reduced Oflush cuts C cabled/braced 0 none ~ultiple pruning events _,Jrpprox. :J2res: _Ll.=_V'l~l'\.~(O=uJ=-· ....... _____ __.,,_ ____ """'" ____ _ Special Value: 0 specimen O heritage/historic [}(wildlife C unusual D street tree O screen O shade · indigenous · protected by gov. agenc TREE HEALTH:,t;------------------------- Fotiage color. ~ no~ 0 chlorotic :J necrotic Epicormics? (:[) N Foliage density: IB'hormal O sparse / Leaf size: C normal D small Annual shoot growth: 0 excellent f0'.averag:,.r0 poor Twig Dieback? Y @) Woundwood development: D e'5l'llent ila"average· · D poor O none Vigor class: D excellent :12'fverage ::::; fair O poor Major pests/diseases: llbn e a f f,...;., e J , ,i 5,Peehon 5 Growth obstructions: D st'1s Dwire/ties O signs [ll1(u'9/paveme~t . f? guards . QYotlier BM, W,nq Dcables SITE CONDITIONS,_,,_ ______________________ _ Site Character. esidence D commercial C inous.rial = parl< D openyace g;iatural D woodland\forest Landscape type: O parkw)Y O raised bed D container _J mound Cirrawn ~nub border C' wind break lrngation: C none ® adequate C inadequate c:; excessive O trunk wattled Recent site disturbance? Y © D construction D soil aiswbance D grade change D line clearing % dripline paved: 0% 10-25% ~-5ici) 50-75% 75-100% Pavement lifted? = site clearing Y@ % dripline w/fill soil: P'1 ,0-25% 25-50% 50-75% 75-100% % dripline grade lowered: {9)1 10-25% 25-50% 50-75% 75-100% Soil problems: D drainage D shallow D ~ompacted iu(oughty CJ saline ~kaline D acidic D small volurri_e_D disease center D history of faH• Ob.st~:c~;n:: -~ :~•:ts ~ !~:::;:ve ~ ~e~::.:i:ht D~;sp~\verh~:ines D underground utilitie~ D traffic D adjacent veg. .~ c/ Exposure lo wind: D singl: trfe D below canopy llYabove canopy D recently exp~ D windward, canopy edge O area prone to windthrow Prevailing wind direction: W£§ f Occurrence of snow~ce storms [B"i(ever O seldom D regularly Use Under Tree: D building .0 parking = traffic pedestrian D recreation andscape D hardscape Can target be moved? Y @ Can use be restricted? Y <ti) / Occupancy: ::::J occasional use D intem,ittent use O frequent use ~stant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use ot this form. ROOT DEFECTS: Suspect root rot Exposed roots: D severe M. ush~m/conl<Jbracket present: Y ~ ~oderate D low Undermined: D severe D moderate Root pruned: c) distance from trunk Root area affected: 0 % Buttress wounded: Y @ W 1 he;7-------- Restricted root area: D severe ~~e D low Potential for root failure: D severe D moderate Cil1ow LEAN: ~ deg. from vertical cin'a.tural D unnatural D self-corrected Soil heaving: Y {ii) Decay in plane of lean: Y @) Roots broken Y {£j) Soil cracking: Y @) Compounding factors:--------------------Lean severity: Q severe D moderate CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s; severe, m; moderate, I; low) " DEFECT ROOHROWN TRUNK SCAFFOLDS BRANCHES Poor taoer I L. l_ '---(_ Bow. sweeo I L-/ t Codominantsiforks tJ//1.. J L L Multiple attachments I L-.L L..., L .Included bark I t It I I Excessive end weioht I /1//4-I 1 1 Cracks/solits I t_ I /!_. L Hanoers A///f I L.., J Girdlino L 11 l-/ Wounds/seam I L t..-. ? ' Oecav I I ., I / Cavitv · (V//-f / '--L. Conks/mushrooms/bracket f L l L. Bleedino/sao flow j L I I Loose/cracked bark I I [.__· I Nesting hole/bee hive L-, £.-/ L..... Deadwood/stubs Ard-L L I Bo re rs/termites/an ts I L-L-. L_ Cankers/oalls/burts L L.. L_ L Previous failure L '-/ / HAZARD RATING--rr-~~,-,-,----------------------- Tree part most likely to fail: ==H=e=o.=\'::.\-~IA=Y'.::=='Tl'='=(:::'e.:::'e.°::5~=4-~C::::;;;;_ inspection period: annual __ biannual __ offier :.f-+, m ·e_ Failure potential: 1 -tow: 2 -medium: 3 -high; 4 -severe ··Size·of part: 1··,,6" 115 cm); 2, 6-18" (15'-45 cm): 3 -18-30" (45-75 cm): 4 ->30" (75 cmj Target rating; 1 -occasional use; 2 intermittent use: 3 -frequent use; 4 -constant use cJJiure Potential+ Size,2; Part+ Target iyitjng; Hazar~ting I •O\+ '-f; ·1 --~- HAZARD ABATEMENT----------------------- Prune: D remove defective part D reduce end weight D crown clean D thin D raise canopy D crown reduce D restructure O shape .CableiBrace: --------------------. .Inspect further. 0 root crown D decay D aerial D monitor Remove tree: cl> N Replace? (j) N Move target: Y ® Other. -------------------- Ettect on adjacent trees: Nolilicalion: Downer D none D evaluate D manager ~ming agency 9 -2 ?-/C Dale:---'------------- Y"'v1 . -Y:-"""-J.i c:.. ii, ~ F / 0 5" .!If ,4_ City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/15/2011 Item No. q Subject: Ordinance No. 01-2011, Amending Articles II and Ill of Chapter 2, Administration, of the Cape Canaveral City Code related to the City Council and City Officers and Employees; making amendments consistent with the adoption of the new City Charter; making minor editorial and conforming amendments; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Department: Administration Summary: In November 2010, City Charter amendments were adopted. The articles and section numbers in the new Charter are different from the prior Charter. Ordinance No. 01-2011 includes the necessary reference changes for Chapter 2, Articles II and Ill of the City Code. The City of Cape Canaveral has held two Regular City Council Meetings a month as required by the prior Charter. The new Charter requires only one meeting a month. City Code Section 2-56 requires regular meetings on the first and third Tuesday of each month unless otherwise postponed, cancelled or rescheduled by majority vote of the City Council at a regular meeting. At the February 15, 2011 Regular City Council Meeting consensus was reached to amend this schedule to require one meeting per month on the third Tuesday, reserving the first Tuesday each month if an additional meeting is necessary. Council cited the amount of City resources required to conduct two regular meetings per month and the need for greater efficiency as the basis for their consensus. The proposed Ordinance changes Section 2-56 to meet the consensus of the City Council, allows rescheduling of meetings by consensus of the Council and eliminates the need to reschedule a meeting which falls on a holiday. The new Charter also changed requirements for appointing an Acting City Manager and eliminated the Charter Positions of City Treasurer and City Engineer. Amendments are also proposed to Section 2-102, Section 2-141 and 2-151 to make these sections conform to the new Charter. Lastly, minor editorial changes were made for readability and consistency with current practices; such as, posting the meeting agenda to the City's website and meeting at the Library Meeting room. Submitting Department Heads: Angela Apperson ~ Date: 03-02-11 Attachment: Ordinance No. 01-2011 City Council Meeting Date: 03/15/2011 Item No. ___ Continued Financial Impact: This will have a positive financial impact on the City's budget; reducing the overall number of meetings will have cost savings for City Attorney attendance. There are moneys available in the budget to cover the cost of advertising the Ordinance prior to second reading. Andrea Bowers G / ~ }8 / 11 Reviewed by City Treasurer: Date: The City Manager recommends that City Council mke the following action(s): Approve the first reading of Ordinance No. 01-2011. Approved bv Citv Manager: David L. Greene Cl '""l.>--4--Date: :. f <-f f I I City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 01-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLES II ANDIIIOFCHAPTER2,ADMINJSTRATION,OFTHECAPE CANAVERAL CITY CODE RELATED TO THE CITY COUNCIL AND CITY OFFICERS AND EMPLOYEES; MAKING AMENDMENTS CONSISTENT WITH THE ADOPTION OF THE NEW CITY CHARTER; MAKING MINOR EDITORIAL AND CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b ), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on November 2, 20 I 0, the voters of Cape Canaveral approved, by referendum, a new City Charter; and WHEREAS, certain amendments to the City Code are required to ensure the Code is consistent with the new Charter; and WHEREAS, Chapter 2, Administration, of the City Code, requires amendment to reflect the City Council's desire to conduct regular City Council meetings once a month on the third Tuesday of each month, instead of twice per month; and WHEREAS, in addition to these amendments, various other provisions of Chapter 2 require minor modification to update and streamline the City Code regarding City Council meetings and the preparation of agendas and minutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Conncil of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 01-2011 Page I of 7 Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and sttikeottt type indicates deletions, while asterisks(* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION Sec. 2-26. -Elections. *** ARTICLE II. CITY COUNCIL DIVISION 1. GENERALLY All powers and duties of the city specified in the city Charter in the general laws of the state are vested in the city council. The city council is comprised eomposed of five members who are elected at large by the registered electors of the city. Two members are elected each year to three- year terms, except on every third year only one member, who is also the mayor, is elected to a three- year term. Further, should any general election include the election of a council person due to a vacancy in that office pursuant to article II, section 2.06 artiele m, seetion 4, of the Charter, then the unexpired term shall be filled by the candidate receiving the third greatest number of votes, or the second greatest number of votes in third year elections involving only the mayor. Should more than one vacancy be filled at the election, then those receiving the greatest number of votes shall be declared elected for the longest terms. *** DIVISION 3. MEETINGS Sec. 2-56. -Regular Meetings. The city council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. The city council may, on an as-needed basis, begin its regular meetings prior to 7:00 p.m. When the day fixed for any regular meeting falls upon a day designated by law as a legal national holiday, such meeting will not be held shall be held on the next sueeeeding day not a holiday. Regular meetings may be otherwise postponed, canceled orrescheduled by consensus only by motion adopted at a regular meeting by a majority vote of the city council. All regular meetings shall be held in the eity hall annex or stteh other place as designated by a majority of the council in open session. City of Cape Canaveral Ordinance No. 01-2011 Page 2 of 7 Sec. 2-57. -Special meetings. (a) A special meeting of the city council may be initiated by any of the following means: (1) By an affirmative vote of a majority of the city council pursuant to the Charter, article II, section 2.11 mt. V, § I. (2) By serving the city manager or the city clerk notice in writing and signed by a majority of the city council. The clerk shall immediately give verbal or written notice to each member of the council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. Notice shall be posted at city hall and on the city website. (3) By verbal notice to the city clerk or the city manager by a majority of the city council whenever an emergency exists which requires immediate action by the council. The clerk shall immediately attempt to give notice to each member of the council stating the hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not affect the legality of the meeting. (b) All special meetings shall be held in the city hall or such other place as designated by a majority of the council in open session and shall be open to the public and the press. Sec. 2-58. -Workshop meetings. Workshop meetings may be called to informally discuss matters relating the city business, including tnattus to be placed on !::he agenda fv1 the succeeding regular council rnccting, by a vc1bal notice set ved on the city cle1k at a 1egula1 nwcting of the city council 01 in writing and signed by a 1najo1ity of the councihnctnbers. Workshop meetings shall be held in the city hall annex 01 any other place so designated by council to [be] the locations of workshop meetings and shall be open to the public and press. Notice of workshop meetings shall be posted 24 hours in advance at the city hall and on the city website. Minutes of the workshop meeting shall be prepared and distributed to council members. Sec. 2-59. -Preparation of ordinances and resolutions prior to meeting. All ordinances and resolutions prepared shall be filed with the city cluk and have a permanent reference number assigned prior to consideration by the council at any regular meeting. A copy shall nonnally be fmnishcd to each councihne111bc1 at the wotkshop 111ccth1g ptiot to the 1cgular tneeting at which the ordinance 01 resolution shall be conside1ed. A copy of the ordinance or resolution for adoption at the regular meeting is furnished in the council agenda packet. City of Cape Canaveral Ordinance No. 01-2011 Page 3 of 7 Sec. 2-60. -Preparation and notice of agenda. (a) There shall be an official agenda of every meeting of the council which shall determine the order of business conducted at the meeting. (b) All items to be placed on the agenda must be initiated by a member of the city council, the city attorney, city clerk, or city manager, or department director. (c) All items to be placed on the agenda must be filed with the city clerk the Wednesday two (2) weeks prior to the council meeting. or dming the wmkshop 1neeti11g pmsuant to section 2-58. If the wo1kshop is not held, any 111cnrbc1 of the city council, the city attmncy, city cle1k 01 city 111anagct 111ay place an itc111 on the agenda. Agenda packets shall be distributed to council members the Tuesday one (I) week prior to the council meeting. ( d) Public notice of the agenda for all meetings shall be served by posting the agenda in a conspicuous place in at city hall and on the city website pdo1 to 1.00 p.m. the day the Tuesday one ( I) week preceding the meeting. *** Sec. 2-62. -Presiding officer. The presiding officer of the council is the mayor. The council shall annually elect a mayor pro tern at the first regular meeting after the day of the general city election and the mayor pro tern shall preside over the council in the absence of the mayor. The mayor shall assume the chair as presiding officer at the next regular meeting after his or her election. The presiding officer shall preserve strict order and decorum at all meetings of the council. The p1esiding officer shall state c vuy question corning before the council and announce the decision of the council on all rnatters coming before it. A majority vote of the members present shall govern and conclusively determine all questions of order if a parliamentary decision by the presiding officer is challenged. *** Sec. 2-65. -Minutes. The minutes of the previous regular meeting of the city council shall be adopted by reference, unless tequest is 111ade by a couneihne111bcr for the n1inutcs to be read in their entirety. The city clerk shall strive to have available to each eouneihncnrbet and to the city attonwy a copy of such minutes at least 24 hours preceding the next regular meeting. There shall be copies of the minutes posted on the bulletin boa1d and copies available for the citizens to examine at the city council meeting. The minutes of the meeting shall be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. *** City of Cape Canaveral Ordinance No. 01-2011 Page 4 of 7 Sec. 2-68. -General discussion. Every regular meeting of the city council shall include a period of time limited to one quarter hour for the purpose of a question and answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the council or officer or official of the city. The limitations set forth in section 2-66(g) and (h) shall apply. *** ARTICLE III. OFFICERS AND EMPLOYEES *** DIVISION 2. CITY MANAGER *** Sec. 2-102. -Acting city manager. By letter filed with the city clerk, the city manager shall designate a qualified administrative officer of the city to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. During extended absence or disability of the city manager, the city council may revoke such designation at any time and appoint another administrative officer of the city to serve until the city manager shall return. The eity manager, 01 in his absence, the city cow1cil, shall appoint au acting city 111anagct. The acting city 111anagct shall act for the city 1nanagc1 dming sickness 01 absence of the city 111anagc1 and shall be 1csponsiblc £01 the functions of the office. *** DIVISION 5. CITY TREASURER Sec. 2-141. -Duties. The city tteasurct has the duties and rcsponsibiHties to. (1) Collect tnonics pursuant to directive of the city tnanagct and city council. (2) In eonjnnction vvith the city nianage1, ptcparc the am1ual budget with the assistance of all offices and boards and 111akc available a rnonthly 1epo1t ofinco111e and expenditures relative to the cuneut budget. (3) Dheetly ad111inistct and super vise the units of the office. City of Cape Canaveral Ordinance No. 01-2011 Page 5 of 7 BIVISION 6. CI'FY ENGINEER Sec. 2-151. -Buties. The city engineer is designated by the city council and is directly responsible to the council. The city engincu has the duties a11d responsibilities to. (I) (2) Conduct rcscatch in engineering 111attc1s as dhectcd by the council. Pcrfo1111 engineering functions as tnay be directed by the city council. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this __ day of -----' 2011. ATTEST: ANGELA APPERSON, City Clerk Rocky Randels, Mayor Bob Hoog Jim Morgan BuzzPetsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 01-2011 Page 6 of 7 For Against First Reading: March 15, 2011 Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No.01-2011 Page 7 of 7