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HomeMy WebLinkAboutPacket 07-20-2010 RegularCity of Cape Canaveral CAPE CANATERAL LIURART llft���WWIT 201 Polk Avenue Tues,d July 20�, 2010 7:0O PIVI E� �4; ROLL CALL: PRESENTATIONS: 7-00 p.m. — T-20 p.m. Brevard County Historical Commission — Historical Landmark Program as presented by Commission Chairman Joe Morgan Brevard County Sheriff's Office — Deputy of the Month for May and June 2010 City Historian Ray Osborne related to the Historical Preservation of the Log Cabin located at 122 Oak Lane. III F-�1111111�ili�� Iii'lll ; Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limiit their comments to five (5) minutes. The City Council will noi 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, W0,911 I I'll "I'll 11 1 1 1 IPZIWW=r A 105 Poll, Avenue - Post Office Box 326 Cape Canaveral, FIL 32920-0326 Telephone: (321)' 868-1,220 Fax. (321) 868-1248 www.cityofcapecanaveral.org - email: ccapecanaveral0cfl.mcorn City of Capanaveral, Florida July 20, 2010 Page 2 of 2 Z Award Bid No. 2010-03, Renovation of the Canaveral Precinct, to Trade Wind Builders in the amount of $142,,0100.00 and authorize the City Manager to execute the contract for same; waive the Building Permit Fees-, approve $83,350.00 for materials, which includes the window option, to be purchased by the City and contingency; approve the lease agreement for temporary office space at 110 Polik Ave., Units 1, 6 & 7 and authorize the City Manager to execute the contract for same, with rent and utilities, being estimated at $13,575.00. Approve transfer from reserve in the amount of $238,950.00. 3. Approve the selection of James Moore & Co. P.L. as Independent Auditor and authorize execution of the Engagement Letter,. 5. Transit Shelters/Benches Project — Approve surveying of transit stops alo State Road A1A to Stottler Stagg & Associates (SSA) in the amount of $6,325.00- 1 6. Transit Shelters/Benches Project — Approve construction of concrete pa and installation of transit shelters/benches/trash cans to Atlantic Development of Cocoa Inc. in the amount of $69,500.00. 1 7. Approve the use of $1975.00 in contingency funds for painting the interior of four (4) racquetbiall courts. Tv. Appoint David Greene as the Technical Advisory Committee (TAC) Member to the Space Coast Transportation Planning Organization (SCTPO)i, representing the City of Cape Canaveral. .......... i Pursuant to Section 286.01105, Flotida 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 purposethat person may 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: 07/20/2010 Subject: Presentation related to Historical Landmark Program. Department: Administrative Summary: Mr. Joe Morgan, Chairman of the Brevard County Historical Commission will present a brief overview of the Brevard County Historical Landmark Program. Requested Council Action: Receive Presentation Financial Impact: None projected Attachments: Mr. Morgan 783-8389 is to drop off handouts. Requested By: Joe Morgan, Date: 7/6/2010 Chairman of the Brevard County Historical Commission Approved by City Manager: David L. Greene 0 1-9,1' Date: 71'/.2f,(d City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain UNABLE TO SCAN BOOKLET FOR AGENDA PACKET -- GUIDE IS COPYRIGHTED MATERIAL UNABLE TO SCAN BOOKLET FOR AGENDA PACKET — GUIDE IS COPYRIGHTED MATERIAL HISTORIC BREVARD LANDMARK GUIDE Juan Ponce de Leon Explorer and Florida's First Governor YOUR GUIDE TO HISTORIC LANDMARKS IN BREVARD COUNTY, FLORIDA A FREE PUBLICATION OF THE BREVARD COUNTY HISTORICAL, COMMISSION FUNDED BY THE BREVARD COUNTY TOURISM DEVELOPMENT COUNCIL WEBSITE HTTP://WWW.SPACE—COAST.COM/ VISITOR INFORMATION: 877 57 -BEACH �FloYidi�s„o� conSt y ., ORLANDO'S CLOSEST BEACHES City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/20/2010 Subject: Deputy of the Month for May and June 2010 Department: Brevard County Sheriff's Office — Canaveral Precinct Summary: On May 29, 2010, Deputy Alex Sorokin responded to a disturbance at an area apartment complex. Upon his arrival Deputy Sorkin met with two victims and several witnesses and quickly established a residential burglary had just occurred in which the two victims had been battered. Deputy Sorkin quickly established the identity of the suspect who had fled the scene and put out a radio broadcast to area units describing the suspect and the suspect's vehicle. Based on Deputy Sorkin's prompt initial investigation and radio broadcast the suspect was located as he fled the area and arrested. Deputy Sorkin continued his thorough investigation obtaining sworn statements from the victims and multiple witnesses. Deputy Sorkin's quick action and attention to detail resulted in the timely apprehension of the suspect and quick resolution to this felony case. On June 19, 2010, Deputy Kristen Fettes responded to theft complaint at an area convenience store. Upon arrival Deputy Fettes met with the manager who reported a charity donation box kept by the register had been stolen the previous evening. Review of the video surveillance system found an unidentified white male and female had distracted the clerk while making a purchase. The unidentified male placed the donation box in the female's purse, then the suspects left the area in a late 1980 or early 1990's Lincoln Town Car. Over the next several days Deputy Fettes conducted an ongoing investigation talking with multiple persons in the community in an attempt to identify the persons responsible. On June 25, 2010, Deputy Fettes was contacted and advised of a license plate number for the suspect's vehicle. Deputy Fettes ran the license plate number and obtained the suspects last known address. Deputy Fettes went to the address and found the address was vacant. Deputy Fettes located a neighbor who told her they thought the suspect had moved to another lot in an area trailer park. Deputy Fettes checked the trailer park and did not locate the vehicle. On June 26, 2010, Deputy Fettes located the suspect's vehicle in an area trailer park. Deputy Fettes made contact with the male suspect and obtained a confession that he had stolen the charity donation box. The suspect agreed to return the donation box and provided restitution for the theft. Investigation found the suspect had a history of medical problems and an established history of mental illness with multiple diagnosed psychiatric disorders. Deputy Fettes diligence and commitment in this case were exemplar and reflect a high level of dedlication to the community she serves. Requested Council Action: one Financial Impact: None Attachments: None Submitting Department Head: CommanderAlanMoras Date: 07-08-10 Approved by City Manager: Date: City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to, Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: July 20, 2010 Subject: City Historian Ray Osborne related to the historical preservation of a log cabin located at 122 Oak Lane. Department: Administration Summary: At the June 1, 2010 Regular Meeting, this item was brought up by City Historian Ray Osborne under Reports. Mr. Osborne informed the Council the owners of the property at 122 Oak Lane may be willing to donate the log cabin, said to have been built in 1920 and located on said property, to the City of Cape Canaveral for historical preservation. Mr. Osborne informed the Council there would be costs involved related to moving the log cabin and a decision would need to be made designating where to place the structure. The Council reached consensus to place this item on a future agenda for discussion with preliminary cost figures and research as well as more detailed history to be provided by Mr. Osborne. Requested Council Action: Request Council provide direction Financial Impact: Fiscal impact is dependent upon the direction provided. Attachments: Detailed history and Cost figures Submitted by: Ray Osborne, City Historian Date: Approved by City Manager: David Greene CQ `�'�' Date: 7113110 Note from City Manager Greene: Items needing to be addressed: • Where will the Log Cabin be moved to • Who will operate the facility • What are the hours of operation • Related ongoing budget and impact City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ALMA BEECHER LOG CABIN Built: 1935 Location: 122 Oak Lane, Cape Canaveral. Not ol)en to the public Built by local setter Bill Chandler, this log cabin was made of "Cabbage Palms" with half of the log planed with a draw knife for the interior walls. Walls were varnished and the chinked was hand mixed mortar that was tinted light green. The cabin had a metal roof but 110 insulation; although the log portion was a natural insulator for the walls. Bill Chandler raised his family in this cabin. Ile was a multi - skilled craftsman with skills in carpentry. Bill was also a machinist, mechanic, bicycle specialist, locksmith and a commercial fisherman. He built several Florida vernacular houses in the township of Artesia and other locations in Bre- vard County. Bill was employed in the civil service at Ba- nana River Naval Air Station as a carpenter and locksmith in the 1950s. The home later became residence for local mail carrier Alma Beecher. 1"'he site is a location along the Cape Canaveral Heritage frail. BRI883 Age: 2000 years BP Location: Pubic gazebo on river edge at Center Street, Cape Canaveral, Coordinates: N 28 22.883 W 8036,530 Six ancient Indian Burial Mounds fi•orn the St. Johns and Malabar periods are recorded being in the local area, perhaps underwater in the Banana River. The findings of an archeological expedition to 26 Jul 12 10 10:40a LaRue House Movers 904-284-8644 p.1 House Movers & Sons, Inc. 315 South Vermont Street, Green Cove Springs, FL 32043 904-284-3317*fax 904-284-8644 A Family Owned Business Since 1945 LICENSED BONDED & INSURED State Certified Building Contractor License # CBC056852 laruehousemoversaa.bellsouth_net www.isch-sonvillefoundationreT)air.com www.laruehousernovers.com ESTIMATE DATE: duly128, 2010 TO: City of Cape Canaveral ATTN: Ray Osborne 105 Polk Avenue PO Box 326 Cape Canaveral, FL 32920-0326 1-321-868-12301 fax 1-321-868-1249 RE: 122 Oak Lane We are pleased to submit an estimate on the below job(s) which shall consist of LaRue House Movers & Sons, Inc. (hereinafter referred to as 'Contractor") performing the following work for the above named Customer (hereinafter referred to as'Owner`): We will move 1 (one) Log Cabin with fireplace. When work begins on fire place and fire place is deemed un -safe to move, fire place will have to be demolished. Not knowing where cabin is going to be moved to and hold walls are built where additions are, we can only give a very rough price. When location is found and access to inside of cabin if available, we can give a firm price. If an Engineer is required Owner will be responsible for Engineer and Engineer's fees. If compaction tests are required by Governing Authorities or desired by Owner, Owner will be responsible for the test and fees. Owner is responsible for the following: demo additions; build new foundation; clear right of way; any and all right of way including utility companies, railroad, police escorts, etc. (this includes all of the previous but not limited too): any fence removal and reinstallation; any tree trimming, tree removal, tree reinstallation, tree surgeon and permits if required; removal and reinstallation of any shrubs; cleaning (lot) debris other than specified, disconnecting and removing AIC unit, removing telephone wires and electrical wires (wires must be disconnected from building) prior to start of job; any and all necessary permits. Contractors' labor, material and services to be performed for the sum of: Approximately $15,000.00 to $25,000.00. Payment terms to be outlined in a full contract if this Estimate is acceptable by both parties. This estimate is to remain valid for a period of 15 days only. Thereafter LaRue House Movers & Sons, Inc. reserves the right to adjust this estimate, resubmit an estimate withdraw this estimate at their discretion. Sincerely: (V V-Pi9W& Lawrence P. LaRue / President I LaRue House Movers & Sons, Inc. Accepted By: Customer's Printed Name Accepted By: Customer's Signed Name trl NUMBER OF (PAGES INCLUDING THIS ONE: 1 Date: Date: CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY April 6, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts. Council Member Betty Walsh Others Present: Acting City Manager Angela Apperson Acting City Clerk Mia Goforth City Attorney Anthony Garganese Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Recreation Director Robert Lefever Building Official Todd Morley Planning & Development Director Barry Brown Fire Chief Dave Sargeant Sheriffs Department Commander Alan Moros PRESENTATIONS: Brevard County Sheriffs Office — Recognition of COP Volunteers Canaveral Precinct Commander Alan Moros recognized and presented plaques to Jack Childs, Mike Cota, Charlie Grimm, Bill Hanson and Bill Suiter for their hard work and dedication to the City and the Brevard County Sheriff's Office Cape Canaveral Precinct. The Council expressed thanks on behalf of the residents of the City. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2010 Page 2 of 7 St. John's River Water Management District — Recognition of the City of Cape Canaveral's Water Conservation Efforts The St. Johns River Water Management Intergovernmental Coordinator Ann Bennedetti announced the month of April as Water Conservation Month. She recognized the City of Cape Canaveral's reclaimed water program and commended the City for adopting a landscape irrigation ordinance. Council expressed thanks to Ms. Benedetti and Public Works Director Walter Bandish. Cape Canaveral Volunteer Fire Department - Florida Administrative Code 69A- 60.008 Notice Required for Structures with Light -frame Truss -type Construction Cape Canaveral Volunteer Fire Department Chief Dave Sargeant presented the Florida Administrative Code 69A-60.008 Notice Required for Structures with Light -frame Truss - type Construction and explained the department's intention to mail out letters to notify property owners about the requirements and to work with everybody for placement of the decals. Discussion ensued and included how this is a safety requirement for responders; how this is an unfunded mandate of the state; and the consequences of non-compliance. Council thanked Chief Sargeant for the information. REPORTS - Acting City Manager Acting City Manager Angela Apperson distributed the agenda packet for the Strategic Plan Workshop scheduled for April 13, 2010 at 5:30 p.m. Council Member Shannon Roberts thanked Ms. Apperson for her leadership with the City's executive team. Sheriffs Department Commander Alan Moros requested permission to contact the Florida Department of Transportation (FDOT) to install a sign on State Road A1A in either direction, in an effort to keep drivers from passing school buses on AIA. Council consensus was reached to have the Acting City Manager draft a letter to the FDOT. Commander Moros reported the status of the Art of Sand event and stated his office should be able to take another officer off this detail. Commander Moros announced Sergeant Joanna Siegel and Lieutenant Mike DeMorat will be leaving the precinct soon. The Council expressed thanks for their service to the City. Sergeant Siegel stated the Neighborhood Watch programs are building up throughout the City. Council requested data showing the increase. Fire Department Chief Dave Sargeant reported the Fire Department has not been turned down yet for the grant to build a new fire station and stated a new grant cycle is coming back around again for this year. He gave Ms. Apperson a copy of an e-mail he received pertaining to this. Chief Sargeant stated his department was able to reduce 8 man hours from the Art of Sand event this past weekend and may be able to cut more hours in the future. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2010 Page 3 of 7 Community Development Department — Building Official Building Official Todd Morley stated the microwave towers would be completed within the next few days. Mr. Morley updated Council on the status of the Azteca restaurant property reporting the demolition issue would be brought back at the next City Council meeting for consideration. Mr. Morley responded to Council inquiry regarding electronic signs for special events at the City entrances. Discussion ensued and included event messages staying up on the signs longer than intended; funding, budgeting and cost analysis to purchase electronic signs. Council reached consensus to task the Acting City Manager with researching alternative funding sources and determining the costibalance of modernized versions of electronic signs. Recreation Department Parks and Recreation Director Robert Lefever reminded the Council of upcoming events and informing the County owned electronic sign at north end of the City will be removed the next day. Mr. Lefever reported the Friday Fest Family Street Party held April 2, 2010 was a success with almost double the attendance over the first night the event was held in February. Discussion ensued and included a strategically placed walkway for handicapped individuals to access the event. Mr. Lefever recognized Mr. Bandish, Fire Chief Dave Sargeant, Assistant Fire Chief John Cunningham, Mr. Morley, Commander Alan Moros and Canaveral Precinct Deputies for their help behind the scenes with the City's many events, including this year's successful Easter Egg Hunt. Public Works Department Public Works Director Walter Bandish stated the ASR (Aquifer Storage Recovery) wells are still being tested. Discussion ensued and included the need for Port Canaveral Representatives to make a presentation to Council and how they initially declined an earlier invitation extended by the Public Works. Director; extending invitation to the Cocoa Utilities Coordinator and the City of Rockledge advisory board on this issue to make presentations at a future meeting; the City of Cocoa's resolution of support; and the need to be proactive rather than reactive to make sure people realize this is a benefit to them. Council reached consensus to encourage Port Canaveral to make a presentation to the Council on this issue at a future City Council Meeting. Mr. Bandish responded to Council regarding Bus Shelters, stating SCAT (Space Coast Area Transit) has not completed the purchase order yet. He stated his department has been in communication with SCAT and the issue is at a standstill. Council reached consensus to have Mayor Randels follow up with SCAT since he is a member of the program's board. Discussion ensued regarding the solar lighting for the City Sign and flag not working at the south entrance of the City on Highway AIA. Council requested a specific solution to the south entrance light at the next City Council Meeting. Discussion ensued regarding the repaving of George King Boulevard in Port Canaveral and the need for repaving of Washington and Church Streets in the City. Community Development Department — Planning and Development Director Planning and Development Director Barry Brown reported John Porter, owner of the Azteca restaurant property, submitted an application requesting the City amend its City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2010 Page 4of7 zoning code to allow for commercial parking in the Cl zoning district. He stated this will be taken to the Planning and Zoning Board in the near future for consideration. Discussion ensued and included how the current code addresses the issue and how the cities of Cocoa Beach, Melbourne and Malabar allow for commercial parking. Business and Cultural Development Board Chairperson Joanne Muncey responded to Council inquiry regarding the Art of Sand Festival and stated the coordinators of the event would be providing data to the City. AUDIENCE TO BE HEARD: Leo Nicholas, resident, encouraged the City to go forward with obtaining electronic signs for the City. Discussion ensued and included how the issue had been discussed in prior years, putting the signs at City Hall, Recreation Community Center, and the Community Development Department and at the north entrance of the City; using grants for funding and how the signs would fit in the Visioning project for the City. Joyce Hamilton, resident, gave recognition to the recently installed left hand turn signal at the intersection of Central Boulevard and Highway Al A. CONSENT AGENDA: Approve Regular City Council Meeting Minutes of 02-16-2010. 2. Ratification of Proclamation to the Organizers and Artists of the Art of Sand Event, approved at the March 16, 2010 City Council Meeting. 3. Approve Interlocal Agreement between the City of Cape Canaveral and the Board of County Commissioners of Brevard County Regarding Disaster Debris Removal. 4. Approve Resolution No. 2010-06; Relating to Emergency Relief Procedures and Reimbursement for Natural Disasters by the Federal Emergency Management Administration ("FEMA"); Making Findings; Providing for Expedited FEMA Reimbursements and Audits. 5. Approve Letters requesting support for the Kennedy Space Center 2011 Budget. Ms. Roberts requested Item number five to be removed from the agenda for discussion. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Item Nos. 9 through 4. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2010 Page 5 of 7 Item No. 5 — Discussion ensued and included modifying the letters regarding funding of Kennedy Space Center (KSC) and the workforce of KSC. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Item No. 5, with the suggested modifications. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearing: 6. Motion to Adopt: Ordinance No. 05-2010, Amending Chapter 110, Zoning, of the Code of Ordinances; Providing a Definition of "Child Care Facility"; Providing that Child Care Facilities May Be Permitted By Special Exception in the R-2 Medium Density Residential District Subject to Certain Conditions; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date. Attorney Garganese read the title of the ordinance. Discussion ensued and included "adult day care" being excluded from the ordinance; the applicant, Palms East Apartments, intention to primarily serve the complex residents; the Planning and Zoning Board's recommendations; and state statutes regarding child day care facilities. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to approve Ordinance No. 05-2010, at first hearing. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 7. Update and Take Any Necessary Action on Citizen Request to Repair Deteriorated Trusses and Roof at Neighboring Quad-plex Unit, Address 8740 Croton Court, Ocean Woods subdivision. Mr. Morley reported Neighborhood Stabilization Program (NSP) grant funds are intended to benefit certain qualified property owners in low to moderate income ranges. He stated Mr. Brown spoke with Mr. Ian Golden who overseas the NSP in Brevard County. Discussion ensued and included how criteria for funding is defined by HUD (Housing and Urban Development); possible legal movement of the property owner's attorney. Attorney Garganese advised the Council that once the property owner's attorney takes action, the City must step back from further involvement. Council reached consensus to remove the item from the next City Council Meeting agenda and include an update in Staff Reports. 8. Proposed Revisions to the Employee Handbook and Implementation of a Supervisor's Guidebook. City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2010 Page 6of7 Ms. Apperson summarized the purpose of this discussion item and specifically pointing out the recommendations of Jacklin C. Fisher, SPHR. Discussion ensued and included previous City Manager's suggestion to have a workshop regarding this issue; the current policies and procedures possibly leaving the City vulnerable; gaining input from incoming city manager; fee for writing a new policy; possibly gathering comments from Council, creating a document in final form and presenting to incoming city manager to bring to Council for adoption or having the incoming city manager create; consulting with other cities. Council reached consensus to forward concerns to the Acting City Manager, have the City Department Heads review, send to other cities to review and then give to the New City Manager to review and bring back to the Council for adoption. More discussion ensued and included having an outside human resources firm, Innovation Concepts, make a presentation to the Council for outsourcing of Human Resource services to the City. Council reached consensus to schedule a presentation once the new City Manager is in place. 9. City Employee Retirement/Departure Celebrations for their Service to the City. Discussion ensued and included celebrating and thanking employees as they leave the City; establishing guidelines depending on how many years someone has served the City; funding; expenditures not budgeted for the current fiscal year; upcoming retirement plans for Public Works employees, Mr. Melton Taylor and Mr. Larry McCormack. Council consensus was reached to invite Mr. Taylor and Mr. McCormack to an upcoming City Council meeting to accept plaques from the City recognizing them for their service to the City; inform the City Council when an employee is leaving and for the Acting City Manager to come back the Council with recommendations for a standard policy. More discussion took place regarding the previous City Manager who, per Ms. Apperson, is not yet available to come back to accept recognition for his service to the City. Ms. Apperson encouraged Council to forward wording for a plaque as well. REPORTS: 9:30 p.m. — 90:00 p.m. 10. Council. Mayor Pro Tem Petsos Mayor Pro Tem Petsos inquired about the sewer rate study and parking meter report. Ms. Apperson stated City Treasurer Andrea Bowers is out of the office this week and not sure she will be bringing the items to the next City Council meeting in April or to the first meeting in May. Mr. Apperson indicated Ms. Bowers is very close to presenting the parking meter report. Council Member Roberts Ms. Roberts requested an update on resort rentals. Mr. Morley stated he would email a report to Council in the morning and informed that Mr. Michael Richert, Building City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2010 Page 7 of 7 Inspector, has a series of photographs and is keeping log on the issue; and he is awaiting a finalized report from the City's expert. Ms. Roberts inquired whether the Council desired working with the Cocoa Beach Area Chamber of Commerce to bring the "Wed nesday/Friendsday" event back to the City. Discussion ensued and included how the Business and Cultural Development Board (B&CDB) did not support having the event this year; losing the support of the Radisson Resort at the Port; costs to the City to have the event and how the Chamber is not interested in sharing costs and not interested in making the transition to having the event on another day. Ms. Roberts suggested posting photographs of events in the City on the City website; mentioned the 1513 Celebration in Melbourne Beach, which documents the path of Ponce De Leon; pointed out the importance of planning forward for displaced KSC workers. Ms. Roberts brought up the promotion and branding of the City. Discussion ensued and included the package that the B&CDB is currently working on; the current limited economic development capabilities of the Community Development Department staff and challenges of the Planning and Development Director to handle both being the point of contact for Economic Development and handling the planning needs for the City at the same time; asking the City of Cocoa Beach for funding and inquiring how the City is being promoted for their events. Council Member Walsh Ms. Walsh inquired if the Space Coast League of Cities dinner, being hosted by the City, was still on and Ms. Apperson responded yes. Ms. Walsh inquired about the State of the Port report. Ms. Roberts shared Port Commissioner McLouth mentioned exploration of dockside gambling and casinos at the last Port Canaveral Commission meeting. Mayor Rocky Randels Mayor Randels inquired about the Canaveral Precinct renovations bid. Ms. Apperson explained she and Commander Alan Moros are still developing bid docs and specs, the plans are being printed out of house and once it is finished the bid will be scheduled for an upcoming City Council meeting for approval. Discussion ensued regarding the temporary office space for the precinct. Mayor Randels announced Cape Canaveral Library Director Isabel Escapa will be retiring this year and reported there will be changes in library operations, the SCAT bus program, and the Brevard County Animal Control Services to the City. There being no further business, the Meeting adjourned at 9:56 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/20/2010 Item No. 2. - Subject: Award Bid No. 2010-03, Renovation of the Canaveral Precinct, to Trade Wind Builders in the amount of $142,000.00 and authorize the City Manager to execute the contract for same; waive the Building Permit Fees; approve $83,350.00 for materials, which includes the window option, to be purchased by the City and contingency; approve the lease agreement for temporary office space at 110 Palk Ave., Units 1, 6 & 7 and authorize the City Manager to execute the contract for same, with rent and utilities being estimated at $13,575.00. Approve transfer from reserve in the amount of $238,950.00. Department: Brevard County Sheriff's Office — Canaveral Precinct Summary: As a brief history, 1 offer the following: In September 2009, 1 met with the Cape Canaveral City Manager to discuss the possibility of renovating the Cape Canaveral Precinct. The renovation was requested for a number of reasons including but not limited to morale, overall professionalism, health and better use of limited space. Spatial assessments conducted by the City suggested our facilities be at 12,000 square feet, however in light of the current budget restraints it would be improper to request such a project. After review of our needs I came to the conclusion we could remodel our current facility, which is 5,000 square feet, in such a way to make use of every available square foot. Based on the preliminary figures, I felt this project could be completed for around $45.00 per square foot. Based on our current manpower allotment, staff and I developed a plan I feel adequately suits our needs and will continue to do so for the next decade. Over the next two months a floor plan was completed. The plan allows for offices for each supervisor. Patrol sergeants will share their office with their assigned corporal. The offices are situated around a large room that serves a number of purposes. The room serves as a daily briefing room, but also serves as a training area. This training room will be the site of occasional trainings sponsored by the Sheriff's Office, which equates to more marked units driving into the City and creating more law enforcement presence. Lastly, this room will be used as sleeping quarters before, during and after a hurricane. Emphasis was placed on "going green" by adding state of the art insulation, a tankless water heater, high efficiency HVAC systems, energy efficient fluorescent lighting and efficient, impact rated tinted glass. With the proposed renovations, I expect energy savings of 20% monthly. On December 01, 2009, 1 proposed to City Council a total renovation of the Cape Canaveral Precinct. I was given approval to move forward with a tentative budget of $200,000 and to include the cost of new windows as on option. Subject: Cape Canaveral Precinct Renovation - Continued During the next several months, the plans were completed in detail along with the building specifications. A plan was set in motion to make use of inmate labor for demolition of the interior of the current building, as well as other trades such as painting and flooring installation. As another cost saving measure, I completed what hereafter will be referred to as a "parallel budget." I proposed the parallel budget for the purpose of the City to make the larger purchases such as carpet, plumbing fixtures, etc. This would allow us to purchase the items tax free at prices equal to or in many cases, less than contractor prices. This would also eliminate a contractor's ability to mark-up items. Eventually the project went to bid on May 28, 2010. The bid closed on June 29, 2010 at 2:00 PM and was opened June 29, 2010 at 2:15 PM. This bid review form is included as an attachment. After review of the bids, Trade Wind Builders submitted the lowest bid. With an option of an upgrade to a 15 SEER HVAC unit (additional $2,300.00), the total is $142,000.00. Options for a higher rated SEER unit were offered, but after conferring with Building Official Todd Morley, it was decided the extra cost outweighed the benefits. recommend the window option be executed by the City, under the parallel budget, since received a bid $1,000.00 less than Trade Wind Builders. Also, the bid contains $1,600.00 in permit fees I request to be waived. George "Mack" Mosier, a local builder from Merritt Island, owns Trade Wind Builders. According to his website, he has over 20 years of experience in the construction industry. Trade Wind Builders enjoys an excellent reputation for quality work and customer service in the realm of commercial and residential construction. They offer a five-year warranty on workmanship and pass on manufacturer's warranties on items related to the renovation. Canaveral Precinct Staff was directed to conduct checks through the Department of Business and Professional Regulation (DBPR) and the Better Business Bureau (BBB). DBPR reflected a record of a current General Contractor's License for Mr. Mosier. There were no records of complaints against his license or business filed through the DPBR or the BBB. Criminal History checks revealed nothing. The parallel budget sheet is included as an attachment. An additional $75,950.00 was added to Trade Wind Builders overall cost, which brings the total to $217,950.00. At the suggestion of the City Manager I request a contingency be added to cover any "hidden" issues we may discover after demolition or during reconstruction. With that said, the grand total estimated for the renovation is $238,950.00 or $47.79 per square foot. A lease agreement was prepared by the City Attorney's Office for temporary space located at 110 Polk Ave. This space was chosen for it's close proximity to the precinct. Furthermore, the cost is 30% less than that of a modular building and less of an effort to set up and maintain. In summation, the City is poised to bring the Cape Canaveral Precinct up to the standards expected by those we serve. By approving this renovation the City will move in a direction needed to improve morale and professionalism of the Sheriff's Office, which proudly serves the citizens of Cape Canaveral. Subject: Cape Canaveral Precinct Renovation - Continued Requested Council Action: Award Bid No. 2010-03, Renovation of the Canaveral Precinct, to Trade Wind Builders in the amount of $142,000.00 and authorize the City Manager to execute the contract for same; waive the Building Permit Fees; approve $83,350.00 for materials, which includes the window option, to be purchased by the City and contingency; approve the lease agreement for temporary office space at 110 Polk Ave., Units 1, 6 & 7 and authorize the City Manager to execute the contract for same, with rent and utilities being estimated at $13,575.00. Approve transfer from reserve in the amount of $238,950.00. Financial Impact: Currently there are sufficient funds in reserve to accommodate this project. A summary sheet, which outlines all proposed costs, is attached. Attachments: 1. Bid Review 2. Parallel Budget Sheet 3. Office Lease between N. Patricia Harris, as Landlord and City of Cape Canaveral for 110 Polk Ave., Units 1, 6 & 7 4. Transfer From Reserve Submitting Department Head: Commander Alan Moros Date: 07-09-2010 Approved by City Manager: David Greene D ` Date: 711312010 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain V 'u 3 L .D 0. 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PATRICIA HARRIS as Landlord CITY OF CAPE CANAVERAL as Tenant Dated: July , 2010 OFFICE LEASE THIS OFFICE LEASE ("Lease") is made as of the day of July, 2010 ("Date of Lease"), by and between N. PATRICIA HARRIS, an individual, ("Landlord"), and CITY OF CAPE CANAVERAL, a Florida municipal corporation ("Tenant"). I. BASIC LEASE PROVISIONS 1.1 Premises. Units 1, 6, and 7 at 110 Polk Avenue, Cape Canaveral, Florida. 1.2 Building. The building located at 110 Polk Avenue, Cape Canaveral, Florida, and all Common Areas, as more particularly and legally described in Exhibit "A" attached hereto and incorporated herein by this reference. 1.3 Common Area. All areas from time to time designated by Landlord for the general and nonexclusive common use or benefit of Tenant, other tenants of the Building, and Landlord, including, without limitation, roadways, entrances and exits, loading areas, landscaped areas, open areas, park areas, service drives, walkways, atriums, courtyards, concourses, ramps, hallways, stairs, washrooms, lobbies, elevators, common trash areas, vending or mail areas, common pipes, conduits, wires and appurtenant equipment within the Building, maintenance and utility rooms and closets, exterior lighting, exterior utility lines, and Parking Facilities. 1.4 Parking Facilities. All parking areas now or hereafter designated by Landlord for use by tenants of the Building and/or their guests and invitees. 1.5 Permitted Use. Tenant may use the Premises, subject to and in accordance with the terms, covenants and conditions set forth in this Lease, and applicable governmental regulations, restrictions and permitting (without the necessity of obtaining any zoning changes, conditional use permits or other special permits), for the municipal sheriff s office purposes and uses incidental thereto. 1.6 Commencement Date. The commencement date shall be August 1, 2010. 1.7 Expiration Date. The day that is 6 months after the Commencement Date, provided, however, that if said date is not the last day of a calendar month, then the Expiration Date shall be the last day of the calendar month in which such date occurs. 1.8 Term. Approximately six months, beginning on the Commencement Date and expiring on the Expiration Date. 1.9 Rent. Tenant shall pay Landlord Four -Hundred and Twenty -Five dollars for each of the three rented units. The total monthly rent payment for the Premises is $1,275.00. Rent shall be paid on the first day of each calendar month. In the event that either party terminates the Lease, Landlord shall reimburse Tenant the prorated amount of any rent prepaid during the month the Iease was terminated. All rent payments shall be made payable to Landlord. 1.10 Late Charges. Rent is due and payable on the First (151) day of the month. For all payments not received on or before the First (151) day of the month, a late charge of $25.00 PLUS $10.00 a day until payment is received, shall be assessed Tenant. 1.11 Bad Check Servicing Charge. In the event Tenant's check to Landlord is returned unpaid for any reason, Tenant agrees to pay an additional rental sum equal to five percent (5%) of the monthly base rent with respect to the month the check was issued. If, for any reason a check is returned or dishonored, all future lease payments will be cashier's check or money order. 1.12 Keys. Tenant shall receive keys to the Premises upon payment of the first month's rent. 1.13 Landlord's Notice Address. 1.14 Tenant's Notice Address. N. Patricia Harris P.O. Box 320886 Cocoa Beach, Florida 32932 City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 1.15 Agents. Officers, city council members, partners, directors, members, managers, employees, agents, licensees, contractors, customers and invitees; to the extent customers and invitees are under the principal's control or direction. 1.16 Termination by Tenant. Landlord and Tenant acknowledge and agree that this Lease is intended to be short term for purposes of allowing the City to temporarily relocate the municipal sheriff's department while the municipal sheriff department's permanent location undergoes renovations. In furtherance of this intent, Landlord and Tenant agree that the initial term of this Lease is intended to be six months. However, in the event the City is able to complete the renovations of the permanent location earlier than expected, the City may terminate this Lease by providing Landlord with at least five (5) days written notice, and any rent paid in advance shall be prorated pursuant to paragraph 1.9 of the Lease. In addition, in the event the City determines that aforesaid renovations will take longer than six months, the City shall have the right to exercise month to month extensions to the Lease by providing the Landlord with at least five (5) days written notice, provided, however, the cumulative term of the Iease does not exceed one year. Thereafter, any other renewals of the Lease shall be by mutual agreement in accordance with Article XIX. II. PREMISES 2.1 Lease of Premises. In consideration of the agreements contained herein, Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Term and upon the terms and conditions set forth in this Lease. As an appurtenance to the Premises, Tenant shall have the general and nonexclusive right, together with Landlord and the other tenants of the Building, to use the Common Area subject to the terms and conditions of this Lease. 2.2 Landlord's Reservations. Provided Tenant's use of and access to the Premises is not materially adversely affected, Landlord reserves the right from time to time to: (i) install, use, maintain, repair, replace and relocate pipes, ducts, conduits, wires and appurtenant meters and equipment above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building and (ii) use or close temporarily the Common Areas, and/or other portions of the Building while engaged in making improvements, repairs or alterations to the Building or any portion thereof. III. TERM 3.1 Commencement Date. The Term shall commence on the Commencement Date and expire at midnight on the Expiration Date. 3.2 Early Possession Before the Commencement Date, Tenant may take possession of the Premises for the sole purpose of installing furniture, equipment or other personal property with the prior approval of Landlord, which shall not be unreasonably withheld or delayed. Such possession shall be subject to the terms and conditions of this Lease. IV. RENT 4.I Basic Rent. Tenant shall pay rent as provided in Section 1.9. 4.2 Operating Expense Rental and Real Estate Tax Rental. Tenant shall not be responsible for any Operating Expenses, Real Estate Taxes, or any other expense or fee incurred by Landlord. As used herein, the term "Operating Expenses" shall mean any and all expenses, costs and disbursements which Landlord incurs because of or in connection with the maintenance, management and operation of the Building. Real Estate Taxes shall be defined as (i) all real property taxes and assessments levied by any public authority against the Building; (ii) all personal property taxes levied by any public authority on personal property of Landlord used in the management, operation, maintenance and repair of the Building, (iii) all taxes, assessments and reassessments of every kind and nature whatsoever levied or assessed in Iieu of or in substitution for existing or additional real or personal property taxes and assessments on the Building, or (iv) amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits or any other purposes which are assessed, levied, confirmed, imposed or become a lien upon the Premises or Building or become payable during the Term.. 4.3 Sales or Excise Taxes. Tenant shall occupy the Premises for the municipal purposes stated herein. As such, the Lease shall be exempt from any and all sales, rent or excise taxes. V. PARKING During the Term, Tenant shall have the right in common with other tenants in the Building to use the Parking Facilities (as defined in Section 1.4). VI. USE AND REQUIREMENTS OF LAW 6.1 Use. The Premises will be used only for the Permitted Use. Tenant and Tenant's Agents will not: (i) do or permit to be done in or about the Premises, nor bring to, keep or permit to be brought or kept in the Premises, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or govern- mental rule or regulation which is now in force or which may be enacted or promulgated after the Date of Lease; (ii) do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants of the Building; (iii) do or permit anything to be done in or about the Premises which is dangerous to persons or property; or (iv) cause, maintain or permit any nuisance in, on or about the Premises or commit or allow to be committed any waste in, on or about the Premises. At its sole cost and expense, Tenant will promptly comply with: (a) all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or in force after the Commencement Date of the Lease regarding the operation of Tenant's sheriffs office and the use, condition, configuration and occupancy of the Premises; (b) the certificate of occupancy issued for the Building and the Premises; and (c) any recorded covenants, conditions and restrictions, if any, which affect the use, condition, configuration and occupancy of the Premises. 6_2 Hazardous Materials. Tenant shall not bring or allow any of Tenant's Agents to bring on the Premises or the Building, any asbestos, petroleum or petroleum products, used oil, explosives, toxic materials or substances defined as hazardous wastes, hazardous materials or hazardous substances under any federal, state or local law or regulation ("Hazardous Materials"), except for routine office and janitorial supplies used on the Premises and stored in the usual and customary manner and quantities, and in compliance with all applicable environmental laws and regulations. In the event of any release of Hazardous Materials on, from, under or about the Premises or the Building as the result of Tenant's occupancy of the Premises, Landlord shall have the right, but not the obligation, to cause Tenant, at Tenant's sole cost and expense, to clean up, remove, remediate and repair any soil or groundwater contamination or other damage or contamination in conformance with the requirements of applicable Iaw. Landlord shall have the right from time to time, but not the obligation, to enter upon the Premises to conduct such inspections and undertake such sampling and testing activities as Landlord deems necessary or desirable to determine whether Tenant is in compliance with this provision. 6.3 ADA Compliance. Notwithstanding any other statement in this Lease, the following provisions shall govern the parties' compliance with the Americans With Disabilities Act of 1990, as amended from time to time, Public Law 101-336; 42 U.S.C. §§12101, et seq. (the foregoing, together with any similar state statute governing access for the disabled or handicapped collectively referred to as the "ADA"): (a) To the extent governmentally required as of the Commencement Date of this Lease, Landlord shall be responsible for the cost of compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Building. To the extent governmentally required subsequent to the Commencement Date of this Lease as a result of an amendment to Title III of the ADA or any regulation thereunder enacted subsequent to the Commencement Date of this Lease, Landlord shall be responsible for compliance with Title III of the ADA with respect to any repairs, replacements or alterations to the Building. (b) To the extent governmentally required as of the Commencement Date of this Lease, Tenant shall be responsible for the cost of compliance with Title III of the ADA with respect to any Tenant improvements or Tenant's occupancy of the Premises that do not require repairs, replacements, or alterations to the Building. VII. ASSIGNMENT AND SUBLETTING This Lease shall not be assigned. VIII. MAINTENANCE AND REPAIR 8.1 Landlord's Obligation,. Landlord will maintain, repair and restore in reasonably good order and condition, consistent in Landlord's business judgment with the quality and service standards for a comparable office building in Brevard County, Florida, (i) the Common Area; (ii) the mechanical, plumbing, electrical and HVAC equipment serving the Building; (iii) the structure of the Building (including roof, exterior walls and foundation); (iv) exterior windows of the Building; and (v) Building standard lighting. 8.2 Tenant's Obligation. Subject to Landlord's express obligations set forth in Section 8.1, Tenant, at its expense, shall maintain the Premises in good condition and repair, reasonable wear and tear and casualty governed by the provisions of Article XIII excepted. Tenant's obligation shall include without limitation the obligation to maintain and repair all (i) interior walls; (ii) floor coverings; (iii) ceilings; (iv) doors; (v) entrances to the Premises; (vi) supplemental HVAC systems within the Premises; and (vii) any private restrooms and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively. Tenant will promptly advise Landlord of any damage to the Premises. All damage or injury to the Premises (excluding Tenant's equipment, personal property and trade fixtures) may be repaired, restored or replaced by Landlord, at the expense of Tenant, and such expense will be collectible as Additional Rent and will be paid by Tenant upon demand. If Tenant fails to make any repairs to the Premises for more than 30 days after notice from Landlord (although notice shall not be required in the event of an emergency), Landlord may, at its option, cause all required maintenance or repairs, restorations or replacements to be made and Tenant shall pay Landlord pursuant to this Section 8.2. IX. RIGHT OF ENTRY Tenant shall permit Landlord or its Agents to enter the Premises without charge therefor to Landlord and without diminution of Rent or claim of constructive eviction: (i) to clean, inspect and protect the Premises and the Building; and (ii) to make such alterations and repairs to the Premises or any portion of the Building, including other tenants' premises, which Landlord determines to be reasonably necessary. Landlord will endeavor to minimize any interference with Tenant's business and shall provide Tenant with prior notice of entry into the Premises, except with respect to the provision of janitorial services after Normal Business Hours or in the event of an apparent emergency condition arising within or affecting the Premises that endangers or threatens to endanger property or the safety of individuals. X. INSURANCE 10.1 Landlord's Insurance. At all times during the Term, Landlord will carry and maintain: (a) Fire and extended coverage insurance covering the Building, its equipment and common area furnishings, and leasehoId improvements in the Premises by the Landlord in an amount of not less than the full replacement costs of all such items; (b) Bodily injury and property damage insurance; and (c) Such other insurance as Landlord reasonably determines from time to time. The insurance coverages and amounts in this Section 10.1 will be determined by Landlord in an exercise of its reasonable discretion. 10.2 Tenant's Insurance. On or before the Commencement Date, and continuing throughout the Term, Tenant will carry and maintain, at Tenant's expense, the following insurance, in the minimum amounts specified below or such other amounts as Landlord may from time to time reasonably request: (a) Commercial general liability insurance, with a combined single occurrence limit and aggregate of not less than $1,000,000; (b) All risk property covering all of Tenant's furniture and fixtures, machinery, equipment, stock and any other personal property owned and used in Tenant's business and found in, on or about the Building, in an amount not less than the full replacement cost; (c ) Worker's compensation insurance insuring against and satisfying Tenant's obligations and liabilities under the worker's compensation laws of the state of Florida; and (d) If Tenant operates owned, hired, or nonowned vehicles on the Building, comprehensive automobile liability will be carried at a limit of liability not less than $1,000,000 combined bodily injury and property damage. XI. LANDLORD SERVICES AND UTILITIES 11.1 Ordinary Services to the Premises. Landlord shall furnish to the Premises throughout the Term so long as the Premises are occupied: (i) heating, ventilation, and air conditioning ("HVAC") appropriate for the Permitted Use; (ii) reasonable use of all existing basic Building telephone and network cabling; (iii) hot and cold water from points of supply; (iv) restrooms; and (v) proper facilities to furnish sufficient electrical power for Building standard lighting, facsimile machines, personal computers, printers, copiers and other customary business equipment, but not including electricity and air conditioning units required for equipment of Tenant that is in excess of Building standard. The cost of all services provided by Landlord hereunder shall be included within Operating Expenses, unless charged directly (and not as a part of Operating Expenses) to Tenant or another tenant of the Building. 11.2 Additional Services. Although the parties intend this to be a full service lease which incorporates all ordinary utilities, fees, and rent, should Tenant desire any additional services beyond those described in Section 11.1, or a rendition of any of such services outside the normal times for providing such service, Landlord may (at Landlord's option), upon reasonable advance notice from Tenant to Landlord, furnish such services, and Tenant agrees to pay Landlord upon demand Landlord's additional expenses resulting therefrom. 11.3 Interruption of Utilities or Services. Landlord reserves the right temporarily to discontinue the services set forth in the foregoing paragraph 11.1 and 11.2, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvement, strikes, lockouts, riots, acts of God, governmental preemption in connection with a national or local emergency, any rule, order or regulation of any governmental agency, conditions of supply and demand which make any product unavailable, Landlord's compliance with any mandatory or voluntary governmental energy conservation or environmental protection program, or any other happening beyond the control of Landlord. In the event of any failure to furnish, or any stoppage of, the following specified services for a period in excess of five (5) consecutive business days, and if. (a) such interruption is restricted to the Building and is not a neighborhood blackout; and (b) such failure to furnish or stoppage is caused by the negligence or willful misconduct of Landlord or by the failure of Landlord to continence and diligently pursue repairs for which Landlord is responsible under this Lease then Tenant shall be entitled to terminate the Lease.. 11.4 Utility Charges. All telephone and other utility service used by Tenant in the Premises shall be paid for directly by Tenant. Any unpaid charges shall be included as Additional Rent. XII. LIABILITY OF LANDLORD AND TENANT 12.1 Indemnification. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Tenant will neither hold nor attempt to hold Landlord liable for, and Tenant will indemnify, hold harmless and defend Landlord from and against, any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorneys' fees) incurred in connection with or arising from (i) the use or occupancy or manner of use or occupancy of the Premises by Tenant; (ii) any activity, work or thing done, permitted or suffered by Tenant in or about the Premises or the Building; (iii) any acts, omissions or negligence of Tenant ; (iv) any breach, violation or nonperformance by Tenant of any term, covenant or provision of this Lease or any law, ordinance or governmental requirement of any kind; and (v) any injury or damage to the person, property or business of Tenant. Except to the extent caused by the gross negligence or willful misconduct of Tenant, Landlord will neither hold nor attempt to hold Tenant liable for, and Landlord will indemnify, hold harmless and defend (with counsel reasonably acceptable to Tenant) Tenant, from and against, any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorneys' fees) incurred in connection with or arising from the management of, or any work done in or about, the Building by Landlord or its property manager. 12.2 Survival, The covenants, agreements and indemnification obligations under this Article XII will survive the expiration or earlier termination of this Lease. The covenants, agreements and indemnification obligations are not intended to and will not relieve any insurance carrier of its obligations under policies required to be carried by any party pursuant to the provisions of this Lease. XIII. DAMAGE; CONDEMNATION 13.1 Damage to the Premises If the Premises or the Building are damaged by fire or other insured cause to such an extent that, in Landlord's or Tenant's reasonable judgment, the damage cannot be substantially repaired within 60 days after the date of such damage, or if the Premises are substantially damaged during the Term, then: (i) Landlord may terminate this Lease as of the date of such damage by written notice to Tenant; or (ii) Tenant may terminate this Lease as of the date of such damage by written notice to Landlord. Payment of Rent shall be suspended until the premises have been rendered fit for occupancy, except that if the Lease is terminated pursuant to this Section 13. 1, all obligations to pay future Rent are null and void. 13.2 Condemnation. Upon condemnation of the Building by a governmental agency, this Lease shall terminate upon the title of the property vesting in the governmental agency. Tenant shall have no claim against Landlord (or otherwise) as a result of such taking, and Tenant hereby agrees to make no claim against the condemning authority for any portion of the amount that may be awarded as compensation or damages as a result of such taking; provided, however, that Tenant may, to the extent allowed by law, claim an award for moving expenses and for the taking of any of Tenant's property (other than its leasehold interest in the Premises) which does not, under the terms of this Lease, become the property of Landlord at the termination hereof, as long as such claim is separate and distinct from any claim of Landlord and does not diminish Landlord's award. Tenant hereby assigns to Landlord any right and interest it may have in any award for its leasehold interest in the Premises. This paragraph shall not apply if the condemning government agency is the City of Cape Canaveral. XIV. DEFAULT OF TENANT 14.1 Events of Default. Each of the following shall constitute an Event of Default: (i) Tenant fails to observe or perform any other term, condition or covenant herein binding upon or obligating Tenant within 10 days after written notice from Landlord; provided, however, that if Landlord reasonably determines that such failure cannot be cured within said 10 -day period, then Landlord may in its reasonable discretion extend the period to cure the default for up to an additional 20 days provided Tenant has commenced to cure the default within the 10 -day period and diligently pursues such cure to completion (notwithstanding the foregoing, if Landlord provides Tenant with notice of Tenant's failure to observe or perform any term, condition or covenant under this Subsection W on 2 or more occasions during any 6 month period, then Tenant's subsequent violation shall, at Landlord's option, be deemed an Event of Default immediately upon the occurrence of such failure, regardless of whether Landlord provides Tenant notice, or Tenant has commenced the cure of the same); (ii) Tenant fails to take occupancy of the Premises within 90 days after the Commencement Date; (iii) Tenant fails to immediately remedy or discontinue any hazardous conditions which Tenant has created or permitted in violation of law or of this Lease. Any notice periods provided for under this Section 14.1 shall run concurrently with any statutory notice periods and any notice given hereunder may be given simultaneously with or incorporated into any such statutory notice. 14.2 Landlord's Remedies. Upon the occurrence of an Event of Default, Landlord, at its option, without further notice or demand to Tenant, may, in addition to all other rights and remedies provided in this Lease, at law or in equity, elect to terminate this Lease, and retake possession of the Premises. XV. MORTGAGES This Lease is subject and subordinate to all ground or underlying leases and to any present or future mortgage, deed of trust, security interest, or title retention interest affecting the Building (the "Mortgage") and to all renewals, modifications, consolidations, replacements and extensions thereof. This subordination shall be self - operative; however, in confirmation thereof, Tenant shall, within 10 days of receipt thereof, execute any instrument that Landlord or any holder of any note or obligation secured by a Mortgage (the "Mortgagee") may request confirming such subordination. Notwithstanding the foregoing, before any foreclosure sale under a Mortgage, the Mortgagee shall have the right to subordinate the Mortgage to this Lease, and, in the event of a foreclosure, this Lease may continue in full force and effect and Tenant shall attorn to and recognize as its landlord the purchaser of Landlord's interest under this Lease. Tenant shall, upon the request of a Mortgagee or purchaser at foreclosure, execute, acknowledge and deliver any instrument that has for its purpose and effect the subordination of the lien of any Mortgage to this Lease or Tenant's attornment to such Purchaser. XVI. SURRENDER Tenant shall peaceably surrender the Premises to Landlord on the Expiration Date or earlier termination of this Lease, in as good condition as when Tenant took possession, including, without limitation, the repair of any damage to the Premises caused by the removal of any of Tenant's personal property or trade fixtures from the Premises, except for reasonable wear and tear and loss by fire or other casualty (as provided for in Article XIII. All trade fixtures, equipment, furniture, inventory, effects and alterations left on or in the Premises or the Building after the Expiration Date or earlier termination of this Lease will be deemed conclusively to have been abandoned and may be appropriated, removed, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant or any other person and without obligation to account for them; and Tenant will pay Landlord for all expenses incurred in connection with the same, including, but not limited to, the costs of repairing any damage to the Premises or the Building caused by the removal of such property. Tenant's obligation to observe and perform this covenant will survive the expiration or other termination of this Lease. XVII. QUIET ENJOYMENT Landlord covenants that if Tenant performs all of the terms and conditions of this Lease to be performed by Tenant, Tenant shall during the Term peaceably and quietly occupy and enjoy possession of the Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord, subject to the provisions of this Lease, any restrictions and any Mortgage to which this Lease is subordinate. XVIII. MISCELLANEOUS 18.1 No Partnership. Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between Landlord and Tenant, or to create any other relationship between Landlord and Tenant other than that of landlord and tenant. 18.2 Notices. All notices or other communications hereunder shall be in writing and shall be deemed duly given if addressed and delivered to the respective parties' addresses, as set forth in Article I: (i) in person; (ii) by Federal Express or similar overnight carrier service; or (iii) mailed by certified mail, return receipt requested, postage prepaid, Such notices shall be deemed received upon the earlier of receipt or, if mailed by certified mail, 3 days after such mailing. Landlord and Tenant may from time to time by written notice to the other designate another address for receipt of future notices. 18.3 Invalidity of Particular Provisions. If any provisions of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the full extent permitted by law. 18.4 Gender and Number. All terms and words used in this Lease, regardless of the number or gender in which they are used, shall be deemed to include any other number or gender as the context may require. 18.5 Benefit and Burden. Except as otherwise expressly provided under this Lease, the provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of their respective representatives, heirs, successors and assigns. 18.6 Entire Agreement. This Lease (which includes the Exhibit attached hereto) contains and embodies the entire agreement of the parties hereto, and no representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease shall be of any force or effect. This Lease (other than the Rules and Regulations, which may be changed from time to time as provided herein) may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by Landlord and Tenant. 18.7 Attorneys' Fees. If either Landlord or Tenant commences, engages in, or threatens to commence or engage in any legal action or proceeding against the other party (including, without limitation, litigation or arbitration) arising out of or in connection with the Lease, (including, without limitation (a) the enforcement or interpretation of either party's rights or obligations under this Lease (whether in contract, tort, or both) or (b) the declaration of any rights or obligations under this Lease), each party shall bear their own attorneys' fees, costs, and expenses incurred through all appeals. 18.8 Interpretation. This Lease is governed, interpreted and construed according to the laws of the State of Florida. Any action brought to enforce the terms or litigate the terms of this Lease shall be brought in and for a court for Brevard County, Florida. In the event of any legal action to enforce the terms of this Lease, each party shall pay its own attorneys' fees and costs. 18.4 Force Majeure. Landlord and Tenant shall not be chargeable with, liable for, or responsible to the other for anything or in any amount for any failure to perform or delay caused by: fire; earthquake; explosion; flood; hurricane; the elements; acts of God or the public enemy; actions, restrictions, governmental authorities (permitting or inspection), governmental regulation of the sale of materials or supplies or the transportation thereof; war; invasion; insurrection; rebellion; riots; strikes or lockouts, inability to obtain necessary materials, goods, equipment, services, utilities or Iabor; or any other cause whether similar or dissimilar to the foregoing which is beyond the reasonable control of such party (collectively, "Events of Force Majeure"); and any such failure or delay due to said causes or any of them shall not be deemed to be a breach of or default in the performance of this Lease. 18.10 Headings. Captions and headings are for convenience of reference only. 18.11 Memorandum of Lease. Neither Landlord nor Tenant shall record this Lease nor a memorandum thereof without the written consent of the other. 18.12 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the Tenant's right to sovereign immunity under Section 768.28, or other limitations imposed on the Tenant's potential liability under state or federal law. As such, the Tenant and its employees and officers shall not be Iiable, under this Agreement for punitive damages or interest for the period before judgment. Further, the Tenant shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 18.13 Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Landlord makes no representation to Tenant concerning the presence or absence of radon gas in the Premises or the Building at any time or in any quantity. By executing this Lease, Tenant expressly releases Landlord from any loss, claim, liability, or damage now or hereafter arising from or relating to the presence at any time of such substances in the Premises or the Building. XIX. RENEWAL This Lease may be renewed on the same terms, conditions and provisions as contained in this Lease, or different terms, conditions, and provisions by mutual written agreement of the parties IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the Date of Lease. LANDLORD: N. PATRICIA HARRIS By: Name: Title: Date Executed by Landlord: Witness: Printed Name: Witness: Printed Name: TENANT: CITY OF CAPE CANAVERAL, a Florida municipal corporation By: Name: Title: Date Executed by Tenant: Witness: Printed Name: Witness: Printed Name: EXHIBIT A LEGAL DESCRIPTION OF LAND CAPE CANAV PROF BLDG CONDO AS DESC IN ORB 2292 PG 2699 AND ALL AMENDMENTS THERETO Transfer from Reserve For the renovations to 111 Polk Avenue Trade Wind Builders Parallel Budget Rent of 110 Polk (425/unit x 3 units x 6 mths) Estimated Power (850/mth x 6mths) Estimated water/wastewater (96.11 base + est. Consumption x 4.09/1000 gal x 3 units x 6 mths) Approximate 10% of Total for contingency Total $142,000.00 $62,350.00 $7,650.00 $5,100.00 $850.00 $21,000.00 $238,950.00 47.79 per Sq. Ft City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/20/2010 Item No. r Subject: Approve the selection of James Moore & Co., P.L. as Independent Auditor and authorize execution of the Engagement Letter. Department: Finance Department and Auditor Selection Committee Summary: McGladrey & Pullen, LLP, formerly Bray, Beck & Koetter, has been the audit firm for the City since 1996. Their current contract concluded with the 2008/2009 audit. A RFP was published in the Orlando Sentinel and the Florida Today on May 14, 2010, as well as published on the City's Website. The RFP was published for services for Fiscal Year 2009110 with options for the following 4 years. The Audit Committee, comprised of Andrea Bowers, City Treasurer, Angie Apperson, City Clerk and three volunteers, Burt Bruns, Paul Pritchard and James Murphy met on the 21St of June to rate the 5 proposals received. The scoring matrix was established based on items in the RFP. Weight was assigned by the Committee Members. The highest score possible was 302. Factor "m" represents the charges for services, which were not opened until all other scoring was completed. The recommended firm did have the lowest fee, but this was not the driving factor for the recommendation. The scoring matrix is attached and McGladrey & Pullen, LLP was ranked second overall. On June 28th the Committee met to hear an oral presentation by representatives of James Moore & Co. After the presentation, Committee Members asked questions of the firm. Questions included management vs. financial audit. The thoroughness of James Moore & Co. was completely investigated. The Committee recommends James Moore & Co. be selected as the Independent Auditor. Requested Council Action: Approve the auditor selection and approve the execution of the Engagement Letter. Financial Impact: The cost of the proposed audit for FY 2009110 is $40,000. The costs for the following four years increase 3% per year for the following rates: year 2 $41,200, year 3 $42,436, year 4 $43,709 and year 5 $45,020. Attachments: Final Scoring for Auditor Selection; Engagement L er Submitting Department Head: Andrea Bowers, City Treasurer ate: 7/7/2010 Approved b Cit Manager: David L. Greene 'D`� Date: 711312010 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain FesF_ I� O V L..Z l C, n V' N 7r V'1 N CT 00 00 O N N N N --� U i Fri " J N o 0 0 0 0 0 0 0 o c 0 0 {� 00 :D 'd' 00 O It 00 Cl! o0 \O cV 4 4 4 N M c} G7 O mr N M O o N N N N N N N N N N N N O u U V ga 3 0 0 0 0 00 0 0 0 0 0 0 lU 00 00 lD 00 00 00 00 O 00 d' tiP c V d d tt7 � 0 �7 en M 00 .-+ N DO moi' N O u u co A to V o 00 0 0 0 0 0 0 0 0 0 y N %D 'ITN N C'V N cd O C.i U v In all 00 Ln 00 00 01 O N 00 O u O 'a u h O WMM A 3 � ;a O oo N 0%0 %q o0 N O O 10 10 i x n rn o�D r o. I'D �cr- clq0000 oN •--i O N���� N ,� N� i V cc V Gn � O � ci U N w � 3 o � U d o o a o 0 o0 0 N 0 N 0 0 N 0 o0 0 O 0 N . ie x � en v f Tr Ln v') tr) en ino t d v, � ,U 9 M O [d Q U •'C7 U +moi � w July 8, 2010 City of Cape Canaveral, Florida 105 Polk Avenue Cape Canaveral, FL 32920-0326 We are pleased to confirm our understanding of the services we are to provide the City of Cape Canaveral, Florida (the City) for the year ended September 30, 2010, with the option of auditing for each of the four subsequent fiscal years subject to the mutual consent of the City and James Moore & Co, P.L. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements, of the City of Cape Canaveral, Florida as of and for the year ended September 30, 2010, and option years 2011, 2012, 2013 and 2014. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis 2. Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — General Fund Supplementary information other than RSI also accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with 5931 NW 1' Pluce 2477 Tim Gamble Place, Saute 200 121 Mvclulive Circle Gairtewille, FL 32607-2063 Tallahassee. FL 32308.4386 Da)IOW Htach, FL 3211 •t-1130 Telephone: 352)378.1331 Telephone: 8501386-6184 Telephone; 3861257-4100 Fay 35V372-37•il Fax: 850/422-2074 Fare 3861255-3261 prv@jmco.crnn t1h@jnico.com dandjnico.com .4fenrber ojAGN Inlerrmriana! }riih offices in principal cirics moylAride City of Cape Canaveral, Florida July 8, 2010 Page 2 auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: Combining and Other Individual Fund Statements and Schedules. Audit Objectives The objective of our audit is the expression of opinions as to whether the City's basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. City of Cape Canaveral, Florida July S, 2010 Page 3 Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making aII financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting City of Cape Canaveral, Florida July 8, 2010 Page 4 on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention.We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. City of Cape Canaveral, Florida July 8, 2010 Page 5 Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of James Moore & Co., P.L. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to an oversight agency for audit or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to cant' out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of James Moore & Co., P.L. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. It is the policy of James Moore & Co. P.L. (the Firm), to keep records related to this engagement for seven years after the completion of our services (the "retention period"), as specified by the Firm's Record Retention and Destruction Policy. However, the Firm does not keep any original client provided records. Client provided records will be returned to you at the completion of the engagement. Records prepared by us specifically for you as part of this engagement (for example, financial statements and other financial reports, tax returns, general ledgers, depreciation schedules, etc.) and other supporting records prepared by us (for example, adjusting entries and related support, data combining schedules, calculations supporting amounts in tax returns and financial statements, etc.) will remain part of the engagement records. When any records are returned or provided to you, it is your responsibility to retain and protect them for possible future use, including potential examination by any government or regulatory agencies. At the expiration of the retention period, the related engagement records will be destroyed. However, the related engagement records will not be destroyed regardless of the retention period, if the Firm has knowledge of potential or pending litigation and/or investigation by a regulatory agency, and it has been determined by the Firm that the records in question are relevant to said litigation and/or investigation. If it is determined that the records in question are relevant to the litigation and/or investigation, the Firm will impose a litigation hold on the records thereby suspending the scheduled destruction of the records. As potential or pending litigation or investigation may not be public knowledge, we request that you inform us of any such litigation or investigation in a timely manner. Likewise, as it may not be public knowledge when the litigation or an investigation has been concluded, we request that you inform us when all litigation or investigation has been concluded so that the litigation hold may be lifted and the records related to our engagement destroyed in accordance with our Record Retention and Destruction Policy. Your signature below authorizes us, that upon the expiration of the seven year period, the Firm is free to destroy all records related to this engagement. City of Cape Canaveral, Florida July 8, 2010 Page 6 Bernadette Britz -Parker is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. Our fees for these services, including expenses, will not exceed $40,000 for the year ended September 30, 2010 for the audit of the basic financial statements. As RFP# 2010-04 Request for Proposal Audit Services provides, "The City of Cape Canaveral is requesting proposals form qualified firms of certified public accountants to audit its financial statements for the fiscal year ending September 30, 2010, with the option of auditing its financial statements for each of the four subsequent fiscal years." Our fees for the option years 2011, 2012, 2013 and 20I4, including expenses, will not exceed $41,200, $42,436, $43,709 and $45,020, respectively, for the audit of the basic financial statements. If required, the fees for the Federal Single Audit Act pursuant to OMB Circular A133 or Florida Single Audit Act will be $3,000 (increases by $100 subsequent to September 30, 2010) for each major program/project required to be tested. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Our invoices will be submitted in a manner that will allow us to demonstrate compliance with the terms of our engagement letter. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. The City will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. This engagement letter covers the audit for the year ending September 30, 2010 and option years 2011, 2012, 2013 and 2014. This engagement may be terminated by either party for noncompliance with the terms as noted in this engagement letter. The parties will provide 30 days notice of their intention to terminate the engagement. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2008 peer review accompanies this letter. We appreciate the opportunity to be of service to the City of Cape Canaveral, Florida and believe this Ietter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, JAMES MOORE & CO., P.L. City of Cape Canaveral, Florida July S, 2010 Page 7 RESPONSE: This letter correctly sets forth the understanding of the City Cape Canaveral, Florida. m Title Date City of Cape Canaveral City Council Agenda Form City Council Meeting Date: July 20, 2010 Item No. q Subject: Approve Change Order No. 2 from Brewer Paving & Development, Inc. (Brewer) for the Ridgewood Avenue Improvements Project in the Amount of $52,649.36. Department: Public Works Summary: The City of Cape Canaveral (City) continues to move forward with the Ridgewood Avenue Improvements Project. The contractor (Brewer Paving and Development, Inc.) has requested Change Order No. 2 to the project budget. Change Order No. 1 was previously approved by the City Council and was simply an adjustment to Brewer's original bid (City - requested change of scope). A summary of the project budget is as follows: Table 1 shows a complete budget summary including Change Order No. 2. Tables 2 and 3 show contract additions and credits (costs not charged to the project since tasks were not completed). When added together, the figures in Tables 2 and 3 tie back to the summary in Table 1. The contractor is requesting an additional budget of $52,649.36 for the project. (Note: The actual payment will include a 10% retainage deduction resulting in a payment amount of $47,3 84.42.) However, due to contractor credits ($38,449.85), the net project budget impact from Change Order No. 2 is only $14,199.51. This is the first month of the project when contract additions have exceeded contractor credits. City staff and staff of Stottler Stagg & Associates (SSA) have reviewed Change Order No. 2 and recommend approval. Requested Council Action: Approve Change Order No. 2 from Brewer for the Ridgewood Avenue Improvements Project in the amount of $52,649.36. Financial Impact: Change Order No. 2 increases the project budget to $1,808,990.92. However, there are also $38,449.85 in contractor credits included in Change Order No. 2 which may not be billed to the project. Attachments: Supporting Documents Reviewed 1). Attachment: Budget Tables. Submitting Department Head: Jeff Ratliff Date: 07/10/10 Approved by City Manager: D Date: 7/13/2010 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ 4] Tabled to Time Certain Attachment Budget Tables to 00 1p vi kn Gol� �o M 01 d• �O N 6G9 tn OO ON d• Itt 0o � %0 M VJ �O Op Ot ttn URI �t �4 O 0 O O �n 01 O� 0 O O O O -- &9 o O O tfi 01 O 5 4 y y U i�.+ O O O O O M bg �o Ln N 01 b4 O O M NO O C c Ef3 do kn xn t r -I 00 N .415 00 CC 6 C1 00 O Q O O O O 'Od" Q% 00 00 � o • �I z o N -- cqs 4- 4.' O 1cid m ? z 4 N 9.1 - a U m (D U L O O O O O •• o s+ o U o o 0 U U � .s a� rR U - r .s 'e 4 ICL4U +�"'ami t O r r. m to ,-, .-. OU a coo4-1 to Q3 as o ar CQ O U O U Table 2.. Ridgewood Project Tracking Total Credit $ 17,348.80 Credits To Contract Sailfish Concrete Survey & Layout -1 LS $ 75.00 $ (75.00) MOT -1 LS $ 25.00 $ (25.00) Remove Concrete -67 SY $ 5.00 $ (335.00) Remove Valley Gutter -16 SY $ 5.00 $ (80.00) New Conrete Turnout - 6" -67 1 SY $ 28.00 $ (1,876.00) Subtotal $ (2,391.00) Stabilized Subgrade 12" Stabilized Subgrade -9813 SY $ 4.00 $ (39,252.00) 8" Stabilized Subgrade 9813 SY $ 3.38 $ 33,167.94 Subtotal $ (6,084.06) Sidewalk at East Side of Road Rework Existing 4" Base Course -800 SY $ 3.50 $ (2,800.00) Install 2" Additional Base Rock -800 SY $ 4.50 $ (3,600.00) Subtotal $ (6,400.00) Existing Inlet Replace Inlet Top -1 1 EA $ 975.00 1 $ (975.00) Subtotal $ (975.00) Total Credits To -Date $ (15,850.06) Additions To Contract Additional Work at Driveways Removal of Existing Concrete 96 SY $ 5.00 $ 480.00 6" Concrete for Driveways 96 SY $ 28.00 $ 2,688.00 Subtotal $ 3,168.00 Additional Curb @ Chandler Miami Curb 1 33 LF 1 $ 8.50 1 $ 280.50 Subtotall 1 $ 280.50 Raise Existing Inlet Tops Raise Inlets not shown 1 2 1 EA $ 350.00 1 $ 700.00 Subtotall I $ 700.00 Sidewalk at East Side of Road Grading for New Sidewalk 800 SY $ 2.75 $ 2,200.00 install Fill Dirt for Grading (2" - 4") 800 1 SY $ 4.00 $ 3,200.00 Subtotal $ 5,400.00 Full Depth Base Rock Full Depth Road where Reuse is too Shallow (10" Thick) 400 LF 444 SY $ 13.00 $ 5,772.00 Credit for 6" Base & 8" Stabilized Subgrade -444 SY $ 12.38 $ (5,496.72) Subtotal $ 275.28 Pedway Tie-in @ Sailfish - Was Out of Tolerance Removal of Existing Concrete 20 SY $ 5.00 $ 100.00 8" Stabilized Subgrade 20 SY $ 3.38 $ 67.60 6" Base Course 20 SY $ 9.00 $ 180.00 Asphalt 1.7 TN $ 90.00 $ 153.00 Subtotal 1 1 $ 500.60 530 Adams Ave - Yard Drain Install Yard Drain & Assoicate Piping 1 1 LS $ 750.00 $ 750.00 Subtotal $ 750.00 NW Corner of Madison & Ridgewood Install New Driveway Apron 20 1 SY $ 28.00 $ 560.00 Subtotal $ 560.00 Additional Asphalt @ Canveral Sands Additional Asphalt @ Canveral Sands 1 4 ITNI $ 90.00 $ 360.00 Subtotal $ 360.00 Exfiltration Trench - Plan Change Increase Exfiltration Pipe (20 LF x 17 Separate Systems) - 8" -340 LF $ 45.00 $ (15,300.00) Exfiltration Pipe (20 LF x 17 Separate Systems) -12" 340 LF $ 65.00 $ 22,100.00 Subtotal $ 6,800.00 Additional Sidewalk @ Adams & Ridgewood Needed for Transition Remove Extra Sidewalk - 7'x 4' 3 ISY $ 5.00 $ 15.00 Install Extra Sidewalk - Tx 4' 3 1 5Y $ 23.50 $ 70.50 Subtotal $ 85.50 Additional Yard Drains Install Yard Drains & Piping 1 3 1 EA $ 750.00 1 $ 2,250.00 Subtotall $ 2,250.00 Additional Asphalt @ Flores Del Mar Drive Removal of Existing Driveway 16 1 SY $ 5.00 $ 80.00 8" Stabilized Subgrade 16 SY $ 3.38 $ 54.08 6" Base Course 16 SY $ 9.00 $ 144.00 Asphalt 1.4 TN $ 90.00 $ 126.00 Subtotall $ 404.08 Install New Driveway Aprons Install New Driveway Apron (20 SY @ $28.001 SY) 1 3 1 EA $ 560.00 $ 1,680.00 Subtotal 1 1 $ 1,680.00 Request for Additional Survey Work per SSA Additional Survey Work Needed 1 1 LS $ 6,814.50 $ 6,814.50 Subtotal I $ 6,814.50 Shift Pedway for Light Pole Bases - 4 Locations Additional Base Rock 80 1 SY $ 9.00 $ 720.00 Additional Stabilization 80 SY $ 3.38 $ 270.40 Asphalt at first location 2 TN $ 90.00 $ 180.00 Additional Labor & Equipment for Production Loss 4 EA $ 500.00 $ 2,000.00 Landscape & Irrigation - TBD - Not Sure Cost 1 LS $ - $ - Subtotall $ 3,170.40 Total Additions To -Date $ 33,198.86 Additions Minus 10% Retainage $ 3,319.89 Amount of This Payment' $ 29,878,97 Net Budget Impact $ 17,348.80 Table 3. Ridgewood Avenue - Landscape & Irrigation Credits CREDITS TO CONTRACT ITEM QUANTITY CST. EACH TOTAL 2" CHASE PIPE IN FT. -30 $ 1.35 $ (40.50) 3" CHASE PIPE IN FT. -208 $ 2.00 $ (416.00) 4" CHASE PIPE IN FT. -146 $ 2.20 $ (321.20) 6" CHASE PIPE 1N FT. -55 $ 3.25 $ (178.75) 12" POP UP HEADS -63 $ 24.60 $ (1,549.80) VALVES 1.5" -6 $ 190.00 $ (1,140.00) CONNECTION TO RECLAIMED WATER -1 $ 110.00 $ (110.00) WIRE -1 $ 52.50 $ (52.50) MAIN LINE 2" PIPE -615 $ 1.00 $ (615.00) TRANSPLANTED PALM S -32 $ 110.00 $ (3,520.00) TRANSPLANTED QUEEN PALM -1 $ 290.00 $ (290.00) Total Credits 3-25-10 $ (8,233.75) Credit for Sod Changes - 4-25-10 -1 $ 2,802.62 $ (2,802.62) Credit for Irrigation Not Used In Phase 1 & 2 - 5-25-10 -1 $11,563.42 $(11,563.42) Total Credits 5-25-10 $(11,563.42) Total Credits To -Date $(22,599.79) ADDITIONS TO CONTRACT LABOR AND MATERIALS TO REPAIR AND INSTALL NEW IRRIGATION FROM CHER] DOWN TO CENTRAL, ON RIDGEWOOD; 90% COMPLETE. WHOLE EAST - SIDE ON IRRIGATION WILL BE SODDED WITH FLORATAM ST. AUGUSTINE SOD. 1 $ 5,545.50 $ 5,545.50 Universal Bill 1 $ 400.00 $ 400.00 Total Additions - 3-25-10 $ 5,945.50 Irrigation Repairs for Islands on East Side - 4-25-10 1 $ 525.00 $ 525.00 Grading for Steep Yard Tansitions 1 $ 500.00 $ 500.00 Additional Irrigation for Sands, Medians, Cheri Down to Chandler, to Washingon on West side 1 $ 7,413.00 $ 7,413.00 Total Additions - 5-25-10 $ 7,913.00 Irrigation Cheri Down - Madison - 6-25-10 1 $ 5,067.00 $ 5,067.00 Total Additions To -Date $19,450.50 Additions Minus 10% Retainge $ 1,945.05 'Amount of This Payment" $17,505.45 Net Budget Impact $ (3,149.29) City of Cape Canaveral C1 i ty Council Agenda Forrn M Subject: Transit Shelters/Benches Project — Approve surveying of transit stops along State Road All A to Stottler Stagg & Associates (SSA) in the amount of $6,325.,00 Department: Public Works Summary: The City of Cape Canaveral (City) continues to move forward with the installation of transit shelters/benches/trash cans at 23 locations throughout the City. Eleven (11) of the current transit stops are located along SR A I A; however, the exact location of the rights-of-way at the respective transit stop is unknown. Therefore, since the concrete pads for the transit shelter/ benches will be located at the back of the rights-of-way (i.e., farthest area from the roadway), Public Works staffbelieves it best that the I I transit stops along SR AIA be surveyed by a professional land surveyor. The rights-of-way at the 12 transit stops on City streets are well known surveying will not be required. The surveying work will consist of two site visits at each of the 1.1 transit stops --- one site visit to determine the location of the rights-of-way and one site visit (approximately one to two months later) to survey the location for the concrete pad. The survey will also identify and delineate issues concerning the requirements of the Americans with Disabilities Act (ADA). - . .............................................................. .......... ....... Requested Council Action: Approve bid for surveying of transit stops along SR AIA to SSA in the amount of $6,325.00. Financial Impact: The City will compensate SSA the full amount of tile project costs ($6,325.00). However, upon submittal to the Space Coast Area Transit (SCAT) Authority of contractor invoices and proof of payment by the City, SCAT will reimburse the City 100% of the project costs within three days. Attachments- Supporting Documents Reviewed 1). Attachment #]: SSA Cost Estimate. 2). Attachment #2: Map of Transit Stops Along SR AIA. Submitting Department Head: Jeff Ratliff Date: 07/08/10 Approved by City Manager: Date: "7/14/0 City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain ---------- ----------- -- -- 11 . ... ..... . . . . ...... ..................... .. ...... .... . . . . ... . ..... . Attachment #1 SSA Cost Estimate SSA July 7, 2010 Mr. Jeff Ratliff City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 via email jratliff-cape@clf.rr.com RE: Revised SSA Fee Proposal for Surveying Services for SCAT Bus Stop Improvements. Dear Jeff: Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to present our revised surveying proposal for establishing right of way lines at eleven (11) SCAT Bus Stop locations along State Road A -!-A within the City of Cape Canaveral SSA's specific scope of services will include: SSA SCOPE OF SERVICES Task 1 — Field Work: SSA field crew will locate existing horizontal control within the blocks where the eleven (11) bus stops are located. First the right of way line can be painted, on the ground, and/or flagged (with small survey flags) at the bus stop locations. Upon review by the City Staff, the field crew will return to the approved sites and stake the concrete pad locations (pad size as directed by the City). Task 2 — Office Work: Process the field work and do computations for the right of way line locations. Coordinating the field work and site visits with the City. SCHEDULES AND FEES Schedule: Upon City authorization to proceed, SSA will coordinate the field work with City, it is estimated to complete the first portion of the field work in approximately fourteen (14) working days the second portion of the field work will be coordinate with the City to have the pads staked as needed. Fees: SSA will perform work Tasks 1 Lump Sum Fee of (11 sites @ $350. ea) $3, 850.00 Tasks 2 Lump Sum Fee (11 sites @ $225 ea) of $2,475.00. Total of $6,325.00 STOTTLER STAGG & ASSOCIATES I ARCHITECTS I ENGINEERS I PLANNERS I INC. 8680 North Atlantic Avenue P.O. Box 1630 Cape Canaveral, Florida 32920 P 321.783.1320 F 321.783.7065 License #AAC000329 #EB0000762 #LB0006700 Jeff Ratliff July 7, 2010 Page 2 SSA Fee Proposal — SCAT Bus Stops Three sets of completed Exhibit or Sketch of Description will be included in this fee. Additional printing that is required by regulatory agencies will be billed to the Owner at SSA's cost plus 15%. SSA's work will be invoiced based on a percentage of work completed and will be billed monthly with payment due within thirty (30) days of receipt. Additional services not included in the above tasks will be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the Client hereby agrees to pay all costs of such collections including Attorney's fees. The Client and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the Client nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through July 31, 2010. Acceptance after this date may necessitate increased fees or altered conditions. Jeff, your authorization of this proposal can be accomplished by City approval and receipt of a City purchase order. We are looking forward to working with you on this project. CADocuments and SettingMJ.RatIifflLocal Settings\Temporary Internet Files\Content.Outlook\VRJJCH9W\P-RATLIFF BUS STOPS 7-07-10.doc Jeff Ratliff July 7, 2010 Page 3 Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. GIM SSA Fee Proposal — SCAT Bus ACCEPTANCE: BY: David Roy Jones Chief Surveyor TITLE: DRJ:bms DATE: CADocuments and SettingsW.RatlifflLocal Settings\Temporary Internet FileslContent.Outlook\VRJJCH9vv\P-RATLIFF BUS STOPS 7-07-10.doc Attachment #2 Map of Transit Stops Along SR AIA I o City of Cape Canaveral City Council Agenda Form City Council Meeting Date: July 20, 2010 Item No. Subject: Transit Shelters/Benches Project — Approve construction of concrete pads and installation of transit shelters/benches/trash cans to Atlantic Development of Cocoa Inc. in the amount of $69,500.00. Department: Public Works Summary: The City of Cape Canaveral (City) continues to move forward with the installation of transit shelters/benches/trash cans at 23 locations throughout the City. The project includes the construction of (17), 5'x 8'x6", concrete pads and construction of (6), 6'xI4'x6", concrete pads. It also includes construction of a five-foot wide concrete ramp from the sidewalk (or concrete pad) to the asphalt roadway or curbing in each case to meet the requirements of the Americans with Disabilities Act (ADA). Requested Council Action: Approval of $69,500.00 to Altlantic Development of Cocoa, Inc. (Atlantic) for the construction of 23 concrete pads and ramps, and the transport/installation of all shelters, benches, and trash cans. A cost estimate was also obtained from Mudrak Engineering and Construction, Inc. (Mudrak - $76,650). Cost estimates were also requested from Brewer Paving and Development, Inc., and Santa Cruz Construction, Inc. — both firms declined to submit bids. The project will be "piggy -backed" on Atlantic's continuing services contract with the City of Cocoa (Agreement for Utilities General Construction Contractor). Financial Impact: The City will compensate Atlantic the full amount of the project costs ($69,500.00). However, upon submittal to the Space Coast Area Transit (SCAT) Authority of contractor invoices and proof of payment by the City, SCAT will reimburse the City 100% of the project costs within three days. Attachments: Supporting Documents Reviewed 1). Attachment #1: Atlantic Cost Estimate. 2). Attachment #2: Mudrak Cost Estimate. 3). Attachment #3: Agreement for Utilities General Construction Contractor — City of Cocoa. Submitting Department Head: Jeff Ratliff Date: 07/08/10 Approved by City Manager: LO`I.S.-C Date: '7141fo City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Atlantic Cost Estimate ATLANTIC DEVELOPMENT of COCOA INC 2185 WEST KING STREET COCOA, FL 32926 (321)639-8788 FAX (321)639-0936 May 25, 2010 City of Cape Canaveral 600 Thurman Blvd. Cape Canaveral, FL 32920 Attn: Jeff Ratliff Re: Bus Shelters and Benches ADC 10-160 Jeff , We are pleased to provide you with a quote to furnish all labor, equipment, and supervision to install 6 covered bus shelters and pads, 17 concrete pads and benches with trash containers throughout the city limits. This price includes additional 3CY concrete for walkways and may require additional as required. If detectable warning surfaces are required, add $350 (each), at all locations. Please refer to the attached for cost breakdown. All material to be furnished by the City of Cape Canaveral. If you have any questions, please contact our office at your earliest convenience. Respectfully, h i Moore A antic Development of Cocoa, Inc. JM:djt Cc: file A r 1 City of Cape Canaveral Atlantic Development of Cocoa, Inc. Origination Date: May 25, 2010 Bus Shelters and Benches ADC -10-160 5/25/2010 Excavate, form and pour fi'xWW' concrete pads $ - Install city provided shelter at 6 locations $ - Excavate, form and pour 3 CY additional concrete walkways at each location 6 ea 4,500.00 $ 27.000.00 S - S - t� Padsivith 13encjT'ani[ ;TP ICtltHE' lIA, Excavate, form and pour 5x8'x6" concrete pads $ - Install city provided concrete benches and trash contalners $ - Excavate, form and pour 3 CY additional concrete walkways at each location 17 ea 2,500.00 $ 42,500.00 S - $ - S - S - - T01CAL,(i&, ve EXCLUSIONS All items affected by cost of petroleum products are subject to any future price escalations of said petroleum products. (Including, but not limited to, concrete curb, concrete sidewalk, asphalt, etc.) Unless otherwise noted proposal does not include connection charges, fees, bonds, testing, permits, NPDES Monitoring, construction layout, as built drawing, relocation of any ulility, rock excavation, de -mucking, concrete fiat work, sod, seed, mulch or any unforeseen obstructions or Unless a lump sum price is to be paid for the foregoing work, and is clearly so stated, it is understood and agreed that the quantities referred to above the estimates only and that payment shall be made at the stated unit prices on the actual quantities of work performed by the This proposal expires thirty (30) days from the dale here of, but may be accepted at any later date at the sole option of Atlantic Development of Cocoa, Inc. Bids and proposals are not commitment to do a job. All jobs are subject to credit approval and funds avallability. Atlantic Development reserves the right to withdraw any bid provided. Accepted by: (Signature) (Print) CiWC JOBS4BIDS OFENIID•i8D CITY OF CAPE CANAVERAL -BUS SHELTERS AND SENCHESQuole-As Attachment #2 Mudrak Cost Estimate Contract A reement April 8, 2009 Mudrak Engineering and Construction Co. Dale Mudrak P.E., President (Lie. # CB C060403) 21522 Hobby Horse Lane Christmas, FL 32709 Tel 407-568-1833 Fax 407-568-1833 To: Mr. Jeff Ratliff City of Cape Canaveral 601 Thurm Blvd- PO Box 326 Cape Canaveral, FL 32920-326 TEL 321-868-1240 FAX 321-868-1233 Scope of Services: We propose to provide all labor and materials necessary to: 1) Construct 17 concrete pads for benches at bus stops. This includes a 4 foot by 6 foot concrete pad, approach sidewalk where necessary, dirt removal, irrigation repair/replacement, sod, clean-up. 2) Construction on 4 concrete pads for bus shelter and bench. We will also assemble shelter and install per manufacture specifications. Shelters to be provided by the City. Note that this does not including permitting that may be required by FDOT for work in AIA Right -of -Way or additional requirements that they may require. Legal Description: (legal description to be provided) City of Cape Canaveral We propose to furnish all material and labor in accordance with the above specifications for the sum of Sixty -Seven Thousand, Two Hundred Fifty Dollars and 001100 ($67,250.00) A break down of the pricing is as follows: Concrete pad for bench locations: 17 locations at $2,850 each $48,450 Concrete pad and shelter installation: 4 locations at $4,700 each $18,800 z -9 Z �� q,-zoc> Total $67,250 -?(.1 coSD Payments to be made as follows: Progressive payments as work is completed. Full payment is due within 15 days of completion. Contractor's Signature: Acceptance of proposal, the above price, specifications, attached general conditions and itemized quote are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above. Owner's Signature: Date: General Conditions 1. Any alteration or deviation from the specifications, including but not limited to an alteration involving additional materials and or labor, will be executed only upon a written order signed by the owner and contractor and shall be incorporated in and become part of this contract. If there is any charge for such alteration or deviation, the additional charge shall be added to the contract price. 2. If payment is not made when due, contractor may suspend work on the job until such time that all payments due are made. Failure to make payment for a period in excess of 15 days from the due date of payment shall be deemed a material breach of this contract. 3. Work shall be completed in a workman -like manner and in compliance with all building codes and other applicable laws. 4. To the extent required by law, work shall be performed or administered by individuals duly licensed and authorized by law to perform said work. 5. The Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this contract. 6. The Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment is due. 7. The contractor agrees to remove all debris and leave the premises in broom clean condition. S. The contractor shall not be liable for any delay due to circumstances beyond his control including weather conditions, strikes, casualty or general unavailability of materials. 9. The contractor warrants work for a period of 12 months following completion. 10. The contractor represents that it has purchased and agrees that it will keep in force for the duration of the work in a company lawfully authorized to do business in the state of Florida, such insurance will protest the contractor and owner of the site, from claims for loss or injury which might arise out of or result from the contractors operation under this project, weather such operation be by the contractor or by a subcontractor or its subcontractor. The contractor represents and agrees that said insurance is written for and shall be maintained in an amount not less than the limits of the liability required by law. 11. Note that this proposal does not include improvements that are required due to unforeseen conditions. This includes but is not limited to termite or rot damage. It also does not include improvements that are required as a result of unforeseen soil conditions. 12. Due to the Fluctuations in material costs, any increases in materials beyond 5% shall be passed on to the owner. 13. In the unlikely event that Mudrak Engineering and Construction Company, is required to file civil action or institute any collection efforts against the customer, the customer agrees to pay any and all costs, fees, expenses, and attorney fees incurred by Mudrak Engineering and Construction Company, regardless of weather suit is actually filed and including but not limited to any and all costs, fees, expenses, and attorney fees incurred on appeal or in any postjudgment collection efforts or proceedings. 14. Proposal is good for 60 days. Attachment #3 Agreement for Utilities General Construction Contractor — City of Cocoa November 18, 2009 Atlantic Development of Cocoa, Inc. 2185 West King Street Cocoa FL 32926 Attention Glenn S. Grignon -- General Manager Off ce of the City Clerk Re: Agreement for Utilities General Construction Contractor Dear Mx Grignon: Joan Clark MMC 65 Stone Street Cocoa, Florida 32922 (321) 433-8488 —phone (321) 433-8455 -facsimile The Cocoa City Council, at its regular meeting of November 10, 2009, unanimously approved the above referenced agreement. I have enclosed the agreement as executed by the City of Cocoa. It is requested that you sign the agreement and return it to my attention. I will date the agreement and provide you with a certified copy. If you have any questions or require additional information, please feel free to call. Sincerely, 'A Joan Clark, MMC City Clerk City of Cocoa AGREEMENT FOR UTILITIES GENERAL CONSTRUCTION CONTRACTOR THIS AGREEMENT is made and entered into this day of , 2009, by and between the CITY OF COCOA, FLORIDA, a Florida Municipal Corporation, hereinafter referred to as "City", located at 65 Stone Street, Cocoa 32922, and Atlantic Development of Cocoa, Inc. 2185 West King Street, Cocoa, Florida 32926, hereinafter referred to as "Utility Contractor". WTIWESSETIH: WHEREAS, City wishes to obtain under ground utility services on a continuing basis; and WHEREAS, the City has followed the selection and negotiation process set forth in the Florida's Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes; and WHEREAS, Utility Contractor participated in the selection and negotiation process; and WHEREAS, Engineer is willing to provide such underground utility services to the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM AND DEFINITIONS 1.1 Unless sooner terminated by either Party pursuant to the terms and conditions herein, this Agreement shall terminate on the third (3rd) anniversary of the Effective Date. 1.2 The terms and conditions of any Task Authorization, as described in Section 2 hereof shall be as set forth in such Task Authorization. Any Task Authorization in effect at the termination oftl is Agreement shall remain in effect until completion of said Task Authorization, and all of the terms and conditions of this Agreement shall survive until completion of all Task Authorizations. 1..3 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a."Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Engineer io provide the engineering services approved by Task Authorization by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. c. "Utility Contractor" shall mean Atlantic Development of Cocoa Inc., and its principals, employees, resident project representatives (and assistants). d."Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Reimbursable Expenses" shall mean the actual expenses incurred by Utility Contractor or Utility Contractor's independent professional associates and consultants which are directly related to travel and subsistence at the rates, and under the requirements of, Section 112.061, Florida Statutes, or any other actual expenses the City agrees to reimburse by Task Authorization. f. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in a Task Authorization. g. "Task Authorization" shall mean a written document approved by the parties pursuant to the procedure outlined in paragraph 2.0 of this Agreement, and any amendments thereto approved pursuant to the procedures outlined in paragraph 3.0 herein, which sets forth the Work to be performed by Utility Contractor under this Agreement. 2.0 DESCRIMON OF SERVICES 2.1 The City shall make request of Utility Contractor to perform underground utility services on a "task" basis. The City will communicate with Engineer, verbally or in writing, a general description of the task to.be performed. The Utility Contractor will generate a detailed Scope of Work document, prepare a Schedule, add a Not -to -Exceed -Budget or Lump Sum Fee to accomplish the task, and send the thus developed "Task Proposal" to the City. If a site visit by Utility Contractor is needed to generate the scope document, Utility Contractor shall request approval prior to visiting the site. The City will review the Task Proposal , and if the description is mutually acceptable, the parties will enter into a written "Task Authorization". The Scope of Services generally to be provided by the Utility Contractor through a Task Authorization may include any phases of general transportation engineering. These phases are more clearly defined in the attached Exhibit "A". The City will issue a Notice to Proceed to the Engineer in the form of a City purchase order. Upon receipt of the signed Task Authorization and a written Notice to Proceed from the City, the Utility Contractor shall perform the services set forth in the Task Authorization. 3.0 � GES IN THE SCOPE OF WORK 3.1 City may make changes in the Services at any time by giving written notice to Utility Contractor. If such changes increase (additional services) or decrease or eliminate any amount of Work, City and Utility Contractor will negotiate any change in total cost or schedule modifications. If the City and the Utility Contractor approves any change, the Task Authorization will be modified in writing to reflect the changes; and Utility Contractor shall be compensated for said services in accordance with the terms of Article 5.0 herein. All change orders shall be authorized in writing by City's and Utility Contractor's designated representative. 3.2 All of City's said Task Authorizations and amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 4.0 SCHEDULE 4.1 Utility Contractor shall perform services in conformance with the mutually agreed schedule set forth in the negotiated Task Authorization. Utility Contractor shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a weekly basis or as otherwise reasonably requested by the City. Should Utility Contractor fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed-upon schedule. 4.2 No extension for completion of services shall be granted to Utility Contractor without City's prior written consent, except as provided in Sections 3.l and 20.1 herein. 5.0 OF PAYMENT FOR SERVICES AND EXPENSES OF ENGWEER 5.1'General Services. For basic and additional Services performed by Engineer's principals, employees, and resident project representatives (and assistants) pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Utility Contractor an amount equal to that agreed upon by the parties for a particular Task Authorization. 5.2 Additional Services Performed by Professional Associates and Consultants. For additional Services and Reimbursable Expenses of independent professional associates and consultants employed by Utility Contractor to render additional Services pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Utility Contractor an amount equal to that billed Utility Contractor by the independent professional associates and consultants multiplied by a factor of 1..10. Prior to payment by the City, the Utility Contractor shall submit to the City a copy of any written invoice received by Utility Contractor from all independent professional associates and consultants which clearly evidences the amount billed by the independent professional associates and consultants for additional Services and any Reimbursable Expenses. 5.3 Witness Services. For witness or expert services rendered by Utility Contractor's principals, employees, resident project representatives (and assistants), and independent professional associates and consultants on behalf of the City in any litigation, arbitration, or other legal or interested administrative proceeding in which the City is a named interested party, City agrees to pay the Utility Contractor or independent professional associate or consultant, which is used as a witness or expert, an amount equal to that agreed upon by the party for a particular Task Authorization. 5.4 Reimbursable Expenses. In addition to payments provided in paragraphs 5.1, 5.2 and 5.3 above, City agrees to pay Utility Contractor the actual cost of all Reimbursable Expenses incurred in connection with any Task Authorization. 5.5 Payment. Upon receipt of a proper invoice from Utility Contractor, the City agrees to pay the Utility Contractor the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement and any applicable Task Authorization. Invoices may only be submitted on a monthly basis unless otherwise agreed by the City. Unless otherwise agreed in writing by the City, there shall be no other compensation paid to the Engineer and its principals, employees, resident project representatives (and assistants), and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Utility Contractor. 6.0 RIGHT TO INSPECTION 6.1 City or its affiliates shall at all times have the right to review or observe the services performed by Utility Contractor. 6.2 No inspection, review, or observation shall relieve Utility Contractor of its responsibility under this Agreement. 7.0 PROGRESS NMTING 7.1 City's designated Project Manager may hold periodic progress meetings on a weekly basis, or more frequently if required by the City, during the term of any Task Authorization entered into under this Agreement. Utility Contractor's Project Manager and all other appropriate personnel shall attend such meetings as designated by City's Project Manager. 8.0 SAFETY 8.1 Utility Contractor shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, resident project representatives (and assistants) while performing Services provided hereunder. 9.0 REMONABLE ACCESS 9.1 During the term of this Agreement, City shall grant Utility Contractor reasonable access to the City's premises, records, and files for purposes of fulfilling its obligations under this Agreement. 10.0 INSURANCE 10.1 Liability Amounts. During the term of this Agreement, Utility Contractor shall be responsible for providing the types of insurance and limits of liability as set forth below. a)Professional Liability: Proof of professional liability insurance shall be provided to the City for the minimum amount of $1,000,000 as the combined single limit for each occurrence. Whe Engineer 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 Engineer from claims of property damages which may arise from any Services performed under this Agreement whether such Services are performed by the Utility Contractor or by anyone directly employed by or contracting with the Engineer. c)The Utility Contractor shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $50,000 property damage as the combined single limit for each occurrence to protect the Utility 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 Engineer or by anyone directly or indirectly employed by the Utility Contractor. d)The Utility Contractor shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required by law for all of its employees performing Work for the City pursuant to this Agreement. 10.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the terra of this Agreement. Renewal certificates shalt be sent to the City 30 days prior to any expiration date. There shall also be a 30 day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. 10.3 Independent Associates and Consultants. All independent associates and consultants employed by Utility Contractor to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 11..0 COMPLIANCE WrrH LAWS AND REGULATIONS 11.1 Utility Contractor shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement. 12.0 REPRESENTATIONS 12.1 Utility Contractor represents that the Services provided hereunder shall conform to all requirements of this Agreement and any Task Authorization, shall be consistent with recognized and sound engineering practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the Services rendered. 12.2 Utility Contractor represents that all principals, employees, and other personnel fiunishing such Services shall be qualified and competent to perform the Services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 13.0 GUARANTEE AGAINST F01UNGEMENT 13.1 Utility Contractor guarantees that all Services performed under this Agreement shall be free from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision of this Agreement, Utility Contractor shall indemnify, hold harmless, and defend City, its officers, directors, employees, agents assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding the foregoing, Utility Contractor may elect to provide non -infringing services. 1.4.0 DOCUMENTS 14.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Utility Contractor and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Engineer. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Utility Contractor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City manager. Upon request by the City, the Utility Contractor shall promptly supply copies of said public records to the City. Allbooks, 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 Utility Contractor be open and freely exhibited to the City for the purpose of examination and/or audit. 14.2 Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise„ prepared by the Utility Contractor and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein may be reused by the City for any reason or purpose at anytime. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adoption by the Utility Contractor, or its independent contractors and associates if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Utility Contractor. 14.3 The Utility Contractor acknowledges that the City is a Florida Municipal Corporation and subject to the Florida Public Records Law. Utility Contractor agrees that to the extent any document produced by Utility Contractor under this Agreement constitutes a Public Record, Utility Contractor shall comply with the Florida Public Records Law. 15.0 ASSIGNMENT 15.1 Utility Contractor shall not assign or subcontract this Agreement, any Task Authorization hereunder, or any rights or any monies due or to become due hereunder without the prior, written consent of City. 15.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Utility Contractor, Utility Contractor shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 15.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Utility Contractor who shall take immediate steps to remedy the situation. 15.4 If any part of this Agreement is subcontracted by Utility Contractor, prior to the commencement of any Work by the subcontractor, Utility Contractor shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 16.0 INDEPENDENT CONTRACTOR 16.1 At all times during the term of this Agreement, Utility Contractor shall be considered an independent contractor and not an employee of the City. 17.0 DEFAULT BY UTFLITY CONTRAC'T'OR AND CITY'S REMEDIES �I 17.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: 17.2 Utility Contractor defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within thirty (30) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in which case the Utility Contractor shall have such time as is reasonably necessary to remedy the default, provided the Utility Contractor promptly takes and diligently pursues such actions as are necessary. 17.3 Utility Contractor is adjudicated bankrupt or makes any assignment for the benefit of creditors or Utility Contractor becomes insolvent, or is unable or unwilling to pay its debts; or 17.4 Utility Contractor has acted grossly negligent, as defined by general and applicable law, in performing the Services hereunder; or 17.5 Utility Contractor has committed any act of fraud upon the City; or 17.6 Utility Contractor has made a material misrepresentation of fact to the City while performing its obligations under this Agreement. 17.7 Notwithstanding the aforementioned, in the event of a default by Utility Contractor, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. 18.0 TERMINATION 18.1 Notwithstanding any other provision of this Agreement, City may, upon written notice to Utility Contractor, terminate this Agreement, without penalty, if-. (a) Utility Contractor is in default pursuant to paragraph 17.0 Default; (b) Utility Contractor makes a general assignment for the benefit of its creditors; (c) Utility Contractor fails to comply with any condition or provision of this Agreement; or (d) Utility Contractor is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. in the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work properly performed prior to the effective date of termination. 19.0 FORCE MAJEURE 19.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire, flood; windstorm; explosion; riot; ware; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 20.0 GOVERNING LAW & VENUE 20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 21.0 READINGS 21.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 22.0 SEVIERABIILitTY 22.1 In the event any portion or part of thereof this Agreement is deemed invalid, t against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable. 23.0 WAIVER AND ELECTION OF REMEDIES 23.1 Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 24.0 TE9R_D pA.'RTY RIGHTS 24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Utility Contractor. 25.0 PROHIBITION AGAINST CONTINGENT FEES 25.1 Utility Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Utility Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or dna, other than a bona fide employee working solely for the Utility Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 26.0 ENTIRE AGREEMENT 26.1 This Agreement, including any Task Authorizations and Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Utility Contractor with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 27.0 NO JOINT VENTUR3E. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither parry is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 28.0 ATTORNEY'S FEES. Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on appeal. 29.0 COUNTEREA.RTS. This Agreement maybe executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such 4 counterparts shall together constitute but one and the same instrument. 30.0 DRAFTING. City and Utility Contractor each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 31.0 NOTICE For Utility Contractor Atlantic Development of Cocoa 2185 West King Street Cocoa, Florida 32926 Attention Glenn S. Grignon — General Manager Phone:321-639-8788 For CL . City of Cocoa/ Utilities Department - Attention: Water Field Operations 600 School Street Cocoa., Florida 32922 (321)433-8700 FAX: (321)433-8708 31.2 Either party may change the notice address by providing the other parry written notice of the change. 32.4 SOVEREIGN 111 3UNITY. 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 unposed on the City's potential liability under state or federal law. 33.0 CORPORATE REEIkSENL TATIONS BY ENGMI ER. Engineer hereby represents and warrants to the City the following: (a)Engineer is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. (b)The undersigned representative of Utility Contractor has the power, authority, and legal right to execute and deliver this Agreement on behalf of Utility Contractor. 34.0 MEMN CATION. For all Services performed pursuant to this Agreement, the Utility Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees and officers from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a)any default under this Agreement by Utility Contractor, b)any negligent act, omission or operation of work related to all Services performed under this Agreement by Utility Contractor, and its employees, principals, agents, independent contractors, and consultants. The indemnification provided above shall obligate the Utility Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees and officers which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Utility Contractor, or anyone directly or indirectly employed by them. In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate of $200 per hour N IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: UTILITY CONTRACTOR: CITY OFC OA, FLORIDkg�:13Y Atlantic Development of Cocoa, INC.: TY' L _ "11 A�XJJ %12�t3 tle. �L� tf 1k� Ll� Mayor Print Name/Title: A4ina : CORPQRATE SEAL:., B By: f Jk, ttylerk EXHIBIT "Ate SCOPE OF SERVICES BASIC CONSULTING SERVICES AGREEMENT The City of Cocoa is soliciting statements of qualifications and fee schedules from interested construction firm to provide general contracting work on utility systems owned and/or operated by the City. The selected firm will enter into a Continuing Services Agreement with the City of Cocoa to perform work as a Utility Underground Contractor for a two-year period, renewable for two two-year periods. Selection will be in compliance with Florida Statue, Chapter 287, sections 287.001 to 287.1345, "Commodities, Insurance and Contractual Services. " The scope of services to be provided will include, but is not limited to, the following tasks and certain specific projects: • Repair and/or replace water, sewer, and/or reclaim mains, valves and fire hydrants • Repair and/or replace water, sewer, and/or reclaim service lines • Repair and/or replace sewer manholes • Repair and/or replace sanitary sewer gravity system pipes • Install new water, sewer, and/or reclaim pipes to the City owned system Repair and/or replace storm drain pipes and storm drain inlets and .junction boxes • Repair and/or replace piping in water and waster water plants • Repair or replace various size pipes consisting of various materials: i.e.: corrugated metal, Plastic and reinforced concrete. • Do line stops / install valves on large diameter transmission mains Restore and pave DOT roads • Replace concrete driveways, curbing and sidewalks SCOPE OF SERVICIJS REQUIRED A. General The work under this R.F.P. will be on an as -needed basis. Individual work assignments will be authorized and performed by "work assignments". Contractors must respond within 48 hours of a city request. If for any reason your work schedule will not allow you to perform the requested work, then the next lowest bidder will be contacted to perform the requested work -- assignment. It is anticipated the City will hire at least three companies to perform a portion or all of the tasks listed above. Firms that specialize is one or more, but not all of the items listed in the scope of services may be qualified and selected for speck tasks according to their experience and expertise. Firms that are currently under contract with the City to perform these tasks will not be given priority over other firms that are not currently under contract with the City. It is anticipated this will be a multi-year renewable contract. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0712012010 Item No. Subject: Approve use of $1,975.00 in Contingency Funds for painting the interior of four (4) racquetball courts. Department: Parks and Recreation Summary: The current budget contained $10,000.00 in the Capital line item for replacement of the lights at the racquetball courts. The work was completed for $8,144.50 and $1,855.50 remains unexpended. As a normal maintenance item, the racquetball courts need to be painted. Furthermore, to get the maximum effect of the new lights, the lighting company recommends the walls be painted a bright glossy white. Since all capital purchases were funded from reserves, the City Treasurer advises the remaining dollars are not eligible for use on any maintenance items. Quotes were obtained from four (4) painting contractors and DAB was the lowest. DAB also has a history with Cape Canaveral, as they painted the Fire Station at no charge as well as they are a local business. Requested Council Action: Approve the use of $1,975.00 in Contingency Funds for painting the interior of four (4) racquetball courts. Financial Impact: None projected as City Treasurer advises Contingency Funds are available. Attachments: Quotes from DAB, Keenan, Snyders and HRC Requested By: Robert Lefever, Date: 6/29/2010 Approved by City Manager: David L. Greene D `-' Date: 7113110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain CITY OF CAPE CANAVERAL QUOTE SUMMARY DATE: w,z mr DEPARTMENT: ��_ ✓��, ar DESCRIPTION OF QUOTE REQUEST: -29-: [3i COMPANY NAME: PHONE NUMBER a . FINAL DECISION ON QUOTE: aid/ ;7/A Cl 67 J� COMPANY INFORMATION MAfLING ADDRESS: PHONE/FAX/CELL: TAX ID # COMPANY CONTACT: WEB ID / E-MAIL: COMMENTS AMOUNT DAB Painting of Brevard Inc 508 Adams Ave Cape Canaveral, FL 32920 City of Cape Canaveral/Racquet Ball Court Estimate Date Estimate # 6/23/2010 06 Project Racquet Ball Courts ( 4 ) I Work to be Performed I Total 1 Racquet Ball Courts ( 4 in total) Interior of courts only Pressure wash all walls and ceilings Patch all cracks and re prime the areas patched using DT Bonding primer Apply ( Two ) coats of Super Paint Acrylic Gloss finish to all wall and ceilings Prime and paint 4 doors leading into Racquetball courts This proposal was quoted using Sherwin Williams Paint products Total cost Phone # I Fax # E-mail 321-302-5055 1 321-868-4659 I dabpainting@hotmail.com Total 1,975.00 $1,975.00 JUN 16,2010 04:29A GREG KEENAN 3212599005 page Z KIMAN PAINTING 2520 hunter Lane Malabar, FL 32950 321-794-4980 (Office) 321-729.6711(Fs,j Hi Fran T was waiting for Gary Rdbers form Sherwin Williams to get me a set of specs of some recommended products. 1 went ahead and put together a bid using lou% acrylic paint which is a very good product and should achieve the results you want_ if you would like me to bid a different product let me know. The price should not be too much different.. Gregory Keenan Keenan Painting Inc. JUN 16,2010 04:29A GREG KEENAN 3212599005 page 2 MENAN PAINTING, 2.520 Hunter Larne Malabar, FL 32950 321-7944880 (Office) 321-729-6711(Fox) Jude 11, 2010 TO: Fran Nurman 7300 N. Atlantic Ave. Cape Canaveral, Florida You recently requested pricing information from our company to repaint the interior and the exterior of the racquetball courts. The quote is lhited below: Exterior Scope of Work: Pressure wash the areas ging painted to remove dirt, mildew and loose paint. Apply bruA grade elaslonreric patching compound to the top of'the wally Fill cracks in the block with tlastonwric caulk. Apply masonry conditioswr to the walls b6nS painted. Recaulk windows as needed. Apply 100% acrylic latex satin paint to the walls and exterior ceilings bring painted. • Prime with metal primer slid apply exterior semi -gloss parol tO the outside of the exterior doors. Price for interiors $2,648,00 Price for exterior $2,325.00 All materials are guaranteed per manufacture's specifications. All above work is to be performed and completed in a professional workmanlike manner. Thank you for giving us the opportunity to bid for your business. We have been in business since 1988 and have established a reputation for quality. We look forward to showing you that it is well deserved, ACCEPTANCE; OF PROPOSAL The above prices, specifications and conditions are satisfactory and arc hereby accepted. You are authorized to do the work as specified. Date -- Signature * Payment upon completion. We accept Visa, MasterCard and Discover. TUN -15-2010 11:05A FROM: (321-454-9090 TD:BGB1227 P.1 L PAPERING INTING "IN IHE FINEST HOMES & COMMERCIAL ESTABLISHMENTS" 1303 TRooN WAY • ROCKLEDGE, FLORIDA 32955 TODD SNYDER • PH: (321) 454-2555 • FAx (321)m : Name: City of Cape Canaveral Phone: 321-868-1226 tate: 6-14-10 Street: 7300 N. Atlantic ave Job CitY: Cape Canaveral Street: State: FI Zip. 32920 City: State: We hereby submit specifications and estl mates for: racquet ball courts A) Pressure clean interior walls of the (4) courts with 3500 PSI 6) Spot prime exposed concrete walls with DTM bonding primer C) Paint walls and the partial ceiling with 2 coats of A-100 Gloss write Note: courts will need to be shut down for 1 week to complete wort We hereby propose to fumish labor and materials - complete In accordance with the above speolf[cations, for the sum of: Three Thousand Eight hundred Forty dollars ( $ 3,840.00 ) with payments to be made as follows: upon completion of above work All material is guaranteed to be as specified. Ail work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accide to gr delays beyond our control. This proposal subject to acceptance within 30 days and is void thereafter a the option oll'AuOUndersieRed. Authorized ACCEPTANCE OF PROPOSAL e The above prices, specifications and conditions are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined as above. ACCEPTED: Signature: 0b -Z3-'19 1:i: by J HUM-Sonrlse Villas Apts. 772--571-1790 HRC Painting, Inc. 1311 Deedra St. Palm Bay, FL 32907 Voice: 321-537-6684 Fax: 772-918-8752 Email: hrepsintingayahoo.com Ldwer 1 7191/14 1 Net 30 T-521 P002/004 F-239 QUOTATION Quote Number: 1099 Quote Date: Jun 11, 2010 Page: 1 Robert Lefever 7300 N Atlantic Ave Cape Canaveral, Ft_ 1� CRFL7lS 1"n1111 1M3 L,uurs I a7 ` Prepare courts for paint ' Protect floors from paint ' * Apply 2 coats of Glidden's Premium Exterior Semi -Gloss in White to interior of 4 courts " Clean up daily Customer vAll receive all extra paint Deposit - $0 — Check, Visa, Mastercard, AE accepted ` HRC Special Discount - 25% THANKYOU111 Accepted by Subtotal HRC Discount X Ima. .. w el LTi 4,600.00 1913-L6-110 14:1010 t'Mun-S)onrlse villas npTs. -r 1L-511-11-417 'T-5'Ll V003/094 1 -Z39 RREVARD COUNTY PLANNING AND DEVELOPMENT DEPARTMENT LICENSING R9GULATION AND ENFORCEMENT r �iY.• "' 2 2725 Judge Fran Jamieson Way, Suite A-105 Phone: 321 633-2058 Viera, FL 52940 Fax; (321) 590-6878 www.brevardcounty.us/licensing CERTIFICATE OF COMPETENCY CERTIFICATE NO.: PT349 THIS CERTIFIES THAT: 3.ASON HAMMOND HRC PAINTING INC HAS QUALUMD AS A: PAWMG CONTRACTOR TWS CERTIFICATE jS.lSSMD FOR _THE _U lNCORPML4,TED-AREAS OF BREVA" COUNTY, FLORIDA, TMS Itb DAY OF NOVEMBER, 2001 QUALIFIF,D B'it: GRANDFATHERING MCA WTFEk CRAIRMAN, BREVARD COUNTY CONTRACTOR LICENSING BOARD DENISE CAMPAGNA SECRETARY, BREVARD COUNTY CONTRACTOR LICENSING BOARD "THIS IS NOTA B USNESS TAX" RECEIPT" PLEASE VERIFYAI.C. INFORMATION FOR ACCCIRACY �o `4 .. BREVARD COUNTY IMPORTANT! - - - .. 45!, " ��} CONTRACTOR LICENSING BOARD THIS IS YOUR CPRTIRCATE OF COMPETENCY CERTIFICATE OF COMPETENCY DISPLAY AS RE QUMED BY LAW UNDER 13RHVARD COUNTY ORDINANCE CERTWICATE NQ: F.XPMATION DATE: CHATTER 22, ARTICLE VI M49 0$/3112414 PAINTING CON'T'RACTOR JASON P HAMMOND HRC PAINTING INC 1311 DEBDRA STREET PALM BAY FL 32.901 • ► �' �r ratllnkt _ �1i N 111ladk $trier -- �- _...._ of .. � _ 1101�lIilATIrlfi.� - M11M►uee� MUPMA.Milfth Ralnts Imurnwe Os 1311 Ocdre str"T - &Florida Retell Fabretion $sit lrolworg. :_- NIK 1eq, fl. $2107 iNeuaoNo- w._.- (3$1)4$7-4084 V$Wr vp •Irnrr�"°Ily� CUMM .ew,.ww�w�w 7 r$$Ma "MAWJIM MOM kNW IM "Onowbit— go 11 .ee AWN* r M/efee l�retsuwr r �sests�w�es i(ArMAi� J1 owawo �wMaMer- t�w�e�rMrwert MO. SOM s MMIO'11lIt e �,yt $611Iilteo► 4$13:!11011 M lMrllNNMI0 NAWMltIOA/NNfI ! Awe iertNee�eere�rrrpawi�eYrsa�r $4rtltlNlle Me1�llt am Awl M--- WON uR 804 Ow--" Welk 3N Soul) lirive rlrwAille f1 Son +m IllltW N rlhlitlatel Mum, AIw k w MMK Wviees us in w #avis �w.eraF,�e�n�epwewre serr�u....�+riear�err $N►It1 t" I w►om I" Ire D=1MWW.MWkWWrwuriwnLMA* To K .� p�wwwrrw it" $W" Aw ?K Fleet eesee.e�r�eaeenr�srrsNeuwwure�erws;rer+r�n�i�ereeeswe, 0 ntoo r111#4M a%1$ft 1111110.011" Ext. .ire e.outanraeoe er rir�.wr�++�ea++e+nl,rrarew�ren 109 WIN oo-Ls le ls: o:� rrm-zponrzse villas Hpis. 'r-bZ:L 1001/19164 r-L39 y4"cEA"°City of Cape Canaveral 01� �� r City Council Agenda Form City Council Meeting Date: 07/20/2090 �.. Item No Subject: Appoint David Greene as the Technical Advisory Committee (TAC) Member to the Space Coast Transportation Planning Organization (SCTPO), representing the City of Cape Canaveral. Department: Legislative Summary: Former City Manager Bennett Boucher was the City's representative. Since his departure Angela Apperson has attended the meetings and kept up to date with the Committee's initiatives. In order to appoint City Manager David Greene as the Technical Advisory Committee (TAC) Member to the Space Coast Transportation Planning Organization (SCTPO) representing the City of Cape Canaveral, the City Council needs to make a formal request to do so. If approved, a letter will be sent to the TPO conveying the Council's action. Requested Council Action: Appoint David Greene as the Technical Advisory Committee (TAC) Member to the Space Coast Transportation Planning Organization (SCTPO), representing the City of Cape Canaveral. Financial Impact: NIA Attachments: None Submitting Department Head: Angela Apperson Date: 07/08/2010 Approved by City Manager: David L. Greene (D`Jy Date: 0711312010 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain