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HomeMy WebLinkAboutPacket 04-20-2010 Regular■ 1 0 wil I Ram 1 -.1014 Waym ( 11 -Aky of Cape Canaveral ULA'TERAL LIBRARY MEETING ROO 2�01 Polk Avenue Tuesday April 20, 2010 7:0O PM I Brevard County Sheri-iT s Office — Recognition of Deputy of the Month and Sergeanl Joanna Seigel REPORTS: 7-30 p.m. City Manager Staff Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may scheduile such items as regular agenda items and act upon them i:n the future. 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (32 1) 868-1220 ■ Fax: (321) 868-1248 www.cityofcapecanaveraLorg - email: ccapecanaveral@cfl.rr.corn City of Cape Canaveral, Florida April 20, 2010 Page 2 of 3 11. Approve Alcohol Exemption Permit for family reception on May 15, 2010 from 1:00 p.m. — 6:00 p.m. at Manatee Sanctuary Park. 2. Approve Alcohol Exemption Permit for the City of Cape Canaveral Friday Fest Street Party on May 7, 2010, waiving any and all f_ - B, g e Budg 5. Approve Fee Waiver for Outdoor Entertainment Event for American Legion Cancer Walk on June 6, 2010 T-50, p.m. — 8.-00 P.M. 6. Motion to Adopt: Ordinance No. 05-20101, 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, at second reading. L010j"i"MINAM, MINE SPIN 8:00 p�. m. IIS EMSHEM= V. Motion to Accept the Comprehensive Annual Financial Report (CAFR) the Fiscal Year 2008/09. S. Motion to Approve Parking Meter Implementation at the City's Beach En Streets. 11. Motion to Review and Approve Final Transit Shelters/Transit Benches/Trash Containers Design. City ofCape Canaveral, Florida April 20, 2010 Page 3 of 3 12, Motion to Approve - (a) Termination of Contract Between the City of Cape Canaveral (City) and Professional Diversified Services, Inc. (PDSI) for Mowing and Maintenance; (b) A New Contract between the City of Cape Canaveral and Nick's Professional Lawn Maintenance; and (c) A New Public Bid for the City's mowing contract to take effect July 1, 2010, 113Review and Approve Change in Solid Waste Pick Vp Schedule — Waste Pro USA, Contractor. 14, Motion to Approve: (a) Demolition of structure located at 6395 N. Atlantic Avenue (a.k.a. old Azteca Restaurant). (b) Demolition of structure located at 290 Cape Shores Circle. REPORTS: 9.-30 p.m. — 10:00PA 15. Council. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: V a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4120110 Item No. -Z Subject: Approve Alcohol Exemption Permit for Vickie Shorten for a small event held at Manatee Park on Saturday, May 15th. Department: Parks & Recreation Summary: A small family reception is being held by Vickie Shorten at Manatee Park on Saturday, May 15th from 1:00 pm — 6:00 pm for no more then 50 people. Beer & wine will be served at the event. Requested Council Action: Approve Permit. Financial Impact: Attachments: X Supporting Documents Reviewed Application Dated 3117110 Submitting Department Head: Robert Lefever Date: 416110 Approved by City Manager: C,14 1, aA2U, Date: VAS /,'O City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Adopted: 811108 CITE' OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT Date: l 711a The applicant is requesting a special exemption permit to allow alcohol at the described event, as per Cape Canaveral Code, Article 11I, Alcohol Possession & Consumption, Section 6-52 (b). til Name of Applicant: L �7ir� :1'itte; r Organization: Address:. ' fl L Com' J -tom E -Mail: Telephone: FAX: Local Contact: �� 'Title; Type of -Event: Location(s):�( Date(s): . Time(s): PERMIT FEES: The applicant agrees to pay the City, in advance, for any pennit fees that may be applicable to the particular request as,required by the Cit Cape Cwiaveral_ R Applicant FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title: n - Date signature: _ Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 -Fax-,- '(321) 868-1224 s Sec. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b) The city council may waive the prohibitions of this section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be. deemed to waive any provisions of state law regulating alcoholic beverages. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94) I of 1 o•;a n City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4120110 Item No. 2 Subject: Approve the Parks & Recreation Department request for an Alcohol Exemption Permit for the upcoming Friday Fest Family Street Party on May 7th & waive any & all fees. Department: Parks & Recreation Summary: The department will apply for a (1) one day alcohol permit from the Division Of Alcohol & Tobacco. Wrist bands will be given to all persons 21 years & older that will be consuming alcohol. Only beer & wine will be sold at the event. The event will take place on Friday, May 7, 2010 from 6:00 pm —10:00 pm at the Recreation Complex, Xeriscape Park, Taylor Avenue & Poinsetta Avenue. The venue will include live entertainment, food, street vendors & a kid's play area. Requested Council Action: Approve permit & waive any & all fees. Financial Impact: $2,000 Generated Revenues Attachments: Application dated 319110 Submitting Department Head: Robert Lefever Date: 417110 Approved by Ci�Manager: 'ire Date: K If q lIO City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Adopted: 8/l/08 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT Date: Jay The applicant is requesting a special permit to allow alcohol at the described event, as per Cape Canaveral Code, Article III, Alcohol Possession & Consumption, Section 6-52 (b). Name of Applicant: f[dhIt 1!0/1 Title: .&G/` �, re �v�l�i�d� Organization: Address: MIT!/e E -Mail: e P.✓ 4A/1 Telephone: - Z Local Contact: 're& q e- Qz GL,k/G Type of Event: Location s� Dates : leweA,Ajelyi r�/IP� � �/e PERMIT FEES: Fax: 4K0 ~ l�7 Title: Time(s): 6 All The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the request as required by the City of Cape Canaveral. FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title; Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Angela Apperson, Acting City Manager I05 Polk Avenue Cape Canaveral, FL. 32920 Phone: 321-868-1230 Fax: 321-868-1224 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 4120110 Item No. 3 Subject: Award bid for Racquetball Court Lighting Project to Florida Co -Op in the amount of $8,144.50. Department: Parks & Recreation Summary: This is a capital budgeted item approved in the 2009 -10 budget by Council. $10,000 was budgeted for this project. The project updates and corrects deficiencies in the lighting as follows: • The infrastructure on the support arms housing the lights have rusted away & the current Mercury Vapor Lights are very old & dated. • Each court houses 2 lights, which will be re -placed with 1 Sportsliter Solutions Light, thus reducing energy costs by half of what we currently use and reducing labor to replace a light, because the old lights were difficult and labor intensive to replace due to their positioning. We received bids from the following companies. All Florida Co -Op for $8,144.50, Himes Electrical Company for $8,950.00 & Bklyn Electrical Group for $10,561.00. The Parks & Recreation Department recommends Council accept the bid from Florida Co -Op in the amount of $8,144.50 for the Racquetball Court lighting re -placement project, because they were the lowest bid & were within our established budget. Requested Council Action: Award the Bid Financial Impact: $8,144.50 Attachments: light specifications and Quotes from each company named above. Submitting Department Head: Robert Lefever Date: 416110 Approved by C City Manager: Date: yl igl/p City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain CITY OF CAPE CANAVERAL om . QUOTE SUMMARY cwa c.way.nc DATE: DEPARTMENT: DESCRIPTION OF QUOTE REQUEST: e6tJ a ' r ac ea PREPARED BY: COMPANY NAME PHONE NUMBER e0 F-/tf- 9a9 X917 FINAL DECISION ON QUOTE: COMPANY INFORMATION MAILING ADDRESS: PHONE/FAX/CELL.- TAX ID HONE/FAX/CELL:TAXID COMPANY CONTACT: WEB ID / E-MAIL: COMMENTS 01 AMOUNT Ato S6 . ap //a /` Ca - �D'/,, C^1-erii -T-,— NG AGENT nT _ a VC)--uP,. 11 n c. 4008 Eant Calumbun Drivo, Tampa, FL 33605 Name: Robert Lefever Proposal #AFC1005 Company: City of Cape Canaveral, Florida Email: teloughridge@yahoo.com Date: March 30, 2010 RE: Cape Canaveral Racquet Ball All material (where applicable) is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from above specifications involving extra costs to include "over lime hours" will be executed only upon written orders, and will become an extra charge over and above this proposed bid. All additional hours reflected by change orders and/or due to other trades shall be added to the end of the proposed time allowed as additional time or extended completion date. Owner is to cavy fire, tomado, and other necessary insurance. All `All Florida Co -Op, Inc" employees are fully covered by Workers Compensation insurance. The undersigned doldoes hereby accept this proposal numbered AFC0001 dated; 30 March 2010, as provided by All Florida Co -Op, Inc.", a copy of which is attached hereto and made a part hereof by reference. Payment is to be made as specified therein. In the event it becomes necessary to institute any legal action or litigation to collect payment on this account, "AII Florida Co -Op, Inc.", shall be entitled to recover the cost of collection and reasonable attorney's fees, including attorney's fees through appeal. If payment is not received as stated in the proposal, of said work, a late fee of 1.5% of the outstanding balance shall be collected. In addition, a service charge of $50.00 shall be charged for any checks returned as NSF or UNCOLLECTED funds. *Please be advised all quotes are firm for 30 days only unless otherwise noted. Quotes accepted after the 30 -day period shall be subject to price inquiries due to material price fluctuation. Materials for work on said project will only be placed on order upon receipt of this document signed by an authorized representative of the firm in which it is addressed. This document does in no way suggest that AU Florida Co -Op, Inc.", is legally bound to said project or dollar amount, this document is merely a quotation for services. This document must be signed by an authorized representative of "City of Cape Canaveral, Florida", and must be submitted via fax to "All Florida Co -Op, Inc.', 1-813-6842013 prior to work commencing. By signing this document you are hereby acknowledging, understanding and accepting all terms and conditions contained herein. Scope of work; ✓ Remove existing lighting fixtures and turn over to City of Cape Canaveral ✓ Furnish and install junction boxes where necessary ✓ Install conduit to new fixture Iocation and install 1500w "Hubbell Sports Lighter" Fixture ✓ We will re -use all existing circuitry ✓ New lighting system will be operated via existing lighting controller We hereby propose to complete the scope of work for the sum of; $8,144.50 (Dight Thousand, One Hundred Forty Four Dollars & 50/100) Payment Terms to be made as follows; (1) (1) Contract Terms. (2) Net 30 Days. (3) First time "AFC" customers shall make payments; 50% prior to start of work for any work totaling less than $10,000.00, then balance in full at the completion of our work. All hourly rate work shall be COD. Any future work requested will be set up on payment terms based upon receipt of a completed credit application. Owner/GC Responsibilities: • Furnish job schedule at least 2 weeks prior to the anticipated start date. • Complete access to site for construction purposes. • Locate existing utilities only in cases when holes are being augured by unrelated sub -contractor. Holes being augured by this contractor requiring "locates" shall be the responsibility of this contractor. • Mark all pole locations with a wood stake and white marker paint. • All pole locations must be graded by GC per plans and specs prior to our arrival. • Extra costs associated with foundation excavation of non-standard soils Le.; rock, clich6, high water table. Collapsing holes, etc.). Standard soils are defined as soils that can be excavated using standard auguring equipment. • Drilling spoils (Removal of soil remnants). Continued--- 1X11 Flarida Co-Or3. In(--. 4608 Eacie Cc I w m b u c, F) r iv c. Tampa. FL 33605 Name: Robert Lefever Company: City of Cape Canaveral, Florida Date: March 30, 2010 Proposal #AFC1005 Email: teloughridge@yahoo.com RE: Cape Canaveral Racquet Ball Exclusions from this quote: • Overtime Hours (any work hours prior to 7.30 am and after 3:30 pm are subject to overtime rates) • Compressed Schedule • Permit fees • Cutting and patching of concrete slabs • Final connections to, signage and A1C controls. • General "Low -Voltage" Wiring, terminations and/or equipment for; Fire Alarm, Data, POS, Check Point, Telephone, Audio/Video, Security, Etc., however, All Florida Co -Op, Inc., shall furnish and install conduit "Stub ups", junction boxes and pull strings, where necessary for the convenience of others. • Additional costs as a result of poor design AND/OR incomplete plans and specs. Additional notes: Any work considered to be a "Change Order" or "Additional Work" shall only commence upon receipt of approved & signed orders. Under no circumstances will changes and/or additions be started without approval via a signed order by an authorized representative of the owner/General Contracting Company. Thank you for considering "All Florida Co -Op, Inc.," for this project. Sincerely, Pete Mininni, Estimator/PM mininni allfloridaco-o .corn All Florida Co-op, Inc. Florida State Certified Electrical Contractor, ECO001289 Quotation #AFC1003 Approved Disapproved Authorized by Print Name Title Date: 1 I Note: This proposal may be withdrawn by us if not accepted within 30 days. By signing this document you agree to terms of the proposed work and to make payments based upon the terms contained herein without deviation. II [MIMES OLECTRIC D OMPANY, INC. April 6, 2010 City of Cape Canaveral Re: Racquetball Courts To whom it may concern, We are pleased to submit the following proposal as per your instructions at the above referenced project. Please take note of the following clarifications: Includes - Take down existing fixtures. - Mount junction box at each fixture location. - Pipe around to the new fixture location and mount new Hubbell 1500 watt sports lighter. - All circuits are existing, so this price does not include any new circuits. - Fixtures are to operate the same way as before with no new controls. - Contractor will turn over all material to the city of Cape Canaveral. Total price for this project is $8,950.00. This quote is good for 30 -days. *Note: UPON UNFORESEEN CONDITIONS OF THE SOIL SUCH AS ROCK OR OTHER FORMATIONS, UNKNOWN ADDITIONAL TOOLING AND LABOR MAY BE REQUIRED IN ORDER TO COMPLETE THIS PROJECT. ALL ADDITIONAL TOOLING AND LABOR WILL BE BILLED ADDITIONAL. Thank you for your consideration and please feel free to call if you have any questions or if I can be of further assistance. Respectfully Submitted, ��� Ceml Thomas Cook Estimator/Project Manager Acknowledged and Accepted by: Authorized Signature Print Name & Title 'i'Clas4.62D[0 Date 1040 Land O Lakes Boulevard • Lutz, FL 33549 - Phone (813) 909-1927 - Fax (813) 909-9776 • Post Office Box 516 - Lutz, FL 33548-516- B klyn E lectrical G i 12425 Cobblestone Dr Hudson, Florida 34667 PROPOSAL 1323 To: Tom Loughridge EC130010091 727.967. Fx: 727.862. DATE Tuesday, February 16, 2010 Attention: RE: Cape Canaveral Racquetball Courts We are pleased to submit the following bid for Electrical work on the above mentioned project. Our estimate is epared based on the following; 1 Remove existing light fixtures 2 Mount junction boxes at each fixture location 3 Run conduit around to the new fixture location and mount Hubbell 1500 watt Sports light 4 All circuits are existing, price does not include new circuits 5 fixtures will operate from existing switch unit 6 Contractor will tum ove all material to the city of Cape Canaveral EXCLUSIONS We exclude any Power or Utility Company charges. No permit fees are included. We exclude any Engineering of this project. We exclude any tufting, coring, boring, patching, removal or disposal of drywall, finished surfaces, concrete, substrate and etc. No access panels are included. No roof penetrations or pitch pockets are included. We exclude any concrete work including but not limited to pole bases, housekeeping, generator, transformer or any other type of concrete pads. Fire stopping is limited to fire caulking around penetrations. No fire rated assemblies etc. Mechanical controls and wiring not included. 0. Price is based on current material pricing. Any cost increase in material (wire, conduit, etc.) due to commodity fluctuations, availability from increased requirements of recent natural disasters, strikes, warehouse shutdowns, etc., that is out of our control will be forwarded to the G.C./Owner. TOTAL ELECTRICAL BID: $10,561.00 BB k�Electrical Group, LLC t�f 0 SPORTSLITER® SOLUTIONS Integral Ballasted Axial Optics Dimensions EPA 04< .03 m2 fit- 1 E k' �A Integral Ballasted Axial Optics A B C D E 22.87" 579 mm 407 mm 51 i mm 223 mm 140 mm Note: Aimed 40° below horizontal. SLS Housing Die cast aluminum housing- Isolated die cast aluminum socket housing. Isolated ballast compartment. Isolated capacitor compartment. Isolated wiring chamber (maximum 900 input cord.) Vertical aiming/repositioning memory. Horizontal aiming indicator (for FAST AIM technology.) LektrocoteO polyester powder paint finish (gray.) Optics Anodal@ finished parabolic reflector. Four point latching. Stainless steel lens ring. Stainless steel door hinge. Silicone gasketing. Tempered clear glass lens. Filtered optics. Lamp support standard. 22 718' diameter maximum. Installation Pre -wired with 1613 STOW -A cord and plug. One captive mounting boll: (314` dia.) installed in fixture. Aiming sight included. FAST AIM system. Modular shipment (ballast/optics.) Single ballast cover plate for easy access. Special Features 1 g, 100,000 cycle vibration tested. Wind tunnel tested to 125 m.p.h. Captive hardware. Hubbell Gard'" treated external hardware. UL 1572 listed and CSA NRTUC certified for 40°C ambient operation. External fusing access. Mogul socket, 4kv pulse rated, 600v rated. IP 55 suitability. 100% factory electrically tested. Designed as a system. Manufactured in an ISO -9002 facility. Orderina Informatic ® series SLS watt lamp type ballast beam dist voltage sol. oord lamp options H 1 1 SS I L SERIES BEAM DISTRIBUTION SOLUTIONS CORD SLS Sportsliter System 2 NEMA type 2 SS Pre -wired cord and plug NEMA type 3 WAT3 4 NEMA type 4 LAMP 1000 1000 1000W 5 NEMA type 5 L Lamp (shipped separately) 1500 i50pW 6 NEMA type B OPTIONS LAMP TYPE VOLTAGE W (X) Fusing H _ Metal Halide - 5 480V PH2 Protective Hull BALLAST TYPE 8 fluad Tap® (120, 208, 240, 277V) H03 High output 1 HPF regulated PLA-- 6 Tri -Tap (120,2T7, 347) E 2201240V, 50 Hz. 1. Replete "X' with 1-120V; 2-208V; 3-240V; 4-277V; S4e0Y; "W. 2. Hull adds 4lba. to tout weight, aMpped separately. 3. Ftlgh "Lit POM $OckeL Lamp ordered separately. Comments �f1� ®Submitted by: Outdoor g� Floodlighting Hubbell Lighting, Inc., 2000 Electric Way, Christiansburg, Virginia 24073, (540) 382 -Bin •Far (540) 382-1526 SLS 4 -219$ City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/20/2010 Item No. Subject: Approve revised letters requesting support for the Kennedy Space Center 2011 Budget Department: Administrative Summary: At the April 6, 2010 Council Meeting, Council discussed proposed letters of support for Kennedy Space Center Funding. The discussion produced amendments which were to be made by Staff and circulated to Council for input. Before the approved letter Could be sent NASA's Administrator Bolden made announcements, which impacted the contents of the letter. Staff redrafted and circulated new letters to council for consideration. Due to the impending visit of President Obama, I feel it best to wait until after his visit to re -draft a new letter. The letter will be circulated as soon as possible and formally approved as a part of the April 20, 2010 consent agenda. Requested Council Action: Approve revised letters Financial Impact: nominal, as most of the letters will be sent via e-mail. Attachments: None at the time of publication of the agenda packet. Revised draft letters to be circulated as soon as possible. Submitting Department Head: NIA Date: Approved by Acting City Manager: �� LL�11�ei�8� Date: 4114110 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: April 20, 2010 Item No. 6 - Subject: Subject: Fee waiver for outdoor entertainment event — American Legion Cancer Walk Department: Building Summary: The American Legion has requested that City Council waive all outdoor entertainment event fees for their Cancer Walk. In accordance with sec 10-73(b) the City Council may waive the fees for non-profit organizations_ The American legion Post 348 is a Florida non-profit organization. Requested Council Action: Approval of fee waiver Financial Impact: $500 application fee Attachments: ❑ Supporting Documents Reviewed • AppIication • G.L. Insurance policy • Map of walk • Div. of Corporations records search Submitting Department Head: Todd Morley Date: April 13, 2010 Approved by City Manager: Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ReV ised 02-23-10 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR OUTDOOR ENTERTAINMENT EVENT PERMIT R E C i.. I V E Application Date: 1 oS Q 1(� APR 0 6 2010 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. The approval of the City Manager is required for all Outdoor Entertainment Event Permits. Legally organized non-profit organizations may request a fee waiver. Such waiver may only be granted by the City Council, City Council approval is required for alcohol service at an Outdoor Entertainment Event. Name of Applicant: Q., • 1 C C. Q- ot1 Title: '>>n t:.�C� > G Q•+� Firm/Organization: f -1. 3ac1 aa Address: , Q� L1 Y1 C.o, h �� P1[� � � �h�lV�t� �- t E -Mail - Telephone: Cell: Local Coutact:\'k---W+ t. %a r'j ,("� _ Local Address (if different from above) 4 \ (:3 <F'�3 Type of Event: I—e G► C� Will food be served at the event? YES _ NO FAX: Title:�n _ "' , L+' —C. cA,,, rl_-A V� Total number of people expected throughout the duration of the event: ?j () Total maximum peak attendance (at any one time): Total parking available (on site and offsite):? " 16 G Catering Set -Up Date: Rental Set -Up Date: ��� Breakdown Date: _ Event Date(s):. � fN Location(s): C. { Important: Applicant is to attach site pian(s) which includes (at a minimum): a. Site vicinity map. b. Property lines, paved areas, grass areas, sidewalks and streets. c. Existing structures, their uses and their relationship to property lines, easements, streets, etc. d. Proposed temporary structures and usage areas, including tents, fencing, gates, concession areas, viewing stands, stages, temporary electrical poles, generators, fire extinguishers, aid stations, connections to potable and waste water systems, restroom facilities and dumpsters. (1) For outdoor entertainment permits which include night-time activities, provide a lighting layout - e. Total number of on-sitc parking spaces and loading zones. f. Total number of off-site parking spaces. g. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. Revised 02-23-10 (1) .For outdoor entertainment permits which require the closing of streets, a street closure plan shall W submitted. Such pian shall depict the location of traffic lights and re-routed traffic routes. Such plan shall also describe any proposed traffic control devices, physical barriers and traffic -directing personnel. h. Location of public address sound system(s). Please indicate which of the following are requested: OTralfic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑Vehicle Parking on City Property ❑Use of City Seal for promotion OService of alcohol ee waiver (Non -profits and City -organized events only) QOther (please specify): If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application roust also be submitted along with all pertinent information relating to the temporary structures and their proposed location. By signing this application, the applicant acknowledges and agrees to the following provisions: L INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than ($1,000,000.00) per person for bodily injury, one million dollars ($1,000,000.00) per accident and one million dollars ($1,000,000.00) per occurrence, indemnifying the city as "additional insured". If alcoholic beverages are to be dispensed, served, sold or distributed at an outdoor entertainment, the applicant(s) shall in addition provide liquor liability insurance in the amount of five hundred thousand dollars ($500,000,00). The original or duplicate of such policy shall be attached to the application for an outdoor entertainment event permit, together with adequate evidence that the premiums are paid. Name of Insuranc'•. e l.�e-.`� 6.dh_ �l VA01icy I��.� -_ �,'--_____._--- ExpirationDate: � y` S ia II. PROMOTIONAL AUTHORIZATION C3 0). U Q 9 C3 Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the outdoor entertainment event as required by the City of Cape Canaveral. ESTIMATED COSTS (to be completed by City staff) Brevard County Sheriffs Office: Canaveral Fire Rescue: Building Department: Public Works Department: Recreation Department: Other: ESTIMATED TOTAL COST: Revised 02-23-10 IV. EXEMPTIONS Legally organized non-profit organizations and City -organized events may seek a waiver of any of the outdoor entertainment event fees provided that the City determines that all code sections dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code City Council approval is required for any fee waiver. V. APPLICATION FEE Unless otherwise exempted, the applicant agrees to pay an application fee of $500 VI CLEAN -DP DEPOSIT The applicant agrees to provide all necessary labor and/or equipment to effect a full and complete clean-up of property in and around the site, provided such clean-up results directly or indirectly from the outdoor entertainment event. Additionally, the applicant agrees to submit a clean-up deposit of $500. If, in the discretion of the City Manager, it becomes necessary to utilize City labor and/or equipment to complete such clean-up, the costs of such clean-up shall be deducted from the deposit. Any unused portions of the deposit shall be returned to the applicant. "C'r AF;FNla Date Q1VJZ- 1, Zolo Signat&e of ApplicHat or Representative/Title Printed name of Applicant or Representative Approved by City of Cape Canaveral: Signature of City Manager Signature of Outdoor Entertainment Event coordinator Signature of BCSO, Canaveral Precinct Commander Signature of Fire Chief Signature of Building Official Signature of Public Works Director Signature of Recreation Department Director Date: Date: Date: Date: Date: Date: Date: Applicant shall ensure that a copy of this approved permit and all attachments shall remain posted onsite for the duration of the outdoor entertainment event. For further information, please contact: Outdoor Entertainment Events Coordinator: Todd Morley, Building Official 7510 N. Atlantic Ave. Cape Canaveral, FI.32920 Phone: (321) 868-1222 Fax: (321) 868-1247 ACORD. CERTIFICATE OF LIABILITY INSURANCE "AIFIMM"»'""""' PRODUCER THtS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LOekton Rink earviceio ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEN. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 410679 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Z -CL -0020095-0 1/05/2010 1Eaneaa City, 130 64141-0679 800-669-9944, INSURERS AFFORDING COVERAGE MAIC# INfA1RFu American Legion Poot #346 INSI.InEn Al• AIR SPeOialty Insura110e Company 12833 Challenger 7, Inc. INhl1HFK H: IAUFr{ u'i{:FNII ti o . l llrl 105 Lincoln Avenue IN}xA{}R r.: I:LA)MSM/�DC OCCUR iNS1JREn D: Cape Canaveral, FL 32920 INh}IHFH h: S 'Oi61TJ y : I -Tei X7 TJ IF 1701 icim Of IN1.;tJRAN1cr t ISTrD nri OW I IAVr RMN ISSUM TO T111- INst)nrr) NAMrrj APA)Vr f nn T[ Ir Poi icy Prnior) INFArATri), NOTVATl MTANOING ANY nrolllnrwNT, TrnM On CONDITION OF ANY C:ONT11ACT Cln OTIIrn r)oC:IJMrNT WITI I nrsi'r(-:T TO WWII I TIIIS (.rnTirir.ATr MAY P.r Issurn on MAY PrnTAIN, Ti IF INSIMANcr Arronmr) RY Tl 1r 17-01 ICIM r)rSCnlRrr) [Jrnr[N [S SIJP IrC.T TO 'Al I T1 IF TrnMS, rXI:[ USIONS AND CONDITION -3 OF SUCI I RT MIN, A(icinrcwr I IMrrs S11OWN MAY I IAVr RMN nrr)UCrrr7 RY PAID (:t AIMS. 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DISEASE • POUCY LIMIT (I OT)1EPt DE5CASMON Or OPMATIONS 1 LOCATIONS lVEIIICLES i EXCLUSIONS ADDED BY ENDORSEMENT 1 SPEL'IAL PROVLSIONS Certificate Holder ip lipted an Additional Inau ad na revpecta Ceacer Walk on .Tuam 6, 2010 r,yw eC v1.LGR l,M 1Yl,L'I.I.N f IVFV SHOULD ANY Or T71E ABOVE DESCRIBED POLICIES BE CANCELLED WORE THE EXPFRATiON City of Cape Canaveral 13AIF IHFKH)F. 1H} IHf41HN(4 iNNI IRhR YY711 P-M*AVi II[ III MAH 2'CL-- I)AVH WHII IFN NII 110- 11) I Hl -.[:FK I]FIVA I F H01 DFK NAM }l1 III IHF IF}I, 8411 FnII [7HF II) IHI NII NHAII PQ HOSE 326 IMPO¢ NO ODUGAnot4 OR LLABILITY Or ANY KIND UPON TIIE INSUREn, ITS AGENTS OR HFI'KFr{FN In I rYbN. Cape Canaveral, FL 32920 AUTIIORIZEU REPREsENTAT1vE A&t,V Ru cy ( LOOT juts) D:#$068592 MAR 30,2010 01:40P Lockton A 05:00,05,00,02,0 93486 page 1 "I OCORD CORPORATION 19a$ r 3 REUSE RHES c z r r� A= Stottler Stagg & Associates �n Mo Ilww PHS C33ii ,,jr(32" 3113-7M Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit Florida Non Profit Corporation AMERICAN LEGION AUXILIARY, CHALLENGER 7 UNIT 348, INC. Filing Information Document Number N09000010451 FE11EIN Number 593301928 Date Filed 10/26/2009 State FL Status ACTIVE Principal Address 105 LINCOLN AVE CAPE CANAVERAL FL 32920 Mailing Address 105 LINCOLN AVE CAPE CANAVERAL FL 32920 Registered Agent Name & Address ALBRECHT. JERI 8817 N ATLANTIC LOT 92 CAPE CANAVERAL FL 32920 US Officer/Director Detail Name & Address Title PD SIMPSON, BARBARA 284 HITCHING POST RD. CAPE CANAVERAL FL 32920 Title SD RAC.TRACY 284 HITCHING POST RD CAPE CANAVERAL FL 32920 Title VPD YURCHUCK, VALERIE 4105 OCEAN BEACH BLVD. 26 COCOA BEACH FL 32931 Annual Re arts Report Year Filed Date 2010 03/0112010 http://www. sunbiz. orglscriptslcordet.exe?action=DETFIL&inq_doc_number=N090000l 04... 4/13/2010 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/20/2010 Item No. 6 Subject: 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., At Second Reading. Department: Administration Summary: This ordinance was approved at Vt Reading at the 04-06-2010 Regular City Council Meeting and is back for adoption at 2nd reading. Requested Council Action: Adopt Ordinance No. 05-2010 at 2" reading. Financial Impact: None Attachments: Draft Revised Ord. No. 05-2010 Proof of Publication Cover form from first reading and memo from P&Z Board. Submitting Department Heads: Approved by Acting City Manager: flpt4r-, Date: 04-09-2010 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, 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. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the R-2 Medium Density Residential District currently includes as permitted uses residential dwellings and public schools; and WHEREAS, the City Council believes that permitting child care centers as a special exception use in the R-2 District subject to certain conditions is consistentwith and will compliment the existing R-2 District uses; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and Ott type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the Ianguage existing prior to adoption of this Ordinance): CHAPTER 110. ZONING City of Cape Canaveral Ordinance No. _-2010 Page 1 of 4 ARTICLE I. IN GENERAL See. 110-1. Definitions. The following words, terms and phrases, when used int his chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Child care fqcdLty means any child care center or child care arrangement as defined b section 402.302, Florida Statutes, as may be amended. ARTICLE VII. DISTRICTS DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-294. Special exceptions permissible by board of adjustment. In the R-2 medium density residential district, the following special exceptions shall be permissible by the board of adjustment: x x x M Child care facilities licensed and operated consistent with Florida law, subject to the following conditions: The child care facility must be located in a multi -family complex and anX such complex shall not be an age -restricted community; fB) There shall be an adequate drop-off and pick-up area onsite located outside of the public right-of-way, One 1 parking space per employee plus one (1) parking space for everX eight (8) children shall be required, with a minimum of five (5) total spaces; Adequate visual screening and noise buffers from adjacent areas shall be provided. City of Cape Canaveral Ordinance No. _-2010 Page 2 of 4 (E2 Each application for a special exception under this subsection shall be accompanied by a site plan drawn to scale depicting the child care building, drop-off and pick-up area, parkingplay area and adjacent buildings. TJ Adequate lighting in the pick-up and drop-off area shall be provided. For purposes of this subsection, the term "child care facility" shall not include a "family day care home," as defined by Florida law. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010. ATTEST: MIA GOFORTH, Acting City Clerk 1st Legal Ad published: First Reading: 2nd Legal Ad published: Second Reading: ROCKY RANDELS, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. _-2010 Page 3 of 4 For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. -201C Page Page 4 of 4 TUESDAY, APRIL 13, 2010 NOTICE OF ZONING AMENDMENT Notice is Hereby; Given that the City of Cape Canaveral City ' Council will consider an amendment to the;code of ordinances to add child care facilities as a special exception use in the R - w 2 Residential Zoning District in the City of Cape Canaveral. A Public Hearing on the Proposed Zoning Amendment will be held on Tuesday, April 20, 2010, at' 7:00 P.M. in the -Cape -Canaveral Library, 201 Polk -Avenue, Cape Canaveral, -Florida., The City of Cape Canaveral proposes to Adopt the following ordinance: 6 dORDINANCE NO. 05-2010 gill, . ' AN ORDINANCE :OF THE CITY OF CAPE the CANAVERAL, �IrLORIDA, 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; 3 SEVERABILITY, AND AN EFFECTIVE DATE. j The'Ordinanc6 may; be viewed in its entirety in the City Clerk's Office at 105 Polk Avenue, Cape a Canaveral, FL .32920 during regular working hours; Monday through Friday, 8:30 A.M. to 5:00 P.M. pursuant to Section 286.1.015,- Florida Statutes, ,the City :hereby advises the public t6at:',if'a person decides to appeal any decision made by the ,,City, Council with respect to any matter considered at this meeting, that person .will need a record..of.the proceedings, and for such:_purpose,-that :person might need to ensure that a.-verbatirb record of the proceedings is made, 'whichrecord;; includes the testimony and evidence upon .which the appeal is to be based. This. -notice does riot constitute consent bythe City for the.; introduction or admission into evidence of otherwise Inadmissible 'or irrelevant evidence, nor does it aufiiorize 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 (868-1 ' 2 j 48 hours in advance:of the meeting. Mia Goforth; . Acting City Clerk - - 368153 Iu1FNT nwrn .r.•rrr.Ti.. r. City of Cape Canaveral . City Council Agenda Form Errol A -As% �e 2 d'�✓ City Council Meeting Date: 04/06/2010 Item No. Co Subject: ORDINANCE NO. 5-2010 - AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, 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. Department: Community Development Department Summary: The owners of Palms East apartments desire to start a child day care facility in the apartment complex. They intend to primarily serve the working parents who are tenants in their complex. They envision accommodating 25 to 40 children and house the day care in vacant space adjacent to the rental office. Our code does not currently allow for day care in the R-2 zoning district, therefore, the issue of allowing for day care in R-2 zoning was brought before the City Council at their meeting on February 2, 2010. The Council passed a motion to direct staff and the P&Z Board to consider and make a recommendation on allowing day care, both child and adult, in residential zoning districts. The P&Z Board considered the issue at its February 10, 2010 meeting and recommended that child care be added to R-2 as a special exception use. Adequate parking and drop-off areas; hours of operation; and noise and lighting were issues discussed by the Board. The Board requested that staff do additional research regarding criteria to evaluate the appropriateness of a child care facility at a specific location. City staff researched the codes of other local governments and the City Attorney prepared a draft ordinance that adds child care facilities to the list of special exception uses in Section 110-294 and included evaluation criteria. The P&Z Board met on March 10, 2010 to review the proposed ordinance and recommended approval with conditions. See attached P&Z recommendation and proposed ordinance for a listing of conditions. Requested Council Action: To adopt Ord. No.05-2010. Financial Impact: None Attachments: (1) Ordinance No. 05-2010. (2) Planning and Zoning Board recommendation. Submitting Department Head: Barry Brown Date:03129110 Approved by Acting City Manager: � Date: 3 130%o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain From City of Cape Canaveral Community Development Department !10 Hngeia Hpperson, Acting City Manager Mia Goforth, Acting City Clerk ; �ax Susan L. Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Amending Chapter 110 — Providing for Child Care Facilities in the R-2 Zoning District At the Planning & Zoning Board meeting held on March 10, 2010, the Board reviewed and held discussion regarding the proposed draft ordinance. Following discussion, the Board members unanimously voted to recommend approval of the ordinance to the City Council, to include the following conditions: (A) The child care facility must be located in a multi -family complex and any such complex shall not be an age -restricted community; (B) There shall be an adequate drop-off and pick-up area onsite located outside of the public right-of-way; (C) One (1) parking space per employee, plus one (1) parking space for every eight (8) children shall be required, with a minimum of five (5) total spaces; (D) Adequate visual screening and noise buffers from adjacent areas shall be provided. (E) Each application for a special exception under this subsection shall be accompanied by a site pian drawn to scale depicting the child care building, drop- off and pick-up area, parking, play area and adjacent buildings. (F) Adequate lighting in the pick-up and drop-off area shall be provided. Please schedule this ordinance for an upcoming City Council meeting agenda. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • PIanning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www ciryofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04120/2010 Item No. 7 Subject: Selection of a New City Manager Department: Administrative Summary: Interviews will be conducted on April 13, 2010 and April 17, 2010. Council is schedules to select a New City Manager at the April 20, 2010 Meeting. Once the Selection is completed. The consulting firm of Colin Baenziger and Associates will begin negotiating a contract. We anticipate placing the contract on the May 4, 2010 agenda for approval. Requested Council Action: Provide direction to Staff and the consultant Financial Impact: none for the selection Attachments: None Submitting Department Head: NIA Date: Approved by Acting City Manager: a jJ ,- ap� d -S Date: 419110 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form Council Meeting Date: 20 -Apr -10 -7:Acm N... -g-- Subject: 2009 Certified Annual Financial Report Department: Finance Summary: Presentation of the 2009 CAFR by the City Treasurer and overview of the financial position of the City at fiscal year ended September 2009 by the Audit Manager, Yvonne Clayborne, CPA. Requested Council Action: Accept the CAFR Financial Impact: None Attachments: X❑ Supporting Documents Reviewed Documents distributed 3130110 to all members of Council Submitting Department Hea : ndrea Bowers, City Treasurer Date: 31 -Mar -10 Approved b klianager: f)Zh, Date: City Council Action: Approved as Recommended Approved with Modifications Tabled to Time Certain Disapproved City of Cape Canaveral City Council Agenda Form Council Meeting Date: 20 -Apr -10 Subject: Beach End Parking Meters Department: Finance Summary: Power Point presentation on implementing Parking Meters at the beach ends as a potential revenue stream. Requested Council Action: Provide guidance. Financial Impact: If approved, increased revenue to City. Approximately $100,00 per year projected. Attachments: Supporting Documents Reviewed No supporting documents at this time. Will provide handouts of presentation at meeting. Submitting Department He a Bowers, City Treasurer Date: 31 -Mar -10 Approved by ity Manager: Date: q%1 ql l0 City Council Action: F-1 Approved as Recommended Approved with Modifications Tabled to Time Certain Disapproved 0 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/20/2010 Item No. _/ Subject: Approve Awning Purchase for Youth Center Department: Recreation Department 1 Canaveral Precinct Summary: In order to provide more room for the Canaveral Youth Center the idea was conceived to install an awning on the west side of the building. The awning would run the entire length of the building and would be 12 feet wide, effectively doubling the usable space of the youth center. The awning would provide protection from the sun and inclement weather, as well as providing an area for youth projects that tend to be "messy". Requested Council Action: Option 1: Approve full funding. Option 2: Approve funding in partnership with PAL (50150) Option 3: Deny Request Financial Impact: Three bids were collected and the least expensive was $3255.20 for non -insulated aluminum roof pans and $3837.91 for insulated pans. I suggest using insulated roof panels to reduce heat transfer and sound. If Council decides on Option 2, the financial impact is half of the above listed figures. Non -insulated panels for $1627.60, Insulated panels for $1918.95. Attachments: Submitting Department Head: Alan Moros and Robert Lefever Date: 04-13-10 Approved by Acting City Manager: O. k,\ Date: q// y'/a City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral ClIty Council Agenda Form Y, '-lam Ale - _// - Subject: Project Update: Transit ShelterslTransit BencheslTrash Containers Department: Public Works Summary: The Space Coast Area Transit Authority (SCAT)has selected the winning bids for the purchase of transit shelters/transit benches/trash containers for the City. The shelters, will be provided by Brasco International and the benches/trash containers will be Supplied by KorKat, Talc. The current status of the project is as follows: • City staff met with representatives of the Florida Department of Transportation (FDOT) on April 13 to resolve remaining issues with setback requirements. Details (as they become available) will be discussed at this City Council meeting. • City staff will meet with SCAT in the coming weeks to finalize project details (contractor payments, delivery dates, etc.). • SCAT will be providing funds for all locations throughout the City — six shelters and 17 bench/trash can locations. • Photographs of the transit shelters and transit benches/trash cans to be placed in the City are attached -- these designs are very similar to those selected by the City Council at the public workshop completed in May2009�. • Shelters should alTiVe six -eight weeks, after SCAT issues the purchase order. • Other project details (as they become available) will be discussed at this City Council meeting. Requested Council Action: Final approval of design -- City staff will then contact SCAT to, issue the purchase order. . . ......... Financial Impact. None. Attachments: [X] Supporting Documents Reviewed 1). Photographs of transit shelters/transit benches/trash cans from the winning bidders. Submitting Department Head: 7r111 Date: 611 __ Approved by City Mn aager: 0 Date: 4,/ /C _,"V _h City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain i I (eni # CPB60X on Kay Park Recreation. Corp. A Kay Park Relcreation Email Us: sales@kaypark.com or Call Us: 800-553-2476 Aholjf I! dl�.xu'@; Hv" I '2uiOWrt tj:' Ph 11 1=i VIM =11 ME ME M Shopping Cart 0 il9'nllls Request for Quote 0 rIerns AN (, CVP egrc,� ie,,t; Pwd� I > (3onU'0�(,, ii C'PB&)'X EMM Name Length Height Weight Specifications, Ap '11haable Page [.`.maVfh�'Ilage lel Snvel ([) Fnvun(­, llxl° LBench offers a unique look to a standard park bench,. avy, reinforced concrete provides years of trouble-fr service. Seat and back are 60 inch Hong, so it holds thre comfortably. Select concrete color for seat and back a d color and texture for legs. 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M199Q Search: By Keyword Page I of'2 SEFYRoH Sife� Rirnishings Bleachers Speedy Bleachers Park Benches Outdoor Tables Recycled Plastic Furniture Outdoor Grills and Fire Rings Trash Receptacles Pedal', Boats Concrete Site Amenities Strap Steel Furniture Drinking Fountains and Coolers Garden Furniture Bike Racks Windsor Series Planters Snuffers Crowd Control Shade Solutions Umbrellas Outdoor Sports Equipment Dogi-Pot Download a PDF file of our full printed catalog as well as our most recent sale flyers. L. e a ii ri M orle, Quick Ship httl):Hkayparl,,.tlioiiiasnet.coiiilitei-nlcnor ete-prodleoiici-ete-trash-conta�inerslctcs3Oft?&seo=... 4/9" /2010 Itern 4 CTCS30FJ` on Kay Park Recreation Corp. Terra Cotta Capacity 45 Gal. Durabrite Texture Lt. Sandblast g MW lrii� IN ermastone I aicjp -ji i:iage 1 Due to computer monitor variations actual product colors may vary from colors shown on website, Page 2 of'2 order, except on very large orders. Learn fdoire 'QUICK' SHIPI, NJ sur P.iKn r I . 1 1 F, r j �I l I n I I I A :k ,6i 7 1 F 0 irrI o, 1) 1 -11 k C ire htti-)://]<aypfrk.thoiiiarSilet,Colll/item/concrete-prod/concrete-trash-co ntainers/ctcs3Oft'?&seo,,, 4/ /2010 Subject: Approve: City of Cape Canaveral City Council Agenda Form City Council Meeting Date: April 20, 2010 Item No. /Z (a) Termination of Contract Between the City of Cape Canaveral (City) and Professional Diversified Services, Inc. (PDSI) for Mowing and Maintenance; (b) A New Contract between the City of Cape Canaveral and Nick's Professional Lawn Maintenance (c) A New Public Bid for the City's mowing contract to take effect July 1, 2010. Department: Public Works Summary: This contract was awarded to PDSI in 2008 for providing mowing services for the period July 1, 2008 through June 30, 2009. The contract was then extended for an additional year since City staff was pleased with the services provided by PDSI. However, in recent months, PDSI has not performed even to the minimum standards required under the existing contract (see attached memoranda). In general, the major issues are as follows: 1).PDSI could not perform palm trimming services due to lack of equipment and personnel — the City obtained the services of another landscaping firm to trim palms. 2). PDSI staff has been "borrowing" the City's reel mower to cut the Little League infield since their equipment has not been properly maintained. 3). City staff has been mowing City property the past week since PDSI has not been able to meet the required mowing schedule. 4). Large ruts were left in the medians along West and East Central Boulevards due to lack of equipment maintenance (see attached photograph). 5). Personnel experienced in horticultural practices are no longer on PDSI staff. 6). It is at times difficult to contact PDSI staff — a letter previously sent by certified mail was returned undelivered. 7). Incorrect pay requests are typically submitted each month - City staff "marks down" PDSI invoices each month for services billed but not provided. Therefore, City staff is seeking approval to terminate the existing contract with PDSI effective April 30, 2010 (see Article 27 of the contract). City staff has obtained a cost estimate for two months (May and June) from Nick's Professional Lawn Maintenance (Nick's), since this firm was ranked second by City staff in the public bid conducted in 2008. It is proposed that a contract be entered into with Nick's for the remainder of the existing PDSI contract period (May 1 to June 30, 2010). During this time period, City staff will re -bid the mowing work in a public bid — the selected firm will then be contracted beginning on July 1, 2010. A proposed contract between the City and Nick's has been prepared by the City Attorney and is included. Also attached is a Memo regarding a meeting that was held to discuss partnering with Keep Brevard Beautiful (KBB) and other neighboring cities for mowing and maintenance items. At this time we believe it is in the City's best interest to proceed with the bid package for the mowing and maintenance services. Requested Council Action: Approve termination of the contract between the City and PDSI. Approve a new contract between the City and Nick's for a two-month period (May 1 — June 30, 2010). Approve a new public bidding of the City's mowing contract - contract to take effect July 1, 2010. Financial Impact: PDSI would have billed the City up to $34,173.29 for providing mowing services for the months of May and June 2010. The quote from Nick's is in the amount of $29,214.90 for the same time period. Therefore, the proposed changing of contractors for this two-month period does not have a negative financial impact on the City's budget. The City will rebid this work in a public bid process in May 2010. Attachments: 1). Existing Contract between the City of Cape Canaveral and PDSI. 2). City staff memoranda and photograph of City medians 3). Quote from Nick's Professional Lawn Maintenance 4). Draft Contract from Nick's between the City of Cape Canaveral and Nick's Professional Lawn Maintenance 5). Table of work from bid specifications 6). Memo re Keep Brevard Beautiful (KBB) Submitting Department Head: Walter Bandish Date: 04-09-2010 Approved by Acting City Manager: Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved ] Approved with Modifications [ ] Tabled to Time Certain PDSI Contract PROFESSIONAL DIVERSIFIED SERVICES, INC. PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this Or day of '_ VL,. , 2008 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and PROFESSIONAL DIVERSIFIED SERVICES, INC., a Florida corporation, whose principal address is 1060 W. King Street, Suite D, Cocoa, Florida, 32922 ("Contractor"). WITNESSETH: WHEREAS, the City recently sought bids for its "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract; and WHEREAS, Contractor submitted the lowest bid in response to the City's invitation to bid and has the experience required to perform the required work for the City; and WHEREAS, the City and Contractor desire to memorialize their understanding regarding the scope of services to be performed by the Contractor as set forth in this Agreement; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 9 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — ENGAGEMENT The City hereby engages Contractor and Contractor hereby agrees to perform the services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any party hereto unless incorporated in this Agreement. ARTICLE 3 - TERM This term of this Agreement shall be for one (1) year, commencing on July 1, 2008 and terminating at midnight on June 30, 2009, unless either party chooses to exercise its Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 1 of 9 rights under Article 27, Termination. The parties shall have the option to extend the term of this Agreement for five (5) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Managern) shall review the performance of the Contractor annually at least ninety (90) days prior to the Agreement's anniversary date. The City Manager shall recommend a one (1) year extension or termination. Should the Contractor and City agree to extend the Agreement, the Contractor may be entitled to an increase in rates, in an amount not to exceed one half (112) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to the same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. ARTICLE 4 -- AGREEMENT ADMINISTRATION Administration of the Agreement shall be under the general direction of Kay McKee, Streets Department Supervisor, who shall act as the City representative during the performance of this Agreement. The Agreement Administrator for the Contractor is Darrell Mack, who will also serve as the Contractor's day-to-day contact person. Each party to this Agreement agrees to provide written notification within fifteen (15) days, should the representative of either party change during the term of the Agreement. ARTICLE 5 -- SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the type of services as set forth in Exhibit "A," Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 6 — PAYMENT OF CONTRACTOR The City shall pay to Contractor $164,408.01 for mowing and maintenance of the certain landscaped areas of the City and of the Central Ditch, as described in Exhibit "A," Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. Professional Services Agreement City of Cape Canaveral ! Professional Diversified Services, Inc. Page 2 of 9 ARTICLE 7 — TRUTH -IN -NEGOTIATION CERTIFICATE Signature of this Agreement by the Contractor shall act as the execution of a truth -in - negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. ARTICLE 8 -- INSURANCE In the performance of work and services under this Agreement, Contractor agrees to comply with all Federal, State and Local laws and regulation now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Contractor shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Contractor shall make this same requirement of any of its subcontractors. Contractor shall indemnify and save the City harmless for any damage resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Contractor agrees to maintain during the term of this Agreement: COVERAGE General and Auto Liability Professional Liability (if applicable) Worker's Compensation MINIMUM LIMITS $500,000 per personlincident $1,000,000 incident $1,000,000 Statutory Neither Contractor nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City's Agreement Administrator with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The contractor's insurance policies should be endorsed to add the City of Cape Canaveral as an Additional Insured. The Contractor shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be Professional Services Agreement City of Cape Canaveral / Professional diversified Services, Inc. Page 3of9 cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. ARTICLE 9 -- INDEMNIFICATION The Contractor shall indemnify and hold harmless the City, officers, servants, and employees from and against any and all claims, liability, damages, losses, causes of action and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other person employed by the Contractor in the performance of the Agreement. ARTICLE 10 —SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the highest accepted standard of safety. The Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act (OSHA), and any other pertinent Federal, State or Local Statutes, rules or regulations. The Contractor and any subcontractors shall bear full responsibility for payment of any fines or other punishments resulting from violation of any such statutes, rules or regulations. ARTICLE 11 —NONDISCRIMINATION The Contractor warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin or physical handicap. ARTICLE 12 — DRUG FEE WORKPLACE In accordance with section 287.087, Florida Statutes, Contractor warrants that it is a drug free workplace. ARTICLE 13 -- PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO Professional Services Agreement City of Cape Canaveral I Professional Diversified Services, Inc_ Page 4 of 9 ($15,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 14 — EXCUSABLE DELAYS The Contractor shall not be considered in default by reason of any failure in performances if such failure arises out of causes reasonably beyond the Contractor's control and without its fault or negligence. Such causes may include, but are not limited to: Acts of God; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. ARTICLE 15 — ARREARS The Contractor shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Contractor further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 16 —WARRANTY The Contractor warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE 17 — INDEPENDENT CONTRACTOR The Contractor agrees that it is an Independent Contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. ARTICLE 18 —ASSIGNMENT This Agreement may not be assigned without the prior written consent of the City. Any attempt to assign this Agreement without prior written consent of the City shall render the Agreement null and void with respect to the attempted assignee. The City shall not unreasonably withhold consent provided that the Contractor provides the City with information it requires including, but not limited to, a sample contract from the proposed assignee, proposed fee schedule, operating history of the assignee and a contact person representing the assignee, This information shall be provided at least 60 days prior to the target date for assignment by the Contractor. Professional Services Agreement City of Cape Canaveral 1 Professional Diversified Services, Inc. Page 5 of 9 ARTICLE 19 — SUBCONTRACTORS No part of this Agreement shall be sublet without the prior written approval of the City. If the Contractor shall sublet any portion of this Agreement, the Contractor shall be fully responsible to the City for acts and omissions of a subcontractor, and of persons either directly or indirectly employed or retained by Contractor. The subcontractor is subject to the same contractual provision as is Contractor under this Agreement, including but not limited to insurance requirements, records maintenance, and audit requirements. ARTICLE 20 — NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved to the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. ARTICLE 29 — CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 22 —ACCESS AND AUDITS The Contractor shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Contractors normal business hours for a period of two (2) years after the Contractors final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Contractor shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period form the original payment due date(s) to the payment by the Contractor of all monies owed. ARTICLE 23 — ENTIRE GREEMENT The City and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 6of9 ARTICLE 24 — AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Contractor, and may be implemented only after this agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the Contractor of the City's notification of a contemplated change, the Contractor shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Contractor shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue a Contract Amendment or Change Order and the Contractor shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. ARTICLE 26 — SEVERABILITY If a word, sentence, phrase, clause or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, phrase, clause or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, phrase, clause or paragraph did not exist. ARTICLE 26 — NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Copy to: Walter Bandish, Public Works Director City of Cape Canaveral P.D. Box 326 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Professional Diversified Services, Inc. Mr. Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 Professional Services Agreement City of Cape Canaveral l Professional Diversified Services, Inc. Page 7 of 9 Attn: Darrell Mack 1060 W. King Street Cocoa, Florida 32922 ARTICLE 27 — TERMINATION This Agreement may be terminated by the Contractor upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Contractor. It may also be terminated by the City with or without cause immediately upon written notice to the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in'process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 28 — EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Contractor hereunder. ARTICLE 29 — REMEDIES The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be held in Brevard County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statue or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other of further exercise thereof. ARTICLE 30 — ATTORNEYS' FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fee, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Professional Services Agreement City of Cape Canaveral f Professional Diversified Services, Inc. Page 8 of 9 ARTICLE 31 —SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($900,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: B _ Srus4 n':Stills, City Clerk ., ,:ITNESSES,,: etk Prin ' Name; Axe � CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. B. Rocky Randel , Mayor CONTRACTOR: Professional Diversified Services, Inc., a Florida corporation. By Pri Tit. Professional Services Agreement City of Cape Canaveral) Professional Diversified Services, Inc. Page 9 of 9 City Staff Memoranda Jeff Ratliff From: Sent: To: Cc: Subject: Attachments: Walt, Please see attached. Thanks, K Kay McKee [kaymc-cape@cfl.rr.com] Tuesday, April 06, 2010 4:27 PM Walt; Jeff City - Ed Lawson PDSI PDSI - no show.doc Walt & Jeff, As you know yesterday I had a visit from PDSI employee Tobias and subsequently talked to Mr. Mack concerning numerous issues. I told him he had to repair his equipment and in detail explained the safety hazards his broken down equipment had caused. I also told him that his employees had no money for fuel and were waiting to go to work. He said he was coming right out to take care of it. I told Tobias not to use the equipment until it is repaired, i.e.; blades sharpened, tires replaced, and deck level. There has been no response. Since we are entering growing season, I told Mr. Mack last week that 4 cuts were needed in April. The Street Division will begin mowing the City facilities tomorrow morning. Since we are maintaining the little league field, mowing may be delayed a little on game days. I have spoken to the Recreation Director and told him his facility is on schedule for Thursday AM for his weekend racquetball tournament. If at all possible maybe you could mention during your council report about our dilemma? Thanks, K Jeff Ratliff From: Kay McKee [kaymc-cape@cfl.rr.com] Sent: Monday, March 22, 2010 1:49 PM To: pdsi2000@hotmail.com Cc: Jeff; City - Ed Lawson Subject: Mowing Maintenance Darrell, Please have all of Manatee Park mowed for a special event/Art Show this coming weekend March 27. There are tall weeds in the open acreage area. The public works complex also needs to be mowed. Mowers have created deep ruts in the medians throughout the City. I am very concerned for public safety due to this condition. Until mower blades are sharpened, wheels, tires and maintenance is pulled on the machines, further damage will occur by taking mowers on the medians. Please attend to these issues immediately. Thanks, Kay McKee 1 MEMORANDUM CITY OF CAPE CANAVERAL TO: Jeff Ratliff/Assistant Public Works Director FROM: Kay McKee/Public Works Supervisor DATE: March 11, 2010 SUBJECT: PDSI Over the past several months PDSI has been non-compliant in several areas of their contract. The following is a list of items in non-compliance: • After the business manager/on-site Forman, Jonathan, left the company, a meeting was held with Mr. Mack early this year. We told him he needed someone versed in current horticultural practices, (Responsibilities section #2) to coordinate and correctly execute the work. He assured us someone would be starting the next week. To my knowledge no one ever did. • Damage to the landscape turf areas in the form of ruts is now present in many of the median throughout the City. This is most likely due to an imbalance in the mower decks, tires not aired properly, and blades not being sharpened There may also be an issue with the weight of the propane tanks from improperly maintained equipment. (#7 Contractor responsibility). • PDSI was unable to complete the tree trimming portion of their contract due to 1) Not having the equipment to do the work. 2) Not having personnel to complete the work. • PDSI has not had the proper reel mower equipment to maintain the infield Bermuda grass at the Little League field. They have had to borrow our push reel mower. I have been told by the owner their reel mower would be sharpened and in working condition, but over three weeks later it still is not. • Although Mr. Mack has provided his cell phone number, calls are not returned. Customer service is poor and issues have not been solved in a timely manner. ( # 3 contractor responsibility). • Incorrect pay requests have been submitted several times over the past few months. These requests claim work that has not been completed. This has resulted in additional hours of work for staff to follow up and recreate corrected requests. C: Walter Bandish/PWD Ed Lawson/Administrative Assistant File City of Cape Canaveral cm" CAM CAM%TM February 2, 2010 Professional Diversified Services, Inc. 400 Barton Boulevard, Suite #204 Rockledge, Florida 32955 Attn: Mr. Darryl Mack Dear Mr. Mack: On January 5, 2010, a meeting was held at the City of Cape Canaveral (City) Public Works Facility to discuss issues that had arisen with the landscape maintenance contract with Professional Diversified Services, Inc. (PDSI). During the meeting, Jeff Ratliff, Walter Bandish and I expressed our concerns about reported nonpayment of pertinent PDSI accounts, issues with your employees receiving their pay, and equipment maintenance problems. You assured us that these issues were being resolved and were not necessarily factual. We also asked if the balance of the palm trimming would be performed by PDSI. You stated that you no longer had tree trimming staff available to perform the work. It was agreed that the City would obtain prices and negotiate with another contractor to complete the work. Therefore, PDSI will not charge the City for any tree trimming services under this contract. Mowing frequency was also discussed at the meeting. It was agreed that you were presently on a ten (10) day mowing schedule (since then you have gone to a fourteen [14] day schedule), but that the mowing of the little league infield is to remain on five (5) day schedule. In addition, City staff reiterated the importance of sharpening mower blades especially with the potential damage from the cold weather. We also spoke about the physical address of your office and contact telephone numbers. You stated that you would be moving back into your office soon after repairs were completed to the building and that the telephone numbers would be connected soon. Thank you for your cooperation in this matter. Please call my office to discuss any contract related issues. Sin erely, r ,, Kay McKee Streets Department Supervisor cc: Walter Bandish/PWD Jeff Ratliff/APWD 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 wwwciryofcapecanaveral.org • email: ecapecanaveral&fl.rrcom City of Cape Canaveral em OF eui enuVEPeu February 2, 2010, Professional Diversified Services, Inc. 400 Barton Blvd. Suite 204 Rockledge, FL Dear Mr. Mack, We are in receipt of your January invoice. There are discrepancies that need to be corrected before payment can be made. Under Bid Area 1, hedge trimming was not performed in the following areas: (H) Cape View Tree Line, (J) 401/N. Atlantic Ave., (P)Columbia Dar. (Q) Thurm Blvd., (R) Manatee Park, (S) Banana River Park, (U) N. Atlantic Ave. Entrance Sign. Under Bid Area 11, Rights -Of -Ways were only cut (1) one time in January. Please make these changes and send the corrected invoice. Several months ago, i asked your staff to let me know when trimming was being performed. This has not happened. In late November I also asked them not to trim any hibiscus, crotons or tropical foliage until after all danger of frost had past in the sprung. Some of the tropical has been trimmed. For the month of February please continue with the (5) five day mowing schedule on the Little League infield. All of Bid Area 1 will be mowed (2) two times. Hedges do not need to be trimmed at all. Rights -Of -Ways should only be mowed (1) one time. Thank you for your cooperation in this matter. Sincerely, �alj -Mccek— Kay McKee Public Works Supervisor C: Walter Bandish/PWD Jeff Ratliff/APWD Ed Lawson/Administrative Assistant 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1.220 Fax: (321) 868-1248 wwwcityofcapecanaveral.org • email: ccapecanaveral@cfl.rrcom . \� ���\��� I Quote from Nick's Professional Lawn Maintenance Jeff Ratliff From: Laura Jean [nicslawn@bellsouth.net] Sent: Monday, March 22, 2010 3:22 PM To: Jeff Ratliff Cc: kaymc-cape@cfl.rr.com Subject: Re: Quote on grounds maintenance service Jeff Ratliff In Response to you email, we are providing you with a monthly cost for the months of April, May & June of 2010 for the grounds maintenance for the City of Cape Canaveral, based on the cutting schedule provided by Kay Mckee. • April $13,469.40 (4 cutting weeks) C C3 (X' ■ May $13,469.40 (4 cutting weeks) ■ June $15,745.50 (5 cutting weeks) These prices do not include the palm tree trimming & the slope mowing of the Canaveral central ditch. Thank you, Nick Stipanovich ( j Vice-PresidentC 1 Proposed Contract with Nick's Professional Lawn Maintenance NICK'S LAWN SERVICE, INC. PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day of April, 2010 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and NICK'S LAWN SERVICE, INC., a Florida corporation, whose principal address is 140 N. Tropical Trail, Lot #18, Merritt Island, Florida, 32953 ("Contractor"). WITNESSETH: WHEREAS, the City sought bids in 2008 for its "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract; and WHEREAS, Contractor submitted the second -lowest bid in response to the City's invitation to bid and was not initially awarded the contract; and WHEREAS, the City has recently terminated its contract with the lowest bidder and desires to retain the services of Contractor on a short-term basis until it's prepared to seek bids for the new contract term; and WHEREAS, Contractor has the experience required to perform the required work for the City; and WHEREAS, the City and Contractor desire to memorialize their understanding regarding the scope of services to be performed by the Contractor as set forth in this Agreement; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — ENGAGEMENT The City hereby engages Contractor and Contractor hereby agrees to perform the services outlined in this Agreement for the stated fee arrangement. No prior or present Professional Services Agreement City of Cape Canaveral / Nick's Lawn Service, Inc. Page 1 of 9 agreements or representations shall be binding upon any party hereto unless incorporated in this Agreement. ARTICLE 3 - TERM This term of this Agreement shall commence on May 1, 2010 and shall terminate on June 30, 2010, unless either party chooses to exercise its rights under Article 27, Termination. ARTICLE 4 — AGREEMENT ADMINISTRATION Administration of the Agreement shall be under the general direction of Kay McKee, Streets Department Supervisor, who shall act as the City representative during the performance of this Agreement. The Agreement Administrator for the Contractor is Nick Stipanovich, who will also serve as the Contractor's day-to-day contact person. Each party to this Agreement agrees to provide written notification within fifteen (15) days, should the representative of either party change during the term of the Agreement. ARTICLE 5 — SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the type of services as set forth in Exhibit 'A" Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 6 — PAYMENT OF CONTRACTOR For the services performed under this Agreement, the City shall pay Contractor a sum not to exceed Twenty -Nine Thousand Two Hundred Fourteen and 901100 Dollars ($29,214.90) for mowing and maintenance of the certain landscaped areas of the City, as described in Exhibit "A," Scope of Services. The Contractor will invoice the City on a monthly basis. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 7 — TRUTH -IN -NEGOTIATION CERTIFICATE Signature of this Agreement by the Contractor shall act as the execution of a truth -in - negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. Professional Services Agreement City of Cape Canaveral 1 Nick's Lawn Service, Inc. Page 2 of 9 ARTICLE 8 — INSURANCE In the performance of work and services under this Agreement, Contractor agrees to comply with all Federal, State and Local laws and regulation now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Contractor shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement. Contractor shall make this same requirement of any of its subcontractors. Contractor shall indemnify and save the City harmless for any damage resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Contractor agrees to maintain during the term of this Agreement: COVERAGE General and Auto Liability Professional Liability (if applicable) Worker's Compensation MINIMUM LIMITS $500,000 per person/incident $1,000,000 incident $1,000,000 Statutory Neither Contractor nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City's Agreement Administrator with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The contractor's insurance policies should be endorsed to add the City of Cape Canaveral as an Additional Insured. The Contractor shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. ARTICLE 9 — INDEMNIFICATION The Contractor shall indemnify and hold harmless the City, officers, servants, and employees from and against any and all claims, liability, damages, losses, causes of action and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Professional Services Agreement City of Cape Canaveral 1 Nick's Lawn Service, Inc. Page 3 of 9 Contractor and other person employed by the Contractor in the performance of the Agreement. ARTICLE 10 — SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the highest accepted standard of safety. The Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act (OSHA), and any other pertinent Federal, State or local Statutes, rules or regulations. The Contractor and any subcontractors shall bear full responsibility for payment of any fines or other punishments resulting from violation of any such statutes, rules or regulations. ARTICLE 11 — NONDISCRIMINATION The Contractor warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin or physical handicap. ARTICLE 12 — DRUG FEE WORKPLACE In accordance with section 287.087, Florida Statutes, Contractor warrants that it is a drug free workplace. ARTICLE 13 — PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO ($15,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 14 — EXCUSABLE DELAYS The Contractor shall not be considered in default by reason of any failure in performances if such failure arises out of causes reasonably beyond the Contractor's control and without its fault or negligence. Such causes may include, but are not limited to: Acts of God; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. Professional Services Agreement City of Cape Canaveral I Nick's Lawn Service, Inc. Page 4 of 9 ARTICLE 15 —ARREARS The Contractor shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Contractor further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 16 —WARRANTY The Contractor warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE 17 — INDEPENDENT CONTRACTOR The Contractor agrees that it is an Independent Contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. ARTICLE 18 —ASSIGNMENT This Agreement may not be assigned without the prior written consent of the City. Any attempt to assign this Agreement without prior written consent of the City shall render the Agreement null and void with respect to the attempted assignee. The City shall not unreasonably withhold consent provided that the Contractor provides the City with information it requires including, but not limited to, a sample contract from the proposed assignee, proposed fee schedule, operating history of the assignee and a contact person representing the assignee. This information shall be provided at least 60 days prior to the target date for assignment by the Contractor. ARTICLE 19 — SUBCONTRACTORS No part of this Agreement shall be sublet without the prior written approval of the City. If the Contractor shall sublet any portion of this Agreement, the Contractor shall be fully responsible to the City for acts and omissions of a subcontractor, and of persons either directly or indirectly employed or retained by Contractor. The subcontractor is subject to the same contractual provision as is Contractor under this Agreement, including but not limited to insurance requirements, records maintenance, and audit requirements. Professional Services Agreement City of Cape Canaveral / tick's lawn Service, Inc. Page 5 of 9 ARTICLE 20 — NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved to the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. ARTICLE 21 CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 22 — ACCESS AND AUDITS The Contractor shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Contractors normal business hours for a period of two (2) years after the Contractors final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Contractor shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period form the original payment due date(s) to the payment by the Contractor of all monies owed. ARTICLE 23 — ENTIRE GREEMENT The City and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. ARTICLE 24 —AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Contractor, and may be implemented only after this agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the Contractor of the City's Professional Services Agreement City of Cape Canaveral 1 Nick's lawn Service, Inc. Page 6 of 9 notification of a contemplated change, the Contractor shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Contractor shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue a Contract Amendment or Change Order and the Contractor shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. ARTICLE 25 — SEVERABILITY If a word, sentence, phrase, clause or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, phrase, clause or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, phrase, clause or paragraph did not exist. ARTICLE 26 — NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Copy to: Walter Bandish, Public Works Director City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Nick's Lawn Service, Inc. Attn: Nick Stipanovich 140 N. Tropical Trail, Lot #18 Merritt Island, Florida 32953 ARTICLE 27 — TERMINATION City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 This Agreement may be terminated by the Contractor upon fifteen (15) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Contractor. It may also be terminated by the City with or without cause immediately upon written notice to the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor Professional Services Agreement City of Cape Canaveral 1 Nick's Lawn Service, Inc. Page 7 of 9 shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 28 — EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Contractor hereunder. ARTICLE 29 — REMEDIES The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be held in Brevard County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statue or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other of further exercise thereof. ARTICLE 30 — ATTORNEYS' FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fee, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, a[[ such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 31 —SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than 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 Professional Services Agreement City of Cape Canaveral 1 Nick's Lawn Service, Inc, Page 8 of 9 by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: By: Mia Goforth, Acting City Clerk WITNESSES: Print Name: Print Name: CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. 0 Rocky Randels, Mayor CONTRACTOR: Nick's Lawn Service, Inc., a Florida corporation. By: Print Name: Title: Professional Services Agreement City of Cape Canaveral I Nick's Lawn Service, Inc. Page 9 of 9 Table of work from Bid Specifications LU Y Z 0. U) Lf) U) W .. 0.m ;:o r a ai a' Z G m 0 a m a N J a a vd� C- Z o " n n _Y 0 aT. 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E E= c C N 4 J 5. a �. 5 4 E D m a E° ._ ti 3 D cn v E ._ ti D v E 3 o v f N° N o = D -, D T� a D �+ 'o E D �+ 'D E a � w r ° r w� q a c� l= °' c 'U � d- c m c o � w c w r 'z 3' E3 Em E �'3 3 3' 3 '3 E z° a CL a m4 a a a i i a NONE Elsom NONE NINE an on No MEN �_ 0�■ 0�■ Di O❑ 0� 0� 0� C_ N m N EL La CL 0$ = LU § !� 7 &qh a0 § 7E S ' __ +f zk « § %M / §2 �a S \ 2 a / - CD \�.\- \- c\LU � » Lu ` �IL k® k� \ \ �� X13 J§� � � \ca : _-z U 0 a.2 _§ \ 0 0 (� U) kt — ■ 0 � ] a m « a o - F, W r 0 0 c� w ui 2 Q r m - D. a c� oLL — W. F m � w W m Fa, LU _ ui ujlu wm CL LL O O a 2 LLJ � o 0 .E z z a z z z z 0 0 a Memo re Keep Brevard Beautiful MEMO TO: City Clerk's Office Attention: Mia Goforth, Acting City Clerk FROM: Walter Bandish Director, Public Works SUBJECT: KBB Memo DATE: April 13, 2010 On Monday, February 8, 2010 1 attended a meeting at Cocoa Beach City Hall. The purpose of this meeting was for Larry S. Weber, President, Keep Brevard Beautiful (KBB) to discuss and obtain input from representatives of the cities of Cocoa Beach, Cape Canaveral, Indian Harbor Beach and Satellite Beach on the possibility of using inmate labor to conduct all mowing operations throughout these cities. As this was the first meeting to be conducted, there were many concerns as to how this would/could be cost effective for the cities and just how the program would be operated. It is my opinion that this program is still in the planning stages and is at least 1 year out of implementation. There were many questions that remain unanswered. A follow up meeting will be scheduled at a future date. Respectfully, �A)9&�u %da"� Walter Bandish Public Works Director City of Cape Canaveral City oif Cape Canaveral City Council Agenda Form V Subject: Approve Change in Solid Waste Pick Up Schedule — Waste Pro USA, Contractor Department: Administrative Summary: This item was, previously considered by Council at the March 16, 2010 meeting and after much discussion regarding yard waste issues, the consensus among Council was, for Waste Pro to bqqq the item back. Requested Council Action: Approve the revised schedule Financial Impact: Less wear & tear on city street (less route duplication):. From a safety standpoint, there would not be any Saturday residential trucks on City streets. Any potential hazards would be removed from children, bikers and runners. Attachments: Current and Proposed Residential Route Schedules and Solid Waste Zone maps. Submitting Individual: Platt Loftis, Operation Manager Date: 4/13/10 Approved by Acting City Manager: Date: City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain f I IFff M 1&0 Pyr � ft" Monday: Yard Waste (city), Recycle (city), Solid Waste (Ocean Woods), and claw truck (yard waste piles). Tuesday: No routes, Wednesday: First day Solid Waste for city, except for Ocean Woods. Thursday: Second day Solid Waste for Ocean Woods. F i a :No routes. Saturday: Second day Solid Waste for city, except for Ocean Woods. Zone One: West side of AIA and North Atlantic Avenue Zone Two: Presidential streets up to Central Boulevard Monday: Yard Waste — entire City; Solid Waste, Zone L Tuesday: Solid Waste, Zone 2. Recycle service, Zone 1. Claw truck — city. Wednesday: Recycle, Zone 2. ThursdLay. Solid Waste 2" d day service, Zone 1. Frida : S. Waste 2nd day service, Zone 2. Recycle service, 2nd day— condos. 8 F E I ff :4 In F 91 21 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: April 20, 2010 Item No. ! a Subject: Demolition of structure located at 6395 N. Atlantic Ave. (a.k.a old Azteca Restaurant). Department: Code Enforcement Summary: The property contains an unsafe building and was properly posted in accordance with City Code Sec. 82-56 (Standard Unsafe Building Abatement Code). This code provides a procedure for a municipality to demolish an unsafe building and file a lien on the property to recoup expenses. On January 21, 2010 the Code Enforcement Board (CEB) recommended that City Council expend funds to demolish the building. Staff obtained four competitive bids. The lowest bid is $12,250. The recommendation included a provision for a retroactive $250/day lien should Council not agree to expend the funds. On April 20, 2010, the lien amount would be $27,500. If Council elects not to demolish, the lien will be filed immediately and will continue to accrue daily until compliance. Note: Foreclosure proceedings have been initiated on this property. The bank had previously indicated their willingness to sign a Consent To Demolition Agreement with the City to reimburse all demolition costs. However, the property owner has recently informed staff that he has filed for bankruptcy. The bank representative has confirmed that they are appealing, but admitted that the bankruptcy has the potential to delay foreclosure action for more than two years. The bank's position has caused them to withdraw their offer to sign a Consent To Demolition Agreement, as they are unsure of the outcome. The City Attorney's office has indicated that the unstable state of the Property Title creates a possibility that the Pity may have difficulty recou ing the lien. Requested Council Action: Approval of Code Enforcement Board Recommendation. Financial Impact: $12,250 Attachments: ❑ Supporting Documents Reviewed • Recommendation from Code Enforcement Board • Minutes from January 21, 2010 CEB meeting • CEB Board Order • Notice of Violation • Four demolition bids Submitting Department Head: Todd Mo ding Official Date: April 8, 2010 Approved by Acting City Manager: Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral Community Development Department To: Angela Apperson, Acting City Manager Todd Morley, Building Official From: Joy Lombardi, Code Enforcement Board Secretary ,?� Re: Recommendation to the City Council (Demolition -- 6395 N. Atlantic Avenue) On January 21, 2010 the Code Enforcement Board reviewed Case No. 09-000148. By a unanimous vote, the Board recommended that the City Council authorize the demolition of the property at 6395 N. Atlantic Avenue and lien the property for the cost of the demolition. Further, the motion stipulates that should the City Council decide not to demolish the property a fine in the amount of two hundred and fifty dollars ($250.00) per day will be imposed retroactively beginning on January 2, 2010 until the property is found in compliance. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & DeveIopment (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaverat@cfl.rr.com CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 21, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 21, 2010, in the Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens James Hale Karen Hartley Ralph Lotspeich MEMBERS ABSENT Walter Godfrey Lynn Mars OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Todd Morley Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney Building Official The Board members established that the next meeting would be held on February 18, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: Approval of Meeting Minutes: December 17 2009. Motion by Mr. Viens, seconded by Ms. Hartley, to approve the meeting minutes of December 17, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 21, 2010 Page 2 COMPLIANCE HEARINGS: Case No. 09-00117 — Violation of Section 82-12, Unsafe Building or Systems, 0 the City of Cape Canaveral Code of Ordinances; and Section 303 1, General: and Section 303.2, Protective Treatment: Section 303.4,. Structural Members; Section 303.6, Exterior Walls, 303.16, Doors,; Section 304.1 General; and Section 304.3 --Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape mCanaveral Code of _ Ordinances, 29Q Cape Circle — Banana River LP dba Banana River of Delaware LTD, c/o Helen M. Ward, R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the unsafe structure. Officer Alexander stated that the respondent was found in violation and was given until January 2, 2010 to comply by abating the violation, by repair and rehabilitation, or demolition in accordance with the provisions of the standard unsafe building abatement code. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of the Board Order and make a recommendation to the City Council to have the building demolished and file a lien for the cost of the demolition. If the City Council elects not to order the building demolished, a fine in the amount of $250.00 per day be imposed retroactively beginning on January 2, 2010, until found in compliance. Mr. Russell Mouton, representative for Mercantile Bank, testified that the property is in the process of foreclosure and includes 8.63 acres which encompasses the two properties with the Code Violations. He explained that the hearing for a motion for summary judgment is on March 15, 2010 and the foreclosure sale date will be set 30-45 days after that, if the bank is successful, they will take ownership of the property in early May. Mr. Mouton stated that their intention would be to bring the properties into compliance even if that means demolition of the properties. Officer Alexander stated the she met with Mr. Mouton on site and he informed her that he had already requested a demolition bid for the properties. Ms. Alexander informed the Board that the City has requested bids for the demolition as well. Mr. Mouton testified that they are willing to demolish the properties; however, actual demolition could be several months out. Todd Morley, Building Official, stated that the City needs to have three bids for demolition and since staff is requesting that the Code Enforcement Board recommend that City Council require demolition of the properties, Mr. Morley wanted the Board to have an approximate cost of the demolition. Officer Alexander stated that she requested bids from Atlantic Excavation, Doug Wilson Enterprises, and ABC Land clearing. One bid had already been submitted from Atlantic Excavation Inc. for both structures for fourteen thousand five hundred and sixty-five dollars ($14,565.00). Code Enforcement Board Meeting Minutes January 21, 2010 Page 3 Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non-compliance and file the amended board order (amended to add the council referral to demolish the property) or imposing the fine in the amount of two hundred and fifty dollars ($250.00) per day, to be retroactively imposed beginning on January 2, 2010. Vote on the motion carried unanimously. 2. Case No. 09-00148 — Violation of Section 34-97, Duties and Responsibilities for Maintenance; and Section 34-98, Building Appearance and Maintenance, of the City of Cape Canaveral Code of Ordinances, (6395 N. Atlantic Ave.) —Banana River LP, dba_Banana River of Delaware, LTD; North Atlantic Properties, LLC; Helen M. Ward, R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the unsafe structure. Officer Alexander stated that the respondent was found in violation and was given until January 2, 2010 to comply by abating the violation, by repair and rehabilitation, or demolition in accordance with the provisions of the standard unsafe building abatement code. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of the Board Order and make a recommendation to the City Council to have the building demolished and file a lien for the cost of the demolition. If the City Council elects not to order the building demolished, a fine in the amount of $250.00 per day be imposed retroactively beginning on January 2, 2090, until found in compliance. The Board's consensus was that the testimony and discussion of the prior case also applies to this case. Motion by Mr. Hale, seconded by Mr. Viens, to accept staffs recommendation and find the respondent in non-compliance and file the amended board order (amended to add the council referral to demolish the property) or imposing the fine in•the amount of two hundred and fifty dollars ($250.00) per day, to be retroactively imposed beginning on January 2, 2010. Vote on the motion carried unanimously. PUBLIC HEARINGS: 1. Case No. 09-00062 — Violation of Section 303 Exterior Structure General. of the International Property Maintenance Code, as adopted by Section 82-221, of the Cit, of Cape Canaveral Code. of Ordinances. (6850 NAve.)Atlantic AveYogi's Food & Bevera e Inc. Ya eshkumar S. Pate! PropeU Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the maintenance of the property. Officer Alexander stated that a site visit revealed numerous electrical and structural violations. Officer Alexander further stated that the main concern is with the gable fapade that is leaning forward and needs to be secured. She explained that there may be potential for the structure to fall forward with a strong wind. Officer Alexander stated that part of the electrical was repaired; however there are additional issues with the electrical and the property owner will be sent another notice of violation. Code Enforcement Board Meeting Minutes January 21, 2010 Page 4 Todd Morley, Building Official, testified that Yogi met with him and a contractor to inquire about the repairs. The contractor stated that he believed the problem was with the roof sheathing. Mr. Morley expressed his concerns that there was more damage than that but that he would issue a permit for the sheathing to be removed and replaced and require that the contractor schedule an inspection for when the roof is opened up; at which time Mr. Morley -could get in to inspect the structure. Should that inspection reveal a structural revision to the scope of the permit, a structural, engineer's design would then be required. Officer Alexander respectfully requested that the Board find the respondent in Violation of Section 303, Exterior Structure, General, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and be given until February 8, 2010 to come into compliance or be fined in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($75.00) per day thereafter until found in compliance. Discussion followed. Motion by Mr. Viens, seconded by Mr. Hale, to amend staffs recommendation and find the respondent in violation and be given until March 18. 2010 to come into compliance or be fined in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($75.00) per day thereafter be retroactively imposed beginning on the date the board order is received. Vote on the motion carried unanimously. 2. Case No. 09-00191 —Violation of Section 34-122(b), Public Nuisances Prohibited: Section 110-470, Fences. Walls and Hedges, of the City of Cape Canaveral Code of Ordinances. (Parcel ID: 24-37-15-00-00753.1-0000.00. 24- 37-15-00-00833.0-0000.00 & 24-37-15-00-00834.0-0000.00) -- Mermaid Ke LLC-, c/o Janice Greene, R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the maintenance of the properties. Officer Alexander stated that a site visit revealed the vacant properties were overgrown, and the fence is falling down. Officer Alexander presented a letter from Mr. Martin Greene which states that there are "many complex circumstances" preventing him to bring the property into compliance. 1. There is a legal dispute between Mermaid Key LLC and their bankers which renders Mermaid Key LLC unable to act on these violations. 2. There is a letter from St Johns River Water Management District (SJRWMD) which states "unless expressly exempt an individual or general environmental resources permit must be obtained from the district prior to anything being done on the land." 3. The portion of the property that abuts Discovery Bay is not accessible due to the fact that it is posted no trespassing. 4. The removal of the fence could cause the.homeless people to make the land their domicile, as it was prior to the fence being erected. 5. The fence prevents anyone from possible harm from alligators that are known to be present in the water hole on the North end of the property. Officer Alexander stated that her response to Mr. Greene on October 30, 2009 was that - she understood his concerns of the removal of the fence however the placement is in Code Enforcement Board Meeting Minutes January 21, 2010 Page 5 violation of the City Code. Further, the lot is overgrown and the property owner is responsible for maintaining the condition of the property by mowing the first fifteen feet of the property abutting any public right of way. Officer Alexander further stated that the fence and the dilapidated signs must be removed. Officer Alexander stated that she has had numerous complaints about this property. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-122(b), Public Nuisances Prohibited; Section 110-470, Fences, Walls, and Hedges, of the City of Cape Canaveral Code of Ordinances, and be given until February 8, 2010 to come into compliance or the fine in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($75.00) per day thereafter be retroactively imposed beginning on January 21, 2010. Motion by Mr. Lotspeich, seconded by Mr. Viens, to accept staffs recommendation and find the respondent in violation and be given until February 8, 2010 to come into compliance or the fine in the amount of one hundred dollars ($900.00) for the first day, seventy-five dollars ($75.00) per day thereafter be retroactively imposed beginning on January 21, 2010. Vote on the motion carried unanimously. (Copy of the Board Order to be sent to St Johns River Water Management District.) 3. Case No. 09-00159 —Violation of Section 30-27, Alarm Permit Required: Fee: Renewal of the City of Cape Canaveral Code of Ordinances 377 Imperial Blvd Unit C1)= Leasure Surfboards, Inc.. Edward C. Leasure, R.A. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. DISCUSSION: Draft Visioning Report. Todd Morley, Building Official, stated that a copy of the draft visioning report, created by the East Coast Florida Regional Planning Council, was included in their packets for the December meeting. Mr. Morley explained that the City Council would like to have one or two representatives to speak during a workshop on February 23, 2010 at 5:30 pm. Mr. Hale. and Mrs. Russel stated that they could attend. ADJOURNMENT: There being no further business the meeting adjourned at 8:08 P.M. Approved on this r y pp i� _da of , 2010. 1 7h _ Mary Russ li, Chairperson J6j'Lombardi, Board Secretary City of Cape Canaveral Community Development Department DE ENFORCEMENT BOARD F CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Banana River LP dba Banana River of Delaware, LTD; c/o Helen M. Ward, R.A. Owner of the Property located at: 6395 N. Atlantic Ave. Cape Canaveral, FL 32920 LEGAL: E 300 FT OF S 150 FT OF N 310 FT W OF ST RD Respondent, Case #09-00148 ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 19, 2009 and January 21, 2010 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 34-97, Duties and Responsibilities for Maintenance; and Section 34-98, Building Appearance and Maintenance, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 wwwcityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com Case ##09-00148 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented at the November 19, 2009 hearing, Respondent has violated the City Code, to wit: Section 34-97, Duties and Responsibilities for Maintenance; and Section 34-98, Building Appearance and Maintenance, of the City Code; 5. That at the. conclusion of the November 19, 2009 hearing, the Code Enforcement Board entered an Order Imposing Penalty on First Violation ("Board Order"), giving Respondent until January 2, 2010 to correct the violations on the Property and providing that if Respondent failed to correct the violations within said time period, that a fine of $250.00 per day would be immediately entered. 6. That the Code Enforcement Board held a duly noticed Compliance Hearing on January 21, 2010 and that Respondent was not present at the hearing. 7. That Respondent has failed to correct the violations existing on the Property within the time period set forth in the Board Order. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent did not correct the violations of the City Code found by the Code Enforcement Board to exist on the property by January 2, 2010, as required by the Board Order; 2. Further, the violations existing on the property constitute violations presenting a serious threat to the public health, safety and welfare, and that the City Council be notified of said violations pursuant to section 162.09(1), Florida Statutes, in furtherance of the City Council authorizing demolition of the property. If the demolition is not authorized by the City Council, a fine shall be immediately entered in an amount not to exceed two hundred fifty Dollars ($250.00) per day until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; any fine imposed pursuant to this paragraph shall be retroactively imposed beginning on January 2, 2010. 3. The Clerk of the Code Enforcement Board shall record a certified copy of this Order, as may be amended, in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is 1 are found to exist. Case #09-00148 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of January, 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA C� Mary Rus Il, Chairperson Copies furnished to: Banana River LP dba Banana River of Delaware, LTD; c/o Helen M. Ward, R.A. City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this —7e, day of �a.,� , 2010. Joy Lombardi, Board Secretary Duree Alexander, dode Enforcement ' er City of Cape Canaveral Community Development Department DE ENFORCEMENT BOARD OF CAPE CANAVERAL, FLORIDA .EVISED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2009-00148 A Florida Municipal Corporation, 09/30/09 Complainant, V. Owner(s) of the property located at: 6395 ATLANTIC AV N Respondent(s): Banana River LP, dba Banana River of Delaware, LTD. North Atlantic Avenue Properties, LLC CIO Helen M Ward R.A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) islare hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) islare not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) islare corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 6395 ATLANTIC AV N 2. Name and address of owner(s) of property where violation(s) exist: Banana River LP dba Banana River of Delaware, LTD Helen M. Ward, R. A. Helen M Ward R.A. 200 International Dr. # 206, Cape Canaveral, FI. 32920 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ceapecanaveral@cfl.rr.com Page 2 09-00148 There have been several complaints regarding the condition of your property. A permit has been submitted, but not processed due to additional information; therefore this notice is being issued. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. 3. Description of Violation(s) at property; Sec.34-98 Building appearance and maintenance Sec. 34-98. Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: (4) Buildings and appurtenances,'including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. 4. Recommendation to correct the violation(s) described above: The property is in need of maintenance. Please obtain a permit to repair/replace the roof and the rear portion of the building, which is being temporally shored to support the over hang section of the roof. Repair the soffit and facia. Please repair the parking lot and stripe as needed. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at t City of Cape Canaveral. (321-868-1222) Duree Alexander Code Enforcement Officer Dernoliflon Proposal RESTURANT DEMOLITION 6395 N. ATLANTIC AVE CAPE CANAVERAL, FL Prepared By: Central Ehvirohmehtal *erwi0es, file. Project Manager: TIMOTHY TIMSON Date: 01/21/10 Proposal Number: 10-197 Prepared For: MY ®f L%APw 0"Avf"L Address: 105 POLK AVE. CAPE CANAVERAL, FL 32920 Contact: DUREE ALEXANDER Office Number: (321) 868-1222 Fax Number: (321) 868-1247 E -Mail Address: alexander-cape@cfl.rr.com ��r ECIAiION central n� PRICING SHEET SHEET 1 OF 1 PROJECT RESTIURANT DEMOLITION CLIENT MY OF tAPE CANAVERAL LOCATION 6395 N. ATLANTIC AVE CAPE CANAVERAL, FL ADDRESS 105 POLK AVE. CAPE CANAVERAL, FL 32920 P.M. TIMOTHY TIMSON CONTACT DUREE ALEXANDER CONTACT # (407) 467-2371 OFFICE # (321) 868-1222 DATE Thursday, January 21, 2010 FAX # (321) 868-1247 PROPOSAL # 10-197 E-MAIL alexander-cape@dl.rr.com # "BASE BID" LINE ITEM PRICING QTY UNITS COSTIUNIT VALUE 1 MOBILIZATION OF CES, INC. EQUIPMENT AND EMPLOYEES IN AND OUT OF PROJECT SITE. PRICING BASED ON ONE MOBILIZATION. EACH ADDITIONAL MOBILIZATION IS $750.00 PER OCCURANCE. 1 # $750.00 $750.00 2 DEMOLISH AND COMPLETELY REMOVE EXISITNG COMMERCIAL . STRUCTURE DOWN TO DIRT TO INCLUDE CONCRETE PAD, FOOTERS, FOUNDATIONS, AND UNDER -PAD PIPING APPROXIMATELY 7,919 SF, FOLIAGE WITHIN 4' OF STRUCTURE, AND ASSOCIATED CONCRETE WALKS. 1 LS $9,000.00 $9,000.00 3 PERMITTING BY CES, INC. TO INCLUDE PREIPOST DEMOLITION INSPECTIONS, 10 DAY DEP NOTIFICATION, 1 LS $400.00 $400.00 4 SUPPLY AND INSTALL SILT FENCING AS REQURED APPROXIMATELY 400 LF 1 LS $560.00 $580.00 5 SUPPLY AND INSTALL HYDROSEED ON DEMO FOOTPRINT APPROXIMATELY 9,000 SF. 1 LS $790.00 $790.00 BASE BID $11,520.00 1.0% PROFIT AND.OVER HEAD $1,000.00 TOTAL BID $12,520.00 ALTERNATE LINE ITEMS PRICE EXCLUSIONS: PRICES QUOTED HEREIN DO NOT INCLUDE THE FOLLOWING ITEMS: 1 ASBESTOS SURVEYIABATEMENT 5 ANY BURIED OR UNFORSEEN ITEMS 2 SHORING/BRACING OF ANY KIND 6 CONSTRUCTION BARRICADES/FENCING 3 ASPHALT DEMOLITION 7 ANY REQUIRED CLEAN FILL TO BRING AREA TO GRADE 4 DUMPSTER ENCLOSURE DEMOLITION Authorized Signature: Date: SHEET 2 OF 2 tiTY OF CAPE eAN►VERAL 105 POLK AVE. CAPE CANAVERAL, FL 32920 DUREE ALEXANDER (321) 868-1222 (321) 868-1247 alexan der-cal2e0cfl.rr.com 1. Customer shall pay Central Environmental Services, Inc. the full sum of the accepted proposal amount for the faithful performance of this contract and all provisions covered herein. Payments will be made regardless of any damage claims. A 50% down payment is required on all jobs upon receipt of this proposal as a binding contract The only way this down payment can be waived is by: • Prior written, signed and approved consent by the owner of our firm. • A copy of that agreement is placed in our files • A quick pay plan based on our submission to your office of a pre -submitted schedule of values • NO retainage held upon completion of the demolition portion of the project Interest on overdue accounts will be accessed at a rate of one and one half percent (11/2%) per month or eighteen per cent (18%) per annum. 2. Any alteration and/or deviation from the above agreed scope of work will constitute the issuance of "Change to Contract" and extra work and/or labor shall not be performed until C.E.S., Inc. has a signed and accepted copy of that change to contract in their office which covers the additional costs required to complete the extra work(s). 3. Once Central Environmental Services, Inc. has received your signed proposal and it becomes a binding contract to proceed with the works covered therein, cancellation or forfeiture of this contract for any reason will necessitate the need to charge an administrative charge based on how much inner office work has been completed up to the point of cancellation. 4. Central Environmental Services, Inc. retains ° upon your acceptance of this proposal as a binding contract By allowing C.E.S., Inc. to secure the property immediately after signing of this contract, this helps render it secure and helping to minimize the possibility of any salvage theft Doing this also assists you in minimizing liability on your behalf to anyone who might be on your property unauthorized. 5. Customer agrees to supply Central Environmental Services, Inc with a recorded and valid "Notice of Commencement" upon request (when applicable) and is aware that all projects are subject to a lien under the provisions outlined in Chapter 713 of the Florida Statutes. 6. This proposal may be withdrawn at the option of Central Environmental Services, Inc. if not accepted within sixty (60) days of the date of issuance. Respectfully, �7 7� ACCEPTANCE OE PROPOSAL Upon acceptance of this document by both the customer and Central Environmental Services, Inc. (C.E.S., Inc.) this proposal becomes a legal and binding contract. In as much as our business (C.E.S., Inc.) is governed and established within guidelines of corporate structure, any time our contract is accepted, yet is superseded by the contract of another firm, our contract shall still be accepted as an article as a part of the overall contract and all conditions of our contract shall still be met. Signatures on each sheet, initials within the "Accepted" or"DecIined" spaces shall be executed and a copy of the "signed" original will be maintained in our files until the project has been completed and closed out. I hereby authorize Central Environmental Services, Inc. to furnish all materials, equipment and labor required to complete the scope of work covered in this contract, which I, the undersigned agrees to pay the full amount stated in said proposal and agrees to the terms and conditions thereof. OWNERS SIGNIATURE* PRINTED NAME/TITLE DATE CENTRAL ENVIRONMENTAL SERIVCES, INC. PRINTED NAME/TITLE DATE Only the business owner, corporate officer or property owner may sign and execute this contract 'A #fDEM0L1TIQNAALN .:ASS0C1ATi0N t/ al uivrcwuumrt�c seavK•e, EKG TERMS & CONDITIONS Project RESTURA W 01,E114OL NON1 Client Location 6395 N. ATLANTIC AVE CAPE CANAVERAL, FL Address Estimator TIMOTHY TIMSON Contact Contact # (407) 467-2371 Phone Date 01/21/10 Fax Proposal # 10-19 E-mail SHEET 2 OF 2 tiTY OF CAPE eAN►VERAL 105 POLK AVE. CAPE CANAVERAL, FL 32920 DUREE ALEXANDER (321) 868-1222 (321) 868-1247 alexan der-cal2e0cfl.rr.com 1. Customer shall pay Central Environmental Services, Inc. the full sum of the accepted proposal amount for the faithful performance of this contract and all provisions covered herein. Payments will be made regardless of any damage claims. A 50% down payment is required on all jobs upon receipt of this proposal as a binding contract The only way this down payment can be waived is by: • Prior written, signed and approved consent by the owner of our firm. • A copy of that agreement is placed in our files • A quick pay plan based on our submission to your office of a pre -submitted schedule of values • NO retainage held upon completion of the demolition portion of the project Interest on overdue accounts will be accessed at a rate of one and one half percent (11/2%) per month or eighteen per cent (18%) per annum. 2. Any alteration and/or deviation from the above agreed scope of work will constitute the issuance of "Change to Contract" and extra work and/or labor shall not be performed until C.E.S., Inc. has a signed and accepted copy of that change to contract in their office which covers the additional costs required to complete the extra work(s). 3. Once Central Environmental Services, Inc. has received your signed proposal and it becomes a binding contract to proceed with the works covered therein, cancellation or forfeiture of this contract for any reason will necessitate the need to charge an administrative charge based on how much inner office work has been completed up to the point of cancellation. 4. Central Environmental Services, Inc. retains ° upon your acceptance of this proposal as a binding contract By allowing C.E.S., Inc. to secure the property immediately after signing of this contract, this helps render it secure and helping to minimize the possibility of any salvage theft Doing this also assists you in minimizing liability on your behalf to anyone who might be on your property unauthorized. 5. Customer agrees to supply Central Environmental Services, Inc with a recorded and valid "Notice of Commencement" upon request (when applicable) and is aware that all projects are subject to a lien under the provisions outlined in Chapter 713 of the Florida Statutes. 6. This proposal may be withdrawn at the option of Central Environmental Services, Inc. if not accepted within sixty (60) days of the date of issuance. Respectfully, �7 7� ACCEPTANCE OE PROPOSAL Upon acceptance of this document by both the customer and Central Environmental Services, Inc. (C.E.S., Inc.) this proposal becomes a legal and binding contract. In as much as our business (C.E.S., Inc.) is governed and established within guidelines of corporate structure, any time our contract is accepted, yet is superseded by the contract of another firm, our contract shall still be accepted as an article as a part of the overall contract and all conditions of our contract shall still be met. Signatures on each sheet, initials within the "Accepted" or"DecIined" spaces shall be executed and a copy of the "signed" original will be maintained in our files until the project has been completed and closed out. I hereby authorize Central Environmental Services, Inc. to furnish all materials, equipment and labor required to complete the scope of work covered in this contract, which I, the undersigned agrees to pay the full amount stated in said proposal and agrees to the terms and conditions thereof. OWNERS SIGNIATURE* PRINTED NAME/TITLE DATE CENTRAL ENVIRONMENTAL SERIVCES, INC. PRINTED NAME/TITLE DATE Only the business owner, corporate officer or property owner may sign and execute this contract 'A #fDEM0L1TIQNAALN .:ASS0C1ATi0N This is a proposal on the goods named, subject to the conditions noted below: Buyer hereby acknowledges receipt of merchandise and services set forth herein and a copy of this sales ticket. Payment is due at the time of completion. In the event that we are compelled to initiate a collection process and/or lawsuit to collect for any amount owed, the buyer agrees to pay any and all collection costs, attorney's fees, costs and expenses should this account not be paid in full before sale becomes delinquent. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications involving extra costs will be executed upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance. ACCEPTANCE OF PROPOSAL—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date: Thank you for the opportunity to bid! Mar.1.1.2009 01:14 PM PAGE. Atlantic Excavation Inc. DATE: MARCH. 11, 2010 500 Bahama D=ive, Indialantic, ri. 32903 [Ph) 321.723.4865 [Cell] 321.288.6547 xJ 5381'Ol'GUN @YAL IQO.COM i'( ) City of Cape Canaveral ATTN: Todd Morley RE: 6395 N. Atlantic Ave., Cape Canaveral QTY DESCRIPTION LINE TOTAL Demolish building and slab located at 6395 N. Atlantic Ave. All demo debris will be hauled of� sewer capped by licensed plumber, and cap city water and remove meter. Prior W demo power will be disconnected by FPL. Grade & seed area within scope of $12,250.00 work. Parldng lot to remain. NOTES: • Atlantic Excavation & Demolition is not responsible for asbestos survey and/or removal. If grease trap and/or septic needs to be removed add $400.00 to contract. ■ Atlantic Excavation will perform cable locates and provide orange safety fencing. • All pennits and dump fees are included. • All work performed will meet and/or exceed Building Department codes. REFERENCES; Rao M (Robby Connor) ... 288-8132 Danny Tamblyn Contractor's (CGC031742) ... 537-3179 Scalero Brothers Builder . , . 987-7622 TOTAL $12,250.00 Cont_... 3/ 4 Mar.11.2009 01:14 PM PAGE. 4/ 4 This is a proposal on the goods named, subject to the conditions noted ba-, ow; Buyer hereby acknowledges receipt of merchandise and services set forth herein and a copy of this sales ticket. Payment is due at the time of completion, In the event that we are compelled to initiate a collection process and/or Iawsuit to collect for any amount Kawed, the buyer agrees to pay any and all collection costs, attorney's fees, costs and expenses should this account not be paid in full before sale becomes de:linque:rtt. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration ar, deviation from specifications involving, extra costs will be executed upon written orders, and will become an extra charge over and above the: estimate. All agrcements contingent upon strikes, accidents or delays beyond our control. Owner to carry Fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance. ACCEPTANCE OF PROPOSAL — The above prices, specifications and conditions are satisfactory and are hereby aceeptLd. You are authorized to do the work as specified. Payment will be made as outlined above. signature: Bate: Thank you for the opportunity to bid! 1 ABC LANDCLEARING & DEVELOPMENT, LLC 1130 Peachtree Street Cocoa, FL 32922 Office 3211636-4734 • Fax 3211633-6334 PROPOSAL and CONTRACT DATE: January 27, 2009 City of Cape Canaveral Code enforcement Alexander-capre@cfl.rr.com ABC Landciearing & Development, Inc., hereinafter called the Company, offers to furnish all labor, materials and equipment required for the performance of the following described work in connection with construction or improvements at: 6395 N. Atlantic Avenue & 260 Cape Shores Cape Canaveral 6395 N. Atlantic Avenue $12,350.00 260 Cape Shores $1,750.00 Price Includes County Dump fee, demolition permit, orange fencing & Seeding Additional costs if needed Fill dirt $250.00 per load 18yd truck includes spreading material Grease Trap and or Septic tank demo+ Permit 5550.00 Notes: 1. No permits, fees, bonds, or testing included. Bond is available upon request at additional cost. 2. Prices are based on Work to be done in 1 mobilization. Any additional mobilizations required will be an additional charge. Proposal also does not include: Removal of unsuitable materials (rock, gumbo, muck, buried, contaminated soil); Certified as-builts; Rough grading defined as plus or minus 2 inches; Striping or signs; Seeding, sodding or grassing; Relocation of utilities or power poles; Tree and wetlands area fencing; Concrete root barriers; Construction layout and compacting tests; Density testing; Mitigation or littoral planting; Re -grading after Plumber or concrete foundation dug. No hauling off trash No finish grading of property. 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 are estimates only. Payments shall be made at the stated unit prices on the actual quantities of work performed by the company as determined upon completion of the work. If the foregoing meets with your acceptance, kindly sign and return a copy of our proposal. Upon its receipt, it is understood, the foregoing, including terms and conditions, will constitute the full and complete agreement between US. This proposal expires thirty (30) days from the date hereof, but may be accepted at any later date at the sole option of the Company. Accepted: BY: BY: James A. Goins—President DATE: DATE: V - vO ENTERPRISES, INC, Certification # CGC1505674 oN - R O. Box 865 • Cape Canaveral, FL 32920 0 321-783-0903 • FAX 321-783-7941 f !05 r ! January 29, 2010 City of Cape Canaveral Code Enforcement Office 105 Polk Avenue Cape Canaveral, FL 32920 Attn: Duree Alexander Dear Duree, Please find our estimate proposal to complete the building demolition per your attached January 15, 2010 email. • 6395 N. Atlantic Avenue — Commercial Building • 300 Cape Shores Circle — 1 story house • 290 Cape Shores Circle - 2 story house Lump Sum $13,182.00 Lump Sum $ 2,334.00 Lump Sum $ 3,294.00 Duree, we thank you for the opportunity to provide you our cost on the above demolition work. Should you require additional information or you have any questions, please call me at any time. Sincerely, <:::�b 4ir Dou a C. Wilson President DCW/bjl Attachment loll � Bobbi Jo Lealman Jri �' �_, JAN ' 55Y//11D ,� 3 From: Duree Alexander [alexander-cape@cfl.rr.com] Sent: Friday, January 15, 2010 2:57 PM To: dowilson@bellsouth.net - Subject: Estimate for Demo Dear Mr. Wilson Could you please provide me with a written estimate to Demo 6395 N. Atlantic Avenue and 290 Cape Shores Circle? This is for the structures only, not the parking area. I need the estimate to include the following: 1. Certification from an Electrician that the power is disconnected (FPL will work) 2. Certification from a Licensed Plumber that the plumbing* •has been disconnected .3 A written estimate to demo the structure and remove the debris The cost of the permit will be $100.00 per building. 1 need the estimate by January 29, 2010. Please feel free to contact me if you have any questions. Sincerely, Duree Alexander Code Enforcement Officer City of Cape Canaveral (321) 868-1222 (321) 868-1247 FAX 1/15/2010 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: April 20, 2010 Item No. /10 2) Subject. Demolition of structure located at 290 Cape Shores Circle Department: Code Enforcement Summary: The property contains an unsafe building and was properly posted in accordance with City Code Sec_ 82-55 (Standard Unsafe Building Abatement Code). This code provides a procedure for a municipality to demolish an unsafe building and file a lien on the property to recoup expenses. On January 21, 2010 the CEB recommended that City Council expend funds to demolish the building. Staff obtained four competitive bids. The lowest bid is $1,700. The recommendation included a provision for a retroactive $250/day lien should Council not agree to expend the funds. On April 20, 2010, the lien amount would be $27,500. If Council elects not to demolish, the lien will be filed immediately and will continue to accrue daily until compliance. Note: Foreclosure proceedings have been initiated on this property. The bank had previously indicated their willingness to sign a Consent To Demolition Agreement with the City to reimburse all demolition costs. However, the property owner has recently informed staff that he has filed for bankruptcy. The bank representative has confirmed that they are appealing, but admitted that the bankruptcy has the potential to delay foreclosure action for more than two years_ The bank's position has caused them to withdraw their offer to sign a Consent To Demolition Agreement, as they are unsure of the outcome. The City Attorney's office has indicated that the unstable state of the Property Title creates a possibility that the City may have difficuly recou ing the lien. Requested Council Action: Approval of Code Enforcement Board Recommendation. Financial Impact: $1,700 Attachments: ❑ Supporting Documents Reviewed • Recommendation from Code Enforcement Board • Minutes from January 21, 2010 CEB meeting • CEB Board Order • Notice of Violation • Four demolition bids Submitting Department Head: Todd Mo ing Official Date: April 8, 2010 Approved by Acting City Manager: Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral Community Development Department To: Angela Apperson, Acting City Manager Todd Morley, Building Official From: Joy Lombardi, Code Enforcement Board Secretary Re: Recommendation to the City Council (Demolition — 290 Cape Shores Circle) On January 21, 2010 the Code Enforcement Board reviewed Case No. 09-000117. By a unanimous vote, the Board recommended that the City Council authorize the demolition of the property at 290 Cape Shores Circle and lien the property for the cost of the demolition. Further, the motion stipulates that should the City Council decide not to demolish the property a fine in the amount of two hundred and fifty dollars ($250.00) per day will be imposed retroactively beginning on January 2, 2010 until the property is found in compliance. 7510 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 568-1247 www.cityofcapecanaveral.org • email. ccapecanaveral@cEl.rr.com CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES JANUARY 21, 2010 7:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on January 21, 2010, in the Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Raymond Viens James Hale Karen Hartley Ralph Lotspeich MEMBERS ABSENT Walter Godfrey Lynn Mars OTHERS PRESENT Duree Alexander Joy Lombardi Kate Latorre Todd Morley Chairperson Vice -Chairperson Code Enforcement Officer Board Secretary Assistant City Attorney Building Official The Board members established that the next meeting would be held on February 18, 2010. Assistant City Attorney Latorre swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes: December 17, 2009 Motion by Mr. Viens, seconded by Ms. Hartley, to approve the meeting minutes of December 17, 2009, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes January 21, 2010 Page 2 COMPLIANCE HEARINGS: 1. Case No. 09-00117 — Violation of Section 82-12, Unsafe Buildinci or Svstems. of the City of Cape Canaveral Code of Ordinances,• and Section 303.1 General; and Section 303.2, Protective Treatment, Section 303.4, Structural Members,- Section embers;Section 303.6, Exterior Walls: 303.16, Doors: Section 304.1. General, and Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82221, of the City of Cape Canaveral Code of Ordinances, (290 Cape Shores Circle) — Banana River LP dba Banana River of Delaware LTD, c/o Helen M. Ward, R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the unsafe structure. Officer Alexander stated that the respondent was found in violation and was given until January 2, 2010 to comply by abating the violation, by repair and rehabilitation, or demolition in accordance with the provisions of the standard unsafe building abatement code, Officer Alexander respectfully requested that the Board find the respondent in non- compliance of the Board Order and make a recommendation to the City Council to have the building demolished and file a lien for the cost of the demolition. If the City Council elects not to order the building demolished, a fine in the amount of $250.00 per day be imposed retroactively beginning on January 2, 2010, until found in compliance. Mr. Russell Mouton, representative for Mercantile Bank, testified that the property is in the process of foreclosure and includes 8.63 acres which encompasses the two properties with the Code Violations. He explained that the hearing for a motion for summary judgment is on March 15, 2010 and the foreclosure sale date will be set 30-45 days after that, if the bank is successful, they will take ownership of the property in early May. Mr. Mouton stated that their intention would be to bring the properties into compliance even if that means demolition of the properties. Officer Alexander stated the she met with Mr. Mouton on site and he informed her that he had already requested a demolition bid 'for the properties. Ms. Alexander informed the Board that the City has requested bids for the demolition as well. Mr. Mouton testified that they are willing to demolish the properties; however, actual demolition could be several months out. Todd Morley, Building Official; stated that the City needs to have three bids for demolition and since staff is requesting that the Code Enforcement Board recommend that City Council require demolition of the properties, Mr. Morley wanted the Board to have an approximate cost of the demolition. Officer Alexander stated that she requested bids from Atlantic Excavation, Doug Wilson Enterprises, and ABC Land clearing. One bid had already been submitted from Atlantic Excavation Inc. for both structures for fourteen thousand five hundred and sixty-five dollars ($14,565.00). Code Enforcement Board Meeting Minutes January21, 2010 Page 3 Motion by Mr. Hale, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in non-compliance and file the amended board order (amended to add the council referral to demolish the property) or imposing the fine in the amount of two hundred and fifty dollars ($250.00) per day, to be retroactively imposed beginning on January 2, 2010. Vote on the motion carried unanimously. 2. Case No. 09-00948 — Violation of Section 34-97, Duties and Responsibilities for Maintenance: and Section 34-98 Building Appearance and Maintenance of the City of Cape Canaveral Code of Ordinances. (6395 N. Atlantic Ave.) —Banana River LP, _dba Banana River of Delaware, LTD; North Atlantic Properties, LLC; Helen M. Ward, R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the unsafe structure. Officer Alexander stated that the respondent was found in violation and was given until January 2, 2010 to comply by abating the violation, by repair and rehabilitation, or demolition in accordance with the provisions of the standard unsafe building abatement code. Officer Alexander respectfully requested that the Board find the respondent in non- compliance of the Board Order and make a recommendation to the City Council to have the building demolished and file a lien for the cost of the demolition. If the City Council elects not to order the building demolished, a fine in the amount of $250.00 per day be imposed retroactively beginning on January 2, 2010, until found in compliance. The Board's consensus was that the testimony and discussion of the prior case also applies to this case. Motion by Mr. Hale, seconded by Mr. Viens, to accept staffs recommendation and find the respondent in non-compliance and file the amended board order (amended to add the council referral to demolish the property) or imposing the fine in the amount of two hundred and fifty dollars ($250.00) per day, to be retroactively imposed beginning on January 2, 2010. Vote on the motion carried unanimously. PUBLIC HEARINGS: Case No. 09-00062 — Violation of Section 303, Exterior Structure. General of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (6850 N Atlantic Ave) — Yogi's Food & Beverage. Inc., Yoaeshkumar S. Patel, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the maintenance of the property.' Officer Alexander stated that a site visit revealed numerous electrical and structural violations. Officer Alexander further stated that the main concern is with the gable facade that is leaning forward and needs to be secured. She explained that there may be potential for the structure to fall forward with a strong wind. Officer Alexander stated that part of the electrical was repaired; however there are additional issues with the electrical and the property owner will be sent another notice of violation. Code Enforcement Board Meeting Minutes January 21, 2010 Page 4 Todd Morley, Building Official, tested that Yogi met with him and a contractor to inquire about the repairs. The contractor stated that he believed the problem was with the roof sheathing. Mr. Morley expressed his concerns that there was more damage than that but that he would issue a permit for the sheathing to be removed and replaced and require that the contractor schedule an inspection for when the roof is opened up; at which time Mr. Morley -could get in to inspect the structure. Should that inspection reveal a structural revision to the scope of the permit, a structural- engineer's design would then be required. Officer Alexander respectfully requested that the Board find the respondent in Violation of Section 303, Exterior Structure, General, of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances, and be given until February 8, 2010 to come into compliance or be fined in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($78.00) per day thereafter until found in compliance. Discussion followed. Motion by Mr. Viens, seconded by Mr. Hale, to amend staffs recommendation and find the respondent in violation and be given until March 18. 2010 to come into compliance or be fined in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($75.00) per day thereafter be retroactively imposed beginning on the date the board order is received. Vote on the motion carried unanimously. 2. Case No. 09-00191 —Violation of Section 34-122(b), Public Nuisances Prohibited, Section 110-470, Fences. Walls, and Hedges, of the City of Cape Canaveral Code of Ordinances Parcel ID: 24-37-15-00-00753.1-0000.00 24- 37=15-00-00833.0-0000.00. &_24-37-15-00-00834.0-0000.00) — Mermaid Key, LLC, c/o Janice Greene, R.A. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the maintenance of the properties. Officer Alexander stated that a site visit revealed the vacant properties were overgrown, and the fence is falling down. Officer Alexander presented a letter from Mr. Martin Greene which states that there are "many complex circumstances" preventing him to bring the property into compliance. 1. There is a legal dispute between Mermaid Key LLC and their bankers which renders Mermaid Key LLC unable to act on these violations, 2. There is a letter from St Johns River Water Management District (SJRWMD) which states "unless expressly exempt an individual or general environmental resources permit must be obtained from the district prior to anything being done on the land." 3. The portion of the property that abuts Discovery Bay is not accessible due to the fact that it is posted no trespassing. 4. The removal of the fence could cause the homeless people to make the land their domicile, as it was prior to the fence being erected. 5. The fence prevents anyone from possible harm from alligators that are known to be present in the water hole on the North end of the property. Officer Alexander stated that her response to Mr. Greene on October 30, 2009 was that she understood his concerns of the removal of the fence however the placement is in Code Enforcement Board Meeting Minutes January 21, 2090 Page 5 violation of the City Code. Further, the lot is overgrown and the property owner is responsible for maintaining the condition of the property by mowing the first fifteen feet of the property abutting any public right of way. Officer Alexander further stated that the fence and the dilapidated signs must be removed. Officer Alexander stated that she has had numerous complaints about this property. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 34-122(b), Public Nuisances Prohibited; Section 110-470, Fences, Walls, and Hedges, of the City of Cape Canaveral Code of Ordinances, and be given until February 8, 2010 to come into compliance or the fine in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($75.00) per day thereafter be retroactively imposed beginning on January 21, 2010. Motion by Mr. Lotspeich, seconded by Mr. Viens, to accept staff's recommendation and find the respondent in violation and be given until February 8, 2010 to come into compliance or the fine in the amount of one hundred dollars ($100.00) for the first day, seventy-five dollars ($75.00) per day thereafter be retroactively imposed beginning on January 21, 2010. Vote on the motion carried unanimously. (Copy of the Board Order to be sent to St Johns River Water Management District.) 3. Case No. 09-00159 — Violation of Section 30-27 Alarm Permit Required: Fee: Renewal of the Ci of Cape Canaveral Code of Ordinances 377 Imperial Blvd Unit C1) — Leasure Surfboards, Inc., Edward C. Leasure, R.A. Code Enforcement Officer, Duree Alexander, testified that this Case is in compliance. DISCUSSION: Draft Visioning Report, Todd Morley, Building Official, stated that a copy of the draft visioning report, created by the East Coast Florida Regional Planning Council, was included in their packets for the December meeting. Mr. Morley explained that the City Council would like to have one or two representatives to speak during a workshop on February 23, 2010 at 5:30 pm. Mr. Hale and Mrs. Russel stated that they could attend. ADJOURNMENT: There being no further business the meeting adjourned at 8:08 P.M. Approved on this i day of12010. Mary Russ il, Chairperson y(Lombardl, Board Secretary City of Cape Canaveral Community Development Department 7,7YCP CODE ENFORCEMENT BOARD CAPECANAVERAL CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #09-00117 A Florida municipal corporation, Complainant, V. Banana River LP dba Banana River of Delaware, LTD; c/o Helen M. Ward, R.A. Owner of the Property located at: 290 Cape Shores Cir. Cape Canaveral, FL 32920 LEGAL: N 160 FT OF LOT I SEC 27 & S 40 FT OF LOT 3 SEC 22 & S 40 FT OF LOT 4 SEC 23 W OF ST RD & N 160 FT OF LOT 1 SEC 26 W OF ST RD & PT AS DES IN ORB 2534 PG 1090, 5460 PG 3363 EXC DB 316 PG 172 Respondent, AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on November 19, 2009 and January 21, 2010 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the. property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 82-12, Unsafe Building or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment; Section 303.4, Structural Members; Section 303.6, Exterior Walls; 303.16, Doors; Section 304.1, General; and Section 304.3, Interior Surfaces, of the International Property Maintenance Code, as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondent was further provided a reasonable time to correct said violation; 7510 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 wwwcityofcapecanaveral.org • email: ccapecanaverod@cfl.rr.com Case #09-00117 F3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of hearing before the Code Enforcement Board and was not present at the hearing; 4. That based on the testimony and evidence presented at the November 19, 2009 hearing, Respondent has violated the City Code, to wit: Section 82-12, Unsafe Building or Systems, of the City of Cape Canaveral Code of Ordinances; and Section 303.1, General; and Section 303.2, Protective Treatment; Section 303.4, Structural Members; Section 303.6, Exterior Walls; 303.16, Doors; Section 304.1, General; and Section 304.3, Interior Surfaces, of the International. Property Maintenance Code, as adopted by Section 82-221, of the City Code; 5. That at the conclusion of the November 19, 2009 hearing, the Code Enforcement Board entered an Order Imposing Penalty on First Violation ("Board Order'), giving Respondent until January 2, 2010 to correct the violations on the Property and providing that if Respondent failed to correct the violations within said time period, that a fine of $250.00 per day would be immediately entered. 6. That the Code Enforcement Board held a duly noticed Compliance Hearing on January 21, 2010 and that Respondent was not present at the hearing. 7. That Respondent has failed to correct the violations existing on the Property within the time period set forth in the Board. Order. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent did not correct the violations of the City Code found by the Code Enforcement Board to exist on the property by January 2, 2010, as required by the Board Order; 2. Further, the violations existing on the property constitute violations presenting a serious threat to the public health, safety and welfare, and that the City Council be notified of said violations pursuant to section 162.09(1), Florida Statutes, in furtherance of the City Council authorizing demolition of the property. If the demolition is not authorized by the City Council, a fine shall be immediately entered in an amount not to exceed two hundred fifty Dollars ($250.00) per day until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; any fine imposed pursuant to this paragraph shall be retroactively, imposed beginning on January 2, 2010. 3. The Clerk of the Code Enforcement Board shall record a certified copy of this Order, as may be amended, in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate.further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. Case #09-00117 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 21st day of January, 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 7Rd,ul _L,42 Mary Russo I, Chairperson Copies furnished to: Banana River LP dba Banana River of Delaware, LTD; c/o Helen M. Ward, R.A. City of Cape Canaveral, Case File 1 hereby certify that a true and correct copy of the above and foregoing Amended Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this :� day of 7-a,u t—,r , 2010. Joy Lombardi, Board Secretary . 6Z4-6e� - - �:Z-,—. - Duree Alexander, Code Enforcement icer A Florida Municipal Corporation, Complainant, V. City of Cape Canaveral Community Development Department ODE ENFORCEMENT BOARD Y OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION Case No. 2009-00117 6/17/2009 Owner(s) of the property located at: 290 CAPE SHORES CIR Respondent(s): Banana River of Delaware, LTD CIO North Atlantic Avenue Properties, LLC C/OHelen M Ward R.A. PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Capp-, Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 290 CAPE SHORES CIR 2. Name and address of owner(s) of property where violation(s) exist: Helen M Ward R.A. 200 International Dr.'# 206, Cape Canaveral, Fl. 32920 7510 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 wwwcicyofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com A site visit to 290 Cape Shoes Cir. revealed that the building is still unsafe and another Unsafe Structure Notice was placed on the building. 3. Description of Violation(s) at property: Sec 82-12; Unsafe Building or Systems Sec. 82-12. Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or other provisions of the City of Cape Canaveral Codes. Sec. 82-221. International Property Maintenance Code adopted Section 303 Exterior Structure. 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 303.2 Protective Treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistance woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. 303.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 303.6 Exterior Walls. All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 303.16 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Section 304 Interior Structure 304.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and inn -a sanitary condition. 304.3 Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defect ve surface conditions shall be corrected. 4. Recommendation to correct the violation(s) described above: You will need to obtain the proper permits to repair the building or to remove the building. Failure to comply within fifteen (15 days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. (321-868-1222) xx� �-Z � Michael Richart Code Enforcement Officer CC: John K Porter Dernoliflon Proposal RESIDENTIAL DEMOLITION 290 CAPE SHORES CIRCLE CAPE CANAVERAL, FL Prepared By: fent rral Fnvironimen#al Services, lne. Project Manager: TIMOTHY TIMSON Date: 01/21/10 Proposal Number: 10-202 Prepared For: LOWY OF @APW COMAVK Address: 105 POLK AVE. CAPE CANAVERAL, FL 32920 Contact: DUREE ALEXANDER Office Number: (321) 868-1222 Fax Number: (321) 868-1247 E -Mail Address: alexander-cape@cfl.rr.com NA ONA EA, ITIOV ,AW AssaCIAT104 loppmqm central PRICING SHEET SHEET 1 OF 1 PROJECT IRE21DENTIAL DEMOLITION CLIENT eY OF eAPE eAfdAYERAL LOCATION 290 CAPE SHORES CIRCLE CAPE CANAVERAL, FL ADDRESS 105 POLK AVE. CAPE CANAVERAL, FL 32920 P.M. TIMOTHY TIMSON CONTACT DUREE ALEXANDER CONTACT # (407) 467-2371. OFFICE # (321) 868-1222 DATE Thursday, January 21, 2010 FAX # (321) 868-1247 PROPOSAL # 10-202 E-MAIL alexander-capeCu�cfl.rr.com # "BASE BID" LINE ITEM PRICING CITY UNITS COSTIUNIT VALUE 1 MOBILIZATION OF CES, INC. EQUIPMENT AND EMPLOYEES IN AND OUT OF PROJECT SITE. PRICING BASED ON ONE MOBILIZATION. EACH ADDITIONAL MOBILIZATION IS $750.00 PER OCCURANCE. 1 # $750.00 $750.00 2 DEMOLISH AND COMPLETELY REMOVE EXISTING RESIDENTIAL STRUCTURE TO INCLUDE CONCRETE PAD, FOOTERS, FOUNDATIONS, AND ANY UNDER -PAD PIPING APPROXIMATELY 1,000 SF. 1 LS $2,745.00 $2,745.00 3 PERMITTING BY CES, INC. TO INCLUDE PREIPOST DEMOLITION INSPECTIONS, 10 DAY DEP NOTIFICATION. 1 LS $400.00 $400.00 4 SUPPLY AND INSTALL SILT FENCING AS REQUIRED APPROXIMATELY 200 LF 1 LS $300.00 $300.00 5 SUPPLY AND INSTALL HYDROSEED ON DEMO FOOTPRINT APPROXIMATELY 3,000 SF. 1 LS $300.00 $300.00 BASE BID $4,495.00 10% +/-PROFIT ANDOVER HEAD $5500,00 TOTAL BID $4,995.00 ALTERNATE LINE ITEMS 1 NONE EXCLUSIONS: PRICES QUOTED HEREIN DO NOT INCLUDE THE FOLLOWING ITEMS: 1 ASBESTOS SURVEYIABATEMENT 5 ANY BURIED OR UNFORSEEN ITEMS 2 SHORING/BRACING OF ANY KIND 3 ASPHALT DEMOLITION 4 DUMPSTER ENCLOSURE DEMOLITION Authorized Signature: Date: PRICE 6 CONSTRUCTION BARRICADES/FENCING 7 ANY REQUIRED CLEAN FILL TO BRING AREA TO GRADE g SEPTIC TANK, DRAINFIELD, LIFT STATION central EtNRiCMYE,[SSAL SERVICER, INC TERMS & CONDITIONS Project RElIDENTM D1904O TION Location 290 CAPE SHORES CIRCLE CAPE CANAVERAL, FL Estimator TIMOTHY TIMSON Contact # (407) 467-2371 Date 01/21/10 Proposal # 10-202 SHEET 2 OF 2 Client ewy OF JAPE eANAV&Uft Address 105 POLK AVE. CAPE CANAVERAL, FL 32920 Contact DUREE ALEXANDER Phone (321) 868-1222 Fax (321) 868-1247 E-mail alexandercane0cfl.rr.com 1. Customer shall pay Central Environmental Services, Inc. the full sum of the accepted proposal amount for the faithful performance of this contract and all provisions covered herein. Payments will be made regardless of any damage claims. A SO% down payment is required on all jobs upon receipt of this proposal as a binding contract The only way this down payment can be waived is by: • Prior written, signed and approved consent by the owner of our firm. • A copy of that agreement is placed in our files • A quick pay plan based on our submission to your office of a pre -submitted schedule of values • NO retainage held upon completion of the demolition portion of the project. Interest on overdue accounts will be accessed at a rate of one and one half percent (11/2%) per month or eighteen per cent (18%) per annum. 2. Any alteration and/or deviation from the above agreed scope of work will constitute the issuance of "Change to Contract" and extra work and/or labor shall not be performed until C.E.S., Inc. has a signed and accepted copy of that change to contract in their office which covers the additional costs required to complete the extra work(s). 3. Once Central Environmental Services, Inc. has received your signed proposal and it becomes a binding contract to proceed with the works covered therein, cancellation or forfeiture of this contract for any reason will necessitate the need to charge an administrative charge based on how much inner office work has been completed up to the point of cancellation. 4. Central Environmental Services, Inc. retains 700% salvage rights upon your acceptance of this proposal as a binding contract By allowing C.E.S., Inc: to secure the property immediately after signing of this contract this helps render it secure and helping to minimize the possibility of any salvage theft Doing this also assists you in minimizing liability on your behalf to anyone who might be on your property unauthorized. S. Customer agrees to supply Central Environmental Services, Inc. with a recorded and valid "Notice of Commencement" upon request (when applicable) and is aware that all projects are subject to a lien under the provisions outlined in Chapter 713 of the Florida Statutes. 6. This proposal may be withdrawn at the option of Central Environmental Services, Inc. if not accepted within sixty (60) days of the date of issuance. Respectfully, -7&t04 -7&t& s ACCEPTANCE OF PROPOSAL Upon acceptance of this document by both the customer and Central Environmental Services, Inc. (C.E.S, Inc.) this proposal becomes a legal and binding contract in as much as our business (C.E.S., Inc.) is governed and established within guidelines of corporate structure, any time our contract is accepted, yet is superseded by the contract of another firm, our contract shall still be accepted as an article as a part of the overall contract and all conditions of our contract shall still be met. Signatures on each sheet, initials within the "Accdpted" or "Declined" spaces shall be executed and a copy of the "signed" original will be maintained in our files until the project has been completed and closed out I hereby authorize Central Environmental Services, Inc. to furnish all materials, equipment and labor required to complete the scope of work covered in this contract, which I, the undersigned agrees to pay the full amount stated in said proposal and agrees to the terms and conditions thereof. OWNERS SIGNIATURE* PRINTED NAME/TITLE DATE CENTRAL ENVIRONMENTAL SERIVCES, INC. PRINTED NAME/TITLE DATE *Only the business owner, corporate officer or property owner may sign and execute this contract. 44h en°t"Amp o�volyD •`ADTQ Mar.11.2009 01:14 PM Atlantic Excavation Inc. 500 Bahama J3tiv'e, Indialantic, FI, 32903 [Ph] 321.723.4865 [Cell] 321.288.6547 RJS38-1-OPUVN @YAf IOO.COM u() City of Cape Canaveral ATTN: Todd Morley RE: 300 Cape Share Circle, Cape Canaveral �%W DESCRIPTION PAGE. 1/ 4 DATE; MARCH 11, 2010 Demolish building and slab located at 300 Cape Shore Cr. All demo debris will be hauled ofd sewer capped by licensed plumber, cap city water and remove meter. Prior to demo power will be disconnected by FPL. Grade & seed area with scope of work. NOTES: • Atlantic Excavation & Deznoli6ou is not responsible for asbestos survey andlor removal. + Atlantic Excavation will perform cable locates. ■ All penniit and dump fees are included. * All work performed will, meet and/or exceed Building Department codes. REFERENCES: Rac III (Robby Connor) ... 288-8132 Danny Tamblyn Contractor's (CGC031742) ... 537-3179 Scalero Brothers Builder... 987-7622 TOTAL LINE TOTAL ;1,700.00 $1,700.00 Conti—. Mar.11.2009 01.:14 PM PAGE. 2/ 4 This is a proposal on the goods named, subject to the cu nditions Noted below: Buyer hereby acknowledges receipt of merchandise and services set forth herein and a copy of this sales ticket_ Payment is due at the tune of completion. In the event that we are compelled to initiate a collection process and/or lawsuit to collect for any amount owed, the buyer agrees to pay any and all collection costs, attorney's fees, costs and expenses should this account not be paid in full before sale becomes delinquent. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to otandard practices. Any alteration nr deviation, from specifications involving extra enstc will he executed upon written orders, and will became an extra cbarge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and -other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance. ACCEIrTANCE OF PROPOSAL — The above prices, specifications and conditions aze satis€actory and are hereby accepted. You are authorized to do the wont as specified. Payment will be made as outlined above. Signature: Date: Thank you for the opportunity to bid] A t . ABC LANDCLEARING & DEVELOPMENT, LLC 1130 Peachtree Street Cocoa, FL 32922 Office 3211636-4734 • Fax 3211633-6334 PROPOSAL and CONTRACT DATE: January 27, 2009 City of Cape Canaveral Code enforcement Alexander-capre@cfl.rr.com ABC Landclearing & Development, Inc., hereinafter called the Company, offers to furnish all labor, materials and equipment required for the performance of the following described work in connection with construction or improvements at: 6395 N. Atlantic Avenue & 260 Cape Shores Cape Canaveral 6395 N. Atlantic Avenue $12,350.00 260 Cape Shores $1,750.00 Price Includes County Dump fee, demolition permit, orange fencing & Seeding Additional costs if needed Fill dirt $250.00 per load 1$yd truck includes spreading material Grease Trap and or Septic tank demo- Permit $550.00 Notes: 1. No permits, fees, bonds, or testing included. Bond is available upon request at additional cost. 2. Prices are based on Work to be done in I mobilization. Any additional mobilizations required will be an additional charge. Proposal also does not include: Removal of unsuitable materials (rock, gumbo, muck, buried, contaminated soil); Certified as-builts; Rough grading defined as plus or minus 2 inches; Striping or signs; Seeding, sodding or grassing; Relocation of utilities or power poles; Tree and wetlands area fencing; Concrete root barriers; Construction layout and compacting tests; Density testing; Mitigation or littoral planting; Re -grading after Plumber or concrete foundation dug. No hauling off trash No finish grading of property. Unless a Iump 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 are estimates only. Payments shall be made at the stated unit prices on the actual quantities of work performed by the company as determined upon completion of the work. If the foregoing meets with your acceptance, kindly sign and return a copy of our proposal. Upon its receipt, it is understood, the foregoing, including terms and conditions, will constitute the full and complete agreement between. US. This proposal expires thirty (30) days from the date hereof, but may be accepted at any later date at the sole option of the Company. Accepted: BY: BY: James A. Gains—President DATE: _ _ DATE: �! Lie ENTERPRISES, INC, Ceriiflcation # CGC1505674 v oN 9'. A r P. O. Box 865 • Cape Canaveral, FL 32920.321-783-0903 • FAX 321-783-7941 IN fps January 29, 2010 City of Cape Canaveral Code Enforcement Office 105 Polk Avenue Cape Canaveral, FL 32920 Attn: Duree Alexander Dear Duree, Please find our estimate proposal to complete the building demolition per your attached January 15, 2010 email. 6395 N. Atlantic Avenue — Commercial Building Lump Sum $13,182.00 300 Cape Shores Circle — 1 story house • 290 Cape Shores Circle - 2 story house Lump Sum $ 2,334.00 Lump Sum $ 3,294.00 Duree, we thank you for the opportunity to provide you our cost on the above demolition work. Should you require additional information or you have any questions, please call me at any time. Sincerely, '�i)r W Dou '&"V a C. Wilson President DCW/bjl Attachment