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HomeMy WebLinkAboutPacket 11-18-2008 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING C1 of CITY HALL ANNEX CAPE CANAVERAL 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 18, 2008 7:00 PM pr AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. REPORTS: City Manager Staff City Council CONSENT AGENDA: OLD BUSINESS: 1. City Council Regular Meeting Minutes of October 21, 2008. 2. City Council Special Meeting Minutes, Certifying Election Results of the General Election, of November 6, 2008. 3. Resolution No. 2008-34; Appointing a Regular Member to the Recreation Board, S. Robinson. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 www.mvflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com rC ovof Cape Canaveral, Florida ity Council Regular Meeting Agenda November 18, 2008 Page 2 of 2 4. Resolution No. 2008-35; Appointing an Alternate Member to the Business & Cultural Development Board, P. Pritchard. 5. Outdoor Entertainment Permit for Veterans of Foreign Wars Post 10131, Pearl Harbor Day Commemorative Service BBQ Picnic. 6. Proclamation: Family Month CONSIDERATION: 7. Motion to Approve: Health Insurance Renewal with Health First, Inc. 8. Motion to Approve: Replace (4) Stormwater Inlets Within the Harbor Heights Subdivision. RESOLUTION: 9. Motion to Adopt: Resolution No. 2008-32; Supporting the Inclusion, as an Option, the Widening of SR528 in the 2035 Strategic Intermodal System Highway Plan. PRESENTATION: Leo Nicholas OATH OF OFFICE: Robert Hoog, Mayor Pro Tem Betty Walsh, City Council Member NEW BUSINESS RESOLUTION: 10. Motion to Adopt: Resolution No. 2008-36: Electing a Mayor Pro Tem. CONSIDERATION: 11. Motion to Approve: Assignment of the Ridgewood Avenue Streetscape Project, Final Design, Bid and Construction Services from GreenBlades of Central Florida to Brad Smith & Associates. ADJOURNMENT: Pursuant to Section 286.0105, Fbrida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 21, 2008 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Recreation Director Planning & Development Director PRESENTATIONS: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Robert Lefever Barry Brown District 2 Commissioner Chuck Nelson Mayor Randels welcomed Commissioner Nelson to the meeting. Commissioner Nelson announced that he was scheduled to conduct a Walk -In on Friday, October 31St at the Cape Canaveral Library Meeting Room at 9:00 A.M. He thanked Council Member Shannon Roberts for her coordination efforts. Commissioner Nelson reminded the audience that he also meets with the general public at the City of Cocoa Beach Public Library. Commissioner Nelson invited everyone to attend. Commissioner Nelson informed that the Brevard County Commission eliminated $20 million from the County Budget and 100 positions of which 76 positions were unfilled. He informed that the Library Program cuts did not affect personnel or hours and in the last two years the County Parks budget was cut by $6 million. The County funded 60 correctional officers for the jail in order for the Sheriff to open the additional tents. He explained that the County was under a Federal Court Order related to jail overcrowding. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 2 of 12 Commissioner Nelson explained how last year the budget cuts were revenue based; however, this year they were Ad Valorem based as property taxes were reduced. He stated that even though there were budget cuts, first, the County was able to fund Life Guards for coastal communities. There are now year-round guarded beaches; unfortunately, there was one drowning this year due to people using an unguarded area. Second, the County also funded a one-time Utility Bill Funding Assistance Program. The site for distribution is near the Space Coast Area Transit building on Fiske Blvd. And last, the County also funded improvement to the bus service for Route 1 from Titusville to Melbourne. The route which formerly required a two-hour wait time was reduced to a one-hour wait time and the route was extended to Mims. He also mentioned a significant increase in ridership. Commissioner Nelson warned, however, of additional cuts in the coming year along with lower property taxes. Commissioner Nelson informed that Brevard County also had a Resolution on its Agenda in support of adding State Road [SR] 528 to the Space Coast Metropolitan Planning Organization 2035 Plan. Commissioner Nelson expressed that he was an opponent of tolls especially east of State Road 1-95. Commissioner Nelson also expressed the importance of the County's participation in any discussion related to expanding SR 528 to a six -lane highway. Commissioner Nelson pointed out the following as concerns of a highway expansion: 1) setting parameters, such as sound walls, and 2) recreational and public access from the highway. Mr. Petsos presented two questions: 1) why the County Commission anticipated the need to expand to six -lanes, and 2) why the County would not approach the State or the Port for a Mag -Lev? Commissioner Nelson replied that expanding to six -lanes was an obvious option. Mr. Petsos stated his concerns of: 1) anticipating a six -lane road widening without reviewing other options, and 2) the six -lane road concept filtering into the Cape Canaveral/ Cocoa Beach communities. Commissioner Nelson replied that the study performed indicated the need for a six -lane road and also alternative transportation opportunities; however, there was no fixed decision at that time. Commissioner Nelson emphasized the need for participatory discussion of the issue and he re -stated his opposition to a toll issue. However, Mr. Petsos re -stated his opposition on the progression toward a six -lane highway. Mayor Randels explained how SR 528 was divided among three entities: Orlando International Airport, Orange County Expressway Authority, and the Florida Department of Transportation. Commissioner Nelson informed that he requested for the Regional Planning Council add the language, "to supplement other Florida Department of Transportation funding sources" and not to include the road strictly from the viewpoint of becoming a toll road. Mayor Randels stated that the developing concern for the Space Coast Metropolitan Planning Organization was a toll at the head of the road. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 3 of 12 Mayor Pro Tem Hoog asked about the plans to sell SR 528 to a private entity. Commissioner Nelson replied that discussion had ceased on that concept. Mr. Nicholas added that he would rather pay any tolls to the State rather than a private enterprise. Commissioner Nelson acknowledged Mr. Petsos' concern regarding the option to expand SR 528 to six -lanes as part of a broader point of discussion and he re- emphasized the need for participatory discussion of the project. Ms. Roberts stated that another aspect was the anticipation of additional truck traffic. The State could address this in the early stages of its discussion related to State Road 528 as it impacts the Cape Canaveral residents and their quality of life. Commissioner Nelson stated the hope of using a pipeline in lieu of the anticipated 250 trucks per day. Commissioner Nelson also informed that the County had been working with the City Manager on purchasing Cherie Down Park. He explained how the developed portion of the park, the restroom and parking lot, is owned by the School Board and leased to the County. Therefore, a three -party Agreement would be required for a purchase. Ms. Roberts stated that she recently attended the Brevard County Citizens' Academy and remarked that it was very informative. Ms. Roberts addressed the County's financial tracking system related to municipal taxes and its fragmented approach to municipal reporting. Commissioner Nelson replied that the County did not have a system in place to track tax funds to the level of detail that cities might desire. Mr. Petsos stated that subsequent to Commissioner Nelson's appointment two years ago, the Council requested an accounting of those tax funds from the donor cities. Mr. Petsos stated that $4 million was a substantial amount of money to not have an account of its return for the Cape Canaveral community. Commissioner Nelson explained how Merritt Island contributes to Mims and questioned if services should differentiate between service areas. Mr. Petsos emphasized the need for Council Members to be able to respond to the Cape Canaveral residents on what services they receive for taxes paid to Brevard County. Commissioner Nelson mentioned how a Community Redevelopment Agency was a venue to retain funds. Mr. Petsos stated that a CRA would need to establish over time prior to generating a tax return. Ms. Roberts mentioned that some of the newer communities pay much higher taxes. Commissioner Nelson noted that residential property, however, does not generate enough property tax to pay for all of the needed services. Mr. Petsos asked about additional sand for the beach. Commissioner Nelson replied that the County Commission funded $3 million in the previous year for beach sand in an effort to obtain an $18 million grant. Commissioner Nelson mentioned the progress toward Managed Retreat which involved property purchases. Mr. Petsos acknowledged Mr. David Shirtzinger for building the next row of Sand Fences which were awaiting installation subsequent to a permit from the Florida Department of Environmental City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 4 of 12 Protection. Mr. Petsos reported that he spoke with Scott Ellis, some years ago, who informed him that a way existed to track the tax funding. Commissioner Nelson stated that he would meet with Scott Ellis regarding Mr. Petsos' request for tax money accountability. Mr. Petsos then asked if the County would be able to participate in the beautification efforts along Ridgewood Avenue. Commissioner Nelson replied that he was unable to answer that question saying that infrastructure maintenance in Merritt Island was a higher priority for the County at this time. Ms. Roberts thanked Commissioner Nelson for the pumps that the County provided during Tropical Storm Fay and also for the County's assistance with the left-hand turn signal at Central Blvd. and North Atlantic Avenue. Commissioner Nelson replied that these activities were coordinated through the efforts of the City Manager and the County Roads and Bridges Department. In conclusion, Mayor Randels presented Commissioner Nelson a bronze Commemorative Coin. Laura Canady, J.D., Community Development Director, City of Satellite Beach. Mayor Randels called on Ms. Laura Canady, Community Development Director, for the City of Satellite Beach. Ms. Canady thanked the Mayor and Council for the invitation and stated that she had done a presentation at a recent Cape Canaveral Planning and Zoning Board Meeting. Ms. Canady stated that this year the Satellite Beach Community Redevelopment Agency [CRA] would receive $1.7 million in Tax Increment Financing [TIF] revenue. She anticipated two payments of $656,000 for last year and this year which comprised one-third of her budget. Ms. Canady summarized how this is clearly an economic benefit for community development and re -development. Ms. Canady informed that the Satellite Beach Community Redevelopment Agency was established by its Council in 2002. Ms. Canady explained that she learned about the Agency as it was being established. She opened her presentation pointing out some of the similarities between Cape Canaveral and Satellite Beach as both being relatively small, beach -side communities established in the 1960's. She stated that a CRA seeks redevelopment in a cohesive manner and spurs economic investment within the City. Ms. Canady opened her presentation with the renovation on Pelican Beach Park, a County -owned park, for $1.7 million to include: refurbishing the rest rooms, expanded and resurfacing the parking lots, extensive landscaping, added two pavilions, some family style, and refurbished the children's playground. Another feature of the park was a non -reserved covered ocean viewing area. The park re -development process utilized the public input. Ms. Canady informed that Hightower Beach Park was this year's project estimated at $850,000 with expected construction some time in 2009. She informed that the City owns or controls predominately 40 percent of its waterfront property. The CRA is a partner contributing $200,000; the developer, $400,000 and the City of Satellite Beach City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 5 of 12 is contributing $200,000 and using these contributions to leverage grant funds. Satellite Beach also anticipates two beach access projects in 2009. Ms. Canady informed that each of the beach accesses were individually distinctive and not standardized such as what is found in Boca Raton. Ms. Canady informed that the result of a recent market study indicated the need to retain commercial property. Satellite Beach residents desired to keep a hometown character. As a result, mixed-use was considered with commercial on the lower floor and residential on the second and third floor up to 35 -feet height. The City might discuss a move to 45 -feet on the west side of State Road [SR] A1A and retain 65 -feet on the east side of SR AIA. Ms. Canady spoke about the Satellite Beach Town Center and focused on the benefits of a location within the residential community as a central location for activities. Ms. Canady stated that another aspect of the Satellite Beach CRA was locating the underground utility lines on State Road Al A. Ms. Canady pointed out how one aesthetically unpleasing location was transformed into a dental facility. She informed that Atlantic Plaza was another anticipated re -development project to include six new retail stores. Ms. Canady also showed slides of some private re -development projects related to the 2004 storms. Ms. Canady informed that facade grants to enhance building exteriors were another aspect of the CRA and she showed slides of facades for an Ice Cream Shop and a local pizza restaurant with a front deck. She related that the market study results called for beach restaurants with a view and buy -in from the community was essential to CRA projects. Ms. Canady discussed that signage was a predominate part of the CRA and informed that Satellite Beach's Sign Code Review took eight years to complete. Ms. Roberts asked for more information about the proposed Civic Center improvements. Ms. Canady stated that the project was not in any stage of progress at this time, but is included in their CRA development plans. Ms. Canady replied to Mr. Nicholas that the Satellite Beach City Council is the CRA. Mr. Nicholas pointed out how the portions of a City outside of the CRA area did not benefit from the increased tax valuation of the CRA properties. Ms. Canady responded that, first of all, by having the CRA the City leverages the TIF funding that comes into the CRA with the funding that the County contributes as a partner in the CRA. Second, the CRA has the ability to bond. Mr. Nicholas pointed out the need to understand the essential purpose of a CRA and not to, in effect, create a city within a city. Ms. Canady replied to Mr. Petsos that the City took a line of credit in 2006 to refinance some property and purchase additional property. Ms. Canady responded that the City saved money for several years and held community meetings to determine the CRA's purpose once it was established. Since that time, the CRA was able to leverage public/private partnerships. She noted that a CRA has more authorities and powers vested as a taxing authority than a Council. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 6 of 12 Mr. David Shirtzinger, of Surf Drive, asked if the City could build a Fire Station with a CRA. Ms. Canady replied that unfortunately, under the Statutes, fire or police services construction was prohibited. Ms. Lori Peppers, of the Business and Cultural Development Board expressed her favor in partnering with the business communities for facade grants. Ms. Peppers asked: 1) do the businesses apply for those grants, and 2) when approved is there a certain amount of grant funding. Ms. Canady informed that Satellite Beach has a matching facade grant of up to $15,000 for pre -approved improvements such as: paint, landscaping, re -surfacing parking lots, striping lots and signage. Ms. Canady explained that in order to establish a CRA a City would undergo a finding of necessity and blight study which would show which buildings have out used their usefulness. A CRA and an established district expedite the process of redeveloping these identified buildings to something more modern with a larger tax income. Ms. Canady affirmed for Ms. Roberts that the residential building height was indeed 65 - feet and the change from 35 -to 45 -feet would require a Referendum vote. Ms. Roberts asked if the CRA had considered a higher building height in the commercial district. Ms. Canady replied to Mr. Nicholas that the 65 -feet building height has been in effect since 2004 and prior to that, 75 -feet to 85 -feet was allowed. Ms. Canady explained how retrofitting built -out communities necessitated height increases for facilities to become economically viable. Ms. Canady informed that Satellite Beach has one of the lowest densities of any barrier -island community and has one of the most restrictive breezeway requirements. Mayor Randels read a letter dated April 15, 2008, to Governor Charlie Crist which the Governor shared with Quality Cities magazine. In summary, the letter informed the Governor of how the Satellite Beach community utilizes its oceanfront property with diverse activities; however, Amendment 1 would greatly reduce the City's budget. The citizens were therefore concerned about the City's continued level of service. In conclusion, Mayor Randels presented Ms. Canady with a bronze Commemorative Coin. REPORTS: CITY MANAGER • Mr. Boucher informed that the City received an invitation from the Cocoa Beach Business Improvement Council to participate in the Annual Christmas Parade in Cocoa Beach on Saturday, December 6th. Any interested Council Member should contact his office. • Mr. Boucher announced that the Brevard County Commission would hold a Homeless Issues Workshop on October 30th at 9 A.M., in the Florida Room, Building C, Td Floor of the Government Center in Viera. Representatives will address the economy and how citizens were struggling with retention of home ownership. • Mr. Boucher also announced that the Brevard County Legislative Delegation would hold a Brevard County Elected Officials forum to discuss Space Industry Priorities City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 7 of 12 on Monday, October 27th, at 10 A.M., in the Florida Room, Building C, 3rd Floor of the Government Center in Viera. • Mr. Boucher reported that Staff met with Space Coast Area Transit [SCAT] and six bus shelters were anticipated at a cost $4-$7,000. SCAT would identify the areas of ridership. The City would need to contract the engineering and construction and subsequently seek reimbursement. • Mr. Boucher informed that he spoke with Mr. Phil Laurien and the City could anticipate a cost of $35,000 for his assistance. Mr. Boucher stated that he would request a scope of services from Mr. Laurien. • Mr. Boucher reported on the anticipated Water Utility Increase from the City of Cocoa. Mr. Boucher informed of the proposed 15 percent increase and a $2 per month fee for cross -connection services as part of the backflow device system. Mr. Boucher informed that impacted communities planned to meet at Rockledge City Hall to discuss these issues. Mr. Boucher stated that the charge related to the backflow device was a duplicate charge, and those who did not have a device were also being charged. Brevard County contracted an independent rate consultant to review the City of Cocoa's proposed rate increase. Mr. Boucher stated that the City of Cocoa proposed these rates without proper notification. Mr. Boucher informed that the Cocoa City Council planned to hold a Workshop in the following week to address this issue and he planned to attend. Mr. Boucher concluded that he would report back from the Rockledge meeting and asked Mayor Randels if he would accompany him to the upcoming meeting in Cocoa. Mayor Pro Tem Hoog conveyed that he spoke with Mayor Mike Blake and two other Members of the Cocoa City Council and their reply was that they would re- consider the issue. Mr. Boucher affirmed for Ms. Roberts that the City of Cocoa performs an annual rate increase study. Attorney Garganese related on the $10 million plus projects in which the City of Cocoa has undertaken which relates to these cost increases and the City of Cocoa's foresight in developing a plant that delivers water as far as Patrick Air Force Base and for the newly developed Viera area. Council Members expressed their concern with the proposed rate increase and agreed with the City Manager to attend the upcoming Workshop. Mr. Boucher inquired about scheduling the next Sign Code Meeting. Council agreed to meet on Thursday, November 6th immediately following the Special Meeting to Certify the Election Results. STAFF Planning and Development Director • No report. Recreation Director • Mr. Lefever reported on the Playground Project under the Florida Department of Recreation Assistance Program which has been called F7-105. Recently 14 City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 8 of 12 Oak trees were planted and the project should be completed by Thanksgiving. However, the Playground Project F7-105 needs a name. Mr. Lefever will receive assistance from the Cape View Elementary School in an Essay Contest for the children to name the park. The winning essay recipient will receive a $50 Savings Bond at the project's Grand Opening in January. • Mr. Lefever announced the Tennis Jamboree, which was rained out last month, sponsored by the U.S. Tennis Association on Friday, October 24th from 6:00 to 8:00 P.M. Free tennis racquets, prizes and pizza for children 5 -to 10 -years -old. This activity would be the opening event for "Quick Start" tennis also sponsored through the U.S. Tennis Association. • Mr. Lefever announced the Monster Mash Halloween Street Dance on Thursday, October 30th from 6:00 to 8:00 P.M. • Mr. Lefever pointed out that notices were available in the Council Meeting Room for three other activities coming up in November. City Clerk • No report. City Attorney • Attorney Garganese reported that he has not heard from Judge Moxley related to the Coastal Fuels issue. CITY COUNCIL Council Member Nicholas • Mr. Nicholas reported that some four to five weeks ago the City of Cocoa opened the street on Presidential Court during a repair; however, it has not been filled in. A resident expressed concern with additional damage due to rain. • Mr. Nicholas stated that he had asked for a policy on the Commemorative Coins related to the distribution, the cost of the coins, and how many coins were planned for order. Mr. Nicholas conveyed that some of the Board Members were under the impression that only the Board would distribute the coins. Mr. Nicholas requested guidelines for distribution from the City Manager. Council Member Petsos Mr. Petsos thanked the Recreation Department for a successful Fall Festival. Mr. Petsos requested to have the Recreation Department's upcoming activities posted to the existing City web site. Mayor Pro Tem Bob Hoog • No report. Mayor Randels 0 No report. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 9 of 12 Council Member Roberts • Ms. Roberts requested to have the information related to Commissioner Nelson's visit at the Library on the City's web site. • Ms. Roberts announced that Council Member Buzz Petsos would be recognized as a Space Flight Awareness Honoree for his work with the Hubble Space Telescope Project. • Ms. Roberts reminded about voting on November 4t" and mentioned that early voting was available. Ms. Roberts recognized those candidates present at the meeting: Mayor Pro Tem Hoog, Council Member Leo Nicholas and Mr. John Johanson and Mr. Jack Olive and Ms. Betty Walsh who were also candidates. AUDIENCE TO BE HEARD: • Mr. David Shirtzinger stated that he researched how the City funds its Capital Improvement projects. He distributed four charts related to increased taxes using people in different tax brackets and noted the disparity for those paying for the Fire Station. He stated how he found out that the City could not charge a special assessment, nor could it build a Fire Station under a CRA. Mr. Shirtzinger presented the need to seek alternative funding for the City's Capital Improvement projects. Mr. Shirtzinger explained a manner to result in a flat rate fee for Capital Improvement projects. Mayor Randels replied that the inequity was a result of the Save Our Homes initiative. Mr. Shirtzinger stated how the City was compounding the inequity by adding more taxes through an Ad Valorem increase. Discussion followed on a flat rate user fee to fund a Capital Improvement project. Attorney Garganese stated that Fire Stations were typically funded with Fire Impact fees or Bonds. Ms. Joyce Hamilton reminded of the Golf for Kids Fundraiser at the Funntasia Miniature Golf Center on Saturday, November 1St BOARD INTERVIEW: Paul Pritchard — Business and Cultural Development Board. Mayor Randels called on Mr. Paul Pritchard. Mr. Pritchard affirmed for Attorney Garganese that all of the answers on his application were true and correct to the best of his ability. Mr. Pritchard stated that he has an international economic development background. His work has been identifying specific projects which promote economic development and bring in new businesses. Mr. Pritchard observed a difference in the developing Cape Canaveral community and he desired to take action in light of such upcoming events as the Space Center closing. Mr. Pritchard stated that the Board should be on the one hand reactive, yet also proactive in identifying and contacting new businesses which require action on the Board's part. Mr. Pritchard replied to Ms. Roberts that he noticed much more development in some areas; however, declining businesses along State Road A1A City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 10 of 12 and tourist activity being transported to Orlando due to lack of shopping and restaurants in the area. In response to Ms. Roberts question related to future ideas, Mr. Pritchard brought out that he would consider contacting the Prime Outlet for the United Space Alliance building. Council Members individually expressed their approval for Mr. Pritchard to join the Board as his abilities were well suited to its mission. Mayor Randels informed Mr. Pritchard that the City of Cape Canaveral's Sister City is Vila do Bispo, Algarve. Mr. Pritchard affirmed that he was familiar with the area. In conclusion, Mr. Pritchard stated that he did not desire a six -lane highway on SR A1A as it was already difficult to cross. In conclusion, Mayor Randels stated that a Resolution to place Mr. Pritchard on the Business and Cultural Development Board would appear on the next Agenda for Council's Consideration. Stephanie Robinson — Recreation Board. Mayor Randels called on Ms. Robinson. Ms. Robinson affirmed for Attorney Garganese that all of the answers to her application were true and correct to the best of her ability. Ms. Robinson stated that she has been in the City since 1988 and would like to participate and help it grow. Ms. Robinson replied to Ms. Roberts that the Recreation program has expanded considerably and she desired to participate. Council Members individually expressed their appreciation for her interest to serve on the Board. Mayor Pro Tem Hoog stated that he would like to speak to Ms. Robinson about participating in the Kiwanis Club in Cape Canaveral. Ms. Robinson informed that she had five years experience with youth in a camp setting with the Girl Scouts. In conclusion, Mayor Randels stated that a Resolution to place Ms. Robinson on the Recreation Board would appear on the next Agenda for Council's Consideration. CONSENT AGENDA: City Council Regular Meeting Minutes of October 7, 2008. 2. Resolution No. 2008-30; Appointing a Regular Member to the Beautification Board. (P. Miner) 3. Resolution No. 2008-31; Re -Appointing Regular Members to the Beautification Board.(M. Carroll, J. Hale, and E. Mars) 4. Outdoor Entertainment Permit for the Brevard County Sheriffs Office P.A.L. Cape Canaveral Youth Day. Mayor Randels asked if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 through 4 with Ms. Roberts' corrections to Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 11 of 12 Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATION: 5. Motion to Approve: Cancelling the Regular City Council Meeting of November 4th and Scheduling a Special Meeting to Certify the Election Results on November 6th There was no further discussion. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, Absent; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. RESOLUTION: 6. Motion to Adopt: Resolution No. 2008-32; In Support of the Brevard Metropolitan Planning Organization's Resolution for the Florida Department of Transportation to Add State Road 528 to Their 2035 Strategic Intermodal System [SIS] Plan. Attorney Garganese read Resolution No. 2008-32 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, IN SUPPORT OF THE BREVARD METROPOLITAN PLANNING ORGANIZATIONS' RESOLUTION NO. 09-03 RECOMMENDING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION ADD STATE ROAD [SR] 528 IN THE 2035 STRATEGIC INTERMODAL SYSTEM PLAN; PROVIDING FOR AN EFFECTIVE DATE. Mr. Petsos pointed out that the Resolution supported a road widening on SR 528. Mr. Petsos emphasized how continued widening would divide Cape Canaveral's main highway. Mr. Boucher stated that Cape Canaveral could re -define its own Resolution with language saying that the City desired to explore multi -modal options and then return with a revised Resolution for further discussion. Mr. Nicholas stated that one of the needs for a study would be to seek results that would identify the effect of a proposed six -lane highway on the adjacent communities. Mr. Petsos asked if Cape Canaveral or Cocoa Beach voted to support this Resolution at the MPO Meeting. Mayor Randels responded that he did not support this Resolution nor did Cocoa Beach. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Extend the Meeting Until 10:10 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 21, 2008 Page 12 of 12 DISCUSSION: 7. January 2009 "State of the City Report." Ms. Roberts requested a report from either the Mayor or the City Manager related to the City's Accomplishments for the previous year of 2008 and the City's planning forward for 2009. 8. 2009 Florida City Government Week Planning. Ms. Roberts requested agreement from the Council to plan forward up to three meetings prior to the Florida City Government Week in order for Council Members to more fully participate. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:10 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida THURSDAY November 6, 2008 5:30 P.M. CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Building Official Planning & Development Director Recreation Director RESOLUTION: AGENDA Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Todd Morley Barry Brown Robert Lefever Motion to Adopt: Resolution No. 2008-33; Certifying the Results of the General Election of November 4, 2008. Mayor Randels read the Resolution in its entirety. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 4,2008; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral, Florida City Council Special Meeting November 6, 2008 SECTION 1. The City Council accepts the certification of the election returns as submitted by the Brevard County Supervisor of Elections for the General Election of November 4, 2008. The City Council certifies as proper the following election returns for City Council (Vote for Two) the whole number of votes cast was 7681 of which number: Candidate for City Council Total Votes Robert E. Hoog 2152 John Johanson 1160 Leo Nicholas 1301 Jack Olive 953 Betty Walsh 2115 SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of November, 2008. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve Resolution No. 2008-33 to Certify the Election Results of the November 4, 2008 General Election. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. ADJOURNMENT: There being no further business, the Chair Adjourned the meeting at 5:37 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 11-18-08 AGENDA Heading Consent Item 3 No. Resolution No. 2008-34 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-34 APPOINTING A REGULAR MEMBER TO THE RECREATION BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-34, appointing Stephanie Robinson as a regular member of the Recreation Board. Summary Explanation & Background: Term will expire 10-01-2011. Exhibits Attached: Resolution No. 2008-34 City Manager'--pffice Department LEGISLATIVE �pe nt\k m\m cuments\ cil\meeting\2008\11-18-08\2008-34.doc RESOLUTION NO. 2008-34 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 54-26, established the Recreation Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Stephanie Robinson is hereby appointed as a Regular Member of the Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 04iSi1111 SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of November, 2008. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\Resolutions\BOARDS\Appointments\2008\Recreation_Regular Member.doc To: Bennett Boucher, City Manager From: Robert Lefever, Parks & Recreation Director CC: Mayor Randels & City Council Members Date: October 16, 2008 Re: Regular Board Member Bennett, On Monday, September 29, 2008 the Recreation Board interviewed Stephanie Robinson for the current regular brd.. member vacancy. The Board unanimously approved her application & they would like to see her put on the Council agenda for the October 21St meeting. Thanks, Robert Lefever SEP l J 2008 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COM W�L= Pursuant to Section 2=171, Cape Canaveral Code. City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL Applicant Name: 061 fso,v 2. Home Address: 211 CA ao i..r,`f ;;�- s _�('T q C4DECt--rAyerA(-, F(- 3. L3. Home Telephone: 32 1 -2- 9 1 3292 r 4. Occupation' -PH L Cf� 01-0 M (SZ' s. Business Telephone: 3Z I - &3 Z- f) l 9-> 6. Business Address: RS 1 S'_ J S l (Zo LILL-Fl)6 E, PL- B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4a. If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y)-Z(N) (y)K (N) (Y) (N) (Y)(N)>!� S. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y(N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interept in serving on a City advisory board or committee• T:"VC LI,. E>, IAJ CnpI=- CAXJa.rr=r-.L- f VM A Z;;)Ci '-r, M IF 2. Briefly state any prior experiences in serving on any governmental board or committee: 000, 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C. 3 Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Ubrary Board h. Planning and Zoning Board* L Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American X Female Hispanio-American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS (SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. If you should ave any questions regarding the completion of this application, please contact t e i Cie 's Offl 321) 868-1221. Signature: Date: 9 r i I �g Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Meeting Type: Regular Meeting Date: 11-18-08 AGENDA Heading Consent Item 4 No. Resolution No. 2008-35 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-35 APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-35, appointing Paul Pritchard as an alternate member of the Business and Cultural Development Board. Summary Explanation & Background: Term will expire 06-01-2011. Exhibits Attached: Resolution No. 2008-35 City Manager's -Office ,---7) Department LEGISLATIVE c - ki \my oc ents\a uncii meeting\2008\11-18-08\2008-35.doc RESOLUTION NO. 2008-35 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has established by Code Section 22-27, the Business and Cultural Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Paul Pritchard is hereby appointed as an Alternate member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2011. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of November, 2008. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts K:\CityClk\ResoIutionsWARDS\Appointm ents\2008\BCD B_Alternate_Pritchard. doc For Against Mefflfflm To: Bennett Boucher, City Manager From: Kim M. McIntire, B&CDB Secretary CC: Susan Stills, City Clerk Date: October 16, 2008 Re: Prospective Board Member The Business & Cultural Development Board interviewed Mr. Paul Pritchard at the October 15, 2008 monthly meeting. The board feels that Mr. Pritchard would be an asset to the board and recommends that City Council interview Mr. Pritchard at their October 21, 2008 meeting for appointment as an alternate member of the City of Cape Canaveral's Business & Cultural Development Board. Respectfully submitted, Kim M. McIntire, Secretary CITY OF CAPE CANAVERAL L -APPLICATION FOR APPOINTMENT TO CITY ADVISORY E Pursuant to Section 2-171, Cape Canaveral me i L� e SEP 3 0 1003 City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: �1! 2. 3. 4. 5. 6. B. GENERAL Applicant Name: L- �t2tTC (rL� Home Address: $6 �:��4 1`�oJ4 J9. (?AP , (ItAveral Home Telephone: 3 L4 L 6 6- g U0 -7 Occupation: ,►r.�cQ�.dt �o �uSn�r�¢lS 11 Mexelupro&� Business Telephone: Business Address: ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y) `� (N) (Y) (N) ''� m (N) (Y) (N) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent <-* to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? m `� (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) !I 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in 2. Briefly state any prior a.+�Ir ovdwLrr ri✓f, on a City advisory board or committee: e-bAl- t u C -a- W. --Vt*JL tZ"-,Q in serving on board or committee: 0.4� e t_J—S 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: P� t �'AA L-A (�C.NI I.MJ — 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C. 1 Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American �' Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: �ro Iy�y,� lac S Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 8686 Villa Nova Dr. Cape Canaveral, FL 32920 (321) 266 - 9107 paul.pritchard@live.com SUMMARY • Qualified by demonstrated competencies in teaching, writing, research, publications and presentations. • Specialized in the influence of international cultural and legal differences on business and finance, attraction of foreign investment and European privatization process as a key to economic development. • Bi -lingual English & Portuguese. Understanding of Spanish and French. • Formal diversity/multicultural training and experience in international business, law, formal higher education, government and security issues. RELATED EDUCATION Harvard Law School Postgraduate PIL 1987 Law Degree (LLM equivalent) 1986 Classical University of Lisbon, Portugal Marketing Management Certificate 1980 IATA Institute, Lisbon RELATED EXPERIENCE Public Policy, Legal & Management Consultant 1994-2007 Portugal, Africa and USA • To Government, NGO's, and private enterprise CEO's in area of privatizations, economic development, mergers and acquisitions, corporate restructuring, project development and implementation in lieu of changing public policy • Outlined, lobbied and implemented innovative general public policy changes • Joint Commission advisor for development implementation and fundraising 8686 Villa Nova Dr. Cape Canaveral, FL 32920 (321) 266 - 9107 paul.pritchard@live.com Professor of International Business Law & Practices 1998-2002 European University, Lisbon, Portugal • Practical aspects of international business • International cultural differences and remedies • Workshops on doing business in an international multicultural environment • Restructuring of International Business & Law Department • Developed, wrote and researched course materials Professor of Law — MBA Program 2001-2002 INUAF, Algarve, Portugal • Contracts and labor law internationally • Sexual harassment as seen internationally • Developed, wrote and researched course materials National Council for Capital Markets 1992-1994 Special Commission for Privatizations Lisbon, Portugal • Drafted Laws and Government Regulations • Drafted laws modifying existing commercial and financial markets legislation • Provided legal opinions and public policy papers • Developed and implemented corporate restructuring plans Luso-American Development Foundation 1990-1992 In country liaison for the US Department of Commerce • Organized the 1991 OPIC Investment Mission to Portugal • Drafted program outlines, conference materials and news releases • Identified Mission objectives, participants and opportunities • Organized follow-up programs for mission participants 8686 Villa Nova Dr. Cape Canaveral, FL 32920 (321) 266 - 9107 paul.pritchard@live.com USA/Portugal/PALOP Economic Development Conference 1992 Lisbon, Portugal • Co-organizer of the trilateral conference responsible for program development and implementation, funding, logistics and security issues Lecturer of Law & Practices of Mergers & Acquisitions 1989-1990 CIFAG Management School, Lisbon, Portugal • Developed and lectured "Mergers & Acquisitions for Senior Executives and CEO's " pursuant to impending alteration to Capital Markets legislation in Portugal Lawyer & Management Consultant Lisbon, Portugal • Property Acquisition & development • Securities transactions • Banking & finance • Onshore & offshore petroleum concessions • Privatizations RELEVANT PUBLICATIONS & PRESENTATIONS 1985-1992 Reform of the Portuguese Securities Markets Legislation: The Financial Market Regulatory Structure and Insider Trading, International Business Lawyer, Vol. 19, November 1991. Portugal as a Gateway to Europe & Beyond, National Conference for Women in International Business, San Francisco, California, October 1992. Corporate Restructuring & Bankruptcy, Institute for International Research, September 1993. 8686 Villa Nova Dr. Cape Canaveral, FL 32920 (321) 266 - 9107 paul.pritchard@live.com International Purchase & Sale and Arbitration, Institute for International Research, January 1994. Various opinion articles in international publications and speaking engagements at international business venues. ADDITIONAL EDUCATION & CERTIFICATIONS Doctor of Christian Counseling 2006 Trinity Institute Master of Pastoral Counseling 2002 Trinity Institute Board Certified Pastoral Counselor 2007 International Board of Christian Counselors Clinical Applications of Religion and Spirituality in Healthcare 2007 Duke University Medical Center ADDITIONAL ACTIVITIES Pastoral Counselor & Motivational Speaker 2002-2007 USA & Europe • Pastoral Counseling & healing prayer in hospitals. • Parish and School Missions • Healing seminars & Conferences • Individual & group Pastoral Counseling Teacher 1999-2000 Amor de Deus Catholic School, Portugal • English as a Foreign Language • Guided students in reading and drama skills • Counseled students with learning and behavioral issues I _ t g1ba� 8686 Villa Nova Dr. Cape Canaveral, FL 32920 (321) 266 - 9107 paul.pritchard@live.com Executive Director/Administrator 1990-1993 Parish Religious and Social Center, Portugal Develop, and run the center activities that provided 300 daily meals and cleaning services to parish shut-ins, the elderly activity center, daycare center, after school activity center Fundraising for Center activities Author 2006 Four Steps to Healing: Trust, Surrender, Believe & Receive 48hrBooks, ISBN 978-1-59916-247-8, 120pgs. American Citizen, born London, England on 3/3/1960. Meeting Type: Regular Meeting Date: 11-18-08 AGENDA Heading Consent Item 5 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR ALL DAY VETERANS OF FOREIGN WARS POST 10131, PEARL HARBOR DAY COMMEMORATIVE SERVICE BBQ PICNIC AT MANATEE PARK, SUNDAY, DECEMBER 7, 2008 DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of an outdoor entertainment permit for the VFW Pearl Harbor Day Commemorative Service BBQ Picnic on December 7`' at Manatee Park as requested by Quarter Master Leo Nicholas. Summary Explanation & Background: See attached permit application and letter. I recommend approval. Exhibits Attached: Post Commander's letter; permit application City Manage"lffice Department LEGISLATIVE ca kim\m docu is\admin\count- -Cmeeting\2008\11-18-08\VFWpermit.doc Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: // b 8, 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. Name of Applicant: L /l%l j} d Title: C�)V ,A_ fZ Firm: NS OF FOREIGN WARS POST 10131 Address: 1014LONGPOI .ROAD E -Mail: CAPECANAVERAL, FL 32920 Telephone: _ � 2-J — 7 — F o / `/ FAX: Local Contact: Title: Local Address (if different from above) Type of Event: P / C ./V J C Will Alcoholic Beverages Be Served on the Premises? YES NO �\ / Event Date(s) in Cape Canaveral: 7 11 dr' Location(s): Date(s) Time J % � 4--Tc-E P,;;I a /-- Attach map(s) indicating event area and designated parking areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑Other []Vehicle Parking on City Property Specify: If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 I�1CI.Yi1�7J�C�Ly 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 $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: /41S'/4_ SV64c `Policy No: .1'"P /-- "zZ C, e- `t ©-1— I C) Expiration Date: A, /Z z / 0 `i II. PROMOTIONAL AUTHORIZATION 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 particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived 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. List any exemptions you are seeking. Date Applicant or Representative/Title 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 Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 %iT 7S EME�TS A''tD ElVTL RTAJN. ,TENTS b _0.45 i 1 ARTICLE I. DN- GE-N-ERAL i 108.2.1 M-mbersclD. Me?T:bex3 of the CGP. strriction board of adjustmer><t and appeals Secs. 10.1-10.25. Reserved. should be composed of inlividuals with k7now?edge and experience �_h the technical codes, such as design profes3ionals, contrac. `;ARTICLE II. AMU SEIYIENT DEVICE tors, or building industry'representatives. '� CODE* 11A bo'P--d member shall not act in a case in which�he has a personal or financialin- in- Sec. 1\ 26. Adopted. /i,,- Sec. terest. 108.2.2 rms. The ter s of office of the (a) The Standard Amusement D vice Code, board mem ers shall b two years from the 1985 editio�, published by the South rn Building date of appo tment. ontinued absence of Code Congrss International, Inc., adopted by reference as though it were copied fully in this any member ram r quired meetings of board shall, at the scretion of the city article. i council, render ch member subject to (b) Wheneve the term "a ministrative immediate remov from office. authority" or "of tial" is used in he amusement 108.2.3 Secretary o Board. The building device code adopte in this sectio it shall be con- official or design e sh 1 act as secretary of strued to mean the uilding offi ial of the city or the board and s all m a detailed record his authorized repre entative. of all of itsroc edin p gs, w 'ch shall set forth (c) Any person wh shall vi late or who shall the reasons fo its decision, he vote of each fail to comply with th code dopted in this sec- member, the absence of a m ber and any tion or who shall viol to or ail to comply with failure of a ember to vote. any order or regulatio m de under the code (3) Section 10 .3 is amended to rea as follows: adopted in -this section o o shall build in vio- lation of any detailed sta ent or specifications 108.3 Q orum and voting. A si ple ma- or plans submitted and ap roved under such code jority the board shall cons 'tute a or any certificate or per 'ssued under such code quota shall, for each and every s h violation and non compliance, respectively, be unished as provided gees. 10-28 10-45. Reserved. in section 1-15. (Code 1981, H 628.01 628.0 ) TICLE III. OUTDOOR Sec. 10-27. Ames ents. ENTERTAINMENT i The amusement evice code a opted in section DIVISION 1. GENERALLY 10-26 is amended follows: (1) Section 108/1 is amended to read as follows: Appointm nt. There is hereby established a board t be called the constru tion board of adjust ens and appeals, which ,hall con- sist of i ve members. The board hall be appoint[d by the city council. i2! Sectio 108.2 is amended to read as fo%ic 108.2. Membership and Terns. "Cross ref ence—Code enforcement, § 2.246 e: seq. Sec. 10-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Outdoor entert=inment events means any gath- ering of groups or persons for the purpose of par - 'Cross references—Code enforcement, § 2.246 et seq.; ks parand recreation, ch. 54; streets, sidew=alks and other public places, ch. 66; buildings and building reo lations, ch. 82; zoning, ch. 110. CD10:3 § 10-40 C??E C?N-AV;R-A1, CODE ticipating in, viewing, observing, watching or lis- tening to entertainment which consists of musical renditions, sporting contests or events, festivals or other entertainment not conducted withiin a completely enclosed structure. (Ord. No. 23-92, § 1(729:01), 12-1-92) Cross reference—Defuiiticrs and rules of construction gen- erally, 3 1-2. Sec. 10-47. Compliance with other laws The staging, promoting or conducting of an out- door entertainment event shall be in full and com- plete compliance with all zoning and land use laws in subpart B of this Code, beverage license laws and other laws, ordinances and regulations appli. cable to the city. (Ord. No. 23-92, § 1(729.04), 12-1-92) Sec. 10-48. Penalties for violations. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this ar- ticle shall be punished as provided by section 1-15. (b) The city council may revoke the special out- door entertainment permit granted and shall im- mediately notify the city treasurer to revoke any occupational Iicense upon the occurrence of any violation of this article. (Ord. No. 23-92, § 1(729.07), 12-1-92) Sec. 10.49. Occupational license required It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city unless he shall have secured an occupational license as provided for in section 70-88, which occupational license shall be issued only after issuance of the special entertainment permit by the city council. (Ord. No. 23-92, § 1(729.02), 12-1-92) Cross reference—Occupational license taxes, § 70-88. Sec. 10.50. Exceptions. The city council shall have the right to waive the applicability and necessity of any of the sec. tions of this article to any outdoor entertainment event sponsored by the recreational boards estab- lished by the city or any outdoor entertainment event promoted by a nonprofit organization, assc- CD10:4 ciation or group if such outdoor entertainment event of such organization, association or group has been sanctioned or approved by the council, Such sanction and approval of an outdoor enter- tainment event promoted by such organization, association or group shall_ be based upon a suffi- cient showing that the sections waived 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 the applicable standards set forth in this article. (Ord. No. 23-92, § 1(729.08), 12-1-92) Secs. 10-51-10.60. Reserved. DIVISION 2. PERMIT Sec. 10-61. Required. Any person desiring to stage, promote or con. duct any outdoor entertainment event within the corporate limits of the city shall first secure a special entertainment permit from the city council. (Ord. No. 23-92, § 1(729.03(A)), 12-1-92) Sec. 10-62. Application. An application for a special outdoor entertain- ment permit shall be submitted in writing to the city council on forms provided for this purpose at least 45 days in advance of the date of commence- ment of the outdoor entertainment event for which the permit is requested, in order to permit the council to evaluate the application in an orderly and expeditious manner. The application shall con- tain the plans, documents and information speci- fied in this section. No permit shall be issued by the council until receipt and approval of all plans, documents and information and until the following minimum conditions are met or such higher con- ditions as required by the council upon a review of any unique problems contained in the plans, doc- uments and information are met: (1) Adequate plans for site construction_, sani- tation facilities, sewage disposal, garbage and refuse disposal, drainage, floodlighting during darkness, insect and rodent control water supply and food service. For the nur- poses of evaluating such plans, the stan- dards established by the rules of the state ? SPI USEN'.ENTS AND E TERT A1,VYLENTS S. ,C-62 division of health in the sanitary code of the state shall be considered as minimum requirements. For the purposes of this ar- ticle, part IV, chapter 10D-25, excludir-g sec- tions 25.077, 25.078, 25.079, 25.080, of the Florida Administrative Code and any suc- ceeding rule, regulation or law shall be con- sidered specifically applicable to the oper- ation of an outdoor entertainment event. In evaluating the plans, the council shall also consider the applicability of F.S. ch. 386, part I, and such other provisions of law, the sanitary code or local ordinances as it may deem necessary in the interests of the public health and welfare. (2) An adequate geographic description and scale map or plan of the festival site showing the location of all required facili- ties, including adequate traffic control and parking facilities outside the performance area. Such plans shall provide for at least one parking space for every five patrons and for safe transportation of the patrons from the parking area to the performance area. No motor vehicle shall be permitted outside. the designated parking area, ex- cept when necessary to ensure compliance with this article. (3) An adequate plan for medical facilities. There shall be provided one physician H. censed in this state on duty at all times for every 2,000 patrons, one nurse licensed in this state on duty at all times for every 1,000 patrons, one bed or cot for every 200 patrons, complete and sterile supply of med- icines, bandages, medical compounds, med- ical instruments, serums, tape and such other supplies as are necessary to treat ad- verse drug reactions, cuts, bruises, abra. sions, bites, fractures,- infections and other injuries commonly connected with such out- door activities. i 4 An adequate plan for internal security, traffic control, communications, fire protec- tion and emergency services, including arn- bularce service, in and around the event area. Such plan shall provide for at least one person professionally trained in secu- CD 10:5 rity and trarnc control on duty at all tunes for every 800 patrons, with no security per- sonnel working more than one eight-hour shift in any 24-hour period. The plan shall include a detailed description of the plan of security, traliic control, communications, fire protection and emergency services, in- cluding ambulance service, to be used and how it is to be impler ented, and a detailed background on the training and ability of the personnel to be used in implementing such plan. (5) A full and complete disclosure of the finan- cial backing of the outdoor entertainment event, including the names of all persons with a direct or indirect financial interest in the staging, promoting or conducting of such event, whether such interest be by virtue of ownership in any entity staging, promoting or conducting such event, status as an employee of any person staging, pro- moting or conducting such event or any in- volvement by which such person stands to gain or lose financially from such event. (6) The names of all persons or groups who will perform at the outdoor entertainment event and executed copies of all contracts or agree- ments with such persons or groups. (7) The names of all persons who will provide products, materials or services, other than entertainment, to or at the outdoor enter- tainment event and executed copies of all contracts or agreements with such persons. (8) The exact date and time of commencement and the exact date and time of the conclu- sion of the outdoor entertainment event. No event shall begin before 10:00 a.m. or end after 10:00 p.m. (9) 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, con- ducting or attendance of or at the outdoor entertainment event, written within Limits of not less than $300,000.00 damage or in - § 10.62 CAPE C? —vA E. AL CODE jury to any one person_ for bodily injury or otherwise, plus $25,000.00 damage to prop- erty, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy^shall be attached to the application'fgzaapecial outdoor entertainment permit, (together with adequate evidence that the premiums are paid. (10) Such additional conditions, criteria or de- tailed specifications for the special enter- tainment permit established by resolution of the city council as the council may deem necessary to carry out the intent of this ar- ticle for the protection of the public health, morals, safety and general welfare, in- cluding insurance coverage in addition to the amounts and types of coverage speci- fied in subsection (9) of this section. (Ord. No. 23-92, § 1(729.03(B)), 12-1-92; Ord. No. 8-94, § 1, 2-1-94) Sec. 10-63. Fee. The city council shall assess, upon the filing of the application for an outdoor entertainment permit, a minimum nonrefundable fee per day es- tablished by resolution of the city council and set forth in appendix B to this Code. (Ord. No. 23-92, § 1(729.05), 12-1-92) Sec. 10.64. Cash cleanup bond. Any person holding a special outdoor entertain- ment permit shall deposit with the city treasurer a cash bond in the amount of $500.00. The cash bond shall be for the expense of cleaning up any debris, paper, litter or trash left by the patrons at the outdoor entertainment event or by the holder of the permit or his agents, employees or contrac- tors. The cash bond shall be returned to the holder of the permit upon certification by the city man- ager that all debris, paper, litter or trash has been removed from the premises on which the outdoor entertainment event was held within 24 hours from the designated conclusion time of the out- door entertainment event and that no damage has been done to the streets, sewers, structures, trees and shrubbery on such premises or the adjoining property. Upon failure of the holder of the permit to complete such cleanup or repair such damage within the 24-hour time period, the city shall have the right to forthwith take such corrective action as it may deem necessary and to deduct the cost of cleanup or repair from the amount of the cash cleanup bond. (Ord. No. 23-92, § 1(729.06), 12.1-92) Secs. 10.65-10.85. Reserved. r 1 TICLE IV. ADULT ENTERTAINMENT* ,, DIVISION 1. GENERALLY Sec. 10.8 Definitions. i The followi �!-_Ie ords, terms and p� rases, when used in this ar, shall have the meanings ascribed to themthis section, exfept where the context clearly in&gates a different meaning: Adult arcade mean an establishment where, for any form of consider tion, ane or more motion picture projectors, slidep ojectors or similar ma- chines for viewing by five 4r' fewer persons each are used to show films, motion pictures, video cas- settes, slides or other photo'grYphic reproductions which are characterized b ' empasis upon the de- piction or description of secified xual activities or specified anatomical areas. For e purposes of this article, adult arcade is included within the definition of adult motion picture theater. i" Adult bookstore means a place that s is or of- fers ffers for sale, for any/form of consideratio adult materials, the gross�sale of which represent ore than ten percent offthe gross sales of the plaor that comprises more than ten percent of the i i- vidual items it displays on the premises as i - `Cross references—Code enforcement, 12-2-46 at sea.; reg- ulations regarding nudity on alcoholic beverage establish- ment premises, § 6.27; public nudity prohibited, § 50.2; occu- pational license t --Yes, § 70-66 et seq.; zoning, ch. 110; adult entertainment establishments permitted by special exception in the M-1 light industrial and research and develcorn entd is- trict, dis- trict, § 110.354. CD10:6 Kim McIntire From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Tuesday, October 28, 2008 4:51 PM To: 'Robert Lefever' Cc: Kim McIntire Subject: RE: Letter from VFW, James Burt, Sr., Post Commander Robert, Council can approve this as part of an outdoor permit. 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) They would need to get a Alcoholic permit from the State as well. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321-868-1224 www.myflorida.com/cape -----Original Message ----- From: Robert Lefever [mailto:rlefever@cfl.rr.com] Sent: Tuesday, October 28, 2008 4:41 PM To: 'Bennett Boucher' Subject: FW: Letter from VFW, James Burt, Sr., Post Commander Bennett, This would be a good time to get the draft of the alcohol permit on the agenda for council to approve. Thanks, Robert Lefever Parks & Recreation Director 7300 N. Atlantic Avenue Cape Canaveral, FL. 32920 321-868-1226 rlefever@cfl.rr.com -----Original Message ----- From: Kim McIntire [mailto:mcintire-cape@cfl.rr.com] Sent: Tuesday, October 28, 2008 1:42 PM To: Robert Lefever Cc: Cape Canaveral Parks & Rec 1 VFW iETRANSOF FOREiGNWAR= 7THE_.S. CAFE CANAVERAL =0S i NO. 1-31, 31 ;_eng Pain; Road v"eJe CcFsdVeial, Fiodda 32920 trtayur —✓—(s Pub. Finance Dir. October 27, 2008 TO: Mayor & City Council City of Cape Canaveral. The Cape Canaveral Veterans of Foreign Wars Post 10131 is planning to hold a Pearl Harbor Day Commemorative Service in conjunction with a Bar -B -Q Picnic on Sunday, December 7, 2008. We feel that Manatee Park would be an ideal location to conduct this activity.. We would like to be able to provide.alcoholic beverages, (probably just beer) to go along with the Picnic and request your permission to do so. We would get a 1 -day Permit.from the BATF and would obey any conditions which the City would impose. Thank you for your consideration. James Burt, Post Commander =+ S OF FOEIGN WARS OF i HE UNI I FD S TAT ES WHEREAS, America's character begins in the home, where children learn the proper standards of conduct and values; and WHEREAS, families provide children with the encouragement, support, and love they need to become confident, compassionate, and successful members of society; and WHEREAS, parents should be the most prominent and active figures in their children's lives; and WHEREAS, by spending more time together, parents can develop positive and open relationships with their children and encourage them to make positive choices; and WHEREAS, Floridians must work together to promote and preserve the health and security of our families by upholding the timeless values sustained in our society; and WHEREAS, Florida's citizens, schools and civic institutions can assist families by helping to meet the needs of all those who live in our communities; and NOW, THEREFORE, 1, Rocky Randels, by virtue of the authority vested in me as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim the month of November 2008 as Family Month in the City of Cape Canaveral and urge all families to strengthen their homes through participation in meaningful activities such as family discussions, home improvement projects, church attendance, recreational sports and family prayer. THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS September 21, 2008 Mayor Rocky Randels PO Box 326 Cape Canaveral, FL Florida 32920 Dear Mayor Randels, On behalf of The Church of Jesus Christ of Latter-day Saints Cocoa Florida Stake we propose a joint effort to continue the annual tradition of November is Family Month in our community. In 2005, Governor Jeb Bush and the Florida State legislature designated November as Family Month in the state of Florida. Since then Brevard County and municipalities throughout Brevard have issued proclamations declaring November is Family Month. This tradition is now entering a fourth season. We find the following suggestions for November is Family Month have a dramatic impact in families living in our community. We hope you will consider them as valuable tools to promote family as the fundamental unit of society: 1) Issue allovember is Family Month proclamation (sample attached). 2) Send us a copy of your proclamation. 3) Schedule one or more November is Family Month events or programs to be held in your area. 4) Recommend Monday evenings be free of meetings or events and encourage parents to dedicate that night toward family activities and discussions in the home. 5) Display a November is Family Month poster within your jurisdiction to help local families become keenly aware of your support. 6) Send a calendar entry style description of your November is Family Month activities to jodywardell@bellsouth.net to posted on www.weekofthefamily.org. We look forward, in earnest, to participating with you as we strive to improve our community and strengthen the family through good, wholesome activities and discussions. Always willing to be of service, we hope you will contact us as needs arise in the community. Sincerely, Jamie D. Humphreys Cocoa Stake President The Church of Jesus Christ of Latter -Day Saints 460 Carriage Road Satellite Beach, Florida 32937 H: 321/779-9967 E-mail: jdeeh@aol.com Meeting Type: Regular Meeting Date: 11-18-08 AGENDA Heading Consideration Item 7 No. last year's annual cost per employee of $5,800.68. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: GROUP HEALTH BENEFITS - ANNUAL RENEWAL DEPT/DIVISION: ADMINISTRATION/HUMAN RESOURCES Requested Action: City Council consider the renewal of group medical, dental, vision and life insurance coverage as recommended by the City Clerk/Human Resource and Risk Services Director. Summary Explanation & Background: See attached outline of costs and coverage. The existing Health First HMO Plan 24, with the annual cost per employee of $6,375.96 which is 10% over last year's annual cost per employee of $5,800.68. We are encouraging employees to sign up for the Healthy Lifestyles Rebate Program that could return up to 3 % of the premium. I recommend the renewal as outlined in the attached memo; this is a budgeted item. Exhibits Attached: City Clerk's memo; coverage information City Mana er's-ice �/� Department ADMINISTRATION/HUMAN '= =" RESOURCES \ 0c admin\c0u meeting\2008\11-18-08\health ... 105 Polk Avenue, Cape Canaveral, FL 32920 P.O. Box 326 321-868-1220/1221 321-868-1248 Memo To: The Honorable Mayor Randels and City Council Members From: Susan Stills, CMC, City Cler�1 Q Bennett Boucher, City Manager Date: November 12, 2008 Re: Health, Dental/Vision, and Life Insurance Rate Renewals This is the City's second year using Health First Health Plan 24. The employees appreciate the added benefit of the free Pro -Health Fitness Membership. Our rates increased by 10 percent this year with costs outlined as follows: Current HFHP-Plan 24: $22,273.37 monthly Alternative Plan: HFHP-Plan 24 [with a Higher Prescription Rate] $21,297.36 monthly Alternative Plan: HFHP-Plan 25 [Higher Overall Cost for Services] $19,399.48 monthly We recommend to continue with the Plan 24 and Prescription Plan 2/7/15/35/70 at the $22,273.37 renewal rate. Please consider that many eligible employees have expressed an interest in opting into the Healthy Lifestyles Rebate Program which would return up to 3 percent of the City's premium in the subsequent renewal year based on the number of employees remaining in the program. This program is beneficial in two ways: 1) a healthy workforce, and 2) money for premium coverage. Also note that the City does not pay for dependent coverage. The Humana CompBenefits Dental and Vision coverage has also increased as outlined on the attached letter. Employees also pay for their own dependent coverage, so the increase would apply to the Employee Only cost. The vision coverage remained at the same rate of $5.74 per person; $14.17 per family. We recommend renewal with CompBenefits for Dental and Vision coverage. SunLife Finance Insurance cost $0.39 per thousand dollars of the employee's annual salary rate for Life and Accidental Death coverage. Our goal is to maintain quality health insurance coverage while monitoring the City's cost. CITY OF CAPE CANAVERAL Small Group Renewal Rates Effective 12/01/2008 HF24 Medical 2/7/15/35/70 Prescription Drug No Vision Coverage Health First 113962 Health Plans FA1 Current Plan Assumptions Rates assume a total carrier replacement. ` Employer must contribute at least 50% of the single premium and have 75% or more of eligible employees participating. " Employer must continue to satisfy all eligibility requirements as evidenced by complete submission of required documentation outlined in your Renewal Notice. No. of Rating Tiers Employees Medical Rx Vision Total Monthly Premium Employee Only 40 $454.27 $77.06 $0.00 $531.33 $21,253,22 Employee + Spouse 0 976.69 165.67 0.00 $1,142.36 $0.00 Employee + Child(ren) 1 872.20 147.95 0.00 $1,020.15 $1,020,15 Family 0 1,362.82 231.17 0.00 $1,593.99 $0.00 41 TOTAL MONTHLY PREMIUM $22,273.37 Employee 21,784.55 Dependent 488.82 Assumptions Rates assume a total carrier replacement. ` Employer must contribute at least 50% of the single premium and have 75% or more of eligible employees participating. " Employer must continue to satisfy all eligibility requirements as evidenced by complete submission of required documentation outlined in your Renewal Notice. CITY OF CAPE CANAVERAL Small Group Renewal Rates Effective 12/01/2008 HF24 Medical 2/15/30/50/100 Prescription Drug No Vision Coverage Health First 113962 Health Plans Alternate Plan Assumptions • Rates assume a total carrier replacement. • Employer must contribute at least 50% of the single premium and have 75% or more of eligible employees participating. Employer must continue to satisfy all eligibility requirements as evidenced by complete submission of required documentation outlined in your Renewal Notice. No. of Rating Tiers Employees Medical Rx Vision Total Monthly Premium Employee Only 40 $454.27 $53.77 $0.00 $508.05 $20,321.91 Employee + Spouse 0 976.69 115.62 0.00 $1,092.30 $0.00 Employee + Child(ren) 1 872.20 103.25 0,00 $975.45 $975.45 Family 0 1,362.82 161.32 0.00 $1,524.14 $0.00 V0��"m4 41 TOTAL MONTHLY PREMIUM $21,297.36 Employee 20,829,96 Dependent 467.40 Assumptions • Rates assume a total carrier replacement. • Employer must contribute at least 50% of the single premium and have 75% or more of eligible employees participating. Employer must continue to satisfy all eligibility requirements as evidenced by complete submission of required documentation outlined in your Renewal Notice. CITY OF CAPE CANAVERAL Small Group Renewal Rates Effective 12/01/2008 HF25 Medical 2/15/30/50/100 Prescription Drug No Vision Coverage Health First 113962 Health Plans NA Alternate Plan Assumptions Rates assume a total carrier replacement. • Employer must contribute at least 50% of the single premium and have 75% or more of eligible employees participating. • Employer must continue to satisfy all eligibility requirements as evidenced by complete submission of required documentation outlined in your Renewal Notice. No, of Rating Tiers Employees Medical Rx Vision Total Monthly Premium Employee Only 40 $409.00 $53.77 $0.00 $462.77 $18,510.95 Employee + Spouse 0 879.35 115.62 0.00 $994.96 $0.00 Employee + Child(ren) 1 785.28 103.25 0.00 $888.53 $888.53 Family 0 1,227.00 161.32 0.00 $1,388.32 $0.00 41 I TOTAL MONTHLY PREMIUM $19,399.48 Employee 18,973.73 Dependent 425.75 Assumptions Rates assume a total carrier replacement. • Employer must contribute at least 50% of the single premium and have 75% or more of eligible employees participating. • Employer must continue to satisfy all eligibility requirements as evidenced by complete submission of required documentation outlined in your Renewal Notice. Health First Health Plans Classic HF24 Overview Calendar year deductible — individual/family None Coinsurance None Out-of-pocket maximum — individual/family $1,500/$3,000 Lifetime maximum $5 million Office Chiropractor (20 visits max. per calendar year) visits Primary care physician (PCP) Podiatrist $15 $15 $15 Other Maternity (specialist copay for first visit) $25 services Ultrasound (no authorization required for first test) $25 (Some services Delivery $200/day* may require authorization) All other specialists (including consultations and second opinions) $25 Outpatient Alcohol/substance abuse, mental health treatment (20 visits max. each per calendar year) $35 services Allergy shots $5 Emergency room services $200 Lab tests, routine $0 Outpatient surgery $150 Preventive care (adult physicals, well-child visits, osteoporosis screenings, $0 and annual screenings for breast, colorectal, cervical, prostate, and skin cancer) $1, 000 maximum per calendar year Radiology/Imaging, routine (X-rays, ultrasounds) $25 Radiology/Imaging, specialty (CT, MRI, MRA, PET scans, nuclear studies; per date of service) $200 Renal dialysis $0 Specialty therapies (chemotherapy, radiation, drug infusion, IV therapy) $0 Vasectomy (only covered in doctor's office) $50 All other medically necessary outpatient services $0 Inpatient Hospital admission, acute rehabilitation $200/day* services (Some servCes Hospital admission, alcohol/substance abuse (detox and acute care only; 5 days mac. per calendar year) $200/da * may require Hospital admission, medical (includes all services) $200/day* authorization) Hospital admission, mental health, full and partial (30 days max. per calendar year) $200/day* Ambulance $0 Other Durable medical equipment and external prosthetic devices $0 services ($2,500 max. per calendar year, limit does not apply to diabetic supplies) (Some services Home health care (60 visits max. per calendar year) $0 may require authorization) Hospice (180 days maximum per calendar year) $0 Hyperbaric oxygen therapy (per treatment) $50 Pain management (per treatment day) $50 Rehabilitation, short-term (physical, speech, and occupational therapy, cardiac rehab) $25 Skilled nursing facility (120 days max. per calendar year) $0 Urgent Care — in service area (must use participating provider) $15 Urgent care — out of service area $40 * $1, 000 maximum per calendar year HF24 SMRY (1/2008) Note: This is a summary of benefits only. Limitations and Exclusions may apply. Consult your Certificate of Coverage for details. Health First Health Plans 2/7/15/35/70 Prescriptions filled at participating retail pharmacies 30 -day supply 90 -day supply Tier 1 $2 $6 Tier 2 $7 $21 Tier 3 $15 $45 Tier 4 $35 — Tier 5 $70 — Prescriptions filled by home delivery Tier 1 — $18 Tier 2 — $18 Tier 3 — $40 Tier 4 — $60 Tier 5 — $120 Covered drugs • Drugs on the formulary approved by Health First Health Plans. • Drugs, medicine or medication that, under Federal or state law, may be dispensed only by prescription from a participating physician or his/her authorized representative. • Some drugs require proof of medical necessity and prior approval by Health First Health Plans. See Formulary (drug list) for details. Exclusions • Drugs not on the formulary. • Drugs that do not, by Federal or state law, require a prescription (i.e., over-the-counter drugs). • Any legend drug for which a similar over-the-counter equivalent is available. • Any drug labeled "Caution: limited by federal law to investigational use" or experimental drugs. • Any medication that is consumed or administered at the place it is dispensed. • Drugs for which the recipient is not charged. • Prescription drugs for which benefits are paid under workers' compensation or any other similar law, whether benefits are payable for all or only part of the charges. • Prescription drugs for procedures and services that are not covered. • Prescription orders filled prior to the effective date or after the termination date of coverage. • Replacement of lost or damaged prescriptions. • Drugs not approved by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Law and regulations. • All new drugs approved by the FDA will be excluded from the preferred drug list/formulary unless Health First Health Plans' Pharmacy and Technology Committee, in its sole discretion, decides to waive this exclusion with respect to a particular drug. • Refills in excess of the amount specified by the Participating Physician, refills filled before 75% of the prescription has been used, or any refill dispensed after one year from the order of the participating physician. Rx SMRY 2/7/15/35/70 (1/08) Note: This is a summary of benefits only. Limitations and Exclusions may apply. Consult your Certificate of Coverage for detail: Health First Health dans 2/15/30/50/100 Prescriptions filled at participating retail pharmacies 30 -day supply 90 -day supply Tier 1 $2 $6 Tier 2 $15 $45 Tier 3 $30 $90 Tier 4 $50 — Tier 5 $100 — Prescriptions filled by home delivery Tier 1 — $45 Tier 2 — $45 Tier 3 — $90 Tier 4 — $150 Tier 5 — $300 Covered drugs • Drugs on the formulary approved by Health First Health Plans. • Drugs, medicine or medication that, under Federal or state law, may be dispensed only by prescription from a participating physician or his/her authorized representative. • Some drugs require proof of medical necessity and prior approval by Health First Health Plans. See Formulary (drug list) for details. Exclusions • Drugs not on the formulary. • Drugs that do not, by Federal or state law, require a prescription (i.e., over-the-counter drugs). • Any legend drug for which a similar over-the-counter equivalent is available. • Any drug labeled "Caution: limited by federal law to investigational use" or experimental drugs. • Any medication that is consumed or administered at the place it is dispensed. • Drugs for which the recipient is not charged. • Prescription drugs for which benefits are paid under workers' compensation or any other similar law, whether benefits are payable for all or only part of the charges. • Prescription drugs for procedures and services that are not covered. • Prescription orders filled prior to the effective date or after the termination date of coverage. • Replacement of lost or damaged prescriptions. • Drugs not approved by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Law and regulations. • All new drugs approved by the FDA will be excluded from the preferred drug list/formulary unless Health First Health Plans' Pharmacy and Technology Committee, in its sole discretion, decides to waive this exclusion with respect to a particular drug. • Refills in excess of the amount specified by the Participating Physician, refills filled before 75% of the prescription has been used, or any refill dispensed after one year from the order of the participating physician. x SMRY 2/15/30/50/100 (1/2008) Note: This is a summary of benefits only. Limitations and Exclusions may apply. Consult your Certificate of Coverage for detail Health First Health Plans Classic HF25 Overview Calendar year deductible — individual/family None Coinsurance 100/0 Out-of-pocket maximum — individual/family $3,000/$6,000 Lifetime maximum $5 million Office Chiropractor (20 visits max. per calendar year) $20 visits Primary care physician (PCP) $20 Podiatrist $20 Maternity (specialist copay for fust visit) $40 Ultrasound (no authorization required for first test) $25 Delivery $1,000/admission All other specialists (including consultations and second opinions) $40 Outpatient Alcohol/substance abuse, mental health treatment (20 visits max. each per calendar year) $45 services Allergy shots $5 Emergency room services $300 Lab tests, routine $0 Outpatient surgery $250 Preventive care (adult physicals, well-child visits, osteoporosis screenings, $0 and annual screenings for breast, colorectal, cervical, prostate, and skin cancer) Radiology/Imaging, routine (X-rays, ultrasounds) $25 Radiology/Imaging, specialty (CT, MRI, MRA, PET scans, nuclear studies; per date of service) $200 Renal dialysis $0 Specialty therapies (chemotherapy, radiation, drug infusion, IV therapy) $0 Vasectomy (only covered in doctor's office) $50 All other medically necessary outpatient services $0 Inpatient Hospital admission, acute rehabilitation $1,000/admission services Hospital admission, alcohol/substance abuse (detox and acute care only 5 days max. per calendar year) $1,000/admission (Some services may require Hospital admission, medical (includes all services) $1,000/admission authorization) Hospital admission, mental health, full and partial (30 days max. per calendar year) $1,000/admission Ambulance $150 Other services (Some services Durable medical equipment and external prosthetic devices ($2,500 max. per calendar year, limit does not apply to diabetic supplies) Home health care (60 visits max. per calendar year) 100/0 $40 may require authorization) Hospice (180 days maximum per calendar year) $1,000/admission Hyperbaric oxygen therapy (per treatment) $50 Pain management (per treatment day) $50 Rehabilitation, short-term (physical, speech, and occupational therapy, cardiac rehab) $40 Skilled nursing facility (120 days max. per calendar year) $1 000/admission Urgent care — in service area (must use participating provider) $20 Urgent care — out of service area $40 HF25 SMRY (1/2008) Note: This is a summary of benefits only. Limitations and Exclusions may apply. Consult your Certificate of Coverage for details. HEALTHY LIFESTYLE REBATE AMENDMENT The following program is amended to this Group Health Maintenance Contract, subject to all the terms and conditions stated herein, and subject to all the terms and conditions set forth in this Amendment. The effective date of this Amendment coincides with the Group's Effective Date set forth on the Group Plan Information Page. The Healthy Lifestyle Rebate program offers Small Group's the opportunity to receive a maximum potential premium rebate of 3% if specific lifestyle indicators are maintained or improved as outlined. The lifestyle indicators tracked in this program are weight, body mass index (BMI), and smoking status. In order to participate in the rebate program, employees enrolled on the Group's initial effective date will need b consult with a network Primary Care Physician to document their height, weight and smoking status. This consultation is required to occur within the first 90 days of initial enrollment and any copayment associated with this visit will be waived. Employees completing the assessment during the required time frame are referred to as Program Participants. At least 51% of the enrolled employees must become Program Participants in order for the Employer to be eligible to continue participation in the rebate program. Program Participants still actively employed and insured thirty (30) days prior to the Group's first anniversary date, will be required to submit to an additional PCP consultation (copayment is waived) where height, weight and smoking status will be re -documented prior to the Group's Anniversary Date. The network PCP's will then forward this data to the Health Plan for evaluation against the criteria outlined below. Program Participants will be stratified into the following six (6) risk categories: Initial Status Opportunity/Outcome Points Earned Not Obese, Non-smoker Maintains Status 1.0 Not Obese, Smoker Switches to Non-smoker 1.0 Obese, Non-smoker Switches to Not Obese 1.0 Obese, Smoker Switches to Not Obese 1.0 Obese, Smoker Switches to Non Smoker 1.0 Obese, Smoker Switches to Not Obese and Non -Smoker 2.0 Morbildy Obese, Non -Smoker Switches to Obese or better 1.0 Morbidly Obese, Smoker Switches to Obese or better 1.0 Morbidly Obese, Smoker Switches to Non -Smoker 1.0 Morbidly Obese, Smoker Switches to Obese or better and Non- Smoker 2.0 Not Obese, Obese and Morbidly Obese will be defined utilizing generally accepted medical standards as referenced and published by the National Institutes of Health. Accordingly Program Participants with a BMI of less than 30 will be categorized as Not Obese, those with a BMI between 30 and 40 will be categorized as Obese, and those with BMI's over 40 will be categorized as Morbidly Obese. Program Participants meeting the indicated Opportunity/Outcome results listed in the table will be credited with points as outlined. Those failing to meet the Opportunity/Outcome results will not receive any credit. The Health Plan will then total the points earned for each Program Participant completing both consultations. These points will be divided by the average number of employees enrolled in the Group's plan during the Calendar Year. Example: ABC Company Initial effective date — 10 employees enrolled 90 Days from effective date — 8 employees submit to PCP consultations Average Number of Employees Enrolled During the Calendar Year - 10 30 Days Prior to Group Anniversary Date: 6 of the original 8 are still enrolled in the plan 4 of the 6 submit to re -documentation and earn 1 point each Group credited with 4 points 4 points divided by 10 (Average EE Enrollment) _ .40% Group earns 1.2% premium rebate (.40*3%) Health First Health Plans will issue a rebate check to the Employer within 60 days of the Group's Anniversary Date or their termination date if earlier so long as all program requirements outlined above have been met. The rebate amount is the percentage of premium earned in the program multiplied by the Group's calendar year earned premium. If the Group renews and wishes to continue participation in the program 51% of employees effective upon the anniversary date will need to submit to initial PCP consultations. Ongoing Program Participants will only be required to submit to one annual re -certification versus the two certifications required for initial Program Participants. All other terms outlined herein will apply in subsequent years. To assist Program Participants with maintaining or improving their health status as measured by the lifestyle indicators, Health First Health Plans offers a discounted gym membership at Pro Health and Fitness Centers. The gym's initial enrollment fee is waived for Program Participants enrolling within the first 60 days of their initial effective date and the monthly membership fee is discounted from the prevailing fee. HUMANA, CompBenefits October 6, 2008 City of Cape Canaveral -- Group #CD0051 Attn: Andrea Bowers PO Box 326 Cape Canaveral, FL 32920 Dear Group Benefits Administrator: Thank you for allowing CompBenefits the opportunity to provide our dental plan as part of your employee benefits package. It is our pleasure to provide you with the renewal of your dental plan effective December 1, 2008. Otn- goal is to ensure that you experience the highest quality service and benefits. Your renewal rates for the next benefit period are as follows: Name of In -force Plans: Elite Preferred 710 Renewal Date and Rate Guarantee Period: 12/1/08 - 11/30/09 Employee Only Employee + Spouse Employee + Child(ren) Employee -I- Family Cut -rent Monthly Rates $24.80 $50.86 $56.60 $91.24 Renewal Monthly Rates $26.18 $53.66 $59.72 $9626 We offer an open enrollment period each year for the annual renewal of the pian providing an opportunity for employees to enroll in the plan and/or make changes. The open enrollment period is 30 days beginning 45 days prior to the renewal date and ending 15 days before the renewal date. Please keep in mind that it is necessary to have new applications and changes in our home office 15 days prior to the renewal date to ensure coverage takes effect accordingly. We will be happy to assist you in preparation of the open enrollment process and with enrollment materials needed. You may contact our office at <<Phone». Supplies may also be ordered from our web site at www.combenefits.corn. Please feel free to contact either our office or your agent should you have any questions. We appreciate your business. Sincerely, Amy Williams, Account Executive HUM-ANA/CompBenefits cc: File copy 5775 Blue Lagoon Drive, Suite 400, Miami, FL 33126 877-647-3678 9 www.compbenefits.com Meeting Type: Regular Meeting Date: 11-18-08 AGENDA Heading Considerations Item 8 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REPLACE (4) STORMWATER INLETS WITHIN THE HARBOR HEIGHTS SUBDIVISION DEPT/DIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider the cooperative purchase of the replacement of four (4) stormwater inlets within the Harbor Heights Subdivision in the amount of $22,181, to Atlantic Development of Cocoa, Inc. as recommended by the Assistant Public Works Director. Summary Explanation & Background: See attached letter of explanation; funds are available in the Stormwater Utility Fund. Exhibits Attached: Assistant Public Works Director's 10/28/08 memo/SSA e-mail/ma s/ uote City Mana 's Office Department PUBLIC WORKS/STORMWATER C kim mydoc nts\admin eting\2008\11-18-08\inlets.doc To: Bennett Boucher — City Manager Through: Walter Bandish — Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: October 28, 2008 Re: Agenda Item for November 18, 2008 City Council Meeting Stormwater Inlet Improvements Harbor Heights Neighborhood City of Cape Canaveral (City) staff has inspected the stormwater inlets in the Harbor Heights neighborhood, which recently experienced flooding during/after Tropical Storm Fay. Based upon the results of these inspections, City staff recommends that the stormwater inlets at four locations be improved to enhance stormwater flow (see attached map). The existing stormwater inlets are the "originals" and tend to easily clog with vegetation due to their limited size. City staff believes that replacing the stormwater inlets will help to reduce the clogging of the inlets and improve stormwater flow. Photos of the proposed new inlets are attached. The City's engineering firm (Stottler Stagg & Associates — SSA) was consulted concerning the appropriateness of a hydraulic study of the entire Canaveral Drainage Basin in the northeastern portion of the City. However, due to costs for the completion of such a study (and probable limited results), it was agreed that the construction of new inlets was a more prudent step at this time. Correspondence from SSA is attached. Atlantic Development of Cocoa, Inc. (Atlantic) has submitted a bid of $22,181.00 to perform the inlet improvements. The City of Indian Harbour Beach has contracted with Atlantic to perform similar types of inlet improvements (budget of $402,031.73). The City will use the existing contract between Atlantic and Indian Harbour Beach as a contracting mechanism. A copy of Atlantic's cost estimate, which uses the same costs as in the Indian Harbour Beach contract, is attached. Recommendation: Recommend the approval of funds ($22,181.00) to Atlantic Development of Cocoa, Inc., for costs associated with the improvements to stormwater inlets in Harbor Heights. Funds for this project were not included in the City's budget — funds are available from the City's Stormwater Fund — Improvements Other Than Buildings (403-018-538- 630000). Page 1 of 1 Jeff Ratliff, CC Public Works From: Andrew Adams [aadams@stottlerstagg.com] Sent: Thursday, October 23, 2008 1:32 PM To: 'Jeff Ratliff, CC Public Works' Cc: Pekar, John Subject: Harbor Heights Neighborhood Jeff, am trying to summarize our previous conversation regarding the drainage problems experienced during Fay. Remember, during the 100 -year storm, we only get 12 inches of rain in four days, according to NOAA. So, getting twice that amount of rain, as we did in Fay, is extremely unlikely. So, once every 500 years. In my opinion, asking the city to pay for a stormwater study for the flooded areas would tell you that the system works well during the average rainfall we experience. However, if the neighborhoods are experiencing regular flood problems, the simplest fix is to add more inlets. If there are problems with continued flooding in certain areas, I am more than happy to help you, but I think it would be more prudent to try and resolve the problem by adding inlets and pipe in the location with the flooding problem. Later, if the flooding continues, you may want to consider a flood study. If I give you my opinion as a citizen, and not an engineer, I would feel more re -assured seeing the city installing inlets than I would feel hearing someone say that an expensive flood study was ordered. Andrew Adams, P.E. Project Engineer 8680 North Atlantic Ave., Cape Canaveral, Florida 32920 Ph: 321-783-1320 x 25 www.stottlerstagg.com Fax: 321-783-7065 E: aadams@stottlerstagg.com_ 10/28/2008 City of Cape Canaveral ATLANTIC DEVELOPMENT OF COCOA.. INC September',1 2CA8 LOCATION 0 1 1389 CORAL DR.) DESCRPTM _ am wmv umv PRfGFIITW tABT PMMTM TOTAL REMOVE EXISTING CURB 20 REMOVE EXISTING INLET TOP CONSTRUCT TYPE'C' INLET TYPE WITH APRON LF 375 S 17500 REMOVE EXISTING INLET TOP — 1 LF 32 DO EA 1.460 DO $ 1 460-W CONSTRUCT TYPE'C' fNLET TYPE. WITH APRON 1 I EA 2 650 00 S 2.850.00 i !CONSTRUCT NEW MIAMI CURB 1 20 TOTAL FOR LOCATION 0 2 LF 32 00 S 64000 SOD DISTURBED AREA —. _^ 200 I SF 0.32 S TOTAL FOR LOCATION if 1 Is 64.60 + S 189, LOCATION 0 21360 CORAL DR.) OE T10N' MI�11�tt1'rll umv PRfGFIITW T07I14 REMOVE EXISTING CURB 20 LF8.75 $ 175.00 REMOVE EXISTING INLET TOP CONSTRUCT TYPE'C' INLET TYPE WITH APRON i..-_-___ t 1 i_ ( EA _ 145000 —' -14§9 EA 2,850 00 $ 1,4600-0 $ 2 8 CONSTRUCT NEW MIAMI CURB 20 LF 32 DO $ 540.00 SOD DISTURBED AREA _ 200 SF 0 32 _---� $ 54 00 CONSTRUCT TYPE'C' INLET TOP WITH APRON _ _ _ 1 EA 2.850.00 S CONSTRUCT NEW MIAMI CURB TOTAL FOR LOCATION 0 2 It 5 189.00 LOCATION 0 3 (358 HARBOR DR.) "�;> MI�11�tt1'rll t!!wN'r u P�OElrr�t ' `+TOTAL REMOVE EXISTING DRIVEWAY APRON_ _ _ _ 50 SF 550 $ 275.00 REMOVE EXISTING CURB — .10 — LF 875 S 175.00 REMOVE EXISTING INLET 1 EA 1,460.00 S 1.460.00 CONSTRUCT TYPE'C' INLET TOP WITH APRON _ _ _ 1 EA 2.850.00 S CONSTRUCT NEW MIAMI CURB 20 _ LF 3200 _2.850.00 S 64000 CONSTRUCT NEW DRIVE WAY APRON _ 50 i SF 8.75 S 437.50 SOD DjSTURBED AREA A 200_.._._..__.1.-- SF 0 32 S 64 00_ —.-�_ -- —_ i— TOTAL FOR LOCATION 0 3 _ $ 5,901.50 LOCATION 0 4 (391 HARBOR DR.) TOTAL EXCLUSIONS All items affected by cast of petroleum products are sub ect to any future pace escalations of said petroleum prodocts (including out not limited to, concrete curt: rancete sidewalk. asphaft, etc; Unless otherwise noted proposal doesno: include wnnecbon cnarges, -ees, bonds, lestng, rarmils, construction lay out. as burst drawing relocation of and utility. rock excavabon, de -mucking concrete flat work. sod seed mulch Or any unforeseen obstructions or obstacles, or the replacement of any unsuitable materials Earthwork prices are submitted based upon all on-srte excavated material being suitable for structural fill Earthwork paces do rot include removal andior replacement of any organic ar hardpan materia's undertyng the retention area, building pads or roadways Unless a lump sum price Is to be paid for the foregoing workand is clearly so stated it Is understood and agreed that the quacbtes referred to above the estimates only and that payment sna7 be made at the stated un¢ paces or the actual quantities of work petforrned by the contractor as determined opor, campfetOn Of the work aria based Or. field measurements This proposal exp.res thirty t30) days from the date here of. Out may be accepted at any later date at the sate option of Atlantic Development of Cocca Inc Blas and proposals are not cAmmitmert to do a job. All jobs are sublect to credit approval and funds availability Atlantic Development reserves the right 10 withdraw any td provlced Accepted by: Date: (signature) (Print) page t of 1 TOTAL REMOVE EXISTING DRIVEWAY APRON_ _ 50 20 SF LF 550 875 $ _ 27500 S 175.00 _ _ _ REMOVE EXISTING CURB REMOVE EXISTING INLET 1 EA. 1460.00 I S 1.460.001 CONSTRUCT TYPE'O INLET TOP WITH APRON --- - --- - CONSTRUCT NEW MIAMI CURB t -- - 20 ! --r- EA LF 2.850 00 - -- -- 3200 S 285000 - _- . $ 640.00 CONSTRUCT NEW DRIVE WAY APRON 50 875 5 _ SOD DISTURBED AREA _..__ ._�. 200 -_... .___SF SF 032 -TOTAL FOR LOCATION IT 4 .._ _..43750 $ 64 CO 1 I $ 5 901.50 TOTAL EXCLUSIONS All items affected by cast of petroleum products are sub ect to any future pace escalations of said petroleum prodocts (including out not limited to, concrete curt: rancete sidewalk. asphaft, etc; Unless otherwise noted proposal doesno: include wnnecbon cnarges, -ees, bonds, lestng, rarmils, construction lay out. as burst drawing relocation of and utility. rock excavabon, de -mucking concrete flat work. sod seed mulch Or any unforeseen obstructions or obstacles, or the replacement of any unsuitable materials Earthwork prices are submitted based upon all on-srte excavated material being suitable for structural fill Earthwork paces do rot include removal andior replacement of any organic ar hardpan materia's undertyng the retention area, building pads or roadways Unless a lump sum price Is to be paid for the foregoing workand is clearly so stated it Is understood and agreed that the quacbtes referred to above the estimates only and that payment sna7 be made at the stated un¢ paces or the actual quantities of work petforrned by the contractor as determined opor, campfetOn Of the work aria based Or. field measurements This proposal exp.res thirty t30) days from the date here of. Out may be accepted at any later date at the sate option of Atlantic Development of Cocca Inc Blas and proposals are not cAmmitmert to do a job. All jobs are sublect to credit approval and funds availability Atlantic Development reserves the right 10 withdraw any td provlced Accepted by: Date: (signature) (Print) page t of 1 03!12/2008 15:31 09/12/2008 02:29 09/1.2/7RFIR 14:43 jw 3216390936 323.7735690 32:6390936 ATLANTIC DE'vELOPrIDIT IHB PUBLIC WORKS ATLANTIC DEVELOPMEMT PAGE 02/02 PAGE 02/02 PAGE 87./02 ecce �R D(oL som !U WM!t Ri{ WA try coat CO Psb*m ?"Je3 Am twtaj "tray hews PM ff%M CM d Od pore4wo ata&M' PnduAh% tnd MAftftOt0. Q"Mft&Mm" *MeN*./RAwlh M) Wdm ,om raw p`op" dm fm h*WR fbovld+an Herrn "%b&WN f"In9r wmb aol®hU m ly at MR dte*ft NbCOM deny toy, Moswohon.df!ddwVi%aaeadp(Nwwlt,vod.awd.MM'ohorMYWW"W8Usltleeantanesketwa M rap%~ QraryumulhbltlmFbwbb. EanhwakptRMteirptwCanpMdbeee0thenelaniA.±eMeavektlmne ipbatst9autmWaia IM• s donvtindmNntnovri�ndlar etndenyag�tcdwtePonNOW, b�,dabM+�deereln+hon Net; 4uQtlYte►ad9 or modtwf. + IJt>bt+a r ittmp fare Ani b oe pegtior e+e to" woof. aero to eee nasus I n h u�4PrVaad t+r a ng red rnct tlw tA+Nn�ler �e'!ad tvabtr+dpurspo-I lbDOp,mpeynoatetreeaameeeettrsstdeawwpecmmero6"todrhft ccl+ kpolh.medbVIN oaaKeraa� fe dNertAeiee ttxn Comptl�lOn of r+a wtxit ane ods.d sneNe tnee�mtxaxa. iltttplop:rsalndplreath�lYi�1�Y%FrenH+eL+h!M�d.6Ulot yQumelerawapiMfdattykdard>doettlarodooP#end/�rtlaC�'MtopryM�N `S�. )tx..C. 1\ (aplMapiape4ekotetlat tar dsA;pbr ad�Ogtest�edAapptaratpndf,�p�PWkh[Ey, i+t7�1100>w�aDT9M bbP*OiW, mrmwaa+n,lsFd wte+dmartKty AWL Date: (print Nemo and IWA) pMM 7 0i i ARTICLE V. FINANCE* Sec. 2-222. Cooperative purchasing. Page 1 of 1 (a) The city may procure, without compliance with the competitive purchasing procedures of the this division, supplies, services and construction under the terms of contracts entered into by or through other governmental agencies as follows: (1) The United States government General Services Administration (GSA), or other such federal contract; (2) State department of purchasing and procurement; (3) Brevard County; (4) Multicounty cooperatives; or (5) Cooperative purchasing agreements as designated by the city council. (b) The city manager shall approve any purchase from the agencies described in subsection (a) of this section which exceeds $1,000.00 but does not exceed $5,000.00. The city council shall approve any such purchase which exceeds $5,000.00. The purchase of budgeted capital equipment between $5,000.00 and $20,000.00 shall be approved by the city manager. (Ord. No. 9-93, § 3(205.13), 5-18-93; Ord. No. 05-2002, § 3, 3-19-02) http://Iibrary2.municode.com/default/DocView/12642/l/33/38 11/10/2008 Meeting Type: Regular Meeting Date: 11-18-08 AGENDA Heading Resolution Item g No. support for this request. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-32, SUPPORTING THE INCLUSION AS AN OPTION, THE WIDENING OF SR528 IN THE 2035 STRATEGIC INTERMODAL SYSTEM HIGHWAY PLAN DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-32, supporting the inclusion as an option, the widening of SR528 in the Florida Department of Transportation 2035 Cost Feasible Plan for the Strategic Intermodal System Highway Plan. Summary Explanation & Background: The Brevard Metropolitan Planning Organization requested that all Brevard cities adopt a resolution of support for this request. Exhibits Attached: Resolution No. 2008-32; supporting documents City Mana ice Department LEGISLATIVE /rvll � l cape- im\m docum drain\counci mee ing\2008\11-18-08\2008-32.doc RESOLUTION NO. 2008-32 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE INCLUSION AS AN OPTION, THE WIDENING OF STATE ROAD 528 IN THE FLORIDA DEPARTMENT OF TRANSPORTATION 2035 COST FEASIBLE PLAN FOR THE STRATEGIC INTERMODAL SYSTEM HIGHWAY PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SR 528 is the primary access route for the Orlando International Airport, Port Canaveral and the Spaceport, all of which are Strategic Intermodal System [SIS] facilities. These three facilities create directly and indirectly 200,000 jobs in Florida; and WHEREAS, SR 528 connects the Kennedy Space Center Visitor Center, Port Canaveral cruise ships and Brevard beaches with other attractions in the Orlando area. Tourism is the largest industry in Central Florida directly and indirectly creating 100,000 jobs; and WHEREAS, SR 528 is a critical evacuation route not only for Brevard County but for coastal residents as far south as Miami; and WHEREAS, SR 528 is a critical evacuation route not only for Brevard County but for coastal residents as far south as Miami; and WHEREAS, anticipated growth in population, space launch activity and airline and ship passengers and cargo will place additional demands on SR 528; and WHEREAS, significant work on improving SR 528 has been completed. In the last few years, one major bridge was upgraded, a Project Development and Environment Study was approved an a multi -modal corridor study exploring roadway, pipeline and freight and passenger rail opportunities was completed; and WHEREAS, SR 528 presents opportunities for public-private partnerships and other innovative financing approaches. Such partnerships often require a public funding component. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL: SECTION 1. The City Council of the City of Cape Canaveral urges the Florida Department of Transportation to include with the consideration of other multi -modal transportation options, the widening of State Road 528 between State Road 520 and Port Canaveral in the 2035 Strategic Intermodal System Cost Feasible Highway Plan, City of Cape Canaveral, Florida Resolution No. 2008-32 2 SECTION 2. The City Council of the City of Cape Canaveral requests that other units of government, elected officials and agencies concerned with or affected by future travel conditions on State Road 528, to express their views to the Florida Department of Transportation. SECTION I. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, City Council on this 18th day of November, 2008. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney Page 1 of 1 Bennett Boucher From: McCartney, Diana[diana.mccartney@brevardcounty.us] Sent: Friday, October 10, 2008 11:51 AM To: boucher-cape@cfl.rr.com; bwfree@townofmalabar.org; cbillias@cityofcocoabeach.com; cchinault@indialantic.com; David Reynal; Gail Griswold; Jack Schluckebier; Jackie Burns; jimb@melbournebeachfl.org; Jim McKnight; Lee Feldman; mark.ryan@titusville.com; Michael Crotty; townhall@townofpalmshores.org; Ric Holt; info@GrantValkaria.org Cc: Kamm, Bob Subject: SR528 Resolution Attachments: SR528 Resolution Transmittal 101008.doc; SR528 Res.pdf The Florida Department of Transportation is developing a funding plan for improvements to major roadways out to the year 2035. The Brevard MPO is concerned improvements to SR 528 are not included in the draft plan. The MPO adopted the attached Resolution at their meeting on Thursday. The MPO requested the resolution be sent to all Brevard cities for possible adoption of a similar resolution. Please note the comment period on the draft funding plan ends October 31. We are also including our transmittal letter to District Secretary Noranne Downs for your reference. We would appreciate receiving a copy of any action your Council/Commission may take. Contact the MPO office at 690- 6890 if there are questions. Thank you. 10/16/2008 BREVARD MPC] October 10, 2008 Ms. Noranne Downs P.E., District Secretary Florida Department of Transportation District Five 719 South Woodland Boulevard DeLand, Florida 32721 2725 Judge Fran Jamieson Way, Bldg. B Melbourne, Florida 32940 Telephone: (321) 690-6980 Fax: (321) 690-6827 www.brevardmpo.com Subject: Recommendation to Include SR 528 in the 2035 Strategic Intermodal System Plan Dear Secretary Downs: At their meeting on October 9, 2008 the Brevard Metropolitan Planning Organization adopted Resolution 09-03 recommending the Florida Department of Transportation add SR 528 between SR 520 and Port Canaveral to the 2035 Strategic Intermodal System (SIS) Cost Feasible Plan. The MPO believes the Department should include SR 528 in the Strategic Intermodal System Plan because of its state-wide importance to the movement of people and goods. We wish to call the Department's attention to the following features of SR 528 that the MPO believes warrants its inclusion: ■ SR 528 is the primary access route for the Orlando International Airport, Port Canaveral and the Spaceport, all of which are SIS facilities. These three facilities create directly and indirectly 200,000 jobs in Florida. • SR 528 connects the Kennedy Space Center Visitor Center, Port Canaveral cruise ships and Brevard beaches with other attractions in the Orlando area. Tourism is the largest industry in Central Florida directly and indirectly creating 100,000 jobs. ■ SR 528 is a critical evacuation route not only for Brevard County but for coastal residents as far south as Miami. • Anticipated growth in population, space launch activity and airline and ship passengers and cargo will place additional demands on SR 528. ■ Significant work on improving SR 528 has been completed. In the last few years, one major bridge was upgraded, a Project Development and Environment Study was approved and a multi -modal corridor study exploring roadway, pipeline and freight and passenger rail opportunities was completed. ■ SR 528 presents opportunities for public-private partnerships and other innovative financing approaches. Such partnerships often require a public funding component. The MPO believes viewing SR 528 in its totality from 1-4 to Port Canaveral will best serve the public interest. No single agency is responsible for all of SR 528. The Resolution requests the Department bring together public and private entities with an interest in the operation and improvement of SR 528 to coordinate planning efforts and explore the feasibility of public-private partnerships and innovative funding strategies in the corridor. Sincerely, i Robert Kamm Director RESOLUTION 09-03 RESOLUTION recommending the Florida Department of Transportation include funding for the widening of SR 528 between SR 520 and Port Canaveral in the "2035 Strategic Intermodal System Cost Feasible Pian." WHEREAS, the Brevard Metropolitan Planning Organization (MPO) is the designated and constituted body responsible for the urban transportation planning and programming process for the Palm Bay -Melbourne -Titusville Urbanized Area; and WHEREAS, SR 528 is a component of the Strategic Intermodal System (SIS) connecting 1-4 and Port Canaveral and under the management of Florida's Turnpike Enterprise, the Orange -Osceola County Expressway Authority (OOCEA) and the Florida Department of Transportation; and WHEREAS, SR 528 is a critical element of the regional transportation system due to its central location within the region and the important facilities to which it provides access; and WHEREAS, SR 528 is the primary highway connecting three internationally significant SIS facilities -- Orlando International Airport (OIA), Port Canaveral and the Florida Spaceport comprised of the Kennedy Space Center (KSC) and the Cape Canaveral Air Force Station, and three SIS highways -- 1-4, SR 417 and 1-95; and WHEREAS, the Florida Spaceport is the premier launch facility in the world, Port Canaveral is the second busiest cruise terminal in the world and the Orlando International Airport is the thirteenth busiest airport in the U.S. and twenty-third busiest in the world; and WHEREAS, the three aforementioned SIS facilities are estimated to provide directly and indirectly 200,000 jobs in the State of Florida; and WHEREAS, the OIA and Port Canaveral are significant distribution centers for cargo, all of which moves by truck largely on SR 528; and WHEREAS, tourism is the largest industry in Central Florida with directly and indirectly more than 100,000 jobs; and WHEREAS, SR 528 is the direct route connecting Orlando's attractions with the KSC Visitor Center, Port Canaveral cruise ships and Brevard County beaches thus enhancing the attractiveness of Central Florida to domestic and international visitors; and WHEREAS, SR 528 is a critical evacuation route not only for Brevard County but also, due to its connection to 1-95, for residents of coastal Florida south to Miami; and WHEREAS, the population of the Central Florida region is projected to double to 7 million persons by 2050; and WHEREAS, passenger activity and cargo volumes at both OIA and Port Canaveral will increase significantly in future years and facility expansion is planned or under way to serve these growing markets; and WHEREAS, the Florida Spaceport is engaged in development of the next generation space vehicle and an aggressive program to secure commercial space launch business; and WHEREAS, in recognition of pending future travel demand on SR 528, the Brevard MPO, OOCEA and Florida's Turnpike Enterprise all include widening SR 528 within their respective long range plans; and WHEREAS, two SR 528 improvement studies were recently completed -- a Project Development and Environment Study for the widening of SR 528 to six lanes in eastern Orange and Brevard Counties, and a multi -modal study to assess the feasibility of highway, rail and pipeline improvements in the SR 528 corridor; and WHEREAS, the improvement plans of the three entities that own and operate SR 528 need to be coordinated and implemented in a manner.that serve's the public interest and make sound financial sense; and WHEREAS, in that SR 528 is a state road and partially a toll facility, opportunities may exist for public-private partnerships or alternative funding strategies to advance improvement plans; and WHEREAS, SR 528 is a unique facility with respect to its ownership, the critical facilities and markets it servers and its role as an emergency evacuation route and, therefore, deserves special recognition in the development of funding plans for the Strategic Intermodal System. NOW, THEREFORE, BE IT RESOLVED by the Brevard Metropolitan Planning Organization that the Brevard Metropolitan Planning Organization: 1. Recommends the Florida Department of Transportation include funding for widening SR 528 between SR 520 and Port Canaveral in the "2035 Strategic Intermodal System Cost Feasible Plan" in addition to projects in the Central Florida region already contained therein. 2. Requests other units of government, elected officials and agencies concerned with or affected by future travel conditions on SR 528 express their views to the Florida Department of Transportation. 3. Encourages the Florida Department of Transportation to bring together the various planning organizations, transportation operating agencies and local governments to examine the feasibility of advancing improvements in the SR 528 corridor through a public-private partnership. DONE, ORDERED AND ADOPTED this 9th day of October, 2008. BREVARD METROPOLITAN PLANNING ORGANIZATION ATTEST: 011R'el. SC ULTZ, CHAIRMA I MILO ZONKA, SECRETARY Meeting Type: Regular Meeting Date: 11-18-08 AGENDA Heading Resolution Item 10 No. Resolution No. 2008-36 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-36, APPOINTING A MAYOR PRO TEM DEPT/DIVISION: LEGISLATIVE Requested Action: City Council appoint a Mayor Pro Tem as required by the City Charter. Summary Explanation & Background: Council Member Bob Hoog served as Mayor Pro Tem this past year. Please advise. Exhibits Attached: Resolution No. 2008-36 City ger' � Department LEGISLATIVE pe-nt\k ocuments\admin\council\meeting\2008\11-18-08\2008-36.doc RESOLUTION NO. 2008-36 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article V, Section 4, of the Charter of the City of Cape Canaveral, Florida, requires the City Council to annually elect from its membership a Mayor Pro Tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. is hereby elected as Mayor Pro Tem of the City of Cape Canaveral, Florida; said Mayor Pro Tem is authorized and directed to undertake the duties and responsibilities of Mayor Pro Tem, in conformity with the City Charter, and to serve in such capacity until the next annual election. SECTION 2. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of November, 2008. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor ►- its Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh K:\CityClk\Resolutions\Elections\2008 Mayor Pro Tem Appointment.doc For Against Meeting Type: Regular Meeting Date: 11-18-08 AGENDA Heading Considerations Item 11 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RIDGEWOOD AVENUE STREETSCAPE PROJECT, FINAL DESIGN, BID AND CONSTRUCTION SERVICES DEPT/DIVISION: PUBLIC WORKS/STREETS/BEAUTIFICATION Requested Action: City Council consider the assignment of this contract to Brad Smith & Associates in the amount of $49,310.20 as relinquished at the request of Greenblades of Central Florida, Inc. Summary Explanation & Background: This is a budgeted item. I recommend approval. See attached memo from the Public Works Director. Exhibits Attached: Public Works Director's memo/Greenblades Request/Brad Smith Work Order #2 City Man s ffic Department PUBLIC WORKS/STREETS/BEAUTIFICATION cm\myd ments\admin\council\meeting\2008\11-18-08\ridgewood.doc To: Bennett Boucher — City Manager From: Walter Bandish — Public Works Director Date: October 30, 2008 RE: Agenda Item for November 18, 2008 Council Meeting Ridgewood Avenue Beautification Project The City Council of the City of Cape Canaveral (City) recently approved funds for the completion of design drawings (100%) for the Ridgewood Avenue Beautification Project. The contract was between the City and Greenblades of Central Florida, Inc. (Greenblades) — the primary subcontractor to Greenblades was Brad Smith Associates, Inc. (BSA - landscape architect). However, Greenblades has since decided to re-evaluate their corporate position in the construction industry and has requested that the City nullify the previous contract without any cost to the City (e-mail correspondence attached). BSA has agreed to complete the design drawings at the same cost, but a direct contract between the City and BSA is now required. The City will be using the existing Master Consulting Agreement between BSA and the City dated October 8, 2008, as a contract mechanism (North Atlantic Avenue Beautification Project). A project cost estimate (Work Order No. 2) to complete the project as prepared by BSA and a copy of the existing Master Consulting Agreement between the City and BSA are attached. Recommendation: City staff recommends approval of funding for the project in the amount of $49,310.20 to Brad Smith Associates, Inc. Funds for the work are from the following: General Fund — (001-007-541-630000). Message Find Your I graduated in: Graduating klij Li W, L_ Li Gass P claiimates•com Page 1 of 1 jratliff-cape Read Message Housing Bill Passed - Reply FP Can You Benefit? '��' 'n' ' .j} -r* All '� �_�Forhrid s ho -1) 'Vle,,,-Header I 11X Delete - � Frintable',r.v, to OK Inbox(I) From: ._+(D n To: -+ 0 cc: _:+ i, _ Rr7bur for rdre, rf�l<.Ur _mm 'nff Rstliff. -C Pulrlir k< <,-athff farad bsn th p 65F. rrL ANNI^I , Drafts .a i�.rr.�orn DES.0 N OPS:. Sent Mail Iunkmail Previous © Subject: Date: Tu(ldov C ,ii i;S 1.L -'gra Deleted Items (2) Ridgewood ave. Size: .� r P Priority: Nonnai Manage your Folders 4 trr B, 1, E t_:,a Editt, 'R' Dear Jeff Switch to GEICO. Si,e Ir t' You could save $500! Coumrywide® Due to the current state of the construction Industry in Florida and the fact that we have lost numerous projects and Apply to Real contractors due to financial difficulties associated therein, I have decided to change our company s direction until we see what the effects the economy will have on the construction industry- Accordingly. I have decided that It is in the best interest of the City of Cape Canaveral and GBCF that we withdraw our commitment on this project. I have spoken to Brad Smith in regard to his position in taking over the contract on behalf of GBCF. which would be of great assistance and an easy transition for all as to not hinder the forward motion of the project which is my greatest concern. It is with great regret that I relay this to you but feel it would be a disservice to all parties involved if I didn't address it at this time. Also. I am returning by mail today check #39340 in the amount of 56.02250 which we received yesterday frorn the City for remobilization I appreciate your understanding regarding this matter and should you have any questions concerning the above, please feel free to give me a call at your convenience Sincerely. Joe Robbins Greenblades of Central Florida, Inc. http://webmail. columbus.rr. com/do/mail/message/view?msgld=INB OXDELIM5 850&1=e... 10/29/2008 Previous Next "h+ft 4 trr B, 1, E t_:,a Editt, 'R' I P -i,. P: A, ,bout Road Fu , Si,e Ir t' Nelp and re ,oe SEn,i, rz http://webmail. columbus.rr. com/do/mail/message/view?msgld=INB OXDELIM5 850&1=e... 10/29/2008 WORK ORDER #2 Under the MASTER CONSULTING AGREEMENT Dated 10/8/08 Between Brad Smith Associates, Inc. (hereinafter referred to as CONSULTANT) And The City of Cape Canaveral 105 Polk Avenue Cape Canaveral , FL 32920 (hereinafter referred to as CLIENT) 10/29/08 This proposal shall remain valid for a period of 90 -days from the date noted above. PROJECT NAME AND LOCATION: Ridgewood Ave. Construction Documents (Remobilization) Project is located within the Ridgewood Ave. right-of-way, from the southern City limits (1/2 block south of Johnson Ave. on the east side of Ridgewood; and from the Johnson Ave. intersection on the west side of Ridgewood) to Central Blvd. at the north end. CLIENT'S GENERAL GOALS: The CLIENT's goals and objectives for the development of the project, based on initial discussions with the CLIENT are as follows: 1. Establish a high-quality "benchmark" for streetscape projects in the City of Cape Canaveral through completion of the Ridgewood Ave. Streetscape. 2. Coordinate with Stottler Stagg and Associates, Inc. (SSA), working under separate Agreement with the City of Cape Canaveral (CITY), regarding survey requirements, civil engineering considerations, and other such project matters. PRIOR AGREEMENTS This Agreement supersedes all prior work authorizations for the Ridgewood Ave. Improvements project between Greenblades of Central Florida and the CONSULTANT (where the CONSULTANT subcontracted under Greenblades of Central Florida to provide professional services to the City of Cape Canaveral). Whereas work on the design of this project was suspended in February of 2007, and whereas the previously active Purchase Order between the City of Cape Canaveral and Greenblades of Central Florida has expired, now, therefore, it is the intent of this Agreement to remobilize design services from the point at which the project was suspended, and move forward with the completion of the project design. SCOPE OF BASIC SERVICES: CONSTRUCTION DOCUMENTS PHASE: On the basis of the approved preliminary design drawings, prepare final construction drawings, incorporating review comments received City Council budget workshop on 7/24/08. Work Order #2 — Page 1 1. Final landscape drawings shall include plant schedule with botanical and common names, plant size specifications, and any required calculations. 2. Technical Specifications (Division 2) for landscape and irrigation work shall be prepared and placed in drawing format. 3. Irrigation drawings shall be prepared to provide 100% automatic coverage to all landscaped areas, taking into account the proposed plant material watering requirements, and soil conditions. 4. Technical Specifications (Division 2) for landscape and irrigation work shall be prepared and placed in drawing format. 5. Final hardscape drawings shall depict the architectural appearance scheme of the wall and entry features and shall indicate grading relative to a fixed point of reference such as top of curb. A CADD file will be provided for layout and dimensioning data (construction stakeout by surveyor). (Note: hardscape is defined as all non -plant elements of the landscape, such as masonry and wood construction, walkways, etc.) 6. Proposed site furnishings such as benches, pots, trash receptacles, ash urns, etc. shall be indicated on the hardscape drawings by type and location. 7. Site lighting drawings shall indicate proposed site lighting fixture locations and types. Electrical engineering will be by SSA under separate agreement with the CITY. Prepare final opinion of probable landscape, hardscape and irrigation construction costs MEETINGS: The following are the meetings included in this scope of services and required to support the program: 1. Meeting #1: Project "kick-off" meeting with CLIENT and the SSA Project Manager to review project direction. Project schedule shall also be discussed during this meeting. 2. Meeting #2: Review meeting with CLIENT (City Manager, Public Works Director, Planning Director) and SSA Project Manager to present pre -final construction drawings and specifications (90% complete), and the CONSULTANT's final opinion of probable landscape, hardscape, and irrigation construction costs. Review comments will be received, and these will be incorporated into the final set of construction documents. It is anticipated that this number of meetings will be adequate for the project; however, if additional meetings are required, the cost will be considered as additional services to be billed on an hourly basis. BIDDING PHASE: Prepare landscape, hardscape, and irrigation bid breakdown form, and prepare a list of pre- qualified landscape contracting firms. Review bids for landscape and irrigation construction received by the CLIENT. Make recommendation to the CLIENT regarding award of Contract for Construction. Work Order #2 — Page 2 CONSTRUCTION PHASE: The CLIENT recognizes that construction review is a vital element of a Landscape Architect's complete service, provided to minimize problems during construction. Should the CLIENT for any reason not retain the CONSULTANT, to review construction, the CLIENT waives any claim against the CONSULTANT, and agrees to indemnify, defend and hold the CONSULTANT harmless from any claim or liability for injury or loss arising from problems during construction that allegedly result from findings, conclusions, recommendations, plans or specifications developed by the CONSULTANT. Upon authorization by the CLIENT, provide any or all of services listed below: Observe the work of the CONSULTANT on an intermittent basis not to exceed a total of eight (8) site visits as requested by CLIENT to observe work progress and to determine if the construction is proceeding in general accordance with the contract documents. Notify the CLIENT of observed deficiencies in the work. Review and approve: A. Shop drawings and samples. B. Results of tests and inspections. C. Other data which the CONSULTANT or subCONSULTANTs are required to submit. Monitor Contractor's progress relative to established schedules and report status to CLIENT by preparing field reports for each site visit. Project close out shall begin upon notice from the Contractor that his work, which is believed to be acceptable to the CLIENT, is substantially complete and in general accordance with the contract documents. At this point in time, the CONSULTANT shall conduct a walk-through with the CLIENT's representative to verify that the work conforms to the contract documents, and to establish a "punch list" of items to be completed or corrected. Upon notice by the Contractor that the "punch list" has been completed, and that the work is ready for final inspection and acceptance, the CONSULTANT shall conduct a walk-through to verify "punch list" completion for final acceptance of the work by the CLIENT. If deficiencies are found, these will be itemized and a follow up walk-through will be made to verify final completion of the work. Visits for the purpose of project close out as described above, are included in the eight (8) site visits indicated above. Work Order #2 — Page 3 FEE ARRANGEMENT: The CLIENT agrees to pay the CONSULTANT for professional services as follows: A lump sum of Forty Eight Thousand, Six Hundred Nineteen Dollars ($48,619.00), payable as follows: A non-refundable remobilization fee (down payment) of $6,333.25 shall be paid to the CONTRACTOR at the time of authorization to proceed with the work.* The balance shall be paid on the basis of the CONTRACTOR's estimated percentage of completion according to the following schedule of values: Remobilization Fee*................................................................................... $6,022.50 Construction Documents Phase...............................................................$32,971.50 Bidding Phase Services................................................................................ $900.00 Construction Phase Services................................................................... $8,725.00 Total Fixed Fee Amount:......... $48,619.00 Invoices for the CONTRACTOR's services shall be submitted on a monthly basis for percentage of completion. The above fee does not include Reimbursable Expenses (out-of-pocket expenses, such as mileage, reproduction, couriers, and telephone/facsimile), which will be billed separately. An Allowance of $691.20 is included to cover the cost of reimbursable expenses. Maximum Contract Amount (Fixed Fee plus Reimbursable Expense Allowance): ........ $49,310.20 SPECIFIC ASSUMPTIONS: CONSULTANT represents to the CLIENT that in developing this Scope of Work, assumptions have been made, and that deviation from assumptions identified within this proposal may require additional expenditures on behalf of the CLIENT to the CONSULTANT. Assumptions not already mentioned herein are as follows: 1. The CLIENT will furnish, at the CLIENT'S expense all information, requirements, reports, data, surveys and instructions required by this Agreement. The CONSULTANT may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. CLIENT will provide all necessary base information (in .DWG format), including, but not limited to: A. Edge of pavement, driveways, sidewalks, and other fixed site improvements. B. Signs and light fixtures. C. Existing tree locations. 2. CLIENT shall provide an overall project budget, and will identify funding sources for each project component. 3. This Agreement incorporates all outstanding work previously provided by the CONSULTANT (that which was in the scope of services, but was never completed due to the project being Work Order #2 — Page 4 suspended by the CLIENT). This includes the main design Agreement for preparation of construction documents, and Additional Service Authorizations #1, #2, and #3. 4. No additional exhibits will be required to be prepared to illustrate "conflicts" between existing and proposed conditions (Previous ASA #2). 5. Final construction drawings shall be prepared using DWG file previously prepared by SSA as a base map. No base map changes are anticipated to be required. 6. SSA will prepare an opinion of probable construction costs for stormwater and utilities work. 7. SSA shall be responsible for all site civil engineering work (grading, paving, drainage, and utilities). 8. All structures shall be specified as pre -manufactured makes and models. Manufacturer shall provide shop drawings, signed and sealed by a Florida -registered structural engineer, for building department review and approval. Engineer shall certify shop drawings for windload requirements as applicable under the Florida Building Code. 9. The intent of the Construction Documents Phase services is to complete final landscape and irrigation construction documents, which will become the basis for bidding. Final hardscape drawings shall be used to define the layout of the hardscape features. Any necessary structural engineering, electrical engineering, or mechanical engineering will be provided by SSA (working under separate contract with the CLIENT). 10. The CLIENT will make copies of the final design drawings provided by the CONSULTANT, and will reproduce the contract documents provided by the CONSULTANT. The CLIENT will also advertise for competitive bids, issue bid packages to prospective bidders, and receive bids for the construction of the project. 11. The CLIENT will provide a qualified construction review specialist to daily visit the site, to observe the work of the CONSULTANT, to coordinate with the CONSULTANT's superintendent, and to determine if the construction is proceeding in general accordance with the contract documents. It will be the responsibility of the CLIENT's construction review specialist to coordinate with the CONSULTANT to schedule the site visits provided in the Scope of Work. 12. The CLIENT will prepare proposal requests, change orders to the contract for construction, and perform other such contract administration functions during the CONSTRUCTION PHASE of the project. 13. CLIENT will appoint a project manager to serve as the CLIENT's representative, providing a single point of contact for all CONSULTANT communications, and fully authorized to provide the CONSULTANT with approvals, review comments, and the like. ADDITIONAL SERVICES: Additional services may include, but not be limited to the following items: 1. Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, and are due to causes beyond the control of the CONSULTANT. Work Order #2 — Page 5 2. Changes in design concept and/or budget subsequent to remobilization of the design phase of the project under this Agreement. Note: changes in the base map during the Construction Documents Phase may also result in Additional Services. 3. Providing services other than the normal professional services required for landscape approval of the project. 4. Site grading and drainage design. 5. Structural engineering. 6. Design and/or construction drawings for "hardscape" improvements not specified under SCOPE/SERVICES. 7. Site visits other than those defined in SCOPE/SERVICES, for the purpose of approving the CONSULTANT's requests for payment. 8. Prepare proposal requests, change orders to the contract for construction, and perform other such contract administration functions. Accepted by: (signature) Bradley A. Smith, ASLA, AICP, President BRAD SMITH ASSOCIATES, INC. (printed name/title) Corp. Reg. #LC -305, Ind. #LA -764 (name of firm) (date accepted) Work Order #2 — Page 6 MASTER CONSULTING AGREEMENT FOR THE PROVISION OF CONTINUING PROFESSIONAL SERVICES Between Brad Smith Associates, Inc. (hereinafter referred to as CONSULTANT) And The City of Cape Canaveral 105 Polk Avenue Cape Canaveral , FL 32920 (Hereinafter referred to as CLIENT) 10/8/08 Whereas Brad Smith Associates, Inc. was awarded a Continuing Consulting Agreement with the City of Vero Beach, Florida (dated April 16`h, 2003 — attached) through a Request for Qualifications and Performance Data (RFQ NO. 360-02/JO) pursuant to the "Consultants' Competitive Negotiation Act" (CCNA), section 287.055, Florida Statutes, and Whereas The above referenced Agreement has been extended and is currently in force, and Whereas The City of Cape Canaveral, Florida desires to obtain professional services from the CONSULTANT by adapting the City of Vero Beach professional services agreement (Contract #1289, referenced above), Now Therefore Be It Resolved That This Agreement shall incorporate the body of the City of Vero Beach Contract #1289 with the CONSULTANT into this Master Consulting Agreement, with the following Amendments: PREAMBLE This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement. Accordingly, the CLIENT and the CONSULTANT, with a positive commitment to honesty and integrity, agree to the following: That each will function within the laws and statutes that apply to its duties and responsibilities; that each will assist in the other's performance; that each will avoid hindering the other's performance; that each will work diligently to fulfill its obligations; and that each will cooperate in the common endeavor of the contract. Master Consulting Agreement - 1 VOLUNTARY PARTNERING The CLIENT will encourage participation in a formalized Partnering process that involves the CLIENT, the CONSULTANT and its subconsultants, and the Contractor and its principal subcontractors and suppliers. This Partnering relationship will be structured to draw on the strengths of each organization to identify and achieve common goals. The objectives are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the drawings and specifications, and without litigation. Participation in Partnering will be totally voluntary and all participants will have equal status. Any cost associated with implementing Partnering will be agreed to in advance by all parties and will be shared equally. SCOPE OF SERVICES The CLIENT and the CONSULTANT will agree to a list of Basic Services the CONSULTANT will provide to the CLIENT, listed on separate Work Orders. If agreed to in writing by the CLIENT and the CONSULTANT, the CONSULTANT shall provide Additional Services, which shall be described in an Additional Service Authorization (ASA). Additional Services are not included as part of the Basic Scope of Services and shall be paid for by the CLIENT in addition to payment for Basic Services, in accordance with the CONSULTANT's prevailing fee schedule, as provided for herein, or as agreed to by the CLIENT and the CONSULTANT. STANDARD OF CARE In providing services under this Agreement, the CONSULTANT will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. TIMELINESS OF PERFORMANCE The CLIENT and CONSULTANT are aware that many factors outside the CONSULTANT's control may affect the CONSULTANT's ability to complete the services to be provided under this Agreement. The CONSULTANT will perform these services with reasonable diligence and expediency consistent with sound professional practices. JOBSITE SAFETY Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT or its employees and subconsultants at a construction/project site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The CONSULTANT and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The CLIENT agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the CLIENT's contract with the General Contractor. The CLIENT also agrees that the CLIENT, the CONSULTANT and the CONSULTANT's subconsultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability insurance. CLIENT RESPONSIBILITIES Master Consulting Agreement - 2 The CLIENT will furnish, at the CLIENT'S expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The CONSULTANT may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. CLIENT will provide all necessary base information (in .DWG format), including, but not limited to: A. Edge of pavement, driveways, sidewalks, and other fixed site improvements. B. Signs and light fixtures. C. Existing tree locations. 2. The CLIENT will make copies of the final design drawings provided by the CONSULTANT, and will reproduce the contract documents provided by the CONSULTANT. The CLIENT will also advertise for competitive bids, issue bid packages to prospective bidders, and receive bids for the construction of the project. 3. The CLIENT will provide a qualified construction review specialist to daily visit the site, to observe the work of the contractor, to coordinate with the contractor's superintendent, and to determine if the construction is proceeding in general accordance with the contract documents. It will be the responsibility of the CLIENT's construction review specialist to coordinate with the CONSULTANT to schedule the site visits provided in the Scope of Work. 4. The CLIENT will prepare proposal requests, change orders to the contract for construction, and perform other such contract administration functions during the CONSTRUCTION PHASE of the project. 5. CLIENT will appoint a project manager to serve as the CLIENT's representative, providing a single point of contact for all CONSULTANT communications, and fully authorized to provide the CONSULTANT with approvals, review comments, and the like. DURATION OF AGREEMENT This MASTER AGREEMENT shall be a continuing contract and remain in full force and effect for a period of five (5) years after the date of execution hereof, unless otherwise terminated pursuant to the terms and conditions of this MASTER AGREEMENT. Each Work Order shall specify the time frames agreed to by the CLIENT and CONSULTANT for services to be rendered under the Work Order. TERMS AND CONDITIONS Brad Smith Associates, Inc. (the CONSULTANT) shall perform the services outlined in this agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this agreement. Modifications or changes in this agreement must be in writing and executed by the parties bound to this agreement. This agreement is not transferable by either signatory to a third party without the consent of the other principal parts. Fee: The total fee, as stated in the Agreement, shall be either a fixed fee or, if indicated as an hourly fee arrangement, shall be understood to be an estimate which shall not be exceeded by more than ten percent (10%) without written approval of the CLIENT. Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. For hourly arrangements, all work performed outside of CONSULTANT's regular office hours of 8:00 Master Consulting Agreement - 3 a.m. to 5:30 p.m. Monday through Friday shall be billed at time and one-half based on the current rate. Billing Rates: Current rates are as follows: Principal: .......................................................... $225.00/Hr. Sr. Landscape Architect/Project Mgr.: ............... $180.00/Hr. Landscape Architect/Project Mgr.: .................... $125.00/Hr. Designer 2: ....................................................... $115.00/Hr. Graphic Artist: .................................................. $110.00/Hr. Designer 1 :....................................................... $100.00/Hr. Design Technician: ............................................. $85.00/Hr. Accounting/Administrative: ................................. $75.00/Hr. Clerical: .............................................................. $50.00/Hr. Invoicing: Invoices for the Brad Smith Associates, inc.'s services shall be submitted by e-mail at the CONSULTANT's option either upon completion of such services or on a monthly basis for percentage of completion. The CLIENT shall promptly review CONSULTANT's invoices, and shall either approve these invoices or notify the CONSULTANT of any invoices not approved. The CLIENT and the CONSULTANT shall confer and attempt to resolve any such disputed invoices. All Invoices shall be paid in full and received at the CONSULTANT's office 30 days after the invoice date. Discount Credit: Brad Smith Associates, Inc. extends a 2% DISCOUNT CREDIT on all "professional service fees" paid in full and received at the CONSULTANT's office, 10 days after the invoice date. Finance Charge; Past Due Payments: Your finance charge is computed by a single periodic rate of 1.5% per month (minimum charge of $1.00), which is an annual percentage rate of 18% and may be computed on all past due balances. A late payment fee of $25.00 may be applied to payments received after the invoice due date in addition to the finance charge. Retainer and Earnest Fee Payments: Retainer payments for hourly contracts shall be credited against the final invoice. In the event the CLIENT has paid a retainer to the CONSULTANT, and services have been suspended because of nonpayment, the CONSULTANT shall be entitled to apply the retainer to cover any sums due from the CLIENT up to the date of suspension. Prior to resuming services after such suspension, the CLIENT shall remit to the CONSULTANT sufficient funds to replenish the retainer to its full prior amount. Earnest Fee Payments are non-refundable initial payments against a fixed fee contract. Reimbursable Expenses: Brad Smith Associates, Inc. will be paid for all reimbursable expenses including: reproduction and duplication of documents, postage, and other out-of-pocket expenses. An administrative handling fee of 15% will be added for all reimbursable expenses. Additional Services: If, during the progress of the development of plans or construction, the CLIENT requests the CONSULTANT to perform additional services other than those defined in the Agreement, payment Master Consulting Agreement - 4 for such work shall be negotiated prior to commencement of the work based on the prevailing hourly rates. Written Additional Service Authorization (ASA) will be used for authorization. Suspension of Services: If the project is suspended for more than 30 calendar days in the aggregate, the CONSULTANT shall be paid for services performed and charges incurred prior to receipt of notice to suspend, and upon resumption, an equitable adjustment in fees to accommodate the resulting demobilization and remobilization costs. In addition, there shall be an equitable adjustment to the project schedule based on the delay caused by the suspension. If the project is suspended for more than 90 calendar days in the aggregate, the CONSULTANT may, at its option, terminate services by giving notice in writing to the CLIENT. If the CLIENT fails to make payments when due or otherwise is in breach of this Agreement, the CONSULTANT may suspend performance of services upon 5 calendar days notice to the CLIENT. The CONSULTANT shall have no liability whatsoever to the CLIENT for any costs or damages as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon payment in full by the CLIENT, the CONSULTANT shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension, plus any other reasonable time and expense necessary for the CONSULTANT to resume performance (remobilization costs). Termination of Services: If the CLIENT fails to make payment to the CONSULTANT in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by the CONSULTANT. This Agreement may be terminated by either party should the other fail to perform its obligations hereunder by giving the other party not less than 7 calendar days' notice. In the event of termination of this Agreement by either party, the CLIENT shall within 10 calendar days of termination pay the CONSULTANT for all services rendered and all reimbursable costs incurred by the CONSULTANT up to the date of termination, in accordance with the payment provisions of this Agreement. Mediation: In an effort to resolve any conflicts that arise during the planning design and construction of the Project or following the completion of the Project, the CLIENT and CONSULTANT agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. Risk Allocation: In recognition of the relative risks, rewards and benefits of the project to both the CLIENT and the CONSULTANT, the risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the CONSULTANT's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed ten (10) times our fee or $50,000.00, whichever is less. Such causes include, but are not limited to, the CONSULTANT's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Master Consulting Agreement - 5 Ownership of Instruments of Service: As a design professional, the Landscape Architect/Planner provides a service rather than a product. All documents produced by the CONSULTANT are instruments of that service (depicting an intellectual process). As such, they shall remain the property of the CONSULTANT, who shall retain all common law, statutory and other reserved rights, including the copyright thereto. Access to Site & Photography: Unless otherwise stated, the CONSULTANT will have access to the site for activities necessary for the performance of services. The CONSULTANT will take precautions to minimize damage due to these activities, but have not included in the fee the cost of restoration of any resulting damage. CLIENT grants the CONSULTANT the absolute right and permission to use photographs of this project in its promotional materials and publications. CLIENT understands that the photographs may be used in a publication, direct-mail piece, electronic media (e.g. video, CD-ROM, Internet/WWW), or other form of promotion. CLIENT releases CONSULTANT, its offices, employees, agents, and designees from liability for any violation of any personal or proprietary right CLIENT may have in connection with such use. Applicable Laws: Unless otherwise specified, this agreement shall be governed by the laws of the State of Florida. Bradley A. Smith, ASIA, AICP, President BRAD SMITH ASSOCIATES, INC. Corp. Reg. #LC -305, Ind. #LA -764 Accepted by: (signature) 1j.1 !L r c i l f2 c T 1Z laid /2 ,l5'r.,6l2lltt (printed name/title) (name of firm) (date accepted) Master Consulting Agreement - 6