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HomeMy WebLinkAboutPacket 05-15-2007 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ty of Cape Canaveral IL REGULAR MEETING HALL ANNEX e, Cape Canaveral, Florida TUESDAY ay 15, 2007 7:00 PM AGENDA PRESENTATION: Legislative Update, Representative Bob Allen CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 1, 2007 CONSIDERATIONS: 2. Motion to Approve: Quarterly Budget Report and Transfers for the Second Quarter Ending March 31, 2007. 3. Motion to Approve: Request to Waive Building Permit Fees for 337 Coral Drive. 4. Motion to Approve: Proposal for a Beach Cleaning Pilot Study from Olsen Associates, Inc. 5. Motion to Approve: Cooperative Purchase of Financial Software License and Service, and Maintenance Agreements. 6. Motion to Approve: Award of Bid No. 07-01; Construction of the Wastewater Lift Station No. 1, Force Main Replacement to the Low Bidder Expertech Network Installation, Inc. in the Amount of $644,168.95. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com pe Canaveral, Florida icil Regular Meeting Agenda !007 _UTIONS: Motion to Adopt: Resolution No 2007-14; Approving the Final Replat of "Beach Breeze Townhomes." 8. Motion to Adopt: Resolution No. 2007-15; Approving the Final Replat of "Laws Townhomes." DISCUSSION: 9. Financing of Future Facilities. 10. Relocate Existing Overhead Utilities within the Ridgewood Avenue and North Atlantic Avenue Project Areas Underground. 11. Preserving the City's History. 12. Naming the Recreation Complex After Nancy Hanson, Recreation Director. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 1, 2007 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Mayor Randels called for a moment of silence in recognition of Ms. Nancy Hanson's passing, the City's first and only Recreation Director. Ms. Hanson served the City securing grants for school playground and ball field equipment. Ms. Hanson worked for the City for almost 29 years. Mayor Randels agreed with Mr. Boucher's remarks at Ms. Hanson's memorial, that it was a sad day for the City. Ms. Hanson will truly be missed. Mayor Randels requested that when 10:00 P.M. arrived, the Council would take time to acknowledge comments from the audience. Mayor Randels called on Mr. Jim Tuggle of Waste Management, Inc. Mr. Tuggle thanked the Council, staff, audience for an opportunity to address the Council. Mr. Tuggle informed that the City of Cocoa implemented the Cart System and he used Cape Canaveral as an example of current operation. Mr. Tuggle noted that during the route however he noticed some discrepancies in the City. He stated that re-education was needed with the Cart System process. Mayor Randels agreed that re-education was necessary perhaps due to rental properties. Mr. Randels solicited comments from the audience. There was no audience response. City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 2 Mr. Boucher reminded Mr. Tuggle of the satisfaction survey that was due as part of Waste Management's one year anniversary implementing the Cart system. Mayor Randels noted the need for dumpster deodorizing. Mr. Tuggle replied that if Mayor Randels would provide the specific information, he would address the issue himself. Ms. Bea McNeely asked if a day was provided yet to collect the old trash receptacles. Mayor Randels replied that perhaps either not enough advertising was done for the collection day or some people may have decided to keep their receptacles. He recommended that Waste Management notify the City and advertising would occur. Mr. Tuggle informed that Keep Brevard Beautiful did pick up some receptacles; however, he would notify Larry Weber of the need for another pick up. A resident informed on how trash was not picked up due to parked cars in front of the pick up area and this was an inconvenience to the driver. She stated that renters were the predominate violators. Ms. Roberts asked if the City needed marked parking opportunities. Mayor Randels responded that such parking exists at the beach ends. The resident cited Jackson Avenue as the location. Mr. Boucher made note to alert the Sheriffs Office. Mr. Tuggle affirmed for Mayor Randels that the 64 -gallon carts were available. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 17 2007. 2. City Council Special Meeting Minutes of April 17, 2007. 3. City Council Special Meeting Minutes of April 10, 2007. 4. Proclamation for National Public Works Week. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. Ms. Roberts questioned if the City planned to do any significant activity in honor of its Public Works employees. Mayor Randels replied that in some times past the Public Works Department was opened to the public; however, with the Public Works Director's departure, it might not occur this year. Mr. Boucher responded that he would address Ms. Roberts' issue. The City Clerk made note that she cited the typographical corrections pointed out by Mayor Randels and Ms. Roberts in the April 17th Regular Meeting Minutes and the April 17th Special Meeting minutes. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 4 with corrections noted in the April 17 Regular Meeting Minutes and the April 17, 2007 Special Meeting Minutes. The City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 3 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. CONSIDERATIONS: 5. Motion to Approve: First Responder Agreement with the Board of County Commissioners of Brevard County. Mayor Randels explained that each year the County enters into an Interlocal Agreement with the municipalities to reimburse the cost of materials used by Advanced Life Support. Mr. Boucher stated that the Port Unit would receive its share as well as the City its share. Mr. Boucher noted from County Fire Chief Farmer how in light of Property Tax Reform the City was cautioned not to include this funding into the subsequent year's budget. A motion was made by Ms. Robert and seconded by Mr. Petsos to Approve the First Responder Agreement with the Board of County Commissioners of Brevard County. 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. 6. Motion to Approve: 2008 Cape Canaveral "Images in Art" Festival at Manatee Sanctuary Park. Mayor Randels informed that this the Business and Cultural Development Board's first Art Festival. Ms. Joanne Muncey replied that she enjoyed the festival and she expressed that the vendors were of high quality and she received positive feedback from some of the vendors. Ms. Dianne Marcum, Business and Cultural Development Board member, reported on the festival as a venue to draw attention to Manatee Sanctuary Park since several of the citizens had not yet visited the park. Mayor Randels noted the upcoming event for March 29th and 30th of 2008. There were 70 vendors at that past event. Mayor Pro Tem Hoog noted a difference in the attendance number in Council's packet. Mayor Randels noted that there were 2,500 and not 500 people in attendance. Mayor Pro Tem Hoog stated that he would like to see more promotion for next year's event. Ms. Roberts noted better signage on State Road Al to find the City park and she also noted the need for additional seating in the park. Mayor Randels commended the Board for their work. A motion was made by Mr. Nicholas and seconded by Mayor pro Tem Hoog to Approve the 2008 Cape Canaveral "Images in Art" Festival at Manatee Sanctuary Park. 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 May 1, 2007 Page 4 7. Motion to Approve: Purchase and Sale Agreement for the Kabboord Properties. ftv. Mayor Randels stated that the proposal on the Kabboord properties was $1,825,000 for the five Kabboord lots and the three Marder lots. He explained the offer and counter offer process concluded with Mr. Kabboord's acceptance of the City's counter-offer for $1.825 million. Mayor Randels informed that Mr. Kabboord had a deadline for an answer; however, the City Attorney would draft the documents. The City was responsible for the Title Insurance; however, the seller was responsible for the Broker's fees as well as the property appraisals. The Seller would also pay for the Environmental Report. The City has until May 22nd to determine the feasibility of the Environmental Report. Ms. Roberts asked when Dr. Storts would move from the premises. Mr. David Kabboord responded that Dr. Christine Storts would be out of the premises by June 1. Mr. Kabboord announced that he had the Environmental Report available. Mr. Nicholas stated that this was his first time viewing the contract and he preferred a Workshop to discuss the contract details. Mr. Nicholas stated that the process was expedited and the Council was considering an approximately $2 million purchase. Mr. Boucher informed that the City closed the fiscal year with a little over $6 million in the General Fund Reserves with $1 million towards paving and the $1.825 million would come from that fund. Mr. Boucher stated with the Florida League of Cities Bond program, the City was seeking 4.5 percent. The League performs a statewide needs assessment in order to leverage the bond cost which was especially helpful to small cities. Mayor Randels explained how the Council received the contract on March 23rd and by April 3rd negotiations began as the reason for the expedited turnaround. Attorney Garganese explained further that the due diligence agreement would expire on May 22nd; however, much of the due diligence was already performed. The Sellers were giving the City a survey, the Environmental Report was received today, and the Title work was anticipated within the next few days. Attorney Garganese stated that the Council had another three weeks, if the Council were to approve the Agreement this evening. Attorney Garganese clarified that the Council had until May 22nd to complete the due diligence and ensure that it was suitable for its purposes. Attorney Garganese replied to Mr. Nicholas that the price was accepted at $1,825,000 and the Seller was paying some of the due diligence costs. Mr. Nicholas asked how much the City was putting down to bind the contract. Attorney Garganese replied $15,000 to bind the Kabboord property, but Mr. Kabboord had a $5,000 deposit for the other contract which the City would reimburse at closing. Attorney Garganese explained that the City had until May 22nd under the contract to complete its due diligence and if it was not suitable for the City's purposes, then the City would seek its earnest deposit and cancel the contract. Attorney Garganese replied to Mr. Nicholas that all other costs were due at closing which was due no later than June 12th, and unless there were some title problems of which the City were unaware, the closing were would occur before that time. Mr. Petsos reminded of how obtaining the property connected with the Council's previous City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 5 Workshops for a campus design of City Hall. Mr. Nicholas summarized that the City would consider purchasing the property to relocate the Sheriffs Office which would connect the City Hall complex, but separate the Sheriffs Office and City Hall buildings. Mayor Randels explained that some selling points for the property were: 1) the land was available at this time, 2) the City was dealing with one seller, 3) high visibility from State Road Al A, 4) easy access for the public and the Sheriff's Office staff, 5) the City would also have an overflow parking lot on Polk Avenue, 6) the property connects the campus design, 7) many of the City's service calls were on the east side of State Road Al A, 8) no temporary quarters were needed for the Sheriffs Office while a new building was constructed, 9) 24-hour service calls, and 10) this would also allow for transfer of City Hall staff during the new City Hall construction. The City Attorney and City Manager would work with Mr. Kabboord on the property transaction. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve the Purchase and Sale Agreement for the Kabboord Properties. 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. DISCUSSION: 8. Central Florida Regional Growth Vision. Mayor Randels explained how this survey brought out how legislators among several counties envisioned growth. He reported that the committee, My Region, began discussion as early as August 2002. The committee made projections which resulted in a report using transparent overlays to depict growth within a base of seven counties. Mayor Randels pointed out that 51 percent of the Brevard County region was identified as protected areas and informed that by the year 2025 the City would be characterized as a "megatropolis" with the Orlando region moving steadily east. Mayor Pro Tem Hoog stated that the City's Comprehensive Plan already brought out some of the survey's points. The survey was the result of what was occurring in the Orlando/ Central Florida area. Mayor Randels noted that the City's stance at this point was preparation. Mayor Pro Tem Hoog made not of development west on State Road 528. Mayor Randels stated that this does not over -ride the City's locally adopted Comprehensive Plan. Mayor Randels concluded that this was not an action item; however, there was a need to monitor development. Ms. Roberts brought out that one of the items to address was care of the ocean and Brevard County had an opportunity to care for the ocean. Ms. Roberts also brought out that other parts of the County were addressing the use of salt water and she saw the need to partner with other beach -side communities on this issue. Mayor Randels replied that City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 6 Representative Bob Allen's initiative for water de-salinization required a large power source. Mr. Petsos concluded that there was no support and no funding. Ms. Roberts highlighted this as an opportunity to address water concerns. Mr. Randels reviewed some of the County's water sources. Ms. Roberts summarized this as an opportunity for the City to address: 1) caring for our oceans, 2) looking at de- salinzation opportunities, 3) referring to item 3(b), the Business and Cultural Development Board's concern of museums, public art and historical perspectives, 4) the City's view of rapid transportation capability coming to Cape Canaveral from Orlando. Ms. Roberts stated that some of the longer term issues on the Orlando move east would come into discussion when addressing the community. Mr. Petsos concluded that unfortunately when light rail was discussed it was short-sighted. Mr. Petsos expressed that he did point out the need for care of the ocean. 9. Administrative Appeals Related to the Zoning Code of Ordinances. Mayor Randels explained that the item was related to Administrative Appeals from City Code Section 110-334. Ms. Roberts stated that the concern came to her from the northeast section of the City. She expressed their concern that the City Council was not part of the process related to the Appeal of the Building Official's decision on the Coastal Fuels issue. Ms. Roberts referred to Section 110-187 and asked the Council to address the issue from an historical perspective to provide explanation to the community and if there might be some consideration of a different process to involve Council either before or after the issue would reach the Board of Adjustment. Attorney Garganese explained that prior to the Municipal Home Rule Powers Act of 1974 all municipal authority was expressly stated in the Florida Statutes which address this Board, called the Board of Adjustment, and provided certain authority for the Board. After the Municipal Home Rule Powers Act was adopted, the municipalities were provided Home Rule. Most municipalities simply carried forward the statutory schemes into their municipal code books. The Board of Adjustment would commonly serve as a separate Board that hears Appeals of the interpretation of the zoning code. In summary, it was somewhat of a statutory relic and certainly within the Council's power to change that scheme. Ms. Roberts expressed how the elected officials at this point were not at liberty to hear citizen concerns. Attorney Garganese explained that the Building Official makes the interpretation and renders a decision and the Board of Adjustment hears the Appeal. Attorney Garganese concluded that only the Council has the legislative authority to change its laws. Ms. Roberts expressed the concern of those in the northeast section of the City to the Council and she asked to hear other Council members' views. Mr. Nicholas replied that the Board of Adjustment followed the various guidelines as set forth by the Council. He stated that the Council might want to review the Appeals subsequent to the Board, rather than to have the City Council sit as the Board of City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 7 Adjustment. He also pointed out the subsequent increased workload. Mr. Nicholas stated that he could understand the citizen concern; however, for some other aspects he expressed this as more detail that the Council might not need to become involved in and the Council relied on the expertise of the Building Official. Mayor Pro Tem Hoog expressed that the Board was astute in the zoning laws and he did not choose to interfere in their judgments unless Ms. Roberts would like to see a Council member bring a decision back where there was not agreement. He did not believe that they would make any decisions that were detrimental to the City. Mayor Randels affirmed that the City Council or the Planning and Zoning Board could request an Appeal to the Board of Adjustment. However, Mr. Nicholas expressed he was speaking of an Appeal from the decision of the Board of Adjustment, otherwise a next step after the Board of Adjustment prior to proceeding to Circuit Court. Ms. Roberts explained that any group that makes an Appeal of the Building Official's decision, then citizens should have the right to express their view to the Council as their elected officials. Although they were not taking away anything from the voluntary Boards, they felt that issues of importance should come before the elected officials. Mayor Pro Tem Hoog cautioned on the additional workload. Ms. Roberts asked the City Manager on the number of times the Board had met. Mr. Boucher replied that there were few Special Exceptions and Variances to date. Mr. Petsos clarified Ms. Robert's expressed concern that citizens' preferred to have the Council's input as their elected officials. Mayor Pro Tem Hoog explained that he attended most of the Board meetings and he informed that many people may not leave the meeting satisfied with decisions. Ms. Roberts stated that she desired to have the Council as some part of the process. Mr. Nicholas concluded to place this item on an Agenda and to have the City Attorney draft some language to address the Appeals process. Discussion occurred on setting the fees. The Building Official stated that the zoning fees required adjustments. Mr. Boucher stated that City staff would review the fees associated with this process. 10. North Atlantic Avenue Roadway Improvements. Mayor Randels referred to a depiction of the North Atlantic Avenue Roadway Improvements and he summarized that one option called for a scaled back sidewalk to gain roadway for widening, and the other option would make the street a city street and discourage all other traffic except for local traffic. Mr. Boucher was seeking discussion and input from the Council. Mr. Petsos expressed his preference for the two-lane roadway. Mr. Petsos stated that this was a design similar to Ridgewood Avenue and he expressed the importance of the stop signs to allow for the ability to tum into adjacent roads and allow for a true community feel in a roadway. Mr. Boucher reported that the County was at 30 percent in identifying the existing conditions. Mayor Randels reported that the County estimated $1.366 million to construct a three -lane roadway allotting $200,000 to St. John's for drainage. Mayor Randels replied to Mr. Nicholas that the engineering was performed from Central Blvd. heading north. Mr. City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 8 Nicholas stated that all work, although performed in phases, needed to be done as one road. There was some discussion on burying the utility lines. Ms. Roberts mentioned a Workshop to gain community input. She pointed out, given the popularity of North Atlantic Avenue, that the two-lane road was favorable. Ms. Roberts expressed her appeal with an additional option that would continue to preserve the beauty of North Atlantic Avenue as a pedestrian and bikeway and this would continue to preserve its aesthetic value. Mr. Nicholas pointed out that there was much development in that area and unfortunately, the development would continue. He commented on the projected increased traffic with the condominium conversion in Oak Manor versus that of the previous mobile home park. Mayor Randels read from a letter from Ms. Trudy Golday, of 8646 North Atlantic Avenue. Ms. Golday expressed her contest with expanding the roadway and stated how the traffic along North Atlantic Avenue needed to slow down, not speed up due to bicycles and pedestrian traffic. She noted that there were no curbs and imminent danger to pedestrians. Ms. Golday pointed out how trucks destined for the Port also traveled the road. She concluded that a two-lane road with a bike path on one side and a walking path on the other, curbs to offer a slight buffer to traffic, a speed limit of 25 miles per hour, stop signs similar to Ridgewood Avenue, and only local trucks were her recommendations. Ms. Golday asked the Council not to agree on a highway for North Atlantic Avenue. Ms. Roberts stated that a two-lane approach might help with some of the safety aspects. Mayor Randels suggested a traffic light in front of Villages of Seaport and Portside Villas to serve some 900 residents. Ms. Roberts stated that another critical juncture was Shorewood Drive and North Atlantic Avenue. Mayor Pro Tem Hoog made note of the need for a turning lane. Mayor Randels summarized that perhaps wider and faster was not a plan and resident input would assess what the community desired. Mr. Boucher replied to Mr. Nicholas that the City did not desire to assume the road until the County completed its funding for the improvements. Mr. Nicholas stated that interested citizens needed more information. Mr. Boucher reported that Council requested at a previous meeting to review a warrant study for stop signs and the locations identified were: Shorewood Drive for a three-way stop and Harbor Heights and Oak Lane as a four-way stop. Mr. Nicholas stated that he would like to see a community workshop to present the compiled information. Mr. Boucher responded that once he obtained feedback from the County Traffic Engineers he would have data available, and then he would proceed with a town meeting to gain community input. 11. Resort Dwelling Units. Mayor Randels requested to designate time to conclude discussion on this issue in order to accommodate general comments from the audience. Mayor Randels reported that a serious safety situation existed in that the City staff did not have the authority on the premises for purposes of inspection. Therefore, certain safety regulations exist with transient properties which were not a permitted use. Mayor Randels City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 9 explained that the City did not have a Code to address the issue as a permitted use. Mr. Nicholas clarified that the Council, or the City, did not create the problem but brought it to light. Mr. Boucher explained that the State and City staff want some Gear direction on how these types of uses would be allowed or not allowed in the community. He stated that the City could enforce the issue; however, enforcement would occur at staff's own risk. If the Council were to make it permissible, then staff would have done enforcement for nothing and upset people. Mr. Boucher explained further that the City acknowledged, whether it was a permitted use or not, safety was the concern. There was no way to ascertain if the property met code and unaware persons were innocently left in harm's way. Mr. Boucher summarized that there were two enforcement mechanisms: 1) if they were not permitted uses, then close them down, or 2) if they are permitted uses, then regulate them and allow them to come up to the life/ safety standards. Mr. Petsos asked how the City could address them coming up to life/ safety standards within a time line. Todd Morley, Building Official, Garbed that the City's mechanism for enforcement was the Code Enforcement process. The City could send the Code Enforcement officer out there with a Violation Order. Mr. Morley explained that the permit for a Certificate of Occupancy related to use was necessary. He then questioned why he would lead a property owner to apply, if the property was not permitted for the zoning district. Mr. Nicholas questioned if adopting the ordinance would resolve the problem. Mayor Randels explained that the item was for discussion purposes and the Ordinance would then proceed to the Planning and Zoning Board for review. Attorney Garganese affirmed that this was the process. Mr. Nicholas stated that in order to address the life/ safety issue, then adopting this or another ordinance was the step to attainment. Mayor Randels explained that the Draft Ordinance in discussion was dated March 27th. Basically it clarified the intent of providing for resort dwelling in C-1 zoning and established a non- conforming status for resort dwelling in the R-1, R-2, and R-3 zoning. At a previous meeting a motion was made to send the Ordinance to the Planning and Zoning Board; however, it failed on a vote of 2 to 2. Mayor Randels reviewed some of the Draft option language as: 1) grandfathering non- conforming properties and the number of days to come into compliance, 2) another was to provide another cut-off date other than November 21,2006 , 3) also, referring to page 6, changing the time to come into compliance from 90 days to 180 days to get the Certificate of Occupancy, and 4) referring to the top of page 7, also changing the time to come into compliance from 90 days to 180 days in order to get everything done. Mayor Randels stated "grandfathering" was a major issue and regardless of circumstances, everyone would need to follow the same rules. Mayor Randels clarified that the Council was only addressing four units or less. Mr. Nicholas expressed his desire to keep the process moving. Mr. Lamar Russell, Planning and Zoning Board Vice -Chairperson, questioned if the Council intended to vote on the subject. Mayor Randels clarified that the Council would only discuss the matter at this time. Mr. Boucher stated that the Council could by City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 10 consensus forward the matter to the Planning and Zoning Board. Ms. Roberts referred to Page 7 and requested to add to the Mayor's list, "shall lose its non -conforming status should one of the following occur." Ms. Roberts stated that this was not protecting the City from the sale of the unit or from transition to a family member. Mayor Randels referred to Section 110-485 which related to the Resort Dwellings as non -conforming uses, specifically page 7, top of page, paragraph D, "any resort dwelling shall lose their non- conforming status if," and the provision listed such instances as, "if the resort dwelling is abandoned, if the Division of Hotels and Restaurants of the Department of Business and Professional Regulations revokes the dwelling license for any reason, or if the license expires or lapses at any time." Ms. Roberts stated that the language was included in a previous version and she asked why the provision was eliminated. Attorney Garganese explained that the provision was in a previous version and discussion brought out how to make the Ordinance more enforceable and what could be done to make that happen and he recommended eliminating that provision. Ms. Roberts stated it a major issue to eliminate the provision. He responded to Ms. Roberts that the City could incur a major legal issue with an attempt of enforcement. Ms. Roberts stated that the next use of the property through transfer would not be a permitted use. Attorney Garganese explained that once the use becomes non -conforming, if the Council were to adopt the Ordinance, terminating the non -conforming status would be subject to requirements that were laid out in case law. If you connected the termination of the non- conforming use to the ownership of the property, the City would have a problem enforcing that provision. Attorney Garganese stated that he could provide specific case law. Mr. Petsos asked if the City could include an amortization schedule. Attorney Garganese affirmed and stated amortization schedule was related to time and not ownership. Mr. Petsos stated that one of the Drafts recommended an amortization schedule if not the amount of time. Mayor Randels clarified that the Council attempted to discuss what was defensible and revocation based on time was defensible. Mayor Randels made note for the Board to discuss an amortization schedule. Ms. Roberts questioned the City's enforcement provisions and asked if there were a process in the City for businesses to follow. Mr. Boucher explained what would happen subsequent to a Fire Inspection in that duel enforcement would occur between the City and the State. Ms. Roberts questioned if the City had in its process a revocation of a receipt. Mr. Boucher replied that a Business License was not a revocation instrument it was a tax. Mayor Randels read the provision for Non -Conforming Use from Section 110-197, Abandonment, which was the speck requirement in the Zoning code. Attorney Garganese responded to Ms. Roberts that Section 110-197 was the general provision in the Zoning code for termination of Non -Conforming Uses. Without those specific requirements in the Code, Non -Conforming Uses would be allowed to continue and it was a City enforcement mechanism. Attorney Garganese reminded from a previous meeting of the discussion to allow non -conforming uses to expire if there were a certain City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 11 number of code enforcement violations attributed to that non -conforming use. This was something that the Planning and Zoning Board could address. He explained a probable cause of loss for non -conforming status if it rose to a certain level of egregiousness. Attorney Garganese provided the example that if the City were to allow a non -conforming resort dwelling and the resort dwelling could not operate within public safety requirements imposed, then they would become a public safety problem and would then lose the non- conforming status. Ms. Roberts asked if that was an appropriate place for the City to add a Part D to take certain initiatives under certain circumstances that exceed Abandonment and the State's provision. Attorney Garganese affirmed. Ms. Roberts asked if this would be connected to the chronic nuisance ordinance. Attorney Garganese replied that it could be targeted to resort dwellings and certain safety problems that may occur or, it could be connected in general to all non -conforming uses. This matter required further review. Discussion concluded that a timeframe, such as within three to six months, to apply for a resort dwelling license was necessary for inclusion on page 6. Mr. Petsos expressed his concern with allowing for additional operations and the intent was to eventually phase-out operations. Attorney Garganese phrased for clarification the Council's desire for the Planning and Zoning Board to consider a time frame to allow new resort dwellings in the R-1, R-1 and R-3 zoning districts. Ms. Roberts clarified only for a short time. Ms. Roberts expressed concern for those residents who were not aware of the City's intention in November and they should be given period of time to make a decision. Mayor Randels stated that those operating in R-1, R-2, and R-3 would be grandfathered4n and resort dwellings would be a principal use in the C-1 zoning district. Mr. Petsos expressed that the last point was would the Council only allow Resort Dwelling in C-1 zoning. Mayor Randels related to a referendum that voted for residential use only on the ocean and the Banana River. Mr. Nicholas explained that there was a provision that large apartment complexes could have commercial amenities and that was subsequently removed from the Code. He explained that the City went to subsequent referenda on zoning density and building heights. The people voted for lower density and limited building height. Lamar Russell related that the residents desired to protect the shoreline, rivers and ocean. Mr. Nicholas informed that Royal Mansions began to rent on a daily basis and in response to that the Council passed the minimum seven day rental provision and Cape Winds which was constructed at the same time, fell under the same provision. Mr. Nicholas replied to Mayor Randels that before Royal Mansions there was no provision at all for a time limit on rentals. Mr. Boucher explained that the Council would need to receive the results of the Planning and Zoning Board discussion. Mr. Boucher related that life safety codes were paramount and staff needed direction, then City would respond accordingly. Mayor Pro Tem Hoog expressed that permitting at the State level was another fallacy, enforcing their own rules and not communicating their intent to the City. Mr. Boucher related that the State representative informed that the licenses were issued without the regional office's City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 12 knowledge. Mayor Pro Tem Hoog informed that the Fire Department was also not informed. Mr. Boucher related how the County shut down five operations under dual enforcement. Ms. Roberts emphasized her concern with Section D, Part II in that the City needed a part in the safety issues to protect the community, regardless of State requirements. Mr. Boucher replied that the City could not revoke a State license. Ms. Roberts said that the City did allow non-conformance. Ms. Helen Filkins stated that she lived in Cape Canaveral for 37 years and also stated how she was in favor of retaining a residential community. She expressed that the Council's discussion appeared in favor of resort dwelling units. Ms. Filkins informed that a referendum in 1973 established that the City residents desired a residential community. Ms. Filkins related on the concept of rental units and how it started in cities such as Miami who began initiating rental property provisions. Mayor Randels stated that the State had already issued licenses and having met the qualifications, they could renew them annually. Attorney Garganese clarified that there were two issues: the State issued license and the City's zoning code. Ms. Roberts pointed out one of the community concerns was addressing the four dwellings or less. The larger issue was to set the tone in the best interest of the City and set standards for rentals for 30 days or less. Mayor Randels responded that in all zones except Industrial, a seven day rental provision existed in the Code. Ms. Filkins questioned if that could be rescinded. Mayor Randels explained how an allowable zone was sought. Ms. Filkins stated that many people buy homes with intentions, such as renting the property; however, the City did not have to accept those intentions. Ms. Filkins expressed the concern of those who were adverse to permitting rentals in residential areas. She related on the positive comments that she has received regarding the Cape Canaveral community. Ms. Filkins said that the Council should state what they were for or against. Mayor Randels explained that addressing zoning would allow for rentals in C-1 zoning. Ms. Filkins re -stated that Council's discussion appeared to express its favor on the issue. She re -stated the Council's need to express their intention. Ms. Filkins concluded by relating on the City's history and then stated how the City should name a street after a notable resident Mr. Roger Dobson. Mr. Bjornar Hermansen of Merritt Island commended Ms. Filkins. He then expressed his understanding with the Council's intent to protect people's rights. However, he explained that the Council would allow people to operate illegally. Mr. Hermansen used operating a bar in a residential neighborhood as an example. He stated that operating a resort dwelling was a life safety issue. Mr. Hermansen stated that once City officials were aware of life threatening activities then the overwhelming evidence was for the Council to take action. He stated that the City was in serious contravention of Federal, State, and County life/ safety issues. Mr. Hermansen stated that even if the hotel industry were not required to take such precautions, they would, due to the life/ safety aspect. Mr. Hermansen made note of how former Mayor Frank Hoog did not desire hotels on the beach or the river, short-term rentals and he questioned why his son was not of the same mind. Mayor City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 13 Randels stated that he made not of Mr. Hermansen's statement on the Council protecting people's rights to conduct an illegal activity and that was not his intent. Ms. Jamie O'Donnell expressed how there were strong feelings on both sides of this issue. She stated that if a person desired to operate a short term rental, then they needed to meet the life/ safety requirements as well as issue hefty tickets for illegal parking. Ms. O'Donnell stated how the Council should place the issue on the ballot and allow the residents to vote for their preference and let the people decide. She stated that this would remove the Council from the decision. Ms. O'Donnell replied to Mayor Randels that those properties in operation would come under an emergency measure and come into compliance. Ms. Jacqueline Stevens, owner of 510 Tyler Avenue, expressed that the purchase of a nice home was more beneficial to a community that was formerly known as "crack' Canaveral. She briefly discussed the rise of families a residential community that would subsequently create a school tax burden. Ms. Stevens stated that the Ordinance would not affect the apartment dwellings on her street and she asked why the Council was targeting the small property owner. Ms. Stevens stated that the Council would make a greater impact if they would target the larger complexes. Ms. Stevens referred to the safety issue and stated that the building codes in place did not apply to the residential property owner. She asked if the condominiums were required to abide by State regulations. Mayor Randels referred to the building code and clarified that in moving from a permanent R-3 use to a transient R-1 use, then more specific requirements related to life/safety issues applied. Mr. Lamar Russell, Vice Chairperson of the Planning and Zoning Board, explained how the issue transformed from behavior issue to a quality of life issue. He stated that the Ordinance drafted was an effort to change behavior. Mr. Russell stated that zoning only changes development behavior, not personal behavior. However, a nuisance ordinance would change personal behavior. Mr. Russell stated that the Planning and Zoning Board might not return the Ordinance in the same manner as it was received. Mr. Russell related on the divisiveness of the issue. Mr. Russell pointed out that there might be more people affected then understood. He stated that those affected have standing with the Court. Mr. Russell related how spot zoning could be taken to Court. He explained that 500 votes could take a seat. Mr. Russell described how 45 -seconds changed a City Manager's life and the same could happen over this issue and subsequently change the Council. Mr. Russell pointed out the law of unintended consequences and explained how a divisive Council filtered into divisive Boards. He stated how a different Council might not have the current Council's intentions. Mr. Russell expressed that the Board was also divided. He explained how the Board might also have intentions differing from the Council. Mr. Russell asked if there were any way to address the safety regulations and then address the nuisance regulation portion. He concluded that zoning would not enforce behavioral change. City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 14 Ms. Roberts expressed how there was a juncture in the road to either preserve the City's residential character or to become a beach -side community that allows for resort dwellings. She stated that there was a clear cut path that the Council could take and she expressed favor with Ms. O'Donnell's recommendation. Ms. Roberts stated that she favored discouraging short term rentals in residential zone. Ms. Roberts also expressed her concern that the larger scope, the properties larger than five units, was not being taken into discussion. Attorney Garganese replied that a zoning perspective was within the Council's purview. He explained that using State definitions of certain types of uses, such as resort dwellings was being used in the Ordinance. However, there was another type of resort dwellings, resort condominium, which applied to time-shares. Attorney Garganese explained that the Council's quandary was to decide where Council wanted resort dwellings in the Code, until then a quandary existed related to life/ safety regulations. Attorney Garganese affirmed that the City and the State could enforce the life/safety Codes; however, the decision was where the Council wanted the uses to occur. Attorney Garganese clarified that the City Manager had information relating to four units or less; however, addressing the larger units required a substantial amount of information. Ms. Roberts summarized and related to Ms. Filkins' point of whether or not the Council's intent was short term rentals in the City and if so, in what zoning district. Afterwards, the Council could address the design of the implementation. Mr. Petsos clarified that the Council was forwarding the issue of four units or less to the Planning and Zoning Board. He also questioned if a referendum were a property rights issue. Attorney Garganese replied that generally a voter approved zoning Ordinance would be treated the same as a Council approved zoning ordinance. The Courts would not make a distinction. The Chair called for a consensus that the meeting would continue past the designated 10:00 P.M. conclusion time. Council members agreed by consensus to continue to the meeting. Mr. Petsos clarified that the Council was seeking discussion from the Planning and Zoning Board and they were not mandating to them. Attorney Garganese clarified the issues for the Planning and Zoning Board to discuss as. - 1 ) s: 1) An amortization Schedule; 2) Elimination of Non -Conforming Status for Resort Dwelling if there were a certain number of Code violations attributed to the Resort Dwelling, and 3) To allow additional time for new resort dwellings to be licensed by the State in the R-1, R-2, and R-3 zoning districts, with special emphasis that the additional time be a short period of time. Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Consideration item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: QUARTERLY BUDGET REPORT AND TRANSFERS FOR THE SECOND QUARTER ENDNG 03-31-07 DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council review and approve the quarterly budget report and transfers for the second quarter ending 03- 31-2007, as presented by the city treasurer. Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: City treasurer's memo dated 05-08-07 City Mana Office Department ADMINISTRATION/FINANCE ca kim mydo n s admin\council meeting\2007\05-15-07\budget.doc MEMORANDUM DATE: May 8, 2007 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Quarterly Budget Report and Transfers for the Second Quarter of Fiscal Year 2006/2007, Quarter Ended 3/31/2007 Revenues As we move into the second half of the fiscal year it is important to pause and review the status of the City's budget. Removing Cash Forward, revenue collections stand at 61%. While only limited adjustments are being proposed to the projected revenues, there are a number of items worth mentioning. Property Taxes, historically collected at around 93% at mid -year, are down approximately 5%. This decrease is due to the increase in appeals to the appraised values by the Property Appraiser. To adjust projected revenues at this time would be premature but these revenues will continue to be watched. All revenues connected to development/redevelopment are at or above target levels. These include Fire Inspections, Community Appearance and Zoning Fees. Local Option Gas Tax and Local '/2 Cent Sales Tax are down slightly from projections. These collection percentages vary from year to year and will be put into a watch mode. State Revenue Share, which lags one month is right on target. Alcohol Beverage Licenses, received from the State, receives the majority of revenue in April and is not currently addressed. Fines & Forfeitures, long a decreasing revenue stream, is up slightly at 64% collection for the first six months of the year. Waste Management Franchise Fees are down from projections. This decrease is currently being investigated. Interest income is up from projections. An overall adjustment, based on current earnings would increase projections by over $100,000; however, due to the volatility of today's market, no adjustment will be made at this time. No revenue is recorded as transferred from the Fire Trust Fund. Payments for the original ladder truck were completed in the last fiscal year. At this time, while the impact fees being collected are above target levels, this funding will remain in the expansion fund for future use. This transfer projection is being eliminated. Overall Recreation Program Revenue is collected at 65% for the first six months. This increase is due in part to additional programs added during the year which were not originally budgeted. At this time line items recording Athletic League Income and the related expenditures are included. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. Most operating expenses for each department have a target percentage expenditure of approximately 42%. This is slightly lower than the 50% of the year due to the timing of payments. Overall, General Insurance is increased due to the audited 2005/06 final billing and the increase in premiums, felt by most of the insured in Florida. Due to employee loss within the Administrative Department, Salary, Taxes and benefits are reduced and Contract Services are increased to provide funding for temporary service until such time as the positions are filled. Capital is increased to provide the required funding for the purchase and implementation of new accounting software. Planning Services in Planning & Zoning has been increased to provide the needed funding for Miller Legg & Associates. Personnel accounts, Equipment Maintenance and Street Signs in the Streets Department are reduced to provide the funding required to provide the additional funding required for Operating Supplies and Uniforms. A new account, Athletic League Supplies, is added in the Recreation to fund. Coed Softball, Flag Football and 3 on 3 Basketball are a few of the new league activities offered. Cash Forward is increased to cover the increase in Education and Training of the Sheriffs Deputies in the Police Education Fund. Cash Forward is used to increase the Landscaping and Ridgewood Avenue Project budgets in the Beautification Fund. These additions have been approved by Council at previous meetings. SEWER ENTERPRISE FUND Removing Cash Forward, Revenues are collected at 46%. Utility Operating Income is on target with projections, considering the one month lag. Interest Income in the Expansion Fund is exceeding projected levels and has been adjusted. Budgeted Expenditures have been analyzed and adjusted to represent a more current view of the goals for the final half of the year. Following is a brief matrix of adjustments: Travel & Per Diem -2,000.00 Funding not required Building & Grounds Maintenance -2,000.00 Funding not required Safety Equipment -2,000.00 Funding not required Motor Fuels & Lubricants -2,000.00 Funding not required Lift Station Rehabilitation -10,000.00 Reduction in cost of L/S #5 project -30,000.00 Collections Valves and Piping not purchased -24,000.00 Emergency Stand-by Generator not purchased Capital Purchases -17,000.00 Reduction in cost of Air Compressors -9,000.00 Touch Screen Belt Press not purchased -2,800.00 Reduction in cost of vehicle replacement -6,500.00 Server replacement not purchased -4,000.00 Lighting Upgrades not purchased -6,000.00 Admin building HVAC replacement not purchased These funds are used to increase the following accounts: Engineering Fees 37,125.00 Engineering needed for the FDEP Permit Uniforms 2,000.00 Original funding not adequate Reclaimed Water Supplies 4,000.00 Original funding not adequate Subscriptions & Training 1,000.00 Original funding not adequate Capital Purchases 5,319.00 Purchase ITT Flygt pump for L/S #7 Contingency 99,375.00 Balance to provide for unforeseen expenditures STORMWATER ENTERPRISE FUND Removing Grants and Cash Forward, revenue is collected at 44%, well within projections. The City has accepted a Community Development Block Grant (CDBG) funding the Orange/Buchanan Drainage Box. This funding will replace the FEMA Mitigation funding. Contractual Services are increased to fund the unplanned need for A Stormwater Inventory Map, required for the State Stormwater permit. The Holman Road Stormwater drainage basin, scheduled for cleaning has been postponed, reducing System Maintenance. Equipment Maintenance is increased to cover the maintenance agreement for the Carte Graph software system. The Mangrove Planting project, originally budgeted out of Improvements Other than Building was expensed out of Operating Supplies and the funds have been transferred. Improvements Other than Buildings has been increased to provide funding for the Orange/Buchanan Drainage Box. Some of this will offset the grant revenue recorded above. This completes the requested Budget Amendments for the second quarter of the fiscal year 2006/2007. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. City of Cape Canaveral Budget Transfers for the Quarter Ended 3/31/2007 Amended Administrative Expenditures 58,710 Planning & Zoning 12/31/2006 Requested Adjusted 55,000 47,110 Budget Budget Budget Line Item Account Name Balance Amend. Balance 001-4-521.4500 General Insurance 18,381 8,040 26,421 ,:. k y. 111 , S Building Department General Fund Revenue 001-6-524.4500 General Insurance 4,895 001-347.2970 Athletic League Income - 13,950 13,950 001-380.2000 Transfer from Fire Trust Fund 10,000 (10,000) - 001-389.4000 Grants & Donations - Other Sources - 73,785 73,785 Amended General Fund Revenue 77,735 22,621 001-7-541.4500 General Insurance 32,775 Legislative 43,905 001-7-541.4620 Equipment Maintenance 15,797 001-1-511.4500 General Insurance 1,925 2,490 4,415 Amended Legislative Expenditures 2,490 1,400 4,460 001-7-541.5330 Street Signs Administration (11,000) 3,500 001-2-513.1100 Executive Salaries 300,283 (12,000) 288,283 001-2-513.2100 FICA Taxes 23,104 (900) 22,204 001-2-513.2200 7% Retirement Contribution 21,020 (840) 20,180 001-2-513.2201 Retirement Match 9,008 (360) 8,648 001-2-513.2300 Life & Health Insurance 47,972 (5,800) 42,172 001-2-513.3400 Contractual Services 3,400 12,000 15,400 001-2-513.4500 General Insurance 6,832 3,610 10,442 001-2-513.6400 Capital Purchases 73,000 63,000 136,000 Amended Administrative Expenditures 58,710 Planning & Zoning 001-3-515.3100 Planning Services 55,000 47,110 102,110 Amended Public Safety Expenditures 47,110 Public Safety 001-4-521.4500 General Insurance 18,381 8,040 26,421 Amended Public Safety Expenditures 8,040 Building Department 001-6-524.4500 General Insurance 4,895 4,140 9,035 Amended Building Department Expenditures 4,140 Street Department 001-7-541.1200 Salaries & Wages 296,400 (2,600) 293,800 001-7-541.2100 FICA Taxes 22,821 (200) 22,621 001-7-541.4500 General Insurance 32,775 11,130 43,905 001-7-541.4620 Equipment Maintenance 15,797 (1,400) 14,397 001-7-541.5200 Operating Supplies 13,000 13,600 26,600 001-7-541.5230 Uniforms & Shoes 3,060 1,400 4,460 001-7-541.5330 Street Signs 14,500 (11,000) 3,500 Amended Street Department Expenditures 10,930 City of Cape Canaveral Budget Transfers for the Quarter Ended 3/31/2007 Revenues 101-300.1000 Cash Forward 2,050 200 2,250 Amended Police Education Fund Revenues 200 Expenditures 101-27-521.8100 Education and Training 3,970 200 4,170 Amended Police Education Fund Expenditures 200 Revenues 105-301.1000 Cash Forward 144,900 79,000 223,900 Amended Beautification Fund Revenues 79,000 Expenditures 105-15-541.6300 Landscaping 35,000 20,000 55,000 105-15-541.6350 Ridgewood Avenue Project 111,900 59,000 170,900 Amended Beautification Fund Expenditures 79,000 12/31/2006 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Recreation Department 001-11-572.4500 General Insurance 10,635 7,925 18,560 001-11-572.5205 Athletic League Supplies - 9,000 9,000 Amended Recreational Dept Expenditures 16,925 Non -Departmental 001-17-901.9900 Contingency 130,554 (70,610) 59,944 Amended Non -Departmental Expenditures (70,610) Amended General Fund Revenues 77,735 Amended General Fund Expenditures 77,735 Revenues 101-300.1000 Cash Forward 2,050 200 2,250 Amended Police Education Fund Revenues 200 Expenditures 101-27-521.8100 Education and Training 3,970 200 4,170 Amended Police Education Fund Expenditures 200 Revenues 105-301.1000 Cash Forward 144,900 79,000 223,900 Amended Beautification Fund Revenues 79,000 Expenditures 105-15-541.6300 Landscaping 35,000 20,000 55,000 105-15-541.6350 Ridgewood Avenue Project 111,900 59,000 170,900 Amended Beautification Fund Expenditures 79,000 City of Cape Canaveral Budget Transfers for the Quarter Ended 3/31/2007 Amended Sewer Enterprise Fund Expenditures 30,000 Revenues 12/31/2006 Requested Adjusted 403-334.6000 Stormwater Grants Budget Budget Budget Line Item Account Name Balance Amend. Balance Expenditures Revenues Contractual Services 2,000 6,000 401-361.1100 Interest Income - Expansion Fund 18,000 30,000 48,000 Amended Sewer Enterprise Fund Revenues 30,000 System Maintenance 135,550 (55,000) Expenditures 403-18-538.4620 Equipment Maintenance 1,120 401-10-535.3130 Engineering Fees 10,250 37,125 47,375 401-10-535.4000 Travel & Per Diem 10,410 (1,500) 8,910 401-10-535.4610 Building and Grounds Maintenance 15,000 (2,000) 13,000 401-10-535.5200 Safety Supplies 6,000 (2,000) 4,000 401-10-535.5230 Uniforms 7,000 2,000 9,000 401-10-535.5240 Motor Fuel & Lubricants 8,500 (2,000) 6,500 401-10-535.5280 Reclaimed Water Supplies 6,000 4,000 10,000 401-10-535.5400 Subscriptions & Training 5,992 1,000 6,992 401-10-535.6305 Lift Station Rehabilitation 124,000 (64,000) 60,000 401-10-535.6400 Capital Equipment 182,490 (42,000) 140,490 401-10-535.9900 Contingency - 99,375 99,375 Amended Sewer Enterprise Fund Expenditures 30,000 Amended Stormwater Enterprise Fund Expenditures 100,000 Revenues 403-334.6000 Stormwater Grants - 100,000 100,000 Amended Stormwater Enterprise Fund Revenues 100,000 Expenditures 403-18-538.3400 Contractual Services 2,000 6,000 8,000 403-18-538.4500 General Insurance 3,690 1,200 4,890 403-18-538.4610 System Maintenance 135,550 (55,000) 80,550 403-18-538.4620 Equipment Maintenance 1,120 2,500 3,620 403-18-538.5200 Operating Supplies 600 4,500 5,100 403-18-538.6300 Improvements other than Buildings 54,500 191,424 245,924 403-18-538.6315 FEMA Mitigation 8,500 (8,500) - 403-18-538.9900 Contingency 82,068 (42,124) 39,944 Amended Stormwater Enterprise Fund Expenditures 100,000 Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Consideration Item 3 No. Request; Building official's memo AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST TO WAIVE BUILDING PERMIT FEES FOR 337 CORAL DRIVE DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the request from Mayor Randels to waive the building permit fees associated with the replacement of the roof, windows and doors. Summary Explanation & Background: See attached request. Exhibits Attached: Request; Building official's memo City Man s Office Department LEGISLATIVE ca - im my s\admin\council\meeting\200 \05-15-07\waive.doc Memo Date: May 9, 2007 To: Bennett Boucher From: Todd Morley, Building Officia t�e' RE: Estimate of permit fees — 337 Coral Dr. The building department has received a permit application to re -roof the structure at 337 Coral Dr. It is my understanding that the scope of work may be revised to include replacing all windows and exterior doors. Permit fees are based on the valuation of the work. The value of this revised scope of work has not yet been provided. If the labor and materials are to be donated, the total value of the work could range from $0 to $20,000. The cost for the permit if valued at $0 would be $90 (3 inspections @ $30 = $90). The cost for the permit if valued at $20,000 would be $225.00. Thus the range would be $90 to $225.00, depending on the valuation provided. In the event that the scope of work should change in ways unanticipated, it is my recommendation that the Council consider limiting the waiver to a single permit fee, that permit associated only with the replacement of the roof, windows and doors. ARTICLE 1. GENERAL ADMINISTRATIVE Sec. 82-15. Schedule of permit fees. Page 1 of 1 On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with appendix B of the City of Cape Canaveral Code. (Ord. No. 06-2001, § 1, 12-4-01) http://Iibraryl.municode.com/mcc/DocView/12642/l/187/188 5/9/2007 'IT ° `�"OTAL HOM ",8revard's ling Experts" - - f 5/3/2007 g p s 1 ae Fax- 321-868-1247 Buildiung Permit Request Form Dennis, per my meeting with the Rocky and the building official I thought we were all on the same page in regards to the donation home on 337 Coral Dr. We do not have a detailed scope of work for this project due to the fact that all aspects of this project are being donated. per our meeting it was requested that we fill out a request form for the permit on this home to help the estate out. We are bringing together the community to get involved with this project, and Rocky stated that the city would do all it could to help us out. We do not have a scope of work and we will not have a scope of work until this project is underway. I can not get this project under way without your help and a permit to start construction. I atm a licensed and insured, contractor, and I understand the codes and specifications necessary for residential coi►struction in Cape Canaveral. and Brevard County. I would not be putting my license on this application if I was not supervising this job, and putting our reputation on the line. Your attention to this matter is greatly appreciated, and I look'forward to the opportunity to working on this project side by side with you in the future. o rt M. Donovan, MBA, LREB President Com" Qi v Total. Home Contractors, LLC (321)452-9223 ✓�� ^ ""�^ �^ ¢ y 0 • i Fax: 321-449-9115 VIII o Qac P, ©� s✓ drawings or computations shall supervise such work. In addi- tion, they shall be responsible for conformity to the permit, pro- vide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent per- son or agency whose qualifications are reviewed by the build- ing official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector un- der Part III of Chapter 468, Florida Statutes. SECTION 106 CONSTRUCTION DOCUMENTS 106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a design professional where required by the statutes. Where spe- cial conditions exist, the building official is authorized to re- quire additional construction documents to be prepared by a design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not re- quired to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect or engineer legally registered under the laws of this state regulating the practice of architecture as provided for in Chapter 481, Florida Statutes, Part I, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. If the design professional is a landscape ar- chitect registered under the laws of this state regulating the practice of landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, then he or she shall affix his or her seal to said drawings, specifications and accompanying data as defined in Section 481.303(6)(a)(b)(c)(d), FS. 106.1.1 Information on construction documents. Con- struction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permit- ted to be submitted when approved by the building official. Construction documents shall be of sufficicnt clarity to indi- cate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official (see also Section 106.3.5). 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be sub- mitted to indicate conforunance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall con - ADMINISTRATIOM tain all information as required by the referenced installation standards in Chapter 9. 106.1.1.2 For roof assemblies required by the code, the construction documents shall illustrate, describe, and de- lineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evalua- tion and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents. 106.1.2 Reserved. 106.1.3 Reserved. 106.2 Reserved. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construc- tion documents and shall ascertain by such examinations whether the construction indicated and described is in accor- dance with the requirements of this code and other pertinent laws or ordinances. Exceptions: Building plans approved pursuant to Section 553.77(6), Florida Statutes, and state -approved man- ufactured buildings are exempt from local codes en- forcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject to local permitting and inspections. Industrial construction on sites where design, con- struction and fire safety are supervised by appropriate design and inspection professionals and which con- tain adequate in-house fire departments and rescue squads is exempt, subject to local government option, from review of plans and inspections, providing own- ers certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire -safety inspectors. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction docu- ments shall be approved, in writing or by stamp, as "Re- viewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building of- ficial. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or des- ignated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully autho- rized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 106.3.3 Reserved. 106.3.4 Reserved. 106.3.4.1 Reserved. FLORIDA BUILDING CODE — BUILDING 1.7 SATURDAY, APRIL 21, 2007 FLORIDATODAY Afinal act of Ch.ari ty Sale of late optometrist's home will benefit charities BY CHRIS KRIDLER FLORIDA TODAY T T gave to count - H ^less charities, rinnated a land to the Salvation Army, and fed dozens of feral cats around his home in Cape Ca- naveral. When Early Wyatt Win- ters died in December, he left that house to charity, too. Now others are picking up the cause, determined to turn this diamond in the rough into a sparkling jewel. "He gave and gave and gave until basically he was on his deathbed and he couldn't give anymore, but that's the kind of person he was," said Bobby Freeman of Re/Max Elite McCoy -Freeman Real Estate Group, which plans to donate its commission to the Chil- dren's Miracle Network. The eventual sale of the house in the Harbor Heights neighborhood of Cape Ca- naveral will benefit a number of charities, including the Pennsylvania College of Op- tometry, Alley Cat Orphans in Cocoa, Space Coast Feline Network, Habitat for Human- ity, and groups that help the blind and wildlife. Freeman and others hope their renovation will raise the value of the house to $300,000 or$400,000. As they await permits, vol- unteers have donated the fur- niture to Habitat for Human- ity, done an initial cleaning and removed a jungle from the frontyard. Want to help? To donate time, money or goods to the charity house project, call Rob Donovan at Total Home Mortgage/Total Home Contractors at 452-9223. Visit totalhomedonation.com. It wasn't easy. "You don't re- ally see a big result after a day's work, but you look back and say, `I don't want to do that again,'" said Rob Donovan, president of Total Home Mortgagefrotal Home Con- tractors, which is managing the project. A number of other compa- nies have donated labor, paint, a security system and roofing materials, but the wish list for this 1,400 -square -foot, 1963 house is much longer. "It's the bigger -ticket items — the bathrooms, the kitchen — are the things right now Fan of animals. Early Winters is shown with the little dogs he loved. For FLORIDA TODAY we're kind of lacking," Dono- van said. From the pink kitchen to the terrazzo floor, there's a lot that's old and interesting and primed for a polish. Echoes of a life Winters' snapshots still are taped to the walls, lots of them, wonderful old black -and - white photos and newer color ones, many with the little dogs he loved. There's even a 1949 marriage certificate, complete with atypo. Though most of the furni- ture is gone, shirts hang in a closet. Artwork is piled on the floor. Products linger in the bathrooms. It's almost as if the spirit of Winters, a doctor of optometry, is watching over the place. "Doc was great," said Char- lotte Meloy, the regular postal carrier on the route. "He was always more concerned about the animals out here, the cats See CHARITY, 3E Donors to date The following have donated time and goods . to the house renovation project so far: Re/Max Elite McCoy - Freeman Real lEstate Group: Commission will go to Children's Miracle' Network Total Home contractors: General construction and management Richards Paint: Interior/exterior paint Sunbelt Rentals: Equipment rentals Kuhn General Contractors: Roof A&B Printing, yard sign WP Construction: Labor VJA Cabinetry: Labor Roy's Lawn Salon: Labor Bradco: Shingles ' Berith Painting: Paint labor Mayo Electric: Interior electrical (lights and labor) Marcela Kemp Cleaning: Interior cleaning Brevard Site Cleanup: Dumpster and trash removal Mako Mill Work: Interior trim material Security Systems Specialists: Security system labor Seabreeze Security: Security system HOME & GARDEN: IMPROVING INSIDE AND OUT Chris Kridler, FLORIDA TODAY Getting ready to sell. Early Wyatt Winters, a doctor of in December. Volunteers have cleared out the front yard and optometry, left his Cape Canaveral home to charity when he died plan to fix up the Harbor Heights house. Brevardians help flip home for charity CHARITY, from 1E and everything, and the people. He'd come out and talk to me ev- ery day, and he'd leave me sur- prises in the mailbox once in a while." Ray Winters, son of the doctor, said his father would have been thrilled at the project. "So much of the money he made and spent was giving to charities," he said. Doc Winters would feed as many as 80 feral cats at a time, according to Ray, a professor at the University of Miami. An arti- cle once called him "the St. Fran- cis of Cape Canaveral" because of the way he helped animals. "He had the two ugliest dogs, and they went everywhere with him," Meloy said. "Matter of fact, his car got stolen one time with the dogs in it. He left it running when he went into a store." Fortu- nately, Winters got the car and the dogs back. "Anybody who met him loved him, just a really good guy," said Ray, whose mother and father were divorced when Ray was a boy. He spent summers with his dad. "He treated me very well. He was always there when I needed him. I guess more importantly, he gave something that's very pre- cious, and that was his time." Ray and wife Kathleen Win- ters, a real estate attorney, are grateful for the community's ef- The house needs a lot of work, though its in a nice neighborhood, an easy walk from the beach, where peacocks strut through the streets. forts. "It's such a testament to him, and I can just imagine a big smile on his face," Kathleen said. "And I think that it also shows that kindness begets kindness." Big job The house itself needs a lot of kindness, though it's in a nice neighborhood, an easy walk from the beach, where grandiose pea- cocks strut through the streets. It could use new windows, for starters. Though it now has cent tral air conditioning, window units remain throughout. The kitchen is gloriously pink, a reminder of a bygone time, but new cabinets and countertops would make it shine. The bathrooms also need work. One is pink. Another has red walls and retro tile that could work well if the lighting were up- dated. Old light fixtures illumi- nate every room. In one bedroom, holes are cut in the drywall. And there's certainly an opportunity for new window treatments. The front yard is mostly cleared but could use some sod and plants. The back yard, with its thicket of towering bushes, needs a tremendous amount of work. "It's kind of like Indiana Jones," Donovan said as he navigated a tiny path through the shrubs. In the back, behind a dilapidated fence, are what appear to be cat shelters — sheets of wood on con- crete blocks. "It's a big, labor-intensive job," Freeman admitted. They are talking to a cable net- work about getting the house on a series that would boost its chances of a thorough renova- tion, but that's a long shot. In the meantime, they are proceeding with the work. "We're not turning anyone down, if anyone wants to be in- volved," Donovan said. The doctor's son said he's as- tonished bythe effort. "He was extremely kind and extremely generous, and that had kind of a snowball effect, and that can lead to more kindness and more generosity on the part of others," Ray Winters said. "I think that's what's happening here."■ Contact Kridier at 2423633 or ckridler0floridatoday.com. Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Consideration Item 4 No. The $17,500 is being revised, and I should have an updated figure for the meeting. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FOR A BEACH CLEANING PILOT STUDY FROM OLSEN ASSOCAITES DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider the proposal from Olsen Associates, Inc. to conduct a beach cleaning pilot study. Summary Explanation & Background: The proposed pilot studies purpose is to clean two designated beach areas, one in Cape Canaveral and one in Cocoa Beach, for a two-month period and to collect data in an effort to obtain a mechanical beach cleaning permit. The $17,500 is being revised, and I should have an updated figure for the meeting. Please advise. Exhibits Attached: Olsen Proposal City Mana •' Office Department ADMINISTRATION ca im\m docum admin\counc' eting\2007\05-15-07\olsen.doc 9 May 2007 Mr. Bennett Boucher City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920-0326 Re: Beach Cleaning Pilot Study; Proposal for Coastal Engineering Services Dear Bennett: Coastal Engineering Pursuant to your request, this letter presents our firm's proposal for professional coastal engineering services to assist the Cities of Cape Canaveral and Cocoa Beach in implementing a pilot study for beach cleaning at selected areas of both cities' shorelines in Summer, 2007. Our work would principally ential 1) Development of the study and acquisition of approvals from Florida Fish and Wildlife Commissions (FFWC), 2) Daily monitoring prior to any beach cleaning activity, and 3) Field studies and a final report of results that document the activity and the effects, if any, of beach cleaning on marine turtle nesting success. The daily monitoring and field studies will be conducted by Geomar Environmental Consultants, and their anticipated fees are included in our proposal below. Geomar will be conducting the routine daily monitoring for turtle nesting activity along the City of Cape Canaveral and Cocoa Beach shoreline this summer, as they have done over the last 10+ years. As such, they will draw on their extensive prior knowledge and data of local nesting activities (for comparison with the data from the beach -cleaning project areas). Additionally, the cost of the requisite additional monitoring and coordination efforts for the beach cleaning activity is minimized, since the extra effort will be "piggy -backed" on monitoring work that Geomar will already be conducting for the County. The Principal of Geomar, Mr. Don George, is the State marine turtle permit holder for most of this shoreline; and as such, his central involvement in the work will be very helpful in designing the study and securing permissions for its implementation. olsen associates, inc. 4438 Herschel Street Jacksonville, FL 32210 (904)387-6114 Mr. Bennett Boucher/City of Cape Canaveral 9 May 2007 Page -2-of3 After discussions with Don, we recommend the following approach (scope) for the study. 1) Identify five (5) specific areas for beach cleaning, presently anticipated at Cherie Down Park, the Pier, Lori Wilson Park, Shephard Park, and Minutemen Causeway. [Because of the very high nesting density at Minutemen, we may or may not want to include this area in the initial study (as it may adversely or unfairly bias the results); to be determined.] 2) Present the areas and the study protocol to FFWC for written approval. Seek concurrent approval from U.S. Fish & Wildlife Service as required. Coordinate with City and beach cleaning representatives to establish the best means to traverse from one area to another without adversely impacting the beach and nesting. The objective would be to secure permissions as soon as possible, so that the beach cleaning experiment could commence in early summer 2007. The length of time over which the experiment (cleaning) would be conducted is up to the Cities. We recommend as long a period as possible — ideally, June through August — so that there are sufficient data (nesting activities) from which to draw conclusive findings. 3) The study protocol would include a) Pre- and post -experiment beach compaction measurements b) Daily early morning surveys and coordination with beach cleaning crew in order to commence daily work c) Mark any nest and establish 10 -ft radius exclusion barricade around any nest within cleaning areas d) Excavation and nest inventory (after hatching) of any nest within cleaning areas 4) Contrast data with (a) prior records and (b) 2007 results in "no -cleaning" control areas. Prepare report of findings; submit to FFWC. Our proposal includes the tasks outlined above covering all or some portion of the main marine turtle nesting season (May 1 — September 30, 2007) and includes allowances for coordination with FFWC, the City Managers (Cocoa Beach & Cape Canaveral), and the Canaveral Port Authority and Brevard County if/as required. Our proposed fee for the work is not to exceed $17,500. The actual cost might be less if the coordination requirements are simpler olsen associates, inc. 4438 Herschel Street Jacksonville, FL 32210 (904)387-6114 Mr. Bennett Boucher/City of Cape Canaveral 9 May 2007 Page -3-of3 than anticipated and/or if there is less marine turtle nesting activity than anticipated. Progress billing would be monthly. We could provide our firm's short -form agreement for the work, or work from a City purchase order; at your convenience. Please let me know if you have any questions regarding this matter. Meantime, I appreciate the opportunity to submit this proposal and to continue to serve the public beach interests of both the Cities of Cape Canaveral and Cocoa Beach. Sincerely, Kevin Bodge, Ph.D., P.E. Vice President & Principal Engineer, II CC: Don George olsen associates, inc. 4438 Herschel Street Jacksonville, FIL 32210 (904) 387-6114 Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Consideration Item 5 No. Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF FINANCIAL SOFTWARE LICENSE AND SERVICE AND MAINTENANCE AGREEMENTS DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider the cooperative purchase of Springbrook Software License and Service Agreement for financial software in the amount of $83,465 with an estimate of $16,000 for the conversion of the existing data into the new software and $6,102 in travel and per diem costs. The Springbrook Software Annual Maintenance Agreement is in the amount of $10,445 for the first year. This purchase is recommended by the city treasurer utilizing the City of Montclair, California bid awarded 04-02-2007. Summary Explanation & Background: The following documents are included: 1. City treasurer's memo, with a request of $8,000 for hardware, 2. Springbrook Software License and Service Agreement Software -$83,465 +Conversion -$16,000 = $99,465 plus travel and per diem of $6,102 = $105,567, 3. Springbrook Software Maintenance Agreement first year's annual cost of $10,445; will budget for 2007/08fy, 4. Outline/description of software programs, 5. Springbrook company history, products, and support information, 6. Montclair, California bid award documentation, 7. Springbook testimonials. I support the city treasurer's recommendation with an appropriation of $113,567. Exhibits Attached: Listed above City > Department ADMINISTRATION/FINANCE ca kim\ doc nts\admin\council\meeting\2007\05-15 �springbrook.aoc May 10, 2007 I have included in this request packet the minutes and RFP results from the City of Montclair, California, who recently went out for bid for financial software, and awarded the purchase to SPRINGBROOK. It is requested that we piggyback off of this RFP. The modules slated for replacement are as follows: General Ledger, Accounts Payable, Bank Reconciliation, Check Writing, Payroll, Purchase Orders and Requisitions, Fixed Assets, and Business Licenses (Receipts). I am also requesting that the additional modules Human Resources and Point of Sale be included in this purchase. In an effort to streamline the processes between Public Works, Recreation and City Hall, this software will allow for online processing of both Payroll and Purchase Requisitions. In order to complete the implementation, additional funds will be required to purchase the time keeping equipment and point of purchase electronics. have also included projected costs for the IT backup required. Currently there is a budget of $50,000 for this project. After much research, this amount will require an increase to $113,567, which includes the following: • Software, conversion, training and project management $ 99,465 • Projected travel and per diem for implementation 6,102 • NSYNC backup 1,000 • Timekeeping hardware/software 7,000 • Annual maintenance fee 10,450 (This is a 100% increase from existing maintenance fees through IMS but includes additional software. Also, expectation is that support will be much more proactive.) This will not go into the budget until the following year. Conversion is required for existing data now in the current software. This data includes the vendor listing in accounts payable, general ledger coding and trial balances, existing business information and fixed asset databases. It is the goal of the finance department to be up and running at the start of the new fiscal year. I have included the proposed contracts, available quotes, company information and hardware data in this packet. I have more detailed product documentation available in the Finance Department. Please contact me with any questions or concerns. N Memorandum To: Honorable Mayor Randels and Members of City Council CC: Bennett Boucher, City Manager From: Andrea Bowers, City Treasurer Date: 23 April 2007 Re: Purchase of software for the Finance Dept. After an exhaustive search of software available for the small municipal government, the Finance Department is now prepared to purchase and implement a replacement for the IMS software now in use. The Finance Department has had many problems with the performance of the IMS software and it is hoped that a marked time savings will be realized once the new software is implemented and working properly. The software chosen is SPRINGBROOK, formerly distributed by the firm ACS, out of Raleigh, NC. SPRINGBROOK is a software firm located in Portland, Oregon, and is widely used on the West coast and is increasingly used by local governments on the East Coast. They have recently opened an East Coast branch, utilizing the Raleigh, NC office. My first introduction to the software was through the Florida League of Cities. Their IT person did extensive research into the software packages available in order to provide recommendations to those cities requesting this service. I spoke to Robby Fuselier with the League and he stated that SPRINGBROOK was one of the best packages out there for the size and activity of Cape Canaveral. The software is a Microsoft based technology with an SQL Relational database, which will provide much greater accessibility to the data, required with the GASB reporting requirements today. I have also discussed this purchase with Keith, the owner of NSYNC, and after some research, could not find any disgruntled users, which he felt was phenomenal. While on personal time in Oregon recently I had the opportunity to visit the home office and was very impressed with the support system in place. This is a well established company, quite unlike the home based operations of our current provider, and I expect that the service provided will reflect this. Because all of the software modules used by the Finance department are currently IMS software, it is requested that all be replaced. 'Springbrook SPRINGBROOK SOFTWARE LICENSE AND SERVICES AGREEMENT PARTIES: LICENSOR: Springbrook Software, Inc., an Oregon corporation I I I SW Fifth Avenue, Suite 2900 Portland, OR 97204 Phone: 503.820.2200 Fax: 503.820.4500 Email: sia ttlst r%tl;.cor.�� LICENSEE: City of Cape Canaveral 105 Polk Avenue PO Box 326 Cape Canaveral, FL 32920-0326 Andrea Bowers Finance Director 321.868.1234 bowers-cape@cfl.rr.com EFFECTIVE DATE: AGREEMENT: 1. Definitions. As used in this Agreement, including the Attachments hereto, the following terms shall have the following meanings. a. "Initial Installation" means the first instance of installation or loading of any portion of the Software onto Licensee's computer, network or system, without regard to completion of Modifications or other services to be performed under this Agreement. b. "Licensee Modifications" means any modification, enhancement or addition to the Software developed by or for Licensor especially for Licensee's use or at Licensee's request. "Licensor Modifications" means any modification, enhancement or addition to the Software by or for Licensor, other than Licensee Modifications. d. "Material" as applied to the Software or an Application, shall mean a significant or substantial alteration or effect on the function or output thereof, and "cure" as applied to a Material failure shall mean the provision of functional equivalent functions or means. "Specifications" means the written (both hard copy and electronic text files) description of the functions, capacity, performance and features of the Software as delivered by Licensor to Licensee under this Agreement (including, without limitation, any such description in a response to RFP or RFI delivered by Licensor to Licensee, in a Licensor product brochure provided by Licensor specific to the Software, or in correspondence from Licensor to Licensee). f. "Software" means the version of the Springbrook Software, Inc. software packages, applications and interfaces selected by Licensee, listed on Attachment A (each an "Application'), current at the time of signing this Agreement, and shall include any Licensee Modifications and Licensor Modifications provided by Licensor to Licensee. g. "User Materials" means all written and electronic documentation, manuals and materials provided by Licensor to Licensee for use in connection with the Software. 2. Grant of License. Licensor grants Licensee a non -transferable, non-exclusive license to use the Software and User Materials, on the terms and conditions set forth herein. a. Scope of License. Under the License granted herein Licensee may use, copy and distribute the Software (in machine-readable, object code form only) and User Materials to: (i) install, use and execute the Software on computers that Licensee owns or leases for purposes of serving Licensee's internal business needs; (ii) support Licensee's use of the Software under this Agreement; and (iii) transfer or copy the Software from one of Licensee's computers to another, store the Software's machine-readable instructions or data on a temporary basis in main memory, extended memory, or expanded memory of such computers as necessary for such use, and transmit such instructions or data through Licensee's computers and associated devices. b. License Restrictions. Licensee may only use the Software and User Materials within the limited scope set forth herein. In particular, and without limitation, Licensee agrees that Licensee and Licensee's employees will not: (i) assign, sublicense, transfer, pledge or grant a security interest in, lease, rent or share Licensee's rights under this License Agreement with any third party; (ii) reverse assemble, reverse compile, cross compile or otherwise adopt, translate or modify the Software; or (iii) refer to or use any portion of the Software or User Materials as part of any effort to develop any other software program. SPE ING)E3RO O SOFE LVAR [. C1: NSf A{. REE MEN] Pa -e 2 of 17 C. Source Code. Licensor shall house the latest release of the Software with source code with the president or designate of the National User Group for safekeeping. 3. Ownership; Proprietary Protection. This Agreement does not provide Licensee with title to or ownership of the Software, but only a right of limited use. Licensor shall have sole and exclusive ownership of all right, title and interest in and to the Software and User Materials, all copies thereof, all derivative works, and all related material generated from the Software including material displayed on the screen such as icons, screen displays, etc. (including ownership of all copyrights, trademarks and other intellectual property rights pertaining thereto), whether created by Licensor or any other party, subject to the rights of Licensee expressly granted herein. 4. Confidential Information; Non -Disclosure. Licensee acknowledges that the Software and User Materials, and all underlying ideas, algorithms, concepts, procedures, processes, principles, know-how, and Licensor's methods of business and technical operation (collectively referred to as "Confidential Information") are confidential and contain trade secrets. Licensee shall not use, disclose or cause disclosure of, or distribute any Confidential Information, directly or indirectly, without the prior written consent of Licensor, except that Licensee is authorized to disclose Confidential Information to Licensee's employees or agents as required for Licensee's use of the Software as authorized by this Agreement or as required by Law, which obligation shall survive the termination of this License. Licensee shall indemnify Licensor for damages or costs incurred by Licensor as a result of the unauthorized use, disclosure or distribution of any Confidential Information by Licensee or any of Licensee's employees or agents. 5. Fees. The fees payable by Licensee to Licensor under this Agreement shall consist of License Fees (as defined in Attachment A), and additional fees for specific services. If any portion of the Fees is paid through an installment note, any default under the terms of said note will constitute default by Licensee under this Agreement. a. License Fees. License fees shall be paid by Licensee solely in consideration of the License granted under this Agreement, and shall be invoiced and payable in the amounts and at the times in accordance with the Schedule of Fees set forth in Attachment A. License Fees are exclusive of Service Fees, and shall not constitute consideration or payment for Set -Up, Implementation Management, Training and Consulting, Data Conversion, Modifications or Maintenance. b. Fees for Services. Additional fees shall be paid by Licensee in consideration of Set -Up, Implementation Management, Training and Consulting, Modifications, and Data Conversion, and shall be invoiced and payable in the SPRINGI ROOK SOFTWARE WARE LACLASE A(IREEN1[.N"I Pa e 3 of l 7 amounts and at the times in accordance with the Schedule of Fees set forth in Attachment A. Maintenance Fees. Maintenance fees shall be paid by Licensee solely in consideration of those maintenance and support services described in a separate Software Maintenance Agreement between Licensor and Licensee. d. Taxes. Licensee is solely responsible for sales or use taxes and state or local property or excise taxes associated with licensing, possession, or use of the Software or any associated services. 6. Licensee's Cooperation. Licensee acknowledges that successful installation, implementation and use of the Software cannot be accomplished by Licensor's efforts alone, and requires substantial effort and cooperation by Licensee personnel capable of properly using the Software. Both Licensor and Licensee shall at all times use their best efforts to actively participate and cooperate in data conversion, system installation, implementation, training and use, shall provide each other accurate and timely information, and shall afford each other reasonable access to information and facilities. All substantive communication between Licensor and Licensee will take place between Licensee's project manager and Licensor's project manager. 7. Acceptance Testing Period. Upon completion of implementation of each Application, Licensor shall give written notice to Licensee that installation of the Application at the Initial Installation site(s) is completed, and that Licensee has achieved Live Status as to the Application (such times also referred to as "go live date(s)" in Licensor's Project Schedule, as shall be determined by the parties promptly after execution of this agreement). Licensee shall be deemed to have accepted the Application thirty (30) days after Licensor's notice, unless, during that thirty (30) day period (the "Acceptance Testing Period"), the Application fails to perform in accordance with the Specifications in some Material respect attributable to a defect in the Application or an act or omission of Licensor, and, by the end of the Acceptance Period, Licensee gives Licensor written notice of non-acceptance describing the failure in reasonable detail. If Licensee gives a proper notice of non- acceptance to Licensor, then: a. Investigation. Licensor shall investigate the reported failure. Licensee shall provide to Licensor reasonably detailed documentation and explanation, together with underlying data, to substantiate the failure and to assist Licensor in its efforts to diagnose, reproduce, and if necessary correct the failure. b. Material Failure Found. If there exists a reproducible Material failure to perform in accordance with the Specifications attributable to a defect in the Application or an act or omission of Licensor, Licensor shall, within thirty (30) days (or such longer period as may be reasonable under the circumstances) after receipt of Licensee's written notice of non-acceptance, SPRlNGBRO OK `O FT.wARI IACI:NSE? AGREEMENT Page 4 of 17 correct the failure so that the Application functions in Material conformity with the Specifications. Upon correcting the failure within such period Licensor shall notify Licensee in writing that the failure has been corrected, and another Acceptance Testing Period shall begin in accordance with this Section 7. No Material Failure Found. If there was no reproducible Material failure to perform or the failure to perform was not attributable to a defect in the Application or an act or omission of Licensor, then Licensor shall give written notice to Licensee explaining its determination in reasonable detail, and Licensee shall have thirty (30) days to respond with additional documentation or written explanation regarding the failure. If Licensee provides such response, Licensor shall be afforded thirty (30) days to review the response and, if necessary, attempt to correct the failure. If Licensee does not provide such response within thirty (30) days, then Licensee shall be deemed to have accepted the Application as of the date of Licensor's notice. 8. Term; Default; Opportunity to Cure. This Agreement is effective as of the Effective Date and shall continue until terminated. The License shall terminate upon default, cancellation, repudiation or rejection of this Agreement by either party. A party shall be considered in default only if the party, thirty (30) days after receiving written notice from the other party identifying with reasonable specificity a Material failure to comply with any term or condition contained herein (including without limitation Licensee's failure to pay any fees or charges due under this Agreement or any related Software Maintenance Agreement or service agreement, and Licensor's breach of the limited warranty provided in Section 10), has not cured such failure or breach. Upon termination of the License, Licensee shall return to Licensor the Software together with all copies and merged portions in any form and User Materials and related documentation. In the event of termination other than termination resulting from a default by Licensor, no License Fees or other Fees then paid or payable shall be waived or refunded, and any License Fees then unpaid shall be immediately payable in full. 9. Support and Maintenance. Support and maintenance of the Software is not included in this Agreement or the License Fees or Service Fees paid hereunder, but is purchased through a separate Software Maintenance Agreement. 10. Limited Warranty. Licensor warrants that it has title to the Software and that it has full authority to grant this license to Licensee. Licensor also warrants that, as to each Application, for a period of ninety (90) days from the date of Licensee's acceptance of the Application, the Application will function in Material conformity with the Specifications. Licensor makes no warranty regarding the usability or convertability of any of Licensee's data, the suitability of the Software for Licensee's needs, or any performance problem, claim of infringement or other matter to the extent attributable to any use or modification of the Software, or combination of the Software with any other software or computer program or SP1 1NG)BR{)()K SOFTWARE I KA` NSF, AGREENi[,NT Page j of' 17 communications device, not expressly authorized by Licensor in writing. Determination of breach of the foregoing limited warranty or default under this Section 10 shall be subject to the notice and cure provisions of Section 8, and upon receipt of written notice of breach of warranty Licensor shall be afforded a period of thirty (30) days to cure the reported Material defect, failure or other breach. Licensee agrees that the foregoing limited warranty is in lieu of all other warranties of Licensor and Licensor disclaims all other warranties, express or implied, including without limitation any implied warranty of merchantability, fitness or adequacy for any particular purpose or use, quality, productiveness or capacity, or that the operation of the Software will be error -free. 11. Limitation of Remedies and Liability. The cumulative liability of Licensor to Licensee for all claims relating to the Software and any services rendered hereunder or in any related service or maintenance agreement, arising under or relating to this or any related agreement or warranty (including without limitation the limited warranty provided pursuant to Section 10), or otherwise in contract, tort, strict liability, indemnity or any cause of action whatsoever, shall in all events be limited to the total amount of the Fees paid to Licensor under this Agreement for the relevant Application(s) and related services. In no event shall Licensor be liable for any consequential, indirect, special or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss), whether arising out of contract, tort, warranty or otherwise, even if Licensor has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability shall apply regardless of the success or effectiveness of other remedies. The Fees herein and terms hereof have been agreed to by Licensor in reliance on the allocation of risk and limitation of liability set forth in Section 10 and this Section 11. 12. Exclusive venue for any dispute between the parties arising out of or relating to this Agreement shall be in any Federal Court in the State of Oregon. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Oregon, as such laws apply to a contract made and performed in such state, without regard to conflicts of law provisions. 13. Entire Agreement; Construction; Licensor and Licensee Representations. This Agreement is the complete and exclusive statement of the agreement between Licensor and Licensee and supersedes all prior and contemporaneous negotiations, discussions, proposals and understandings, oral, written or implied, including those involving any agent of either party, relating to the subject matter herein. No representations or statements made by either party or either party's agents not expressly set forth or referenced in the Agreement shall be binding on either party. Rights, obligations and warranties under this Agreement extend to Licensee and Licensor only, and no other person shall be considered a third party beneficiary of this Agreement or be otherwise entitled to any rights or remedies under this Agreement. No provision of this Agreement shall be construed in favor of or against any party because one party or its professional advisors participated in the SPRINGBRO OK `iOi'`FWARE I.f(.'1:NM` AGRIT>tIFNT Noe 6 of 17 preparation of this Agreement. Licensee represents and warrants that it possesses sufficient mastery of the principles of accounting to use the Software for its intended purpose, and, accordingly, Licensee acknowledges that it is Licensee's responsibility to: develop and institute the use of manual controls to validate the accuracy of the data generated by the system; review proof lists and reports to validate the accuracy of reports and statements; and verify that a functioning archival system is in place, and that the data base is archived to a removable medium on a daily basis. In the event of a conflict between the Attachments and the main body of this Agreement, the main body of this Agreement shall control. 14. Modification; No Waiver. The terms of this Agreement may only be modified, expanded or added to by a written agreement executed by the parties. No oral communication between the parties or their agents before or after execution of this Agreement shall be binding upon either party unless the parties expressly agree in writing to the terms of such communication. No waiver by either party of any breach of any term or condition hereof shall be effective or enforceable unless made in writing signed by the party, and no waiver shall be interpreted as a continuing waiver or a waiver of any future obligation. 15. Attorneys Fees. If any suit, action, or other proceeding shall be instituted relating to any term or condition of this Agreement or relating to any of the rights, duties, or obligations arising under it, the prevailing party shall be entitled to recover from the other party and the other party agrees to pay to the prevailing party, whether or not the matter proceeds to final judgment or decree, in addition to costs and disbursements allowed by law, such sum as the trial and each appellate court may adjudge reasonable as an attorney's fee in such suit, action, or other proceeding, and in any appeal thereof including. Such sum shall include an amount estimated by the court as the reasonable costs and fees to be incurred by the prevailing party in collecting any monetary judgment or award or otherwise enforcing each order, judgment, or decree entered in such suit, action, or other proceeding. SPRINIGBROOK SOFTWARE LICENSE AGREEMENT I'tzoe 7 of i 7 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed in duplicate by its duly authorized officer or representative. LICENSOR B Name: Signature: _ Title: LICENSEE Name: Signature: _ Title: Date: , 20 Date: , 20 LICENSEE Name: Signature: _ Title: Date: .20 SPRI",4GUIRO OK SOFTWARE ARE: I ICU.NSE ACRE EME VI' Vltjoe 8 of 17 ATTACHMENT A: SCHEDULE OF FEES Attachment A contains the price quote issued to Licensee showing the applications and services being licensed and/or purchased, the fees therefore, and the current fees for other services, and a schedule of payment terms. By signing this agreement, Licensee is agreeing to the Schedule of Fees for the duration of the implementation. �b k May 10, 2007 S�p Pricing Proposal for City of Cape Canaveral, FL *Total Concurrent Users = 6 Prices valid for 90 days III Pricing is based on standard contract - deviation from standard contract terms may III result in modified prices. Training Estimates are based on a train the trainer concept and do not include travel time or expenses. Monthly Rental and Leasing Options are available SPR1 N<:;BROOK SOFTWARE WARE F.6t.T'NSE pa -e 4 0i' 17 �r May 9, 2007 brook Conversion Estimate for City of Cape Canaveral, FL An estimated cost of your data conversion has been provided in this quote. This estimate is for up to three separate data pulls (UB, one for Finance and Payroll). We will need to review an actual sample of your data to confirm this estimate. Certain factors may cause the cost to exceed the amount quoted. See section below titled "Not Included in Estimate". There are a variety of factors that can influence the cost of a conversion and a variety of items that are not included in the standard cost estimate for your conversion. For example, your estimate will not include the following: • Removal of data from your existing system • Consulting on removal of data from your existing system • Changes or modifications requested after the first conversion and different from the specifications we originally received. • Changes in the format we receive the data in after the first conversion • More than three conversions in UB or more that one conversion for Finance and Payroll In addition, the following items can increase the cost of your conversion: • Mixed formats of data (a file containing tab delimited or comma delimited format. • Problems with data integrity • Data manipulation not for the purpose of the conversion, but for the purpose of supplying you with information you did not previously have access to. • Changes in the file format after the first conversion • Changes requested to the data after the second conversion KP nn��nna0 No ffille or innccoorrrreecctt file layouts (may palso prrevveent conversion Fynpn TNii'IM 1f Re�ft'd'9trcisS dffli�is'��e't fo�tF�ipme'��Ife'tli,lt o oegsir l bit~i�i+!![irTe §yghe ESUMat i lStit prior acceptance of Licensee as indicated on a signed work order SPRINCit3RO OK SOFFWARE t.ICL..NS(; AGREEN'IFNT Pasze 10 of 17 Refer to Attachment B of Contract SPRIN"GBROOK SOF"I`}v'ARF I.IC'FNSE; AGRE:TNIEN'E Plf_e I I Of 17 A.2. STANDARD FEE PAYMENT SCHEDULE. Application License Fees: 100% ($) invoiced at contract signing Progress Database & Client Fees: 100% ($) invoiced at contract signing -user Server: -user Client Progress Annual Maintenance: 100% ($) invoiced at contract signing (1" year) Consulting and Training: 50% ($) invoiced at contract signing (Does not include expenses; 50% ($) invoiced at completion, by module see A.3.3 for details) (Licensee achieves live status) Implementation Management: 50% ($) invoiced at contract signing (Does not include expenses; 50% ($) invoiced at completion, by module see A.3.3 for details) (Licensee achieves live status) 1 St year Application Maintenance: Invoiced six months after Software License Agreement effective date. Prorated to the end of your agency's fiscal year. Licensee Enhancements: 50% ($) if requested, invoiced upon receipt of signed work order (Custom, if applicable) 50% ($) due upon completion of each work order Licensee Enhancement Maint: Invoiced upon completion of signed work order. Prorated to the end of your agency's fiscal year. Note: Maintenance (based on 25% for I` year) may apply on custom programming performed & maintained by Springbrook Data Conversion(s): 50% ($) invoiced at contract signing 50% ($) invoiced upon completion of conversion by module Total to be Invoiced After Contract Signing: $ 72,990 SPR1NGBROOK SOFTWARE LIC'E.NS ACiREEMI_NT P�ii!e 12 ot` i7 A.3. EXPLANATION OF FEE SCHEDULE ITEMS FOR SERVICES A.3.1 Software Maintenance. Maintenance and support of the Software is not provided under this Software License Agreement, but under a separate Software Maintenance Agreement between Licensor and Licensee. In the event of a conflict between this "Explanation" of software maintenance and the Software Maintenance Agreement, the Software Maintenance Agreement shall prevail. First year maintenance is based on 20% of the then current retail value of the application software and 25% of the then current retail value of the database manager and optional report builder. Maintenance on the Springbrook applications is provided by Springbrook Software and includes telephone and Internet support, as well as enhancements to the version purchased. Maintenance on the database manager is provided by Springbrook software and includes telephone and Internet support, as well as updates to the database as provided by Progress. Maintenance on the Progress Report Builder includes updates as provided by Progress, as well as telephone and Internet support from Springbrook for standard reports written by Springbrook and included as part of the standard releases. A.3.2 Implementation and Proiect Management. Implementation and Project Management Services. Implementation Management Services are vital to a successful implementation, and are considered consulting rather than training. An IM Specialist is assigned to manage your implementation, managing your workload, checklists, task lists and keeping you apprised of the status of your project. This involves on-going telephone and conference calls as well as written documentation. Business Process Stud.. (GBPS). Every Agency is unique in the way it conducts business. For example, in Utility Billing, rates are different, the frequency in which routes are billed is different, and the way past dues are issued and how late fees are calculated is different. In addition, other factors need to be considered, such as what, if any, interfaces need to be written to connect Springbrook to vendors' applications and what type, size, and complexity will the forms be that you present to your clients, including billing statements, past due statements, door hanger, etc. These types of conditions are also true for the financial and payroll Applications. We consult with your staff on the best way to build your chart of accounts to fit your organization's reporting requirements. We assist you in defining all of the set ups required for payroll and accounts payable. In summary, we help you maximize the benefits while minimizing any misunderstandings about the functionality or implementation of your new software. This service (cost, excluding travel expenses) is included in implementation management services. A business process study will be conducted after contract signing. The results of that study may show that one or more custom modifications or statements is required or requested by Licensee. Any such requests or recommendations will be presented to Licensee for prior written approval. Based on your BPS we will provide a written SPRI'vtiF:3RO OK `s(:?FTWAR LIC I: SE i1C.rRL.F:ViE t F'ai_,e 13 ()1' 17 document outlining our findings for your review and approval. Any associated costs uncovered during this BPS session will be bid and presented for your prior approval. A.3.3 Consulting and Training Services. The amounts listed in this quote include a budget for travel time or expenses. All out of pocket travel related expenses will be billed at actual on all applicable items, including car rental, hotel expense, airfare, mileage, taxis, parking, toll fares, and meals). We will use reasonable efforts to limit travel and living expenses by using coach air fare, booked in advance when available, staying at hotels identified in advance by Licensee as offering Licensee's contractors a discounted rate, and sharing rental cars. Variables that could cause the need for additional training include, without limitation: employees at your organization that are unfamiliar with their job responsibilities; users who are unfamiliar with Windows; multiple users who need to be trained at separate times and/or locations; or turnover in application software personnel during the implementation period. Training fees will be payable by Licensee whether or not application software personnel are made available for training, and failure to complete required training could result in increased Maintenance Fees. Licensee shall provide users of the Software with Springbrook certified Software training; a System Malfunction, failure or error caused by an untrained user shall not be the responsibility of the Licensor. A.3.4 Modifications. Modification requests are responded to on a bid basis, based on Springbrook's current Service Fee schedule. All Modifications and custom programming will be made pursuant to Work Orders approved in advance by you. These include any and all fees for modifications requested and outlined in the BPS findings, as well as future Modifications requested during and after the project is completed. In order to keep the implementation schedule on track, no modifications other than those outlined during the BPS process will be made to the Software until the base system is installed (and all License Fees have been paid), unless those modifications are essential to your ability to go live on the application(s). No fees for Software modifications shall be billed to you until Springbrook has received a signed bid for such modifications. A.3.5 V6.nn System and Communication Requirements. Operating Environment. Windows 2000 Server with Service Pack 4 or later, Windows 2003 Server, Linux, or IBM AIX. If using the MS SQL database platform, Microsoft SQL Server 2000, Standard or Enterprise versions will also be required. Telephone/Modem Support. - Licensor shall provide and maintain a telephone line for speaking with the Springbrook Software support staff. Licensor shall provide the ability and security permissions to access the Springbrook Software Internet web site for a minimum of one computer with Springbrook Software installed. Licensor SPRINOBROOK SOFTWARE I.((.'ENSF AGRI;I::AII N Nu 14 of 17 must also provide and maintain remote access for Springbrook Software to the computer or computers which serve the Springbrook Software database and disseminate the Springbrook Software application. This remote access must be made available through either an Internet connection of 128 kilobytes per second or greater, or a modem and a telephone line for the modem's use. This remote access also requires that the licensor offer Springbrook employees access through one of the products listed by Springbrook Software. These currently include: Symantec PCAnywhere, Citrix GoToMyPC, Microsoft Terminal Services, and Citrix Metaframe. VPN connections are currently supported using the Microsoft client included in Windows 2000 and Windows XP, as well as the Cisco System VPN Client. SPRINGBRO OK SOFTWARE LACE:'NSF M-3REENIENT Page I j of 17 A.4. ADDITIONAL SERVICE FEES After hours support $ 150/hr Maintenance contract covers support from 7AM to 8 PM Central Time Monday through Thursdays and 7 AM to 7 PM Fridays On Site Installation $ 150/hr Network & Operating System Consulting $ 150/hr (Answering questions and assisting users and/or their consultants with all aspects of hardware, networks, and operating systems - includes installation, set-up, and troubleshooting.) Training (Note: Report Writing is billed at $150/hr) $ 150/hr (The training necessary for the average user has been included with the project total above - additional one-on-one training, if requested, shall be billed at $150/hr. Training is held in the Portland, Oregon Training Center, or on site.) Travel Time (billed one way) $ 100/hr (For on site services) Travel Expenses Billed as Incurred An estimate of travel expenses for initial training and implementation management has been provided within Section A of this document. Telephone training $ 100/hr Weekend/After Hours Training On-site rate $ 200/hr Telephone rate $ 200/hr Support Not Under Maintenance $ 250/hr Examples include but are not limited to: Providing Support on PC-based applications, Non -contracted bank -of -hour support of 3rd Party products that City staff integrates with our data GIS, Imaging etc. (Minimum charge per 30 minute call.) NOTE: Senior Managers/Programmers/CPA's $ 200/hr These are current rates for services and are subject to change within twelve months of executed date of this contract. SPKIN'CiE:IE2OO; SOFTWARE LAC'E;NSE: AGRE.E:AIE N Paz_Yle 16 of 17 p • 1 • •­ (� � � I Estimated Travel Costs For: Cape Canaveral, FL Date: April 17, 2007 Business Process Study: Phone (0 Trip, 0 Person, 0 Days) Airfare $ 1,500 Lodging $ Car Rental $ 555 Gas $ Per Diem Expenses $ 792 Airport Transportation $ Travel Time Estimated Travel Expenses Training (Initial, Follow-up, Go -Live) # of Trips: 3 # of Days Per Trip: 5 Airfare $ 1,500 Lodging $ 1,800 Car Rental $ 555 Gas 90 Per Diem Expenses $ 792 Airport Transportation $ 240 Travel Time $ 1,12b Estimated Travel Expenses $6,102 Total Estimated Travel $6,102 *An after live assessment is sometimes deemed necessary. This is usually a one day trip. SPR1?v(i13ROOK SOFIWAR 1 ICENSE; AGRE,EME;N] Powe 17 ai' I7 1 • 1 • • r( C�� �� I• SPRINGBROOK SOFTWARE MAINTENANCE AGREEMENT PARTIES: LICENSOR: Springbrook Software, Inc., an Oregon corporation I I I SW Fifth Avenue, Suite 2900 Portland, OR 97204 Phone: 503.820.2200 Fax: 503.820.4500 Email: sIlicI&T-d1rlcXonI LICENSEE: City of Cape Canaveral 105 Polk Avenue PO Box 326 Cape Canaveral, FL 32920-0326 Andrea Bowers Finance Director 321.868.1234 bowers-cape@cfl.rr.com EFFECTIVE DATE: Licensor has licensed its proprietary software products and programs to Licensee, and Licensee wishes to have Licensor maintain and support the use of the Software. Licensor and Licensee therefore agree as follows: 1. Defined Terms. Certain terms used in this Agreement have defined meanings, which are provided in Section 15, and in other Sections herein. Definitions of specifically defined terms (appearing in quotation marks and capitalized where defined herein) shall apply whether or not the term is capitalized. 2. Term; Automatic Renewal; Termination; Opportunity to Cure. The "Initial Term" of this Agreement shall be a period of 12 months commencing upon the Effective Date, This Agreement shall automatically renew at the end of the Initial Term for subsequent terms (each a "Renewal Term") each of twelve (12) months thereafter, unless either party gives the other not less than thirty (30) days written notice of termination prior to the termination of the Initial Term or then -current Renewal Term. A party shall be considered in default under this Agreement only if the party, thirty (30) days after receiving written notice from the other party identifying with reasonable specificity a material failure to comply with any term or condition contained herein (including without limitation Licensee's failure to pay any fees or charges due under this Agreement or any related License Agreement or service agreement, and including Licensor's breach of the limited warranty provided in Section 11), has not cured such failure or breach. In the event that Licensee is in default under this Agreement, Licensor in its sole discretion may elect to terminate this Agreement or to place Licensee's Maintenance Agreement on hold until such default is cured. In the event that this Agreement is placed on hold pursuant to the preceding sentence, Licensee will be charged a Reconnection Fee pursuant to Section 8. 3. Scone of Maintenance. During the term of this Agreement, Licensor agrees to provide "Basic Maintenance Services" in support of the Software. Basic Maintenance Services shall consist of: a. Unlimited Support Services. Licensor will supply a toll free line plus Internet access into support to answer questions and help resolve issues not related to error corrections as defined below. Error Correction. Licensor will use all reasonable diligence to correct verifiable and reproducible errors that are reported. In an emergency situation (e.g. Licensee makes Licensor aware that the system is unavailable in a "live" production environment such as the inability to issue Payroll checks, process ACH transmission, issue Utility Bills etc.) Licensor's goal is to assign resources immediately to begin work on correcting the error. For non- emergency situations (The error impedes but does not prevent the use of one or more essential or non-essential functions) Licensor's goal will be to provide an error correction as soon as possible. The Error Correction, when completed, may be provided in the form of a "temporary fix," consisting of sufficient programming and operating instructions to implement the Error Correction. b. Telephone/Modem Support. Licensor shall maintain a telephone and modem support line, or DSL Internet connection, or T1 connection to the Internet during normal business hours (7AM to 8 PM Central Time) Monday through Thursdays and 7 AM to 7 PM Fridays), excluding major national holidays, that permits Licensee to report Errors in the Software and to receive assistance in cases of operator error. Licensee agrees to provide and maintain a means for Licensor to remotely access and maintain the Applications as installed on Licensee's computers or networks. The current list of supported means of this access is available from Licensor Software, but will include either a modem and dedicated modem telephone line, or an Internet connection of 128Kb, or faster, with a dedicated, static IP address. Licensee SI'RINC313ROOK NIAINT F:N:1NC ACr12,FEMENIT Page 2 01,12 agrees to provide and maintain an Internet connection of 128Kb, or faster, for accessing Software updates and information from the Springbrook Software web site. In order to serve Licensee properly, Licensor requires that the modem be located physically in the server, not in a workstation on Licensee's network. Licensor reserves the right to bill hourly (following Licensee's approval) for maintenance in cases of repeated operator error, or where a single operator error results in extensive Licensor time to resolve the problem. c. Changes in State and Federal Regulations. Licensor will provide updates needed to conform to state and federal regulations, including changes to tax tables and routine forms, as changes become effective. Maintenance services under this Agreement do not include updates to conform to any changes in local governmental regulations, including without limitation changes in utility billing rates, reports or methods. d. Routine Releases. Licensor may, from time to time, issue routine Releases of the Software, containing Error Corrections and minor Enhancements to Licensees who have maintenance agreements in effect. Installation of routine releases is provided at no charge to Licensee if completed over the modem. Installation of routine releases and updates by Licensor at Licensee's site will be billed to Licensee at the then current hourly rate except in cases where Licensor is solely responsible for the inability to provide modem support. e. Major Enhancement Releases. Licensor may, from time to time, offer Major Enhancements to Licensee, and reserves the right to assess an additional charge. To the extent Licensor offers such Major Enhancements, it shall permit Licensee to obtain one copy of each Major Enhancement for each copy of the Software or Application being maintained under this Agreement at the discount then specified by Licensor. The Application Software for Licensor's next major release (Version 7.0, .NET technology) will be provided at no additional charge to Licensee. Licensee acknowledges and agrees that enhancements provided by Licensor pursuant to this agreement may require additional professional services (e.g. Training of Licensee's end-users, Project Management, Conversion etc.) Licensor is able to provide these services at then current rates plus any expenses. 4. Exceptions. The following matters are not covered by, and are outside the scope of, Basic Maintenance Services: a. Onsite support services provided by employees or agents of Licensor; b. Training, file and data conversion costs, and consulting services (whether onsite or offsite); S1'IZ[?v{ifiit()OK N- AIN (FNAN E ,'1(rRI:'f::MEM Pa -e I of 12 c. Maintenance or support services resulting from any problem resulting from Licensee's deliberate misuse, alteration (including local reports written by the Licensee), or damage of the Software; d. Support of operating systems; support of non -Licensor software (including but not limited to spreadsheets, word processors, general office software, and report builders (including the Progress Report Builder)); e. Onsite installation and management services for Upgrades or Major Enhancements; L Providing Internal Controls and/or balancing Licensee's books; g. Any training, consulting, implementation management services, and data conversion services, required on an individual Licensee basis for Upgrades or Major Enhancements (whether onsite or offsite); h. Any set up, support for and maintenance of additional production databases (whether onsite or offsite); i. Travel (including travel time) and living expenses for installation and training, or any other Onsite support or services; j. New Product Release license and service fees. 5. Cooperation of Licensee. Licensee agrees to notify Licensor promptly following the discovery of any Error. Further, upon discovery of an Error, Licensee agrees, if requested by Licensor, to submit to Licensor a listing of output and any other data that Licensor may require in order to reproduce the Error and the operating conditions under which the Error occurred or was discovered. Licensor shall treat any such data as confidential. 6. Fees and Expenses. The Initial Term "Maintenance Fees," as set forth on Attachment A, will be invoiced and payable as set forth on Attachment A, for Basic Maintenance Services. Maintenance Fees for each Renewal Term will be invoiced approximately ninety (90) days in advance of the commencement of each Renewal Term, but in any event payable upon commencement of the Renewal Term. Maintenance Fees will apply to support or the Software and to any modifications made thereto if those modifications require support and/or additional programming services during Upgrades. Maintenance Fees for each Application or licensed product are based on a percentage of Licensor's then current License Fee for the Application or licensed product. For Initial Term Maintenance Fees, the rate is twenty percent (20%) for standard Applications and licensed products (meaning, those without Licensee -specific modifications, customizations or Enhancements), twenty-five percent (25%) for all non-standard Applications and licensed products SPR INCrE3Rt�)OK MAIN I ENANC'}; MiRELI. 1LAT Page 4 of' 12 (meaning, those including Licensee -specific modifications customizations or Enhancements), and twenty-five percent (25%) for all database manager Applications or licensed products. Maintenance Fees may be modified by Licensor for Renewal Terms, provided that Licensor shall inform Licensee in writing as to any such proposed increase not less than sixty (60) days prior to the commencement of the Renewal Term. a. Fees for Excluded Items. Licensee agrees to pay fees for those items or services excluded from Basic Maintenance Services pursuant to Section 4, when and as the services are rendered and the expenses invoiced, provided, however, that no such additional fees or costs will be invoiced to Licensee without Licensee's prior written approval of the fees, costs, and related work. Licensor shall provide supporting documentation for all expenses upon Licensee's request. Licensor reserves the right to require prepayment or advance deposit for such additional charges or expenses in some instances. Licensee is also responsible for sales or use taxes and state or local property or excise taxes associated with licensing, possession, or use of the Software or any associated services. All fees paid hereunder are nonrefundable and will be forfeited in the event of termination or cancellation except as otherwise specifically provided herein. b. Key Licensee personnel replacement. If key personnel replacement occurs and Licensor recognizes an above average level support, Licensor and Licensee shall attempt to determine the reason for the excess calls or emails. If Licensee and Licensor determine that the excess Telephone or Email Support calls are a result of inadequate training by the Licensee, then the Licensee shall correct the inadequacy by providing additional training through the Licensor at the then current rate plus expenses upon Licensee approval. Licensor offers a variety of training options including, but not limited to, Web -based training, onsite training and free training at Licensor's Portland Training Center to all new department heads and one (1) new primary user in each department on Licensor software applications previously implemented by the Licensee. 7. Work Orders. Licensee may from time to time request from Licensor services, such as Software modifications or additional training. Licensor shall make a reasonable and good faith effort to comply with such requests but shall retain sole discretion to decide whether such services are provided. Licensee shall receive from Licensor in advance an estimate of the cost of requested services. Licensor shall receive for all approved Licensee requests a signed work order from the Licensee and a deposit equal to fifty percent (50%) of the estimated cost of the service. 8. Billing. All invoices from Licensor to the Licensee for any product or service are due upon receipt. Invoices are past due thirty (30) days after the date of invoice. Licensor may, at its option, charge all invoices thirty (30) days and older an interest at a rate of one and one-half percent (1'/z%) per month (eighteen percent (18%) per SPRINGBROOK MAIN i ENANIC : AG Page 5 of 12 annum) or, if less, the highest rate allowed by applicable law from the date such fee or charge first became past due. Invoices are delinquent sixty (60) days after the date of invoice. A delinquent invoice may cause Licensor, at its option, to put the Licensee's account on hold, or, subject to the terms of Section 2, terminate this Agreement. Accounts on hold may receive no product, service, or support from Licensor (including without limitation Basic Maintenance Services) until all past due and delinquent invoices are paid in full. Once an account is placed on hold for non- payment, Licensor shall not be required to provide Basic Maintenance Services, or other products or services, hereunder until a "Reconnection Fee" equal to twenty- five percent (25%) of the current Term's annual Maintenance Fee is paid by Licensee. 9. Use and Restrictions. Error Corrections, Enhancements, Upgrades and New Product Releases (and any other programming provided by Licensor, regardless of its form or purpose) shall be considered part of the Software for purposes of determining the parties' rights and obligations related thereto pursuant to the License Agreement and this Agreement. Licensor shall have sole and exclusive ownership of all right, title and interest in and to such works (including ownership of all copyrights, trade secret rights and other intellectual property rights pertaining thereto), subject to the terms and conditions of the License Agreement. 10. Limited Remedy and Liability; Exclusion of Consequential Damages. The cumulative liability of Licensor to Licensee for all claims relating to any services rendered hereunder, in contract, tort, or otherwise, shall not exceed the total amount of the Maintenance Fees paid by Licensee to Licensor pursuant to this Agreement during the twelve (12) months prior to the claim. In no event shall Licensor be liable to Licensee for any consequential, indirect, special, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss), even if Licensor has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies, and shall apply to all claims under the warranty described in Section 11. Licensor's liability for breach of warranty exists only during the warranty period set forth in Section 11. 11. Limited Warranty and Exclusions. LICENSOR WARRANTS THAT IT WILL RENDER ITS SERVICES HEREUNDER IN A GOOD AND WORKMANLIKE MANNER, AND THAT DURING THE TERM OF THIS AGREEMENT AND FOR A PERIOD OF SIX (6) MONTHS THEREAFTER LICENSOR, AT LICENSOR'S SOLE COST, SHALL CORRECT ANY FAILURE TO RENDER ITS SERVICES HEREUNDER IN A GOOD AND WORKMANLIKE MANNER. ANY CLAIM BASED ON THE FOREGOING WARRANTY MUST BE SUBMITTED IN WRITING TO LICENSOR SPECIFYING THE FAILURE IN REASONABLE DETAIL, AND SHALL BE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF SECTION 2. LICENSEE AGREES THAT THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER SPRINGBROOK 11IAIN I FNANC( AGiR[T-.1 tt',1111f Pa -e 6 of 12 WARRANTIES OF LICENSOR AND LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE, QUALITY OR PRODUCTIVENESS, COMPATIBILITY, DESIRED RESULTS, CAPACITY, OR THAT SERVICES RENDERED HEREUNDER WILL BE ERROR -FREE. 12. Venue; Governing Law. Governing law and exclusive venue for any dispute between the parties arising out of or relating to this Agreement shall be as determined pursuant to the License Agreement. 13. Entire Agreement; Construction; Licensor and Licensee Representations. This Agreement is the complete and exclusive statement of the agreement between Licensor and Licensee and supersedes all prior and contemporaneous negotiations, discussions, proposals and understandings, oral, written or implied, including those involving any agent of either party, relating to the subject matter herein. No representations or statements made by either party or either party's agents not expressly set forth or referenced in the Agreement shall be binding on either party. Rights, obligations and warranties under this Agreement extend to Licensee and Licensor only, and no other person shall be considered a third party beneficiary of this Agreement or be otherwise entitled to any rights or remedies under this Agreement. No provision of this Agreement shall be construed in favor of or against any party because one party or its professional advisors participated in the preparation of this Agreement. Licensee represents and warrants that it possesses sufficient mastery of the principles of accounting to use the Software for its intended purpose, and Licensee acknowledges that it is solely Licensee's responsibility to: develop and institute the use of manual and other appropriate controls to validate the accuracy of the data generated by the system and ensure that Licensee's books balance; review proof lists and reports to validate the accuracy of reports and statements; verify that all users of the Software are properly and sufficiently trained and experienced; and verify that a functioning archival system is in place, and that the data base is archived to a removable medium on a daily basis. In the event of a conflict between the Attachments and the main body of this Agreement, the main body of this Agreement shall control. 14. Modification; No Waiver. The terms of this Agreement may only be modified, expanded or added to by a written agreement executed by the parties. No oral communication between the parties or their agents before or after execution of this Agreement shall be binding upon either party unless the parties expressly agree in writing to the terms of such communication. No waiver by either party of any breach of any term or condition hereof shall be effective or enforceable unless made in writing signed by the party, and no waiver shall be interpreted as a continuing waiver or a waiver of any future obligation. 15. Definitions. `iPRINGYE3RtX)K MAIN IE::NANC E:; AGREEMENT Page 7 of 12 a. Terms Defined in License Agreement. The following terms have that meaning assigned to them pursuant to the Software License Agreement executed by the parties in conjunction with this Agreement (the "License Agreement"): "Application;" "Cure;" "Error;" "Material;" "Specifications;" "Software;" and "User Materials." b. "Enhancement" means a modification or addition that, when made or added to the Software, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction, and does not constitute a New Product Release. Licensor may designate Enhancements as "Major Enhancements" or simply as "Enhancements," depending on Licensor's assessment of their value and of the function added to the Software or Application. "Major Enhancement" may be a substantial rewrite of an Application, similar to a New Product Release, or may be additional functionality benefiting only certain licensees rather than all licensees as a whole, and requiring those Enhancements to be packaged as a separate module. C. "Error Correction" means either a modification or addition that, when made or added to the Software, brings the Software into Material conformity with its published specifications, or a procedure or routine that, when observed in the regular operation of the Software, avoids the practical adverse effect of such nonconformity. d. "New Product Release" means either the total rewrite of an Application or new version(s) of the Software (including, without limitation, offering of an Application in a new language), the offering of new suites of Applications or databases, generally packaged as a separate module, and which may incorporate Error Corrections and/or Enhancements. A New Product Release shall be distinguished from an Enhancement by Licensor's determination, based on Licensor's assessment of the New Product's value and of the function added to the Software or an Application. e. "Temporary Fix" means an initial correction or "fix" to a problem in the Software prior to the release of an Error Correction. L "Upgrade" has substantially the same meaning as "Enhancement." ` PRINf.iE3t O OK MAIN I I;Iv'AN E ;ltrREK:MUN] F'age 8 oI' € _' IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed in duplicate by its duly authorized officer or representative. LICENSOR Name: Signature: _ Title: LICENSEE Name: Signature: _ Title: Date: , 20 Date: , 20 LICENSEE By - Name: Signature: _ Title: Date: , 20 SPWN' i13I?.t:?OK MAIN i f:;N:1NCE A(rREI—'V([:N }'a -e 9 of, I? ATTACHMENT A: SCHEDULE OF FEES Attachment A contains the price quote issued to Licensee showing the applications and corresponding first year maintenance/support service fees, as well as a schedule of payment terms for these maintenance/support services. Please note that these fees are for one full year. By signing the Attachment A, Licensee is agreeing to this Schedule of Fees. Sook� May 10, 2007 rin r Annual Maintenance Costs for City of Cape Canaveral, FL Total Concurrent Users = Prices valid for 90 days * Springbrook Maintenance is generally prorated to align with your fiscal year. Progress Maintenance Fees are at time of contract signing. First year Progress maintenance will be due with signed contracts and each year thereafter. Licensor software maintenance will be due and payable six months after contract signing with subsequent years' maintenance due each year thereafter. Additional maintenance will be charged on all custom modifications performed and supported by Licensor By my signature below, I confirm that I have read, understand and agree to this Attachment A to the Software Maintenance Agreement, Schedule of Fees: SPEtING)I3ItOO NININ ( Pa -e 10 of' I Signature: Name: Date: SPRINGBROOK NIAIN IT-NANCT AGREEMEINI: F Pne'c I 1 of 11 A.1. ADDITIONAL SERVICE FEES After hours support $ 150/hr Maintenance contract covers support from 7AM to 8 PM Central Time Monday through Thursdays and 7 AM to 7 PM Fridays On Site Installation $ 150/hr Network & Operating System Consulting $ 150/hr (Answering questions and assisting users and/or their consultants with all aspects of hardware, networks, and operating systems - includes installation, set-up, and troubleshooting.) Training (Note: Report Writing is billed at $150/hr) $ 150/hr (The training necessary for the average user has been included with the project total above - additional one-on-one training, if requested, shall be billed at $150/hr. Training is held in the Portland, Oregon Training Center, or on site.) Travel Time (billed one way) (For on site services) Travel Expenses $ 100/hr Billed as Incurred An estimate of travel expenses for initial training and implementation management has been provided within Section A of this document. Telephone training $ 100/hr Weekend/After Hours Training On-site rate $ 200/hr Telephone rate $ 200/hr Support Not Under Maintenance $ 250/hr Examples include but are not limited to: Providing Support on PC-based applications, Non -contracted bank -of -hour support of 3rd Party products that City staff integrates with our data GIS, Imaging etc. (Minimum charge per 30 minute call.) NOTE: Senior Managers/Programmers/CPA's $ 200/hr These are current rates for services and are subject to change within twelve months of executed date of this contract. SF'ftlNC:;1 3001 MAIN I FNANCI: A(r12k;I:::!41F\T PaL'e 12 oI' 12 Springbrook Software Page 1 of 1 Spr'ngbrook S) o f t w a r e Rehriiansbips beyondsoftwore The Springbrook Product Line - Financial Applications Springbrook Software offers its customers (and the local government market in general) a variety Customer Information Systems of products based on several technologies. The technology of each product is designed and Human Resources configured to provide a software solution best suited to each customer (and in turn, to their Web Solutions customers). All of our offerings were built to be year 2000 compliant from the ground up, and have graphic interfaces that have been designed to provide customers that are used to a windows environment with a look and feel that is familiar to them. All of our solutions are based on a true client -server architecture using a relational database and either a thin or fat client. This configuration provides superior data integrity and performance, meaning that these configurations provide you with the ability to automatically roll out incomplete transactions in case of hardware or operating system failure. The database platforms have been certified by their manufacturers to support large database(s), with many millions of records, without any degradation in performance. The client -server architecture provides superior performance, as only the responses to a query or report (instead of the entire contents of a file — as in flat file systems such as in Foxpro, Access, or Cobol based systems) are passed back to the user. Our systems also feature data -server configurations that allow queuing reports to process and print from the server instead of tying up a workstation as in most windows applications. The systems have been implemented and have a proven track record in both thin client environments (using terminal server and/or Citrix) and fat client environments (deployed in both internet and intranet configurations, as well as on a local area network). Some applications are HTML -based and deployed over the Internet. Our software offerings can be deployed on a variety of systems with several databases. A customer can select a Unix or Linux environment, or can deploy over a windows network (NT, Win 2000, or XP servers). We are currently offering our customers a choice of database managers. They can select a Microsoft SOL Server database (known for its easy interconnectivity to Microsoft software products as well as those offered by other vendors), or a Progress Data Base Manager (also offering excellent connectivity as well as overall ease of maintenance and support). Both of these offerings are industry standard with ODBC, JDBC, and SQL connectivity. In summary, the applications offered by Springbrook are state of the art, running in the most up-to- date environments, with unmatched connectivity options, and the highest level of performance. company • products • what's new • partners • industry links • client services center • contact us • home ® Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/products/index.html 5/10/2007 Springbrook Software Page 1 of 1 m -Spr*ngbrook Software Refailonsbitl$ be.yand soft -ware - , r General Ledger - Financial Applications Springbrook's General Ledger serves as a robust, feature -rich foundation for the Springbrook Accounts Payable Software suite of applications. This intuitively designed application provides you the functionality you Application Sarver need for more informative online analysis and financial reporting. The flexibility of Springbrook ACH interfaces General Ledger provides a stable foundation for current operations as well as future growth. Bank Reconciliation Complete integration with the Springbrook suite of applications allow you to consolidate all financial 'ashei ana ;;anentr t as'' ManayernE'n+ & POS activity easily and thoroughly. ixed Assets General Ledger hlventory Project Management Prardiase Orders Work Orders;PDF Fife! Customer Information Systems Human Resources I Web Solutions ' i: • Budget -import-export to Excel • Period budgeting • Recurring and reversing JE's • Data monster - user -defined report builder • View, work, and report in multiple years company • products • what's new • partners • industry links • client services center • contact us • home (7 Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/products/financial_general_ledger.html 5/10/2007 Springbrook Software Financial Applications Accounts Payao!e App:catr.n St::v4?r ACH Ban Roe U; c_t eaT C v POS EIXIai fiS`lr?;;�. nr:f<a c'qt, n c=ry ,Noik,tir.; >r. Customer Information Systems Human Resources Web Solutions roo:k Software Accounts Pavable Page 1 of 1 . 'h. Relrloons}riga: I,c1V tTd software Springbrook's Accounts Payable module is the management piece for vendor payment processing. In addition to vendor payment processing, total integration with all other Springbrook modules allows for a complete analysis and online, real-time budget control. This powerful application can offer a paperless environment and create an efficient and effective solution to all of your Accounts Payable needs • Unlimited Recurring Invoice Entries • Recurring functions for flat amounts or percentage • Add Vendors on the fly • Process payments through checks, vouchers, and/or warrants • Editable 1099 information • Rename and Merge options for vendors • Electronic payments and notification to vendors • User customizable invoice entry screens • Unlimited Vendor History • Unlimited Open Period System • User -defined customizable fields • Capability to produce a single check • Automated encumbrance liquidation • Hold payment at the vendor or invoice level ,1. a C_, �s 54mu ILJ mil al .�.€ W >alrt L4lFiY pOaM!'wvM1 'laXr}'1, Nt#�b% ; � t fYy � cn M is kaµN �' s1Huv 13`,TNy, .roe ern Y� w _ I 3t&i-Wq�imMmreeMWr.: ~...� 7e+a Clove. Ameerd s'59 .b0 •••,,..... lx+ni+emx-�15 9aeo M p xpa» FIU N j FU CZ.. PO IL And .. d=` V. Gi .r,fhyiey,...... (k wn6 `w 4%) :Y, toW., 1 614Afi9 . LIuy. W: fW6, N,. LU 44f') Caylsr� e; Zip code_ t Type Code: • Unlimited Historical Records • QBE (Query by Example) Reporting and look -up • Unlimited Detailed Audit Trail • ODBC compliant • Platform Independent • All Reports can be Previewed on the Screen Archived to PDF, or emailed • Detailed Multi -Level Security System down to the Field Level • All Reports can be modified by the user company • products • what's new • partners • industry links • client services center • contact us • home O Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/products/financial_accts_payable.html 5/10/2007 Springbrook Software Page 1 of 1 , S .L o 4.,dr k Software Rel'r l'onsl.ip; beyond soft -ware r l r Bank Reconciliation - Financial Applications Springbrook's Bank Reconciliation application automatically assists you with balancing your A` c,)ijt't`' Payable General Ledger cash activity and your bank statements. With optional ACH transfers this App?tcation Server process now is automated and complete, AH Interface, p Bank Reconca fatlon 357.E M Wade Moi Sanita16onT ''.3udaet Forecasting g • Reconcile and track multiple banks and bank accounts (,gash Management & POS . True Bank Reconciliation with both check and deposit activity Fixed Assets • Multiple Check clearing methods General ;.edger C Checks Ori r Payroll Inventory ygM, Project managerrrenf Transactia Purchase Orders -10,00 ''W 'Work Girder:,,PO File? �t t i' I � ®� , p,n ® ill ® 511 IS NNS, �t � 1:.1� 1 ®V Customer Information Systems g " Human Resources _ ... ._....m! Web Solutions �" 6 WM2002 357.E M Wade Moi Sanita16onT ";, 9 100'05129)2002 Browse Fitters +' All Types ALL . , .... w� BanklA� Ctrs#ic A 239.80 Caliloania State EmpWnt Devi N C Checks Ori r Payroll 100 05/29/2002 ygM, 2, C Deposits Orly r Acoo(nts PayerClear Transactia ' -10,00 selectiordDeselection Cr erw Dated From; / / Ta _.. ; k too I rom ' �` Tao .040 5e6 d Transaction �" ; lmpat irartsacti+mas Fde Location: Proof uOt N � � '�4 .. 6if7illiic 6 WM2002 357.E M Wade Moi Sanita16onT 7 06/26/2002 560.00 Cahfofnia State Dept of Corse 100'05129)2002 236,80 California State EmphmE Dant 100 05/29/2002 239.80 Caliloania State EmpWnt Devi 100 05129/2002 238.60 California State Emphmt Deva _ 100 05/29/2002 238.80 California State Empimnt Devi 10105129/2002 155.50 Aetna US HeafthcamMIrm • Unlimited Historical Records • Unlimited Detailed Audit Trail • ODBC compliant • Platform Independent • All Reports can be Previewed on the Screen, Archived to PDF, or emailed • Detailed Multi -Level Security System down to the Field Level • All Reports can be modified by the user company • products • what's new • partners • industry links • client services center • contact us • home ® Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/products/financial bank_reconciliation.html 5/10/2007 Springbrook Software - CIS Applications "Springbrook - Financial Applications - Customer Information Systems - Human Resources Flurnan Resources Module ?ayroii - Web Solutions Page 1 of 2 d?elvtiona;bi'p beyond software Payroll Springbrook's comprehensive and robust Payroll module was designed to exceed local governments' most complex payroll requirements. Superior functionality and unrivaled flexibility enable you to define and track positions and handle complex benefit and deduction calculations. • Maintains and tracks comprehensive employee information (including accruals, earning history, deduction history, retirement data, dependent information, user -defined miscellaneous information and more... ) • Easily retrieves employee information and history via versatile search functions • HandleslTracks information for employees working in multiple positions - multiple jobs can be charged to multiple cost centers • Supports union and non-union environments • Saves payroll -processing time by working with system -generated, regular time cards - payroll clerk needs only to edit information for employees with exceptions to their normal payroll • Allows concurrent payroll processing • Allows multi -fund processing • Processes multiple check types (regular, balloon, direct deposit, advance vacation, void, manual,.,) • Supports unlimited user -defined earnings types, hours types, pay codes and benefit/deduction types http://www.sprbrk.com/products/hr_payroll.html 5/10/2007 Springbrook Software - CIS Applications • Allows establishment of multiple accrual types with multiple earning methods • Automatically tracks accrued time earned and spent by each employee • Handles pretax deductions • Accommodates FLSA in overtime calculations • Supports tracking of daily time and attendance • Handles garnishment calculations meeting Federal requirements • Handles expense reimbursement processing • Handles PR encumbrancing Page 2 of 2 • Tightly integrated with Springbrook's General Ledger, Accounts Payable, Automated Clearing House, Bank Reconciliation, Departmental Services, Human Resources and Project Management modules. • Decentralizes electronic timesheet filing through Departmental Services • Allows manual or automatic check reconciliation via Bank Reconciliation • Enables direct deposit of paychecks into EE accounts via Automated Clearing House • Ensures data is secure with administrator -set security at field level • Empowers you to customize standard reports with user -defined sorts and subtotals • Handles state reporting for Unemployment and Retirement • Supports full, system -generated, W2 and 1099R processing and magnetic media • Streamlines budget processing by allowing "what -if" projections ,:�'. I I it I• I I company • products • what's new • partners • industry links • client services center • contact us • home 0 Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/products/hr_payroll.html 5/10/2007 Springbrook Software Page 1 of 1 Spr ,-,," ivy rook Software Lcelair 'wnsbips beyond software e � I - Purchase Orders Financial Applications Springbrook's Purchase Order module is a comprehensive, integrated management tool that Accoants Payable Application Server manages all your purchasing decisions. With features such as: electronic approval of purchase ACH Interfaces orders: on-line, remote purchase order entry; and seamless integration to Springbrook's General �ein BankReconcliation Ledger, Accounts Payable, Inventory, Fixed Assets, Project Management and Work Order Budget Forecasting modules; our Purchase Order application is a key component to your agency's successful Cash Management & POS financial management. Fixed Assets General 'Ledger • True encumbrance accounting 1,lventory • Distribute P.O's b fant Pojec; Management• 'urciiase kr.!ers Automated year-end eolleover process bl,ork Ofders(I` IDF File) • Total integration with Finance, AP, Inventory, Fixed Assets and Project Management • On -Line Purchase Order/Requistion processing with unlimited user -defined business rules Customer Information Systems • Unlimited recurring P.O. templates Human Resources • Blanket PO capabilities Web Solutions • Add vendors on the fly tox } Search For : PO Nwtibec r_ N,, adom V 'Purchav, Md. Info . r PO Nwr.Eer 2W2DO02 T" 7,299 IX KisaalY'e.i2OJ3.._�__._. DeadfreDa7«12t31/2002 1- Lowe GPM R4 U40M. rio-13WOU vo4orNo* CaWaft6l4walwewAssoe ; etrF 1275 K St %930 City: Secramervo Stater Cp,Zy' 959ii 0 X ons 1,150,W 23:1 Engsys Engineer Open 07101/2001 � Vetx6ot No: " Ver4w Nam f` Pn n t . • Unlimited Historical Records • QBE (Query by Example) Reporting and look -up • Unlimited Detailed Audit Trail • ODBC compliant • Platform Independent • All Reports can be Previewed on the Screen, Archived to PDF, or emailed • Detailed Multi -Level Security System down to the Field Level • All Reports can be modified by the user company • products • what's new • partners • industry links • client services center • contact us • home & Springbrook Software, all rights reserved 2007 th http://www.sprbrk.com/products/financial_purchase—orders.html 5/10/2007 Springbrook Software Springb rook Software Fixed Assets �o�ny Rrodicts Financial Applications Accounts Payable Application Server ACI Interfaces Bank F.ecorciiiai,on Budget Forecasting Cash Managerne7i & POS i ixe i Assets General I. eager hwei?toi y Project '.1ai,ager1)er)t C'r c-tse filers Alo!k foers PDD lie Customer Information Systems - Human Resources Web Solutions Page 1 of 1 1?el€rtrvrnbip; beyond software Springbrook's Fixed Assets module is a complete Asset management application, tracking value and depreciation from acquisition through disposal. Designed to meet GASB 34 requirements and powerful enough to meet any local government need, the system is fully integrated with Accounts Payable, Purchase Orders, and General Ledger. • Supports multiple depreciation periods • Allows tracking of asset by multiple fields including location, account, vendor • Customizable units of measurement • User -defined transaction types • Built-in, standardized conversion utility • Accommodates multiple depreciation methods • Bar-code support for tracking company • products • what's new • partners • industry links • client services center • contact us • home 0 Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/products/financial_fixed_assets.html 5/10/2007 Springbrook Software - Licenses & Permits Sp rh�', 'I-, s b rook Software ................. Go"WaLicenses& Permits ny Page 1 of 1 Financial Applications -Customer Information Systems managing Springbrook's Licenses and Permits module is a feature -rich, complete solution for P 9� 9 all `e FOIAX types of government -related licensing and permitting. including Business Licenses, Vehicle Acco:.;r s RE :ei ✓ace 0'" r't""'a Licenses, Animal Licenses, Parking Permits, Alarm Permits, etc. A wide array of licensing - idzi lq , i..!cer,ses r;Nr,.,i,c procedures can be custom -defined and established to fit how our municipality P rants licenses. Y P Y 9 �> Spec al Assesson tnis t4k+P) J:rlaR read PI 'iR8%2D0: N ty B l ;ng • Easily retrieves license/account information and history via versatile search functions Human Resources • Facilitates quick license creation with user -defined defaults for fees, contacts and renewal Web Solutions schedules maintained in user -defined license types. • Minimizes user -error with special "quick entry" process for receipting clerks • Automatically generates license numbers or allows users to define license numbers • Shares lot and customer information with all other Springbrook CIS modules (Utility Billing, Building Permits, Special Assessments, Accounts Receivable) • Incorporates Federal Business Type database indexed by both SIC and NAICS codes • Includes user -defined comment codes for account comments • Allows multiple license -types per license and multiple licenses per account • Provides complete license tracking with activity history and user -defined statuses 'OusisessCW.M K-8) Sum= Types N -T) t fees W—Ft _ `e FOIAX .-______ _ 101R<i)) Liksrta@eN� .... €N Veiv Oucenses i4h+y) PO Limmes t4k+P) J:rlaR read PI 'iR8%2D0: �,a k Liewse Types Wk+VJ rwo�kawajiui35+1 � -' Liawse Cimsea tAk cj I Ew+ .Id. t Gama, cvv,6 vs lAR+C) mewl Lorca Rennvd a�actx+,.L�i«� L+c�u;,z Reiw::rcA, aXi t a­mar�:.. tii.wrlay�paf rtiinucas.""'._ :`...x O e� r, ,oimo sautFkSOMatawoaK�DOW (4 p; Asca,0f}9'JOCd La <b:Yp%11 �£i5ii7FffPWNtlW - - — 4 Go a•akwas(•�-�m.d�"� o.e.rmaa;znaxrc rnaHarsa�+ E ~ Dare 8fa/:G-Fa H..d.'OIS71-W Cuerwu+ ...... __..._ ...:.. I: moprsyd5n�re � nen+H I Brw»sa lea i C«++rsntf ) Uatxrr, j F— X nx 61 r- • • Tracks license application through user -defined approval processes • Automatically generates activity log to track when. how, and by whom each license is modified • Calculates licensing charges based on user -defined fee codes • Eliminates license formatting hassles - allows users to create custom forms for all licensing documents with MS Word mail -merge documents. (Simply type in text and drag data fields with your mouse.) • Allows flexibility of licensing periods with user -defined renewal schedules • Processes renewals individually or by batch • Calculates renewals and estimated license costs using business specific data • Automatically calculates user -defined penalties and interest for overdue charges • Ensures data is secure with administrator -set security at field level • Empowers you to customize standard reports with user -defined sorts and subtotals • Tightly integrated with Springbrook's General Ledger, Accounts Receivable, Central Cash POS, and Project Management modules company • products • what's new r partners - industry links • client services center • contact us • home 9 Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/products/cis_license__permits.html 5/10/2007 Springbrook Software - CIS Applications Page 1 of 1 Spr*nry 6-brook Software I�r�rrtr�raslrrt+ L+eyun�d so fitware M - Human Resources Financial Applications Springbrook's Human Resources module provides you with a comprehensive solution to manage Customer Information Systems all your employee information. Reporting capabilities meet all FMLA and EEOC requirements as well Human Resources as other human resource demands faced by governmental entities today. i W`T1an Resources Module pt7 y'i)i i • Maintains and tracks comprehensive, user -defined applicant and employee information Web Solutions (including promotions, transfers and terminations, pay rates, earning history, benefits history, deduction history, retirement data, review information, dependent information, user -defined miscellaneous information and more... ) in one location. • Easily retrieves applicant/employee information and history via versatile search functions • Allows entry of applicant data all at once or as application -process progresses ` • Processes applications individually or in groups • Uses hierarchy of user -defined requirements (special skills certifications, testing and educational requirements, etc.) to rank applicants • Allows comprehensive monitoring and reporting of status of all job openings as well as all applicant files • Uses applicant records to build employee records after an applicant is hired • Gracefully handles multi-level position and salary structures through user -defined Grades/Steps • Handles automatic mass rate change calculations • Easily rolls current employee information from prior year to new year • Provides flexible and simple ad hoc reporting - create completely custom reports with Query by Example feature • Tightly integrated with Springbrook's General Ledger, Payroll and Project Management modules. • Ensures data is secure with administrator -set security at field level • Streamlines position -budgeting processing by allowing "what -if' projections company • products - what's new • partners • industry links • client services center • contact us • home ® Springbrook Software, all rights reserved 2007 http://wwwv.sprbrk.com/products/hr_resources.htmi 5/10/2007 Springbrook Software rl* ngb rook Software unipany ' ftoducts - Financial Applications Accounts Payable Application Server A'CH lwel4aces bank Reconciiii?ll0i) l!id ¢et t- re `asting manages11,ent . ixefl Asse's neral edgef invent :Y PfeyrzCi Management Work Ordeis(PDF Filet', Customer Information Systems Human Resources Web Solutions Page 1 of 1 &l,?et'v asiaip beywid software Springbrook Central Cashiering/POS module provides secure management and tight operational controls over payment collection and processing. This robust application centralizes all payment collection for maximum productivity and control. Along with full keyboard input and direct interfaces to cash drawers and receipt printers, your front office will truly excel in efficiency. • Truly integrated cash management • POS option for Cash Drawer -Receipt Printers • BAR code and scanning capability • Multiple stations/users • Drill downs on individual lines • Real-time integration with all Springbrook applications • Multiple payment methods for a single receipt • Multiple Receipts per single transaction .. R•cagd-Infwmatiun P+oY'wont intaanation -:. :'. HoccipPFo (10(1088 Gtts•©t/21i;i4�3 Tataid. 69.75 e""" Scanmada GuNcrer lntmaxatien :.:. .. Cash: �6.�.. ....._. i- AWotdatiaai cud Na j5i5OW'I q m F _ ... .. I_I X` fefakaPagMe** Name. PAC 0684 Md w M7 SW Washin w 5uem An»u^a pa MaMyd ss $We 330 - coy penl'and < -. swe On zaa><ode. 97275.. Cris+>ypf: C25 �cc+x JCata�y I...�eae7 j I7) X Um dated too On arcot" 0.*,' • Unlimited Historical Records • QBE (Query by Example) Reporting and look -up • Unlimited Detailed Audit Trail • ODBC compliant • Platform Independent • All Reports can be Previewed on the Screen, Archived to PDF, or emailed • Detailed Multi -Level Security System down to the Field Level • All Reports can be modified by the user company • products • what's new • partners • industry links • client services center • contact us • home ® Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/products/financial_pos.html 5/10/2007 Springbrook Software Page 1 of 2 .t, 1 k Software beyoncd soft -ware About Our Company Testimonials Management Profile Testimonials "It is rare that a software vendor exceeds client expectations and to your credit, Springbrook User Groups is an excellent example of this." Travel Help James Grundman, City of Rohnert Park, California Employment Opportunities $"Springbrook's support has been absolutely wonderful through my whole conversion � "i process." r+ '. Linda Chapman, City of Florence, Kentucky "Our new service pack installation has been completed and this version is greatly appreciated. It has enhanced some of our reports and has provided new and improved features in Springbrook. It is unbelievable how smooth this upgrade went. Way to go Springbrook!" Wendy Rickards and Laura Capra, Paradise Irrigation District, California "Worth your weight in gold." Art Martinez, MIS Director - Oroville Wyandotte Irrigation, CA Past President of the National User Group "A quality product from a quality company." Judith Cole, Finance Director - City of Turner, OR Past President of the National User Group "I just wanted to thank you for developing a software system that makes me look good. Doing budget this year is going so much faster and smoother. I appreciate your employees hard work and your quality product." Bernadette Sorenson -City of Tillamook, OR "I just reported to the Board that Springbrook is the finest software company I have ever worked with. This is because you have been so responsive to our issues." Karen Doyle, Deputy Director -Plainfield Charter Township, MI "I'd like to express my appreciation for your support and great software product/package.... Please give my gratitude to your hard working staff.... What a great team you have! " Fumiko Tamaru, Accountant- City of Gig Harbor, WA "It made the difference between stress and comfort, knowing you folks are there for us." Janet Stahl - Netarts Water District, OR "I am very happy with the ASP .... I enjoy the flexibility of the hours, as I can work evenings and weekends if I need weekdays "off". The connection speed is beyond belief .... Reports that took more than 10 minutes to spool and print, now print in just a minute or two ... in fact many reports work faster than my printer now! It is nice knowing my data is being backed up PROPERLY daily." Heidi Hill-Chehalem Park and Recreation. OR "Whenever I have a problem I call and I get answers, fixes, or whatever it takes to help with my dilemma! I am new at Finance and I feel that you have been a great support to me and the City and I personally would never think of switching anywhere else. " Hope Warren, Finance Director- City of Rogue River, OR "Having gone through five utility billing and accounting packages in 10 years, we are extremely happy with Springbrook Software." David Jones, Finance Director-Kitsap Public Utility District, WA "What a great product Springbrook Software isl With user friendly screens, reporting capabilities, and ease of understanding, the system has endless possibilities. Our auditors were here about a week ago, and they loved it too. I am always happy to recommend the software to any new user. Also I don't want to forget all the wonderful staff of SSI; they are all great people to work with." http://www.sprbrk.com/about/testimonials.html 5/10/2007 Springbrook Software Page 2 of 2 Suresh Prasad, ASO for Finance & Technology - Marina Coast Water District, CA "Jon and I just finished our training with Tyler on UBPayments. Boy, is he greatlll The whole system is just marvelous. He has done a wonderful job and we could tell he really put a lot of effort, time and thought into the whole project... BIG KUDOS from Tustinl" Julie Andert- City of Tustin, CA "Springbrook Software never fails to impress me, both the organization and it's products. I have had the opportunity to work with a variety of accounting software over the last 18 years. The Springbrook Finance Suite is far and away the best I have found. It is logical, flexible, responsive and dependable. All the same qualities apply to the staff." Jerri Moore- City of Winston, OR "With versatile, intelligible reporting and a host of accounting amenities Springbrook has positively redefined the "friendly" in "user-friendly"." Yvonne Fletes, Finance Manager- Rogue Valley Transit District, OR "Thanks again for all your support and for such a terrific product. I am delighted with Springbrook and have given you many positive recommendations from all who call and ask about it." Karen Stein -Town of Moraga, CA �� company • products • what's new • partners • industry links • client services center • contact us • home QD Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/about/testimonials.html 5/10/2007 �"� Hardware Specifications This tj�-it is a sophisticated, feature, c s,r'te rn, With the ability to ,_i c'€"tci..,r tau( 4=.ti'CrTleri4 i:i'c3rhS€£ rs and j p tracking at the clack. !rt addition, ,hei 1,0300 o.(ei extended time trackincCj features such as break and L .ltter?. 14 ofl, r;s a four -line, na kli' I...iM display i h prompts A Magretic Swipe Card .. a 1.e standard :7e€ectir•• for'his 1r€rl:, , A iA. £,:tri �?e Purchased ;with a barcode, ,A lre, prcximi-y. or no c i-ird readerif only i -ec.t Keypad EntK°v is desired, Dimensions & Weight: 8.75" x 8.25" x 1.5", approx. 1.65 lbs. Keypad: 25 keys (1-9, (decimal point), CLEAR, ENTER, MENU, Lunch and Meal/ Break Keys, Department Transfer Keys, Tip/Gratuity Keys. Key "Click". Selectable by user. If enabled, the clock will emit a short beep with each key press. Battery Back Up: on -board battery supplies 20 days backup and -100 years for stored data. Stored data uses nonvolatile memory. Display: 3" x 1" LCD capable of displaying 4 lines of 20 characters each. Clock can display date in either US (MM/DD/YY) or Euro (DD/MM/YY) format. Data Entry Options: Magnetic Card Swipe, Bar Code Swipe, Bar Code Wand, Direct entry of data via the built-in keypad. Bar Code Specifications: Print bar codes at 28 pts. (height of character) Use ONLY code 39, not code 39 full ASCII. Note: Can use either a barcode slot reader (will read cards 'swiped' through the reader slot in the clock), or a barcode wand. Qqest Proximity Card Reader: Proximity is a generic term used to describe cards which can be read when they are in the 'proximity' of the reading device, rather than having to be in direct contact with the reader (such as Magstripe and Bar Code cards). The IQ300 Qqest readers typically have about a 2-3" read range. HID Proximity Card Reader: HID 26 bit and 37 bit formats supported Baud Rate: 9600 or 38400 BAUD Communication Options: Direct serial, modem, ethernet, daisy (for daisy chained units) Serial: The cable must not exceed 200 feet in length. Any cable over 20 ft. in length must be shielded. The connector to the computer is a standard DB -9 female serial connector; the end going to the clock must be RJ -12 (6 pin). The physical path of the cable must be as free as possible of electromagnetic interference (EMI) or radio frequency interference. Avoid running cable over or near fluorescent lighting, electric motors, or UTP network cable bundles. Modem: 33,600 BAUD modem, MNP5 Error correction, standard Hayes command set. Modem use requires an analog phone line. Ethernet: 10/100 Autoswitch Ethernet connection. IP address and Subnet mask can be set by the user to any value. Standard 10/100 Base T (RJ -45) connector, activity and connection lights. Storage Capacity: 4096 entries. Supports automatic polling of clock data. optional Accessories Extreme Weather Operation Chip• ai:c,ws tt� cloak tofkjnc'1ion reliably ir; tcrrr>r,r<<tE.rE-> 40 Citi?"£.',e5 r. {optional Hell/Buzzer Relay: This optian skill ..able ;ire clock to :.era a i.gnai to. rir:c. bell c t;::zzer =uc;lt as a bell ttx meat Up y 32 rela,, e.an s rT:ay be pinograrTt-y ecl. Security Door Strike Switch: `y -,,ei z cNs eptscm s enablleo. The clo> A t°. =i close: a sv itch c;Irta;'I t'iat Car. be L7tiEHd °L`; ,^,'?r', door egUipiiocl r, itt an elec.to cls,, r trike, i s omlor' is rte;.11;.ia l", eX ;;.,sive- the bef.'buzzer _evenis: oriy ;.>r xray 'r. e ^tec at a ti, e, Vehic:re Poyser Sr.tpply: Modei PJ9OV2t34-) cw Cif. 'biptor, 111�_Sl SO eta c -S.vter. s; Inc. 7,9 %e 85 01, 7 ,3,rc t. 1 st c i"(i t Fax � �s ) o' -d ,f �,7., est F Company History In 1984, the City of Newberg, Oregon purchased an IBM System 23 and contracted with a local developer to create a�Utility Billing application. A new sewer treatment plant, and the resulting changes to Newberg's rates and billing processes, made the new billing system a requirement in order for the City to produce new billings. The new plant came on line, but the new UB system did not. Rick Rementeria, Sr. who was serving on the Newberg City Council at the time and was a programmer by profession, agreed to create a new system, and produced Newberg's first bills in just two weeks. The City was pleased with the system's performance and contracted with Rick for a new financial system. Springbrook Software was officially incorporated on September 1, 1986, and over the next five years grew by selling and servicing the software and related hardware systems throughout Oregon. The system was distributed in the DOS, Unix, and AIX environments. In 1990, IBM asked Springbrook to become an agent and market their hardware and solutions along with Springbrook's software and that of IBM's other business partners (many of whom are competitors today) to local government agencies in Oregon and Washington. This proved to be an excellent opportunity for Springbrook because the passage of ballot measure 5, a property tax relief measure, drastically decreased the amount of funds available to local government organizations (and consequently for software purchases) throughout the state of Oregon. For the next six years, the majority of Springbrook's sales were from the IBM relationship. Marily Rementeria, in addition to being one of IBM's top agents, managed Springbrook's two other agent territories. With the year 2000 on the horizon, Springbrook recognized that its applications were not robust enough to sell to larger clients; the applications were not written for the Windows environment and were not year 2000 compliant. It was clear that a new product was needed. In 1995, the company started the search for a new development environment, selected the fourth generation language from Progress Software, and proceeded to develop Version 4, a Windows 3.1 -compliant product, which was released to the market in July of 1997. Springbrook stopped sales of its applications for one year during this development period. This development environment would allow the applications to run in Windows and/or Unix and allowed for any number of databases (Oracle, SQL, Informix, etc.). As this new product was more complex and more expensive, the shift from selling to small, single - user clients to selling to larger clients began. After the conversion of Springbrook's existing client base to the new product was complete, Springbrook began selling its products throughout the country. The company wanted to focus its resources in areas with large population densities because most new business is a result of referrals. After September 11, 2001, Springbrook's six managing partners decided that it would be advantageous for the company to have a reseller in the East while Springbrook continued to sell in the West where the company enjoyed a strong reference base. Concentrating on the West Coast would give the company the security of having sales and training staff located close to clients. During the winter of 2003, Springbrook was approached by ACS, one of the largest local government software providers in the nation and a Fortune 500 company, to become the software provider to their local government sector. Beginning in 2004, ACS assumed sales management in states east of Colorado and is actively marketing and selling the Springbrook software suite in this region today. Springbrook is the sole local government software provider, for new sales and upgrades of current clients, to ACS. The relationship with ACS has given Springbrook the ability to refocus energies on the Western states of Washington, Oregon, California, Arizona, Nevada, Utah and Idaho. With this arrangement, Springbrook is able to address training, support and development requests quickly and efficiently. The company is now developing the seventh version of its products, an N -tier product with one of the most comprehensive suites of applications available in this market space. Springbrook began as Rick Rementeria, Sr. helped the City of Newberg through their utility billing problem; 22 years later, the company serves over 300 clients in 30 states and is positioning itself to become the dominant local government software vendor in its market. Products ■ Accounts Payable ✓ ■ Application Server ■ Accounts Receivable ■ Backflow Interface ■ Bank Reconciliation ■ Budget Forecasting ■ Building Permits ■ Cash Management & POS ■ Code & Contact Management ■ Fixed Assets ✓ ■ General Ledger ■ GIS Interface ■ Human Resources ■ Inventory Control ■ Licenses & Miscellaneous Permits ■ Meter Reading Interface ■ Online Requisitions f ■ Parking Tickets ■ Payroll ■ Project Management ■ Purchase Orders % 0 Springbrook offers Internet customer self-service functions as well as new hand-held applications. Springbrook continually updates its products and is now in the seventh major version. Clients' investments are protected by the company's dedication to technology. Support Support Philosophy Springbrook employs a staff of 80, including a large number of former local government employees who provide unique insight into the issues and business decisions facing local government entities. Springbrook's staff, with a combined total of over 150 years of local government experience, gives the company a distinct advantage in achieving its client service goals. Because Springbrook knows strong client satisfaction is born from excellent client service, the company continually strives to provide its clients with the best training and support possible. Springbrook believes by offering live, person-to-person support and training, clients are able to use each application as efficiently as possible, as quickly as possible. Springbrook be so strongly in client support that it has dedicated a staff member full-time to the position of Customer Care Representative. This position acts as a liaison with all Springbrook clients to ensure that their needs are being met and the applications are meeting or exceeding expectations. The Customer Care Representative assists clients in resolving issues and concerns which fall outside the normal day-to-day support calls by proactively contacting clients to make sure they are satisfied with Springbrook's products and services. In addition to the Customer Care Representative position, Springbrook has a comprehensive support program that ensures day-to-day issues are resolved in an efficient manner. Support Objectives ■ The primary goals of Springbrook's support team are to: ■ Help clients troubleshoot problems experienced while working with the Springbrook applications • Answer questions regarding how the Springbrook applications work Contacting Support Springbrook has created a powerful web -based, client -only service center that enables clients to obtain the support they need, when they need it. The web -based option is available directly from the main Springbrook menu. �ti J�t1uJJJ J'Ji /1 , j r -'11J., rA .. ® ru-ni rffnos Clients are able to access online support assistance by selecting the globe icon directly from the main toolbar. When the icon is selected, an Internet connection is established and clients are taken to Springbrook's website. From the Springbrook website, clients may enter a support issue, view the status of open work orders and find similar work orders from other clients. If a service pack has already been created for the issue, clients may also download the service pack via the Internet. In addition to the web -based support option, Springbrook offers a toll-free telephone number, 866-777-0069, and an email address, Li s�.�� eau' €ithat are solely dedicated to support inquiries. Whether clients choose to use the Internet, telephone or email, the request for assistance comes directly to Springbrook's Portland headquarters where it is immediately logged into a system that tracks every call. Live Meeting Training Sessions In October, Springbrook announced the arrival of the Internet Training Events Calendar located in the Client Services Center of the website. On this calendar, clients will find a complete listing of the upcoming training events that will be conducted over the web for the next three months. Clients will now be able to participate in a fully interactive training event directly from their workstations or laptop computers; a high-speed Internet connection and headphones or speakers are all that are required for participation. Each Internet training event will be conducted using Microsoft Live Meeting; pre -registration is not required. Attending a training event is easy; clients simply need to copy and paste the web address located in the calendar event they are interested in attending into their web browser and they will be taken to the Live Meeting login page. Once there, clients will enter the appropriate information such as the Meeting ID number, name and email address and then click "Join Meeting." Springbrook knows that training dollars are constantly being trimmed from budgets while demands on staff are increasing. Utilizing Microsoft Live Meeting will allow Springbrook to offer the same high-quality training experience clients have come to expect in a new interactive forum delivered in cost-effective manner over the web. The cost for the training sessions varies from $29.95 - $79.95, the calendar event for each training session will list the price for the session along with other important details. The Client Services Center of the Springbrook website, t %.�, �ta, E ,: ice, ,. has a complete listing of upcoming training events. Once clients access the calendar, they may click on the arrow (located next to the event listing on the right hand side of the page) to view details of the event. New class suggestions are always welcome and can be submitted to the email address listed below. CPE Accreditation Springbrook is a registered Continuing Professional Education (CPE) sponsor with the National Association of State Boards of Accountancy (NASBA). Springbrook clients who are CPAs are able to gain CPE credits while attending Springbrook group -live training sessions including new utility billing manager/finance director training, financial reporting classes and select Client Conference classes. As a registered CPE sponsor, Springbrook makes it convenient for its CPA clients to attain more knowledge about the software while also contributing to their license requirements. Upgrades Regular upgrades to the software can provide clients with increased functionality and a more efficient application.. Clients with maintenance agreements receive free upgrades for the product(s) licensed to them. Springbrook does charge, however, training and implementation management services to migrate to a new release; the cost for these services depends on the amount of additional features that have been added to that particular release. Each year, Springbrook accumulates enhancement requests from the client base and distributes those enhancements in an upgrade made available annually. Springbrook's quality assurance department works diligently to create service packs which contain fixes and enhancements for the applications (including enhancements needed to meet state and/or federal reporting requirements). Clients request service packs directly from the Springbrook application; typically one service pack per month is released on approximately the 15"'. Once the service pack is requested, clients will receive an email notification informing them that their request was received and is being reviewed by Springbrook's quality assurance technicians. The quality assurance technicians review all service pack requests to ensure the service packs will not interfere with any custom programming the client may have. Custom programming will undergo thorough testing prior to installation at the client's site. Springbrook has a dedicated quality assurance department which works diligently to ensure each file added to the system is of the best quality and will provide the desired results once installed. This same practice is adhered to for each release of new files for enhancements and upgrades. In the case of upgrades, beta sites are used from Springbrook's client base on a volunteer basis. These beta sites run through standard daily and monthly processes on the updated files before upgrades are released. Client Conference Springbrook holds a Client Conference every year; the conference provides an excellent opportunity for clients to learn more about the software, network with fellow users and meet the Springbrook staff. The ?007 Springbrook Software Client Conference will be held May 9 - 11 at the Benson Hotel located in downtown Portland. The classes offered at the conference come directly from the suggestions of Springbrook users. Evaluations from previous conferences are used to plan subsequent conferences, making the conference a truly user -centered event. Regional User Groups In addition to the annual conference, there are numerous regional user groups established in several states; these groups are run by users and supported by Springbrook. The regional user groups provide Springbrook users a great opportunity to network and discuss business practices with their peers. If possible, Springbrook sends one representative to each regional user group meeting to present new products and services and to discuss issues relevant to the group. Documentation Springbrook provides comprehensive documentation for both the finance and utility billing applications. These easy to follow user guides are located at the Client Services Center of the Springbrook website,ir�Tb, Newsletters Springbrook publishes a monthly newsletter which is sent toclients via email and is also posted on the Springbrook website. The newsletter contains information about new releases, enhancements to existing modules, upcoming events and general company information. Springbrook clients are encouraged to give their input on how to make the newsletter as beneficial as possible. AGENDA REPORT SUBJECT: CONSIDER AWARD OF CONTRACT TO DATE: April 2, 2007 SPRINGBROOK SOFTWARE IN THE AMOUNT OF $328,438 FOR A FINANCIAL SOFTWARE SECTION: AGREEMENTS SUITE ITEM NO.: CONSIDER APPROVAL OF AGREEMENT NO. 07-30 WITH SPRINGBROOK SOFTWARE FILE I.D.: CONSIDER AUTHORIZATION OF A $15,000 DEPT.: ADMIN. SVCS. CONTINGENCY FOR UNFORESEEN CONVERSION AND IMPLEMENTATION COSTS CONSIDER AUTHORIZATION OF A $37,600 APPROPRIATION FROM THE SEWER MAINTENANCE FUND FOR ITS SHARE OF THE UTILITY BILLING MODULE BUSINESS PLAN: N/A REASON FOR CONSIDERATION: Pursuant to the City of Montclair's Purchasing Manual, professional service contracts shall be presented to the City Council and executed by the Mayor. BACKGROUND: Functions of the Finance Division are reliant upon and supported by a variety of software application systems. These functional areas include Finance, Budgeting, Payroll, Fixed Assets, Business Licensing, Accounts Receivable/Payable, Cash Management/Point-of-Sale, and Utility Billing. Since 1986, various software applications/ systems have been acquired to support Finance Division programs. As a result of this piecemeal approach, many of the City's Finance software systems lack seamless integration, growth potential, and functionality. For example, the existing payroll system, purchased from Infocomp Systems, Inc., in 1986, is a basic application that is outdated and requires ongoing/routine maintenance and manual calculations entries for most of the current demands required for finance -related municipal operations. Ongoing operation of the payroll system requires the dedication of a separate, classic HP 3000 server. The utility billing program is a stand-alone application lacking seamless integration and functionality. Operation of the utility billing program requires offsite hosting by a third - party vendor, with restricted local control. Other nonintegrated systems include Point -of - Sale and Business Licensing. Finally, the City lacks a Human Resources module to complete its suite of Finance -related software. Prepared by: Reviewed and Approved by: Proofed by: Presented by: Combined, these weaknesses in the City's suite of Finance -related software systems inhibit staff's ability to effectively and efficiently perform duties and responsibilities without added layers of work, system checks, duplication, and maintenance contracts. Achievement levels could only be improved by the acquisition of a comprehensive, fully integrated suite of Finance -related software applications. Accordingly, on October 19, 2006, the Administrative Services Department released a Request for Proposals (RFP). Vendors were advised that functionality requirements in their proposals should include the following: • Budgeting and Forecasting • Purchase Orders (including online requisitions) • Payroll • Human Resources • Project/Grant Management • Fixed Assets • Accounts Receivable • Central Cash Management and Point -of -Sale • Utility Billing Suite (including direct debit) • Business Licensing • Web -based Utility Billing • Document Attachment and Cataloging On Thursday, November 13, 2006, the City Clerk received and opened four bid proposals for the new financial software suite. The bid results are as follows: Software Provider Bid Amount Annual Maintenance Total Tyler Technology - INCODE $237,494 $38,280 $275,774 Springbrook Software $284,150 $35,888 $320,038 Sungard - Pentamation $451,864 $53,1 72, 1 st year free $451,864 Harris Computer Sys. - GEMS $502,466 $45,155 $547,621 Staff reviewed each of the bids for compliance with bid requirements and completeness. Staff also checked client references provided by each bid. The following criteria was used during the software selection process: • FULLY INTEGRATED SYSTEM: The system must bring total integration to all aspects of finance operations and human resource functions. • FUNCTIONALITY: The system should be well-designed, easy to use, and able to handle current and future demands on Finance and Human Resources Divisions. • PRICE: The system should be reasonably priced and reduce current annual software maintenance costs. MAINTAINABILITY: The system should be easily maintainable by the Information Technology Division. SUPPORT: The company selected must provide a high level of technical support that is conducive to the City's hours of operation. GROWTH POTENTIAL: The system should be dynamic and able to meet the changing financial/human resource needs of the City. Tyler Technology's INCODE Division was the apparent lowest bidder for the financial software suite. INCODE has been in business for 25 years and has over 200 employees. Tyler Technology, a Texas-based company, is a leading provider of integrated, end-to-end information management solutions and its INCODE Division serves only local governments. When staff reviewed INCODE's bid request in detail, it appeared that INCODE was not fully integrated and required workarounds, customization, and lacked integration between two main modules—accounts receivable and accounts payable. INCODE's comments related to their product was that future upgrades would incorporate the full integration aspect with all modules. In the bid proposal, INCODE states it requires a support product comprised of a COBOL system software from AcuCorp. AcuCorp's Accu4GL is required within INCODE's MS SQL server database environment. INCODE also requires AcuCorp's AcuServer Distributed Data Server Software for data packet management in a network environment. The Finance Division is moving away from COBOL language, which currently resides in the City's payroll and fixed assets systems. When staff contacted INCODE's California client reference list provided in the bid package, the references raised some serious questions about INCODE's product and technical support. One current California client was very unhappy with INCODE's product and technical support. Other areas of concern that surfaced during reference checks involved INCODE's purchase order and payroll systems. These systems require customization for the California market. Furthermore, there was consensus among responders that the purchase order system was difficult to use. INCODE's technical support is available from 7:00 a.m. to 7:00 p.m. Central Standard Time. Based on the criteria for software selection noted above and the information from review of bid proposals, staff recommends rejection of the INCODE bid and recommends Springbrook Software be awarded the contract as the lowest responsible, responsive bidder. Springbrook Software, an Oregon -based company, specializes in municipality and special district clients exclusively and has an out -of -package, 100 percent Microsoft Windows - orientated, fully integrated software package that has been time tested for over twenty years. Since its founding, Springbrook has focused on providing comprehensive, fully integrated systems with an emphasis on flexibility and functionality. By supplying local governments with applications designed to provide real, timely solutions, accompanied by a dedication to technology advancement, Springbrook Software prides itself in providing software that is at the forefront of technology. Springbrook Software understands that installation of software is only the beginning of a client relationship. The company provides exceptional client services, which include offering live, person-to-person support and training. Furthermore, technical support is available from 5:00 a.m. to 6:00 p.m. Pacific Standard Time, Monday through Thursday, and from 5:00 a.m. to 5:00 p.m. on Fridays. When staff contacted the California client reference list Springbrook Software provided in the bid proposal, all the references had glowing reviews concerning Springbrook's product, technical support, and the implementation and conversion process. Respondents had mentioned that Springbrook Software commonly comes in under budget and provides a high level of technical support. When discussing software with our independent auditors, Lance, Soll & Lunghard, they had mentioned that among their clients Springbrook Software seems to be a favorite of midsized cities. Because each implementation moves at different speeds and has different needs, prior to software installation Springbrook Software performs a Business Process Study (BPS). The BPS is a thorough review of the City's business practices and the way the City wishes to perform those practices after going live with the Springbrook applications. In early March 2007, Springbrook performed the BPS. Prior to this process, staff requested Springbrook to include the web -based Utility Billing payments module. This amounted to an additional $8,400, including annual maintenance of $800. Agreement No. 07-30 with Springbrook Software is expected to cost $328,438—software cost of $291,750, plus $36,688 in annual maintenance costs. An additional 5 percent contingency of $15,000 is requested for any unforeseen conversion and implementation costs. Since the Sewer Maintenance Fund will be benefiting from the new finance software, staff has identified the Sewer Maintenance Fund's cost to be $38,200—software cost of $35,600 plus $2,600 in annual maintenance costs. Agreement No. 07-30 stipulates that the first-year maintenance fee of $36,688 will be due three months after contract signing, or July 2007. The cost for first-year maintenance will be included in the Fiscal Year 2007-08 Budget. FISCAL IMPACT: Agreement No. 07-30 with Springbrook Software will cost $306,750 including $15,000 for unforeseen conversion and implementation costs. Of this total, the General Fund's cost is $269,1 50—software costs of $256,1 50 and a contingency of $13,000; the Sewer Maintenance Fund's cost is $37,600—software costs of $35,600 and a contingency of $2,000. Sufficient funds have been appropriated in the Fiscal Year 2006-07 Adopted Budget for the General Fund's cost of $269,1 50. An appropriation of $37,600 will be necessary from the Sewer Maintenance Fund to fund Agreement No. 07-30. RECOMMENDATION: Staff recommends the City Council take the following actions: 1. Award a contract to Springbrook Software in the amount of $328,438 for a financial software suite. 2. Approve Agreement No. 07-30 with Springbrook Software. 3. Authorize a $15,000 contingency for unforeseen conversion and implementation costs. 4. Authorize a $37,600 appropriation from the Sewer Maintenance Fund for its share of the Utility billing module. S. Acceptance of Sidewalk Easement Offered By the Ontario - Montclair School District The City Council accepted an additional sidewalk right-of-way easement on Kingsley Street in front of Kingsley Elementary School that was dedicated to the City by the Ontario - Montclair School District Board of Trustees at its public hearing on March 15, 2007, for continued public access and maintenance. 6. Authorization to Purchase Two Toyota Highlander Hybrid Vehicles, One From Longo Toyota and One From John Elway's Crown Toyota The City Council authorized the purchase of one 2007 Toyota Highlander hybrid sport utility vehicle from each of the two lowest responsible, responsive bidders, Longo Toyota and John Elway's Crown Toyota. 7. Authorizing the Use of Supplemental Law Enforce- ment Services Funds to Purchase 5 Handheld Radios and 11 Gasmasks The City Council authorized the use of residual Supplemental Law Enforcement Services funds to purchase 5 handheld radios for infield patrol use and 1 1 gasmasks for use by the Mobile Field Force team. 8. Approval of City Warrant Register and Payroll Documentation The City Council approved the City Warrant Register dated April 2, 2007, totaling $1,362,672.93, and the Payroll Documentation dated February4, 2007, amounting to $559,337.25, with $394,092.48 being the total cash disbursement. C. Agreements 1. Award of Contract to Springbrook Software in the Amount of $328,438 for a Financial Software Suite Approval of Agreement No. 07-30 With Springbrook Software Authorization of a $15,000 Contingency for Unforeseen Conversion and Implementation Costs Authorization of a $37,600 Appropriation From the Sewer Maintenance Fund for Its Share of the Utility Billing Module Joint City Council/Redevelopment Agency Board/Montclair Housing Corporation Board Minutes - April 2, 2007 Page 5 of 1 1 The City Council took the following actions related to the purchase of a financial software suite for use in the Finance Division: (a) Awarded a contract to Springbrook Software in the amount of $328,438. (b) Approved Agreement No. 07-30 with Springbrook Soft- ware. (c) Authorized a $15,000 contingency for unforeseen conversion and implementation costs. (d) Authorized a $37,600 appropriation from the Sewer Maintenance Fund for its share of the utility billing module. 2. Approval of Agreement No. 07-32 With Carl Warren & Co. for Liability Claims Administration Services The City Council approved Agreement No. 07-32 with Carl Warren & Co. for liability claims administration services. 3. Approval of Agreement No. 07-33 With Chaffey joint Union High School District for Law Enforcement Services for Fiscal Year 2007-08 The City Council approved Agreement No. 07-33 with Chaffey Joint Union High School District related to the City's provision of a Safe School Zone Officer at Montclair High School during Fiscal Year 2007-08. 4. Approval of Agreement No. 07-34 Amending Agreement No. 98-73 With All City Management Services, Inc., for School Crossing Guard Services The City Council approved Agreement No. 07-34 amending Agreement No. 98-73 with All City Management Services, Inc., to provide for a 6 percent hourly pay rate increase for school crossing guards during Fiscal Year 2007-08. S. Approval of Agreement No. 07-35 With the City of Ontario for Design, Construction, and Construction Management of a Project to Rehabilitate Benson Avenue Between Orchard Street and Holt Boulevard The City Council approved Agreement No. 07-35 with the City of Ontario for design, construction, and construction manage- ment of a project to rehabilitate Benson Avenue between Orchard Street and Holt Boulevard. Joint City Council/Redevelopment Agency Board/Montclair Housing Corporation Board Minutes - April 2, 2007 Page 6 of 1 1 Springbrook Software Page 1 of 2 ----Spr*ngbrook Software ((- (��_ -, 1 1?cfirtrory4rrtr. bryuzedsuft°war-e About Our Company Testimonials Management Profile - Testimonials "It is rare that a software vendor exceeds client expectations and to your credit, Springbrook User Groups is an excellent example of this." Travel Help James Grundman, City of Rohnert Park, California Employment Opportunities Products "Springbrook's support has been absolutely wonderful through my whole conversion R` process." Linda Chapman, City of Florence, Kentucky "Our new service pack installation has been completed and this version is greatly appreciated. it has enhanced some of our reports and has provided new and improved features in Springbrook. It is unbelievable how smooth this upgrade went. Way to go Springbrook!" Wendy Rickards and Laura Capra, Paradise Irrigation District, California "Worth your weight in gold." Art Martinez, MIS Director - Oroville Wyandotte Irrigation, CA Past President of the National User Group "A quality product from a quality company." Judith Cole, Finance Director - City of Turner, OR Past President of the National User Group "I just wanted to thank you for developing a software system that makes me look good. Doing budget this year is going so much faster and smoother. I appreciate your employees hard work and your quality product." Bernadette Sorenson -City of Tillamook, OR "I just reported to the Board that Springbrook is the finest software company I have ever worked with. This is because you have been so responsive to our issues." Karen Doyle, Deputy Director -Plainfield Charter Township, MI "I'd like to express my appreciation for your support and great software product/package.... Please give my gratitude to your hard working staff.... What a great team you have! " Fumiko Tamaru, Accountant- City of Gig Harbor, WA "It made the difference between stress and comfort, knowing you folks are there for us." Janet Stahl - Netarts Water District. OR "I am very happy with the ASP .... I enjoy the flexibility of the hours, as I can work evenings and weekends if I need weekdays "off". The connection speed is beyond belief .... Reports that took more than 10 minutes to spool and print, now print in just a minute or two ... in fact many reports work faster than my printer now! It is nice knowing my data is being backed up PROPERLY daily." Heidi Hill-Chehalem Park and Recreation, OR "Whenever I have a problem I call and I get answers, fixes, or whatever it takes to help with my dilemma! I am new at Finance and I feel that you have been a great support to me and the City and I personally would never think of switching anywhere else. " Hope Warren, Finance Director- City of Rogue River, OR "Having gone through five utility billing and accounting packages in 10 years, we are extremely happy with Springbrook Software." David Jones, Finance Director-Kitsap Public Utility District, WA "What a great product Springbrook Software isl With user friendly screens, reporting capabilities, and ease of understanding, the system has endless possibilities. Our auditors were here about a week ago, and they loved it too. 1 am always happy to recommend the software to any new user. Also I don't want to forget all the wonderful staff of SSI; they are all great people to work with." http://www.sprbrk.com/about/testimonials.html 5/10/2007 Springbrook Software Page 2 of 2 Suresh Prasad, ASO for Finance & Technology - Marina Coast Water District, CA "Jon and I just finished our training with Tyler on UBPayments. Boy, is he great!!! The whole system is just marvelous. He has done a wonderful job and we could tell he really put a lot of effort, time and thought into the whole project ... BIG KUDOS from Tustin!" Julie Andert- City of Tustin, CA "Springbrook Software never fails to impress me, both the organization and it's products. I have had the opportunity to work with a variety of accounting software over the last 18 years. The Springbrook Finance Suite is far and away the best I have found. It is logical, flexible, responsive and dependable. All the same qualities apply to the staff." Jerri Moore- City of Winston, OR "With versatile, intelligible reporting and a host of accounting amenities Springbrook has positively redefined the "friendly" in "user-friendly"." Yvonne Fletes, Finance Manager- Rogue Valley Transit District, OR "Thanks again for all your support and for such a terrific product. I am delighted with Springbrook and have given you many positive recommendations from all who call and ask about it." Karen Stein -Town of Moraga, CA company • products • what's new • partners • industry links • client services center • contact us • home ® Springbrook Software, all rights reserved 2007 http://www.sprbrk.com/about/testimonials.html 5/10/2007 Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Consideration Item 6 No. a new 12" PVC force main, with the required fittings and appurtenances. The force main will run 4,050 feet AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AWARD BID NO. 07-01, CONSTRUCTION OF WASTEWATER LIFT STATION #1 FORCE MAIN REPLACEMENT, TO THE LOW BIDDER, EXPERTECH NETWORK INSTALLATION, INC., IN THE AMOUNT OF $644,168.95 DEPT/DIVISION: PUBLIC WORKS/WASTEWATER Requested Action: City Council consider the award of Bid No. 07-01, construction of wastewater lift station #1 force main replacement, to the low bidder, Expertech Network Installation, Inc., in the amount of $644,168.95, as recommended by the acting public works director. Summary Explanation & Background: Scope of Project: The bid includes the furnishing of the labor, material and equipment for the construction of a new 12" PVC force main, with the required fittings and appurtenances. The force main will run 4,050 feet from Thurm Blvd. to the intersection of Washington Avenue and Magnolia Avenue. The low bid of $644,168.95 is well within the $800,000 budgeted for this project. I support the acting public works director's recommendation. Exhibits Attached: Acting public works director's memo; bid documents City Mana Office--- Department PUBLIC WORKS/WASTEWATER ca t\kim ydocu s\admin\conn eeting\2007\05-15-07\07-Ol.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Walter Bandish Acting Public Works Director DATE: May 9, 2007 SUBJECT: City Council Agenda Item for May 15, 2007 Bid award 07-01 Lift Station 1 Force Main Replacement On March 5`h 2007 the City of Cape Canaveral advertised for Bid the replacement of Lift Station #1 Force Main. A Pre -Bid meeting was held at the Public Works Facility on March 21" 2007. Bid opening was held at City Hall Annex at 2:15. Attached are the bids results from (5) Bidders. The low bidder was Expertech Network Installation Inc., in the amount of $644,168.95. Funds have been budgeted within the Sewer Enterprise Fund. Brown and Caldwell reviewed the bid documentation. Staff conducted a reference check of Expertech. The qualifications of the low bidder, Expertech were found to be acceptable. Recommend awarding Bid 07-01 to Expertech Network Installation Inc., in the amount of $644,168.95. Attachment CC: File CITY OF CAPE CANAVERAL, FLORIDA REQUEST FOR BID NO. 07 - 01 TITLE: Construction Of Wastewater - Force Main Replacement DATE: April 4, 2007 TIME: 2:15 P.M. PLACE: City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920 Staff Present: Ed Gardulski, Public Works Director Ed Lawson, Administrative Assistant, Public Works Susan Stills, CMC, City Clerk PROPOSALS RECEIVED: COMPANY CITY & STATE BID AMOUNT Alliance Steel Construction Superior, W I $881,700. Expertech Network Installation, Inc. Boca Raton, FL $644,168.95 Gibbs & Register, Inc. Winter Garden, FL $880,000. Masci Corporataion Port Orange, FL $707,712. Maxwell Contracting Cocoa, FL $837,000. CITY OF CAPE CANAVERAL, FLORIDA REQUEST FOR BID NO. 07-01 CONSTRUCTION OF WASTEWATER Force Main Replacement NOTICE IS HEREBY GIVEN: That sealed bids will be received by the City Clerk, City of Cape Canaveral at 105 Polk Avenue, Cape Canaveral, Florida 32920 until 2:00 P.M., Wednesday, April 4, 2007. Any bids received after the above time will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bids must be enclosed, sealed and marked on the outside of the envelope "Sealed Bid — No. 07-01, Construction of Wastewater Lift Station 1 Force Main Replacement" and mailed or hand delivered to the City Clerk's office. BID OPENING will begin promptly at 2:15 P.M., April 4th 2007 in the Cape Canaveral City Hall Annex at 111 Polk Avenue, Cape Canaveral, Florida, at which time all bids received will be publicly opened and read aloud. PRE-BID MEETING: A Pre -Bid meeting will be held Wednesday, March 21, 2007 at 10:00 A.M. in the City Hall Annex, 111 Polk Avenue. Meeting is not mandatory for Bidders. BIDDING DOCUMENTS, SPECIFICATIONS AND PLANS: May be obtained at the City of Cape Canaveral, City Clerk's Office, 105 Polk Avenue, Cape Canaveral, FL 32920. A payment in cash or check payable to the City of Cape Canaveral will be required for each complete set of the Bidding Documents. Bid documents are available for the amount of $25,00 per set and the cost is non-refundable. Inquires concerning this proposal should be directed to Walter Bandish, Assistant Public Works Director at (321) 868-1240. SCOPE OF WORK: The work includes furnishing of the labor, material and equipment for the construction of a new 12" PVC force main, including the required fittings and appurtenances. The force main will run approximately 4,050 ft from an existing force main on Thurm Blvd to Lift Station No. 1 located at the intersection of Washington and Magnolia Ave. Construction of the force main will require a directional drilled crossing and Jack and bore crossing of US Highway AIA. The bid award will subject to funding and the bid unit price amounts. The City will make an award as defined in the City's Code of Ordinances, Sections 2-218. Procedure. Susan Stills, CMC, City Clerk 9 8 7 6 A 4 3 2 INDEX OF DRAWINGS $Hr. Na ME W COVER SHEET i SITE LOCATION MAP C.2 DRAWING INDE)(AND GENERAL NOTES Fµ1 STATION 0400 TO STAION SMO Fµ2 STATION 5+00 TO STATION 9400 Fµ3 STATION 9400 TO STATION 14+00 Fµ4 STATION 14-M TO STATION 20-00 Eµ6 STATION 20+00 TO STATION 29-0 STATION 26 -WTO STATION 32-0 Fµ7 STATION 32-0 TO STATION 37-0 FµA STATION 37 -WTO STATION 40+4236 SD -1 DETAILS 1 SD -2 DETAILS 2 SD -3 DETAILS 3 SD -4 DETAILS LONG POINT RD 4m COLLSOM OR SUBFATTED: DATE APPROVED- DATE: www uoew�ewai APPROVED: DATE F �C U r Z CHANC U C Q CHERT t 2 CARMINE ST WASNI ONAVE S INT > CHURCH LN Ave a OJEFFERS AVE C �0 O 71-11 MONK INTERNATIONAL DR JUSTAMERE RD ENLARGED LOCATION MAP UNE IS 2INCHES AT FULL SIZE FILE G-2 DRAWN SHH DESKaNED CHECKED CHECKED JACKSON L LL Q J L r TYLER FOLK �� REVISIONS DESCRFTION BY Page 1 of 2 Walter Bandish From: Ed Gardulski [egardulski-cape@cf1.rr.com] Sent: Thursday, April 05, 2007 10:14 AM To: Staff - Walter Bandish (Staff - Walter Bandish) Subject: FW: LS#1 Force Main - Expertech Bid From: Davies, Steve [mailto:SDavies@Brwncald.com] Sent: Thursday, April 05, 2007 10:07 AM To: Ed Gardulski Cc: Staff - Walter Bandish (Staff - Walter Bandish) Subject: LS#1 Force Main - Expertech Bid Ed I checked out the license for Expertech. It is current and active. As you said the numbers in their bid are accurate. One thing that looks unusual is their cost for restrained pipe is less than for unrestrained pipe Other things we need to award to Expertech are: Experience and Qualifications. Have they done this type work before in Florida? Where and what was the cost? Do they plan on using subcontractors? None were listed in the Bid. A breakdown of their costs would be nice. When we start talking about deleting some paving or making changes due to the development on Thurm it will be helpful to see how the credits will be determined. Also required within 10 days after we tell them they got the job (and before we sign the Contract) are the Performance Bond, Payment Bond and Evidence of Insurance. Once we get to check references I think they will be good to go! Steve No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.446 / Virus Database: 268.18.25/745 - Release Date: 4/3/2007 12:48 PM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.446 / Virus Database: 268.18.25/745 - Release Date: 4/3/2007 12:48 PM No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.446 / Virus Database: 268.18.26/746 - Release Date: 4/4/2007 1:09 PM 5/9/2007 SECTION 00300 M The City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Date: The undersigned, as bidder, declares that we have received and examined the project manual entitled Wastewater Lift Station 1 Force Main Replacement and will contract with the Owner, on the form of agreement provided herewith, to do everything required for the fulfillment of the contract for the construction of the Wastewater Lift Station 1 Force Main Replacement at the prices and on the terms and conditions herein contained. We agree that the contract documents include Parts A, B and C of this project manual as well as the referenced federal, state and local agency requirements. We agree that the following shall form a part of this bid: Section 00300 00310 00410 00423 00430 00450 Title :m Bidding Schedule Bid Guaranty Bond Certification of Bidder's Experience and Qualifications Proposed Subcontractors Schedule of Manufacturers and Suppliers, Major Equipment and Material Items Attached is a bid guaranty bond duly completed by a guaranty company authorized to carry on business in the State of Florida in the amount of at least ten (10) percent of the total amount of our bid, or alternatively, there is attached a certified orour bid, check payable to the Owner in the amount of at least ten (10) percent of the total amount If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the performance and payment bonds and the required evidences of insurance within 10 calendar days after receiving written notice of the award of the contract. We further agree, if our bid is accepted androse�erformance of the work is ute contract twoth puch diligence that the work entered into with the Owner, to so plan work and to p shall be completed within the time stipulated. 00300-1 3/5r2oo7 City of Cape Canaveral P:\Gen\Cape Canaveral\Force Main Replacement\Specs\Div 0\00300.doc Wastewater Lift Station I Force Main Replacement The bidder declares that the Contractor's license number and expiration date and representations made therein are made under penalty of perjury under the laws of the State of Florida. K��,Wg Title of Witness �&� � lAty0of'yL s��1s�i`on LUSS rrc. Name of Bidder 0-Ut_kaau3i9 Contractor's License No. ALA 31.ac�cfr License Expiration Date Signature of Bidder V 1' os C)C),g C,,-, Title of Signatory 23h5- Waecl6a Ci4xly-Sk- 00 c�t2a�n,F� 33u31 Address of Bidder uQx 0, State of Incorporation **END OF SECTION** 00300-2 City of Cape Canaveral 3/5/2007 Wastewater Lift Station 1 Force Main Replacement PAGen\Cape Canaveral\Force Main Replacement\Specs\Div 0\00300.doc SECTION 00310 BIDDING SCHEDULE ITEM A: Item A includes the work associated with the connection of the new 12" Wastewater Force Main to the existing 14" PVC force main and the new 12' plug valve cut into the existing 12' ACP force main on Thurm Boulevard for the lump sum of (includes 2 - 12' valves): n _.. i c (iri words) $k (in numbers) ITEM B: Item B includes the work associated with the installation of the Unrestrained 12" Wastewater Force Main for the unit cost of $ W` for 2,532 linear foot. bers) Total cost (unit cost x 2,532) for Item B is: S t � t n f � . l t � � c�i V t,. � �,n►�cP(1 �; t'tlJ tOtt F AvL� C�� � , (in words) $ (in numbers) ITEM C: Item C includes the work associated with the installation of the Restrained 12" Wastewater Force Main (including fittings) for the unit cost of $ 59,Q( numbers) for 993 linear foot. Total cost (unit cost x 993) for Item C is: 0�kk Dol $ & .5 (in numbers) 00310-1 3/5/2007 City of Cape Canaveral PAGen\Cape Canaveral\Force Main Replacement\Specs\Div 0\00310.doc wactewater Lift Station I Force Main Replacement ITEM D: Item D includes the work associated with the 12" Wastewater Force Main Directional Drill under the river (Sta. 2+25 to Sta. 7+50) for the lump sum of: Ni41n U niY1P�ANoVSaY\ -QX\\ ndI'2� Si���S 510 Dollars (in words) $q ILOU -0n (in numbers) ITEM E: Item E includes the work associated with the installation of the 12" Plug Valves for the unit cost of $ (4*9 1`_-1 for each of 5 valves. (in numbers) Total cost (unit cost x 5) for Item E is: V\, s (in words) $ 2,;�. q -40 (in numbers) ITEM F: Item F includes the work associated with the installation of the Air/Vacuum Valves for the unit cost of $ 3 -) 57-o -( q for each of 2 valve assemblies. (in numbers) Total cost (unit cost x 2) for Item F is: ,�aytyx A- ov v �N�A �e 11_�s (in words) $ (in numbers) ITEM G: Item G includes the work associated with the 12" Wastewater Force Main Bore and Jack under State Road AIA for the lump sum of- r- U w�S i��U -fir .su ain v i A Dov (in words) (in numbers) 00310-2 City of Cape Canaveral 3/5/2007 Wastewater Lift Station 1 Force Main Replacement PAGen\Cape Canaveral\Force Main Replacement\Specs\Div 0=310.doc ITEM H: Item H includes the work associated with the connection of the new 12" Wastewater Force Main to the existing 12" force main at the existing Lift Station 1 and the 2" air relief line for the lump sum of: (in words) C fVNk5 ITEM I: Item I includes the work associated with the 4" force main connection on Columbia Drive for the lump sum of: (in words) $ (in numbers) ITEM J: Item J includes the work associated with the restoration of all disturbed sodded areas for the lump sum of: 0 a i&A-c (in words) $ aiq2A CP (in numbers) ITEM K: Item K includes the work associated with the restoration of all disturbed concrete areas for the lump sum of: (in words) $ q, 9 ( (in numbers) ITEM L: Item L includes the work associated with the restoration of all disturbed paved areas for the lump sum of: �Y\ i he uVA-5 oAC `&\)A A SAe (i w (m words) Slur $ 'I _ Con (' - CI (in numbers) 00310-3 3/5/2007 City of Cape Canaveral P:\Gen\Cape Canaveral\Force Main Replacement\Specs\Div 0\00310.doe Wa«ewater Lift Station I Force Main Replacement ITEM M: Item M includes the work associated with erosion control for the lump sum of - 0 kv words) (in numbers) ITEM N: Item N includes provision of the sheeting, shoring, bracing and other excavation supports required by the Trench Safety Act, the lump sum of: i � M V V u , t Wy e S f lUft Qj +W,O P94ffs (1n words) (in numbers) TOTAL CONTRACT PRICE (sum of Items A and N): (in words) (in numbers) **END OF SECTION** 00310-4 City of Cape Canaveral 3/5/2007 Wastewater Lift Station 1 Force Main Replacement P:\Gen\Cape Canaveral\Force Main Replacement\Specs\Div 0\00310.doc SECTION 00423 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The undersigned bidder certifies that he is, at the time of bidding, and shall be, throughout the period of the contract, licensed by lorida to do the type of work required under d rhfurther certe of tifies u es that he is skilled and regularly engaged in terms of the contract documents. Bid the general class and type of work called for in the contract documents. In accordance with the requirements of paragraph 00100-1.05 A, the bidder represents that he is competent, knowledgeable and has special skills on the nature, extent and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities, which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that he is aware measures t peculiar adequately and he has safely the skill and perform h experience to foresee and to adopt protective construction work with respect to such hazards. Signed this 3A day of Name of Bidder Contract 's License No. and State Signature of Bidder Title of Signatory **END OF SECTION** 00423-1 3/5/2007 City of Cape Canaveral P:\Gen\Cape Canaveral\Force Main Replacement\Specs\Div 0\00423.doc Wastewater Lift Station I Force Main Replacement SECTION 00430 PROPOSED SUBCONTRACTORS The following information gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the contract. No subcontractor doing work in excess of 2 percent of the total amount of the bid and who is not listed shall be used without the written approval of the Owner. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, e.g., 00430-2, and headed "Proposed Subcontractors" and shall be signed.) Signature of Bidder **END OF SECTION** 00430-1 3/5/2007 City of Cape Canaveral P:\Gen\Cape Canaveral\Force Main Replacement\Specs\Div 0\00430.doc Wastewater Lift Station 1 Force Main Replacement p SECTION 00450 SCHEDULE OF MANUFACTURERS AND SUPPLIERS MAJOR EQUIPMENT AND MATERIAL ITEMS In accordance with paragraph 00100-1.04 A.7, the bidder proposes that the named items of major equipment and materials will be supplied by the manufacturers or suppliers as written in by the bidder. **END Item Manufacturer or Nu tier 1. 12" PVC Pipe (open cut) ```�`�� Sc��eS (.L� 2. 12" PVC Pipe (directional drill) 3. Plug Valves V �� \ �•'j >\ C ('� Sa�eS LLQ 4. Restrained Joints 5. Air/Vacuum Valves �; Sa%S . U ; ���y (� LLC LLC - 6. 24 Steel Casing y V , S S LLC - 7. Casing Spacers **END OF SECTION** 00450-1 3i5n--007 City of Cape Canaveral p:\Gen\Cz CanaveraMrorce Main Replacement\Specs\Div 0\00450.doc Wastewater Lift Station 1 Force Main Replacement SECTION 00510 AGREEMENT THIS AGREEMENT, made this day of AV 20QL-), by and between the City of Cape Canaveral, hereinafter called the "Owner," and , ,t kA q �w , y `�a LUSS `, hereinafter called the "Contractor." WITNESSETH: WHEREAS, the Owner has caused a project manual to be prepared comprised of one volume of bidding and contract requirements and technical specifications and one set of drawings for the construction of Wastewater Lift Station 1 Force Main Replacement Project as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the contract as defined in paragraph 00710-1.01 of the specifications. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained in the contract and to be performed, the Contractor hereby agrees to complete the work at the price and on the terms and conditions therein contained, and the Owner agrees to pay the Contractor the contract price provided therein for the fulfillment of the work and the performance of the covenants set forth herein. The further terms, conditions, and covenants of this agreement are set forth in the contract an documents, each of which is attached hereto and by this reference made a part hereof: Part A, Bidding and Contract Requirements Part B, Technical Specifications; and Part C, a set of drawings. 00510-1 3/5/2007 City of Cape Canaveral P:\Gen\Cape Canaveral\Force Main Replacement\Specs\Div 0\00510.doc Wastewater Lift Station 1 Force Main Replacement IN WITNESS WHEREOF, this agreement has been executed on this -�A day of % , 20_0a. Signature for Owner Title of Signatory Attest: Signature Title of Signatory Name of C ntractor for Contractor VF� VS QJD2401\!� Title of Signatory Signature Title of Signatory **END OF SECTION** 00510-2 City of Cape Canaveral 3/5/2007 Wastewater Lift Station I Force Main Replacement PAGen\Cape CanaveralTorce Main Replacement\Specs\Div 0\00510.doc SECTION 00410 BID GUARANTY BOND Bond No. 100007637-4 KNOW ALL MEN BY THESE PRESENT'S: TAT EXPERTECH NETWORK INSTALLATION (U.S.) INC. ,,hereinafter called the Principal, and 'TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , hereinafter called the Surety, are jointly and severally held and fimily bound unto the cent the City of:Cape Canaveral, hereinafter called the Obligee, each in the al sum of ten (10) per of the total:amount of the bid of -the Principal for the work, this sum not to exceed Ten Percent of Tender Price dollars ($10% of Tender ) Price of lawful money of the United States for the payment thereof unto the Obligee, the Principal and Surety jointly and severally bind themselves forever firmly by these presents. WHEREAS, the Principal is herewith submitting its offer for the fulfillment of Obligee's contract for construction of the -Wastewater Lift Station I Force Main Replacement. Project- THEREFORE, roject. BEFORE, the condition of this obligation is such that if the Principal is NOW, awarded the contract, and if the Principal, within the time specified in the bid for such .contract, rein enters into., executes, and delivers to the. Obligee an grthu thein the form me th b d complete writh .evidences of insurance, and if thePrincipal time specifi. to the Obligee the performance and payment bonds on the forth :provided herein, then this the Principal and Surety will pay unto the Obligee the obligation shall be void; otherwise; bid of the _ difference m money between the total amount of thfulfill the contra cipatl if the laand tter amount be in the Obligee legally contracts with another party oe excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. AND IT IS HEREBY DECLAREDAND AGREED that the Surety shall be liable. under al and that no of any kind or nature whatsoever that will not this obligation as Principal, discharge the Principal shall operate as a discharge or a release of liability of the Surety. Tr IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be binding upon and inure to the benefit of the Principal, the Surety, and the Obligee and their respective heirs, executors, administrators, Successors and assigns. 00410-1 315/2007 City of Cape Canaveral P:Wkn\Car Canaverar Force Main Rep1.--m\Spe-\Div W0410.doc Wastewater lift Station 1 Force Main Replacement SIGNED AND SEALED this 2nd day of April , 20 07 Expertech Network Installation (U.S.) Inc. (SEAL) Principal Signa for hincipal (SEAL) O(_[e` Title of Signatory Travelers Casualty and Surety Company - of America Surety Signature for Kathy Ness, Attorney-in-fact Title of Signatory **END OF SECTION** 00410-2 City of Cape Canaveral 3/SI2007 Wastewater lift Station 1:Force Main Replacement P.%GenlCape CanaveraWorce Main ReplacementlSpecslDiv 0\00419.doc a TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217383 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001476312 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jacqueline Miller, Janice Oehm, Kathy Ness, Patrick W. Baker, Shane Sinclair, and Tim Gorman of the City of Tornntn Ontario , State of Canada , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, sea] and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required yo Ut g -&- in at J' ions or nceedings allowed by law. F IN WITNESS WHEREOF, the Companies have caused this mstrt� nkto� be e�affixed, gnafld tl� +corporate seals to be hereto axed, this day of December 2006 }'�� � �+ t ICA Farmington Casualty Cq p y Std Fidelity and Guaranty, Xrancv par Fidelity and Guaranty Insu a Underw ters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company 7th Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 2 v • r` $thfi -FIRE 4 r ��M INS t \NSUq= 4 J�ttY A/y0 �� W D %P,......... :yt. *. y FG .a V � ♦f � � ""^��.\R\W 17(.� Z Zs ICON VORA)F�m =zf�``'�prORgif .�1^' m �1fttFo{� � � i, a �•4�C\" Ja O� 9OyF N 4�� a/�^......= ;far% > " _ iadD �y J>r �Y�,� '7� 0` �y � ,,•fi �j t}t� ni'�Ft�t��%' c.\NC !S . AN ! 1r...� � i 'p AII� ww+y State of Connecticut City of Hartford ss. By: GeorgA�Zo enior ice President On this the 7th day of December 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �p•Tt'>r� In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of lune, 2011. 58440-8-06 Printed in U.S.A. Marie C. Tetreault, Notary Public This Powel of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Cympanyl St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sur �crtapan men d United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power ttome ted b sa11 ompanies, which is in full force and effect and has not been revoked.' * } 10 IN I IN TESTIMONY WHEREOF, I have hereunto set my hand ar th e •f ; ?anies this day of 20 O_7 Kori M. lohans Assistant Secretary GI.SU.� $t7P£Ty F\0.F 6 s\*M.�MfG . + \NSUq JP iY 4hp. IMQ -.iy ,�r� EtSEAL:3°f �Y � I,IFd �.� � 9`Q: � `xANGE Cf....� 6. �.. ..: �d L6 Jl �� • r To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. BIDDERS QUALIFICATIONS Prime – Orlando, Fl (Present) --- (Ketan Patel 407-947-7449) Project includes drilling & placing of 24" Force Main. City of Ft. Myers (Completed) Project included 24" water main, directional drill. BellSouth – Moss Point, Ms (Completed) 4000' River bore. (Drill & Leave 4" Steel Pipe) Verizon – Tampa, Fl (Completed) --- Contact (Rose Ross 813-664-6701) I-275 Directional bore of 580 feet. Multi-year Master Service Agreement – Bell Canada (Ongoing)—(Contact Paddy Kelahear 514-786-0794) We have a multi-year Master Service Agreement with Bell Canada all territories with limited exceptions. Expertech is the Preferred Supplier for Outside Plant work and Inside Plant installation, testing and commissioning of all types of equipment. Also includes Design & Engineering support, Emergency restoration, Quality performance rating, Resource optimization, Process simplification, etc. EF&I Network Construction – KMC Telecom Chicago (Complete)—(Contact Tom Drolet 770-329-8574) This project involved the engineering design and specification, site surveys, construction, installation and provisioning of 40 miles (3 separate rings) of fiber network. OSP Proiect Management – Qwest Communications (Complete)—(Contact Mike Odonnell 303-792-6300) The Colorado Department of Transportation is expanding Interstate 25 (main artery through Denver). The TREX project consists of widening of the highway by two lanes & installation of a light rail commuter train. It is planned to be a 5 year project with approximately 90 facility conflicts. Our responsibility consists of: Relocation of telecommunication infrastructure & cables: - 150 copper cables and 25 fiber cables, 150,000 feet of structure – 15 utility vaults and 25,000 design circuits. Client's Benefits: $1.5M US cost reduction from original plan and met schedule. Network Maintenance – Nexxia-US Long term contract signed in 2003, consists of maintaining (12) POP sites & (38) regen sites between NY and Seattle. Also, installing all potential future sites planned in the southern states and in California. Our responsibilities are: routine maintenance, power maintenance, enclosure maintenance, alarm -repair -restore and access/escort to sites. OSP Network Design – Verizon Upstate NY and NJ (Ongoing)—(Contact Linda Bidney 716-840-8607) Overflow engineering work in Buffalo, Albany and Syracuse. This is an ongoing contract, and involves the design of the OSP and ROW activities. OSP build - 3 zones of the Extended Network and other SuperNet related `Base' Network. These projects include project management, supervision, line placing, splicing, trenching, plowing, directional bore, placing of new fiber, new conduits, aerial, building connections, hand holes, manholes, etc. Master Service Agreement – Nortel (Ongoing) Nortel digital and optical equipment installation. To install, test and commission all Nortel's carrier grade digital switching, optical, transport, etc. Equipment throughout Canada for all clients. Turnkey POP Shelters – (110) shelters across Canada. We are project managing the shelter builds along with Nufab as our partner and coordination the factory installation of all digital equipment and power supplies. It includes, load -unload and delivery to sites. Cisco IP Network Build Out Project (Complete) This project involves the site surveys, detailed engineering, spec writing, material supply, staging, iron work, equipment installation, cabling, fiber characterization, testing and turn -up of 55 POP sites equipped with Cisco Catalyst product in 8 weeks. BellSouth (Master Service Agreement) – Miami Fl (Present)—(Contact Maria Johnston 305-298-5500) Miami Police Department Miami Metro Zoo American Airlines Arena All projects include trenching, boring and placing of fiber cables. ITS -Miami Dade County (Present)—(Contact Maria Johnston 305-298-5500) Project includes installation of Intelligent Traffic System in (180) Intersections, which ties into the Dade County Traffic computer system ITS – Denver, Co (Complete)—(Contact William Kascek 303-512-5839) Project includes installation of Intelligent Traffic System for (62) miles, fiber placement, message board installation, camera's and equipment located in the remote control center. Verizon (Present)—Contact (Rose Ross 813-664-6701) Lakeland, Fl Trench and bore 10,850 feet and placement of fiber cable and splicing of fiber and copper cable. Construction Experience Individual's Name Position Years of Construction Ex erience Type of Work John C. Wood Director, US Ops 33 Construction/Mgmt Doug Whyte Director Eng 40 Construction/En Jim Worthen Project Mgr 30 Construction Su v Trent Henrikson Project Mgr 20 Construction Su v Pat Tyrell Project Mgr 24 Construction Supv OSP Equipment Expertech's current tools and equipment investment sits at $23 Million net value, with an annual capital re -investment budget of $9 Million. The Expertech workforce is outfitted with the equipment and minor items of material required to complete cable placing, splicing/fusing, electrical protection, power equipment installation, telecom equipment installation, etc., for all network platforms whether they be copper or the latest in fiber optics and optical equipment. In addition we have a comprehensive line of equipment and experienced workforce for trenching and boring applications for all under ground utility applications. Our equipment is routinely upgraded or replaced to meet technology demands. A sample of some of our equipment is listed below: Equipment Description (Owned) 6 W SUPER DUTY MINI -LADDER VAN SPLICING VAN W — MINI LADDER LINE TRUCK EQU. W.CORNER-MOUNT LINE TRUCK EQU. W. CORNER -MOUNT & DIGGER CAPABILITY LINE TRUCK EQU. W. TELSTA LINE TRUCK EQU. W. BOOM PULLING CABLE EQUIPMENT LINE VEHICLE EQU. W. VST 4000 LINE VEHICLE LINE TRUCK LINE TRUCK -HEAVY DUTY MINI VAN DUCT RODDER TRAILERS STATION WAGON EXPLORER 4X4 PICK-UP ONE TON TRUCKS 2.5 TON TRUCKS PICK UP FULL-SIZE VAN LIGHT DUTTY VAN HEAVY DUTY PANEL SUBURVAN CUBE VAN STEP VAN FORK LIFT DUMP TRUCKS Equipment Description (Leased/Purchase) VERMEER 7 X 11 DIRECTIONAL DRILL MACHINES VERMEER 16 X 20 DIRECTIONAL DRILL MACHINES VERMEER 24 X 40 DIRECTIONAL DRILL MACHINES VERMEER 24 X 26 DIRECTIONAL DRILL MACHINES VERMEER 36 X 50 DIRECTIONAL DRILL MACHINES VERMEER 100 X 120 DRILL MACHINES MCELROY 618 FUSION MACHINES CAT BACKHOES CAT MINI EXCAVATOR (1) VERMEER MINI EXCAVATORS VERMEER VAC SYSTEMS DITCH WITCH VAC SYSTEMS CAT EXCAVATORS LICENSE — STATE OF FLORIDA UNDERGROUND UTILITY & EXCAVATION LICENSE LICENSE NBR — CUC 1224319 ELECTRICAL CONTRACTOR LICENSE LICENSE NBR — EC 13003436 FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATE OF QUALIFICATION PROJECTS CURRENTLY IN PROCESS Volt Telecom is the prime contractor and Expertech is the sub -contractor performing the work. LOCATION: SANFORD FL CONTACT: VOLT TELECOM—BOB HINES (727) 571-2268 WORK INVOLVED: 16" Reclaimed Pipe -Directional drill installation -5,610 LF 12" Reclaimed Pipe -Directional drill installation -5,200 LF 8" Reclaimed Pipe -Directional drill installation -10,000 LF 6" Reclaimed Pipe -Directional drill installation -12,500 LF 4" Reclaimed Pipe -Directional drill installation -2,200 LF 2" Reclaimed Pipe -Directional drill installation -840 LF 12" Gate valve placement 3 EA 8" Gate valve placement 22 EA 6" Gate valve placement 25 EA 4" Gate valve placement 15 EA Fire hydrant assembly placement 3 EA 1" reclaimed meter and meter box placement 400 EA Various Service Connections 24" HDPE -Directional drill installation (2 locations) 1,500 LF each Prime Construction Group, Inc is the prime contractor and Expertech is the sub contractor performing the work. LOCATION: KISSIMMEE, FL CONTACT: PRIME CONSTRUCTION GROUP, INC—REYNOLDS HOLIMAN (407) 856-8180 WORK INVOLVED: 24" HDPE –Directional drill installation and fusing of 24" HDPE and placement of MJ adapters -5,400 LF 36" HDPE—Directional drill installation -680 LF Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Resolution Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-14, APPROVING THE FINAL REPLAT OF "BEACH BREEZE TOWNHOMES" DEPT/DIVISION: GROWTH MAAGEMENT/P&Z Requested Action: City Council consider the adoption of Resolution No. 2007-14, approving the final replat of "Beach Breeze Townhomes" as recommended by the Planning & Zoning Board. Summary Explanation & Background: This is for the final replat of Tract 6, of Section 14, Township 24, South Range 35 East, Chandler Park Subdivision. I recommend approval. Exhibits Attached: P&Z recommendation memo; application by applicant; city planner's report; staff comments; final replat (hand-out) Mana Office F Department GROWTH MGMT/P&Z kim\my ments\admin\council\meeting\2007\05-15-07\2007-14.doc RESOLUTION NO. 2007-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "BEACH BREEZE TOWNHOMES"; AUTHORIZING THE MAYOR TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Stacey L. Shoemaker, complied with the platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Replat of Beach Breeze Townhomes, a Replat of Tract 6, Section 14, Township 24 South, Range 35 East, Chandler Park Subdivision, , is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said replat. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of May, 2007. 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\PLATS\FINAL\2007\Beach Breeze Final Replat_ 07-14.doc City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Beach Breeze Final Replat At the Planning & Zoning Board meeting, held on May 9, 2007, by a unanimous vote, the Board recommended approval of the above referenced final replat. Please schedule this item for the next City Council meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: '8/ 3 a % 0 _] (NOTE: SUBMITTAL MUST BE SUBMITTED A MLNT�IUM OF 30 DAYS PRIOR TO THE PLANNT G & ZONLNG N FETING; PLAT MUST MEET THE REQLTmEMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELD-I NARY PLAT, RE -PLAT, OR HNAL PLAT? i" 1. r1at AMOUNT OF FILING FEE PAID: S' 31. AMOUNT OF ENGLNEERING DEPOSIT PAID: S `j0 (j DID BREVARD COUi�iTY, GEOGRAPHIC. RESEARCH. DIVISION- _APPROVE..- THE. , __. - REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: TH NEEDS TO BE DONE -PRIOR TO SUBMITTAL). YES NO N. A. PROJECT NAIME: PROJECT ADDRESS:e� 2 3 Z V.7_c>o d A •V LEGAL DESCRIPTION: see 0 W INER (S) NANIE: c hr-� OWiINTER(S) ADDRESS: I ZG J U--( r S a PROJECT ARCHITECT/ENGL•\7EER:-1)"06L44, )� c,p�,'n,� d S�Lr ✓� ,; h PHONE NO. OF ARCHITECTIF— GLN'EER: •�2 I -- APPLICANTS) SIGNATURE: A A �J`AURe. AGENT PHO -,VE NUMBER OF OWi-ER/AGENT:-----.--- i d'e �A il. rl 1 I AJA 4.L JLJLJ TDT?T7T TT A -T1 -,T T P FCFrnT Project N RESIDEENTIAL: 1, 2 & 3 Residential Units .............................................TOTAL: 7.50 Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit $ Total: $ COMMERCIAL: $150 per acre of land, or portion thereof. Acres XTOTAL.150 $ _ $ ............... SITE PLAN EXTENSION: .................................................. TOTAL: ................ $150.00 SITE PLAN RESUBMISSION: 50% of original fee ......... TOTAL: ..............$ DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 - 4 Units .....................700.00 Over 4 Units.................. $1,500.00 COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres ..... $2,000.00 Over 8 Acres ..................$3,000.00 Total Acres:_ '-1- 213 Office Use Only: Escrow Account # 1-202.2400 --------------- TOTAL REVIEW DEPOSIT RECEIVED: $ -700, 00 TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ X9,50 PAID RECEIPT NO. DATE RECV'D Z4 n City of Cape Canaveral Beach Breeze Final Replat Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre Proposed Number of Units: Maximum Potential Density: Current Future Land Use: Current Zoning: S. L. Shoemaker Section 14, Township 24 South, Range 37 East 0.628 +/- Acres 15 units maximum whole site N/A (2 lots shown) 9 DU/AC R-2 Residential R-2 Residential Description: The applicant proposes a replat of a lot located at 8323 Ridgewood Avenue, Parcel No. 24-37-14-77-00006.0-0000.00. The replat will result in two lots created out of the existing one, both with frontage onto Ridgewood Avenue. The subject site is located north of Washington Avenue and west of and adjacent to Ridgewood Avenue. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is two (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,534. There is still adequate park space available. AIA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level North South East West Zoning R-2 Rcsidcntial R-2 Residential Ridgewood R-2 Residential Avenue / R-3 Residential Comp Plan PUB PUB Ridgewood PUB Avenue / PUB Existing Public School Public School Ridgewood Public School Conditions Avenue / Public Park Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is two (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,534. There is still adequate park space available. AIA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service "A" with 325 excess trips. If developed completely as residential, the site could generate 5 to 6 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The Level of Service for wastewater capacity is 118 gallons per capita per day. At 2.35 persons per household, X's the proposed two households, X's 118; the projected demand is approximately 555 gallons per day of wastewater. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The Level of Service for potable water is 264 gallons per household per day. The projected demand is 528 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston -Urban Land Complex (GA) soil type. The soils in this complex are well -drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. The water table generally is below a depth of 60 inches; it is between 40 and 60 inches for short periods during the raining season. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.35 persons. The two units will probably accommodate four to five new persons. 2 3.01 ' - T5j;F7800 2 13 I15 j%J�Jy12 _T AMS AV 6 �, 7T0J 1.0 1 3 4 5 6 7 0 14y151161 110i11112113�14111�'1516 9.90 1 r g 4 1 4A 2 r 1 � 1rr 3 12 6 / 9 Page 1 of 1 http://www.brevardpropertyappraiser.com/scriptslesrimal).dll?name=Brevard 1 &i d=2007050... 5/2/2007 Page 1 of 1 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2007050... 5/2/20()7 May 2, 2007 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Final Plat Review — Beach Breeze - Review #2 SSA Job No. 05-0025, Task 047-1003 Dear Mr. Peetz: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. sincerely, David ARoyJos, LS Chief Surveyor DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review #2 — NIC NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTLER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-7837065 Lac. #AAC000329 #EB0000762 #LB0006700 u:ljoan sottorivalcMftprojedslcapeubeach breeze final plal review 2.doc Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: April 10, 2007 Re: Beach Breeze Final Replat I have reviewed the Beach Breeze Final Replat and have no comments at this time. If you have any questions, or need further information please feel free to contact me at 407-629-8880. MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: February 15, 2007 RE: Beach Breeze Preliminary Re -Plat The Public Works Department has reviewed the Preliminary Re -Plat of the above stated and we do not have any comments or concern. Page 1 of 1 Todd Peetz From: John Cunningham Ucunningham@ccvfd.org] Sent: Monday, April 23, 2007 9:13 AM To: Todd Peetz Subject: Re: Beach Breeze (Final Replat) Todd, We have reviewed the replat and have no comment at this time. 5/1/2007 Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Resolution Item 8 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-15, APPROVING THE FINAL REPLAT OF "LAWS TOWNHOMES" DEPT/DIVISION: GROWTH MAAGEMENT/P&Z Requested Action: City Council consider the adoption of Resolution No. 2007-15, approving the final replat of "Laws Townhomes" as recommended by the Planning & Zoning Board. Summary Explanation & Background: This is for the final replat of Lot 5, Block 69, Avon -by -the -Sea. I recommend approval. Exhibits Attached: P&Z recommendation memo; application by applicant; city planner's report; staff comments; inial replat (hand-out) City Man is Office Department GROWTH MGMT/P&Z pe-nt\ki ocuments\admin\council\meeting\2007\05-15-07\2007-15.doc RESOLUTION NO. 2007-15 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "LAWS TOWNHOMES"; AUTHORIZING THE MAYOR TO EXECUTE THE REPLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Thomas and Nancy Laws, complied with the platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Replat of Laws Townhomes, a Replat of Lot 5, Block 69, Avon -by -the -Sea, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said replat. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of May, 2007. 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\PLATS\FINAL\2007\Law ToWnhomes Final Replat_ 07-15.doc City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Laws Townhomes Final Replat At the Planning & Zoning Board meeting, held on May 9, 2007, by a unanimous vote, the Board recommended approval of the above referenced final replat. Please schedule this item for the next City Council meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SLINCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com APPLICATION FOR PLAT REVIEW DATE OF.SUBMITTAL: (NOTE: SUBIMIITTAL MUST BE SUBMITTED A hMENHJM OF 30 DAYS PRIOR TO THE PLANND;G & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELa, H ARY PLAT, RE -PLAT, OR FP1AL PLA AMOUNT OF FMLP'�G FEE PAID: AMOUNT OF EN GLYEERING DEPOSIT PAID: S - -7 Z)Q � _DID BREVARD COUNTY,, H. RESEARCH- DIVISION__ APPROVE_. -.THE REQUEST FOR STREET NAME, IF APPLICABLE? COTE: THIS NEEDS TO BE -D0ti7E-PRI0R TO SUBMITTAL). YES NO N. A. PROJECT NAME: LAW -S � "jo,"nnjz-•S PROJECT ADDRESS: k 4 `j ,►c 6 _,,j,yC,,s,4 LEGAL DESCRIPTION: �T Z �rwPZ'- QJGE 3'7 �i i 'a OWINER(S) NA_tiIE:_�Tt nnc-�4 /tel /C y L-4 WS O�Yi'�7✓R(S) ADDRESS: �- 1, -o .4/Z / fc PROJECT ARCHITECT/ENGI2\TEER: gELN lv*\Af'p:Z(,3G- PHONE NO. OF ARCHITECTIENGLN7EER: 1 - -7 k' - q1-7 APPLICANTS) SIGMA 37 OS'S'MER)AGENT itDtimL— wa2� PH O?VE NUMI ER OF O VY�'ERIA GENT:- ��- (�-- ------ �--fit.- -, ----- �--3-�_--� =� : ��----- v i vi i.� .0 ail u •t 1 r Lla1 1L PRELIMINARY PLAT, REPLAT & FINAL PLAT RECEIPT Project N RESIDENTIAL: a% 1C3,& 3 Residential Units............................................. TOTA: $37.50 Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit Total: $ COMMERCIAL: $150 per acre of land, or portion thereof. 150 $ TOTAL: Acres X - - . _ ...............$. _ SITE PLAN EXTENSION: .................................................. TOTAL: ................ %50.00 SITE PLAN / RESUBMISSION. 50 of o ' original fee ......... TOTAL: ..............$ ----------- DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1- 4 Units (:4;0 Over 4 Units ................. COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres ..... $2,000.00 Over 8 Acres ..................$3,000.00 Total Acres: Office Use Only: Escrow Account # 1-202.2400 ------------- TOTAL REVIEW DEPOSIT RECEIVED: $_5T, _ 5 O TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ -1 C O PAID RECEIPT NO. DATE RECV'D City of Cape Canaveral Final Plat Laws Townhomes Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: Thomas A and Nancy D. Laws Section 23, Township 24 South, Range 37 East 0.175 +/- Acres 2.6 2 11.4 DU/AC CA Commercial C- 1 Commercial Description: The applicant proposes to build two, 2 -story, townhome units on a 0.175 acre lot. The subject site is located south of Lincoln Avenue, east of Astronaut Boulevard (AIA) Avenue and west of Poinsetta Avenue. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. North South East West Zoning C-1 Commercial C -I Commercial C-1 Commercial C-1 Commercial Comp Plan C-1 Commercial C-1 Commercial C-1 Commercial C-1 Commercial Existing Commercial / Multi Family Multi Family Commercial Conditions Multi Family Residential Residential Residential / Lincoln Avenue Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. The proposed development would access Lincoln Avenue which links to Astronaut Boulevard (AIA). The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate is 600 gallons per day. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 600 gallons per day. However, there is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston-Urban land complex (GA) soil type. The soils in this complex are well-drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 per household. The anticipated population increase would be around 5 persons. Page 1 of 1. ALIOS A I 4 1 7 9.01 C L1NCQ 1 3 4 9 11 12 JOHNS 1 244 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2007050... 5/2/2007 Page 1 of 1 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=BrevardI &id=2007050... 5/2/2007 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: April 12, 2007 Re: Laws Townhomes Final Replat • I have reviewed the Laws Townhomes Final Replat and have no concerns at this time If you have any questions, or need further information please feel free to contact me at 407-629-8880. April 19, 2007 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Final Plat Review -Laws Town homes -Review #1 SSA Job No. 95.0208, Task 050.1003 Dear Mr. Peetz: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, David Roy Jones, PSM Chief Surveyor DRJ:jls CC: Susan L. Chapman City Engineer's Review Fee For Review #1— $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Enninccrin Feesfor SII re in ji of after Lnd re :ri$ :mil be billed ut it nn per h,,,r. y g SM=R INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783.1320 Fax 321-783-7065 uuyoan sottorivakMllpioiectslcape\Flaws lownhomes final plat remew��6 #AAC000329 #EB0000762 #LB0006700 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: April 12, 2007 RE: Laws Townhomes Re -Plat The Public Works Department has reviewed the Re -Plat of the above stated project and have on further comment: Page 1 of 1 Todd Peetz From: John Cunningham acunningham@ccvfd.org) Sent: Monday, April 23, 2007 9:15 AM To: Todd Peetz Subject: Re:Laws Townhomes (Final Replat) Todd, We have reviewed the replat and have no comment at this time. 5/1/2007 Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Discussion Item 9 No. In review of all the past fire and police referendums, all dealt with additional personnel and equipment. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: FINANCING OF FUTURE FACILITIES DEPT/DIVISION: LEGISLATIVE Requested Action: City Council discuss the financing of future facilities at one time or take a phased approach of financing/funding. Summary Explanation & Background: The city treasurer has provided some options utilizing the Florida League of Cities Bond Program to fund the police, fire and city hall facilities. In review of all the past fire and police referendums, all dealt with additional personnel and equipment. In light of property tax reform, I would recommend that the City Council consider a referendum question seeking authorization to levy a property tax to fund the needed facility improvements, pursuant to Section 200.001(2) (b) of the Florida Statutes for municipal debt service millage. Please advise. Exhibits Attached: City treasurer's outline; past referendums; F.S. City Mana Office Department LEGISLATIVE ca im\my admin\cou \meeting\2007\05-15-07\financing. doc W CO z IM V O J ' 0T-:, • • • � _ _ L M A NT- M N O M O N N It 00 O O O _ 69 64 E!? 64 O O 00 � O 00 M CO coO M T- 69 60- 6F} 6g U. � O N N 0 . ti 'I- 00 Il - O LO W O 11, Lo U) M O O O 619� 69 69 60- 9a CL . O •LO 0 M N co N • (D z -" N � O 000 O 6c" 6g 6c.� 6c* CO U') O M O N LO Ul) W O M� M0 4w M M Z • 69 619, 69 69 0 CO N N z r- O 00 I` a ' r- M 00 U') J N a • 'IT LO CL 61). 6c} 619,619, vy _ y .•�i�T g CL � y z a = i a O O � O U') Q� C Statutes & Constitution :View Statutes :->2006->Ch0200->Section 001 : Online Sunshine Page 1 of 1 (2) Municipal millages shall be composed of four categories of millage rates, as follows: (a) General municipal millage, which shall be that nonvoted millage rate set by the governing body of the municipality. (b) Municipal debt service millage, which shall be that millage rate necessary to raise taxes for debt service as authorized by a vote of the electors pursuant to s. 12, Art. VII of the State Constitution. (c) Municipal voted millage, which shall be that millage rate set by the governing body of the municipality as authorized by a vote of the electors pursuant to s. 9(b), Art. VII of the State Constitution. (d) Municipal dependent special district millage, as provided in subsection (5). http://www.leg. state. fl. us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=... 5/9/2007 ORDINANCE NO. 28-90 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUB- MITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE IMPOSI- TION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. A Police Protection Referendum shall be submit- ted to the electors of the City of Cape Canaveral, Florida, at the November 6, 1990 General Election. SECTION 2. The Police Protection Referendum shall consist of one referendum question, which shall be in the following form: Police Protection Referendum Question Shall the City of Cape Canaveral, Florida, levy an ad valorem tax not to exceed .5 mill on all real property located within the City of Cape Canaveral, Florida, for police protection? Yes No SECTION 3. The City Clerk shall advertise the proposed referendum question pursuant to Florida Statutes. SECTION 4. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of SePteffber 1990./) Ma r �nL�r,lten,..o ATTEST: nArE F� RSDg September 4, 1990 ns September 5, 1990 AMBL" x AdvertisWi September 7, 1990 roarEp x Second Reading: Sept. 18, 1990 ty Clerk MN�ELS x Approved as to Form: 3ALAMONE X 7HUHM I ) X Att rney ORDINANCE NO. 29-90 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUB- MITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE IMPOSI- TION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL POR- TIONS OF THE CODE IN CONFLICT HEREWITH; r PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. A Fire Protection and Emergency Medical Services Referendum shall be submitted to the electors of the City of Cape Canaveral, Florida, at the November 6, 1990 General Election. SECTION 2. The Fire Protection and Emergency Medical Services Referendum shall consist of one referendum question, which shall be in the following form: Fire/Rescue Services Referendum Question Shall the City of Cape Canaveral, Florida, levy an ad valorem tax not to exceed .25 mill on all real property located within the City of Cape Canaveral, Florida, for Fire/Rescue Services? Yes No SECTION 3. The City Clerk shall advertise the proposed referendum question pursuant to Florida Statutes. SECTION 4. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of September , 1990. Win MT's; ATTEST: 4"AWYES FItd Re"ng Sep r 4, 199{ September 5, 1991 qdy {sed: september 7, 199( C' Clerk Second Reading:sept. 18, 1990 Approved as to Form: y Atto ney ORDINANCE NO. 26-94 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE PROTECTION; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. A Police Protection Referendum shall be submitted to the electors of the City of Cape Canaveral, Florida, at the November 8, 1994, Municipal Election. SECTION 2. The Police Protection Referendum shall consist of one referendum question, which shall be in the following form: Police Protection Referendum Question Shall the City of Cape Canaveral, Florida, be authorized to increase the ad valorem tax dedicated to police protection by an amount not exceeding 0.50 mill from the present levy of 0.50 mill to an amount not exceeding 1.0 mill on all real property located within the City of Cape Canaveral for budgets beginning with the fiscal year commencing October 1, 1995? Yes No SECTION 3. The City Clerk shall advertise the proposed referendum question pursuant to Florida Statutes. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Brevard County, Florida, this 20th day of Septemb4JOC, 199 l Salamone, MAYOR ATTEST'- Faith TTEST•Faith G. Miller, CITY CLERK APPROVED AS TO FORM: John.,4Z. Kancilia, CITY ATTORNEY Ard. 9/6/94 Sf 9/7/64 Ad 9/ 9/94 ORDINANCE NO. 27-94 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. A Fire Protection and Emergency Medical Services Referendum shall be submitted to the electors of the City of Cape Canaveral, Florida, at the November 8, 1994, Municipal Election. SECTION 2. The Fire Protection and Emergency Medical Services Referendum shall consist of one referendum question, which shall be in the following form: Fire/Rescue Services Referendum Question Shall the City of Cape Canaveral, Florida, be authorized to increase the ad valorem tax dedicated to fire/rescue services by an amount not exceeding 0.25 mill from the present levy of 0.25 mill to an amount not exceeding 0.50 mill on all real property located within the City of Cape Canaveral for budgets beginning with the fiscal year commencing October 1, 1995? Yes No SECTION 3. The City Clerk shall advertise the proposed referendum question pursuant to Florida Statutes. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 27-94 Page 2 ADOPTED BY the City of Cape Canaveral, Brevard County, Florida, this 20th day of Septembe 199 Jo` CU Salamone, MAYOR ATTE aith G. Miller, CITY CLERK APPROVED AS TO FORM: L John,R. Kancilia, CITY ATTORNEY X Fir ,.ding: 9/6/94 Wed:: 9/7/94 idvet`fis d; 9/9,./94 Se=d Rea: :�:f;a--""9/20/94 ORDINANCE NO. 01-02 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR FIRE/RESCUE SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. TO BE ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVREAL, BREVARD COUNTY, FLORIDA, as follows: Section 1. A Fire/Rescue Services Referendum shall be submitted to the electors of the City of Cape Canaveral, Florida, at the November 6, 2001, Municipal Election. Section 2. The Fire/Rescue Services Referendum shall consist of one referendum question, which shall be in the following form: Fire/Rescue Services Referendum Question Shall the City of Cape Canaveral be authorized to increase the ad valorem tax dedicated to fire/rescue services related to capital equipment expenditures and the addition of (3) personnel to comply with the National Fire Protection Association National Staffing standards by an amount not exceeding 1_5 mill from the present levy of .5 mill on real property within the City of Cape Canaveral for budgets beginning with the fiscal year commencing October 1, 2002. Yes No Section 3. The City Clerk shall advertise the proposed referendum question pursuant to Florida Statutes. Section 4. Effective Date. This ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 01-02 Page 2 ADOPTED BY the City of Cape Canaveral, Brevard County, Florida, this 21St day of August, 2001. ATTEST: Susan Stills, CITY CLERK APPROVED AS TO FORM: ;Z:7� Kohn Bennett, CITY ATTORNEY Rocky Randels, MAYOR FOR AGAINST Burt Bruns X Buzz Petsos Second Rocky Randels X Richard Treverton Absent Larry Weber Motion \\Cape-nt\cityclerk\CityClk\Ordinances\Fire-Rescue Services Referemdum Question 01-02.doc ORDINANCE NO. 12-2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTIONS; DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. TO BE ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. A Police Protection Referendum shall be submitted to the electors of the City of Cape Canaveral, Florida, at the November 5, 2002, Municipal Election. SECTION 2. The Police Protection Referendum shall consist of one referendum question, stating the public purpose, which shall be in the following form: Police Protection Referendum Question Shall the City of Cape Canaveral, Florida be authorized to increase the ad valorem tax dedicated to Police Protection by an increase not exceeding 1 mill on all real property located within the City of Cape Canaveral for additional law enforcement personnel and equipment beginning with the fiscal year commencing October 1, 2003. The present millage rate for police ad valorem is 1 mill. Yes No SECTION 3. The City Clerk shall advertise the proposed referendum question pursuant to Florida Statutes, SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance 12-2002 Page 2 ADOPTED BY the City Council=Cityofpe Cveral, F-11ida this2eday of Au ust, 2002. Rocky Randels, MAYOR ATTEST: Susan Stills, CITY CLERK FOR AGAINST Jim Morgan Motion Buzz Petsos X Rocky Randels X Richard Treverton X APPROVED AS TO FORM: Larry Weber Second Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Ordinances\2002\Ad Valorem Police.doc Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Discussion Item 10 No. There would be an additional cost associated with three or four additional companies that utilize FPL poles AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: RELOCATE EXISTING OVERHEAD UTILITIES WITHIN THE RIDGEWOOD AVENUE AND N. ATLANTIC AVENUE PROJECT AREAS UNDERGROUND DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Bob Hoog is requesting that City Council plan for and finance the cost of relocating the existing overhead utilities underground within the Ridgewood Avenue and N. Atlantic Avenue project area. Summary Explanation & Background: Past conversations with FPL indicated the cost to underground existing overhead utilities at approximately one million dollars per mile. There would be an additional cost associated with three or four additional companies that utilize FPL poles and the cost to underground individual service for adjacent customers. I would recommend City Council consider a referendum question seeking authorization to levy a municipal debt service millage to cover the cost to underground existing overhead utilities. Please advise. Exhibits Attached: N/A City Manage •' ice Department LEGISLATIVE cape-nt\xim\myaocumenLs\acun-i\L�uu ���\.«�=��iiy\ .., Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Discussion Item 11 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PRESERVING THE CITY'S HISTORY DEPT/DIVISION: LEGISLATIVE Requested Action: City Council Member Leo Nicholas is requesting that City Council look into ways to collect and preserve the City's history. Summary Explanation & Background: Currently, the City has no official historian. Please advise. Exhibits Attached: N/A City Mana a •' fice Department LEGISLATIVE caim mydoc s\admin\co eeting\2007\05-15-07\history.doc Meeting Type: Regular Meeting Date: 05-15-07 AGENDA Heading Discussion Item 12 No. Florida Today Article AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: NAMNG THE RECREATION COMPLEX AFTER NANCY HANSON, RECREATION DIRECTOR DEPT/DIVISION: LEGISLATIVE Requested Action: City Council discuss naming the recreation complex after Nancy Hanson, the City's only recreation director, for the past 29 years of service to our community. Summary Explanation & Background: See attached article. Exhibits Attached: Florida Today Article City Man a 's Office Department LEGISLATIVE ca im\ ents\admin\co il\meeting\2007\05-15-07\hanson.doc Printer -friendly article page Page 1 of 3 May 3, 2007 Hanson leaves lasting legacy Monday would have upset Nancy Hanson. Oh, would it have ever. The Cape Canaveral Recreation Complex closed for most of the day, and she would not have agreed with that. Anyone who knew Nancy could hear her now. So I died. So what. You don't close the recreation complex just because of my funeral. You see, as the longtime Cape Canaveral City Recreation Director, Nancy had three rules, and she displayed them with a sign inside the department's offices. Rule #1 The Customer Comes First Rule #2 The Customer Comes First Rule #3 The Customer Comes First The customer was you. It was me. It was anyone with a passion or even a passing interest for participating in sports and recreation. It was Nancy Hanson's life. Serving you. Seeing you enjoy yourself. Seeing you smile. At her funeral, there was a collage of photos, mementos and newspaper clippings. The headline on one article read: "She Works So Others Can Play." That was Nancy. Every community should have a Nancy Only Cape Canaveral did. But many of us, up and down Brevard County, around the state, the country, the world, really, benefited from Nancy Hanson, a wonderful woman who died in her sleep from apparent heart failure. They found her in bed with her two hands pillowed beneath her cheek, coming together as if in prayer. Peaceful. She was 65. Like so many of us, Nancy moved to Brevard County back in the '60s -- 1962 to be exact. A young mother, she poured herself into all the things that today seem like a fading Norman Rockwell painting -- Little League, softball, Cub Scouts, Gray Lady, class mother, Sunday School teacher, and on and on. She was the mom running the concession stand, keeping the scorebook, coaching the teams. There's probably some foreign language where the name Nancy translates to Volunteer. If not, there should be. It was in the early 70s, when Nancy was a volunteer on the Cape Canaveral Recreation Board, that she kept eyeing a patch of land just off Al A. It would be perfect for a recreation complex, she kept telling people. She had a friend in construction draw up a design. She wanted a mix of sports to appeal to all ages, and felt that tennis, racquetball and shuffleboard was the way to go. She kept pushing and pushing, http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20070503/COLUMNISTS0306/70... 5/9/2007 Printer -friendly article page Page 2 of 3 until the Cape Canaveral Recreation Complex came into existence. Later, she became the first and only director the complex has ever known. But Nancy didn't stop there. The Youth Center, Patriots Park, Manatee Sanctuary Park and Banana River Park were all her projects. Her fingerprints are all over Cape Canaveral, her memory in so many hearts. And if you knew Nancy, you knew this. She ruled with an iron fist, but one that wore a velvet glove. They call it tough love. That was Nancy. Rules were rules. Order was a must. Safety came first. She was meticulous. Detail oriented. It all came together to bring about excellence in everything she touched. It's why folks today, like Harvey Renshaw, chairman of the recreation board, say that Cape Canaveral has "the best recreation center in the country." People who know, know why. "Because of Nancy," Renshaw said. "The reason why we have the parks and the complex like we do is because of Nancy." The funny thing about Nancy is that you thought she was the especially plugged into your sport. And it didn't matter what sport or recreation you enjoyed. Racquetball. Tennis. Shuffleboard. Jazzercise. Karate. Bridge. Ballroom Dancing. The list was almost endless. It didn't matter. It seemed like your sport was always getting everything it could get from Nancy. If you were at her memorial service, as so many were, it was as if your sport or activity was a person, and every one of them was saying that they had just lost their best friend. That's the way Paul Owens feels. "We're going to miss her in the racquetball community," said Owens, who, for so many years, helped Nancy run the longest continuous outdoor 4 -wall racquetball tournament in the country. That's right. The Cape Canaveral Recreation Complex holds that honor. The Fall Classic is motoring into its 32nd year, while the Mike Reynolds Spring Fling racquetball tournament is at 27. Both draw players from around the state, and even the country. It's that well-run. In recent years, Nancy didn't even have to send out flyers anymore, since so many people had to be turned away even without any advertising. "It's funny," Owens said, "because every time we have a tournament, invariably one or two people will come up and say I ought to write a book on how to put on a tournament. I'd have to laugh, because it wasn't me. It was Nancy and her staff. They did it all. It was like telling a waiter that he cooks the best food." The most recent Mike Reynolds Spring Fling was two weekends ago, and Nancy helped guide them through some Saturday rain delays. That Sunday, Owens remembers seeing Nancy and thinking, "She's about as relaxed as I've ever seen her. It was a beautiful day, and she just looked so peaceful. She was really happy with the way everything was going, and that everyone was having a good time." Then she did something that Owens wasn't expecting. "She walked up, gave me a hug, and kissed me. Only days later she was gone. That hug and kiss is a memory I'll always carry with me." There should be one more memory, one that should endure as long as Cape Canaveral has a http://www. floridatoday.com/apps/pbcs.dll/article?AID=/20070503/COLUN4NISTS0306/70... 5/9/2007 Printer -friendly article page recreation complex. Name the complex after Nancy Hanson. That's what the city should do. No, Nancy probably wouldn't like that idea either. But like closing the complex this past Monday in honor of her funeral, it's the right thing to do. Contact Kerasotis at heypeterk@aol.com Page 3 of 3 http://www. floridatoday.com/apps/pbcs. dll/article?AID=/20070503/COLUN4NISTS0306/70... 5/9/2007